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HomeMy WebLinkAbout87-162 - General Plan Amendment 87-1C Land Use ElementRESOLUTION NO. 87-162 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING AN AMENDMENT TO THE LAND USE ELEMENT OF THE NEWPORT.' BEACH GENERAL PLAN ESTABLISHING DEVELOPMENT INTENSITY LIMITATIONS FOR COMMERCIAL DEVELOPMENT IN FASHION ISLAND, NEWPORT CENTER [GENERAL PLAN AMENDMENT 87 -1 (C)l WHEREAS, Section 707 of the Charter of the City of Newport Beach provides that the City Council, upon recommedation of the Planning Commission, may amend the General Plan, or any part or element thereof; and WHEREAS, as part of the development and implementation of the Newport Beach General Plan the Land Use Element has been prepared; and WHEREAS, said element of the General Plan sets forth objectives, supporting policies and :limitations for development in the City of Newport Beach; and WHEREAS, said element of the General Plan designates the general distribution and general location and extent of the uses of land and building intensities in a number of ways, including residential land use categories and population projections, commercial floor area limitations, the floor area ratio ordinances, incorporation of Planned Community District standards, Specific Area Plans, and "trend growth" projections, and WHEREAS, the Land Use and Circulation Elements are correlated as required by California planning law in that the original adoption of the elements were based on correlation studies, and subsequent general plan amendments have included comprehensive traffic studies assessing the continued correlation of these elements; and WHEREAS, the provisions and policies of the land Use and Circulation Elements are further implemented by the traffic analysis procedures of the Traffic Phasing Ordinance and the implementation programs of that Ordinance and the Fair Share Traffic Contribution Fee Ordinance; and 1 WHEREAS, pursuant to Section 707 of the Charter of the City of Newport Beach, the Planning Commission has held a public hearing to consider a certain amendment to the Land Use Element of the Newport Beach General Plan, and has recommended approval of said amendment to the City Council; and • WHEREAS, the proposed project is compatible with the existing land uses in Fashion Island; and WHEREAS, the circulation system will not be significantly impacted by the proposed project; and WHEREAS, the increased development in Fashion Island will increase the economic vitality of the center and result in a positive revenue benefit to the City; and WHEREAS, intersections in the vicinity of the project will function at a similar or improved level of service when compared to the existing plan; and WHEREAS, the project meets the criteria of the City's Traffic Phasing Ordinance; and WHEREAS, the City of Newport Beach prepared a final Environmental Impact Report (EIR) for the project in compliance with the California Environmental Quality Act (CEQA) and the State CEQA Guidelines; and WHEREAS, the City Council has reviewed and considered the information contained in the certified final EIR in making its decision on the proposed amendment to the Land Use Element of the Newport Beach General Plan; and WHEREAS, the City Council desires to adopt a certain amendment to the Land Use Element of the Newport Beach General Plan; and WHEREAS, the City Council by this Resolution adopts the Satement of Facts and Statement of Overriding Considerations as required by Sections 15091 and 15093 of the State CEQA Guidelines; and WHEREAS, Section 21002.1 of CEQA and Section 15091 of the State CEQA Guidelines require that the City Council make one or more of the following Findings prior to the approval of a project + for which an EIR has been completed, identifying one or more significant effects of the project, along with Statements of Facts supporting each Finding: FINDING 1 - Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant environmental effects thereof as identified in the EIR. FINDING 2 - Such changes or alterations are within the responsibility and jurisdiction or another public agency and not the agency making the Finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. FINDING 3 - Specific economic, ;social or other considera- tions make infeasible the mitigation measures or project alternatives identified in the EIR; and WHEREAS, Section 15092 provides that the City shall not decide to approve or carry out a project for which an EIR was prepared unless it has (A) Eliminated or substantially lessened all significant effects on the environment where! feasible as shown in the findings under Section 15091, and. (B) Determined that any remaining significant effects on the environment found to be unavoidable under Section 15091 are acceptable due to overriding concerns as described in Section 15093; and WHEREAS, Section 15093 (a) of the State CEQA Guidelines requires the City Council to balance the benefits of a proposed project against its unavoidable environmental risks in determining whether to approve the project; and WHEREAS, Section 15903 (b) of the State CEQA Guidelines requires, where the decision of the City Council allows the is occurrence of significant effects which are identified in the EIR but are not mitigated, the City must: state in writing the reasons to support its action based on the EIR or other information in the record. 3 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 Finding is true and based 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 supported by substantial evidence in the record, including the Final EIR. The Statement of Overriding Considerations 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 ad- dressed 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 be feasibly 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 Fact 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 Is and other considerations as set forth. in the Statement of Facts and the Final EIR. 7. The City Council finds that the unavoidable sig- nificant impact of the project, as identified in the Statement of 4 Facts, that has not been reduced to a level of insignificance has been substantially reduced in impact: by the imposition of Condi- tions on the approved project and the imposition of mitigation measures. In making its decision on the project, the Planning Commission has given greater weight to the adverse environmental • impact. The City Council finds that the remaining unavoidable significant impact is clearly outweighed by the economic, social and other benefits of the project, as set forth in the Statement of overriding Considerations. 8. The City Council finds that the Final EIR has described all reasonable alternatives to the project that could feasibly attain the basic objectives of the project, even when those alternatives might impede the attainment of other 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 recori 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 Fashion Island Expansion project, the Environmental Impact Report evaluated a range of alternatives. The project, as approved by this action, is included in that range of alternatives. The City Council has considered the :recommendation of the Planning Commission in its decision on the project. 4" LJ BE IT FURTHER RESOLVED by the City Council of the City of Newport Beach that the Land Use Element is hereby amended, with related provisions and requirements as described herein: Land Use Element: Revise the? development limitations in Newport Center as follows: Page 31: Retail and Service Commercial Areas: The areas of Newport Center designated for Retail and Service Commercial are intended to provide for predominantly retail commercial uses on those sites. 1. Fashion Island: The allowed development in Fashion Island is 1,310,750 square feet of commercial development. Page 32: Total Permitted Development: The total development permitted by land use category in Newport Center is as follows: Office Commercial Theatre Hotel Residential Institutional Golf Course Automotive Tennis 3,078,496 square feet 1-,-2%,899- sure -feet 1,319,500 square feet 3,750 seats 936 rooms 1,108 dwelling unitsl 106,100 square feet 18 holes 5 acres 24 courts 1 The number of unite indicated are based on estimates of buildable acreage. The remaining development in Newport Center may be shifted between traffic analysis zones subject to the limitations specified in City Council Resolution 9689. The increased development authorized by this resolution is subject to the following requirements: 1. Dedication of all land necessary to complete the Coast Highway widening project between Jamboree Road and Bayside Drive. This dedication shall include a reservation of land needed for the potential future grade separated intersection at Coast Highway and Jamboree Road. This reservation shall remain in effect for a period of twenty -five years. 2. Dedication of all land necessary to complete Jamboree Road to full master plan configuration. The Irvine Company shall also contribute 50% of the cost of completing improvements (including curb, gutters and sidewalks) on Jamboree Road between the required intersection improvement at Santa Barbara Drive and The Newporter Resort. This improvement shall be completed prior to the issuance of the occupancy permit for the commercial development enabled by this General Plan Amendment. 3. Prior to issuance of building permits, The Irvine Company shall provide the City with a letter, the form and content of which is acceptable to the City Attorney and the Planning Department, agreeing that the additional develop- ment approved in this action relative to Fashion Island will be included in the determination of an equitable cost distribution between The Irvine Company and the City, for the improvement of MacArthur Blvd between East Coast Highway and San Joaquin Hills Road to the Master Plan configuration. 4. Occupancy permits for the development entitled by this General Plan Amendment and the related Finding of General Plan Consistency for the transfer of theater seats within Newport Center shall not be issued until The Irvine Company submits a letter agreeing to the approval of redistricting to the P -C (Planned Community) district and adoption of Planned Community District Regulations and Development Plan for Block 300. This zoning text shall reflect the development entitled to the block in the Newport Beach General Plan. 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, California 92658 -8915, (714) 644 -3225. ADOPTED this 23rd day of November , 1987. ATTEST: )4 , -; Lgla'e- CITY CLERK PLT/WP WP \CC \GPA87- 1C.RS1 Exhibit 1 1 CEOA STATEMENT OF FINDINGS AND FACTS FASHION ISLAND EXPANSION GENERAL PLAN AMENDMENT 87 -1(C) ENVIRONMENTAL IMPACT RFCPORT NO. 137 AND PLANNED COMMUNITY DISTRICT REGULATIONS AND DEVELOPMENT PLAN SIGNIFICANT ENVIRONMENTAL EFFECTS WHICH CANNOT BE AVOIDED IF THE PROPOSED PROJECT IS IMPLEMENTED, FINDINGS WITH RESPECT TO SAID EFFECTS, AND STATE- MENT OF FACTS IN SUPPORT THEREOF, ALL WITH RESPECT TO THE PROPOSED CERTIFI- CATION OF AN ENVIRONMENTAL IMPACT REPORT, GENERAL PLAN AMENDMENT, FASHION ISLAND PLANNED COMMUNITY DISTRICT REGULATIONS AND DEVELOPMENT PLAN, TRAFFIC PHASING ORDINANCE, GRADING PERMITS, CIVIC PLAZA PLANNED COMMUNITY DISTRICT REGULATIONS, AND FINDING OF GENERAL PLAN CONSISTENCY FOR THE FASHION ISLAND EXPANSION PROJECT, CITY OF NEWPORT BEACH, CALIFORNIA. BACKGROUND The California Environmental Quality Act (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 EIR has been completed which identifies one or more significant envi- ronmental effects of the project unless the public agency makes one or more written findings for each of those significant effects accompa- nied by a brief explanation of the rationale for each finding. The possible findings are: 1. Changes or alterations have been required in, or incorporated into, the project which avoid or .substantially lessen the signifi- cant environmental effect as identified in the Final EIR. 2. 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 agency or can and should be adopted by such other agency. 3. Specific economic, social, or other considerations make infeasible the mitigation measures or project: alternatives identified in the Final EIR (Section 15091 of the Guidelines)." The City of Newport Beach is considering approval of expansion of the Fash- ion Island site. Because the proposed actions constitute a project under the CEQA Guidelines, the City of Newport Beach has prepared an Environmen- tal Impact Report (EIR). This EIR has identified certain significant effects which may occur as a result of the project, or on a cumulative basis in conjunction with other past, present, and reasonably foreseeable future projects. Further, the City desires to approve this project and, after determining that the EIR is complete and has been prepared in accor- dance with CEQA and the Guidelines, the findings set forth are herein made: FINDINGS AND FACTS IN SUPPORT OF FINDINGS FOR SIGNIFICANT ENVIRONMENTAL EFFECTS OF THE PROJECT • EFFECTS DETERMINED TO BE INSIGNIFICANT The City of Newport Beach prepared an Initial Study to identify effects of the proposed project which are and are not potentially significant. Those topics which were determined not to be significant are stated below: Hydrology Plant Life ° Animal Life 0 • M Natural Resources Cultural Resources Risk of Upset Population ° Housing Public Service Energy Utilities Human Health EFFECTS DETERMINED TO BE MITIGABLE TO A LEVEL OF INSIGNIFICANCE LAND USE Signifi and The proposed project will change the existing land use. This change is not considered a significant environmental effect. Finding Finding 1- Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant envi- ronmental effect as identified in the Final EIR. Facts in Support of Findings 1. Prior to the issuance of any building or grading permits, the applicant shall execute and record an agreement, the form and con- tent of which is acceptable to the Newport Beach City Attorney, acknowledging that the transfer of development approved rights from the Civic Plaza and Block 300 sites results in designated land with no development rights for those development rights which are transferred, and that this is acceptable to the property owner. The property owner shall, in the agreement, acknowledge they have no claim or right to compensation if no additional development rights are granted for the property from which the development rights have been transferred. 2. The Fashion Island mall or theater complex shall not be converted to any other land use. Allowable retail uses within the theater shall be limited to snack bar facilities and an arcade. The the- ater arcade shall be for the use of theater patrons only. AESTHETICS Significant Effect The addition of 69,500 square feet of retail and restaurant development, an approximately 1,354 space parking structure, and 1,700 seat theater complex will alter the visual character of Fashion. Island. This change is not con- sidered adverse. Finding Finding 1- Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant envi- ronmental effect as identified in the Final EIR. Facts in Support of Finding The significant effect has been substantially lessened to a level of insig- nificance by virtue of the existing City Policies and Requirements and Mitigation Measures identified in the Final EIR and incorporated into the project. These measures include the following: 0 1. Mitigation measures have been incorporated into the Planned Commu- nity District (P -C) Regulations and Development Plan. The P -C Text provides specification for Fashion Island which provide land use and development standards supportive of the proposed uses while ensuring compliance with the intent of all applicable regu- latory codes. The text establishes a building envelope in which the proposed development may occur. With the exception of the parking structure, none of the proposed development may occur out- side of the defined Mall Area of Fashion Island. The text further addresses significant effects which could occur without land use and development regulations. These regulations include building height restrictions, floor area and development limits, setback requirements, offstreet parking requirements, permitted uses and uses requiring a Use Permit, and signage. The proposed retail and restaurant uses cannot exceed 69,500 square feet of development for a total of 1,310,750 square feet of retail and restaurant uses. Mall buildings will not exceed 75 feet in height and will provide one parking space for each 250 gross square feet of retail, restaurant, and personal service development. 2. The development shall be in substantial conformance with the approved plot plan, floor plans, elevations, and sections. 3. A landscape and irrigation plan for the project shall be prepared by a licensed landscape architect. The plan shall be subject to approval by the Planning Department, the Department of Parks, Beaches, and Recreation, and the :Public Works Department. 4. The landscape plan shall include a maintenance program which con- trols the use of fertilizers and pesticides. 5. The landscape plan shall place emphasis on the use of drought - resistant vegetation and be irrigated via a system designed to avoid surface runoff and overwate:ring. Significant Effect The development of the 1,700 seat theater complex would add a new signifi- cant building element to the mall. The addition of the theater use is not considered adverse. Finding Finding 1- Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant envi- ronmental effect as identified in the Final EIR. Facts in Suvvort of Findin The significant effect has been substantially lessened to a level of insig- nificance by virtue of the existing City Policies and Requirements and Mitigation Measures identified in the Final EIR and incorporated into the project. These measures include the following: 1. Mitigation measures have been incorporated into the Planned Commu- nity District (P -C) Regulations and Development Plan. Development . standards of the Fashion Island P -C Text establish theaters as a permitted use in Fashion Island. The P -C Text permits the pro- posed theater use to be constructed within the Mall Area of Fash- ion Island. Theater use will be ]limited to no more than 1,700 theater seats. The building height for the theater, which is def- ined as a Major Building in the P­C Text, will have a maximum building height of 125 feet. Parking for the theater will be pro- vided at a ratio of one parking space for each three seats. 4 2. The development'' shall be in substantial conformance with the approved plot plan, floor plans, elevations, and sections. Significant Effect r Construction of the parking structure will. create a new visual element • within the boundaries of Fashion Island. This change is not considered adverse. Findin¢ Finding 1- Changes or alterations have been required in, or incorporated into, the project which'avoid or substantially lessen the significant envi- ronmental effect as identified in the Final EIR. Facts in SUDDort of Findin The significant effect Has been substantially lessened to a level of insig- nificance by virtue o the existing City Policies and Requirements and Mitigation Measures identified in the Final EIR and incorporated into the project. These measures include the following: 1. Mitigation measures have been incorporated into the Planned Commu- nity District (P -C) Regulations and Development Plan. The Devel- opment Regulations of the P -C Text establish that offstreet park- ing for Fashion Island will be provided onsite. Parking will be provided within the area defined by Newport Center Drive. The proposed parking structure can be a maximum of 55 feet in height and is subject to the review and approval of the City Traffic Engineer and the Public Works Department. 2. The development shall be in substantial conformance with the approved plot plan, floor plans, elevations, and sections. Significant Effect In some areas of the project site, the introduction of lighting sufficient to provide for safety may introduce light and glare in areas that are par- tially lit. The introduction of new Might is not considered an adverse impact. Finding i Finding 1- Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant errvi- ronmental effect as identified in the Final EIR. Facts in Support of Finding The significant effect has been substantially lessened to a level of insig- nificance by virtue of the existing City Policies and Requirements and Mitigation Measures identified in the Final EIR and incorporated into the project. These measures include the following: 1. Mitigation measures have been incorporated into the Planned Commu- nity District (P -C) Regulations and Development Plan. The Devel- opment Regulations of the P -C Text establishes that "Parking lot lighting shall be developed in accordance with City Standards and . shall be designed in a manner which minimizes impacts on adjacent land uses. Nighttime lighting shall be limited to that necessary for security and shielded from any adjacent residential area. The plans shall be prepared and signed by a licensed electrical engi- neer; with a letter from the engineer stating that this require- ment has been met. The lighting plan shall be subject to review and approval by the City Planning; Department." m 5 2. The project shall be designed to eliminate light and glare spil- lage onto adjacent properties. TRANSPORTATION AND CIRCULATION VEHICULAR • Significant Effect The addition of project- generated traffic will have no effect on the AM peak hour capacity and will increase the PM peak hour capacity utilization at Santa Barbara /Jamboree. Additional capacity is required at the inter- section of Jamboree Road and Santa Barbara Drive to mitigate a PM peak hour condition at this intersection which is currently over capacity and is made worse by project- generated traffic. Finding Finding 1- Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant envi- ronmental effect as identified in the Final EIR. Facts in Support of Finding The significant effect has been substantially lessened to a level of insig- nificance by virtue of the existing City Policies and Requirements and Mitigation Measures identified in the Final EIR and incorporated into the project. These measures include the following: 1. The project applicant shall add a southbound thru -lane to the intersection of Jamboree Road and Santa Barbara Drive and make road improvements to Jamboree Road prior to issuance of occupancy permits. 2. Dedication of all land necessary to complete Jamboree Road to full Master Plan configuration. The Irvine Company shall also contrib- ute 508 of the cost of completing improvements (including curb, gutter, and sidewalks) on Jamboree Road between the required intersection improvement at Santa Barbara Drive and the Newporter Resort. This improvement shall be completed prior to the issuance of the occupancy permit for the commercial development enabled by this General Plan Amendment. Significant Effect Implementation of road improvements on Jamboree Road may adversely impact CA- ORA -64. The potential destruction of a portion of the archaeological site is considered a significant impact. Finding Finding 1- Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant envi- ronmental effect as identified in the Final EIR. Facts in SnDDort of Findin The significant effect has been substantially lessened to a level of insig- nificance by virtue of the existing City Policies and Requirements and Mitigation Measures identified in the Final EIR and incorporated into the project. These measures include the following: 1. Prior to the issuance of the first building and /or grading permit for the proposed project, a qualified archaeologist shall deter- mine whether Mitigation Measure 1, dealing with road improve- ments, will impact archaeological resources. Prior to occupancy, 6 all archaeological efforts required to mitigate potential impacts to archaeological resources resulting from intersection improve- ment shall be accomplished. 2. A qualified archaeologist shall be present during pregrade meet- ings to inform the developer and grading contractor of the results • of the study. In addition, an archaeologist shall be present dur- ing grading activities to inspect the underlying soil for cultural resources. If significant cultural resources are uncovered, the archaeologist shall. have authority to stop or temporarily divert construction activities for a period of 48 hours to asses the sig- nificance of the find. 3. In the event that significant archaeological remains are uncov- ered during excavation and /or grading, all work shall stop in that area of subject property until an appropriate data recovery pro- gram shall be the responsibility of the landowner and /or devel- oper. 4. Prior to issuance of any grading or demolition permits, the appli- cant shall waive the provisions of AB 952 related to City of New- port Beach responsibilities for the mitigation of archaeological impacts in a manner acceptable to the City Attorney. PARKING Significant Effect Fashion Island will provide for existing and proposed development except for approximately 11 days during the peak November /December retail season. Finding Finding 1- Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. Facts in Support of Finding The significant effect has been substantially lessened to a level of insig- nificance by virtue of the existing City Policies and Requirements and Mitigation Measures identified in the Final EIR and incorporated into the project. These measures include the following: 1. The project applicant shall provide Fashion Island employees, shuttles to peripheral lots in Newport Center in peak periods. 2. All City requirements regarding parking shall be adhered to throughout all phases of the proposed project. PEDESTRIAN Significant Effect The proposed project will generate additional pedestrian activity within Fashion Island. The new uses are also designed to increase pedestrian activity within Newport Center. Potential impacts could occur with the lack of adequate and safe pedestrian access. Finding Finding 1- Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. Facts in Support of Finding The significant effect has been substantially lessened to a level of insig- nificance by virtue of the existing City Policies and Requirements and Mitigation Measures identified in the Final EIR and incorporated into the project. These measures include the following: • 1. The Public Works Department shall evaluate existing and proposed pedestrian circulation patterns to assure that internal and exter- nal pedestrian circulation adequately meets the needs of the approved project. BIKEWAYS Significant Effect The proposed project contributes to a need for bikeways from Newport Center Drive into Fashion Island and additional bicycle facilities. These facili- ties include bike routes, bike walking routes, bike locker rack locations, and street access points. Finding Finding 1- Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as 'identified in the Final EIR. Facts in Support of Finding The significant effect has been substantially lessened to a level of insig- nificance by virtue of the existing City Policies and Requirements and Mitigation Measures identified in the Final EIR and incorporated into the project. These measures include the following: 1. The City shall endeavor to provide a full range of year -round rec- reational facilities and instructional programs to adequately meet the current and future needs of each resident. The varied pro- grams and facilities shall include water sports and activities, beach and harbor facilities, active park facilities, passive open areas and view parks, senior citizen facilities, and bicycle trails, pedestrian trails, and scenic highways. 2. The City shall insure implementation of a bikeway system to encourage cycling as an alternative mode of transportation consis- tent with the Master Plan of Bikeways. 3. The Master Plan of Bikeways shall be implemented concurrent with highway and street improvements, consistent with the City's finan- .cial ability to do so, and the availability of alternative funding sources. 4. Appropriate bikeway improvements may be required as a condition of development approvals. 5. The City will work with surrounding agencies for development of connecting bikeways. 6. The project proponent has provided dual use pedestrian/bikeways at . San Nicholas Drive and Center Drive and shall maintain these dual use facilities. The project proponent shall also fund and be responsible for construction and maintenance of bikeways leading into Fashion Island and commencing at the Newport Center Drive ring road: Santa Barbara Drive and one at either Newport Center Drive or San Miguel Drive. The bikeways are subject to the n approval of the City Traffic Engineer and shall be completed prior to the issuance of Occupancy Permits for the commercial develop- ment enabled by this General Plan Amendment. 7. The City of Newport Beach and The Irvine Company shall reach an agreement of appropriate bicycle facilities for the Fashion Island • Planned Community. Bicycle facilities shall include, but are not limited to, bike routes, bike walking routes, and bike locker racks. An agreement for the funding and location of these facili- ties shall be reached prior to the issuance of building permits. Implementation of bicycle facilities shall be completed prior to the issuance of Occupancy Permits. NOISE Significant Effect Construction noise represents a short -term impact on ambient noise levels. Construction noise can be significant if routed through residential areas. Finding Finding 1- Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. Facts in Support of Finding The significant effect has been substantially lessened to a level of insig- nificance by virtue of the existing City Policies and Requirements and Mitigation Measures identified in the Final EIR and incorporated into the project. These measures include the following: 1. Construction traffic shall not be routed on San Miguel Drive or San Joaquin Hills Road east of MacArthur Boulevard. 2. All construction activities shall be limited to the hours of 7 a.m. to 6:30 p.m. Monday through. Friday, 8:00 a.m. to 6:00 p.m. on Saturday, and 10:00 a.m. to 6:00 p.m. on Sunday and holidays, except as may be deemed appropriate by the Building Official for public safety purpose's. AIR QUALITY Significant Effect An open sided parking structure will be constructed as part of the proposed project. Finding Finding 1- Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. Facts in Support of Finding The significant effect has been substantially lessened to a level of insig- nificance by virtue of the existing City Policies and Requirements and Mitigation Measures identified in the Final EIR and incorporated into the project. These measures include the following: 1. The parking structure shall be designed and constructed in accor- dance with the Uniform Building Code. E SIGNIFICANT ENVIRONMENTAL EFFECTS WHICH CANNOT BE AVOIDED IF THE PROJECT IS TRANSPORTATION AND CIRCULATION VEHICULAR • Significant Effect The project will contribute to significant cumulative traffic impacts. This is considered a significant unavoidable adverse impact. Finding Finding 1- Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant envi- ronmental effect as identified in the Final EIR. Facts in Support of Finding The significant effect has been substantially lessened to the extent feas- ible by virtue of the following Condition of Approval identified in the Final EIR and incorporated into the project. 1. The project proponent shall pay "Fair Share" fees as required by the Newport Beach Municipal Code. 2. The project proponent shall pay San Joaquin Hills Transportation Corridor Fees as required by the Newport Beach Municipal Code. 3. Dedication of all land necessary to complete the Coast Highway widening project between Jamboree Road and Bayside Drive. This dedication shall include a reservation of land needed for the potential future grade separated intersection at Coast Highway and Jamboree Road. This reservation shall remain in effect for a period of twenty -five years. The project proponent is required by the City of Newport Beach Fair Share Traffic Contribution Ordinance #8416 (Chapter 15.38- Municipal Code) to pro- vide a monetary contribution to the City for use in the construction of circulation system improvement which will increase roadway capacity within the City of Newport Beach. The purpose of the Ordinance is to construct improvements so that traffic generated by development and redevelopment within the City will not result in unacceptable congestion of the circula- tion system. Regarding regional roadways, the project proponent is required to partici- pate in the City's adopted San Joaquin Hills Transportation Corridor Fee Program. The Program is consistent with the Orange County San Joaquin Hills Transportation corridor Fee Program, established to fund construction of the Transportation Corridor to improve regional roadway capacities and traffic congestion. The residual unavoidable significant effect is acceptable when balanced against facts set forth in the Statement of Overriding Considerations and in view of the following fact: The impact identified is considered signif- icant only on a cumulative basis, resulting from the proposed project in association with other past, present, and reasonably foreseeable future . projects. In accordance with State law, greater weight has been given to the residual unavoidable significant effect than to the overriding considerations. 10 BOISE Significant Effect The project contributes to noise on the local community. Finding Finding 1- Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant envi- ronmental effect as identified in the Final EIR. Facts in Support of Finding The significant effect has been substantially lessened to the extent feas- ible by virtue of the following Condition of Approval identified in the Final EIR and incorporated into the project. 1. Any mechanical 'equipment and emergency power generators shall be screened from view and noise associated with said installation shall be sound attenuated to acceptable levels in receptor areas. The latter shall be based upon the recommendations of a licensed engineer practicing in acoustic and be approved by the Planning Department. 2. All construction activities shall be limited to the hours of 7:00 a.m. to 6:30 p.m. Monday through Friday, 8:00 a.m. to 6:00 p.m. on Saturday, and 10 :00 to 6:00 p.m. on Sunday and holidays, except as may be deemed appropriate by the Building Official for public safety purposes. The project proponent is required to implement mitigation measures related to noise impacts in order to reduce effects on the local community. The residual unavoidable significant effect is acceptable when balanced against facts set forth in the Statement of Overriding Considerations and in view of the following facts: The impact identified is considered significant only on a cumulative basis, resulting from the proposed project in associa- tion with other past, present, and reasonably foreseeable future projects, and the project is not located adjacent to any existing residential uses. In accordance with State law, greater weight has been given to the residual unavoidable significant effect than to the overriding considerations. AIR QUALITY Significant Effect Air pollutants will be emitted by construction equipment and dust will be generated during grading and site preparation. Heavy -duty equipment emis- sions are considered a short -term unavoidable adverse impact. Finding Finding 1- Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant envi- ronmental effect as identified in the Final EIR. . Facts in SupRort of Finding The significant effect has been substantially lessened to the extent feas- ible by virtue of the following Condition of Approval identified in the Final EIR and incorporated into the project. 11 1. Grading activities shall comply with South Coast Air Quality Man- agement District Rule 403 which :requires watering for the control of dust. 2. Fugitive dust emissions during construction shall be minimized by watering the site for dust control, isolating excavated soil • onsite until it is hauled away, and periodically washing adjacent streets to remove accumulated materials. 3. Major grading shall occur when soil moisture is high. 4. Adequate dust suppressants shall be used. The project proponent shall be required to implement mitigation measures to reduce the potential short -term air quality impacts of the proposed pro- ject. These impacts cannot be mitigated to a level of insignificance. The residual unavoidable significant effect is acceptable when balanced against facts set forth in the Statement of Overriding Considerations and in view of the following fact: The impact identified is considered signif- icant only on a cumulative basis, resulting from the proposed project in association with other past, present, and reasonably foreseeable future projects. In accordance with State law, greater weight has been given to the residual unavoidable significant effect than to the overriding considerations. Significant Effect The main source of emission generated by the project will be from motor vehicles. Other emissions will be generated from the combustion of natural gas for space heating and the generation of electricity. Emissions will also be generated by the use of natural gas and oil for the generation of electricity offsite. Finding Finding 1- Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant envi- ronmental effect as identified in the Final EIR. Facts in Sunvort of Finding The significant effect has been substantially lessened to the extent feas- ible by virtue of the following Condition of Approval identified in the Final EIR and incorporated into the project. 1. Mass transit accommodations shall be provided. These include, but are not limited to, bus turnout lanes, park- and -ride areas, and bus shelters. 2. The use of alternative transportation modes shall be encouraged by promoting public transportation use and providing secure bicycle facilities. The project proponent shall be required to implement mitigation measures to reduce the potential long -term air quality impacts of the proposed project. These impacts cannot be mitigated to a level of insignificance. The resid- ual unavoidable significant effect is acceptable when balanced against . facts set forth in the Statement of Overriding Considerations and in view of the following fact: The impact identified is considered significant only on a cumulative basis, resulting from the proposed project in associa- tion with other past, present, and reasonably foreseeable future projects. In accordance with State law, greater weight has been given to the residual unavoidable significant effect than to the overriding considerations. 12 PROJECT ALTERNATIVES The Draft EIR evaluated alternatives for the proposed Fashion Island Expan- sion project. The approved project represents a plan applied for by the project proponent and initiated by the City of Newport Beach. The project has been refined during the course of the public review through a series of • actions including but not limited to those listed below. 1. The City staff analysis of the project. 2. Refinement of the land uses based upon meetings between the applicant and members of the community. 3. The responses to the Notice of Preparation. 4. The responses to the Nonstatutory Advisement. 5. The responses to the comments on the Draft EIR. FINDINGS 1. The above described plan has been prepared and analyzed in a manner so as to provided for the greatest public involvement in the planning and CEQA process. 2. The planning process has developed a land use plan that is in confor- mance with the plan under which the Notice of Preparation and Nonstatu- tory Advisement were issued and the Draft EIR as prepared. 3. The Mitigation Measures and Standard City Policies and Requirements have been made a part of the land use 'plan. 4. The following provides a brief description of the project alternatives. 5. The alternatives were rejected in favor of the current project proposal. 6. The rationale for rejection of each alternative is provided below. No Proiect Alternative i The No Project Alternative assumes development of the project site under the existing City of Newport beach General Plan designation. Findings Specific economic, social, or other considerations make infeasible the pro- ject's No Project Alternative identified in the Final EIR and described above in that: 1. Additional retail and restaurant development would not be permitted under the existing General Plan. 2. The No Project Alternative would not provide for the expansion of retail and restaurant uses. . 3. The No Project Alternative would not provide additional annual revenues to the City of Newport Beach. 4. The No Project Alternative would not provide roadway improvements to the community. 5. The No Project Alternative would not: meet the planning and design objectives of the project proponent. 13 6. The proposed project represents the best mix of use for the site, bet- ter than the No Project Alternative, all factors considered. 7. Significant effects of the preferred project are acceptable when bal- anced against facts set forth in the Statement of Overriding Consider- ations and stated above, and are more acceptable than those anticipated • from the No Project Alternative. No Development Alternative The No Development Alternative would retain the site is its existing condi- tion. Findings Specific economic, social, or other considerations make infeasible the No Development Alternative identified in the Final EIR and described above in that: 1. By not allowing the development of the project, development demands would still exist. These demands would create impacts similar to those described in the Final EIR. 2. The No Development Alternative would not provide for the expansion of retail and restaurant development in Fashion Island. 3. The No Development Alternative would not provide additional annual revenues to the City of Newport Beach. 4. The No Development Alternative would not provide roadway improvements to the community. 5. The No Development Alternative would not meet the planning and design objectives of the project proponent. 6. The proposed project represents the best mix of use for the site, bet- ter than the No Development Alternative, all factors considered. 7. Significant effects of the preferred project are acceptable when bal- anced against facts set forth in the Statement of Overriding Consider- ations and stated above, and are more acceptable than those anticipated from the No Development Alternative. No Development: Development At Another Location Alternative The following sites have been identified as alternative sites to Fashion Island for the development of retail, restaurant, and /or theater uses: Corporate Plaza West Corporate Plaza Newport Village Avocado/MacArthur Block 800 PCH /Jamboree PCH Frontage Big Canyon/MacArthur Newporter North . Bayview Landing 14 Findings Specific economic, social, or other considerations make infeasible the No Development: DevelopmenQ at Another Location Alternative identified in the Final EIR and described above in that: is 1. The cumulative impacts described in the Final EIR would remain the same or be greater for the project if it were to be developed elsewhere in Newport Center or in the periphery to Newport Center. 2. The project- specific impacts described in the Final EIR would remain the same or be greater for the project if it were to be developed else- where in Newport Center or in the periphery to Newport Center. 3. The Development at Another Location Alternative would not provide for the expansion of retail and restaurant development in Fashion Island. 4. The Alternative would not meet the planning and design objectives of the project proponent. 5. The Alternative may not provide for all the proposed uses which are included in the proposed project. 6. Fashion Island is a superior location for the proposed planned land uses. 7. The traffic impacts of the project would remain the same or be greater if the project were to be developed on an alternative site in Newport Center or on the periphery of Newport Center. 8. The alternative developments sites are not considered environmentally superior development sites to Fashion Island. 6. Significant effects of the preferred project are acceptable when bal- anced against facts set forth in the Statement of Overriding Consider- ations and stated above, and are more acceptable than those anticipated from the Development at Another Location Alternative. ncreased Theater Alternative Findings Specific economic, social, or other considerations make infeasible the Increased Theater Alternative reviewed in the Final EIR and described above in that: 1. The Increased Theater Alternative would require additional parking facilities. 2. The Alternative would have greater land use, transportation, noise, air quality, and aesthetic impacts than the project. 3. The Alternative would not provide for the expansion of retail and res- taurant uses. 4. The Increased Theater Alternative would not meet the planning and design objectives of the project proponent. 5. The proposed project represents the best mix of use for the site, bet- ter than the Alternative, all factors considered. 7. Significant effects of the preferred project are acceptable when bal- anced against facts set forth in the Statement of Overriding Consider- ations and stated above, and are more acceptable than those anticipated from the Increased Theater Alternative. 15 Decreased Theater Alternative Findings Specific economic, social, or other considerations make infeasible the Decreased Theater Alternative reviewed in the Final EIR and described above in that: 1. The 1,700 theater seats are approved for Block 300 and Civic Plaza. Should less theater seats be constructed in Fashion Island, the remain- ing theater seats could still be constructed in their existing approved locations. The traffic report indicated that the project would have slightly less traffic distribution impacts than at the existing theater locations. 2. The Decreased Theater Alternative would have greater transportation impacts than the project. Increased Parking Alternative Findings Specific economic, social, or other considerations make infeasible the Increased Parking Alternative reviewed in the Final EIR and described above in that: 1. The Increased Parking Alternative would have greater land use and aes- thetic impacts than the project. 2. Significant effects of the preferred project are acceptable when bal- anced against facts set forth in the Statement of Overriding Consider- ations and stated above. Decreased Parking Alternative Findings Specific economic, social, or other considerations make infeasible the Decreased Parking Alternative reviewed in the Final EIR and described above in that: 1. The Decreased Parking Alternative would not provide sufficient parking for Fashion Island. 2. The Decreased Parking Alternative would have greater transportation and air quality impacts than the project. 3. Significant effects of the preferred project are acceptable when bal- anced against facts set forth in the Statement of Overriding Consider- ations and stated above. Increased Commercial Development Alternativ_g Findings . Specific economic, social, or other considerations make infeasible the Increased Commercial Alternative reviewed in the Final EIR and described above in that: 1. The Increased Commercial Development Alternative would have greater land use, aesthetic, transportation, noise, and air quality impacts than the project. 16 2. Significant effects of the preferred project are acceptable when bal- anced against facts set forth in the Statement of Overriding Consider- ations and stated above. Decreased Commercial Development Alternativ3 Findings Specific economic, social, or other considerations make infeasible the Decreased Commercial Alternative reviewed in the Final EIR and described above in that: 1. Less retail and restaurant development would be permitted than the pro- ject. 2. The Decreased Commercial Development Alternative would provide for less expansion of retail and restaurant uses. 3. The Decreased Commercial Development Alternative would provide less additional annual revenues to the City of Newport Beach. 4. The Decreased Commercial Development Alternative would provide fewer roadway improvements to the community. 5. The Decreased Commercial Development Alternative would not meet the planning and design objectives of the project proponent. 6. The proposed project represents the best mix of use for the site, bet- ter than the Decreased Commercial Development Alternative, all factors considered. 7. Significant effects of the preferred project are acceptable when bal- anced against facts set forth in the Statement of Overriding Consider- ations and stated above. Office Alternative Findings Specific economic, social, or other considerations make infeasible the Office Alternative reviewed in the Final EIR and described above in that: 1. The Office Alternative would have greater land use, aesthetic, and transportation impacts than the project. 2. Additional retail and restaurant development would not be permitted. 3. The Office Alternative would not meet the planning and design objec- tives of the project proponent. 4. By not allowing the retail and restaurant development of the project, development demands for these uses would still exist. These demands would create impacts similar to those described in the Final EIR. 5. The project represents the best mix of use for the site, better than the Office Alternative, all factors considered. • 6. Significant effects of the preferred ;project are acceptable when bal- anced against facts set forth in the Statement of Overriding Consider- ations and stated above, and are more acceptable than those anticipated from the Office Alternative. 17 Hotel Alternative Findings Specific economic, social, or other considerations make infeasible the Hotel Alternative reviewed in the Final EIR and described above in that: 1. The Hotel Alternative would have greater land use and aesthetic impacts than the project. 2. Additional retail and restaurant development would not be permitted. 3. The Hotel Alternative would not meet the planning and design objectives of the project proponent. 4. By not allowing the retail and restaurant development of the project, development demands for these uses would still exist. These demands would create impacts similar to those described in the Final EIR. 5. The project represents the best mix of use for the site, better than the Hotel Alternative, all factors considered. 6. Significant effects of the preferred project are acceptable when bal- anced against facts set forth in the Statement of Overriding Consider- ations and stated above, and are more acceptable than those anticipated from the Hotel Alternative. Residential Alternative Findings Specific economic, social, or other considerations make infeasible the Res- idential Alternative reviewed in the Final EIR and described above in that: 1. The Residential Alternative would have greater aesthetic and transpor- tation impacts than the project. 2. Additional retail and restaurant development would not be permitted. 3. The Residential Alternative would not meet the planning and design objectives of the project proponent. 4. By not allowing the retail and restaurant development of the project, development demands for these uses would still exist. These demands would create impacts similar to those described in the Final EIR. 5. The project represents the best mix of use for the site, better than the Residential Alternative, all factors considered. 6. Significant effects of the preferred project are acceptable when bal- anced against facts set forth in the Statement of Overriding Consider- ations and stated above, and are more acceptable than those anticipated from the Residential Alternative. Institutional Alternative Findings Specific economic, social, or other considerations make infeasible the Institutional Alternative reviewed in the Final EIR and described above in that: 18 1. By not allowing the retail and restaurant development of the project, development demands for these uses would still exist. These demands would create impacts similar to those described in the Final EIR. 2. The Institutional Alternative would not provide for the expansion of retail and restaurant development in Fashion Island. 3. The Institutional Alternative would provide less additional annual revenues to the City of Newport Beach. 4. The Institutional Alternative would not meet the planning and design objectives of the project proponent. 6. The proposed project represents the best mix of use for the site, bet- ter than the Institutional Alternative, all factors considered. 7. Significant effects of the preferred project are acceptable when bal- anced against facts set forth in the Statement of overriding Consider- ations and stated above, and are more acceptable than those anticipated from the Institutional Alternative. • MR SUMMARY OF EXISTING CITY POLICIES AND REOUIREMENTS As. The development of the site shall be subject to the requirements of the General Plan and zoning. The following discretionary approvals are required: 1. General Plan Amendment 2. Traffic Phasing Ordinance 3. Fashion Island Planned Community District Regulations and Development Plan 4. Grading Permit 5. Use Permits 6. General Plan Consistency Determination 7. Civic Plaza Planned Community District Regulations Amendment Ab. A landscape and irrigation plan for the project shall be prepared by a licensed landscape architect. The plan shall be subject to approval by the Planning Department, the Department of Parks, Beaches, and Rec- reation, and the Public Works Department. B. The landscape plan shall include a maintenance program which controls the use of fertilizers and pesticides. C. The landscape plan shall place emphasis on the use of drought - resistant vegetation and be irrigated via a system designed to avoid surface runoff and overwatering. D. The project shall be designed to eliminate light and glare spillage onto adjacent properties. E. The development shall be in substantial conformance with the approved plot plan, floor plans, elevations, end sections. F. The project proponent shall pay "Fair Share" fees as required by the Newport Beach Municipal Code. G. The project proponent shall pay San Joaquin Hills Transportation Cor- ridor Fees as required by the Newport Municipal Code. H. A qualified archaeologist shall be present during pregrade meetings to inform the developer and grading contractor 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 cultural resources are uncovered, the archaeologist shall have authority to stop or temporarily divert construction activities for a period of 48 hours to assess the significance of the find. I. In the event that significant archaeological remains are uncovered during excavation and /or grading, all work shall stop in that area of subject property until an appropriate data recovery program shall be the responsibility of the landowner and /or developer. J. 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. • K. All City requirements regarding parking shall be adhered to throughout all phases of the proposed project. L. The City shall endeavor to provide a full range of year -round recre- ational facilities and instructional. programs to adequately meet the current and future needs of each resident. The varied programs and facilities shall include water sports and activities, beach and harbor facilities, active park facilities, passive open areas and view parks, senior citizen facilities, and bicycle trails, pedestrian trails, and scenic highways. M. The City shall insure implementation of a bikeway system to encourage cycling as an alternative mode of transportation consistent with the Master Plan of Bikeways. ® N. The Master Plan of Bikeways shall be implemented concurrent with high- way and street improvements, consistent with the City's financial ability to do so, and the availability of alternative funding sources. 0. Appropriate bikeway improvements may be required as a condition of development approvals. P. The City will work with surrounding agencies for development of con- necting bikeways. Q. Any mechanical equipment and emergency power generators shall be screened from view and noise associated ,with said installation shall be sound attenuated to acceptable levels in receptor areas. The lat- ter shall be based upon the recommendations of a licensed engineer practicing in acoustics and be approved Planning Department. R. All construction activities shall be limited to the hours of 7:00 a.m. to 6:30 p.m. Monday through Friday, 8:00 a.m. to 6:00 p.m. on Satur- day, and 10:00 to 6:00 p.m. on Sunday and holidays, except as may be deemed appropriate by the Building Official for public safety pur- poses. • 3 SUMMARY OF MITIGATION MEASURES 1. The project applicant shall add a southbound thru -lane to the inter- section of Jamboree Road and Santa Barbara Drive and make road improvements to Jamboree Road prior to issuance of occupancy permits. 2. Prior to the issuance of the first building and /or grading permit for the proposed project, a qualified archaeologist shall determine whether mitigation measure 1, dealing with road improvements, will impact archaeological resources. Prior to occupancy, all archaeologi- cal efforts required to mitigate potential impacts to archaeological resources resulting from intersection improvement shall be accom- plished. 3. The project applicant shall provide Fashion Island employees shuttles to peripheral lots in Newport Center in peak periods. 4. The Public Works Department shall evaluate existing and proposed pedestrian circulation patterns to assure that internal and external pedestrian circulation adequately meets the needs of the approved pro- ject. 5. The project proponent has provided dual use pedestrian/bikeways at San Nicholas Drive and Center Drive and shall maintain these dual use facilities. The project proponent shall also fund and be responsible for construction and maintenance of bikeways leading into Fashion Island and commencing at the Newport Center Drive ring road: Santa Barbara Drive and one at either Newport Center Drive or San Miguel Drive. The bikeways are subject to the approval of the City Traffic Engineer and shall be completed prior to the issuance of Occupancy Permits for the commercial development enabled by this General Plan Amendmeht. 6. The City of Newport Beach and The Irvine Company shall reach an agree- ment of appropriate bicycle facilities for the Fashion Island Planned Community. Bicycle facilities shall include, but are not limited to, bike routes, bike walking routes, and. bike locker racks. An agreement for the funding and location of these facilities shall be reached prior to the issuance of building permits. Implementation of bicycle facilities shall be completed prior to the issuance of Occupancy Per- mits. 7. Construction traffic shall not be routed on San Miguel Drive or San Joaquin Hills Road east of MacArthur Boulevard. 8. Grading activities shall comply with South Coast Air Quality Manage- ment District Rule 403 which requires watering for the control of dust. 9. Fugitive dust emissions during construction shall be minimized by wat- ering the site for dust control, isolating excavated soil onsite until it is hauled away, and periodically washing adjacent streets to remove accumulated materials. 10. Major grading shall occur when soil moisture is high. 11. Adequate dust suppressants shall be used. • 12. The use of alternative transportation modes shall be encouraged by promoting public transportation use and providing secure bicycle facilities. 13. Mass transit accommodations shall be provided. These include, but are not limited to, bus turnout lanes, park- and -ride areas, and bus shel- ters. 4 14. The parking structure shall be designed and constructed in accordance with the Uniform Building Code. 15. The Fashion Island mall area theater complex shall not be converted to any other land use. Allowable retail. uses within the theater shall be limited to snack bar facilities and an arcade. The theater arcade shall be for the use of theater patrons only. 16. Prior to the issuance of any building or grading permits, the appli- cant shall execute and record an agreement, the form and content of which is acceptable to the Newport Beach City Attorney, acknowledging that the transfer of development approved rights from the Civic Plaza and Block 300 sites results in designated land with no development rights for those development rights which are transferred, and that this is acceptable to the property owner. The property owner shall, in the agreement, acknowledge they have no claim or right to compensa- tion if no additional development rights are granted for the property from which the development rights have been transferred. 17. Dedication of all land necessary to complete the Coast Highway widen- ing project between Jamboree Road and Bayside Drive. This dedication shall include a reservation of land needed for the potential future grade separated intersection at Coast Highway and Jamboree Road. This reservation shall remain in effect for a period of twenty -five years. 18. Dedication of all land necessary to complete Jamboree Road to full Master Plan configuration. The Irvine Company shall also contribute 508 of the cost of completing improvements (including curb, gutter and sidewalks) on Jamboree Road between the required intersection improve- ment at Santa Barbara Drive and The Newporter Resort. This improve- ment shall be completed prior to the issuance of the occupancy permit for the commercial development enabled by this General Plan Amendment. • Exhibit 2 1 STATEMENT OF OVERRIDING CONSIDERATIONS The California Environmental Quality Act requires a public agency to bal- ance the benefits of a proposed project against its unavoidable environmen- tal risks in determining whether to approve the project. The City of New- port Beach has determined that the unavoidable 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: 1. The proposed project is consistent and compatible with other exist- ing and proposed uses in the vicinity of the project and community in general. 2. The proposed project represents infill development located in an urban area where adequate facilities and services are available. 3. The project represents a reasonable and mix of uses for the pro- ject area. 4. Site is general planned for commercial and retail development and represents the' continuation of the City's commitment for these uses. 5. The intensity of the project is appropriate for the location. 6. The intensity of.. the project is similar to the existing develop- ment. 7. Project intensity is substantially lower than what is permitted under the existing zoning. 8. The project will establish planning, limits on intensity of land use for Civic Plaza and Block 300. 9. The overall planning of the project is comprehensive and interre- lated, not planned in a piecemeal fashion. 10. The majority of impacts associated, with this project are regional in nature, and the project's cumulative and incremental contribu- tion to those impacts is considered minimal and acceptable from a regional perspective. 11. The proposed project will contribute to a fair share of roadway improvements, specifically the City's Fair Share Traffic contribu- tion Ordinance No. 8416 and the San Joaquin Hills Transportation Corridor Fee Program. 12. The proposed project will contribute to improvements to roadways. 13. The project provides for alternative transportation opportunities through the implementation of bicycle facilities. These include bicycle routes,,bike walking routes, bike locker rack locations in Fashion Island and street access points. 14. Revenues generated by the proposed project will exceed costs asso- ciated with serving the proposed project resulting in a financial gain to the City. 15. The proposed project is needed to maintain quality in Fashion Island and maintain the shopping center's competitiveness with other regional shopping centers. This benefits the City fiscally and the residents of the City. The project will provide additional services to the local community which are both needed and benefi- cial. z 16. The project will reduce the loss of sales tax revenue to other com- munities by the provision of new commercial opportunities. 17. The project will make the City more competitive with adjacent jurisdictions. . 18. Retention of disposable income in the area of the project will aid in curbing sales "tax leakage to other communities. 19. The project provides leisure time activities in Fashion Island such as movies, restaurants, and other activity generators. These uses will help to achieve community desires of improving nighttime acti- vities in the Newport Center.