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HomeMy WebLinkAbout90-34 - Villa Point Phase II ProjectRESOLUTION NO. 90 -34 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH CERTIFYING AS COMPLETE AND ADEQUATE THE FINAL ENVIRONMENTAL IMPACT REPORT NO. 146 FOR THE VILLA POINT PHASE II PROJECT WHEREAS, the Draft Environmental Impact Report No. 146 provided environmental impact assessment for the proposed Villa Point Phase II Project; and WHEREAS, the DEIR was prepared in accordance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines and Council Policy K -3; and review; and WHEREAS, the DEIR was circulated to the public for comment and WHEREAS, written comments were received from the public during and after the review period; and WHEREAS, the Planning Commission of the City of Newport Beach conducted a public hearing to receive public testimony with respect to the DEIR; and WHEREAS, such comments and testimony were responded to through Response to Comments 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 15088 (b); and WHEREAS, the Planning Commission of the City of Newport Beach has reviewed all environmental documents comprising the EIR and has found that the EIR considers all environmental impacts of the proposed Villa Point Phase II Project completely and adequately and fully complies with all requirements of CEQA and the • 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 Villa Point Phase II Project; and WHEREAS, the City Council desires to approve the project; and WHEREAS, the City Council by this Resolution adopts the Statement 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 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. FINDING 3 - Specific economic, social or other considerations 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 occurrence of significant effects which 7 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. 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 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 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 and other considerations as set forth in the Statement of Facts and the Final EIR. • 7. The City Council finds that the unavoidable significant impact of the project, as identified in the Statement of Facts, that has not been reduced to a level of insignificance has been substantially reduced in impact by the imposition of Conditions on the approved project and the imposition of mitigation measures. In making its 3 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 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 Phase II 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. NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby certify the Final Environmental Impact Report No. 146 for the Villa Point Phase II Project 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 State CEQA Guidelines. Said Final Environmental Impact Report is comprised of the following elements: 1. Draft EIR and Technical Appendices 2. Responses to Comments 3. Planning Commission Staff Reports 1! 4. Planning Commission Minutes 5. Planning Commission Findings and Conditions for Recommended Approval 6. City Council Staff Reports 7. City Council Minutes 8. City Council Resolutions and Findings and Conditions for Approval 9. Comments and Responses received prior to final action and not contained in 1 through 8 above. • All of the above information has been and will be on file with the Planning Department, City of Newport Beach, City Hall, 3300 Newport Boulevard, Newport Beach, California 92659 -1768, (714) 644 -3225. ADOPTED THIS 23rd day of April 1990. W) My j ATTEST: PLT /WP50 ED \EIR146.RS1 5 Exhibit 1 CEQA STATEMENT OF FINDINGS AND FACTS TRAFFIC STUDY NO. 63, AMENDMENT NO. 705, TENTATIVE TRACT MAP NO. 14055 AND COASTAL RESIDENTIAL DEVELOPMENT PERMIT NO. 17 VILLA POINT PHASE II PROJECT ENVIRONMENTAL IMPACT REPORT NO. 146 •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 CERTIFICATION OF AN ENVIRONMEN- TAL IMPACT REPORT, APPROVAL OF A TRAFFIC STUDY, AN AMENDMENT, A TENTATIVE TRACT MAP AND A COASTAL RESIDENTIAL DEVELOPMENT PERMIT FOR THE VILLA POINT PHASE 11 PROJECT IN THE CITY OF NEWPORT BEACH, CALIFORNIA. BACKGROUND The California Environmental Quality Act (CEQA) and the State CEQA Guidelines (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 environmental effects of the project unless the public agency makes one or more written findings for each of those significant effects accompanied 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 significant 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 a request to permit the construction of a 90 unit apartment project on property located in the Multi - Family Residential area of Newport Center. The project includes the certification of an Environmental Impact Report and approval of a traffic study, an amendment to the Villa Point Planned Community District Regulations and Development Plan, a tentative tract map and a coastal residential development permit. Because the proposed actions constitute a project under the CEQA Guidelines, the City of Newport Beach has prepared an Environmental Impact Report (EIR). This EIR has identified certain significant effects which may occur as a result of the project 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 accordance with CEQA and the Guidelines, the findings set forth are herein made: • Ultimate development of the project will result in certain significant unavoidable adverse impacts to the environment, as indicated below and in the Final EIR. With respect to those impacts, the City Council of Newport Beach makes the findings as stated on the following pages. 2 FINDINGS AND FACTS IN SUPPORT OF FINDINGS FOR SIGNIFICANT ENVIRONMENTAL EFFECTS OF THE PROJECT EFFECTS DETERMINED TO BE INSIGNIFICANT BIOLOGICAL RESOURCES • Conversion of the vacant lot will require the removal of existing vegetation. However, this impact is considered insignificant in both a local and regional context. RECREATIONAL RESOURCES * Prior to the approval of this project, the property owner dedicated the ± 40 acre Mouth of Big Canyon site to the City of Newport Beach, and received five acres of park dedication credit. This site was identified at that time as eligible for the use of these credits. Additionally, the project will provide directly for certain recreational needs of the residents on -site. CULTURAL RESOURCES * Former Ora -65 was anticipated to be on site but was determined to have been destroyed by road construction. • 3 EFFECTS DETERMINED TO BE MITIGABLE TO LEVEL OF INSIGNIFICANCE GEOLOGY /SOILS Significant Effect • The proposed residential units will be subject to ground shaking in the event of an earthquake. 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 insignificance by virtue of the Standard City Policies and Requirements and Mitigation Measures identified in the Final EIR and incorporated into the project. These measures include the following: 1. All buildings will conform to the Uniform Building Code and Seismic Design Standards. Significant Effect ' Development of the project will require grading of the site. 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 insignificance by virtue of the Standard City Policies and Requirements and Mitigation Measures identified in the Final EIR and incorporated into the project. These measures include the following: 1. Development of the site shall be subject to a grading permit to be approved by the Building and Planning Departments. 2. That 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 the completion of a comprehensive soil and geologic investigation of the site. Permanent reproducible copies of the "Approved as Built" grading plans on standard size sheets shall be furnished to the Building Department. 3. The grading permit shall include a description of haul routes, access points to the site, watering, and sweeping program designed to minimize the impact of haul • operations. 4. An erosion, siltation and dust control plan, if required, shall be submitted and be subject to the approval of the Building Department and a copy shall be forwarded to the California Regional Water Quality Control Board, Santa Ana Region. Erosion control measures shall be done on any exposed slopes within 30 days after grading or as required by the City Grading Engineer. 5. Prior to approval of the final grading plan, recommendations of the geotechnical report shall be incorporated into the final design and engineering of the project. El WATER RESOURCES Significant Effect * Construction of the project will result in an incremental increase in the amount of storm runoff from the site. • indin 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 SUDDort of Findin The significant effect has been substantially lessened to a level of insignificance by virtue of the Standard City Policies and Requirements and Mitigation Measures identified in the Final EIR and incorporated into the project. These measures include the following: 1. The Irvine Company has provided approximately 1,100 linear feet of an off -site storm drain, from Jamboree Road down Back Bay Drive to an existing storm drain inlet structure at the back bay. This storm drain was constructed as mitigation for Villa Point Phase I and will be adequate for the additional runoff from Phase II. 2. A storm drain was 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 off - site storm drains. This storm drain was constructed as mitigation for Villa Point Phase I. Significant Effect * Surface runoff from the site may contain urban pollutants affecting the water quality of Newport Bay. 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 insignificance by virtue of the Standard City Policies and Requirements and Mitigation Measures identified in the Final EIR and incorporated into the project. These measures include the following: 1. An erosion, siltation and dust control plan, if required, shall be submitted and be subject to the approval of the Building Department and a copy shall be forwarded to the California Regional Water Quality Control Board, Santa Ana Region. Erosion control measures shall be done on any exposed slopes within 30 days after grading or as required by the City Grading Engineer. • 2. The velocity of concentrated runoff from the project site shall be evaluated and erosive velocities controlled as a part of project design. 3. Prior to the 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 such 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 Building Department. 4. The development shall provide for vacuum sweeping of parking areas. 5 5. Landscaped areas shall be irrigated with a system designed to avoid surface run- off and over - watering. CULTURAL RESOURCES Significant Effect • The project site has a high potential for paleontological resources as indicated in the Phase I EIR. 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 Sunnort of Finding The significant effect has been substantially lessened to a level of insignificance by virtue of the Standard City Policies and Requirements and Mitigation Measures identified in the Final EIR and incorporated into the project. These measures include the following: 1. A paleontological monitor shall be retained by the landowner and /or developer to attend pregrade meetings and perform 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. 2. Should fossils be discovered during grading operations, the landowner shall donate the fossils collected to a non - profit institution. LAND USE /AESTHETICS Significant Effect The project is consistent with City land use plans. Development of the project will change the character of the site from predominantly vacant to urban. 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 insignificance by virtue of the Standard City Policies and Requirements and Mitigation Measures identified in the Final EIR and incorporated into the project. These measures include the following: 1. A landscape plan, prepared by a licensed landscape architect, shall be submitted which includes a maintenance program that controls the use of fertilizers and pesticides. The plan shall be reviewed by the Parks, Beaches and Recreation • Department and approved by the Planning and Public Works Departments. Prior to the issuance of an occupancy permit, a licensed landscape architect shall certify to the Planning Department that the landscaping has been installed in accordance with the approved plan. 2. Landscaped areas shall be irrigated with a system designed to avoid surface run- off and over - watering. 3. The landscape plan for the corner of East Coast Highway and Jamboree Road shall be reviewed by the Planning Commission prior to issuance of the building Z permit. One of the issues to be addressed is the grade elevations at the intersection. 4. Development shall be in substantial conformance with the approved site plan, floor plans and elevations. • 5. The project shall be designed so as to eliminate light and glare spillage onto adjacent properties. 6. All mechanical equipment and trash areas shall be screened from public streets, alleys and adjoining properties. 7. Signage and exterior lighting shall be approved by the Planning and Public Works Departments. 8. Street signs, tables, benches, planters, and other similar features on -site or adjacent to the project site shall be designed with a common theme compatible with the overall architectural style of the project. The design shall be approved by the Planning, Public Works, and Parks, Beaches and Recreation Departments prior to the issuance of an occupancy permit. TRAFFIC AND CIRCULATION Significant Effect The project will generate 630 average daily trips and 55 p.m. peak hour trips. 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 insignificance by virtue of the Standard City Policies and Requirements and Mitigation Measures identified in the Final EIR and incorporated into the project. These measures include the following: 1. Pursuant to Chapter 15.45 of the Newport Beach Municipal Code (Fair Share Traffic Contribution Ordinance), the applicant shall contribute funds towards traffic and circulation improvements. 2. The project shall provide for the reservation of right -of -way for the potential future grade separation of East Coast Highway and Jamboree Road as called out in the City's General Plan. NOISE Significant Effect ° The project will be exposed to noise levels from Coast Highway in excess of • standards. 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 insignificance by virtue of the Standard City Policies and Requirements and Mitigation Measures identified in the Final EIR and incorporated into the project. These measures include the following: • 1. All exterior living areas (e.g. balconies and patios) which lie within the 65 CNEL contour shall be constructed with 6 -foot high noise barriers. The noise barrier shall be continuous (no opening or gaps) and have a minimum density of 3.5 pounds per square foot. The walls may be stud walls with cement plaster exterior, 1.4 inch plate glass, 5.8 inch plexiglass, any masonry material, or any combination of these materials. Wood and other materials may be used if specifically designed as noise barriers. 2. All units exposed to exterior noise levels higher than 65 CNEL shall be constructed so as to achieve interior noise levels no greater than 45 CNEL. Prior to issuance of a building permit, a qualified acoustical engineer shall review final architectural plans to determine what building upgrades will be necessary to achieve this standard. The City Engineer shall require that such upgrades be incorporated into the plans prior to issuance of the Building permit. Most likely the only building upgrade that will be required is higher rated windows such as 3.16 inch single pane glass for all windows that are exposed to Newport Boulevard. 3. Prior to issuance of an occupancy permit, the City Engineer shall require that an acoustical analysis be conducted by a qualified acoustical engineer (at the developer's expense). This analysis shall determine if all noise mitigation has been installed as required and that noise levels will meet City standards. The noise measurements shall be taken at that point in the worst case unit where the highest noise levels are expected. If different noise attenuation methods are used for different units, then a worst case unit for each method shall be tested. Significant Effect Construction activity will generate short -term impacts and intermittent high noise levels. 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 insignificance by virtue of the Standard City Policies and Requirements and Mitigation Measures identified in the Final EIR and incorporated into the project. These measures include the following: 1. Construction activities will be conducted in accordance with Section 10.28.040 of • the Newport Beach Municipal Code, which limits noisy construction activities. M SIGNIFICANT EFFECTS WHICH CANNOT BE AVOIDED IF THE PROJECT IS IMPLEMENTED The following effects are those determined by the City of Newport Beach to be significant environmental effects which cannot be avoided if the project is implemented. All significant environmental effects that can be feasibly avoided have been eliminated • or substantially lessened by virtue of mitigation measures identified in the Final EIR and incorporated into the project as set forth above. The remaining, unavoidable significant effects are acceptable when balanced against the facts set forth in the Statement of Overriding Considerations made below, giving greater weight to the remaining, unavoidable environmental effect. TRAFFIC/NOISE /AIR QUALITY Significant Effect * The project will incrementally result in increased traffic, air pollutant emissions, and noise levels in the immediate vicinity. In concert with other past, present and reasonably foreseeable future projects, the proposed project is expected to incrementally contribute to a significant cumulative adverse impact on traffic, air pollution, and noise levels in the vicinity of the project. Findings 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. 3. Specific economic, social, or other considerations make infeasible the project alternatives identified in the Final EIR (Section 15091 of the Guidelines). Facts in Support of Findings The significant effect has been substantially lessened by virtue of the Standard City Policies and Requirements and Mitigation Measures identified in the Final EIR and incorporated into the project. These measures include the following: 1. Pursuant to Chapter 15.45 of the Newport Beach Municipal Code (Fair Share Traffic Contribution Ordinance), the applicant shall contribute funds towards traffic and circulation improvements. 2. The project shall provide for the reservation of right -of -way for the potential future grade separation of East Coast Highway and Jamboree Road as called out in the City's General Plan. 3. Any mechanical equipment and emergency power generator shall be screened from view, and noise associated with said facilities shall be sound attenuated so as not to exceed 55 dBA at the property lines. The latter shall be based upon the recommendations of a registered engineer practicing in acoustics and approved by the Building Department. 4. All exterior living areas (e.g. balconies and patios) which lie within the 65 CNEL • contour shall be constructed with 6 -foot high noise barriers. The noise barrier shall be continuous (no opening or gaps) and have a minimum density of 3.5 pounds per square foot. The walls may be stud walls with cement plaster exterior, 1.4 inch plate glass, 5.8 inch plexiglass, any masonry material, or any combination of these materials. Wood and other materials may be used if specifically designed as noise barriers. 5. All units exposed to exterior noise levels higher than 65 CNEL shall be constructed so as to achieve interior noise levels no greater than 45 CNEL. Prior to issuance of a building permit, a qualified acoustical engineer shall review final V1 architectural plans to determine what building upgrades will be necessary to achieve this standard. The City Engineer shall require that such upgrades be incorporated into the plans prior to issuance of the building permit. Most likely the only building upgrade that will be required is higher rated windows such as 3.16 inch single pane glass for all windows that are exposed to • East Coast Highway and Jamboree Road. 6. Prior to issuance of an occupancy permit, the City Engineer shall require that an acoustical analysis be conducted by a qualified acoustical engineer (at the developer's expense). This analysis shall determine if all noise mitigation has been installed as required and that noise levels will meet City standards. The noise measurements shall be taken at that point in the worst case unit where the highest noise levels are expected. If different noise attenuation methods are used for different units, then a worst case unit for each method shall be tested. 7. Construction activities will be conducted in accordance with Section 10.28.040 of the Newport Beach Municipal Code, which limits noisy constructions activities. Changes or alterations are within the responsibility and jurisdiction of another public agency and not the one making the finding. 1. The State Department of Transportation has the overall responsibility for major roadways and freeways in the region. 2. The State Air Resources Board is responsible for the attainment of national air quality standards. 3. The South Coast Air Quality Management District is responsible for basin air quality. 4. The Southern California Association of Governments in association with the SCAQMD is responsible for the Air Quality Management Plan (AQMP) for the airshed. The significant effect has been substantially lessened to the extent feasible, however, specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the Final EIR. 1. The project represents the best use for the project area, all factors considered. 2. The alternatives set forth for the site were rejected for the reasons as set forth below and in the subsequent sections of this statement. The remaining unavoidable significant effect is acceptable when balanced against facts set forth in the Statement of Overriding Considerations and in view of the fact that the impact identified is considered significant only on a cumulative basis, resulting from the proposed project in association with other past, present and reasonably foreseeable future projects. ENERGY • Significant Effect * There will be an incremental increase in energy consumption. Findings 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. 10 3. Specific economic, social, or other considerations make infeasible the project alternatives identified in the Final EIR (Section 15091 of the Guidelines). Facts in Support of Findings The significant effect has been substantially lessened by virtue of the Standard City • Policies and Requirements identified in the Final EIR and incorporated into the project. These measures include the following: 1. Building design shall conform to Title 24 of the California Administrative Code. The significant effect has been substantially lessened to the extent feasible, however, specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the Final EIR. 1. The project represents the best use for the project area, all factors considered. 2. The alternatives set forth for the site were rejected for the reasons as set forth below and in the subsequent sections of this statement. The remaining unavoidable significant effect is acceptable when balanced against facts set forth in the Statement of Overriding Considerations and in view of the fact that the impact identified is considered significant only on a cumulative basis, resulting from the proposed project in association with other past, present and reasonably foreseeable future projects. PUBLIC SERVICES AND UTILITIES Significant Effect No significant effects are anticipated. However, the project will cumulatively affect the remaining capacities of services and utilities in conjunction with ongoing growth in the area. Findings 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. 3. Specific economic, social, or other considerations make infeasible the project alternatives identified in the Final EIR (Section 15091 of the Guidelines). Facts in Support of Findings The significant effect has been substantially lessened by virtue of the Standard 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 building permits, the Fire Department shall review the proposed plans to determine the adequacy of emergency access. The Department may require indoor fire protection features, such as overhead fire sprinklers, if it • determines that such measures are necessary to provide adequate fire protection. 2. Fire Department access shall be approved by the Fire Department prior to the issuance of building permits. 3. All onsite fire protection (hydrants and Fire Department connections) shall be approved by the Fire Department and Public Works Department. 4. The applicant shall install an Opticon device in the Back Bay Drive /Jamboree Road signal. 11 5. Final design of the project shall provide for the incorporation of water - saving devices for project lavatories and other water -using devices. This shall be verified by the Building Department prior to issuance of occupancy permits. 6. Prior to issuance of building or grading permits, a master plan of water and sewer facilities shall be prepared for the site. The applicant shall verify the adequacy • of existing water and sewer facilities and construct any modification of facilities necessary for the project. The master plan shall include provision for the relocation of existing water and sewer facilities. 7. Prior to the occupancy of any building, the applicant shall provide written verification from the Orange County Sanitation District that adequate sewer capacity is available to serve the project. 8. Prior to the approval of the final tract map, the applicant shall consult with the City of Newport Beach Public 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, and shall install any facilities determined to be necessary by the City and OCTD. 9. The applicant shall contribute a fair share contribution to the schools, if required by the school district. 10. The project shall provide recycling bins in the trash disposal areas for the voluntary recycling of newspaper, aluminum and glass. The project shall also provide a mechanism for the collection and recycling of items disposed of in this manner. Subject to the approval of the Planning Department and the General Services Department, this program may be substituted for one which accomplishes recycling without source point sorting. 12 PROJECT ALTERNATIVES Findings 1. The project has been designed in a manner so as to provide the greatest public involvement in the planning and CEQA process. • 2. The following provides a brief description of project alternatives. 3. The alternatives were rejected in favor of the current project proposal. 4. The rationale for rejection of each alternative is provided below. 5. The rejection rationale is supported by the public record including, but not limited to, the Certified Final EIR. NO PROJECT ALTERNATIVE The No Project Alternative provides for no development on the site. Findings Specific economic, social, or other considerations make infeasible the No Project Alternative described in the Final EIR in that: 1. The No Project Alternative does not provide for an increase in the housing stock of the City of Newport Beach, and will not contribute to the provision of affordable housing. 2. The No Project Alternative will leave the site in an undeveloped state, which would be subject to erosion during storms, and would therefore continue to contribute incrementally to siltation in Newport Bay. LOW DENSITY RESIDENTIAL ALTERNATIVE The Low Density Residential Alternative assumes development of a detached, single - family residential development. Findings Specific economic, social, or other considerations make infeasible this alternative described in the Final EIR in that: 1. The alternative would only slightly reduce the incremental contribution to traffic congestion, ambient noise levels, air quality and service /utility usage. 2. The alternative would not result in the same provisions for affordable housing. 3. The configuration of the site is not conducive to detached residential development. 4. The site is Phase H of an apartment project already under construction. 5. The alternative would be more difficult to mitigate from a noise impact standpoint. HIGHER - DENSITY RESIDENTIAL ALTERNATIVE A higher - density residential alternative could be 20 units per acre, or a total of 186 dwelling units. 13 Findings 1. Development of this density of residential use is not allowed on the site by the Land Use Element and Local Coastal Program, Land Use Plan. 2. The larger, more intense subdivision would be significantly out of character with the surrounding area. OFFICE /COMMERCIAL ALTERNATIVE This alternative would include an 80,000 sq.ft. office building which would include a restaurant facility. Findings 1. This alternative would generate significantly more traffic than the project. 2. This alternative would cause a greater incremental contribution to cumulative impacts related to traffic, noise, and air quality. 3. The alternative would not provide additional residential uses in the area. PARK /OPEN SPACE ALTERNATIVE This alternative would result in the development of an open space amenity on the subject site. Findings 1. The site is not highly accessible in a regional sense, due to the location on East Coast Highway and its separation from the Upper Newport Bay area by Jamboree Road. 2. The site immediately across Jamboree Road (Bayview Landing) is designated predominantly for open space, and will provide the same open space amenity as could be achieved by this site, except that its location is more directly accessible for the Newport Bay and Newport Dunes areas. ALTERNATIVE LOCATIONS The project could be developed in other locations of Newport Beach. According to the Housing Element, there are only eight major undeveloped sites suitable for residential development remaining in the City of Newport Beach, with a total unit capacity of 1,498. Villa Point Phase II is one of these, and 90 units are allowed on the site. Finding 1. The Regional Housing Need Assessment (RHNA) prepared by SCAG (Southern California Association of Governments) projects that 2,062 units will be required in order to fulfill future (2010) housing needs in the City of Newport Beach. Therefore, all eight of these undeveloped sites would require residential development, and could not be substituted as an alternate location for this project. 0 Exhibit 2 STATEMENT OF OVERRIDING CONSIDERATIONS The California Environmental Quality Act requires a public agency to balance the benefits of a proposed project against its unavoidable environmental risks in determining whether to approve the project. The City of Newport Beach has determined that the unavoidable risks of this project are acceptable and are clearly outweighed by specific social, economic and other benefits of the 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 with other existing uses in the vicinity of the project and the community in general. 2. The proposed project represents infill development located in an urban area where adequate facilities and services exist. 3. The density and intensity of the project is appropriate. 4. The proposed project will contribute to a fair share of local and regional roadway improvements, specifically the City's Fair Share Traffic Contribution Ordinance. 5. The project will provide increased housing opportunities. 6. The project has been designed to be sensitive to the surrounding neighborhood by: • providing adequate parking • providing an architecturally aesthetic project that upgrades the area while blending into the existing neighborhood • providing landscaping adequate to reduce the visual impact of the development • providing a significant setback at the corner of East Coast Highway and Jamboree Road to allow for the preservation of panoramic views of bluff areas adjacent to Upper Newport Bay PLT /WP50 ED \EIR 146.FDG