HomeMy WebLinkAbout94-73 - Final EIR 182 - Balboa Bay Club ExpansionRESOLUTION NO. 94 -73
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF NEWPORT BEACH
CERTIFYING FINAL ENVIRONMENTAL IMPACT REPORT NO. 152
FOR THE BALBOA BAY CLUB EXPANSION AND REMODELING PLAN
WHEREAS, the City of Newport Beach proposes to approve the Balboa Bay
Club Expansion and Remodeling Plan, which includes the following discretionary actions:
1. Zoning Amendment No. 787
2. Use Permit No. 3524
3. Traffic Study No. 100
WHEREAS, in compliance with the California Environmental Quality Act
(California Public Resources Code Sec. 21000 et seq.) and the CEQA Guidelines (Cal. Code
of Regulations Sec. 15000 et seq.), Draft Environmental Impact Report (DEIR) No. 152 has
been prepared to address the environmental effects, mitigation measures, and project
alternatives associated with the discretionary approvals necessary to implement the proposed
project; and
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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, Final EIR 152 contains written responses to such comments as
required by CEQA; and
WHEREAS, the Planning Commission and the City Council of the City of
Newport Beach conducted public hearings to receive public testimony with respect to the
DEIR; and
• WHEREAS, Section 21081 of CEQA and Section 15091 of the CEQA
Guidelines require that the City Council make one or more of the following Findings prior
to the approval of a project for which an EIR has been completed, identifying one or more
significant effects of the project, along with Statements of Facts supporting each Finding:
FINDING 1: Changes or alterations have been required in, or
incorporated into, the project which mitigate or
avoid the significant environmental effects thereof
as identified in the EIR.
FINDING 2: Such changes or alterations are within the
responsibility and jurisdiction of another public
agency and not the agency making the Finding.
Such changes have been adopted by such other
agency or can and should be adopted by such
other agency.
FINDING 3: Specific economic, social or other considerations
make infeasible the mitigation measures or
• project alternatives identified in the EIR; and
WHEREAS, Section 15092 of the CEQA Guidelines 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 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 15093 (b) of the 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; and
WHEREAS, Section 21081.6 of CEQA requires, where an EIR has been
prepared for a project for which mitigation measures are adopted, that a mitigation
monitoring or reporting program be adopted for the project.
NOW, THEREFORE, BE IT RESOLVED that the City Council has reviewed
and considered Final Environmental Impact Report No. 152 for the Balboa Bay Club
Expansion and Remodeling Plan and does hereby certify that the Final EIR is complete and
adequate in that it addresses all known environmental effects of the proposed project and
fully complies with the requirements of the California Environmental Quality Act and the
CEQA Guidelines. Final EIR 152 is comprised of the following elements:
1. Draft EIR 152 and Technical Appendices
2. Comments Received on the DEIR and Responses to those Comments
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3. Planning Commission Staff Reports
4. Planning Commission Minutes
5. Planning Commission Findings and Recommended Conditions for
Approval
6. Mitigation Monitoring and Reporting Program
• All of the above information is on file with the Planning Department, City of
Newport Beach, City Hall, 3300 Newport Boulevard, Newport Beach, California 92659-
1768, (714) 644 -3225.
BE IT FURTHER RESOLVED that the Final EIR contains a reasonable
range of alternatives 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.
BE IT FURTHER RESOLVED that although the Final EIR identifies certain
significant environmental effects that will result if the proposed project is constructed, all
feasible mitigation measures that could eliminate or substantially reduce those adverse
effects have been included in the proposed project as described in the Final EIR.
BE IT FURTHER RESOLVED that the City Council finds and determines
that the proposed project should be approved. In making this determination, the City
Council has balanced the benefits of the project against its environmental risks, as required
by CEQA. Those alternatives and mitigation measures not incorporated into the project are
rejected as infeasible, based upon spec economic, social and other considerations as set
forth in the Statement of Findings and Facts, attached hereto as Exhibit A, and the Final
EIR. The facts listed in support of each Finding with respect to the significant impacts
identified in the Final EIR are true and are based upon substantial evidence in the record.
The unavoidable significant adverse impacts of the project, as identified in the Statement
of Findings and Facts, that have not been reduced to a level of insignificance will be
substantially reduced by the imposition of conditions and mitigation measures. The City
• Council further finds that the remaining unavoidable significant impacts are clearly
outweighed by the economic, social and other benefits of the project, as set forth in the
Statement of Overriding Considerations (Exhibit B), incorporated herein by reference. The
information contained in the Statement of Overriding Considerations is true and is
supported by substantial evidence in the record.
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BE IT FURTHER RESOLVED that the monitoring requirements of Public
Resources Code Sec. 21081.6 (AB 3180 of 1988) will be met through the design of the
project, required compliance with City building, grading, and other codes and ordinances,
and required compliance with the adopted mitigation measures and conditions of approval.
A Mitigation Monitoring and Reporting Program for the project is attached as Exhibit C
• and incorporated herein by reference.
BE IT FURTHER RESOLVED that Final EIR 152, the Statement of
Findings and Facts, and the Statement of Overriding Considerations, and all of the
information contained therein accurately reflect the independent judgement of the City
Council.
BE IT FURTHER RESOLVED that considering the record as a whole there
is no evidence before this agency that the proposed project will have the potential for an
adverse effect on wildlife resources or the habitat upon which wildlife depends. On the
basis of the evidence in the record, this agency finds that the presumption of adverse effect
contaned in Section 753.5(d) of Title 14 of the California Code of Regulations (CCR) has
been. rebutted. Therefore, the proposed project qualifies for a De Minimis Impact Fee
Exemption pursuant to Section 753.5(c) of Title 14, CCR.
ADOPTED THIS 25th day of July . 1994.
AT TEST:
CITY CLERK J 77
Attachments:
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4OW Exhibit A Statement of Findings and Facts
Exhibit B: Statement of Overriding Considerations
Exhibit C: Mitigation Monitoring and Reporting Program
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Exhibit A
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SIGNIFICANT ENVIRONMENTAL EFFECT'S WHICH CANNOT BE AVOIDED IF
THE PROPOSED PROJECT IS IMPLEMENTED, FINDINGS WITH RESPECT TO
SAID EFFECT'S AND STATEMENT OF FACTS IN SUPPORT THEREOF, ALL WITH
RESPECT TO THE PROPOSED CERTIFICATION OF AN ENVIRONMENTAL
IMPACT REPORT (EIR) AND APPROVAL OF A TRAFFIC STUDY PURSUANT TO
THE CITY OF NEWPORT BEACH TRAFFIC PHASING ORDINANCE FOR THE
• BALBOA BAY CLUB EXPANSION AND REMODELING PROJECT, CITY OF
NEWPORT BEACH, CALIFORNIA.
The California Environmental Quality Act (CEQA) and the State CEQA Guidelines
(Guidelines) promulgated pursuant thereto provide:
"No public agency shall approve or carry out a project for which an EIR has been
completed which identifies one or more significant environmental effects of the
project unless the public agency makes one or more written findings for each of those
significant effects accompanied by a brief explanation of the rationale for each
finding. The possible findings are:
1. Changes or alterations have been required in, or incorporated into, the project
which avoid or substantially lessen the significant environmental effect as
identified in the Final EIR.
2. Such changes or alterations are within the responsibility and jurisdiction of
another public agency and not the agency making the finding. Such changes
have been adopted by such other agency or can and should be adopted by
such other agency.
3. Specific economic, social, or other considerations make infeasible the
mitigation measures or project alternatives identified in the Final EIR
(Section 15091 of the Guidelines)."
Redevelopment of the Balboa Bay Club facilities will increase building square footage from
approximately 155,303 square feet to 189,000 square feet on 8.17 acres of the 1259 total
acres of the property; no change in use is proposed. Total building square footage increases
from 402,705 to 436,402 square feet. This includes 247,402 square feet attributable to the
existing Terrace Apartments on site, which will not change as a result of the project. The
project includes a change of zone from R-4 "Multiple Residential District" to PC "Planned
Community" zoning in order to establish site and project specific standards tailored to the
proposed Balboa Bay Club Expansion and Remodeling Project. The actions taken by the
City Council of the City of Newport Beach include the certification of Final EIR No. 152
and approval of a zone change, use permit, and a traffic study pursuant to the Traffic
Phasing Ordinance. The City Council has approved this project and determined that the
Final EIR is complete and has been prepared in accordance with CEQA and the
Guidelines. The findings set forth are herein made:
Ultimate development of the project will result in certain significant unavoidable adverse
impacts on the environment in the areas of air quality, traffic and circulation, noise, and
public services and utilities, as indicated below and in the Final EIR. With respect to those
impacts, the City Council of the City of Newport Beach makes the findings as stated on the
following pages.
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Based on the initial Study, the Final EIR, and the substantial evidence contained in the
administrative record, it has been determined with certainty that no significant impact to the
environment will occur in the following areas. The reason for the finding of no significant
impact in these areas is that the site includes no significant elements which would cause the
following impacts, and /or the project raises no issues regarding these impacts.
EARTH •
Unstable earth conditions or changes in geologic substructures.
• Change in topography or ground surface relief features.
• The destruction, covering or modification of any unique geologic or physical features.
• Increase in wind or water erosion of soils, either on- or off -site.
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.
• Exposure of people or property to geologic hazards such as earthquakes, landslides,
mudslides, ground failure, or similar hazards.
AIR
The creation of objectionable odors.
Alteration of air movement, moisture, or temperature, or any change in climate,
either locally or regionally.
WATER
• Changes in currents, or the course of direction of water movements, in either marine
or fresh waters.
• Alterations to the course or flow of flood waters.
Change in the amount of surface water in any water body.
Discharge into surface waters, or in any alteration of surface water quality, including
but not limited to temperature, dissolved oxygen or turbidity.
• Alteration of the direction or rate of flow of ground water.
Change in the quantity of ground waters, either through direct additions or
withdrawals, or through interception of an aquifer by cuts or excavations.
• Substantial reduction in the amount of water otherwise available for public water
supplies.
• Exposure of people or property to water related hazards such as flooding or tidal
waves.
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PLANT LIFE
• Change in the diversity of species or numbers of any species of plants (including
trees, shrubs, grass and aquatic plants).
• Reduction of the numbers of any unique, rare or endangered species of plants.
Introduction of new species of plants into an area, or as a barrier to the normal
replenishment of existing species.
Reduction in acreage of any agricultural crop.
• ANIMAL LIFE
Change in the diversity of species, or numbers of any species of animals (birds, land
animals including reptiles, fish and shellfish, benthic organisms or insects).
• Reduction of the numbers of any unique, rare or endangered species of animals.
Introduction of new species of animals into an area, or any resultant barrier to the
migration or movement of animals.
Deterioration to existing fish or wildlife habitat.
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• A substantial alteration of the present or planned land use of an area, or conflict
with existing land use regulations or policies.
NATURAL RESOURCES
Increase in the rate of use of any natural resources.
RISK OF UPSET
• 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.
• Possible interference with an emergency response or evacuation plan.
POPULATION
Alteration of the location, distribution, density, or growth rate of the human
population of an area.
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Affect existing housing or create a demand for additional housing.
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TRANSPORTATION /CIRCULATION
Alterations to present patterns of circulation or movement of people and /or goods.
• Alteration of waterborne, rail or air traffic.
• Increase in traffic hazards to motor vehicles, bicyclists or pedestrians.
PUBLIC SERVICES
• Effect upon, or result in a need for, new or altered governmental services in the •
areas of schools, parks or other recreational facilities, and maintenance of public
facilities including roads, or other governmental services.
ENERGY
• Result in the use of substantial amounts of fuel or energy, a substantial increase in
demand upon existing sources of energy, or require the development of new sources
of energy.
HUMAN HEALTH
Result in the creation of any health hazard or exposure of people to a potential
health hazard (excluding mental health).
CULTURAL RESOURCES
• Result in the alteration or destruction of a prehistoric or historic archaeological site.
• Result in adverse physical or aesthetic effects on any prehistoric or historic building,
structure or object.
• Potential to cause a physical change which would affect unique ethnic cultural values.
• Restrict existing religious or sacred uses within the potential impact area.
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Based on the information contained in the Initial Study, the Final EIR, and the substantial
evidence contained in the administrative record, it has been determined that the following
potentially significant impacts will be reduced to a level of insignificance with the imposition
of the mitigation measures contained in the Final EIR as enumerated below:
AIR QUALITY
• A. Significant Effect
The project will result in increased emissions from motor vehicles and the
combustion of natural gas for space heating and the generation of electricity.
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.
The significant effects have been reduced to a level of insignificance by virtue of the
Existing City Policies and Standard Conditions and Mitigation Measures identified
in the Final EIR and incorporated into the project. These measures include the
following:
1. The project shall comply with the requirements of South Coast Air Quality
Management District Regulation XV, which is intended to reduce vehicular
travel in the region.
B. Significant Effect
Temporary impacts to air quality will result from construction activities, including
emission of air pollutants from construction equipment and dust generation during
grading and site preparation and odors during excavation and dewatering.
Finding
1. Changes or alterations have been required in, or incorporated into, the project
which avoid or substantially lessen the significant environmental effect as
identified in the Final EIR.
Facts in Support of Finding
The significant effects have been reduced to a level of insignificance by virtue of the
Existing City Policies and Standard Conditions and Mitigation Measures identified
in the Final EIR and incorporated into the project. These measures include the
following:
1. Construction operations shall utilize methods to reduce pollutant emissions
to the greatest extent feasible. Such methods may include the following:
a. Use of low- emission construction equipment;
b. Rideshare program and incentives for construction employees;
C. Suspend grading operations during first and second stage smog alerts;
d. Maintain construction equipment with properly tuned engines;
e. Use of low- sulfur for stationary construction equipment
f. Use of on -site power instead of portable generators;
g. Coordinate construction operations to minimize traffic interference.
2. Prior to the issuance of a grading permit, the Director, Building Department,
shall approve and ensure the implementation of, a dust control program in
compliance with South Coast Air Quality Management District Rule 403 shall
be implemented during demolition, excavation and construction. This
program shall include such measures as: containing soil on -site until it is
hauled away, periodic watering of stockpile soil, and regular vacuum sweeping
of streets used for the haul operation to remove accumulated material.
3. Prior to the issuance of the grading permit, the Director, Building Department
shall ensure that grading operations shall be suspended when wind speeds (as
instantaneous gusts) exceed 25 miles per hour.
HYDROLOGY AND WATER QUALITY
A. Significant Effect
Drainage patterns associated with the existing project will change as a result of the
proposed development.
1. Changes or alterations have been required in, or incorporated into, the project
which avoid or substantially lessen the significant environmental effect as
identified in the Final EIR.
indine
The significant effects have been reduced to a level of insignificance by virtue of the
Existing City Policies and Standard Conditions and Mitigation Measures identified
in the Final EIR and incorporated into the project. These measures include the
following:
1. Existing on -site drainage facilities shall be improved to the satisfaction of the
City of Newport Beach City Engineer prior to the issuance of a building
permit. A hydrology and hydraulic study and a master plan of water, sewer
and storm drain for on -site improvements shall be prepared by the applicant
and approved by the Public Works Department prior to the issuance of
building permits. Any modifications to the existing storm drain system shall
be the responsibility of the developer.
B. Shmifcant Effect
Demolition, grading and construction activities associated with the project have the
potential for polluting surface runoff and may contribute to groundwater pollution.
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.
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The significant effects have been reduced to a level of insignificance by virtue of the
Existing City Policies and Standard Conditions and Mitigation Measures identified
in the Final EIR and incorporated into the project. These measures include the
following:
1. Prior to the issuance of a precise grading permit, the developer shall submit
a Notice of Intent to comply with the terms of the General Permit to
Discharge Storm Water Associated with Construction Activity to the
California State Water Resources Control Board. Evidence that coverage
• under the General Permit has been obtained shall be presented to the
Director, Public Works, City of Newport Beach, prior to the issuance of any
grading or building permits.
2. Prior to issuance of a precise grading permit, the developer shall submit a
Water Quality Management Plan (WQMP) identifying the Best Management
Practices (BMPs) that will be used on -site to control predictable pollutant
runoff. These plans shall identify the types of structural and non - structural
measures to be used as specified in the Best Management Practices for New
Development Appendix to the Orange County Drainage Area Management
Plan, the locations of structural BMPs, and assignment of long -term
maintenance responsibilities, all in a manner meeting the approval of the
Public Works Director.
3. Prior to the issuance of a grading permit, the Director, Building Department
shall ensure that the grading plan includes a complete plan for temporary and
permanent drainage facilities to minimize any potential impacts from silt,
debris, and other water pollutants. Prior to issuance of building permits, said
improvements shall be constructed in a manner meeting the approval of the
Director, Building Department, City of Newport Beach.
4. The project sponsor or his successor shall ensure that driveways and parking
lots in the project shall be swept at least monthly using a vacuum -type
sweeper.
5. Prior to the issuance of an occupancy permit, a landscape plan, prepared by
a licensed landscape architect, which includes a maintenance program that
controls the use of fertilizers and pesticides, shall be reviewed by the City of
Newport Beach General Services Department, and shall be approved by the
Planning and Public Works Departments. The plan shall include an irrigation
system designed to avoid surface runoff and over - watering. Prior to the
issuance of an occupancy permit, a licensed landscape architect shall certify
to the Planning Department that the landscaping has been installed in
accordance with the approved plan.
C. Significant Effect
Dewatering activities and /or subdrain systems may generate discharge into Newport
Bay.
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.
WAR
The significant effects have been reduced to a level of insignificance by virtue of the
Existing City Policies and Standard Conditions and Mitigation Measures identified
in the Final EIR and incorporated into the project These measures include the
following:
1. Prior to the issuance of a grading permit, the developer shall obtain either a
National Pollutant Discharge Elimination System (NPDES) Permit or a Waste
Discharge Requirements (WDR) permit, as required, from the Santa Ana
Regional Water Quality Control Board for dewatering during construction.
2. Prior to the issuance of an occupancy certificate, the Director, Building .
Department shall ensure that all outfalls into the bay shall have flapgates
attached to the storm drain outlets to serve as a backflow prevention device.
3. All storm drain facilities in the project and not located on public rights -of -way
shall be cleaned and maintained by the Balboa Bay Club operator as
reasonably necessary, but not less frequently than once per year prior to
October 1.
4. Prior to the issuance of building permits, the City Engineer shall ensure that
drainage facilities are designed to remove oil and grease from run -off prior
to discharge into the public storm drains. The project sponsor or his
successor shall maintain such facilities on a regular basis.
NOISE
A. Simificar t Effect
Temporary noise impacts will occur as a result of construction noise, which includes
the use of construction equipment and construction vehicles, and from dewatering
and the continuous concrete pour for the construction of the subterranean parking
lots.
1. Changes or alterations have been required in, or incorporated into, the project
which avoid or substantially lessen the significant environmental effect as
identified in the Final EIR.
Facts in Support of Finding
The significant effects have been reduced to a level of insignificance by virtue of the
Existing City Policies and Standard Conditions and Mitigation Measures identified
in the Final EIR and incorporated into the project. These measures include the
following:
1. Prior to the issuance of any grading permits, the project proponent shall
produce evidence acceptable to the Director, Building Department, City of
Newport Beach that:
a. All construction vehicles or equipment, fixed or mobile, operated
within 1,OW of a dwelling shall be equipped with properly operating
and maintained mufflers.
b. All operations shall comply with the City Noise Ordinance.
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C. Stockpiling and /or vehicle staging areas shall be located as far as
practicable from dwelling units.
2. During construction, inspectors of the Building Department shall ensure that
construction activities shall be conducted in accordance with the City of
Newport Beach Municipal Code, which limits the hours of construction and
excavation work to 7:00 am. to 6:30 p.m. on weekdays, 8:00 a.m. to 6:00 p.m.
on Saturdays, and 10:00 a.m. to 6:00 p.m. on Sundays and holidays.
3. If necessary, the applicant shall apply for a waiver of the City noise abatement
regulations to allow for dewatering and, if needed, pouring of the foundation.
• Electric pumps shall be required for dewatering equipment to reduce noise
levels. The continuous concrete pour shall be scheduled outside of the peak
traffic period, to the extent possible, and shall encompass no more than one
night time period.
4. At the time the City approves the requested waiver of City noise abatement
regulations to allow for dewatering and pouring of the foundation, the City
Engineer shall determine if it is necessary to require barriers of baffles to
reduce noise from construction equipment so as not to exceed 50 dBA at the
property lines. If required, the applicant shall install such measures prior to
beginning any activities for which a waiver was granted.
B. Significant Effect
Potential noise impacts from project operation (including live music, truck deliveries
and parking lot noise) may be experienced by residences directly east of the project.
Finding
1. Changes or alterations have been required in, or incorporated into, the project
which avoid or substantially lessen the significant environmental effect as
identified in the Final EIR.
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The significant effects have been reduced to a level of insignificance by virtue of the
Existing City Policies and Standard Conditions and Mitigation Measures identified
in the Final EIR and incorporated into the project. These measures include the
following:
1. Prior to the issuance of a building permit, the Building Department shall
ensure that any mechanical equipment and emergency power generators shall
be screened from view, and noise associated with said structures shall be
sound attenuated so as not to exceed 55 dBA at the property lines. The latter
shall be based upon the recommendations of a qualified acoustical engineer
and approved by the Building Department.
2. The project proponent or his successor shall ensure that loading dock
activities are restricted as follows:
a. Loading dock deliveries shall occur only between the hours of 8:00
a.m. and 5:00 p.m.
b. No trucks larger than 35 feet shall make deliveries to the site.
C. All truck deliveries shall enter and exit through the eastern driveway
and shall not utilize the aisle adjacent to the Bayshores area
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C. SitmificanLEfkd
The project site is impacted by noise in excess of 70 dBA generated by traffic on
West Coast Highway.
1. Changes or alterations have been required in, or incorporated into, the project
which avoid or substantially lessen the significant environmental effect as
identified in the Final EIR.
Facts in Support of Finding •
The significant effects have been reduced to a level of insignificance by virtue of the
Existing City Policies and Standard Conditions and Mitigation Measures identified
in the Final EIR and incorporated into the project. These measures include the
following:
1. Prior to the issuance of building permits, the Director, Building Department,
shall ensure that 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, which range from 45 dBA for hotels to 55 dBA for restaurants.
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A. Slenincant EB3<ct
The project may impact natural resources as outlined in the Conservation of Natural
Resources Element of the City of Newport Beach as a result of dewatering activities
during construction.
F.indi®B
1. Changes or alterations have been required in, or incorporated into, the project
which avoid or substantially lessen the significant environmental effect as
identified in the Final EIR.
Facts in Su000rt of Finding
The significant effects have been reduced to a level of insignificance by virtue of the
Existing City Policies and Standard Conditions and Mitigation Measures identified
in the Final EIR and incorporated into the project. These measures include the
following:
1. (See Mitigation Measures listed under Hydrology and Water Quality.)
B. Significant Effect
The project could conflict with Local Coastal Program policies regarding public
access and recreation.
1. Changes or alterations have been required in, or incorporated into, the project
which avoid or substantially lessen the significant environmental effect as
identified in the Final EIR.
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The significant effects have been reduced to a level of insignificance by virtue of the
Existing City Policies and Standard Conditions and Mitigation Measures identified
in the Final EIR and incorporated into the project These measures include the
following:
1. The Planned Community Development Plan shall include a Public Access
Plan as provided in Exhibit 21 and Exhibit 22. Prior to issuance of any
occupancy permit, public pedestrian walkways, parking areas and directional
• signage shall be installed in conformance with the Public Access Plan Public
access areas shall remain open at all times, including during construction of
subsequent project phases, unless it is determined by the Building Director
that access would create a public safety hazard.
TRAFFIC AND CIRCULATION
A. Significant Effect
Implementation of the proposed project will warrant a traffic signal at the
intersection of Balboa Bay Club Drive and Coast Highway.
Findines
1.. Changes or alterations have been required in, or incorporated into, the project
which avoid or substantially lessen the significant environmental effect as
identified in the Final EIR.
Facts in SimDort of Find!
The significant effects have been reduced to a level of insignificance by virtue of the
Existing City Policies and Standard Conditions and Mitigation Measures identified
in the Final EIR and incorporated into the project. These measures include the
following:
1. A traffic signal shall be installed on Coast Highway at the main entrance to
the Balboa Bay Club prior to the commencement of demolition or
construction. If the traffic signal is installed by another party in connection
with a separate project, the Balboa Bay Club shall reimburse said party the
amount of one -half of the cost of installation of the traffic signal. Further, the
Balboa Bay Club shall provide an easement for the installation of
underground metal detectors in connection with the traffic signal at such time
when the installation is proposed.
2. Prior to the issuance of grading permits, the City Engineer shall ensure that
the intersection of West Coast Highway and the main entrance drive and
easterly drive shall be designed to provide sight distance for a speed of 50
miles per hour and sidewalk bicycle traffic. Slopes, landscape, walls and other
obstructions shall be considered in the sight distance requirements.
Landscaping within the sight line shall not exceed 24 inches in height. The
sight distance requirement may be modified at non - critical locations, subject
to approval of the Traffic Engineer.
B. Significant Effect
The proposed project will generate 80 AM peak hour and 30 PM peak hour trip ends
beyond that generated by the existing development.
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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.
The significant effects have been reduced to a level of insignificance by virtue of the
Existing City Policies and Standard Conditions and Mitigation Measures identified
in the Final EIR and incorporated into the project. These measures include the
following: •
1. Pursuant to Chapter 15.45 of the Newport Beach Municipal Code (Fair Share
Traffic Contribution Ordinance), the applicant shall contribute funds towards
traffic and circulation improvements prior to the issuance of a building permit.
C. Significant Effect
During construction, temporary impacts to parking and traffic could occur.
Findings
1. Changes or alterations have been required in, or incorporated into, the project
which avoid or substantially lessen the significant environmental effect as
identified in the Final EIR.
Facts in Support of Findings
The significant effects have been reduced to a level of insignificance by virtue of the
Existing City Policies and Standard Conditions and Mitigation Measures identified
in the Final EIR and incorporated into the project. These measures include the
following:
The Building Department shall ensure that no construction equipment storage
on West Coast Highway or deliveries or off - loading will be made in the West
Coast Highway right -of -way. The sidewalk along West Coast Highway shall
be kept open at all times except when being repaired or replaced.
PUBLIC SERVICES AND UTILITIES
A. Slanificant Effect
Some increased demands as a result of the proposed project will occur to the
following public services: police, fire, water, sewer and transit.
1. Changes or alterations have been required in, or incorporated into, the project
which avoid or substantially lessen the significant environmental effect as
identified in the Final EIR.
2. Such changes or alterations are within the responsibility and jurisdiction of
another public agency and not the agency making the finding. Such changes
have been adopted by such other agency or can and should be adopted by
such other agency.
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The significant effects have been reduced to a level of insignificance by virtue of the
Existing City Policies and Standard Conditions and Mitigation Measures identified
in the Final EIR and incorporated into the project. These measures include the
following:
1. Prior to the issuance of a building permit, the Building Department shall
ensure that, based on a fire flow requirement for sprinklered facilities of this
nature, the following existing connections shall be upsized to provide for 2,000
gallons per minute fire flow (subject to Fire Department review and approval
of design plans):
Upsize the connection at Coast Highway from 6 inches to 12 inches
and install an 8 -inch meter;
Upsize the connection at Bayshore Drive from 4 inches to 8 inches and
install a 6 -inch meter.
2. Prior to the issuance of building permits, the Fire Department shall review
design plans to determine the adequacy of emergency access. The
Department may require indoor fire protection features, such as overhead fire
sprinklers, if it determines that such measures are necessary to provide
adequate fire protection.
3. Prior to the issuance of a building permit, the Building Department shall
ensure that the facility installation will conform to applicable Public Utilities
Commission regulations. The applicant shall comply with adopted state
energy conservation standards per §51451 -1542 of Title 20 of the California
Administrative Code and I SP 20 -1451 through P 20.1452 of Title 24 of the
Code.
4. Prior to the issuance of occupancy permits, the Building Department shall
ensure that final design of the project shall provide for the incorporation of
water - saving devices for project lavatories and other water -using devices.
5. Water improvement plans shall be approved by the Fire Department, the
Utilities Department and the Public Works Department, City of Newport
Beach, prior to issuance of a grading permit.
6. Prior to the issuance of a building permit, the Utilities Department shall
ensure that the water distribution and appurtenances shall conform to the
applicable laws and adopted regulations enforced by the Orange County
Health Department and the Utilities Department.
7. Prior to the issuance of an occupancy permit, the Planning Department shall
ensure that drought- resistant vegetation shall be used in landscaping to reduce
the demand for irrigation water in accordance with the City's Landscaping
Ordinance of 1992 (Municipal Code 514.17).
8. All proposed sewer improvements shall be approved by the Director, Public
Works, City of Newport Beach prior to installation.
9. If determined to be necessary by the City Traffic Engineer, a bus turnout shall
be provided on West Coast Highway. The area adjacent to the bus turnout
shall include a paved passenger waiting area complete with a bus shelter and
bench. A paved, lighted and handicapped accessible pedestrian accessway
shall be provided between this stop and the project buildings prior to the
issuance on an occupancy permit.
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10. A concrete bus pad sufficient to support the weight of a bus (see OCTD's
"Design Guidelines for Bus Facilities ") shall be provided at the transit stop if
it is determined by CalTrans that the material used to construct Coast
Highway is not sufficient to support continued transit use of the bus stop.
The determination of need as well as installation shall be made prior to the
issuance of an occupancy permit.
11. Prior to issuance of any grading or building permits for the site, the applicant
shall demonstrate to the satisfaction of the Director of Public Works
Department that adequate sewer facilities will be available for the project
Such demonstration shall include verification from the Orange County
Sanitation District and the City's Utilities Department.
12. Prior to issuance of building or grading permits, a master plan of water and
sewer facilities shall be prepared and approved by the Director of Public
Works. The applicant shall verify the adequacy of existing water and sewer
facilities and construct any modification of facilities necessary for the project
The master plan shall include provision for the relocation of existing water
and sewer facilities.
AESTHETICS
A. Siynincant Effect
The proposed project, together with other development along Coast Highway,
incrementally increases the visual intensity of development and potentially alters
some views and vistas to the ocean due to the different orientation of the new
structures.
Findine
1. Changes or alterations have been required in, or incorporated into, the project
which avoid or substantially lessen the significant environmental effect as
identified in the Final EIR.
The significant effects have been reduced to a level of insignificance by virtue of the
Existing City Policies and Standard Conditions and Mitigation Measures identified
in the Final EIR and incorporated into the project. These measures include the
following:
1. All mechanical equipment and trash areas shall be screened from public
streets, alleys and adjoining properties.
2. Signage and exterior lighting shall be designed so as to confine all direct light
rays to the property, and shall be approved by the Planning and Public Works
Departments.
3. Any street signs, benches, planters and other similar facilities in the public
right of way shall be designed in conformance with City standard plans and
design criteria. Any such plans shall be approved by the Planning and Public
Works Departments, and may require encroachment agreements and /or
permits, prior to the issuance of an occupancy permit.
4. Prior to the issuance of a building permit, the Building Department shall
ensure that roof -top equipment shall be screened from view of upslope
properties.
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5. Any existing overhead utilities serving new or remodeled structures on the
project site shall be placed underground to the satisfaction of the Public
Works Department prior to the issuance of an occupancy permit.
6. The Edison transformer serving the site shall be located outside the sight
distance plans as described in City Standard 110-L prior to the issuance of an
occupancy permit.
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Findings
1. The project has been designed in a manner so as to provide the greatest public
involvement in the planning and CEQA process.
2. The following provides a brief description of project alternatives.
3. The alternatives were rejected in favor of the current project proposal.
4. The rationale for rejection of each alternative is provided below.
5. The rejection rationale is supported by the public record including, but not limited
to, the Certified Final EIR.
NO PROJECT ALTERNATIVE
The No Project Alternative provides for no new development on the site and would result
in the continued use and operation of the Balboa Bay Club as it currently exists.
Findings
Specific economic, social, or other considerations make infeasible the No Project Alternative
described in the Final EIR in that:
1. The No Project Alternative would not provide increased physical and visual public
access to Newport Bay.
2. The No Project Alternative would negate the opportunity to modernize the site in
terms of architectural features, energy efficiency, public and private recreational
facilities, increased on -site parking, and landscaped grounds.
3. The No Project Alternative would not achieve benefits to the City in terms of
increased transient occupancy tax, property tax, sales tax, and additional lease
payments.
REDUC1 ON IN COMMERCIAL SQUARE FOOTAGE ALTERNATIVE
The Reduction in Commercial Square Footage Alternative provides for a decrease in the
amount of commercial square footage requested.
Findings
Specific economic, social, or other considerations make infeasible the Reduction in Square
Footage Alternative described in the Final EIR in that:
1. The Reduction in Commercial Square Footage Alternative may preclude expansion
and improvements planned for the public and private recreational facilities on site.
2. The Reduction in Commercial Square Footage Alternative would not be consistent
with the project objectives and would not provide an economically feasible means to
redevelop the property.
3. The Reduction in Commercial Square Footage Alternative would result in reduced
revenues to the City in terms of sales tax, property tax, transient occupancy tax, and
lease payments.
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NO PROJECT /PUBLIC ACCESS ALTERNATIVE
The No Project /Public Access Alternative provides for no new development on the site, but
would provide increased public access to Newport Bay.
Findings
Specific economic, social, or other considerations make infeasible the No Project /Public
Access Alternative described in the Final EIR in that:
1. The feasibility of the No Project /Public Access Alternative is doubtful because the
Bay Club has an existing, valid lease, and the City cannot require the Club to
increase public access without renegotiation of the existing lease. While an eminent
domain action could be considered, the public's access to waterfront in the City is
among the best in the state, and a significant public need in this particular area has
not been demonstrated. In addition, an eminent domain action would result in
financial liability to the City that would not be offset by increased revenues.
2. The City benefits from the increased revenues and attractiveness of the Bay Club as
renovated under the redevelopment /site plan. Since an increase in public access
pursued as an independent item presents significant practical, economic and legal
obstacles, the City has rejected this alternative.
OFF -SITE LOCATION ALTERNATIVE
The Off -Site Location Alternative would provide for the proposed project either at another
site within the City of Newport Beach or at a site outside the City.
Findinas
Specific economic, social, or other considerations make infeasible the No Project /Public
Access Alternative described in the Final EIR in that:
1. The project is an expansion of an existing facility with established identity for its
proximity to adjacent Newport Bay. No sites with similar existing uses and proximity
to Newport Bay are known to exist.
2. The distinctiveness of the Club's locale is a part of the marketing program and is
essential to its economic viability. As an established and well known recreational
facility, its location within the City of Newport Beach is essential.
3. Alternative sites may exist in nearby marinas such as Huntington Harbour or Dana
Point Harbor. Since International Bay Clubs, Inc. is a lessee of the subject property,
the feasibility of leasing an alternative site is possible. However, the project objective
of the redevelopment of an established facility is not feasible if relocated to another
location. The project objectives are based on the past uses of the site, which are
principally derived from the site location on the bay, the aquatic orientation of the
uses and the nature of the club's social functions. The primary objective is to provide
for a continuation of the existing uses on the site. Alternative site locations may exist
but would not achieve the project objectives and are therefore infeasible.
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The following effects are those determined by the City of Newport Beach to be significant
environmental effects which cannot be avoided if the project is implemented. All significant
environmental effects that can be feasibly avoided have been eliminated or substantially
lessened by virtue of mitigation measures identified in the Final EIR and incorporated into
the project as set forth above. The remaining, unavoidable significant effects are acceptable
when balanced against the facts set forth in the Statement of Overriding Considerations,
giving greater weight to the remaining, unavoidable environmental effect
AIR QUALITY 0
• The additional vehicular traffic generated by the proposed project will incrementally
contribute to the cumulative degradation of the ambient air quality.
TRAFFIC AND CIRCULATION
The proposed project will generate 80 AM peak hour and 30 PM peak hour trip ends
over that generated by existing development on site. This additional traffic, while not
significant on an individual project basis, would contribute to a cumulative adverse
impact.
INI M of
As a result of cumulative increases in vehicular traffic on Coast Highway related to
this and other development projects in the area, ambient noise levels will experience
an incremental increase.
PUBLIC SERVICES AND UTILITIES
A number of public services and utilities, including police, fire, water, sewer, and
transit will experience some increased demands due to the intensification of uses
represented by the project.
-I /
Exhibit B
STATEMENT OF OVERRIDING CONSIDERATIO NC
The California Environmental Quality Act (CEQA) 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 Council of the City of Newport Beach finds that
the mitigation measures discussed in Exhibit 1 will, when implemented, mitigate or
substantially reduce most of the significant effects identified in the Final EIR.
Nonetheless, certain significant cumulative environmental impacts of the project are
unavoidable even after incorporation of all feasible mitigation measures. For such effects,
the City Council has balanced the benefits of the project against such unavoidable adverse
. environmental risks in approving it. In this regard, the City Council hereby finds that all
feasible mitigation measures identified in the Final EIR have been and will be implemented
with the project and that the previously identified significant unavoidable effects are
acceptable due to the following specific economic, social, and other considerations, including
but not limited to project benefits, based upon the facts set forth above, in the Final EIR,
and in the administrative record of the consideration of this project.
1. The project will increase the opportunity for greater public access and provide
additional public and private recreational opportunities for local residents. Since
1948 the Balboa Bay Club has operated as a private facility for use by members only.
The expansion and remodeling of the Club will for the first time allow members of
the public to utilize the facilities, including public access to the bayfront, overnight
accommodations and recreational uses. Further, a view corridor has been included
in the project which will enhance views to the Bay from Coast Highway by
approximately 300 feet.
2. The project will provide increased opportunities for economic return to the City.
The expansion of the Club facilities and utilization by the public will provide the City
with increased revenues in the form of transient occupancy tax, property tax, sales
tax, and additional lease payments.
3. The proposed project will contribute to a fair share of local and regional roadway
improvements, specifically the City's Fair Share Traffic Contribution Ordinance. This
will allow for necessary improvements for roadways throughout the City, such as
Coast Highway.
4. The proposed project is consistent with other existing uses in the vicinity of the
project and the community in general. The density and intensity of the project are
appropriate. Further, the proposal will provide an architecturally aesthetic project
that upgrades the area while blending into the existing neighborhood.
M
EX Mrr "C'
MITIGATION MONITORING AND REPORTING PROGRAM
Balboa Bay Club Expansion and Remodeling Plan
[EIR No. 152]
I. OVERVIEW
This mitigation monitoring program was prepared in compliance with Public Resources
Code Section 21086.6 (AB 3180 of 1988). It describes the requirements and procedures to
be followed by the applicant and the City to ensure that all mitigation measures adopted as
• part of this project will be carried out The attached table summarizes the adopted
mitigation measures, implementing actions, and verification procedures for this project.
H. MITIGATION MONITORING PROCEDURES
Mitigation measures can be implemented in three ways: (1) through project design, which
is verified by plan check and inspection; (2) through compliance with various codes,
ordinances, policies, standards, and conditions of approval which are satisfied prior to or
during construction and verified by plan check and /or inspection; and (3) through
monitoring and reporting after construction is completed. Compliance monitoring
procedures for these three types of mitigation measures are summarized below.
A. Mitigation measures implemented through project design.
Upon project approval, a copy of the approved plans will be placed in the official
project file. As part of the review process for all subsequent discretionary or
ministerial permits, the file will be checked to verify that the requested permit is in
conformance with the approved plans and project description. Field inspections will
verify that construction conforms to approved plans.
B. Mitigation measures implemented through compliance with codes, ordinances,
policies, standards, or conditions of approval:
Upon project approval, a copy of the approved project description and conditions of
approval will be placed in the official project file. As part of the review process for
all subsequent discretionary or ministerial permits, the file will be checked to verify
that the requested permit is in compliance with all applicable codes, ordinances,
policies, standards and conditions of approval. Field inspections will verify that
construction conforms to all applicable standards and conditions.
C. Mitigation measures implemented through post- construction monitoring.
If any mitigation measures require verification and reporting after construction is
completed, the City will maintain a log of these mitigation monitoring and reporting
requirements, and will review completed monitoring reports. Upon submittal, the
City will approve the report, request additional information, or pursue enforcement
remedies in the event of noncompliance. Final monitoring reports will be placed in
the official file.
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