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HomeMy WebLinkAbout95-128 - Final EIR 154 Corona del Mar PlazaRESOLUTION NO. 95 -128 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH CERTIFYING FINAL ENVIRONMENTAL IMPACT REPORT NO. 154 FOR THE EAST COAST HIGHWAY/MACARTHUR BOULEVARD • RETAIL CENTER PROJECT (Corona del Mar Plaza) WHEREAS, the City of Newport Beach proposes to approve the East Coast Highway/MacArthur Boulevard project (aka Corona del Mar Plaza), which includes the following discretionary actions: 1. General Plan Amendment No. 95 -2(C) 2. Zoning Amendment No. 835 3. Traffic Study No. 101 4. Site Plan Review No. 74 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. 154 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 WHEREAS, the DEIR was circulated to the public for comment and review, and WHEREAS, written comments were received from the public during and after the review period; and by CEQA; and WHEREAS, Final EIR 154 contains written responses to such comments as required 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 DEK 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 Final EIR 154 Certification Resolution Corona del Mar Plaza Page 1 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 Elk • 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. 154 for the Coast Highway/MacArthur Retail Project (aka Corona del Mar Plaza) project and does hereby certify that the Final EIR is complete and Final EIR 154 Certification Resolution Corona del Mar Plaza Page 2 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 154 is comprised of the following elements: 1. Draft EIR 154 and Technical Appendix • 2. Comments Received on the DEIR and Responses to those Comments 3. Planning Commission Staff Reports 4. Planning Commission Minutes 5. Planning Commission Findings and Recommended Conditions for Approval 6. Mitigation Monitoring and Reporting Program (Exhibit C, attached to this resolution) 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 could 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 specific 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 fisted 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 Final EIR 154 Certification Resolution Corona del Mar Plaza Page 3 0 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. BE rr 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 154, the Statement of Findings and Facts, and the Statement of Overriding Considerations, and all of the information contained therein accurately reflect the independent judgment of the City Council. BE rr 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 contained 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 Mlnimis Impact Fee Exemption pursuant to Section 753.5(c) of Title 14, CCR. ADOPTED THIS 27th day of Nov., 1995. KNOWN i LoilwasimmW Attachments: - -A&J MAYOR Exhibit A: Statement of Findings and Facts Exhibit B: Statement of Overriding Considerations Exhibit C: Mitigation Monitoring and Reporting Program F:IW P51\PLANN1NGl I CC-RP7 1951I271CDM- PLZA\RES- FEIR.DOC Final EIR 154 Certification Resolution Corona del Mar Plaza Page 4 ,J 0, - -A&J MAYOR Exhibit A: Statement of Findings and Facts Exhibit B: Statement of Overriding Considerations Exhibit C: Mitigation Monitoring and Reporting Program F:IW P51\PLANN1NGl I CC-RP7 1951I271CDM- PLZA\RES- FEIR.DOC Final EIR 154 Certification Resolution Corona del Mar Plaza Page 4 EXHIBIT A STATEMENT OF FINDINGS AND FACTS COAST HIGHWAY /MACARTHUR BOULEVARD RETAIL PROJECT SIGNIFICANT ENVIRONMENTAL EFFECTS OF THE PROPOSED PROJECT, FINDINGS WITH RESPECT TO SAID EFFECTS, AND STATEMENTS OF FACT IN SUPPORT THEREOF, ALL WITH RESPECT TO THE PROPOSED COAST HIGHWAY /MACARTHUR BOULEVARD RETAIL PROJECT LOCATED IN THE CITY OF NEWPORT BEACH, CA I. INTRODUCTION The California Environmental Quality Act ( "CEQA ") at Public Resources Code Section 21081 provides that: "(No) public agency shall approve or carry out a project for which an environmental impact report has been certified which identifies one or more significant effects on the environment that would occur if the project is approved or carried out unless both of the following occur: (a) The public agency makes one or more of the following findings with respect to each significant impact: (1) Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant effects on the environment. (2) Those changes or alterations arewithin the responsibility of another public agency and have been, or can and should be, adopted by that other agency. (3) Specific economic, legal, social, technological, or other considerations make infeasible the mitigation measures or alternatives identified in the environmental impact report. (b) With respect to significant effects which are subject to a finding under paragraph (3) of subdivision (a), the public agency finds that specific overriding economic, legal, social, technological, or other benefits of the project outweigh the significant effects on the environment." Exhibit A Statement of Findings and Fads Coast Highway /MacArthur Boulevard Retail Project Page t 3� In making the findings required by Section 21081, the public agency must base its findings on substantial evidence in the record. Final EIR No. 154 for the Coast Highway /MacArthur Boulevard Retail Project and related discretionary actions, identified significant environmental impacts prior to mitigation that may occur as a result of the project. Thus, in accordance with the provisions of CEQA, the City Council of the City of Newport Beach hereby adopts these findings as part of its action to certify Final EIR No. 154 and approve the Coast Highway /MacArthur Boulevard Retail • Project. A Mitigation Monitoring and Report Program has been prepared to monitor and report the implementation of the mitigation measures identified for the project. The Mitigation Monitoring and Report Program was developed in compliance with Public Resources Code Section 21081.6 and is contained in a separate document. Findings regarding significant adverse environmental impacts are included below and addressed in more detail in the Statement of Overriding Considerations. II. DESCRIPTION OF THE PROTECT PROPOSED FOR APPROVAL Consistent with the intent of CEQA, CEQA Guidelines, and of relevant judicial interpretations of CEQA, the "project" addressed in the Coast Highway /MacArthur Boulevard Retail Project EIR is defined to include the construction of a proposed specialty retail center on an approximately 10 -acre project site. These activities are under the jurisdiction of the City of Newport Beach as Lead Agency, including issuance of grading permits as well as the review and approval of discretionary planning actions, permits necessary for project implementation. The following discussion describes the proposed project: Retail Proiect Development The proposed specialty retail center will be constructed on approximately 10 acres within Planning Area 5 of the Newport Village Planned Community (PC). The center will consist of a maximum of 105,000 square feet of gross leasable area. Although specific uses within the retail center have not been identified, they could include a specialty food market, specialty retail stores and restaurants. The proposed development will utilize an existing entry on Avocado Avenue and a second access proposed along MacArthur Boulevard. At such time as warrants are met, a traffic signal will be constructed at the Avocado access location; a signal at the MacArthur Boulevard access will not be implemented. Exhibit A Statement of Findings and Facts Coast Highway /MacArthur Boulevard Retail Project Page 2 3`7 For purposes of analyzing potential environmental impacts, the existing General Plan and Planned Community District zoning which permitted the construction of the Newport Beach Museum expansion was analyzed as a project alternative (i.e., No Project/Adopted General Plan and Planned Community). Other potentially feasible projects which were analyzed as alternatives included: (1) No Development; (2) Office/Professional Development; (3) Medium Density Residential Development; (4) Conference Center; (5) Different Retail Mix; and (6) Design Alternative for MacArthur Boulevard Access. Section IV of this document provides findings relative to these Project Alternatives. 111. FINDINGS ON SIGNIFICANT IMPACTS OF THE PROPOSED PROIECT • A. LAND USE AND RELEVANT PLANNING 1. IMPACT: Short -term Impacts from Construction - Related Activities: Potential disruptive impacts associated with noise, dust, and construction equipment air pollutants, possible traffic interference, and visual impacts could create a short -term nuisance to library patrons. FINDING: Changes or alterations have been required in, or incorporated into the project, or are otherwise being implemented which substantially mitigate or avoid the significant effects on the environment as summarized above and described in detail in Chapter 4.0, Section 4.1 of the EIR. FACTS IN SUPPORT OF THE FINDING: Potentially significant impacts related to land use and relevant planning identified above can be substantially reduced by mitigation measure listed below, and as contained in the EIR: 1) The applicant shall prepare a construction access plan in order to maintain safe access to the library during construction. That plan shall address the specific means by which nuisances to library patrons such as construction noise (e.g., adherence to the City's Noise Element), dust creation (e.g., adherence to SCAQMD Rule 403), air emissions, visual effects (e.g., screening) and traffic interference (e.g., provision of cones and /or flagmen) resulting from construction of the proposed project will be abated. The construction access plan shall be approved by the Public Works Department prior to approval of the grading permit. Exhibit A Statement of Findings and Facts Coast Highway /MacArthur Boulevard Retail Project Page 3 ► All significant environmental effects have been substantially lessened by virtue of the measure described above and other mitigation measures, standard conditions and uniform codes, and other measures mandated by regulatory agencies (e.g., AQMD, etc.) identified in these Findings. No significant, unavoidable impacts will remain after implementation of the mitigation measure. B. TRANSPORTATION AND CIRCULATION • 1. IMPACT: ► Short -term Impacts from Construction- Related Activities: Potential traffic interference caused by construction vehicles could create a short-term nuisance to library patrons. ► FINDING: Changes or alterations have been required in, or incorporated into the project, or are otherwise being implemented which substantially mitigate or avoid the significant effects on the environment as summarized above and described in detail in Chapter 4.0, Section 4.2 of the EIR. ► FACTS IN SUPPORT OF THE FINDING: Potentially significant impacts related to land use and relevant planning identified above can be substantially reduced by mitigation measures listed below, and as contained in the EIR: 1) The applicant shall prepare a construction access plan in order to maintain safe access to the library during construction. That plan shall address the specific means by which nuisances to library patrons such as construction noise (e.g., adherence to the City's Noise Element), dust creation (e.g., adherence to SCAQMD Rule 403), air emissions, visual effects (e.g., screening) and traffic interference (e.g., provision of cones and /or flagmen) resulting from construction of the proposed project will be abated. The construction access plan shall be approved by the Public Works Department prior to approval of the grading permit. 2) Construction employees shall park their vehicles in designated parking areas on the project site or on other Irvine Company property, not on Avocado Avenue. Exhibit A Statement of Findings and Facts Coast Highway /MacArthur Boulevard Retail Project Page 4 3� ► All significant environmental effects have been substantially lessened by virtue of the measures described above. The construction access plan will specifically identify haul routes, ingress and egress to the site, construction staging, dust suppression, etc., which effectively eliminate the potential conflicts cited above to library patrons. No significant, unavoidable impacts will remain after implementation of the required mitigation measures. 2. IMPACT • ► Long -Term Proiect- Related Impacts at Key Intersections: Without signalization, the outbound left -turn movement onto Avocado Avenue will operate at LOS "E" during the afternoon peak hour. This impact will occur only under "non- signalized" conditions. ► FINDING: Changes or alterations have been required in, or incorporated into the project, or are otherwise being implemented which substantially mitigate or avoid the significant effects on the environment as summarized above and described in detail in Chapter 4.0, Section 4.2 of the EIR. ► FACTS IN SUPPORT OF THE FINDING: Potentially significant impacts related to land use and relevant planning identified above can be substantially reduced by mitigation measure listed below, and as contained in the EIR: 1) The project proponent shall install a traffic signal on Avocado Avenue at the access driveway to the project site. ► All significant environmental effects have been substantially lessened by virtue of the measure described above which will facilitate traffic operations along Avocado Avenue in accordance with the City's Traffic Phasing Ordinance. No significant, unavoidable impacts will remain after implementation of the required mitigation measure. Exhibit A Statement of Findings and Facts Coast Highway /MacArthur Boulevard Retail Project Page 5 `,4O C. NOISE IMPACT ► Noise from Project - Related Traffic: As indicated in the discussion of land use, construction activities will generate noise which could be disruptive to library patrons. In addition, the potential exists for traffic noise to be intrusive or disruptive • within the proposed retail structures on the project site. ► FINDING: Changes or alterations have been required in, or incorporated into the project, or are otherwise being implemented which substantially mitigate or avoid the significant effects on the environment as summarized above and described in detail in Chapter 4.0, Section 4.3 of the EIR. FACTS IN SUPPORT OF THE FINDING: Potentially significant impacts related to land use and relevant planning identified above can be substantially reduced by mitigation measure listed below, and as contained in the EIR: 1) Prior to the issuance of building permits, a detailed interior noise study shall be completed for all buildings within the project that are adjacent to East Coast Highway and MacArthur Boulevard to confirm that interior noise levels will comply with the stated guidelines for office, retail, and restaurant spaces. 2) Construction and excavation work shall be limited to 7:00 a.m. to 8:00 p.m. on weekdays and Saturdays, and at no time on Sundays and holidays, in accordance with the City's Noise Element. All significant environmental effects have been substantially lessened by virtue of the measure described above. No significant, unavoidable impacts will remain after implementation of the required mitigation measure. D. AIR QUALITY IMPACT Short -term Impacts from Construction - Related Activities: Although not considered a significant impact, grading and Exhibit A Statement of Findings and Facts Coast Highway /MacArthur Boulevard Retail Project Page 6 4k construction associated with the proposed project will result in the generation of fugitive dust and other pollutant emissions. ► FINDING: Changes or alterations have been required in, or incorporated into the project, or are otherwise being implemented which substantially mitigate or avoid the significant effects on the environment as summarized above and described in detail in Chapter 4.0, Section 4.4 of the EIR. ► FACTS IN SUPPORT OF THE FINDING: Potentially significant • impacts related to land use and relevant planning identified above can be substantially reduced by mitigation measures listed below, and as contained in the EIR: 1) Traffic speeds on all unpaved road surfaces shall be reduced to 15 miles per hour or less. A reduction in travel speeds to 15 miles per hour on unpaved road surfaces will reduce particulate emissions from this activity by approximately 40 to 70 percent. 2) Grading operations shall be suspended during first and second stage smog alerts. 3) All grading operations shall be suspended when wind speeds (as instantaneous gusts) exceed 25 miles per hour. 4) On -site power sources shall be provided during the early stages of the project and utilize existing power sources (e.g., power poles) or clean fuel generators rather than temporary power generators. 5) (Construction) operations which may affect traffic shall be scheduled to occur at off -peak hours, where feasible. 6) A (construction) traffic plan shall be developed to minimize traffic flow interference from construction activities. The plan may include such components as an advance public notice of routing, uses of public transportation and satellite parking areas with a shuttle service. ► All significant environmental effects have been substantially lessened by virtue of the measures described above. These measures are consistent with those prescribed by the SCAQMD and the City of Newport Beach and will reduce construction- Exhibit A Statement of Findings and Facts Coast Highway /MacArthur Boulevard Retail Project Page 7 eta related impacts to a less than significant level. No significant, unavoidable impacts will remain after implementation of the required mitigation measures. 2. IMPACT ► Long -term Project - Related Emissions: Project- related source emissions will result in exceedences in TOG /ROG and NOx thresholds as established by the SCAQMD. These increases • will exacerbate the existing adverse ambient conditions within the SCAB which is currently identified as a "non- attainment" area. ► FINDING: Changes or alterations have been required in, or incorporated into the project, or are otherwise being implemented which substantially mitigate or avoid the significant effects on the environment as summarized above and described in detail in Chapter 4.0, Section 4.4 of the EIR. ► FACTS IN SUPPORT OFTHE FINDING: Potentially significant impacts related to land use and relevant planning identified above can be substantially reduced by mitigation measures listed below, and as contained in the EIR: 1) The applicant shall assist the City in implementing Transportation Demand Management measures related to the proposed project. Such measures shall include coordinating transit services to the development through provision of bus stops, transit stops, shuttle stops, bus shelters and turnouts, and bicycle/transit interface. 2) The applicant shall provide mitigation for secondary source emissions (i.e., emissions associated with stationary sources within the development). During design review and prior to issuance of building permits, the City of Newport Beach shall assure confirmation that the measures have been incorporated to the maximum extent feasible. 3) The applicant shall install energy efficient lighting which provides high light output per watt of electricity consumed. Exhibit A Statement of Findings and Facts Coast Highway /MacArthur Boulevard Retail Project Page 8 LIE ► All significant environmental effects have been substantially lessened by virtue of the measures described above. Identified impacts may not be reduced to a level that is not less than significant, however. ► FINDING: The measures prescribed above will significantly reduce long -term project related impacts. In addition, it is likely that the project would shorten existing and /or "capture" future retail trips which would be longer and, therefore, reduce mobile- source emissions created by the longer trips. Although • these measures, combined with the reduction in trip length will substantially reduce vehicular emissions, the site is located in a "non- attainment" area and the incremental increase, albeit small, constitutes an unavoidable significant adverse impact. Specific economic, legal, social, technological, or other considerations make infeasible mitigation measures identified in the EIR and /or project alternatives as described in Chapter 6.0 of the EIR, in that: ► FACTS IN SUPPORT OF THE FINDING: Anyremaining unavoidable adverse impacts are acceptable when compared to, and balanced against the facts set forth above and in the Statement of Overriding Considerations. 1) It is not considered realistic or probable that the site should remain vacant if the proposed project were not approved. 2) The environmentally superior alternative (i.e., Office/Professional Development) also results in significant unavoidable adverse impacts because the project site is located in a "non- attainment area." E. CULTURAL /SCIENTIFIC RESOURCES 1. IMPACT ► Facts from Construction - Related Activities: The potential destruction of archaeological resources by grading and /or excavation of the project site for development can be considered a significant adverse impact. Exhibit A Statement of Findings and Facts Coast Highway /MacArthur Boulevard Retail Project Page 9 4'� ► FINDING: Changes or alterations have been required in, or incorporated into the project, or are otherwise being implemented which substantially mitigate or avoid the significant effects on the environment as summarized above and described in detail in Chapter 4.0, Section 4.7 of the EIR. ► FACTS IN SUPPORT OF THE FINDING: Potentially significant impacts related to land use and relevant planning identified above can be substantially reduced by mitigation measures • listed below, and as contained in the EIR: 1) Prior to issuance of grading permits for any construction on the Newport Village site, an archaeological records search shall be conducted by a qualified archaeologist to determine whether proposed activities would encroach upon or otherwise adversely impact the previously recorded Locus A or B of CA- Ora -167. 2) If it is determined that proposed activities would affect CA -Ora -167, the following specific procedures shall be implemented: CA- Ora -167: Locus A a) A survey of the site area shall take place during which time surface materials shall be flagged in order to identify the horizontal surface boundaries of the locus. b) Following identification of the surface extent of any cultural resources, a five square meter grid system shall be laid out that encompasses all flagged material. c) Using the grid system, all flagged material shall be systematically collected. d) After collection of surface materials, two to three units measuring one square meter shall be placed within the grid system to provide the limits of the vertical distribution of the cultural material and identify its subsurface integrity. e) Following completion of the subsurface units, a series of hand -dug postholes shall be placed in the site to further define its subsurface horizontal distribution. Exhibit A Statement of Findings and Facts Coast Highway /MacArthur Boulevard Retail Project Page 10 (�S f) All material recovered from surface collection and subsurface units shall be analyzed and catalogued. g) If sufficient shellfish remains are recovered from the subsurface, at least two samples shall be submitted for carbon -14 dating. h) The results of the test program, including methodology, analysis of recovered material, and recommendations, if necessary for further work shall be documented in a • report. i) All of the above work shall be undertaken by an archaeologist on the Orange County List of Certified Archaeological Consultants. CA- Ora -167: Locus B a) Because of the suspected disturbed nature of Locus B, an approved archaeologist shall be present during the initial grading phase at the location previously identified as that of Locus B. If a significant subsurface deposit is uncovered during the grading, the project applicant shall be prepared to have the material evaluated and if need be permit the introduction of a limited test -level investigation. ► All significant environmental effects have been substantially lessened by virtue of the measures described above. No significant, unavoidable impacts will remain after implementation of the required mitigation measures. 2. IMPACT ► Impacts from Construction - Related Activities: The potential destruction of paleontological resources by grading and /or excavation of the project site for development can be considered a significant adverse impact. ► FINDING: Changes or alterations have been required in, or incorporated into the project, or are otherwise being implemented which substantially mitigate or avoid the significant effects on the environment as summarized above and described in detail in Chapter 4.0, Section 4.7 of the EIR. Exhibit A Statement of Findings and Facts Coast Highway /MacArthur Boulevard Retail Project Page 11 EN ► FACTS IN SUPPORT OF THE FINDING: Potentially significant impacts related to land use and relevant planning identified above can be substantially reduced by mitigation measures listed below, and as contained in the EIR: 1) Prior to issuance of grading permits for any construction on the Newport Village site, a paleontological records search shall be conducted by a qualified paleontologist to determine whether proposed activities would adversely affect scientific • resources which may exist on the subject property. 2) Prior to the issuance of a grading permit, the project applicant shall provide written evidence to the City of Newport Beach that a qualified paleontologist has been retained to observe grading activities and salvage and catalogue fossils as necessary. The paleontologist shall be present at the pre - grading conference, shall establish procedures for paleontological resource surveillance, and shall establish, in cooperation with the project developer, procedures for temporarily halting or redirecting work to permit sampling, identification, and evaluation of the fossils. If major paleontological resources are discovered, which require -long- term halting or redirecting of grading, the paleontologist shall report such findings to the project developer and to the City of Newport Beach. The paleontologist shall determine appropriate actions, in cooperation with the project developer, which ensure proper exploration and /or salvage. Excavated finds shall be offered to the City of Newport Beach, or its designee, on a first - refusal basis. The applicant may retain said finds if written assurance is provided that they will be properly preserved in Orange County, unless said finds are of special significance, or a museum in Orange County indicates a desire to study and/or display them at the time, in which case items shall be donated to the City, or designee. These actions, as well as final mitigation and disposition of the resources, shall be subject to the approval of the City of Newport Beach. Prior to the issuance of a precise grading permit, the paleontologist shall submit a follow -up report for approval by the City which shall include the period of inspection, a catalogue and analysis of the fossils found, and present repository of the fossils. Exhibit A Statement of Findings and Fads Coast Highway /MacArthur Boulevard Retail Project Page 12 �s"I ► All significant environmental effects have been substantially lessened by virtue of the measures described above. No significant, unavoidable impacts will remain after implementation of the required mitigation measures. IV. FINDINGS REGARDING ALTERNATIVES TO THE PROPOSED PROIECT CEQA 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 to evaluate the comparative merits of the alternatives. Section 15126(d)(1) of the CEQA Guidelines states that the "... discussion of alternatives shall focus on alternatives to the project or its location which are capable of avoiding or substantially lessening any significant effects of the project, even if these alternatives would impede to some degree the attainment of the project objectives, or would be more costly." The proposed project has been compared to several alternative development scenarios, including the No Project alternative as prescribed by CEQA. These alternatives include. (1) No Project (Adopted General Plan /Planned Community); (2) No Development; (3) Conference Center; (4) Residential Development; (5) Off ice/Professional Development; (6) Different Retail Mix; and (6) Alternative Site Location (Corporate Plaza West). In addition, an alternative which proposed a "modified" alignment for the MacArthur Boulevard access was also analyzed. The analysis contained within the EIR concludes that with the exception of project - related air emissions which contribute to the South Coast Air Basin's "non- attainment area" status, the proposed project will not result in any long -term project- specific significant adverse impacts which cannot be mitigated to a less than significant level. Further, the potential impacts of the proposed project itself have not been found to significantly impact any sensitive environmental resource which might be avoided by development at another location. The following discussion summarizes the potential environmental consequences and highlights the comparative merits associated with each alternative analyzed in the EIR. The project, as proposed, represents the culmination of the planning process associated with a General Plan Amendment, zone change (i.e., Zoning District Regulations), and the site plan. The project proponent has applied for these plans which were approved by the Planning Commission and City Council of the City of Newport Beach. The project has been refined to the City's specifications during the course of public review. The project incorporates comments and review from the following: Analysis of the project by the staff of various City departments; 2. Analysis of the project by the Newport Beach Planning Commission and City Council; Exhibit A Statement of Findings and Facts Coast Highway /MacArthur Boulevard Retail Project Page 13 4� Responses to the Notice of Preparation; 4. Responses to Comments on the Draft EIR; and 5. Input from a series of meetings conducted by the project sponsor with area homeowners, the business owners in the Corona Del Mar business district; and various associations throughout the formulation and public review of the project. • A. NO PROJECT (ADOPTED GENERAL PLAN /PLANNED COMMUNITY) The No Project alternative involves the development of a 100,000 square foot museum, consistent with the Planned Community District land use regulations adopted for the Newport Village PC.' This land use scenario was analyzed in Final EIR #149 (SCH #91411011) which as prepared for the Newport Center Library Exchange and approved by the City of Newport Beach in January 1992. This alternative would not require any planning approvals from the City of Newport Beach because it is consistent with the existing General Plan land use designation and the existing Newport Village PC development intensity. SUMMARY OF MAJOR ENVIRONMENTAL EFFECTS Implementation of the No Project alternative will result in a project that is consistent with both the existing Land Use Element of the Newport Beach General Plan and the adopted Planned Community zoning adopted for the Newport Village PC. Based on the appropriate trip generation rate specified in the City's traffic model, the museum proposed for this alternative would generate only 3,200 trips daily, 4,220 fewer trips than the proposed project, resulting in a less than significant impact on the existing and future circulation system. Further, this alternative would not require the provision of an access along MacArthur Boulevard. Potential noise and air quality impacts would be less than the proposed project because of the significant reduction in vehicular trips which would result from the construction of a 100,000 square foot museum; however, ROG and NOx emissions will still exceed the criteria established for those pollutants and the potential air quality impacts will remain significant even after mitigation. Finally, although the design, scale and massing of a museum could be significantly different from the structures proposed for the specialty retail center, impacts associated with a 100,000 square foot museum are anticipated to be similar to those identified and analyzed for the proposed project. 2. PROIECT OBIECTIVES: Implementation of the art museum alternative would not fulfill the project objectives. 3. FEASIBILITY: When the Newport Village Planned community was adopted, the site was identified as the future site of the Newport Harbor Art Museum. However, since the adoption of the Newport Village PC, the Museum has Exhibit A Statement of Findings and Facts Coast Highway /MacArthur Boulevard Retail Project Page 14 "CA abandoned its plans to construct a new facility and instead has elected to renovate the existing museum and expand its facilities into the existing old library site on San Clemente Drive. Therefore, the implementation of this alternative is no longer considered feasible by the Newport Harbor Art Museum. 4. COMPARATIVE MERITS: While the museum alternative would reduce traffic- related impacts, its implementation is considered unlikely and would not meet the project objectives established by the applicant and City of Newport Beach for the site. is 5. FINDINGS ► The No Project (Adopted General Plan /Planned Community) alternative would neither meet the objectives of the project proponent and/or City of Newport Beach for development of the subject property nor would it result in a significantly lesser degree of adverse impacts to the environment than the proposed project. ► The Museum has abandoned its plans to construct a new facility on the subject property. ► The unavoidable significant adverse effects of the proposed project (i.e., air quality) are the same as for the No Project alternative. ► After mitigation, the remaining significant unavoidable effects of the project (i.e., air quality) are acceptable when balanced against facts set forth in preceding Findings and in the Statement of Overriding Considerations. B. NO DEVELOPMENT In this alternative, the 10 -acre site would remain undeveloped through the anticipated buildout period (i.e., 2010). 1. SUMMARY OF MAIOR ENVIRONMENTAL EFFECTS: As a result of no development and the site remaining vacant, none of the environmental consequences identified in Chapters 4.0 or 6.0 of the EIR would occur. 2. PROTECT OBJECTIVES: The project objectives would not be met by implementing the No Development alternative. Exhibit A Statement of Findings and facts Coast Highway /MacArthur Boulevard Retail Project Page 15 3. FEASIBILITY: Implementation of the No Development alternative would involve no alterations to the site in the short-term. However, it is unlikely that the property owner would maintain the site as such in the future and would probably seek development entitlements at a later date or sell the property to another developer with similar objectives in mind. Another option is for the City to buy the property and maintain it as open space in perpetuity. However, no such offer has been made by the City, the property owner has not indicated a willingness to sell it, and it is not currently being • considered as a feasible alternative to private development of the property. 4. COMPARATIVE MERITS: The No Development alternative has very little merit since development will eventually occur on the project site and some level of environmental impact will ultimately result. Neither the project objectives nor of the benefits identified in the Statement of Overriding Considerations would be realized with this alternative. 5. FINDINGS ► Given the location of the subject property and the acknowledgement by the City's General Plan that future development of the site is anticipated, the No Development alternative will only temporarily avoid the potential impacts described in Chapters 4.0 and 6.0 of the EIR. ► The No Development alternative would not meet the objectives of either the project proponent nor the City of Newport Beach. ► After mitigation, the remaining significant unavoidable effects of the project (i.e., air quality) are acceptable when balanced against facts set forth in the preceding Findings and in the Statement of Overriding Considerations. C. CONFERENCE CENTER This alternative development scenario involves the construction of a 100,000 square foot conference center. 1. SUMMARY OF MAIOR ENVIRONMENTAL EFFECTS The adopted Newport Village PC and Land Use Element designation of the City's General Plan will not accommodate a conference center. Therefore, similar to the proposed project, development of a conference center would necessitate both a General Plan Amendment and zone change. The 100,000 square foot conference that would be permitted under this development scenario would result in the generation of approximately 3,200 vehicle trips Exhibit A Statement of Findings and Facts Coast Highway /MacArthur Boulevard Retail Project Page 16 5t per day, or approximately 43 percent of the total trips generated by the proposed project. These trips, when distributed onto the circulation system, would likely still incrementally impact at the MacArthur Boulevard /San Miguel Drive intersection. Although noise and air quality impacts would be reduced, based on the reduction in vehicular trips, some pollutant emissions will still exceed the thresholds established by the SCAQMD and result in significant unavoidable adverse impacts, even after the implementation of mitigation measures, similar to the proposed project. Finally, potential aesthetic impacts would be similar to those described for the proposed project; however, the nature and extent of such potential impacts would relate directly to the massing and location of any proposed structures while would not be permitted to extend above the established vertical building • envelope. 2. PROIECT OBIECTIVES: Implementation of the conference center alternative could potentially fulfill the project objectives related to providing a land use that would be consistent with the character of the surrounding community. In terms of providing a commercially viable and marketable product, however, a conference center would not likely fulfill such objectives. 3. FEASIBILITY: Although there may be other sites within the City which are feasible locations for a conference center, such a use on the subject property is likely infeasible due to the lack of adjacent hotels and other ancillary support facilities and services associated with a conference. Considering the abundance of hotels with conference facilities in Newport Beach and nearby Irvine, a conference center that does not have hotel accommodations could be at a disadvantage when compared to the full range of services offered by established hotels. 4. COMPARATIVE MERITS: While the conference center alternative would reduce traffic- related impacts, it would not meet the project objectives, it would not reduce the already less than significant impacts of the proposed project, and its feasibility would be determined by the outcome of a market analysis of similar facilities in the area. 5. FINDINGS ► Although the Conference Center alternative could possibly meet some of the objectives of the project proponent and /or City of Newport Beach for development of the subject property, it would not result in a significantly lesser degree of adverse impacts to the environment than the proposed project. ► The unavoidable significant adverse effects of the proposed project (i.e., air quality) are the same as for the Conference Center alternative. Exhibit A Statement of Findings and Facts Coast Highway /MacArthur Boulevard Retail Project Page 17 sa ► After mitigation, the remaining significant unavoidable effects of the project (i.e., air quality) are acceptable when balanced against facts set forth in preceding Findings and in the Statement of Overriding Considerations. D. RESIDENTIAL DEVELOPMENT The Residential Development alternative assumes development of the site with single - family • attached residential development at a density of 15 dwelling units per acre (i.e., medium density). Based on the gross site are of approximately 10 acres, a total of 150 residential dwelling units could be constructed on the subject property. 1. SUMMARY OF MAIOR ENVIRONMENTAL EFFECTS The adopted Newport Village Planned Community and Land Use Element of the City's General Plan will not accommodate residential development on the site. Therefore, similar to the proposed project, development of the site in a residential land use will necessitate both a General Plan Amendment and zone change. The 150 dwelling units which would be permitted under this development scenario would generate approximately 1,300 vehicle trips per day, or approximately 18 percent of the total trips generated by the proposed project. These trips, when distributed onto the circulation system, will not adversely affect the 20 intersections analyzed. It is likely, however, that 150 dwelling units would require a secondary access for emergency purposes. If so, such an access would likely be taken along the MacArthur Boulevard frontage in a similar location at that proposed for the specialty retail. Implementation of the Residential Development alternative would result in less significant noise impacts and the significant unavoidable adverse air quality impacts would result if this alternative were implemented would be eliminated. In addition, the introduction of 150 residential dwelling units in the jobs rich sub -area would seemingly benefit the regional jobs/housing balance. Impacts associated with a single - family attached residential development at a density of 15 du /ac are anticipated to be similar to those identified for the proposed project. 2. PROIECT OBIECTIVES: Residential development could potentially meet the project objectives of providing a viable, marketable use that will be compatible with the community character. However, residential units would create demand for additional public services and facilities. 3. FEASIBILITY: The feasibility of the Residential Development alternative would depend on the applicant's willingness to implement such an alternative and the City's willingness to allow such a land use on the project site. Issues of financial feasibility would be subject to the outcome of a market study. The site is better suited for a non - residential use, as suggested by the existing General Plan land use designation. Its access to major arterials and to the Exhibit A Statement of Findings and Facts Coast Highway /MacArthur Boulevard Retail Project Page 18 Corona del Mar Commercial District are characteristics of the site which support the non - residential land use designation. 4. COMPARATIVE MERITS: Fewer environmental impacts associated with traffic noise, air quality, and overall land use compatibility make this alternative a comparatively superior alternative to the proposed specialty retail center and most of the other alternatives analyzed for the subject property. However, this alternative is ranked lower than the environmentally superior Office/Professional Development. 5. FINDINGS • After mitigation, the remaining significant unavoidable effects of the project (i.e., air quality) are acceptable when balanced against facts set forth in preceding Findings and in the Statement of Overriding Considerations. OFFICE /PROFESSIONAL DEVELOPMENT This development alternative assumes the implementation of a 100,000 square foot office/professional project on the site. SUMMARY OF MAIOR ENVIRONMENTAL EFFECTS Similar to the proposed project and several of the alternatives analyzed in the EIR, this development scenario would necessitate the adoption of a General Plan Amendment and zone change to accommodate such a land use. The 100,000 square foot officelprofessional center that would be permitted in this alternative would result in the generation of approximately 2,300 vehicular trips per day, or approximately 31 percent of the total trips generated by the proposed project. These trips, when distributed onto the circulation system, would likely still incrementally impact at least one intersection (MacArthur Boulevard /San Miguel Drive). Fewer trips associated with this alternative will result in lesser noise and air quality impacts; however, TOG /ROG and NOx emissions would still exceed the SCAQMD significance thresholds and those impacts would remain significant and unavoidable. Visual impacts are anticipated to be similar to those associated with the proposed project. 2. PROTECT OBIECTIVES: Office/professional development could potentially meet the project objectives of providing a viable, marketable use that will be compatible with the community character. However, office/professional space might not be commercially viable and marketable. Exhibit A Statement of Findings and Facts Coast Highway /MacArthur Boulevard Retail Project Page 19 S-1 3. FEASIBILITY: At present, there is no viable market for significant new office/professional buildings without at least a significant anchor tenant prepared to occur most of the available space. Particularly in Orange County, which has a high office vacancy rate, questions about financial feasibility would be subject to the outcome of a market study and fiscal impact analysis. 4. COMPARATIVE MERITS: Fewer environmental impacts associated with traffic, noise, air quality, and lighting make this alternative environmentally superior of the alternatives analyzed in the EIR, including the proposed . project. However, the economic feasibility of implementing such a project is suspect and results in this alternative's greatest constraint to implementation at the present time on the subject property. 5. FINDINGS ► Although the Off ice/Professional alternative could possibly meet some of the objectives of the project proponent and /or City of Newport Beach for development of the subject property and it would result in a lesser degree of adverse impacts to the environment than the proposed project, the feasibility of implementing such an alternative on the project site at the present time given the current economic and market constraints for such a use is questionable. The unavoidable significant adverse effects of the proposed project (i.e., air quality) are the same as for the Office/Professional alternative. After mitigation, the remaining significant unavoidable effects of the project (i.e., air quality) are acceptable when balanced against facts set forth in preceding Findings and in the Statement of Overriding Considerations. F. DIFFERENT RETAIL MIX Like the proposed project, this alternative proposes the development of 105,000 square feet of specialty retail uses on the subject. However, the mix of retail was modified and analyzed in an economictmarket analysis to determine the nature and extend of any potential socio- economic impacts which may occur as a result of project implementation. 1. SUMMARY OF MAIOR ENVIRONMENTAL EFFECTS The impacts associated with this alternative are identical to those identified and described for the proposed project. Regardless of the tenant mix within the Coast Highway /MacArthur Retail project, the traffic generation, lighting and aesthetics, demand on public services and Exhibit A Statement of Findings and Facts Coast Highway /MacArthur Boulevard Retail Project Page 20 every other issue analyzed in Chapter 4.0 of the EIR will be exactly the same as determined for the proposed project. 2. PROJECT OBIECTIVES: Depending on the commercial viability of thevarious retail tenants, this alternative could potentially meet all of the project objectives. 3. FEASIBILITY: Since this alternative is essentially the same as the proposed project, there would be no constraints as to the feasibility of its implementation. • 4. COMPARATIVE MERITS: Implementation of this alternative would provide no advantage over the proposed specialty retail project proposed by the applicant. The environmental consequences, as indicated above, will be the same as the proposed project and would be ranked along side the specialty retail project proposed by the applicant. FINDINGS ► The unavoidable significant adverse effects of the proposed project (i.e., air quality) are the same as for the Different Retail Mix alternative. ► After mitigation, the remaining significant unavoidable effects of the project (i.e., air quality) are acceptable when balanced against facts set forth in preceding Findings and in the Statement of Overriding Considerations. G. DESIGN ALTERNATIVE FOR MACARTHUR BOULEVARD ACCESS The land use identified for this alternative (i.e., specialty retail) are the same as those proposed in the applicant's project. However, the MacArthur Boulevard access has been redesigned to address concerns that the alignment of that access road directly across from Harbor View Drive would result in the creation of an intersection that could precipitate the use of Harbor View Drive as a "through" street and, further, that a signal would ultimately be required and constructed. 1. SUMMARY OF MAJOR ENVIRONMENTAL EFFECTS With the exception of some of the impacts to traffic and circulation and aesthetics, the environmental consequences associated with this "design" alternative will be essentially the same as those identified for the proposed project. Realignment of the MacArthur Boulevard access drive 45 feet north of that proposed would restrict access to "right in, right out." This offset, combined with the "islet" which limits the ingress and egress to right turns, would preclude the use of Harbor View Drive as a "through" street to bypass heavy traffic on East Exhibit A Statement of Findings and Facts Coast Highway /MacArthur Boulevard Retail Project Page 21 156 • Coast Highway. However, the access drive offset would require encroaching into the library site, resulting in the elimination of 10 parking spaces along the southeasterly limits of the library property. This loss of library parking can be acceptably mitigated if the City permits the relocation of the 10 parking spaces along Avocado Avenue. The redesign of the MacArthur Boulevard access could result in expanding light and glare impacts 45 feet to the north when vehicles exiting the proposed specialty retail center leave with their vehicle headlights on during the evening hours. Given the grade design of the access drive ramp, the width of MacArthur Boulevard and the proposed landscaping, it is not likely that the potential "nuisance" light from automobiles exiting the property at MacArthur Boulevard will significantly affect the nearby Harbor View Hills residential development. 2. PROIECT OBIECTIVES: Each of the objectives identified for the proposed project by the applicant and City of Newport Beach can be achieved with the implementation of this design alternative. 3. FEASIBILITY: Feasibility of implementing the redesigned MacArthur Boulevard access is dependent upon negotiations with the City of Newport Beach and the City's concurrence in: (1) allowing for the encroachment into City property and (2) permitting the replacement parking at the westerly limits of the library property abutting Avocado Avenue. The replacement of the library parking spaces resulting from this access realignment to the westerly will not result in any adverse effect on the remaining library facilities. Based on that conclusion, the City has indicated a willingness to consider this alternative as a feasible alternative to the proposed alignment of the access drive. 4. COMPARATIVE MERITS: The potential impacts associated with this alternative are similar to those identified and described for the proposed project with the exceptions noted above. 5. FINDINGS The unavoidable significant adverse effects of the proposed project (i.e., air quality) are the same as for the Design Alternative for MacArthur Boulevard Access. After mitigation, the remaining significant unavoidable effects of the project (i.e., air quality) are acceptable when balanced against facts set forth in preceding Findings and in the Statement of Overriding Considerations. Exhibit A Statement of Findings and Fads Coast Highway /MacArthur Boulevard Retail Project Page 22 H. ALTERNATIVE SITE Of the several alternative sites considered, the Corporate Plaza West site, located within Newport Center west of Newport Center Drive, was analyzed in the Draft EIR. This 9 -acre property is currently zoned to accommodate a total of 94,000 square feet of office. Given its location and comparable size, this site could feasibly accommodate the proposed specialty retail project (and achieve the objectives and avoid or reduce potential environmental consequences associated with the project. SUMMARY OF MAIOR ENVIRONMENTAL EFFECTS • The impacts associated wit this alternative are similar to those identified and described for the proposed project. It would be necessary to implement a General Plan Amendment and zone change to permit 105,000 square feet of specialty retail. Implementation of this alternative will eliminate the need for an access on MacArthur Boulevard and the impacts associated with it (e.g., conflicts with adjacent residential development). No significant traffic and circulation impacts will occur if development occurs on the Corporate Plaza West site. Similarly, no impacts to cultural and scientific resources would occur. The perception of potential visual and light and glare impacts, although determined to be less than significant by virtue of the project design and conformance with the City's view plan ordinance, will be reduced in this development alternative. 2. PROIECT OBIECTIVES: Although the land use compatibility and commercial viability objectives could be satisfied with this alternative, the objectives that related to providing a use that is complementary to the Corona del Mar commercial district would not be achieved by using an alternative site (i.e., one which is located outside that commercial district). 3. FEASIBILITY: As owner of the Corporate Plaza West site, the Irvine Company would not have to acquire additional property to implement this alternative. In fact, a transfer of development rights, similar to the Newport Center Library Exchange project, is one option for implementing the proposed project at this alternative site location. Although this alternative would result in a potential revenue surplus, the surplus would be less than that associated with the retail uses at the subject site due to the reduction in vehicular traffic along Pacific Coast Highway at the Newport Center Drive location. Additionally, a 30 -foot easement exists within the Corporate Plaza West site and could result in constraints to site design and the location of commercial structures. 4. COMPARATIVE MERITS: In effect, implementation of the specialty retail project at this alternative site would result in the transfer of impacts from the Coast Highway /MacArthur site to the Corporate Plaza West site. The potential impacts are largely similar to those described for the proposed project at the Exhibit A Statement of Findings and Facts Coast Highway /MacArthur Boulevard Retail Project Page 23 current site. However, a reduction in traffic - related and visual impacts to residents of the Harbor View Hills community would be accomplished with the alternative. No significant reduction or elimination of potential quantitative impacts will be achieved by the implementation of the proposed project at this alternative site. Furthermore, even if an alternative site is selected, that decision would not resolve the issue of what to do with the Coast Highway /MacArthur site now that an art museum is longer a viable use. 5. FINDINGS: Most of the project objectives can be achieved with this is alternative. This alternative would also eliminate concerns regarding the use of Harbor View Drive by project traffic and potential visual and lighting impacts that could affect residents near the project site. ► The unavoidable significant adverse effects of the proposed project (i.e., air quality) are the same as for the Alternative Site. ► This alternative will eliminate the circulation impacts associated with the MacArthur Boulevard access and lessen the perception of visual and light and glare impacts. ► After mitigation, the remaining significant unavoidable effects of the project (i.e., air quality) are acceptable when balanced against facts set forth in preceding Findings and in the Statement of Overriding Considerations. V. GENERAL FINDINGS The plans for the project have been prepared and analyzed so as to provide for public involvement in the planning and CEQA processes. 2. The degree that any impacts described in the EIR are perceived to have a significant effect on the environment, or such impacts appear ambiguous as to their effect on the environment, any significant effect of such impacts has been substantially lessened or avoided by the mitigation measures set forth in the Final EIR or is outweighed by the facts set forth in the Statement of Overriding Considerations. 3. Comments regarding the Draft EIR received during the public review period have been adequately responded to in written Responses to Comments attached to the Final EIR. Any significant effects described in such comments were avoided or substantially lessened by the mitigation measures described in the Draft EIR or are outweighed by the facts set forth in the Statement of Overriding Considerations. Exhibit A Statement of Findings and Facts Coast Highway /MacArthur Boulevard Retail Project Page 24 EXHIBIT B STATEMENT OF OVERRIDING CONSIDERATIONS COAST HIGHWAY /MACARTHUR BOULEVARD RETAIL PROJECT 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 proposed project consists of the adoption of a General Plan Amendment and Planned Community District Amendment (i.e., zone change) and the construction and development of a 100,000 square foot specialty retail center on a 10 -acre site located at the northwest • corner of the MacArthur Boulevard/East Coast Highway intersection in the City of Newport Beach. Analysis contained in the Environmental Impact Report (EIR) for this project has concluded that the proposed project will result in only one significant long -term project- specific impact which cannot be mitigated to a less than significant level. Impacts, in this and all other cases, have been mitigated to the extent considered feasible. All significant adverse impacts are identified in the EIR and are addressed in the Findings of Fact which accompany this Statement of Overriding Considerations. The City has determined that the residual unavoidable adverse air quality impacts resulting from the implementation of the proposed project which will remain after mitigation are acceptable and outweighed by specific social, economic and other benefits of the project. In making this determination, the following factors and public benefits were considered. The residual unavoidable adverse impacts of the proposed have been mitigated to the extent possible and, although long -term in nature (i.e., contributing to the unacceptable ambient air quality for the South Coast Air Basin which is currently designated a "non- attainment area "), it is the goal of the State Implementation Plan and other long -range air quality planning programs to achieve "attainment ", at which time the project - related impacts would ultimately be considered less than significant. The proposed location and type of project (i.e., specialty retail) represent a logical extension of the existing Corona del Mar retail district and will complement and enhance the viability of that business district. The proposed project is located in an established urban area where adequate infrastructure, facilities, and services are available, or will be provided with project implementation. Exhibit B Statement of Overriding Considerations Coast Highway /MacArthur Boulevard Retail Project Page 1 I lL� \ � 4. The fiscal analysis indicates that the project will have a net positive cost/revenue ratio for the City. In addition to direct development fees and property tax revenues, the project will facilitate the generation of secondary economic benefits such as increased patronage of local area services and commercial establishments and related sales tax revenues to the City of Newport Beach related to the residential growth occurring in the City. 5. The proposed retail project will achieve several goals and policies articulated in the Newport Beach General Plan, including the provision of land use diversity, that is traffic does not exceed the level of service desired by the City, the preservation of public views, assurance of land use compatibility, and the provision of adequate public services and facilities to the residential and business communities within Newport Beach. 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