Loading...
HomeMy WebLinkAbout92-88 - Final Environmental Impact Report 148• RESOLUTION NO. 92- 8 8 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH CERTIFYING AS COMPLETE AND ADEQUATE THE FINAL ENVIRONMENTAL IMPACT REPORT NO. 148 FOR THE CIRCULATION IMPROVE- MENT AND OPEN SPACE AGREEMENT WHEREAS, the Draft Environmental Impact Report No. 148 provided environmental impact assessment for the proposed Circulation Improvement and Open Space Agreement, 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 and WHEREAS, the DEIR was circulated to the public for comment and review; 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); ,oe WHEREAS, as a result of the additional information provided in the Response to Comments, a supplemental EIR was prepared and circulated for public • comment; and WHEREAS, the SEIR was prepared in accordance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines and Council Policy K -3; WHEREAS, written comments were received from the public during and after the review period; and WHEREAS, such comments and testimony were responded to through Response to Comments and staff reports submitted to the 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 City Council 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 Circulation Improvement and Open Space Agreement 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 Circulation Improvement and Open Space Agreement; 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. 2 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 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, isincluding 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. 3 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 Facts and the Final EIR and enforced by the mitigation monitoring program. 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. 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 as modified • by the design alternative described in the Statement of Facts and Findings, 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 Consider- ations. 4 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 Circulation Improvement and Open Space Agreement, the Environmental Impact Report evaluated a 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. 148 for the Circulation Improvement and Open Space Agreement 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. Supplemental EIR and Technical Appendices 4. SEIR Responses to Comments 5. Planning Commission Staff Reports 6. Planning Commission Minutes 7. Planning Commission Resolutions, Findings and Conditions for Recommended Approval 8. City Council Staff Reports 9. City Council Minutes 10. City Council Ordinances, Resolution and Findings and Conditions for Approval 11. Comments and Responses received prior to final action and not contained in 1 through 10 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 24th day of August 1992. CITY CLERK Attachments: Exhibits 1 & 2 5 PLT:.. \ED \EIR \EIR148. RS1 EXHIBIT 1 STATEMENT OF FINDINGS AND FACTS FINAL ENVIRONMENTAL IMPACT REPORT 148 • CIRCULATION IMPROVEMENT AND OPEN SPACE AGREEMENT • MENIF : I_• The California Environmental Quality Act (CEQA) and the 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 environmen- tal effect as identified in the Final EIR. 2. Such changes or alterations are within the responsibility and jurisdic- tion 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 has determined that the proposed project should be approved. A description of the project to be approved is provided below. Because the proposed actions constitute a project under CEQA, and the Initial Study determined that the project could have significant effects on the environment, the City of Newport Beach has prepared an Environmental Impact Report (EIR). This EIR indicates that there will be significant impacts as a direct result of the project in the area of land use, biological resources and public services and utilities (fire protection services); and that significant effects in the areas of aesthetics and air quality will occur on a cumulative basis as a result of the project in conjunction with other past, present and reasonably foreseeable future projects. The Findings and Facts set forth below explain the City's reasons for determining that the project should be approved as proposed. ExmBrr 1 Page 1 of 47. I" A. PROJECT OBJECTIVES - CITY OBJECTIVES The City of Newport Beach has several means which it uses to fund park land acquisition and circulation system improvements. These procedures often rely on the development of land in the City. In determining to pursue the possibility of the Circulation Improvement and Open Space Agreement with • The Irvine Company, the City Council saw the possibility of implementation of General Plan circulation improvement goals in advance of the build -out of land uses allowed by the General Plan. In addition, the City Council saw the possibility of acquiring open space above the General Plan requirements and in advance of when it could otherwise be acquired. The specific objectives of the City of Newport Beach are: 1. To achieve the dedication of significant public open space consistent with the goals of the General Plan at no financial cost to the City. 2. To the greatest extent feasible, to achieve the dedication of important and meaningful public open space in excess of the minimum require- ments of the General Plan. 3. To identify and achieve dedication of all or a portion of one or more sites appropriate for passive and active recreational purposes. 4. To achieve dedication of environmentally sensitive areas. 5. To identify and achieve dedication of all or a portion of certain sites appropriate for the provision of necessary public facilities such as streets and highways, utility easements, a fire station, and similar facilities which may be identified in the future. 6. To alter entitlement whenever possible in ways which will improve the jobs /housing balance in the City. 7. To approve residential development with sufficient density to provide for a maximum amount of affordable housing in the community. 8. To provide appropriate housing for all economic segments of the community. 9. To maintain and improve the City's financial ability to provide a full range of services to its constituents and to expand and improve those services when desirable. 10. To maximize public access to important public open spaces and resources so that residents and visitors may enjoy the benefits of living in or visiting a unique coastal community consistent with the provisions of the Coastal Act of 1976 and the City's Local Coastal Program, Land Use Plan. • 11. To provide a mechanism for the early funding and construction of significant components of the City's Master Plan of Streets and Highways. This mechanism includes: a. Early payment of Fair Share Fees by The Irvine Company for their remaining development on the subject sites. EX1Mrr 1 Page 2 of 47. b. A commitment by The Irvine Company to construct all required frontage improvements related to the approved entitlement. C. An advance of funds by The Irvine Company to allow the City to construct important circulation system improvements as quickly as possible. d. To make available funds in order to place the City in a superior • position to obtain outside matching funds for improvements. B. PROJECT OBJECTIVES - THE IRVINE COMPANY OBJECTIVES The general objectives of The Irvine Company are: 1. Establish a program of open space dedications in exchange for vested approval to allow development of certain properties. 2. Satisfy the requirements of the Traffic Phasing Ordinance by providing significant funding for needed circulation system improvements under the terms of an Agreement that create a net benefit to the City. 3. Obtain approval of a plan for each of the parcels under a comprehen- sive planting program that is generally consistent with the General Plan and allows for a fiscally sound project. 4. Create a balanced community offering a range of housing opportunities in a variety of locations. 5. Vest land use entitlements and zoning for 956 residential units and 202,000 square feet of non - residential uses on the significant remaining undeveloped parcels of land in the City owned by The Irvine Company by obtaining approval of an Agreement to allow construction of the projects under the terms of the Agreement. The specific objectives of The Irvine Company are: 1. Vs: Vest approval of a community plan that preserves significant areas of the site for public open space including a view park along the bluff and an active park adjacent to Dover Drive and maintains a minimum development area of 26 acres for 151 residential units. This entitle- ment will allow for an economically viable development of the site. 2. BB drew Landing: Vest approval to build a 10,000 square foot restaurant or 40,000 square foot athletic club on the lower portion of the site. Allow for an alternate development of 120 affordable senior citizen housing units with the transfer of 30,000 square feet of retail entitlement to Newport Center - Fashion Island. Offer to dedicate the upper portion of the site to the City as open space in order to preserve and possibly • enhance public views to the Bay. This entitlement will allow for an economically viable development of the site. 3. porter North: Vest approval of a community plan that preserves areas of the site for public open space including a view park along the bluff and natural ExtMrr 1 Page 3 of 47. habitat areas and maintain a minimum development area of 30 acres for 212 residential units. This entitlement will allow for an economi- cally viable development for the area. 4. San Diego Creek North and Jamboree /MacArthur: Dedicate these sites to the City or other public agency for open space and public facility purposes and give up office entitlement in order to • provide substantial public benefits in exchange for vesting rights to develop other sites. 5. San Diego Creek South: Vest approval of a community plan for 300 residential units on 18.6 acres. This entitlement will allow for an economically viable develop- ment of the site. 6. Freewav Reservation East: Vest approval of a community plan for a total of 48 residential units in two areas on the site totalling 11 acres. Dedicate the remaining area to the City for open space. This entitlement will allow for an economically viable development of the site. 7. Block 800 - Newport Center: Vest approval of a community plan for development of 245 residential units that allows for an economically viable project. 8. Corporate Plaza West, Vest approval of a community plan for development of an additional 94,000 square feet of office use. This entitlement will allow for an economically viable development of the site. 9. Newporter Knoll: Dedicate the site for open space as part of an agreement to vest entitlement on other sites. 10. Newporter Resort: Vest approval to build an additional 68 hotel rooms on -site. This entitlement will allow for an economically viable addition to the existing land use of the site. 11. Newport Village: Dedicate the site between the City's Central Library site and San Miguel Road for open space as part of an agreement to vest entitle- ment on other sites and to allow The Irvine Company to maintain interim ownership of the portion of the San Diego Creek North site • adjacent to San Diego Creek for the purpose of using it for wetlands mitigation for the San Joaquin Hills Transportation Corridor. This area will ultimately be dedicated to the Transportation Corridor Agency or other public entity. Exmsrr 1 Page 4 of 47. C. DISCRETIONARY APPLICATIONS TO BE APPROVED AS PART OF THE PROJECT 1. General Plan Amendment 92 -2 (C) Request to amend the Land Use Element of the Newport Beach General Plan to provide for an additional land use of affordable senior citizen housing on the Castaways site, the designation of the lower • portion of Bayview Landing for active recreation, and the addition of of 30,000 square feet of retail entitlement to Newport Center - Fashion Island. 2. Local Coastal Program Amendment No. 28 Request to amend the Local Coastal Program, Land Use Plan to provide for an additional land use of affordable senior citizen housing on the Castaways site and the designation of the lower portion of Bayview Landing for active recreation. 3. Development Agreement No. 6 Request to approve a Development Agreement for the Circulation Improvement and Open Space Agreement. 4. Traffic Study No. 82 Request to approve a traffic study so as to permit the construction of the development authorized in the Circulation Improvement and Open Space Agreement. 5. Amendment No. 763 Request to amend the Harbor View Hills Planned Community District Regulations and Development Plan so as to allow for the construction of 48 additional dwelling units. 6. Amendment No. 764 Request to adopt Planned Community District Regulations and Development Plan for Upper Castaways. This request would provide for the construction of 151 dwelling units. 7. Amendment No. 765 Request to adopt Planned Community District Regulations and Development Plan for Newporter North / Newporter Knoll. This request would provide for the construction of 212 dwelling units on Newporter North and open space on Newporter Knoll. 8. Amendment No. 766 Request to amend the North Ford Planned Community District • Regulations and Development Plan so as to allow for the construction of 300 additional dwelling units. 9. Amendment No. 767 Request to amend a portion of Districting Map No. 37 so as to reclassify property from the U (Unclassified) District to the P -C EX1BBrr 1 Page 5 of 47. District. Also requested is the adoption of Planned Community District Regulations and Development Plan for Bayview Landing. This request would provide for the construction of either a 10,000 sq.ft. restaurant or a 40,000 sq.ft. athletic club. 10. Amendment No. 768 Request to amend portions of Districting Maps No. 44 and 66 so as to is reclassify property from the U (Unclassified) District to the P -C (Planned Community) District. The proposal also includes a request to adopt Planned Community District Regulations and Development Plan so as to provide for open space and public facility use of the subject property. • 11. Amendment No. 769 Request to amend the Block 800 Planned Community District Regulations and Development Plan so as to allow the construction of 245 dwelling units or senior citizen housing. 12. Amendment No. 770 Request to amend a portion of Districting Map No. 48 so as to reclassify property from the O -S (Open Space) and Unclassified Districts to the P -C District. Also requested is the adoption of Planned Community District Regulations and Development Plan for the Corporate Plaza West Planned Community. This request would allow for the construction of an additional 94,000 sq.ft. of office development (115,000 sq.ft. total). ENMrr 1 Page 6 of 47. • III. FINDINGS AND FACTS IN SUPPORT OF FINDINGS REGARDING THE ENVIRONMENTAL EFFECTS OF THE PROJECT A. EFFECTS DETERMINED TO BE INSIGNIFICANT This summary briefly describes those effects which were determined to be insignificant for all eleven (11) project sites prior to the preparation of the environmental document. 1. The proposed project will not create changes in deposition or erosion of beach sands, or changes in siltation, deposition or erosion which may modify the channel of a river or stream or the bed of the ocean or any bay, inlet, or lake. 2. The proposed project will not create any objectionable odors. 3. The proposed project will not alter air movement, moisture, or temperature, or result in any change in climate, either locally or regionally. 4. The proposed project will not alter the direction or rate of flow of ground waters. 5. The proposed project will not change the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations. 6. The proposed project will not substantially reduce the amount of water otherwise available for public water supplies. 7. The proposed project will not expose people or property to water - related hazards such as flooding or tidal waves. 8. The proposed project will not reduce in acreage any agricultural crop. 9. The proposed project will not result in a substantial alteration of the planned land use of an area. 10. The proposed project will not alter the location, distribution, density, or growth rate of the human population of the area. 11. The proposed project will not increase the rate of use of any natural resources. 12. The proposed project will not substantially deplete any non - renewable natural resource. 13. The proposed project will not involve a risk of an explosion or the release of hazardous substances (including, but not limited to oil, pesticides, chemicals, or radiation) in the event of an accident or upset conditions. 14. The proposed project will not interfere with an emergency response plan or an emergency evacuation plan. 15. The proposed project will not result in the creation of any health hazard or potential health hazard. Exmsrr i Page 7 of 47. • • 16. The proposed project will not result in the exposure of people to potential health hazards. 17. The proposed project will not result in the alteration to waterborne, rail or air traffic. 18. The proposed project will not create a significant need for additional maintenance of public facilities. 19. The proposed project will not have an effect upon or result in the need for other governmental services. 20. The proposed project will not result in the use of substantial amounts of fuel or energy. 21. The proposed project will not substantially increase the demand upon existing sources or energy, or require the development of new sources of energy. 22. The proposed project will not result in an impact upon the quality or quantity of existing recreational opportunities. 23. The proposed project will not result in an adverse physical or aesthetic effect on a prehistoric or historic building, structure, or object. 24. The proposed project does not have the potential to cause a physical change that would affect unique ethnic cultural values. 25. The proposed project will not restrict existing religious or sacred uses within the potential impact area. EFFECTS DETERMINED TO BE MITIGATED TO A LEVEL OF INSIGNIFICANCE Impacts associated with the following environmental issues will be mitigated to a level of insignificance upon implementation of applicable standard City policies and requirements and recommended mitigation measures. Transuortation /Circulation Significant Effect: The proposed project, in conjunction with other past, present, and reasonably foreseeable future projects, will impact peak hour traffic volumes. Finding: 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: This significant effect has been substantially lessened to an acceptable level by virtue of the standard City policies and the mitigation measures listed below: • The City shall prepare a circulation improvement monitoring program to direct expenditures of funds received under the Development Page 8 of 47. • • Agreement to make improvements and to monitor the status of those improvements. The list of improvements to be implemented shall initially be based on those identified on Table V, with prioritization established based on technical need and ability to implement them in a timely manner. Flexibility to add or delete projects on the list should be maintained to respond to actual changes in traffic volumes and the ability of the City to accomplish improvements so long as the projected Net Benefit to the circulation system is maintained. Thereafter, a review of the improvements' priority and implementation status shall be done in conjunction with the City's annual Congestion Management Program and Growth Management Program analysis and the annual review of the Development Agreement. • The applicant or successor in interest shall construct or post bond for all frontage improvements identified in the Development Agreement and listed in Table B of the Program EIR. Air Quality Significant Effect: The proposed project will result in significant short -term construction- related impacts. Finding: 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: This significant effect has been substantially lessened to an acceptable level by virtue of the standard City policies and the mitigation measures listed below: • All grading related to the project shall be conducted in accordance with SCAQMD Rule 403. This mitigation measure shall be made a condition of all grading permits related to the project. • After clearing, grading, earth moving, or excavation operations while construction activities are being conducted, fugitive dust emission shall be controlled using the following procedures: • Graded sections of the project that will not be further disturbed or worked on for long periods of time (three months or more) shall be seeded and watered or covered with plastic sheeting to retard wind erosion. • Graded sections of the project which are undergoing further disturbance or construction activities shall be sufficiently watered to prevent excessive amounts of dust. These mitigation measures shall be made a condition of all grading permits related to the project. • During grading and construction activities, the applicant shall further control fugitive dust emissions using the following measures: ExEIBrr 1 Page 9 of 47. • On -site vehicle speeds on unpaved roads shall be limited to 15 miles per hour. Entrances to all on -site roads shall be posted with a sign indicating the maximum speed limits on all unpaved roads. • All areas with vehicle traffic shall be periodically watered. • Streets adjacent to the project site shall be swept as needed to • remove silt which may have accumulated from construction activities so as to prevent accumulations of excessive amounts of dust. These mitigation measures shall be made a condition of all grading permits related to the project. Significant Effect: The proposed project will result in significant emissions from mobile (vehicular) sources, combustion of natural gas, on the generation of electric energy. Finding: 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: This significant effect has been substantially lessened to an acceptable level by virtue of the standard City policies and the mitigation measures listed below: • Office and commercial development on the Corporate Plaza West and Bayview Landing site shall also participate in the Centerride program currently in operation in the Newport Center area. Evidence of intent to participate shall be provided to the City of Newport Beach Building Department prior to issuance of occupancy permit. • Bicycle racks shall be required in accordance with the City of Newport Beach Transportation Demand Ordinance. • Construction of related frontage improvements shall include bus turnouts and shelters if determined to be necessary and desirable by the Orange County Transit District and /or the City of Newport Beach. Prior to final design and construction of any frontage improvements, the City of Newport Beach shall contact the Orange County Transit District to determine if any bus turnouts or shelters will be required. • All development shall include street and security lighting (in parking lots and pedestrian walkway areas) which is energy conserving. A lighting plan shall be submitted for all development which demon- strates compliance with this measure. The plan shall be reviewed by the Planning Department and approved by the Department of Public Works. • Residential, commercial and office development shall be landscaped with an emphasis on drought resistant plant species which will shade buildings and reduce water and energy consumption during the ExHMrr 1 Page 10 of 47. summer. A landscape plan shall be submitted for all development which demonstrates compliance with this measure. The plan shall be reviewed by the Planning Department and approved by the Depart- ment of Public Works prior to issuance of an occupancy permit. Noise Significant Effect: • The proposed project will result in significant short -term noise impacts due to construction and grading activities. Finding: 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: This significant effect has been substantially lessened to an acceptable level by virtue of the mitigation measure and standard City requirement listed below: • At the time specific site plans and grading plans are prepared and submitted for review and approval by the City, the City shall review the plans in conjunction with the environmental review process to confirm that the mitigation measures provided will adequately control construction impacts potentially impacting the Newport Harbor Lutheran Church, especially its pre - school operations. If necessary, additional conditions related to construction activities may be placed on the project. • Pursuant to the City of Newport Beach Noise Ordinance Section 10.28.040, no person shall, while engaged in construction, remodeling, digging, grading, demolition, painting, plastering or other related building activity, operate any tool, equipment or machine in a manner which produces loud noise that disturbs, or could disturb, a person of normal sensitivity who works or resides in the vicinity, on any weekday except between the hours of 7:00 a.m. and 6:30 p.m., nor on any Saturday except between the hours of 8:00 a.m. and 6:00 p.m., nor on any Sunday or Holiday. Significant Effect: The proposed project will exceed acceptable noise levels on -site affecting residential development on the San Diego Creek South, Upper Castaways, Newporter North, Block 800, and Freeway Reservation sites. Finding: 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. Exmsrr i Page 11 of 47. Facts in Support of Finding: This significant effect has been substantially lessened to an acceptable level by virtue of the standard City policies and the mitigation measures listed below: • The applicant shall ensure that all residential lots and dwellings are sound attenuated against present and projected noise, which shall be • the sum of all noise impacting the project, so as not to exceed an exterior standard of 65 dB CNEL in outdoor living areas and an interior standard of 45 dB CNEL in all habitable rooms. Evidence shall be prepared under the supervision of a City certified acoustical consultant which demonstrates that these standards will be satisfied in a manner consistent with applicable zoning regulations and shall be submitted as follows: A. Prior to the recordation of a final tract /parcel map or prior to the issuance of Grading Permits, at the sole discretion of the City, an Acoustical Analysis Report shall be submitted to the City's Advance Planning Manager for approval. The report shall describe in detail the exterior noise environment and preliminary mitigation measures. Acoustical design features to achieve interior noise standards may be included in the report in which case it may also satisfy "B" below. B. Prior to the issuance of any building permits, an acoustical analysis report describing the acoustical design features of the structures required to satisfy the exterior and interior noise standards shall be submitted to the Advance Planning Manager for approval along with satisfactory evidence which indicates that the sound attenuation measures specified in the approved acoustical report(s) have been incorporated into the design of the project. C. Prior to the issuance of any building permits, all freestanding acoustical barriers must be shown on the project's plot plan illustrating height, location and construction in a manner meeting the approval of the City's Advance Planning Manager. D. Prior to the issuance of any Certificates of Use and Occupancy, field testing in accordance with Title 25 regulations may be required by the Planning Director to verify compliance with STC and IIC design standards. • All non - residential structures shall be sound attenuated against the combined impact of all present and projected noise from exterior noise sources to meet the interior noise criteria as specified in the Noise Element. Prior to the issuance of any building permits, evidence shall be prepared under the supervision of a City certified acoustical consultant that these standards will be satisfied and shall be submitted to the is Manager, Advance Planning in,the form of an Acoustical Analysis Report describing in detail the exterior noise environment and the acoustical design features required to achieve the interior noise standard and which indicate that the sound attenuation measures specified have been incorporated into the design of the project. Exmsrr 1 Page 12 of 47. • All freestanding acoustical barriers shall be a berm, wall or combina- tion berm and wall. Walls shall not contain holes or gaps. Walls shall be constructed of slumpstone or other masonry material. Final acoustical barrier heights and locations shall be determined when final grading plans are developed showing lot locations, house/building setbacks and precise pad elevation. Biological Resources • Significant Effect: The proposed project will result in the possible loss of wetland habitat on the San Diego Creek South, San Diego Creek North, Jamboree /MacArthur, Upper Castaways, Newporter North, and Freeway Reservation sites. Finding: 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: This significant effect has been substantially lessened to an acceptable level by virtue of the standard City policies and the mitigation measures listed below: • Pursuant to Section 1601 -1603 of the State of California Fish and Game Code, the California Department of Fish and Game shall be notified of any alterations to streambed habitats. The applicant or any successors in interest shall be responsible for notifying the Department of Fish and Game regarding any grading related to residential development and associated improvements on the San Diego Creek South, Upper Castaways, Newporter North, and Freeway Reservation sites which would alter streambed habitats. The applicant or any successor in interest shall notify the Department of Fish and Game and obtain any necessary permit prior to the issuance of a grading permit. Copies of proper notification and necessary permits shall be provided to the City of Newport Beach prior to issuance of a grading permit. The City of Newport Beach shall be responsible for notifying the Department of Fish and Game regarding any grading related to any public improvements (e.g. trails, recreational facilities, roads, drainage facilities, etc.) in areas designated for open space, public facilities, and /or parks which would alter streambed habitats. The City of Newport Beach shall notify the Department of Fish and Game and obtain any necessary permits prior to commencement of any grading which could alter the streambed habitat. The permits issued by the Department of Fish and Game pursuant to Sections 1601 -1603 may require additional mitigation measures deemed necessary by the Department. • Wetland delineation studies in accordance and conjunction with the • California Department of Fish and Game and U.S. Army Corps of Engineers permitting processes shall be performed for any wetland which will be impacted by grading and construction activities. The applicant or any successor in interest shall be responsible for conduct- ing the wetland delineation studies for wetlands impacted by residen- tial development or associated improvements on the Newporter North and Upper Castaways sites. If residential development or associated EXHOrr 1 Page 13 of 47. improvements on the San Diego Creek South or Freeway Reservation sites encroach into the Bonita Creek wetland, the applicant or any successor in interest shall be responsible for conducting the wetland delineation study. The City of Newport Beach shall be responsible for conducting the wetland delineation studies for wetlands impacted by any public improvements /facilities in areas designated for open space, public facilities, and /or parks which will encroach into wetlands. The studies shall occur at the time specific site plans and grading plans are • available and prior to issuance of any grading permits or commence- ment of grading activities in areas containing wetland habitat. • Public use and related facility development for areas proposed for natural open space and passive park uses within the Upper Castaways, Newporter North, Newporter Knoll, Bayview Landing, Freeway Reservation, and Jamboree /MacArthur sites shall be designed to be sensitive to existing biological resources. To this end, facility plans and public uses for these areas shall be prepared in consultation with a qualified biologist who shall determine that such plans and uses do not adversely impact sensitive resources identified on these sites (e.g. wetlands, coastal sage scrub, etc.). If necessary, additional environ- mental documentation shall be prepared at the time facility plans are prepared to determine if significant adverse impacts beyond those anticipated in this Program EIR will occur. If new significant adverse impacts are identified, additional mitigation measures shall be adopted. • Prior to grading and /or constructing any public facility on the San Diego Creek North site which will encroach into the on -site freshwater marsh, the City of Newport Beach (or other public agency responsible for development of the public facility) shall approve and begin implementation of a plan which shall offset the loss of wetlands. This plan shall reflect all mitigation requirements of any State or Federal agency having jurisdiction over the affected wetlands. Offsets shall be achieved by either creating a new freshwater marsh on -site or enhancing and expanding an existing freshwater marsh in or near the San Diego Creek and Upper Newport Bay Ecological Reserve. • Prior to grading and /or construction any residential development or associated improvement on the Upper Castaways site which will encroach into the on -site freshwater marsh, the applicant or successor in interest shall prepare and begin implementation of a plan which shall offset the loss of wetlands. This plan shall reflect all mitigation requirements of any State or Federal agency having jurisdiction over the affected wetlands. Offsets shall be achieved by either creating a new freshwater marsh on -site or enhancing and expanding an existing freshwater marsh in or near the Upper Newport Bay Ecological Reserve. A copy of the plan and all related permits shall be presented to the City of Newport Beach prior to issuance of a grading permit. • Prior to grading and /or constructing any residential development or associated improvement on the Newporter North site which will encroach into the on -site freshwater marsh, the applicant or successor in interest shall prepare and begin implementation of a plan which • shall offset the loss of wetlands. This plan shall reflect all mitigation requirements of any State or Federal agency having jurisdiction over the affected wetlands. Offsets shall be achieved by either creating a new freshwater marsh on -site or enhancing and expanding an existing freshwater marsh in or near the Upper Newport Bay Ecological Reserve. A copy of the plan and all related permits shall be presented to the City of Newport Beach prior to issuance of a grading permit. >ximrr 1 Page 14 of 47. • Prior to commencing grading, all wetlands habitat in areas intended for preservation shall be temporarily fenced. This measure shall pertain only when grading, stock - piling, or other construction activities are proposed within 100 feet of the boundaries of the wetland area. A plan identifying the wetland area and the location of the fencing shall be submitted to the City of Newport Beach prior to issuance of any grading permit. • • The City of Newport Beach shall consult with the Transportation Corridor Agency prior to final design and approval of any public facility or recreational facility on the San Diego Creek North site to determine feasible design and landscaping measures which will avoid interfering with the viability of the San Diego Creek Northern Marsh Creation site as wildlife habitat. If the Bayview Way extension is not extended across the site, a landscaped buffer area will be provided between any recreational or public facility uses and the Marsh Creation project site. • Grading, earthmoving, and any related construction activities related to residential development and associated improvements on the Upper Castaways, San Diego Creek South, Bay View Landing, and Newporter North sites shall be restricted as follows: Upper Castaways and New - porter North - No grading (except that necessary for trail establishment and improvements, erosion control, bluff stabilization or preparation of the development area), stockpiling of soil or operation of equipment shall take place within the bluff top setback area established by the Bluff Top setback Ordinance. San Diego Creek South - No grading, stockpiling of soils, or operation of equipment shall encroach into the area of Bonita Creek beyond the existing 15 foot elevation contour. Newporter North - No grading, stockpiling of soils or operation of equipment shall take place within the 40 foot property line setback area established by the Bluff Top Setback Ordinance except that necessary for trail establishment and improvements, erosion control, bluff stabilization, or preparation of the development area; or below the lessor of the 60 foot elevation contour or a line 100 feet from a formally delineated wetland in John Wayne Gulch freshwater marsh. Bay View Landing - no grading, stockpiling of soil or operation of equipment shall encroach into the hillside above the 25 -foot contour of the lower development area. Significant Effect: The proposed project will result in the significant introduction of light and glare on the San Diego Creek South site which would impact wildlife movement along Bonita Creek and San Diego Creek. Finding: 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: This significant effect has been substantially lessened to an acceptable level by virtue of the standard City policies and the mitigation measure listed below: EXMrr 1 Page 15 of 47. Development of the San Diego Creek South site shall be designed so as to reduce the amount of light and glare which could potentially spillover into the wetland habitats of Bonita Creek and San Diego Creek and which could also impact the functioning of these creeks as wildlife corridors. This can be achieved by a variety of means including a combination of sensitive siting of lighted buildings; use of lighting systems which conceal the light source and minimize light spillage and glare; screening walls/berms; and dense landscaping along the edge of • the development. Any landscaped edge screening shall include non - invasive trees and shrubs. The plant palette for the screening vegetation shall consist of dense, evergreen species which, when mixed, achieve canopy and understory of elements to provide as much screening as possible. The site plan and landscape plan for this edge shall be prepared in consultation with a City- approved, qualified biologist. The site plan and landscape plan shall be approved by the City Planning Department prior to issuance of building permits. At the time of adoption of a parcel /subdivision map for the San Diego Creek South Site, the property line /development area boundary shall be established at a minimum of 20 feet from the toe of the existing slope adjacent to Bonita Creek. This distance, in combination with the required building setback of 5 feet, will create a minimum 25 foot buffer from Bonita Creek. Earth Resources Significant Effect: The proposed project will result in impacts related to faulting and seismicity. Finding: 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: This significant effect has been substantially lessened to an acceptable level by virtue of the standard City policies and the mitigation measures listed below: 0 Buildings four stories in height or higher shall be designed in accor- dance with requirements for Seismic Zone 4 as outlined in Chapter 23 of the Uniform Building Code and /or with the benefit of a site specific seismic ground response spectrum study which would be prepared by the project geotechnical consultant and structural engineer to allow matching of building period with site period. The structural plans and /or ground response study shall be completed to the satisfaction of the Building Department prior to issuance of a building permit. • Buildings less than four stories in height shall be designed by a • Structural Engineer in accordance with UBC Chapter 23 requirements for Seismic Zone 4. Non - critical structures shall be designed to withstand strong ground shaking that may accompany a maximum probable earthquake along the Newport - Inglewood Fault. Critical structures (i.e., hospitals, fire /police facilities, schools, etc.) shall be designed to withstand strong ground shaking associated with a maximum credible earthquake on the Newport- Inglewood Fault. EKMBrr 1 Page 16 of 47. Structural plans, including seismic design calculations /parameters, shall be approved by the City Building Department prior to issuance of building permits. • Habitable buildings shall not be placed adjacent to (above or below) slopes or bluffs where seismic induced slope or bluff failure could occur. Though the City has established a Bluff Setback Criteria for development on the top -of -bluff (Development Policy D.2.b.1 of the • Newport Beach General Plan, January 21, 1991, and Newport Municipal Code section 20.151.080), the City minimum setbacks may not necessarily be adequate from a geotechnical viewpoint concerning bluff /slope instability during an earthquake. Areas potentially prone to such failures shall be identified and further evaluated by the project Geotechnical Consultant during the Tentative Tract Map review and Grading Plan review stage. The evaluation shall be prepared to the satisfaction of the Building Department prior to the issuance of grading permits. Grading and building plans shall reflect the recommendations of the evaluation to the satisfaction of the Building Department. • In accordance with the Alquist -Priolo Special Studies Zone Act, a Registered Geologist shall further evaluate and make recommenda- tions regarding the potential for ground surface rupture affecting proposed development on -sites where 'Potentially Active Faults" have been identified ( Bayview Landing and Freeway Reservation sites) or on any other of the sites where Potentially Active Faults are identified in the future. The study shall be prepared to the satisfaction of the City Building Department and shall be prepared prior to approval of a tentative tract map or grading permit whichever comes first. Grading and building plans shall reflect the recommendations of the study to the satisfaction of the Building Department. Significant Effect: The proposed project will result in impacts related to liquefaction on the San Diego Creek North, San Diego Creek South, Upper Castaways, Bayview Landing, Newporter North, and Newporter Resort sites. Finding: 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: This significant effect has been substantially lessened to an acceptable level by virtue of the standard City policies and the mitigation measure listed below: • Sites where the potential for liquefaction has been identified, or any other site where the potential for liquefaction may be encountered during subsequent investigations, shall be further evaluated by a • geotechnical consultant. The evaluation shall include subsurface investigation with standard penetration testing or other appropriate means of analysis for liquefaction potential. The project geotechnical consultant shall provide a statement concerning the potential for liquefaction and its possible impact on proposed development. If necessary, the geotechnical consultant shall provide mitigation measures which could include mechanical densification of liquefiable EXIUBrr 1 Page 17 of 47. layers, dewatering, fill surcharging or other appropriate measures. The Geotechnical Consultant's report shall be signed by a Certified Engineering Geologist and a Registered Civil Engineer and shall be prepared to the satisfaction of the Building Department prior to issuance of Grading Permit. Grading and building plans shall reflect the recommendations of the study to the satisfaction of the Building Department. Significant Effect: • The proposed project will result in impacts related to erosion on any of the eleven (11) sites. Finding: 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: This significant effect has been substantially lessened to an acceptable level by virtue of the standard City policies and the mitigation measures listed below: • Any necessary diversion devices, catchment devices, or velocity reducers shall be incorporated into the grading plan and approved by the City Grading Engineer prior to issuance of grading permits. Berms or other catchment devices shall be incorporated into the grading plans to divert sheet flow runoff away from areas which have been stripped of natural vegetation. Velocity reducers shall be incorporated into the design, especially where drainage devices exit to natural ground. • All fill slopes shall be properly compacted during grading in confor- mance with the City Grading Code and verified by the project Geotechnical Consultant. Slopes shall be planted with vegetation upon completion of grading. Conformance with this measure shall be verified by the City Grading Engineer prior to the issuance of occupancy permits. • Berms and brow ditches shall be constructed to the satisfaction and approval of the City Grading Engineer. Water shall not be allowed to drain over any manufactured slope face. Top -of -slope soil berms shall be incorporated into grading plans to prevent surface runoff from draining over future fill slopes. Brow ditches shall be incorporated into grading plans to divert surficial runoff from ungraded natural areas around future cut slopes. The design of berms and brow ditches shall be approved by the City Grading Engineer prior to issuance of grading permits. • Prior to the issuance of grading permits, appropriate artificial substances shall be recommended by the project landscape architect • and approved by the City Grading Engineer for use in reducing surface erosion until permanent landscaping is well established. Upon completion of grading, stripped areas shall be covered with artificial substances approved by the City Grading Engineer. • Drainage of both surface and subsurface water over or toward the bluffs on the Upper Castaways and Newporter North sites shall be BXa-BBrr 1 Page 18 of 47. minimized. Though some drainage of rainwater over the bluff face cannot be avoided, drainage control devices shall be designed to direct excess water from site improvements away from the bluff face. Irrigation shall be controlled to prevent excessive infiltration into the subsurface. The project Civil Engineer shall design grading plans to minimize surface runoff over the bluff faces. The project Geotechnical Consultant shall provide recommendations to minimize subsurface water migration toward the bluff faces prior to approval of Tentative • Tract maps or site plans. All design criteria for the control of surficial and subsurface water shall be completed to the satisfaction of the City Grading Engineer. Significant Effect: The proposed project will result in impacts associated with bluff and slope stability on any of the eleven (11) sites. Finding: 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: This significant effect has been substantially lessened to an acceptable level by virtue of the standard City policies and the mitigation measures listed below: • The project geotechnical consultant shall review the tentative tract map and grading plan for each site and prepare a report addressing all salient geotechnical issues related to bluff and slope stability of any existing bluff or slopes. These reports shall include: 1) detailed analysis of field data including surface and subsurface geological mapping; 2) laboratory testing results; 3) stability analysis of existing bluffs and proposed slopes as illustrated on the tentative tract map or rough grading plan; 4) conclusions; 5) recommendations for mitigation of any identified unstable bluffs or slopes and /or for additional investigation. These reports shall be signed by a Certified Engineering Geologist and a Registered Civil Engineer and shall be completed to the satisfaction of the City Grading Engineer prior to issuance of a grading permit. • Prior to the issuance of grading permits, the Project geotechnical consultant and /or civil engineer shall make written recommendations for manufactured slope stabilization including, but not limited to, buttressing, rock bolting, grouting, slope gradient laybacks, or retaining walls. All necessary recommendations shall be included in the grading plan to the satisfaction of the City Grading Engineer. • Though the City has established a Bluff Setback Criteria for develop- ment on the top -of -bluff (Development Policy D.2.b.1 of the Newport • Beach General Plan, January 21, 1991, and Newport Beach Municipal Code section 20.151.080), the City minimum setbacks may not necessarily be adequate from a geotechnical viewpoint concerning bluff /slope instability. Prior to issuance of grading permits, appropri- ate safe bluff top setback recommendations shall be determined by the project Geotechnical Consultant based on the evaluation required by Mitigation Measure 3 to the satisfaction of the City Grading Engineer. ExHMrr 1 Page 19 of 47. • During grading a geotechnical consultant shall monitor grading operations to ensure that recommendations for slope instability mitigation are implemented. Additionally, the geotechnical consultant shall evaluate slopes as they are graded through geologic mapping and analysis to ensure that no unanticipated conditions are present. Slope stability mitigation recommendations may require modification during grading. Compliance with this measure shall be verified by the Building Department. • • Prior to issuance of building permits, the geotechnical consultant shall prepare a Rough Grading Report and As- Graded Geotechnical Map for each graded site at the completion of grading of that site. The Report shall summarize and document compliance with all mitigation measures. The Rough Grading Report shall include a statement regarding the adequacy of the manufactured slopes for their intended use and a statement regarding the adequacy of the recommended bluff setbacks. The report shall be signed by a Certified Engineering Geologist and a Registered Civil Engineer and shall be approved by the City Grading Engineer. • Grading, earthmoving, and any related construction activities related to residential development and associated improvements on the Upper Castaways, San Diego Creek South, Bay View Landing, and Newporter North sites shall be restricted as follows: Upper Castaways and New - porter North - No grading (except that necessary for trail establishment and improvements, erosion control, bluff stabilization or preparation of the development area), stockpiling of soil or operation of equipment shall take place within the bluff top setback area established by the Bluff Top setback Ordinance. San Diego Creek South - No grading, stockpiling of soils, or operation of equipment shall encroach into the area of Bonita Creek beyond the existing 15 foot elevation contour. Newporter North - No grading, stockpiling of soils or operation of equipment shall take place within the 40 foot property line setback area established by the Bluff Top Setback Ordinance except that necessary for trail establishment and improvements, erosion control, bluff stabilization, or preparation of the development area; or below the lessor of the 60 foot elevation contour or a line 100 feet from a formally delineated wetland in John Wayne Gulch freshwater marsh. Bay View Landing - no grading, stockpiling of soil or operation of equipment shall encroach into the hillside above the 25 -foot contour of the lower development area. Significant Effect: The proposed project will result in impacts related to compressible /collapsible soil conditions on any of the eleven (11) sites. Finding: 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: This significant effect has been substantially lessened to an acceptable level by virtue of the standard City policies and the mitigation measure listed below: EAIUBrr 1 Page 20 of 47. • Prior to the issuance of grading permits, written recommendations for the mitigation of compressible /collapsible soil potential for each site shall be provided by the geotechnical consultant. Foundation recommendations shall be included. Recommendations shall be incorporated as conditions of approval for the site - specific tentative tract maps and grading plans to the satisfaction of the City Grading Engineer. Recommendations shall be based on surface and subsurface mapping, laboratory testing and analysis. Mitigation, if necessary, • could include: removal and recompaction of identified compress- ible /collapsible zones, fill surcharging and settlement monitoring, compaction grouting, or foundation design which utilizes deep piles, or other recommended measures. The geotechnical consultant's site - specific reports shall be signed by a Certified Engineering Geologist and Registered Civil Engineer, and shall be approved by the City Grading Engineer. Significant Effect: The proposed project will result in impacts related to expansive /corrosive soil conditions on any of the eleven (11) sites. Finding: 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: This significant effect has been substantially lessened to an acceptable level by virtue of the standard City policies and the mitigation measure listed below: • Written recommendations for the mitigation of expansive and corrosive soil potential for each site, shall be provided by the project corrosion consultant, geotechnical consultant and /or Civil engineer. Foundation recommendations shall be included. Recommendations shall be based on surface and subsurface mapping, laboratory testing and analysis and shall be incorporated into final building plans prior to issuance of building permits. The geotechnical consultant's site - specific reports shall be signed by a Certified Engineering Geologist and Registered City Engineer, and shall be approved by the City Grading Engineer. Significant Effect: The proposed project will result in impacts associated with near surface groundwater potential in the Upper Castaways, Newporter North, Bayview Landing, Newporter Knoll, Newporter Resort, Corporate Plaza West, Block 800, and Freeway Reservation sites. Finding: • 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: EXHIBr 1 Page 21 of 47. • 0 Exmsrr 1 This significant effect has been substantially lessened to an acceptable level by virtue of the standard City policies and the mitigation measure listed below: • The project geotechnical consultant and /or civil engineer shall prepare written site - specific review of the tentative tract maps and grading plans addressing all salient geotechnical issues, including groundwater. These reports shall provide findings, conclusions, and recommendations regarding near - surface groundwater and the potential for artificially induced groundwater as a result of future development, and the effects groundwater may have on existing or future bluffs, slopes and structures. The reports shall also address the potential for ground subsidence on the sites and properties adjacent to the sites if dewa- tering is recommended. The geotechnical consultant and /or civil engineer's reports shall be signed by a Certified Engineering Geologist and Registered Civil Engineer and shall be completed to the satisfac- tion of the City Grading Engineer prior to a issuance of a grading permit. All recommendations of the reports shall be incorporated into the grading, site, and building design to the satisfaction of the City Grading Engineer and City Engineer. Water Resources Significant Effect: The proposed project will result in significant short-term impacts to water quality from construction- related sediment erosion. Finding: 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: This significant effect has been substantially lessened to an acceptable level by virtue of the standard City policies and the mitigation measures listed below: • Prior to the issuance of grading permits, the applicant shall provide to the Building and Public Works Departments haul route plans that include a description of haul routes, access points to the sites and watering and sweeping program designed to minimize impacts of the haul operation. These plans shall be reviewed and approved by the Public Works Department. Copies of the plans shall be submitted to the City's Planning Department. • Prior to the issuance of grading permits, the applicant shall incorporate the following erosion control methods into grading plans and opera- tions to the satisfaction of the City Grading Engineer and Building Department. a. An approved material such as straw, wood chips, plastic or similar materials shall be used to stabilize graded areas prior to revegetation or construction. Page 22 of 47. b. Air -borne and vehicle -borne sediment shall be controlled during construction by: the regular sprinkling of exposed soils; and the moistening of vehicles loads. C. An approved material such as rip rap (a ground cover of large, loose, angular stones) shall be used to stabilize any slopes with seepage problems to protect the top soils in areas of concentrat- ed runoff. • d. During the period of construction activity, existing vegetation which will be retained on -site shall be protected from traffic by the use of fences. If appropriate, buffer strips or vegetative filter strips, such as tall stands of grass, can be used as an alternative and /or supplementary method to protect against sediment buildup. • Prior to the issuance of grading permits, the project geotechnical consultant and /or civil engineer shall develop a plan for the diversion of stormwater away from any exposed slopes during grading and construction activities. The plan shall include the use of temporary right -of -way diversions (i.e., berms or swales) located at disturbed areas or graded right -of -ways. The plan will be approved by the City Engineer and Building Departments and implemented during grading and construction activities. • The applicant shall provide a temporary gravel entrance located at every construction site entrance. The location of this entrance shall be incorporated into grading plans prior to the issuance of grading permits. To reduce or eliminate mud and sediment carried by vehicles or runoff onto public rights -of -way, the gravel shall cover the entire width of the entrance, and its length shall be no less than fifty feet. The entrance plans shall be reviewed and approved by the City Engineer and Grading Engineer concurrent with review and approval of grading plans. • The applicant shall construct filter berms or other approved device for the temporary gravel entrance. The berms shall consist of a ridge of gravel placed across graded right -of -ways to decrease and filter runoff levels while permitting construction traffic to continue. The location of berms shall be incorporated into grading plans prior to the issuance of grading permits. The plans shall be reviewed and approved by the City Grading Engineer. • During grading and construction, the applicant shall provide a temporary sediment basin located at the point of greatest runoff from any construction area. The location of this basin shall be incorporated into grading plans. It shall consist of an embankment of compacted soils across a drainage. The basin shall not be located in an area where its failure would lead to a loss of life or the loss of service of public utilities or roads. The plan shall be reviewed and approved by the City Grading Engineer. • • Prior to issuance of grading permits, the applicant or successor in interest shall prepare a plan for approval by the City of Newport Beach Grading Engineer for the control of accidental spills, litter, and solid waste disposal during grading and construction. Existing policies and standards of the City of Newport Beach and Fire Department shall be incorporated. The plan shall be implemented as necessary during grading and construction activities. EXHIBIT 1 Page 23 of 47. Significant Effect: The proposed project will result in significant impacts due to increased drainage on an already inadequate system. Finding: 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: This significant effect has been substantially lessened to an acceptable level by virtue of the standard City policies and the mitigation measure listed below: • Prior to issuance of a grading permit, the master plans of water, sewer and storm drain facilities shall be approved by the City Engineer. Any systems shown to be required by the review shall be the responsibility of the developer, unless otherwise provided for through an agreement with the property owner or serving Agency. Significant Effect: The proposed project, in conjunction with other past, present, and reasonably foreseeable future projects, will have a significant short-term impact on the water quality in Newport Bay due to sediment from construction after mitigation. Finding: 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: This significant effect has been substantially lessened to an acceptable level by virtue of the standard City policies and the mitigation measures listed below: • Prior to the issuance of grading permits, the applicant shall provide to the Building and Public Works Departments haul route plans that include a description of haul routes, access points to the sites and watering and sweeping program designed to minimize impacts of the haul operation. These plans shall be reviewed and approved by the Public Works Department. Copies of the plans shall be submitted to the City's Planning Department. • Prior to the issuance of grading permits, the applicant shall incorporate the following erosion control methods into grading plans and opera- tions to the satisfaction of the City Grading Engineer and Building Department. a. An approved material such as straw, wood chips, plastic or similar materials shall be used to stabilize graded areas prior to revegetation or construction. EXHMrr 1 Page 24 of 47. b. Air -borne and vehicle -borne sediment shall be controlled during construction by: the regular sprinkling of exposed soils; and the moistening of vehicle loads. C. An approved material such as rip rap (a ground cover of large, loose, angular stones) shall be used to stabilize any slopes with seepage problems to protect the top soils in areas of concentrat- ed runoff. • d. During the period of construction activity, existing vegetation which will be retained on -site shall be protected from traffic by the use of fences. If appropriate, buffer strips or vegetative filter strips, such as tall stands of grass, can be used as an alternative and /or supplementary method to protect against sediment buildup. • Prior to the issuance of grading permits, the project geotechnical consultant and /or civil engineer shall develop a plan for the diversion of stormwater away from any exposed slopes during grading and construction activities. The plan shall include the use of temporary right -of -way diversions (i.e., berms or swales) located at disturbed areas or graded right -of -ways. The plan will be approved by the City Engineer and Building Departments and implemented during grading and construction activities. • The applicant shall provide a temporary gravel entrance located at every construction site entrance. The location of this entrance shall be incorporated into grading plans prior to the issuance of grading permits. To reduce or eliminate mud and sediment carried by vehicles or runoff onto public rights -of -way, the gravel shall cover the entire width of the entrance, and its length shall be no less than fifty feet. The entrance plans shall be reviewed and approved by the City Engineer and Grading Engineer concurrent with review and approval of grading plans. • The applicant shall construct filter berms or other approved device for the temporary gravel entrance. The berms shall consist of a ridge of gravel placed across graded right -of -ways to decrease and filter runoff levels while permitting construction traffic to continue. The location of berms shall be incorporated into grading plans prior to the issuance of grading permits. The plans shall be reviewed and approved by the City Grading Engineer. • During grading and construction, the applicant shall provide a temporary sediment basin located at the point of greatest runoff from any construction area. The location of this basin shall be incorporated into grading plans. It shall consist of an embankment of compacted soils across a drainage. The basin shall not be located in an area where its failure would lead to a loss of life or the loss of service of public utilities or roads. The plan shall be reviewed and approved by the City Grading Engineer. Exmsrr 1 Page 25 of 47. Cultural Resources Archaeology Significant Effect: The proposed project will result in significant impacts to unknown archaeolog- ical resources on any of the eleven (11) sites. • Finding: 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: This significant effect has been substantially lessened to an acceptable level by virtue of the standard City policies and the mitigation measures listed below: • All sites shall be mitigated pursuant to Council Policy K -5. Where further testing or salvage is required, the applicant shall select a City - approved qualified archaeologist to excavate a sample of the site. All testing and salvage shall be conducted prior to issuance of grading permits or use of an area for recreational purposes. A written report summarizing the findings of the testing and data recovery program shall be submitted to the Planning Department within 90 days of the completed data recovery program. • The applicant shall donate all archaeological material, historic, or prehistoric, recovered during the project, to a local institution which has the proper facilities for curation, display and study by qualified scholars. All material shall be transferred to the approved facility after laboratory analysis and a report have been completed. The appropri- ate local institution shall be approved by the Planning Department based on a recommendation from the qualified archaeologist. • - Any excavation of a site located within the Coastal Zone of more than two surface meters of dirt shall require a coastal development permit prior to commencing the excavation. All provisions of the California Coastal Commission guidelines shall be complied with. Significant Effect: The proposed project will result in significant impacts to archaeological resources in the Upper Castaways, Bayview Landing, Newporter North, Newporter Knoll, Block 800, Corporate Plaza West, and Freeway Reservation sites. Finding: • 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: EXHMrr 1 Page 26 of 47. This significant effect has been substantially lessened to an acceptable level by virtue of the standard City policies and the mitigation measures listed below: UPPER CASTAWAYS • Prior to any grading related to development of the bluff trail system, open space uses or bluff stabilization which could impact CA- Ora49 and CA- Ora -186 on the Upper Castaways site, the sites shall be • subjected to test excavations by a City approved archaeologist (experienced in both historic and pre - historic archaeology) to deter- mine site integrity, extent and significance. The methodology of the test excavation shall reflect the recommendations contained in the Cultural Resources report prepared for this Program EIR. A report shall be prepared detailing all findings and recommendations and submitted to the Planning Department within 90 days of completing test excavations. BAYVIEW LANDING • Prior to issuance of a grading permit, CA- Ora -1098 shall be surface collected and subjected to test excavations by a City approved archaeologist to determine site integrity, extent and significance. A report shall be prepared detailing all findings and submitted to the Planning Department within 90 days of completing test excavations. • Prior to grading for the new park, the project sponsor shall retain a City approved archaeologist to conduct a surface collection and subsurface test excavation of CA- Ora -66 to determine site extent, integrity and significance. A report shall be prepared detailing all findings and submitted to the Planning Department within 90 days of completing test excavations. • Prior to grading for the view park, the project sponsor shall retain a City approved archaeologist to place a test unit on top of the knoll on the Bayview Landing site in the area containing shell scatter, to determine if the shell is representative of a subsurface archaeological deposit. A report shall be prepared detailing all findings and submit- ted to the Planning Department within 90 days of completing the test excavation. NEWPORTER NORTH • Prior to the use or development of the open space areas for passive recreational uses, CA- Ora -51 and CA- Ora -518 on the Newporter North site shall be surface collected and subjected to test excavations to determine site extent and significance. A report shall be prepared detailing all findings and submitted to the Planning Department within 90 days of completing test excavations. • Prior to the issuance of a grading permit, the applicant shall conduct a surface collection of the eastern extension of CA- Ora -100 which • would be impacted by grading and /or development of residential uses. The surface collection shall be conducted by a City approved archaeol- ogist. A report shall be prepared detailing all findings of the surface collection and submitted to the Planning Department within 90 days of completing the surface collection. • Prior to the issuance of grading permits, the applicant shall conduct a data recovery of program CA -Ora -64 on the Newporter North site. EXHIBIT I Page 27 of 47. The program shall be conducted by a City approved archaeologist. A report shall be prepared detailing all findings and submitted to the Planning Department within 90 days of completing the data recovery program. • Prior to issuance of a grading permit for residential development or any bluff stabilization, a qualified archaeologist shall review grading and drainage plans to determine if there are any indirect or direct • impacts to CA- Ora -51, 52 and 518. If impacts are identified, test excavations shall be conducted to determine site extent, integrity and significance. A report shall be prepared detailing all findings and submitted to the Planning Department within 90 days of completing test excavations. NEWPORTER KNOLL • Prior to any grading or use of the site, the City shall conduct a surface collection of archaeological material present on the top of the hill of the Newporter Knoll, with test units placed on the hill to determine site significance and boundaries. One unit shall be placed in the recorded area of CA- Ora -50 to determine if a portion of the site still exists. A report shall be prepared detailing all findings and submitted to the Planning Department within 90 days of completing surface collection test excavation. BLOCK 800 • Prior to the issuance of a grading permit a qualified City approved archaeologist shall conduct a surface collection of CA- Ora -136 on the Block 800 site and subject the site to test excavations to determine site extent and significance. A test unit shall also be placed in the northern portions of the parcel to determine if a sub - surface midden is under the asphalt and trash. A report shall be prepared detailing all findings and submitted to the Planning Department within 90 days of completing test excavations. CORPORATE PLAZA WEST • Prior to the issuance of a grading permit, a City approved qualified archaeologist shall dig post holes in the areas containing surface shell on the Corporate Plaza West site to determine if the shell represents sub - surface archaeological deposits. A report shall be prepared detailing all findings and submitted to the Planning Department within 90 days of completing sub - surface testing. • Prior to the issuance of grading permit, the surface near the southern section of the property shall be examined by a City approved qualified archaeologist after removal of brush and prior to any ground distur- bance. A report shall be prepared detailing all findings and submitted to the Planning Department within 90 days of completing the surface examination. FREEWAY RESERVATION • • Prior to issuance of a grading permit for the northern development area (Lot 2), a City approved qualified archaeologist shall examine the surface of areas previously identified as CA- Ora -216. The examination shall be conducted after removal of brush but prior to grading. A report shall be prepared detailing all findings and submitted to the Planning Department within 90 days of completing the surface examination. ExmBrr I Page 28 of 47. Significant Effect: The proposed project, in conjunction with other past, present, and reasonably foreseeable future projects will result in significant impacts to archaeological resources after mitigation. Finding: • 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: This significant effect has been substantially lessened to an acceptable level by virtue of the standard City policies and the mitigation measures listed below: • All sites shall be mitigated pursuant to Council Policy K -5. Where further testing or salvage is required, the applicant shall select a City - approved qualified archaeologist to excavate a sample of the site. All testing and salvage shall be conducted prior to issuance of grading permits or use of an area for recreational purposes. A written report summarizing the findings of the testing and data recovery program shall be submitted to the Planning Department within 90 days of the completed data recovery program. • The applicant shall donate all archaeological material, historic, or prehistoric, recovered during the project, to a local institution which has the proper facilities for curation, display and study by qualified scholars. All material shall be transferred to the approved facility after laboratory analysis and a report have been completed. The appropri- ate local institution shall be approved by the Planning Department based on a recommendation from the qualified archaeologist. • Any excavation of a site located within the Coastal Zone of more than two surface meters of dirt shall require a coastal development permit prior to commencing the excavation. All provisions of the California Coastal Commission guidelines shall be complied with. UPPER CASTAWAYS • Prior to any grading related to development of the bluff trail system, open space uses or bluff stabilization which could impact CA- Ora -49 and CA- Ora -186 on the Upper Castaways site, the sites shall be subjected to test excavations by a City approved archaeologist (experienced in both historic and pre - historic archaeology) to deter- mine site integrity, extent and significance. The methodology of the test excavation shall reflect the recommendations contained in the Cultural Resources report prepared for this Program EIR. A report shall be prepared detailing all findings and recommendations and submitted to the Planning Department within 90 days of completing • test excavations. BAYVIEW LANDING • Prior to issuance of a grading permit, CA- Ora -1098 shall be surface collected and subjected to test excavations by a City approved archaeologist to determine site integrity, extent and significance. A EXHIBIT 1 Page 29 of 47. • report shall be prepared detailing all findings and submitted to the Planning Department within 90 days of completing test excavations. • Prior to grading for the new park, the project sponsor shall retain a City approved archaeologist to conduct a surface collection and subsurface test excavation of CA- Ora -66 to determine site extent, integrity and significance. A report shall be prepared detailing all findings and submitted to the Planning Department within 90 days of completing test excavations. • Prior to grading for the view park, the project sponsor shall retain a City approved archaeologist to place a test unit on top of the knoll on the Bayview Landing site in the area containing shell scatter, to determine if the shell is representative of a subsurface archaeological deposit. A report shall be prepared detailing all findings and submit- ted to the Planning Department within 90 days of completing the test excavation. • Prior to the use or development of the open space areas for passive recreational uses, CA- Ora -51 and CA- Ora -518 on the Newporter North site shall be surface collected and subjected to test excavations to determine site extent and significance. A report shall be prepared detailing all findings and submitted to the Planning Department within 90 days of completing test excavations. • Prior to the issuance of a grading permit, the applicant shall conduct a surface collection of the eastern extension of CA- Ora -100 which would be impacted by grading and /or development of residential uses. The surface collection shall be conducted by a City approved archaeol- ogist. A report shall be prepared detailing all findings of the surface collection and submitted to the Planning Department within 90 days of completing the surface collection. • Prior to the issuance of grading permits, the applicant shall conduct a data recovery of program CA -Ora -64 on the Newporter North site. The program shall be conducted by a City approved archaeologist. A report shall be prepared detailing all findings and submitted to the Planning Department within 90 days of completing the data recovery program. • Prior to issuance of a grading permit for residential development or any bluff stabilization, a qualified archaeologist shall review grading and drainage plans to determine if there are any indirect or direct impacts to CA- Ora -51, 52 and 518. If impacts are identified, test excavations shall be conducted to determine site extent, integrity and significance. A report shall be prepared detailing all findings and submitted to the Planning Department within 90 days of completing test excavations. NE"ORTER KNOLL • Prior to any grading or use of the site, the City shall conduct a surface collection of archaeological material present on the top of the hill of the Newporter Knoll, with test units placed on the hill to determine site significance and boundaries. One unit shall be placed in the recorded area of CA- Ora -50 to determine if a portion of the site still exists. A report shall be prepared detailing all findings and submitted EXHIBrr i Page 30 of 47. to the Planning Department within 90 days of completing surface collection test excavation. EiOCK8M • Prior to the issuance of a grading permit a qualified City approved archaeologist shall conduct a surface collection of CA- Ora -136 on the Block 800 site and subject the site to test excavations to determine site • extent and significance. A test unit shall also be placed in the northern portions of the parcel to determine if a sub - surface midden is under the asphalt and trash. A report shall be prepared detailing all findings and submitted to the Planning Department within 90 days of completing test excavations. Mal 901 Xly 13 a IVANI'MI`1 Y • Prior to the issuance of a grading permit, a City approved qualified archaeologist shall dig post holes in the areas containing surface shell on the Corporate Plaza West site to determine if the shell represents sub - surface archaeological deposits. A report shall be prepared detailing all findings and submitted to the Planning Department within 90 days of completing sub - surface testing. • Prior to the issuance of a grading permit, the surface near the southern section of the property shall be examined by a City approved qualified archaeologist after removal of brush and prior to any ground distur- bance. A report shall be prepared detailing all findings and submitted to the Planning Department within 90 days of completing the surface examination. FREEWAY RESERVATION • Prior to issuance of a grading permit for the northern development area (Lot 2), a City approved qualified archaeologist shall examine the surface of areas previously identified as CA- Ora -216. The examination shall be conducted after removal of brush but prior to grading. A report shall be prepared detailing all findings and submitted to the Planning Department within 90 days of completing the surface examination. Paleontology Significant Effect: The proposed project, in conjunction with other past, present, and reasonably foreseeable future projects will result in significant impacts to paleontological resources. Finding: 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: This significant effect has been substantially lessened to an acceptable level by virtue of the standard City policies and the mitigation measures listed below: EXIMrr 1 Page 31 of 47. • Prior to the issuance of grading permits, a collection plan shall be prepared and implemented by a City approved, qualified paleontologi- cal monitor for known exposed fossil localities on Bayview Landing, Newporter North, and Upper Castaways. Because of the small nature of some fossils present in these rock units, matrix samples shall be collected for processing through fine mesh screens. The collection plan shall be reviewed and approved by the Planning Department. • • Prior to the issuance of grading permits, the applicant shall make provisions for the preparation and curation of all fossils possibly recovered from the sites during grading. This shall be done in a manner approved by the City's Planning Department. • Prior to the issuance of grading permits, the applicant shall identify a repository approved by the City's Planning Department which shall receive all fossils collected from the sites. • Cliff faces along Upper Newport Bay that have served as a reference section for micro - paleontological studies should be protected from alteration. If bluffs along Newport Bay need to be altered for bluff stabilization purposes, detailed measured sections and samples shall be made before and after alteration. Samples shall be prepared and analyzed as part of these efforts. The City of Newport Beach shall be responsible for retaining a qualified paleontologist to conduct the comparative study and sampling. A report shall be submitted to the Planning Department within 90 days. Public Services and Utilities Significant Effect: The proposed project will result in impacts to school system services, water, law enforcement, or wastewater. Finding: 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: This significant effect has been substantially lessened to an acceptable level by virtue of the standard City policies and mitigation measures listed below: Law Enforcement • The project proponent Newport Beach Police features are included in Newport Beach Police • access plans. Water shall work in conjunction with the City of Department to ensure that crime prevention building design and construction. The City of Department shall review all site plans and • Prior to issuance of grading permits for the development sites, the applicant shall be responsible for preparation of a Master Plan of Utilities. The Master Plan of Utilities will determine any necessary expansion of facilities and /or any modifications, upgrades or extensions EXIIIERr 1 Page 32 of 47. to the existing water systems resulting from this project. All necessary expansions of facilities and /or upgrades or extensions of existing water systems needed as a result of the project will be the responsibility of the developer, unless current district or City policies dictate otherwise. The plan shall be reviewed and approved by the City Engineer prior to issuance of grading permits. Wastewater • • Prior to issuance of grading permits, the developer will provide a Master Plan of Utilities facilities for the on -site development in order to determine the exact necessary modifications or extensions to the existing sewer systems, if needed. All necessary expansions of facilities and /or upgrades or extensions of existing water systems needed as a result of the project will be the responsibility of the developer, unless current district or City policies dictate otherwise. The Plan shall be reviewed and approved by the City Engineer prior to issuance of grading permits. C. SIGNIFICANT EFFECTS THAT CANNOT BE AVOIDED Listed below are the significant environmental effects that cannot be avoided if the project is implemented. These effects have been reduced to the extent feasible through the requirements and mitigation measures described below. The remaining unavoidable significant effects have been determined to be acceptable when balanced against the economic, social, or other factors set forth in the attached Statement of Overriding Considerations (Exhibit B). Aesthetics /Light and Glare Significant Effect: The proposed project will result in the alteration of the natural coastal bluffs due to stabilization for public areas on the Upper Castaways, Bayview Landing, and Newporter North sites. Findings: 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. Specific economic, social, or other considerations make infeasible the project alternatives identified in the Final EIR. Facts in Support of Finding: The significant effect has been substantially lessened by virtue of the standard City policies identified in the Final EIR and the following mitigation measure: • In conjunction with site plan review, the project proponent shall prepare a detailed temporary grading and landscape plan for the bluff • top setback area for the purpose of minimizing bluff erosion. If graded slopes from a development area extend into the bluff top setback area, as proposed by the PC Text, the project proponent shall prepare detailed final grading and landscape plans for the bluff top setback area. The plan shall be reviewed and approved by the Parks, Beaches and Recreation Department, Planning Department, Public Works Department, and Building Department. EXmsrr 1 Page 33 of 47. Significant Effect: The proposed project, in conjunction with other past, present, and reasonably foreseeable future projects, will result in the loss of vacant /open space areas providing visual relief due to development of sites surrounding Newport Bay. This loss is a significant impact. Finding: • 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. Specific economic, social, or other considerations make infeasible the project alternatives identified in the Final EIR. Facts in Support of Finding: The significant effect has been substantially lessened by virtue of the standard City policies identified in the Final EIR and the following mitigation measure: • Prior to approval of a site plan review for the Upper Castaways site, the applicant or successor in interest shall provide evidence that they have consulted with the Newport Harbor Lutheran Church regarding the design of the residential development. Design issues to be addressed include, but are not limited to: parking, access, location and placement of structures, directional signage, and landscaping. The proposed project defines development areas for sites currently vacant. The development areas have been defined to maximize the open space dedications, particularly on sites near Upper Newport Bay. The development areas defined are considered to be the minimum necessary to insure the economic viability of the development proposals. Preservation of one or more of the sites proposed for development will require acquisition by the City or another agency, such as the Newport Conservancy. The costs of acquisition in total is substantial. This project will allow for dedication of a maximum amount of open space with no acquisition costs to the general public. Transportationf Circulation Significant Effect: The proposed project will add measurable traffic congestion to several intersections in the airport area in conjunction with other past, present, and reasonably foreseeable future projects. Findings: 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. Specific economic, social, or other considerations make infeasible the project alternatives identified in the Final EIR. Ea-usrr 1 Page 34 of 47. Facts in Support of Finding: The significant effect has been substantially lessened by virtue of the standard City policies identified in the Final EIR and the following mitigation measures: • The City shall prepare a circulation improvement monitoring program to direct expenditures of funds received under the Development • Agreement to make improvements and to monitor the status of those improvements. The list of improvements to be implemented shall initially be based on those identified on Table V, with prioritization established based on technical need and ability to implement them in a timely manner. Flexibility to add or delete projects on the list should be maintained to respond to actual changes in traffic volumes and the ability of the City to accomplish improvements so long as the projected Net Benefit to the circulation system is maintained. Thereafter, a review of the improvements' priority and implementation status shall be done in conjunction with the City's annual Congestion Management Program and Growth Management Program analysis and the annual review of the Development Agreement. • The applicant or successor in interest shall construct or post bond for all frontage improvements identified in the Development Agreement and listed in Table B of the Program EIR. The Irvine Company has made a commitment to the funding of circulation system improvements which will provide significant, long -term benefits to the City which is greater than that which would be made available absent the Circulation Improvement and Open Space Agreement. Although the incremental increase in adverse transportation /circulation effects as a direct result of the project is considered minor, it is viewed as a cumulative significant impact within the context of on -going regional growth. This unavoidable significant effect is considered acceptable when balanced against the facts set forth in the Statement of Overriding Considerations. Other public agencies with jurisdiction to effect regional solutions to cumulative impacts identified in the Final EIR include the surrounding local cities, the County of Orange, the Southern California Association of Governments and the California Department of Transportation. Air Quality Significant Effect: The proposed project, in conjunction with other past, present, and reasonably foreseeable future project emissions, will contribute to a impact on regional air quality. Findings: • 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. Specific economic, social, or other considerations make infeasible the project alternatives identified in the Final EIR. EXHffirT 1 Page 35 of 47. Facts in Support of Finding: The significant effect has been substantially lessened by virtue of the standard City policies identified in the Final EIR and the following mitigation measures: • Office and commercial development on the Corporate Plaza West and Bayview Landing site shall also participate in the Centerride program • currently in operation in the Newport Center area. Evidence of intent to participate shall be provided to the City of Newport Beach Building Department prior to issuance of occupancy permit. • Bicycle racks shall be required in accordance with the City of Newport Beach Transportation Demand Ordinance. • Construction of related frontage improvements shall include bus turnouts and shelters if determined to be necessary and desirable by the Orange County Transit District and /or the City of Newport Beach. Prior to final design and construction of any frontage improvements, the City of Newport Beach shall contact the Orange County Transit District to determine if any bus turnouts or shelters will be required. • All development shall include street and security lighting (in parking lots and pedestrian walkway areas) which is energy conserving. A lighting plan shall be submitted for all development which demon- strates compliance with this measure. The plan shall be reviewed by the Planning Department and approved by the Department of Public Works. • Residential, commercial and office development shall be landscaped with an emphasis on drought resistant plant species which will shade buildings and reduce water and energy consumption during the summer. A landscape plan shall be submitted for all development which demonstrates compliance with this measure. The plan shall be reviewed by the Planning Department and approved by the Depart- ment of Public Works prior to issuance of an occupancy permit. The project proposed will entitle less development than that allowed by the Newport Beach General Plan. A small number of residential dwelling units will not be constructed. However, a substantial amount of office /commercial development will be abandoned. This will improve the jobs to housing ratio in the City of Newport Beach. Improved jobs /housing balance is considered by the Southern California Association of Governments and the South Coast Air Quality Management District to be valuable in the attainment of air quality requirements in the region. Although the incremental increase in adverse air quality effects as a direct result of the project is considered minor, it is viewed as a cumulative significant impact within the context of on -going regional growth. This unavoidable significant effect is considered acceptable when balanced against the facts set forth in the Statement of Overriding Considerations. • Other public agencies with jurisdiction to effect regional solutions to cumulative impacts identified in the Final EIR include the surrounding local cities, the County of Orange, the Southern California Association of Governments, South Coast Air Quality Management District and the California Air Resources Board. EXHURT 1 Page 36 of 47. Biology Significant Effect: The proposed project may impact California gnatcatcher habitat in the Bayview Landing and Newporter North sites due to bluff stabilization and remediation and grading related to erosion control and development of open space uses. • Findings: 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. Specific economic, social, or other considerations make infeasible the project alternatives identified in the Final EIR. Facts in Support of Finding: The significant effect has been substantially lessened by virtue of the standard City policies identified in the Final EIR and the following mitigation measures: • This measure shall apply to the Newporter North, Newporter Knoll, Bayview Landing, Upper Castaways, San Diego Creek South and San Diego Creek North sites. Revegetation of cut and fill slopes, bluff stabilization /remediation areas, fuel modification zones and other graded areas adjacent to existing sensitive habitat areas (e.g. at the edge of residential development, public facilities, or recreational areas) shall be accomplished with plant palettes containing predominantly native species. Steeper slopes (greater than 2 :1) shall be revegetated with a mixture of coastal sage scrub species including California sage brush which now dominates coastal sage scrub used by California gnatcatchers. Portions of more level areas shall be revegetated with species of native perennial grasses in an attempt to establish native grassland. An expert in landscape revegetation, who is knowledgeable and qualified in native plant mixtures shall provide consultation into the preparation of landscape plans to ensure that this measure is complied with. Landscape plans shall be approved by the City Planning Department prior to issuance of building permits for private development or commencement of grading for public facilities and public recreational uses. • All non - emergency grading related to bluff stabilization /remediation on the Newporter North and Bayview Landing sites shall occur during the non - breeding season for the California gnatcatcher. The non- breeding season is from August 1 to January 31. • Prior to approval of site plans or subdivision and /or City approval of • park development plan (whichever comes first), the City shall retain • biologist to further assess the potential for human and pet intrusion • into the coastal sage scrub habitat supporting the California gnat- catcher population. This assessment shall be at the cost of the developer if related to site plans of subdivision, or at the cost of the City if related to the park development plan. If the level of expected intrusion is considered to be of sufficient magnitude to significantly impact the California gnat catcher populations on site, mitigation measures shall be designed and placed as conditions on the project to Bxlm;rr 1 Page 37 of 47. reduce the impact to the extent feasible. Such design and operational measures could include perimeter fencing, homeowner and community educational programs about the potential impact of cats on wild birds, programs for trapping and removing problem animals. • The precise details of any revegetation / replacement program will be developed in conjunction with review and approval of design and grading plans when the exact nature and extent of impacts are known. • Any such programs will be subjected to full environmental review pursuant to CEQA. Consultation with all interested and effected resource agencies will occur as part of formulating and evaluating revegetation programs. Given recent successful revegetation programs in Orange County, such as those conducted in Crystal Cove State Park, it is fully reasonable to expect that a properly prepared revegetation program will be successful in mitigating impacts. • Grading, earthmoving, and any related construction activities related to residential development and associated improvements on the Upper Castaways, San Diego Creek South, Bay View Landing, and Newporter North sites shall be restricted as follows: Upper Castaways and New - porter North - No grading (except that necessary for trail establishment and improvements, erosion control, bluff stabilization or preparation of the development area), stockpiling of soil or operation of equipment shall take place within the bluff top setback area established by the Bluff Top setback Ordinance. San Diego Creek South - No grading, stockpiling of soils, or operation of equipment shall encroach into the area of Bonita Creek beyond the existing 15 foot elevation contour. Newporter North - No grading, stockpiling of soils or operation of equipment shall take place within the 40 foot property line setback area established by the Bluff Top Setback Ordinance except that necessary for trail establishment and improvements, erosion control, bluff stabilization, or preparation of the development area; or below the lessor of the 60 foot elevation contour or a line 100 feet from a formally delineated wetland in John Wayne Gulch freshwater marsh. Bay View Landing - no grading, stockpiling of soil or operation of equipment shall encroach into the hillside above the 25 -foot contour of the lower development area. The proposed project defines development areas for sites currently vacant. The development areas have been defined to maximize the open space dedications, particularly on sites near Upper Newport Bay. The development areas defined are considered to be the minimum necessary to insure the economic viability of the development proposals. Preservation of one or more of the sites proposed for development will require acquisition by the City or another agency, such as the Newport Conservancy. The costs of acquisition in total is substantial. This project will allow for dedication of a maximum amount of open space with no acquisition costs to the general public. Significant Effect: • The proposed project will result in the loss of upland habitat (introduced annual grassland) on the Newporter North site which could potentially result in the elimination of coyotes from all or a portion of the Upper Newport Bay. The proposed project will also result in an overall reduction in the general botanical and wildlife resources of the area through habitat loss, the fragmentation of habitats, interruption of wildlife movement, and a reduction of genetic exchange among wildlife populations in the area. EXIUBrr I Page 38 of 47. Findings: 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. Specific economic, social, or other considerations make infeasible the project alternatives identified in the Final EIR. • Facts in Support of Finding: The significant effect has been substantially lessened by virtue of the standard City policies identified in the Final EIR and the following mitigation measures: • This measure shall apply to the Newporter North, Newporter Knoll, Bayview Landing, Upper Castaways, San Diego Creek South and San Diego Creek North sites. Revegetation of cut and fill slopes, bluff stabilization /remediation areas, fuel modification zones and other graded areas adjacent to existing sensitive habitat areas (e.g. at the edge of residential development, public facilities, or recreational areas) shall be accomplished with plant palettes containing predominantly native species. Steeper slopes (greater than 2:1) shall be revegetated with a mixture of coastal sage scrub species including California sage brush which now dominates coastal sage scrub used by California gnatcatchers. Portions of more level areas shall be revegetated with species of native perennial grasses in an attempt to establish native grassland. An expert in landscape revegetation, who is knowledgeable and qualified in native plant mixtures shall provide consultation into the preparation of landscape plans to ensure that this measure is complied with. Landscape plans shall be approved by the City Planning Department prior to issuance of building permits for private development or commencement of grading for public facilities and public recreational uses. • All non - emergency grading related to bluff stabilization /remediation on the Newporter North and Bayview Landing sites shall occur during the non - breeding season for the California gnatcatcher. The non- breeding season is from August 1 to January 31. • Prior to approval of site plans or subdivision and /or City approval of • park development plan (whichever comes first), the City shall retain • biologist, at the developers expense, to further assess the potential for human and pet intrusion into the coastal sage scrub habitat supporting the California gnatcatcher population. If the level of expected intrusion is considered to be of sufficient magnitude to significantly impact the California gnatcatcher populations on site, mitigation measures shall be designed and placed as conditions on the project to reduce the impact to the extent feasible. Such design and operational measures could include perimeter fencing, homeowner and community educational programs about the potential impact of cats on wild birds, programs for trapping and removing problem animals. • • The precise details of any revegetation /replacement program will be developed in conjunction with review and approval of design and grading plans when the exact nature and extent of impacts are known. Any such programs will be subjected to full environmental review pursuant to CEQA. Consultation with all interested and effected resource agencies will occur as part of formulating and evaluating EXMBrr 1 Page 39 of 47. revegetation programs. Given recent successful revegetation programs in Orange County, such as those conducted in Crystal Cove State Park, it is fully reasonable to expect that a properly prepared revegetation program will be successful in mitigating impacts. The proposed project defines development areas for sites currently vacant. The development areas have been defined to maximize the open space dedications, particularly on sites near Upper Newport Bay. The development areas defined are considered to be the minimum necessary to insure the economic viability of the development proposals. Preservation of one or more of the sites proposed for development will require acquisition by the City or another agency, such as the Newport Conservancy. The costs of acquisition in total is substantial. This project will allow for dedication of a maximum amount of open space with no acquisition costs to the general public. Water Resources Significant Effect: The proposed project, in conjunction with other past, present, and reasonably foreseeable future projects, will have an incremental long -term impact on water quality in Newport Bay due to increased urban pollutants. Findings: 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. Specific economic, social, or other considerations make infeasible the project alternatives identified in the Final EIR. Facts in Support of Finding: The significant effect has been substantially lessened by virtue of the standard City policies identified in the Final EIR and the following mitigation measures: • Prior to the issuance of grading permits, the applicant shall provide to the Building and Public Works Departments haul route plans that include a description of haul routes, access points to the sites and watering and sweeping program designed to minimize impacts of the haul operation. These plans shall be reviewed and approved by the Public Works Department. Copies of the plans shall be submitted to the City's Planning Department. • Prior to the issuance of grading permits, the applicant shall incorporate the following erosion control methods into grading plans and opera- tions to the satisfaction of the City Grading Engineer and Building Department. a. An approved material such as straw, wood chips, plastic or similar materials shall be used to stabilize graded areas prior to revegetation or construction. EDC>mrr 1 Page 40 of 47. b. Air -bome and vehicle -borne sediment shall be controlled during construction by: the regular sprinkling of exposed soils; and the moistening of vehicles loads. C. An approved material such as rip rap (a ground cover of large, loose, angular stones) shall be used to stabilize any slopes with seepage problems to protect the top soils in areas of concentrat- ed runoff. • d. During the period of construction activity, existing vegetation which will be retained on -site shall be protected from traffic by the use of fences. If appropriate, buffer strips or vegetative filter strips, such as tall stands of grass, can be used as an alternative and /or supplementary method to protect against sediment buildup. • Prior to the issuance of grading permits, the project geotechnical consultant and /or civil engineer shall develop a plan for the diversion of stormwater away from any exposed slopes during grading and construction activities. The plan shall include the use of temporary right -of -way diversions (i.e., berms or swales) located at disturbed areas or graded right -of -ways. The plan will be approved by the City Engineer and Building Departments and implemented during grading and construction activities. • The applicant shall provide a temporary gravel entrance located at every construction site entrance. The location of this entrance shall be incorporated into grading plans prior to the issuance of grading permits. To reduce or eliminate mud and sediment carried by vehicles or runoff onto public rights -of -way, the gravel shall cover the entire width of the entrance, and its length shall be no less than fifty feet. The entrance plans shall be reviewed and approved by the City Engineer and Grading Engineer concurrent with review and approval of grading plans. 0 The applicant shall construct filter berms or other approved device for the temporary gravel entrance. The berms shall consist of a ridge of gravel placed across graded right -of -ways to decrease and filter runoff levels while permitting construction traffic to continue. The location of berms shall be incorporated into grading plans prior to the issuance of grading permits. The plans shall be reviewed and approved by the City Grading Engineer. • During grading and construction, the applicant shall provide a temporary sediment basin located at the point of greatest runoff from any construction area. The location of this basin shall be incorporated into grading plans. It shall consist of an embankment of compacted soils across a drainage. The basin shall not be located in an area where its failure would lead to a loss of life or the loss of service of public utilities or roads. The plan shall be reviewed and approved by the City Grading Engineer. • 0 Any recorded CC&Rs shall incorporate mandates to the Homeowner's Associations, commercial properties management and apartment management companies regarding: Fertilizer /Pesticide/Herbicide management practices Irrigation Management Practices Street sweeping requirements: vacuum truck, fall cleaning, etc. rxtusrr 1 Page 41 of 47. Signage and catch basin stencil maintenance. Annual distribution of informational brochures (see Mitigation Measures #77). These mandates shall be reviewed and approved by the City of Newport Beach prior to issuance of occupancy permits. • The City of Newport Beach, homeowners associations, and commercial • and apartment property management companies shall maintain legible stenciling on any catch basin that they maintain. Stenciling shall use selected letters and /or symbols approved by the City of Newport Beach notifying the reader that the catch basin drains to the Newport Bay and to warn against dumping. • Brochures (such as the 'Nonpoint Source Pollution' brochures published by the Orange County Flood Control District) shall be distributed at the time of initial sale or lease of residential and commercial properties. These brochures shall include a discussion of- - Impacts of improper solid waste practices and littering. - Proper use and management of fertilizers, herbicides and other harmful chemicals. - Impacts of dumping oil, antifreeze, pesticides, paints, solvents, etc. into storm drains. - Effective housekeeping practices such as use of bio- degradable cleaning compounds and adsorbents. - Benefits of preventing excessive erosion and sedimentation. - Benefits of proper landscaping practices - Benefits of minimizing non - stormwater runoff or adverse impacts of over - irrigation. These brochures shall be reviewed and approved by the City of Newport Beach prior to issuance of occupancy permits. The development areas defined as part of the project maximize the dedication of open space and thereby reduces the impermeable surfaces associated with the development of these sites. This will, therefore, increase absorption and minimize the incremental increase in urban pollutants in Newport Bay. Although the incremental increase in adverse transportation /circulation effects as a direct result of the project is considered minor, it is viewed as a cumulative significant impact within the context of on -going regional growth. This unavoidable significant effect is considered acceptable when balanced against the facts set forth in the Statement of Overriding Considerations. Other public agencies with jurisdiction to effect regional solutions to cumulative impacts identified in the Final EIR include the surrounding local cities, the County of Orange, the Southern California Association of Governments and the California Regional Water Quality Control Board. Public Services and Utilities • Significant Effect: The proposed project will result in an impact on fire protection services. rauuBrr 1 Page 42 of 47. Findings: 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. Specific economic, social, or other considerations make infeasible the project alternatives identified in the Final EIR. • Facts in Support of Finding: While the proposed project does not provide for the actual construction of a new fire station, a site has been identified and will be dedicated to the City which allows for the construction of a fire station. The City of Newport Beach is currently conducting a City -wide fire services study, which will assess the provision of fire and emergency services to the City and identify the optimal locations for fire stations. Subsequent to this study, the City may elect to construct a fire station on the San Diego Creek North parcel. IV. PROJECT ALTERNATIVES Anal sis Section 15126(d) of the CEQA Guidelines requires that an EIR describe "a range of reasonable alternatives to the project, or to the location of the project, which could feasibly attain the basic objectives of the project, and evaluate the comparative merits of the alternatives." Seven alternatives to the proposed project are evaluated in Section VI of the Final EIR. Two of the alternatives were further broken down into a number of sub - alternatives, for a total of 14 actual alternatives studied. These alternatives were developed with the intent of finding ways to avoid or reduce the environmental effects of the proposed project while attaining the basic objectives of the project, even if those alternatives might impede the attainment of other project objectives and might be more costly. The City Council has determined that all but one of these alternatives are infeasible, in that they would not satisfy the basic project objectives or they would not substantially reduce the environmental effects as compared to the proposed project, with exception of the no development alternative. A summary of the alternatives considered, along with an explanation of why each alternative was rejected is presented below. The Project Objectives are presented in Section II.A. & B., above. 1. No Project /No Development This alternative assumes that no residential, commercial, office or public facility development will occur on any of the sites. It also assumes that the sites will stay in private ownership until and unless the sites are acquired by the City of Newport Beach or another public or quasi -public entity. The no development alternative avoids certain environmental effects associated with development of the proposed project. It would also result in environmental effects which do not result if the project is approved. These effects are: • • The loss of funding for circulation system improvements which could cause unacceptable levels of traffic service on local roadways. • Loss of dedication of open space. EXHMrr 1 Page 43 of 47. • Potentially high costs to the City's General or Parks and Recreation funds if acquisition is mandated. This could affect the overall fiscal solvency of the City. • An adverse effect on the City's jobs /housing balance. • Increased cost to the City in obtaining a site for a new fire station. • • Continued erosion of the bluffs on Upper Castaways and Newporter North. Due to these adverse environmental effects which result from the alternative, it is not considered to be environmentally superior and is rejected by the City of Newport Beach on that basis. 2 No Project/No AUeement - Develonment Under Existing General Plan Under this alternative, the proposed Agreement would not be approved and development for each site would be pursued separately under the provisions of the General Plan Land Use Element. This alternative will result in all of the adverse impacts associated with the proposed project. The alternative would also result in the following additional adverse environmental effects: • Less land dedicated for open space and parks. • Loss of early circulation system improvement funding, including the advance of funds. • Development of an additional 162,000 square feet of office development. • Development of an additional 28 residential dwelling units. • 20% more traffic generation than the proposed project. • Significant adverse impact on the wetlands on the Jamboree /MacArthur site. Due to these adverse environmental effects which result from the alternative, it is not considered to be environmentally superior and is rejected by the City of Newport Beach on that basis. 3. Reduced Development - No Agreement This alternative would reduce the allowed development from the proposed project on Bayview Landing, Upper Castaways, Newporter North, and San Diego Creek South. This alternative would result in a greater amount of open space than the proposed project. Housing units would be reduced from 956 to 641. The reduction in development would reduce but not fully avoid the adverse effects of the proposed project. In addition, the following adverse effects would result from this alternative: • Less land dedicated for open space and parks. • Loss of early circulation system improvement funding, including the advance of funds. • • An adverse effect on the jobs /housing balance in the community with the resulting impact on air quality. This alternative was identified as environmentally superior to the proposed project. This alternative was rejected by the City of Newport Beach because the significant economic and social benefits of the proposed project outweigh the increased EX n)rF 1 Page 44 of 47. environmental effects, specifically, the actual dedication of significant open space to the City at no cost to the taxpayers and the advance funding of significant circulation system improvements. 4 Partial Transfer of Develonment from Newporter North to Newport Center (No Agreement) This alternative assumes that 92 of the 212 residential units are transferred from • Newporter North to Newport Center, either in Block 600 or Block 800. The transfer of dwelling units to Block 600 would require a General Plan Amendment because the area is designated for office uses. The primary intent of this alternative is to reduce or avoid impacts to the small fresh water wetland on the site near the intersection of Jamboree Road and Santa Barbara Drive. This alternative is rejected by the City of Newport Beach for two primary reasons. The site access point for a smaller residential development on Newporter North will still be at the existing intersection on Jamboree Road at Santa Barbara Drive. This is due to the fact that it is the best and most safe ingress /egress point. Grade differentials between the site and San Joaquin Hills Road or Back Bay Drive preclude access from either of these two roads. The distance between existing intersections and site distance limitations due to grade differentials and curves dictate the access point as proposed. Additionally, the project proponent has determined that the residential projects within Newport Center resulting from the transfer would be economically infeasible. This alternative with no agreement will result in the increased adverse environmen- tal, economic and social effects engendered by the other alternatives which assume no agreement. 5. Design Alternatives Three project design alternatives were analyzed, all of which would affect the uses on the Bayview Landing Site and one of which would also alter the development proposal on the Upper Castaways Site. Alternative A would replace the lower Bayview Landing use with an active park and transfer 30,000 sq.ft. of retail entitlement to Newport Center - Fashion Island. Alternative B would transfer the active park from Upper Castaways to Bayview Landing and increase the development area on the Upper Castaways for residential development. Alternative C would allow for senior citizen housing (120 units) on Bayview Landing and transfer 30,000 sq.ft. of retail entitlement to Newport Center - Fashion Island. Altemative A: The City of Newport Beach elects to adopt this alternative an environmentally superior alternative. Altemative B. The City of Newport Beach elects to adopt a variation of this alternative by placing the activity park on the Bayview Landing site and designate a portion of the Upper Castaways site for additional residential development in the form of an affordable senior citizen housing project as an environmentally superior alternative. Altemadfve C. The City of Newport Beach elects to adopt a variation of this • alternative. Senior Citizen housing facilities are needed in the City and are appropriate on the Castaways site due the proximity of the area to transit routes, medical services and shopping. Additional development in Fashion Island will increase the economic viability of the center. FXHIBrr 1 Page 45 of 47. 6 Alternative Agreement - Use of Funds for Open Space Acquisition This alternative would use the interest free loan for acquisition of parks and open space rather than for circulation system improvements. The City of Newport Beach rejects this alternative as infeasible because the findings to approve the project pursuant to the Traffic Phasing Ordinance cannot be made without the improvements which will be made with the circulation funds. Therefore, - the development agreement cannot be approved and the advance which is part of the agreement would not be made. 7. Design Alternatives Six design alternatives were rejected as infeasible through the environmental review process. These alternatives are: A: Intensification of residential development on Upper Castaways. B: Transfer of all development to Newport Center. C: Additional active park on Bayview Landing with night lights and on Newport Village. D: Alternative site access on Upper Castaways. E: Additional access on Upper Castaways. F: Alternate site access on Newporter North. The City of Newport Beach rejects alternatives 7.A. & B. Due to the fact that they would require significant amendments to the General Plan Land Use Element and would not reduce the environmental effects associated with the approval of the proposed project, as modified. The City of Newport Beach rejects alternative 7.C. due to the conflict of night lights with surrounding residential development near Bayview Landing, and incompatibility of active park development on Newport Village with the Newport Center Sight Plane. The City of Newport Beach rejects alternatives 7.D., E. & F. for specific public safety considerations. In each case the alternate access points were determined to be inadequate and unsafe by the consulting traffic engineers and the City's Public Works Department. Additional Alternative During the public review and hearing process an additional alternative was identified. This would provide for the dedication as neighborhood park and open space of the Newport Village site in exchange for maintenance of ownership by The Irvine Company of the portion of San Diego Creek North immediately adjacent to San Diego Creek. This alternative would not change the allowed land use of the San Diego Creek North site, but would allow The Irvine Company to utilize the area as mitigation for a portion of their obligation related to the construction of the San • Joaquin Hills Transportation Corridor. The dedication of the Newport Village site would be for local neighborhood park uses which would not result in the anticipated conflicts of an active recreation park as described in Alternative 7.C. In the consideration of the project and the alternatives to the project, the City Council has incorporated certain changes to the development standards in order to reduce the significant effects of the proposed project. These include eliminating the Eximrr 1 Page 46 of 47. grading encroachment of the development areas on Castaways and Newporter North, requiring compliance with site distance requirements as determined necessary by the City Traffic Engineer, giving the City broader discretion regarding the height limits on Castaways and Newporter North and requiring vehicular and pedestrian access to the parks on Castaways via 16th Street or Cliff Drive, if feasible.. Conclusion • On the basis of the information presented above, the City Council has determined that the project as modified will accomplish the project objectives while substantially reducing the environmental impacts of the project. The Statement of Overriding Considerations (Exhibit 2) presents the reasons why the City Council has determined that the proposed project should be approved, even though it will contribute to significant project related and cumulative effects that cannot be fully mitigated. • PLT:.. \rd \eir \E[R148.fnd ExHMrr 1 Page 47 of 47. EIIIiIBIT 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 the Circulation Improvement and Open Space Agreement Project are acceptable • and are clearly outweighed by specific social and other benefits of the project. The benefits of the proposed project which outweigh the unavoidable environmental risks are the following: 1. The proposed project is consistent with the General Plan and the Land Use Plan of the Local Coastal Program for most of the sites and as amended for the Bayview Landing site. 2. The proposed project will insure no development occurs on sensitive habitat areas of coastal bluffs and will preserve and provide access through park and open space dedications to ocean and bay views. 3. The proposed project will contribute $21.1 million dollars towards local and regional circulation improvements pursuant to the City's Fair Share Traffic Contribution Ordinance, development site frontage improvements and additional improvements pursuant to the Traffic Phasing Ordinance. A portion of these monies is in the form of an interest free loan which will be repaid by the City over a term of 20 years from 50% of collected fair share fees. If the loan is not repaid within the 20 year term, the outstanding balance is forgiven. The proposed project, as a result of this funding mechanism, will place the City in a superior position for competitive roadway improvement funds through the provision of a source of money for matching funds, and will also provide funds for the construction of roadway improvements for which there is no identified funding source. 4. The proposed project will result in the dedication of the Jamboree /MacArthur, San Diego Creek North and Newporter Knoll site in total, and partial dedication of Upper Castaways, Bayview Landing, Newporter North, Newport Village, Freeway Reservation East and San Diego Creek South. These dedications total 140 acres, which is 69 acres more than that envisioned in the General Plan. 5. The proposed project provides potential locations for senior citizen housing in the community. 6. The proposed project will provide affordable housing as required by the Newport Beach Housing Element. The proposed project will improve the jobs /housing balance in the community. 8. The approval of the agreement will lower the potential acquisition costs of the Upper Castaways and Newporter North sites due to the reduction of the allowable development area. 9. The development agreement provides a location for a new City fire station. • 10. The development agreement provides a location for a potential park and ride facility in close proximity to the HOV access lanes of the San Joaquin Hills Transportation Corridor. 11. The proposed project eliminates 162,000 sq.ft. of office development anticipated in the Newport Beach General Plan. 12. The proposed project eliminates 28 dwelling units anticipated in the Newport Beach General Plan. PLT: ... \ED \E1R \EIR148.ORC