HomeMy WebLinkAbout11039 - General Plan Amendment 80-3RESOLUTION NO. 11039
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH CERTIFYING AS COMPLETE THE FINAL
ENVIRONMENTAL IMPACT REPORT AND APPROVING
AMENDMENTS TO THE LAND USE, RESIDENTIAL GROWTH AND
• RECREATION AND OPEN SPACE ELEMENTS AND MAPS OF THE
NEWPORT BEACH GENERAL PLAN (GENERAL PLAN AMENDMENT
NO. 80 -3 - NEWPORT CENTER)
WHEREAS, Section 707 of the Charter of the City of
Newport Beach provides that the City Council, upon recommendation
of the Planning Commission, may amend the General Plan or any
part or element or map thereof; and
WHEREAS, the General Plan of the City of Newport Beach
contains among other elements, the Land Use, Residential Growth
and Recreation and Open Space elements and maps which will serve
as a guide for the future planning and development of the City;
and
WHEREAS, the Planning Commission has held a public
hearing at which it considered a;i amendment to the Land Use,
Residential Growth and Recreation and Open Space elements and
maps and adopted Resolution No. 1068, recommending to the City
Council certain changes and amendments in said elements and maps;
and
WHEREAS, the City of Newport Beach has prepared a final
environmental impact report (EIR) and the City Council, by this
Resolution, certifies that the final EIR has been prepared and
completed in compliance with CEQA and the State EIR guidelines;
and
WHEREAS, the City Council has reviewed and considered
the certified final EIR in making its decision on the proposed
• amendments to the Newport Beach General Plan; and
WHEREAS, the City Council by this Resolution adopts the
Statement of Facts and Statement of Overriding Considerations as
required by Sections 15088 and 15089 of the State EIR guidelines;
and
WHEREAS, the City Council desires to adopt certain
amendments to the Land Use, Residential Growth and Recreation and
Open Space elements and maps of the Newport Beach General Plan,
• as set forth below,
NOW, THEREFORE BE IT RESOLVED by the City Council of
the City of Newport Beach as follows:
1. The City Council makes the findings contained in
the Statement of Facts with respect to significant impacts
identified in the Final EIR together with the finding that each
fact in support of the findings is true and is based upon
substantial evidence in the record, including the Final EIR. The
Statement of Facts is attached hereto and incorporated herein by
this reference.
2. The City Council finds that the facts set forth in
the Statement of Overriding Considerations are true and are
supported by substantial evidence in the record, including the
Final EIR. The Statement of Overriding Considerations is
attached hereto and incorporated herein by this reference.
3. The City Council finds that the Final EIR has
identified all significant environmental effects of the project
and that there are no known potential environmental impacts not
addressed in the Final EIR.
4. The City Council finds that all significant effects
of the project are set forth in the Statement of Facts.
5. The City Council finds that although the. Final EIR
identifies certain significant environmental effects that will
result if the project is approved, all significant effects that
can feasibly be mitigated or avoided have been avoided or
• mitigated by the imposition of conditions on the approved General
Plan amendment and the imposition of mitigation measures as set
forth in the Mitigation Measures attached hereto and incorporated
herein by this reference.
6. The City Council finds that potential mitigation
measures or project alternatives, not incorporated into the
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project were rejected as infeasible, based upon specific
economic, social and other considerations as set forth in the
Statement of Facts and the Final EIR.
• 7. The City Council finds that the unavoidable
significant impacts of the project, as identified in the
Statement of Facts, that have not. been reduced to a level of
insignificance have been substantially reduced in their impacts
by the imposition of conditions on the approved General Plan
Amendment and the imposition of mitigation measures. In making
its decision on the project, the City Council has given greater
weight to the adverse environmental impacts. The City Council
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.
8. The City Council finds that the Final EIR has
described all reasonable alternatives to the project that could
feasibly obtain the basic objectives of the project, even when
these alternatives might impede the attainment of project
objectives and might be more costly. Further, the City Council
finds that a good faith effort was made to incorporate
alternatives in the preparation of the Draft EIR and all
reasonable alternatives were considered in the review process of
the Final EIR and ultimate decisions on the project.
9. The City Council finds that the project should be
approved and that any alternative to this proposed action should
not be approved for the project based on the information
contained in the Final EIR, the data contained in the Statement
• of Facts and for the reasons stated in the public record and
those contained in the Statement of Overriding Considerations.
10. The City Council finds that a good faith effort has
been made to seek out and incorporate all points of view in the
preparation of the Draft and Final EIR as indicated in the public
record on the project, including the Final EIR.
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11. The City Council finds that during the public
hearing process on General Plan Amendment 80 -3, the Planning
Commission and the environmental documents evaluated a range of
• alternative land uses and intensities and the project, as
approved by this Resolution, is included within that range of
alternatives. Therefore, the City Council finds that it is not
necessary to refer the General Plan Amendment to the Planning
Commission for report and recommendation. The City Council has
considered the recommendation of the Planning Commission in its
decision on the project.
12. The City Council finds and determines that the
Final Environmental Impact Report consists of the following
documents:
a) Volume I - Draft EIR
b) Volume II - Technical Appendices
c) Volume III - Comments and Responses
d) Volume IV - Minutes and Staff Reports
e) Volume V - Material Submitted by Applicant
f) City Council Minutes
g) City Council Staff Reports (with attachments)
h) Comments and responses received by City Council
related to the project not contained in "a" through "g" above and
received prior to final action on this project.
i) Summary Report - Responses to comments /etc., a
portion of attachment No. 1 to the Draft EIR - March 13, 1981
All of the above information has been and will be
on file with the Planning Department, City of Newport Beach, City
Hall, 3300 West Newport Blvd., Newport Beach, Ca. 92663, (714)
640 -2197.
• BE IT FURTHER RESOLVED by -the City Council of the City
of Newport Beach that the Land Use, Residential Growth and
Recreation and Open Space elements and maps are hereby amended,
establishing the following phasing schedule, mitigation measures,
policies and limits on future development for the following
specific sites in Newport Center:
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1. AVOCADO /MacARTHUR
A. Allow the construction of 100,000 sq. ft. of office
• space.
B. Allow the construction of the Orange County Transit
District transit facility.
C. Conditions for allowed construction are as follows:
1. Existing views will be preserved by applying
the provisions of the Civic Center height
plane across the site.
2. The OCTD facility will be located in the
approximate vicinity of San Nicholas Drive
extended.
3. All utilities shall be undergrounded in
conjunction with circulation system
improvements.
4. There shall be no internally illuminated signs
facing MacArthur Boulevard.
5. That all attached mitigation measures relating
to this site shall apply.
2. NEWPORT VILLAGE
A. Allow the construction of 20,000 sq. ft. of
commercial for restaurant use.
B. Allow 208,750 sq. ft. of office space.
C. Conditions for allowed construction are as follows:
1. Existing views will be preserved by applying
the provisions of the Civic Center height
plane across the site.
2. Crown Drive will not be extended across
MacArthur Boulevard.
3. Harbor View Drive shall not be extended across
MacArthur Boulevard.
4. All utilities shall be undergrounded in
conjunction with circulation system
improvements.
5. There shall be no internally illuminated signs
facing MacArthur 'Boulevard.
6. All commercial development shall be subject to
• a use permit.
7. All attached mitigation measures relating to
this site shall apply.
3. CORPORATE PLAZA WEST
A. Allow the construction of 123,400 sq. ft. of office
space.
B. Conditions for allowed construction are as follows:
A
1. Existing views will be preserved by applying
the provisions of the Civic Center height
plane across the site.
2. All attached mitigation measures relating to
this site shall apply.
4. PCH FRONTAGE
A. Allow construction of 57 residential units.
B. Conditions for allowed construction are as follows:
1. Existing views will be preserved by applying
the provisions of the height plane across the
site.
2. All attached mitigation measures relating to
this site shall apply.
S. PCH /JAMBOREE
A. Allow the construction of 80,000 sq. ft. of office
space.
B. Conditions for allowed construction are as follows:
1. Existing views will be preserved by applying
the provisions of the height plane across the
site.
2. All attached mitigation measures relating to
this site shall apply.
6. BLOCK 900
A. Allow the construction of 10,000 sq. ft. of office
space.
B. Allow the construction of 165 hotel rooms with
attendant meeting rooms, lounges and mechanical
areas.
C. Conditions for allowed construction are as follows:
1. Marriott Hotel will contribute a negotiated
sum of money approved by the City Council
towards the construction of circulation system
improvements.
2. There shall be no restriction on meeting room
capacity.
3. All attached mitigation measures relating to
this site shall apply.
7. BLOCK 600
A. Allow the construction, of 225,000 sq. ft. of office
space.
B. Allow the construction of 225,000 sq. ft. of
residential use.
C. Allow the construction of a 300 -room hotel plus 100
residential units to be constructed in conjunction
with the hotel.
• D. Conditions for allowed construction are as follows:
All attached mitigation measures relating to this
site shall apply.
8. GENERAL
A. The adoption of General Plan Amendment 80 -3 is
without prejudice to the approval or disapproval of
an 80,000 sq. ft. medical office building in Block
400, which is under process in General Plan
Amendment 81 -2.
B. Commercial development intensities may be
transferred from one site to another, subject to
Planning Commission and City Council approval and
adequate environmental_ documentation.
C. 1145 "floating" residential transfer units shall be
permitted with no specific location identified,
provided that specific: location receives review and
approval of the City Council.
D. Each environmental document for future development
in Newport Center shall evaluate the potential for
an urban storm water runoff facility, such as a
"holding lake" to intercept runoff.
E. The increased City revenues generated by
development pursuant to 80 -3 shall be considered by
the City Council for placement each year into an
airport growth control. fund.
F. The City shall establish a fund and equitable
building assessment consistent with that which was
done for the Jamboree noise wall to be used for
sound walls along PCH to shield Irvine Terrace from
noise. The assessment: of funds for the erection of
a sound wall along PCH to shield Irvine Terrace
from noise shall be based upon an estimate of the
total remaining major development in the City
easterly of the Upper Bay that will impact Pacific
Coast Highway, the traffic estimated to be
generated therefrom, the percentage of traffic
which will impact Coast Highway, and then
proportioning the percent of the total anticipated
trips generated by each development to the total
estimate of the cost of construction of the sound
wall. A formula for determining and implementing
such assessments shall be prepared by the City
staff and approved by the City Council.
G. Future development (except Marriott) will be
required to pass the City's Traffic Phasing
Ordinance (M.C. 15.40).
H. The City Attorney will prepare for Council review
the enabling legislation necessary for the City to
enter into development agreements. It is the
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intention of the Council to formalize in a
development agreement the obligations, conditions
and elements outlined in 80 -3.
I. The Irvine Company agrees that John Wayne Airport
• is not the place to serve a significant portion of
the air traffic demand of Orange County and will
advocate only limited improvement to the airport
terminal to alleviate the current overcrowding and
lack of adequate service facilities pending review
of alternate airport sites and financing
mechanisms.
Because alternatives to John Wayne Airport must be
found, The Irvine Company strongly commits itself
to support actively the location selection and
development of a regional airport site as a means
of mitigating increases in air and surface traffic
in the greater Newport Beach area.
9. PHASING
A. 225,000 sq. ft. of office, and 300 -room hotel plus
100 residential units (Block 600) and 165
additional hotel rooms in the Marriott Hotel (Block
900) are permitted in Phase I.
B. Circulation improvements and conditions of Phase I
development are:
1. Implement transportation management plan prior
to issuance of building permits for any
Phase I development.
2. The "committed" roadway and intersection
improvements consisting of Irvine
Ave. /University Drive; Bristol
North /Campus; Bristol South /Campus;
Birch /Bristol North; Campus /MacArthur;
Campus /Jamboree; Jamboree /MacArthur; Bristol
North /Jamboree; Jamboree/ Bison;
Jamboree /Ford; Jamboree /San Joaquin Hills
Road; Jamboree /Santa Barbara; Jamboree /Coast
Highway; Jamboree /Backbay to Santa Barbara;
Jamboree /Ford to Bison; Jamboree north of
Bison; Avocado from Coast Highway to San
Miguel; San Miguel from Avocado to San
Joaquin Hills; MacArthur from Ford to
Bison; MacArthur north of Bison;
Ford /Jamboree to MacArthur; Bison /Jamboree to
MacArthur; East Bluff /Jamboree to MacArthur;
Bison /Jamboree; Bison /MacArthur;
Eastbluff(N) /Jamboree and
Eastbluff(N) /MacArthur Blvd. shall be
completed, prior to occupancy of any Phase I
development.
3. The following additional road improvements
shall be required prior to occupancy:
Back Bay Drive between PCH and Jamboree $ 400,000
Construct Avocado /MacArthur couplet 2,600,000
• Construct third lane /west side Jamboree 1,000,000
Road from Coast Highway to San Joaquin
Hills Road
Offer of dedication of The Irvine Company's
interest in right -of -way for PCH from Bayside to
MacArthur ($2.4M) -0-
Total $4,000,000*
Construction shall be commenced on the
following roads prior to the issuance of
building permits; for the construction of the
office building in Phase 1, Block 600:
Pelican Hill Road from Pacific Coast Highway
to Bonita Canyon Road; Bonita Canyon Road
widened from Pelican Hill Road to MacArthur
Blvd.; San Joaquin Hills Road extending from
its terminus to Pelican Hill Road ($19.4
million estimated cost).
Commencement of construction shall mean award
of a contract which includes the roadway
grading, roadway drainage, and at least two
lanes of paving to arterial highway geometric
standards with adequate passing lanes.
If construction of Pelican Hill Road from
Pacific Coast Highway to Bonita Canyon Road,
widening of Bonita Canyon Road from Pelican
Hill Road to MacArthur Boulevard, and
extension of San Joaquin Hills Road from its
terminus to Pelican Hill Road has not
commenced prior to the time a building permit
is requested for the 225,000 sq. ft. office
building in Block 600, issuance of the
building permit shall be reviewed by the City
Council and the building permit shall not be
issued if the City Council finds that:
(1) TIC has not used its best efforts to
obtain necessary approvals for
commencement of construction of the
improvements; and
(2) Taking into account the effects of the
Transportation Management Plan, occupancy
of the office building will cause or make
worse an unsatisfactory level of service
on Pacific Coast Highway through Corona
del Mar under the standards of Newport
Beach Municipal Code Section 15.40
(Traffic Phasing Ordinance).
C. Phase II development shall permit all other
development allowed within 80 -3 with the following
conditions:
• 1. Prior to the issuance of building permits a
20% reduction shall be achieved in peak hour
traffic from projected EIR traffic numbers.
2. Prior to the
ing permits,
be completed
Road, Bonita
San Joaquin
described in
issuance of build- $16,400,000
construction shall 3,000,000
on Pelican Hill 19,400,000*
Canyon Road, and
Sills Road as
No. 9.B.4.
3. The following additional roadway improvements
shall be required prior to occupancy:
Add west bound through lane on PCH between
bridge and Bayside $ 200,000
Add southbound left -turn lane on Jamboree
Road at Ford $ 100,000
Construct third gravel lane both
directions, on MacArthur Blvd.
from couplet to Ford Road $ 3,000,000
Construct third gravel lane on
MacArthur from Ford Road to
University Drive (east side, does
not include curbs, gutters,
sidewalks). $ 800,000
$ 4,100,000*
$27,500,000*
* Cost figures are estimates only. It is expressly understood that The
Irvine Company is obligated to construct the listed improvements
irrespective of ultimate cost.
ADOPTED this 31 day of August 1981.
ATTEST:
�
• City Clerk
HRC /pr
8/31/81
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•
MITIGATION MEASURES
The following mitigation measures are
adopted in conjunction with General
Plan Amendment 80 -3. The page
numbers in paranthesis refer to the
Draft EIR.
1. (Page 22) Onsite culverts will be analyzed during the design phase
and any necessary.improvements will be installed.
2. .(Page 22) To avoid impacts on the Sea Island storm drain
system, a drainage study will be prepared for the
Pacific Coast Highway /Jamboree Road site during the
design phase. The study will define appropriate drainage
controls and examine potential groundwater problems and
necessary mitigations.
3. (Page 22) The applicant will maintain all on and off -site
desilting basins serving development within Newport
Center.
4. (Page 35) To reduce aesthetic impacts, the City will require "Site
Plan Review" prior to development of sites zoned C-0-H.
5. (Page 35) Newport Village, Corporate Plaza West and Pacific Coast
Highway /Jamboree shall be subject to an extension of the
Civic Center Height Plane restrictions.
6. (Page 41) To reduce. land use impacts, the city will require "Site
Plan Review" prior to the development of sites in Newport
Center zoned C -O.
7. (Page 68) Traffic Management Plan - (See Resolution).
8. Phasing of Development - (See Resolution).
9. (Page 69) The applicant shall work with the City to provide for a
complete system of pedestrian and bicycle trails for all
of Newport Center.
10. (Page 10) The City shall consider the establishment of a fund for
sound walls along Pacific Coast Highway to shield nearby
areas from noise.
11. (Page 100)To reduce fugitive dust associated with construction,
grading will be performed in spring when soil moisture is
highest, speeds on unpaved surfaces will be limited to 25
mph, and paving will. be completed as soon as heavy
equipment is finished driving across the construction
site.
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12. (Page 100)To reduce motor vehicle emissions the following measures
will be taken:
a. Safe bicycle and pedestrian facilities will be
provided.
b. Ride - sharing will be encouraged.
c. Shuttle service from the airport to hotel facilities is
being provided.
d. Provide for modified work schedules to shift traffic to
non -peak hours.
e. Provide preferential parking for carpools /vanpools.
f. Provide free bus passes or company -
owned vans to subsidize mass transit
or carpooling.
g. Maintain synchronized and /or demand -
responsive signals and adequate roadway
capacity.
13. (Page 101) To reduce impacts associated with energy consumption the
following measures will. be taken:
a. Energy - conserving lighting will be used in parking
lots and streets; decorative or non - functional
lighting will be minimized.
b. Energy conservation standards in addition to Title 24
will be applied.
c. Natural heating and cooling mechanisms
will be utilized, minimizing the use of typical energy
intensive artificial interior environments.
14. (Page 102) To reduce energy consumption by motor vehicles,
high- occupancy vehicles and alternate transportation
methods shall be encouraged.
15. (Page 103) Active and passive solar energy system will be
utilized.
16. (Page 103) Energy conservation experts will be consulted to
develop energy conservation measures beyond Title 24
requirements.
17. (Page 103) Use of natural heating and cooling will be maximized.
18. (Page 103) Energy use for decoration, advertising, or other
non - productive uses will. be minimized.
7!
13 !
C. (Page 18) The grading permit shall include, if required, a
description of haul routes,.access points to the site, and
a watering and sweeping program designed to minimize
impacts of haul operation.
D. (Page 19) An erosion, siltation, and dust control plan shall be
prepared by a Civil Engineer and based on recommendations
of a soil engineer and an engineering geologist subsequent
to the completion of a comprehensive soil and geologic
investigation of the site. Permanent reproducible copies
of the "Approved as Built" grading plans on standard size
sheet shall be furnished to the Building Department.
H. (Page 22) The velocity of concentrated runoff from the project shall
be evaluated and erosive velocities controlled as part of
the project design.
L. (Page 24) All parking and other onsite paved surfaces shall be
routinely vacuum -swept and cleaned to reduce debris and
pollutants carried into the drainage system.
M. (Page 24) A landscape and irrigation plan for all common areas shall
be prepared by a licensed landscape architect. Said plan
shall include a maintenance program which controls the use
of organophosphates and pesticides.
N. (Page 31) Avocado /MacArthur and Newport Village (CA- Ora -167). It is
anticipated that this site will be directly impacted by
proposed development within subject Parcel A. The site
shall be tested for significance and later salvaged
through sample excavation.
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19.
(Page
106)
To deter vandalism during construction, temporary
fencing shall be used.
20.
(Page
106)
Office building security shall include security
guards, alarms, and limited elevator access after
business hours.
21.
(Page
106)
The proposed hotels shall have a 24 -hour security guard
patrol and central communication system. ,
•
22.
(Page
106)
To conserve water, watering of landscaping during mid -day
shall be avoided.
B.
(Page
18)
A grading plan shall include a complete plan for
temporary and permanent drainage facilities, to minimize
any potential impacts from silt, debris, and other water
pollutants.
C. (Page 18) The grading permit shall include, if required, a
description of haul routes,.access points to the site, and
a watering and sweeping program designed to minimize
impacts of haul operation.
D. (Page 19) An erosion, siltation, and dust control plan shall be
prepared by a Civil Engineer and based on recommendations
of a soil engineer and an engineering geologist subsequent
to the completion of a comprehensive soil and geologic
investigation of the site. Permanent reproducible copies
of the "Approved as Built" grading plans on standard size
sheet shall be furnished to the Building Department.
H. (Page 22) The velocity of concentrated runoff from the project shall
be evaluated and erosive velocities controlled as part of
the project design.
L. (Page 24) All parking and other onsite paved surfaces shall be
routinely vacuum -swept and cleaned to reduce debris and
pollutants carried into the drainage system.
M. (Page 24) A landscape and irrigation plan for all common areas shall
be prepared by a licensed landscape architect. Said plan
shall include a maintenance program which controls the use
of organophosphates and pesticides.
N. (Page 31) Avocado /MacArthur and Newport Village (CA- Ora -167). It is
anticipated that this site will be directly impacted by
proposed development within subject Parcel A. The site
shall be tested for significance and later salvaged
through sample excavation.
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Iq
O. (Page 31) Pacific Coast Highway and Jamboree (CA- Ora -65). The
remaining portion of CA- Ora -65 shall be tested and
salvaged through an appropriate data recovery program to
be developed after the site has been tested.
Recommendations are described in detail in Appendix C of
the EIR.
P. (Page 31) Marriott Hotel Expansion. Because of the possibility of
significant cultural resources related to CA- Ora -140
remaining intact under the parking lot area of the
proposed Marriott Hotel, the following recommendations are
made:
a. A qualified archaeologist should be present during any
asphalt, turf, or landscape plant removal to inspect
the underlying soil for cultural resources. If
significant cultural resources are uncovered, the
archaeologist shall have the authority to stop or
temporarily divert construction activities for a period
of 48 hours to assess the significance of the finds.
b. If the archaeologist determines that the subject
resources warrant testing, he shall have the authority
to halt construction long enough to complete such
testing and, if need be, salvage the resources.
Q. (Page 31) Pacific Coast Highway and Newport Center Drive. Because
the nature and significance of the problematical shell and
midden scatters located on this property are unknown at
this time, the following recommendations are made:
a. Both areas of problematical surface materials should be
tested with a backhoe to determine their nature and
significance.
b. If undisturbed and subsurface cultural deposits are
encountered, the mechanical testing should stop at once
and a detailed test -level investigation and ultimate
salvage data recovery program should be initiated.
c. If the problematical surface materials are determined
to be of no significance, the subject property shall be
archaeologically cleared for development.
R. (Page 35) Development of each of the sites shall include a landscape
plan subject to approval of the Planning Department and
the Parks, Beaches, and Recreation Department.
U_
U. (Page 44)
The City of Newport Beach has initiated a study of the
housing supply and needs of the community. This study
will lead to the preparation and approval of a new housing
element for the City's General Plan. Future developments
in and around Newport Center will be required to comply
with the provisions of the Housing Element.
V. (Page 64)
As a part of the approval of the Corporate Plaza site, The
Irvine Company was required to make certain commitments
for transit service. These included providing a site for
•
a transit terminal and a $300,000 contribution for a
shuttle service operation within Newport Center.
W. (Page 65)
Specific requirements regarding roadway improvements are
discussed at length under "Circulation System
Improvements" in the staff report of July 14, 1981.
Z. (Page 87)
Individual projects will be required to contribute to the
Jamboree Road Sound Wall Fund, a requirement which was
implicit in staff recommendations regarding the widening
of ;Jamboree Road.
BB. (Page 105)
The Fire Department will review design plans to ensure
adequate access to all structures and emergency exits for
hotel patrons.
CC. (Page 105)
The provision of adequate fire flow will be reviewed by
the Fire Department.
EE. (Page 105)
A lighting plan will be submitted for review by the Police
Department to ensure adequate lighting of pedestrian
walkways and parking areas.
Water and Sewer.
FF. (Page 106)
Prior to construction of any project the availability of
water and sewer shall be verified by the serving agency.
GG. (Page 106)
A watering system should be designed which minimizes water
consumption, such as drip irrigation or tensiometers.
Solid Waste.
HH. (Page 106) A program shall be devised for the sorting and pickup or
disposal of recyclable from other solid waste.
1
STATEMENT OF FACTS
August 31, 1981
SIGNIFICANT ENVIRONMENTAL IMPACTS
WHICH CANNOT BE AVOIDED IF THE
PROPOSAL IS IMPLEMENTED, FINDINGS
WITH RESPECT TO IMPACTS, AND
STATEMENT OF FACTS IN SUPPORT
THEREOF, ALL WITH RESPECT TO THE
PROPOSED AMENDMENT OF THE GENERAL
PLAN OF THE CITY OF NEWPORT BEACH
AND DESIGNATED 80 -3.
BACKGROUND
The California Environmental Quality Act (CEQA) and the State EIR Guidelines
(Guidelines) promulgated pursuant thereto provide:
"No public agency shall approve
or carry out a project for which
an environmental impact report
has been completed and which
identifies one or more signifi-
cant effects of the project
unless the public agency makes
one or more of the following
written findings for each of the
significant effects, accompanied
by a statement of the facts
supporting each finding ".
(Section 15088 of the Guidelines)
The City of Newport Beach proposed to adopt an amendment to the General Plan
of the City of Newport Beach (GPA 80 -3). Because the proposed amendment
constitutes a project under CEQA and the Guidelines, the City of Newport Beach
has prepared an Environmental Impact Report (EIR). This EIR has identified
certain significant effects that will flow from this project, further the City
Council desires to approve this project, and has determined that the EIR is
complete and has been prepared in accordance with CEQA and the Guidelines, and
therefore the findings set forth herein are made.
I. Ultimate development of the project will result in certain
significant unavoidable adverse impacts to the environment, as indicated below
and in the Final. EIR. With respect to those impacts, the City Council of
Newport Beach finds as stated on the following pages:
1
IR
�j
WATER RESOURCES
Impact
Increased runoff will be generated due to the loss of permeable surfaces
caused by buildings and paved surfaces. Runoff containing a number of
pollutants associated with urbanized land uses will tend to increase and
incrementally degrade regional water sources.
. Findings
(a) Changes and other measures have been made in or incorporated into the
project, or are otherwise being implemented, which will mitigate this
significant environmental impact, in that:
(1) On -site culverts and drainage facilities will be
analyzed during the design phase and any necessary and feasible
improvements will be made or installed;
(2) A drainage study will be prepared for the Pacific Coast
Highway /Jamboree Road site during the design phase, which study will
define appropriate drainage controls and examine potential ground
water problems and necessary mitigations;
(3) All on -site and off -site desilting basins serving
developments within the project area shall be maintained by the
applicants where feasible;
(4) An erosion and siltation control plan shall be prepared
as a condition for grading permits for all sites in the project
area;
(5) All parking and other on -site paved surfaces shall be
routinely vacuum -swept and cleaned in accordance with current city
policies to reduce debris and pollutants carried into the drainage
system;
(6) A landscape and irrigation plan for all common areas
shall be prepared by a licensed landscape architect during the
design phase, which plan shall :include a maintenance program
controlling the use of organophosphates and pesticides;
(7) Slopes exposed in grading operations shall be planted
as soon as possible after grading to reduce erosion potential;
(8) The City of Newport Beach and The Irvine Company are
cooperating with other public agencies, including the Southern
California Association of Governments ( "SCAG "), the City of Irvine,
the County of Orange, the State Department of Fish and Game, and the
State water Resources Control Board, in studying and implementing
the Federal "208" planning program for dealing with existing and
future sediment in Upper Newport Bay;
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(9) Grading plans shall include a complete plan for
temporary and permanent drainage facilities, to minimize any
potential impacts from silt, debris, and other water pollutants;
(10) Grading permits shall include, if required, a
description of haul routes, access points to the site, and a
watering and sweeping program designed to minimize impacts of haul
operation;
(11) An erosion, siltation,, and dust control plan shall be
prepared by a Civil Engineer and based on recommendations of a soil
engineer and an engineering geologist subsequent to the completion
of a comprehensive soil and geologic investigation of the site.
Permanent reproducible copies of the "Approved as Built" grading
plans on standard size sheet shall be furnished to the Building
Department; and,
(12) The velocity of concentrated runoff from the project
shall be evaluated and erosive velocities controlled as part of the
project design.
(b) Construction of a desilting lake in the Newport Village area, proposed as
a potential mitigation measure, is infeasible in that the Newport Village area
is located at the up- stream edge of the drainage basin. Alternate locations
for and the desireability of desilting lakes and facilities can more feasibly
be considered and, if feasible, implemented at the design phase, and the
potential for such facilities shall be evaluated at the design phase for each
increment of development.
(c) All significant environmental effects that can feasibly be 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.
(d) The remaining, unavoidable significant effects are acceptable when
balanced against the facts set forth in the Statement of Overriding
Considerations made below, giving greater weight to the remaining, unavoidable
significant effect.
HOUSING
Impact
The proposed project, in conjunction with projects occurring on a local and
regional scale, will contribute cumulatively to the demand for housing in all
price ranges.
Findings
(a) Changes and other measures have been made in the project or are otherwise
being implemented which mitigate this significant environmental effect, in
that:
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(1) The total square footage of future allowable office
space for the project has been reduced by approximately 166,250
square feet from that originally proposed, thus reducing the demand
for employee housing;
(2) The total number of hotel rooms for the project has
been reduced by 200 rooms from that originally proposed, thus
reducing the demand for employee housing;
• (3) The residential component of the project has been
increased by 225,000 square feet plus 42 residential units over that
originally proposed; and,
(4) The City of Newport Beach has initiated a study of the
housing supply and needs of the community and the region, which
study will lead to the preparation and approval of a new housing
element for the City's General Plan and will, when implemented,
further mitigate this environmental impact.
(b) Specific economic, social and other considerations make infeasible
mitigation measures or project alternatives not selected in that:
(1) The project represents the best reasonable balance and
mix of uses for the project area, all factors considered;
(2) Due to economics and personal choice, substantial
home -to -job travel in the region would result from any land use
selected for the project area; and,
(3) Due to market pressures, the cost of housing in Newport
Beach is quite high, so that increased residential uses in the
project area would not provide housing opportunities for low or
moderate income persons.
(c) All significant environmental effects that can feasibly be avoided have
been eliminated or substantially lessened by virture of mitigation measures
identified in the Final EIR and incorporated into the project as set • forth
above.
(d) The remaining, unavoidable significant effect is acceptable when
balanced against facts set forth in the Statement of Overriding Considerations
made below, giving greater weight to the remaining, unavoidable significant
effect, and in view of the following facts:
(1) Based on current percentages, it is projected that 20%
of the new employees for the project area will live in Newport
Beach;
(2) Completion of the project will create employment
opportunities for persons already living in Newport Beach and
working elsewhere or reaching employment age; and,
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(3) Based on current percentages it is projected that 708
of the new employees in the project area will live within a
30- minute commute from the project area.
AIRPORT
Impact
. The proposed project, in association with other projects occurring on a local
and regional scale, will contribute cumulatively to the ongoing demand for air
transportation as associated congestion at John Wayne Airport.
Findings
(a) Changes and other measures have made in or incorporated into the
project, or are otherwise being implemented, which will mitigate this
significant environmental effect, in that:
(1) The total square footage of office space for the
project has been reduced by approximately 166,250 square feet from
that originally proposed;
(2) The total number of hotel rooms for the project has
been reduced by 200 rooms from that originally proposed;
(3) The residential component of the project has been
increased by 225,000 square feet plus 42 residential units over that
originally proposed; and,
(4) Current city policies designed to mitigate this
specific impact will be incorporated into the project at the
development stage.
(b) Specific changes or alterations to the existing conditions at John Wayne
Airport are within the responsibility and jurisdiction of other public
agencies, which changes or alterations can and should be adopted by such other
agencies. Included in such changes or alterations, and the activities
undertaken by the City of Newport Beach and The Irvine Company to encourage
such other agencies to adopt such changes and alterations, are the following:
(1) The City of Newport Beach is continuing its political
and legal efforts to limit the number of flights to and from John
Wayne Airport, to prevent expansion of that facility, and to have
stringent noise standards imposed to flight operations at John Wayne
Airport;
(2) Studies are ongoing County -wide to attempt to determine
and provide an alternate site for a regional airport serving Orange
County; and
(3) As part of this project: The Irvine Company has publicly
recognized the limited role for John Wayne Airport /Orange County and
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announced its support for finding an alternate location for a
regional airport serving Orange County.
(c) Specific economic, social and other considerations make infeasible
mitigation measures or project alternatives not selected in that:
(1) The project represents the best reasonable balance and
mix of uses for the project area, all factors considered;
• (2) Given market pressures additional development in Orange
County is inevitable and will impact John Wayne Airport, so that
even if the City of Newport Beach were to reduce the scope of
development in the project area, the only probable result would be
that demand for development would simply shift to other
jurisdictions less impacted by air traffic; and,
(3) The ultimate mitigation of this impact must be
determined regionally.
(d) All significant environmental effects that can feasibly be 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.
(e) Any remaining, unavoidable significant effect is acceptable when balanced
against facts set forth in the Statement of Overriding Considerations made
below, giving greater weight to the remaining, unavoidable significant effect.
TRAFFIC /CIRCULATION
Impact
Increased traffic levels at completion of all site development will contribute
substantial additional average vehicle trips daily. This traffic along with
other local and regional increases will contribute cumulatively to an increase
in the number of vehicles and the vehicle miles traveled.
Findings
(a) Changes and other measures have been made in or incorporated into the
project, or are otherwise being implemented, which will mitigate this
significant environmental impact, including those identified above and the
following:
(1) Approximately $8.5 million of improvements to the
City's circulation system will be implemented by the project
applicants in conjunction with this project, which improvements will
provide greater roadway capacity than needed to accommodate the
increased traffic to be generated from the project;
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(2) A phasing plan has been incorporated into the project
to phase development with improvements to the City's circulation
system as well as the regional circulation system;
(3) A Transportation Management Plan for all of Newport
Center will be implemented as part: of project;
(4) As a part of the project, provision has been made for a
transit terminal to be operated by the Orange County Transit
District;
(5) Completion of the Newport Center development will
enhance the viability of a transit. terminal for Newport Center;
(6) Adequate parking will be required at the development
stage, and specific development proposals will be designed to be
consistent with applicable traffic engineering principles;
(7) The Traffic Phasing Ordinance (TPO) Chapter 15.40 of
the Newport Beach Municipal Code will be imposed at the development
stage;
(8) The total square footage of office space has been
reduced by 225,000 sq.ft. and number of hotel rooms has been reduced
by 200 rooms from that originally proposed;
(9) The residential component of the project has been
increased by 225,000 square feet plus 42 residential units over that
originally proposed, placing those residences in close proximity to
shopping and employment centers and thus reducing the need for trips
out of the area and improving directional characteristics of peak
hour traffic; and,
(10) The applicant will work with the City to provide for a
complete system of pedestrian and bicycle trails for all of Newport
Center thereby reducing anticipated demands on the City's
circulation system.
(b) The Orange County Transit District can and should, and has plans to,
construct and operate a transit terminal in Newport Center as a part of the
project, and approval of the project will facilitate the development of such a
transit terminal.
(c) Specific economic, social and other consideration make infeasible
mitigation measures or project alternatives not selected, in that:
(1) The project represents the best reasonable balance and
mix of uses for the project.area, all factors considered;
(2) Conditioning development of the project on specific
additional circulation system improvements would place the economic
and competitive well -being of Newport Center and Newport Beach under
the discretion of other public agencies having jurisdiction over
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such circulation system improvements and having interests at odds to
those of Newport Beach; and,
(3) Conditioning development of the project on specific
additional circulation system improvements would tend to delay
installation of the needed circulation system improvements made a
part of this project by drastically increasing the economic burden
to be borne by the developer of the project and thereby reducing
incentive to proceed with those improvements.
(d) All significant environmental effects that can feasibly be 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.
(e) The remaining, unavoidable significant effect is acceptable when balanced
against the facts set forth in the Statement of overriding Considerations made
below, giving greater weight to the remaining, unavoidable significant effect.
AIR QUALITY
Impact
Mobile and, to a lesser degree, stationary source emissions associated with
the project would contribute to pollution of the local and regional air shed.
Findings
(a) Changes and other measures have been made in or incorporated into the
project, or are otherwise being implemented, which will mitigate this
significant environmental impact, including those identified above and the
following;
(1) Energy conscious design and material mitigation
measures will be imposed at the project design phase;
(2) Mitigating construction techniques will be imposed at
the development phase to control construction impacts;
(3) Approximately 8.5 million dollars of improvements to
the City's circulation system plus regional improvements will be
implemented in conjunction with this project, which improvements
will provide greater roadway capacity than needed to acconmiodate the
increased traffic to be generated by the project and these
improvements will reduce congestion and delay within the City and
will reduce air quality impacts;
(4) That a phasing of development has been incorporated
into the project which will reduce congestion and delay within the
City and will reduce air quality impacts;
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(5) That the completion of Newport Center development will
enhance the viability of a transit terminal for Newport Center which
will reduce air quality impacts;
(6) The implementation of a Traffic Management Plan (TMP)
will reduce air quality impacts;
(7) The project will be subject to the Traffic Phasing
. Ordinance (TOP) and City Policy;
(B) To reduce motor vehicle emissions the following
measures will be taken:
a. Safe bicycle and pedestrian facilities will be provided.
b. Ride - sharing will be encouraged,
c. Shuttle service from the airport to hotel facilities is being
provided .
d. Provide for modified work schedules to shift traffic to non -peak
hours.
e. Provide preferential parking for carpools /vanpools.
f. Provide free bus passes or company -owned vans to subsidize mass
transit or carpooling.
g. Maintain synchronized and/or demand - responsive signals and
adequate roadway capacity; and,
(9) To reduce emissions associated with energy consumption
the following measures will be taken:
a. Energy- conserving lighting will be used in parking lots and
streets; decorative or non - functional lighting will be
minimized.
b. Energy conservation standards in addition to Title 24 will be
applied.
c. Natural heating and cooling mechanisms will be utilized,
minimizing the use of typical energy intensive artificial
interior environments.
(b) Efforts are underway regionally involving a number of other public
agencies to maintain air quality for the South Coast Air Basin at acceptable
levels, including an Air Quality Management Plan. This project is consistent
with the employment forecast continued in the Air Quality Management Plan and
is therefore consistent with such regional effort.
(c) All significant environmental effects than can feasibly be avoided have
been eliminated or substantially lessened by virtue of mitigation measures
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identified in the Final EIR and incorporated into the project as set forth
above.
(d) The remaining, unavoidable significant effect is acceptable when
balanced against the facts set forth in the Statement of Overriding
Considerations made below, giving greater weight to the remaining, unavoidable
significant effects.
0 ENERGY
Impact
There will be a sustained increase in demand for energy resources.
Findings
(a) Changes and other measures have been made to or incorporated into the
project, or are otherwise being implemented, which will mitigate this
significant environmental impact, including those identified above and the
following:
(1) Conservation measures as outlined for commercial
structures in Title 24 of the California Administrative of Code will
be implemented at the design phase, and additional similar
mitigation measures will be considered at that time;
(2) Use of low- wattage lights and minimization of
non - functional lighting will be required where feasible at the
design phase;
(3) Natural heating and cooling potentials due to the
moderate climate of the project area will be considered and utilized
where feasible during the design phase;
(4) To reduce energy consumption by motor vehicles,
high- occupancy vehicles and alternate transportation methods will be
encoraged;
(5) Active and passive solar energy system will be utilized
in project designs;
(6) Energy conservation experts will be consulted to
develop energy conservation measures beyond Title 24 requirements;
and,
(7) Use of natural heating and cooling will be maximized.
(b) All significant environmental effects that can feasibly be avoided have
been eliminated or substantially lessened by virtue of mitigation measures
identified in the Final EIR and incorporated into the project as set for the
above.
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(c) The remaining avoidable significant effect is acceptable when balanced
against the facts set forth in the Statement of Overriding Considerations,
giving greater weight to the remaining, avoidable significant effect.
Issue
NOISE
•
While the
Draft EIR did not identify the noise
impacts of this project as
being significant, a number of citizens indicated
in written comments and oral
testimony
that they considered the noise :impacts
of traffic to be a matter of
concern.
In light of that concern, the noise impacts associated with this
project were given particular attention, since
the increased traffic to be
generated
by this project will add to ambient noise levels near streets and
highways.
Findings
(a) Changes and other measures have been made in or incorporated into the
project, or are otherwise being implemented, which will mitigate this
environmental impact, as set forth under "Traffic" above and in that:
(1) All new residential developments in or adjacent to
Neport Center will be required to comply with Title 24 of the
California Administrative Code and City Policy regarding sound
attenuation;
(2) All construction activities will be limited to the
hours of 7 a.m. to 7 p.m. weekdays and 8 a.m. to 5 p.m. Saturdays
and Sundays;
(3) Individual phases of the project will be required to
contribute equitably to the Jamboree Road Sound Wall Fund that has
been created by the City; and,
(4) The City shall establish a fund and equitable
assessment consistent with that which was done for the Jamboree Road
Sound Wall to be used for sound walls along Pacific Coast Highway to
shield the Irvine Terrace area from noise.
(b) All significant environmental effects that can feasibly be 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.
(c) The remaining environmental effect is acceptable when balanced against
the facts set forth in the Statement of Overriding Considerations made below,
giving greater weight to the remaining environmental effect.
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II. Additional discretionary actions will be required before
development of the project area can occur, which discretionary actions will
provide adequate opportunity for further environmental analysis consistent
with the Final EIR and General Plan Amendment 80 -3, and for imposition of
design, construction and other development and site specific mitigation
measures.
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AUGUST 31, 1981
STATEMENT OF OVERRIDING CONSIDERATIONS
The California Environmental Quality Act requires a public agency
to balance the benefits of a proposed project against its unavoidable
environmental risks in determing whether to approve the project. The City of
Newport Beach has determined that the unavoidable environmental risks of this
project are acceptable when balanced against the benefits of this project,
• giving greater weight to the unavoidable environmental risks. In making that
determination, the following public benefits were considered or decisions
made:
1. Revenues generated by the proposed project will exceed costs
associated with serving the proposed project resulting in a net financial gain
to the City.
2. Roadway improvements costing approximately $8.5 million to be
constructed in conjunction with the proposed project will help to alleviate
existing traffic congestion in the City. The funds for those improvements are
not likely to be available from any other .source in the forseeable future.
3. The proposed project will. facilitate the development of a
transit terminal in Newport Center, thereby encouraging use of mass transit
and a concomitant reduction in traffic.
4. Implementation of a Traffic Management Plan encompassing all
of Newport Center, and not just the specific project sites, will help reduce
current traffic congestion.
S. Increased numbers of residences will be developed in Newport
Center, in close proximity to shopping and a major employment center.
6. Funds will be available from revenues generated by the
proposed project for the City of Newport Beach to help curb expansion of John
Wayne Airport, and to provide additional and better municipal services.
7. The proposed project represents the in- filling of vacant urban
parcels where adequate facilities and services are available, and where even
greater intensities of use have been identified in prior City plans.
8. The alternatives to the proposed project described in the
Final EIR, with the exception of the "no project" alternative, would not avoid
unmitigated environmental effects because all alternatives involved the
conversion of vacant land to urban use.
9. The proposed project is consistent and compatible with other
existing and proposed uses of land in the vicinity of the project and
community in general.
10. In view of all factors, the project represents the best
reasonable balance and mix of uses for the project area.
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11. Many of the benefits associated with this project largely
depend upon the developer's willingness to contribute to the solution of
existing problems, so that a disapproval of the project or selection of an
alternative to the project unacceptable to the developer would prevent or
delay the City's enjoyment of currently needed roadway improvements, provision
of a transit terminal, implementation of a Transportation Management Plan, and
other overriding benefits.
12. The majority of the impacts associated with this project are
regional in nature, and the project's cumulative contribution to those impacts
is considered minimal and acceptable from a regional perspective.
13. The proposed project is need to maintain the quality of
Fashion Island and its competitiveness with other regional shopping and office
centers, which benefits the City fiscally and the residents of the City.
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