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HomeMy WebLinkAbout82-41 - General Plan Amendment 81-1 AmendmentsResolution No. 82-41 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING AMENDMENTS TO THE LAND USE, RESIDENTIAL GROWTH, RECREATION AND OPEN SPACE, NOISE, AND CIRCULATION ELEMENTS OF THE: NEWPORT BEACH GENERAL PLAN (GPA 81 -1). • 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., Recreation and Open Space, Noise, and Circulation 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 an amendment to the Land Use, Residential Growth, Recreation and Open Space, Noise, and Ciirculation 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) 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 Countil by this. Resolution adopts the Statement of Facts and Statement of Overriding Considerations as required, by Sec- tions 15088 and 15089 of the State EIR Guidelines; and WHEREAS, the City Council has determined that the subject area rep- resents a logical extension of community services that can best be provided to the subject area by the City of Newport Beach; and WHEREAS, the City Council desires to adopt certain .amendments to the Land Use, Residential Growth, Recreation and Open Space, Noise, and Circulation elements and maps of the Newport Beach General Plan, as set forth below, i WHEREAS, the subject area will be annexed to the City of Newport Beach prior to the development permitted by this amendment, and WHEREAS, the City Council desires to adopt certain .amendments to the Land Use, Residential Growth, Recreation and Open Space, Noise, and Circulation elements and maps of the Newport Beach General Plan, as set forth below, i 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 d herein by this reference. 2. The City Council finds that the facts set forth in the State- ment of Overriding Considerations are true and are supported by substan- tial 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 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 im- pacts of the project, as identified in the Statement of Facts, that have not been reduced to a level of insignificance have been substantially re- duced 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. 'Z 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 alter- natives were considered in the review process of the Final EIR and ulti- mate.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 pub- lic record and those contained in the Statement of Overriding Considera- tions. 10. The City Council finds that a good faith effort has been made to seek out and incorporate all points of view in the preparation of the Draft and Final EIR as indicated in the public record on the project, including the Final EIR. 11. The City Council finds that (luring the public hearing process on General Plan Amendment 81 -1, the Planning Commission and the environmen- tal 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 back to the Planning Commis- sion 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 that based upon the information contain- ed in the public record on this project, including the Final EIR, a site is hereby reserved within the office /industrial portion of the project for future use as a fire station due to the inability of existing facilities to respond in a timely fashion to emergencies that occur within the pro- ject area. 13. The City Council finds that: reservation of an area for a future fire station permits the balance of the site to be developed in an orderly and efficient manner. 14. The City Council finds that additional studies, related to the fire station reservation, to determine how best to serve the needs of the development and the community will be made in conjunction with the appro- val of tentative tract maps. 3 15. The City Council finds that a more precise delineation of this reservation is not warranted at this time and sound planning principles dictate that it should be accomplished at the time of subdivision of the properties. 18. 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 - Attachments 1, 2 and 3 including comments and responses, additional information, and Planning Commission minutes and staff reports. d) Volume IV - Attachments 4, 5„ 6 and 7 including comments and responses, additional information and Planning Commission minutes and staff reports. e) City Council Minutes f) City Council Staff Reports (with attachments) g) Comments and responses received prior to.final action and not contained in a) through f) above. 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 Boulevard, 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, Recreation and Open Space, Noise, and Circulation elements and maps are hereby amended, establishing the following land uses, conditions, mitigation measures, policies and limits on future development: Land Use Element • 1. Attachment A provides the Land Use Element Map for GPA 81 -1 - Banning- Newport Ranch. The uses an Sites 1, 2, and 3 as shown on Attachment A are as follows: 2 16. The City Council finds that the reservation is made based upon needs as expressed by evidence of record on the project including the • Final EIR. e 17. The City Council finds that the reservation will allow for and assist in an orderly growth and development of the site and will not make the development of the remaining land within the P -C District economically unfeasible. 18. 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 - Attachments 1, 2 and 3 including comments and responses, additional information, and Planning Commission minutes and staff reports. d) Volume IV - Attachments 4, 5„ 6 and 7 including comments and responses, additional information and Planning Commission minutes and staff reports. e) City Council Minutes f) City Council Staff Reports (with attachments) g) Comments and responses received prior to.final action and not contained in a) through f) above. 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 Boulevard, 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, Recreation and Open Space, Noise, and Circulation elements and maps are hereby amended, establishing the following land uses, conditions, mitigation measures, policies and limits on future development: Land Use Element • 1. Attachment A provides the Land Use Element Map for GPA 81 -1 - Banning- Newport Ranch. The uses an Sites 1, 2, and 3 as shown on Attachment A are as follows: 2 Site 1: Multi- family Residential dwelling units per buildable acre. be transferred to Site 3. development with a maximum of 11.5 A portion of the allowed units may Site 2: A mixture of Administrative, Professional and Financial Commercial /General Industry /Governmental, Educational and Institu- tional Facilities with a maximum of 235,600 square feet of office • development and 164,400 square feet of industrial development. r Site 3: Multi- family Residential development with a maximum of 11.5 dwelling units per buildable acre. Residential densities in excess of 11.5 dwelling units per buildable acre up to 15 dwelling units per buildable acre may be permitted to accommodate dwelling units trans- ferred from Site 1. 2. Park Requirement a. Residential development within Areas 1 and 3 will be required to comply with the Park Dedication Ordinance through a combination of land and /or fees. b. A park of approximately five acres in size shall be located between Coast Highway, 15th Street, Superior Avenue, and Bluff Road with the specific size, location and design to be finalized at the tentative tract map stage. c. The park shall be.completed concurrent with occupancy of the first residential tract. d. A greenbelt shall be established adjacent to Newport Crest. The greenbelt shall be an average of 30 feet wide and be maintained by the applicant or successor in interest. 3. Development Phasing a. No more than 176,600 square feet of office and 123,400 square feet of industrial development for a total of 300,000 square feet of development in Area 2 shall be constructed until such time as Balboa Boulevard (Bluff Road) has. been dedicated to the City of Newport Beach and partially improved from 17th to 19th Street. • b. As a condition of the first tentative tract map., all rights -of -way owned by the applicant and required to widen the northerly one - half of Coast Highway to current master plan standards in the West Newport area will be dedicated to the City of Newport Beach. The dedications will be subject to leases and encumbrances of record. 5 • c. The following traffic concerns shall be reviewed and specifically addressed during tentative tract map deliberations: Phasing of development and associated traffic impacts on Costa Mesa streets; • Extension of Whittier Avenue into project site; Timing of site access and connections to 16th and 17th Streets related to extension of Balboa Boulevard (Bluff Road) to 19th Street, construction of the 19th Street bridge over the Santa Ana River, and assessment of deficiencies and planned improve- ments in the area adjacent to the project site. 4. Circulation System Improvements a. The Circulation System Improvements listed below shall be provided per the requirements of the Traffic Phasing Ordinance: Location A. Coast Highway at Orange Street B. Coast Highway at Prospect Street C. Coast Highway at Bluff Road 0. Coast Highway at Superior Avenue/ Balboa Boulevard Fi System Improvements Add a third westbound through lane. Add a third westbound through lane. Create intersection to add: 1. Eastbound left turn lane. 2. Third westbound through lane. 3. Three lanes southbound' on Bluff Road and two lanes northbound. Reconstruct intersection per current City plans. Add a third westbound through lane. Add a westbound ,right turn. lane. Widen southbound Superior Ave- nue to provide one left, two through and, two right turn lanes. E. Coast Highway at Dover Drive Reconstruct intersection per current Caltrans improvement project. F. Coast Highway at Bayside Drive Reconstruct intersection per current Caltrans improvement project. • Convert the northbound Bayside Drive through and right turn lane to a combination left, through and right turn lane. Modify traffic signal phasing to split Bayside Drive signal phasing. G. Coast Highway at Jamboree Road Modify southbound Jamboree Road to provide: 1. One left turn lane 2. Two through lanes 3. Two right turn lanes Add a third westbound through lane. Add .a second westbound left turn lane. H. Newport Blvd. at Hospital Road Add a second northbound left turn lane. L. Coast Highway Add a 3rd EB through lane to Coast Highway from westerly of Bluff Road to easterly of Su- perior Avenue. This lane is needed to provide capacity to handle the a.m. peak hour traffic. • M. Riverside Drive at Coast Highway Restripe southbound Riverside Drive to add a second right turn lane. 7 b. Project- related arterial improvements shall be constructed to City standards according to the following percentages of improvement: • Bluff Road (Balboa Boulevard extension) from Coast Highway to 19th (55 %). • 15th Street from Bluff Road to Monrovia Avenue (60 %). In conjunction with adjacent development. 100% of 15th Street • improvement shall be constructed. • 17th Street from Bluff Road to the eastern property line (60 %). 0 c. That prior to the approval of any tentative tract map or. issuance of any building and /or grading permit the Planning Commission shall approve a "Development Phasing Program" for the project site that provides for the construction of the Circulation System Im- provements indicated above and all "committed" project improve- ments assumed in the preparation of the Traffic Study dated March, 1982., 5. Pedestrian Bridge The applicants shall participate in 50% of all costs related to the provision of a pedestrian and bicycle bridge over Coast Highway opposite the West Newport Park. Also the applicants shall provide a sidewalk from 15th Street extended to Superior Avenue on the north side of Coast Hihway and provide facilities necessary to install a crosswalk at 15th Street extended and (:oast Highway. 6. Views Views to the west and south shall be preserved for a person standing on the lower balcony level of the Newport Crest development. To the extent feasible, buildings located to the north of Newport Crest shall be terraced below existing view horizons that are established by a person standing on the lower balcony level of the Newport Crest development. 7. The boundary of the Harbor Area - Specific Area Plan indicated in the Land Use Element is hereby amended to exclude the GPA 81 -1 project area. The eastern boundary of this Specific Area Plan area is thus amended to follow the westerly edge of the alignment of Balboa • Boulevard extension (Bluff Road) and the northerly edge of the alignment of 17th Street. 8. Prior to the development of the site the Unincorporated areas shall be annexed' to the City of Newport Beach. 9. A fire station site is hereby reserved within the 75.5 -acre site designated GPA 81 -1 - Banning - Newport Ranch. 8 Residential Growth Element 1. Statistical Area A -1 is amended to permit residential and office /indus- trial land uses consistent with the Land Use Element. 2. Statistical Area A -2 is amended to permit residential and office /indus- trial land uses consistent with the Land Use Element. • Recreation and Open Space Element • 1. The specific location for the proposed neighborhood park currently shown on the property line between the Banning- Newport Ranch and Caltrans West parcel is hereby removed from the Open Space Plan map. 2. .A park of approximately five acres in size shall be located between Coast Highway, 15th Street, Superior Avenue, and Bluff Road.with the specific size, location and design to be finalized at the tentative tract map stage. 3. A greenbelt shall be established adjacent to Newport Crest.. The greenbelt shall be an average of 30 feet wide and be maintained by the applicant or successor in interest. 4. The applicants shall participate in 50% of all costs related to the provision of .a pedestrian and bicycle bridge over Coast Highway opposite the West Newport Park. Also, the applicants shall provide a sidewalk from 15th Street extended to Superior Avenue on the north side of Coast Highway, and provide facilities necessary to install a crosswalk at 15th Street extended and Coast Highway. Noise Element The projected CNEL contours indicated in the Noise Element including the alignments of project - related arterials are hereby amended to reflect Exhibit 24 and Table 19 in the Draft EIR (pages 112 & 113). 9` Circulation Element The conceptual alignments of Balboa Boulevard extension (Bluff Road) from Coast Highway to 17th Street, 15th Street from Monrovia Avenue to Bluff Road, and 17th Street from Bluff Road to the Costa Mesa city limits, while generally consistent with the alignments shown on Attachment A, are hereby refined to reflect these more detailed alignments. • ADOPTED this 12th day of March 1982. ATTEST: C(/ue Mayor Pro Tem City Clerk • 10 STATEMENT OF FACTS March 12, 1982 SIGNIFICANT ENVIRONMENTAL EFFECTS OF THE PROPOSED PROJECT, FINDINGS WITH RESPECT TO SAID EFFECTS, 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 RELATED ACTIONS PERTAINING THERETO FOR THE AREA DESIGNATED GPA 81 -1 - BANNING- NEWPORT RANCH. 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 pro- ject for which an environmental impact report has been completed and which identifies one or more signi- ficant 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) The City of Newport Beach proposes to approve the Banning- Newport Ranch project in the City of Newport Beach and County of Orange including amendments to the General Plan, the Local Coastal Program, adoption of Planned Community District Zoning regulations, and approval of a Traffic Study. Because the proposed actions constitute a project under CEQA and the Guidelines, the City of Newport Beach has prepared an Environmental Impact Report (EIR). The EIR identified certain significant effects which may occur as a result of 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. Therefore, findings are set forth herein pursuant to Section 15088 of the CEQA Guidelines. GEOLOGY /SOILS IMPACT 1 Landforms will be modified for project development. FINDINGS (a) Changes and other measures have been incl.uded in the project or are otherwise being implemented which mitigate this significant environmen- tal effect, in that: Ii 1. Development of the site shall be subject to a grading permit to be approved by the Building and Planning Departments. 2. The grading permit shall include! a description of haul routes, access points to the site, and watering and sweeping programs designed to minimize impacts of haul operation. 3. 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 compre- hensive soil and geologic investigation of the site. Permanent reproducible copies of the "Approved as Built" grading plans on a standard -size sheet shall be furnished to the Building Department. 4. Prior to issuance of building permits, a specific soils and founda- tion study as required by the building code shall be prepared. (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) Potential mitigation measures or project alternatives not incorporated into the project were rejected as infeasible, based on economic, social and other considerations as set forth in the Statement of Facts, the Final EIR, and listed below: 1. Directing all runoff away from Seminiuk Slough would require ma- jor, extensive landform alterations and /or modification of natural runoff patterns. 2. More stringent view preservation requirements along the.north. edge of the Newport Crest area would require major landform altera- tions. 3. The implementation of all project alternatives with the exception of the "no development" alternative will create a similar environ- mental effect to the project. The "no development" alternative has been rejected based upon the information contained in the Statement of Facts and the Final EIR. • (d) The remaining, unavoidable significant effect is acceptable when balan- ced against facts set -forth above and in the Statement of Overriding Considerations made below, giving greater weight to the remaining, unavoidable significant effect. 1.2 IMPACT 2 Fault displacement may result from a nearby earthquake along the Newport - Inglewood fault. The site is subject to groundshaking from earthquakes throughout the southern California area. FINDINGS • (a) Changes and other measures have been included in the project or are otherwise being implemented which mitigate this significant environmen- tal effect, in that: 1. The neighborhood commercial facility originally proposed by the applicant has been eliminated to reduce potential geologic hazards. 2. Prior to the approval of any subdivision of land in the project, an independent third -party analysis of geologic hazards of all identified active faults shall be accomplished and approved by the City's Building Department. This analysis will be funded by the applicant. The recommendations of this analysis will be funded by the applicant. The recommendations of this analysis will be incorporated into any structure. (Stringent standards shall be included in the analysis.) 3. All buildings will conform to the Uniform Building Code (UBC) and the City's seismic design. standards. (b) All significant environmental effects; that can be feasibly avoided have been eliminated or substantially lessened by virtue of mitigation measures identified in the Final EIR and incorporated into the project as set forth above. (c) Potential mitigation measures or project alternatives not incorporated. into the project were rejected as infeasible, based on economic, social and other considerations as set forth in the Statement of Facts, the Final EIR, and listed below: The implementation of all project alternatives with the.exception of the "no development" alternative will create a similar environ- mental effect to the project. The "no development" alternative has been rejected based upon the information contained in the Statement of Facts and the Final EIR. (d) The remaining, unavoidable significant effect is .acceptable when balan- ced against facts set forth above and in the Statement of Overriding Considerations made below, giving greater weight to the remaining, unavoidable significant effect. 13 HYDROLOGY IMPACT 1 Small cumulative increases in urban water pollutants. FINDINGS • (a) Changes and other measures have been included in the project or are r otherwise being implemented which mitigate this significant environmen- tal effect, in that: 1. A grading plan shall include a complete plan for tempora;ry and permanent drainage facilities, to minimize any potential impacts from silt, debris, and other water pollutants. 2. The velocity of concentrated runoff from the project shall be evaluated and erosive velocities controlled as part of the project design, including areas immediately adjacent to the site. 3. An erosion, siltation, and dust control plan shall be prepared by the applicant and approved by the Building Department. A copy will be forwarded to the California Regional Water Quality Control Board, Santa Ana Region. 4. Exposed slopes shall be planted as soon as possible to reduce erosion potential. 5. All parking and other onsite paved surfaces shall be routinely vacuum -swept and cleaned to reduce debris and pollutants carried into the drainage system. 6. A landscape and irrigation plan for all common areas shall be pre- pared by a licensed landscape architect. Said plan shall include a maintenance program which controls the use of organophosphates and pesticides. (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) Potential mitigation measures or project alternatives not incorporated into the project were rejected as infeasible, based on economic, social and other considerations as set. forth in the Statement of Facts, the Final EIR, and listed below: 14 The implementation of all project alternatives with the exception of the "no development" alternative will create a similar environ- mental effect to the project. The "no development" alternative has been rejected based upon the information contained in the Statement of Facts and the Final EIR. (d) The remaining, unavoidable significant effect is acceptable when balanced against facts set forth above and in the Statement of Overriding Considerations made below;, giving greater weight to the remaining, unavoidable significant effect. In particular: The development of the proposed project will ultimately reduce silt and other debris from entering the waterways. IMPACT 2 Increase in surface runoff. FINDINGS (a) Changes and other measures have been included in the project or are otherwise being implemented which mitigate this significant environmen- tal effect, in that: 1. A comprehensive master plan of drainage for the entire site will be prepared and approved by the Public Works Department in conjunction with the first tentative tract map. 2. Where feasible, all drainage northerly of the northwesterly corner of Newport Crest shall be drained through the oil lease area and not toward Coast Highway in a manner to be approved by the Public Works Department. (b) All significant environmental effects that can be feasibly avoided have been eliminated or substantially lessened by virtue of mitigation measures identified in the Final EIR and incorporated into the project as set forth above.. . (c) Potential mitigation measures or project alternatives not incorporated into the project were rejected as infeasible, based on economic, social and other considerations as set forth in the Statement of • Facts, the Final EIR, and listed below: 1. The increased runoff will be adequately controlled through the conditions of project approval as set forth in the Planned Communi- ty Development Plan and Development: Standards. 15 2. The implementation of all project alternatives with the exception of the "no development" alternative will create a similar environ- mental effect to the project. The "no development" alternative has been rejected based upon the information contained in the Statement of Facts and the Final EIR. (d) The remaining, unavoidable significant effect is acceptable when balan- ced against facts set forth above and in the Statement of Overriding Considerations made below, giving greater weight to the remaining, unavoidable significant effect. BIOLOGICAL RESOURCES IMPACT Grading required for implementation of the project will remove all existing onsite vegetation. FINDINGS (a) Changes and. other measures have been included in the project or are otherwise being implemented which mitigate this significant environmen- tal effect, in that: A landscape and irrigation plan for all common areas, including regula- tions on the use of fertilizers and pesticides, shall be prepared by a licensed landscape architect. (b) All significant environmental effects that can be feasibly avoided have been eliminated or substantially lessened by virtue of mitigation measures identified in the Final EIR and incorporated into the project as set forth above. (c) Potential mitigation measures or project alternatives not incorporated into the project were rejected as infeasible, based on economic, social and other considerations as set forth in the Statement of Facts, the Final EIR, and listed below: 1. The retention of the limited riparian habitat onsite is rejected based upon testimony presented in the public hearing and informa- tion contained in the Final EIR which indicated that it is not a • significant habitat area. 2. The implementation of all project alternatives with the exception of the "no development" alternative will create a similar environ- mental effect to the project. The "no development" alternative has been rejected based upon the information contained in the Statement of Facts and the Final EIR. 16 (d) The remaining, unavoidable significant effect is acceptable when balan- ced against facts set forth above and in the Statement of Overriding Considerations made below, giving greater weight to the remaining, unvoidable significant effect, in particular! 1. There are no rare, endangered or threatened species found onsite. 2. The existing vegetation onsite does not provide a significant habitant by itself or in conjunction with adjacent areas. 3. The existing vegetation onsite has been substantially disturbed by past actions related to oil production, fire protection, and other activities. CULTURAL /SCIENTIFIC RESOURCES IMPACT Cultural /scientific resources could be discovered during construction. FINDINGS (a) Changes and other measures have been included in the project or are otherwise being implemented which mitigate this significant environmen- tal effect, in that: 1'. Any archaeological /paleontological resources will be managed in accordance with city policies. 2. Provision shall be made for the. deposit of scientifically valuable, archaeological materials, which are removed from the site, with responsible public or private institutions. (b) All significant environmental effects that can be feasibly avoided have been eliminated or substantially lessened by.virtue of mitigation . measures identified in the Final EIR and incorporated into the project as set forth above. (c) Potential mitigation measures or project alternatives not incorporated into the project were rejected as infeasible, based on economic, so- cial and other considerations as set forth in the Statement of Facts, • the Final EIR, and listed below!. The implementation of all project alternatives with the exception of the "no development" alternative will create a similar.environ- mental effect to the project. The "no development" alternative has been rejected based ,upon the information contained in the Statement of Facts and the Final EIR. 17 (d) The remaining, unavoidable significant effect is acceptable when balan- ced against facts set forth above and in the Statement of Overriding Considerations made below, giving greater weight to the remaining, unavoidable significant effect. NATURAL RESOURCES (OIL) IMPACT 1 r While no significant effect from oil production operations was identified for the proposed project evaluated in the Draft EIR, the approved project allows residential uses in Area 3 as shown on Attachment A which may be significantly affected by continued oil production operations. FTNnTNgq (a) The remaining, unavoidable significant effect is acceptable when balan- ced against facts set forth in the Statement of Overriding Considera- tions made below, giving greater weight to the remaining, unavoidable significant effect. In particular: The land use in Area 3 provides an opportunity for housing in a more affordable price range than generally available in new projects in Newport Beach. IMPACT 2 While no significant effect. on continued oil production operations was identified. for the proposed project evaluated in the Draft EIR, the approv- ed project allows residential uses in Area 3 as shown on Attachment A which may, significantly affect (constrain) continued oil production operations. FINDINGS (a) The remaining, unavoidable significant effect is acceptable when balan- ced against facts set forth in the Statement of Overriding Considera- tions made below, giving greater weight to the remaining, unavoidable significant effect. In particular: The land use in Area 3 provides an opportunity for housing in a • more affordable price range than generally available in new projects in Newport Beach. flu EXISTING LAND USES AND LAND USE PLANS IMPACT 1 Land uses will change from open space/oil production to generally more intensive, urban -type uses. 0 FINDINGS (a) Changes and other measures have been included in the project or are otherwise being implemented which mitigate this significant environmen- tal effect, in that: 1. The proposed light industrial /office development is adjacent to an existing mixture of industrial and other land uses to the east and is bounded by two arterial highways. 2. A greenbelt averaging thirty feet in width will be located adja- cent to Newport Crest. 3. Residential densities in Area 1 may be transferred to Area 3 up to a limit of 15 dwelling units per acre. 4. The floor area ratio (a measure of intensity) of the office industrial area has been reduced from .42 to .36. (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) Potential mitigation measures or project alternatives not incorporated into the project were rejected as infeasible, based on economic, social and other considerations as set forth in the Statement of Facts, the Final EIR, and listed below:, 1. The area immediately adjacent to the project to the west while undeveloped is encumbered with existing oil operations and will be for a number of years. The project site is a logical terminus for urban development. • 2. The implementation of all project alternatives with the exception of the "no development" alternative will create a similar environ- mental effect to. the project. The . "no development" alternative has been rejected based upon the information contained in the Statement of Facts and the Final EIR. 19 (d) The remaining, unavoidable significant effect is acceptable when balan- ced against facts set forth above and in the Statement of Overriding Conditions made below, giving greater weight to the remaining, unavoid- able significant effect. In particular: 1. The planned residential development is compatible with adjacent residential areas. • 2. The housing stock in the City of Newport Beach will be increased. 3. A park will be developed to add to the recreational opportunities in the West Newport area. 4. The office /industrial uses will be compatible with existing and proposed adjacent land uses. 5. The project represents a logical extension of urban services and facilities by the City of Newport Beach and the in- filling of vacant urban land. IMPACT 2 The City's General Plan and Local Coastal Program will be changed. IJi11I2i1IM&I (a) Changes and other measures have been included in the project or are otherwise being implemented which mitigate this significant environmen- tal effect, in that: 1. The City Council will approve changes to all affected Elements of the City's General Plan and the City's Local Coastal Program concurrent with approval of the General Plan Amendment so that all elements and plans are consistent. (b) All significant environmental effects that can be feasibly avoided have been eliminated or substantially lessened by virtue of mitigation measures identified in the Final EIR and incorporated into the project as set forth above. (c) Potential mitigation measures or project alternatives not incorporated • into the project were rejected as infeasible, based on economic, social and other considerations as set: forth in the Statement of Facts and the Final EIR. (d) The remaining, unavoidable significant effect is acceptable when balan- ced against facts set forth above and in the Statement of Overriding Considerations made below, giving greater weight to the remaining, unvoidable significant effect, in particular: 20 1. The proposed project meets and /or exceeds all traffic standards es- tablished by the City of Newport Beach Traffic Phasing Ordinance. 2. Circulation system improvements and mitigation measures related to traffic impacts will reduce ICUs below projected levels and within the standards indicated above. • 3. The proposed land use changes represent a logical plan for the orderly growth and development of the project area based upon sound planning and fiscal practices. 4. The goals and objectives of the Coastal Act will be met through: provision of a public park area; improved circulation system for automobiles, bicycles, and pedestrians to enhance coastal access; provision of a pedestrian bridge across Coast Highway; improved runoff quality and storm water management. 5. Public participation and. interest was solicited in all phases of the planning process and project review. 6. All issues related to the project raised by Coastal Commission staff per the Coastal Act have been adequately addressed in the Final EIR. DEMOGRAPHICS IMPACT Approximately 163 additional dwelling units and 367 additional residents, will be generated by the proposed project compared to the current. General Plan. In addition, employment opportunities will be added within the site. FINDINGS (a) Changes and other measures have been included in the project or are otherwise being implemented which mitigate this significant environmen- tal effect, in that: • 1. The number of dwelling units has been increased from the original project proposal to afford more ,people an opportunity to live in close proximity to work. 2. The traffic- related impact of congestion associated with increased population and employment within the site will be mitigated through circulation system improvements. 23 (b) All significant environmental effects that can be feasibly avoided have been eliminated or substantially lessened by virtue of mitigation measures identified in the Final EIR and incorporated into the project as set forth above. (c) Potential mitigation measures or project alternatives not incorporated into the project were rejected as infeasible, based on economic, • social and other considerations as set forth in the Statement of Facts and the Final EIR. (d) The remaining, unavoidable significant effect is acceptable when balan- ced against facts set forth above and in the Statement of Overriding Considerations made below, giving greater weight to the remaining, unavoidable significant effect. In particular, 1. The housing stock in the City of Newport Beach will be increased. 2. New employment opportunities will be provided. 3. New residents may be accommodated within the community without the addition of major, new urban facilities or services and with little or no cost to the general public. TRANSPORTATION /CIRCULATION IMPACT Project - related traffic will contribute approximately 7,700 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 vehicle miles traveled (VMT). FINDINGS (a) Changes and other measures have been included in the project or are otherwise being implemented which mitigate this significant environmen- tal effect, in that- 1. The neighborhood commercial center has been eliminated from the project, thus substantially reducing average daily traffic vol- umes. • 2. Residential development has been increased to enhance the opportu- nity for people to live in close proximity to work. 3. The amount and intensity of office /industrial land uses have been reduced, thus substantially reducing average and peak traffic volumes from the project as originally proposed. 22 4. A portion of the development has been phased with the extension of Balboa Boulevard (Bluff Road) from 17th Street to 19th Street. 5. Ticonderoga Street is 'to be extended as a private street providing secondary emergency access to the Newport Crest development. b. Circulation system improvements listed in the P. C. District Regu- lations shall be provided per the requirements of the. Traffic Pha- sing Ordinance. 7. Project- related arterial improvements shall be constructed to City standards according to the conditions outlined in the P -C District Regulations. 8. The development of the project will be subject to a development phasing program approved by the City to assure that roadway im- provements occur concurrently with project development. 9. A Transportation Management Plan shall be developed for all office and industrial development and shall meet the approval of the Planning Commission prior to tentative tract map approval, unless otherwise relegated to future review by action of the Planning Commission. Measures to be considered include: Preferential parking for ride - :sharing vehicles; Transit subsidy, at least to extent of value of parking otherwise provided by employers; Flextime and staggered work hours and work schedules; Promotion of pedestrian and bicycle traffic; Carpool /vanpool subscription and bus /charter bus programs. (both internal and external to the company); Transit system coordination;, and Other programs offering the prospect of reduced or shifted travel patterns. 10. The project will be designed to encourage bicycle and pedestrian travel through the following actions: In conjunction with circulation improvements discussed in the P. C. District Regulations, bikeways will be implemented in conformance with the City of Newport Beach Master Plan of • Bikeways. At the tentative tract map stage, an internal pedestrian circu- lation system will be developed. In addition, the applicants shall participate in 50 percent of all costs related to the provision of a pedestrian /bicycle bridge over Coast Highway opposite the West Newport Park. Also, the applicants shall 23 provide a sidewalk from 15th Street extended to Superior Aven- ue on the north side of Coast Highway and provide facilities necessary to install a crosswalk at 15th Street and Coast Highway. 6. Tentative tract maps and all future developments shall anticipate future transit service routes and provide adequate roadway width • to accommodate bus stops and bus benches. (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) Potential mitigation measures or project alternatives not incorporated into the project were rejected as infeasible, based on economic, social and other considerations as set forth in the Statement of Facts, the Final EIR, and listed below: 1. A reduced density residential and limited industrial project would not provide the range or quantity of circulation system improve- ments listed in the P.C. District Regulations. 2. The project as proposed by the applicants would create substantial- ly more traffic. 3. The project will generate 15% less average daily trips than the alternative recommended by various homeowners' associations. 4. The project represents a 46% decrease in average daily trips from .the project as originally proposed by the applicants. (d) Characteristics of the project which mitigate this significant envi- ronmental effect are within the responsibility and jurisdiction of another public agency and not the City of Newport Beach; therefore, these changes should be adopted by such other agency. 1. The State Department of Transportation (Caltrans) has jurisdiction over improvements to state highways (Coast Highway). 2. A portion of the ultimate width Coast Highway right -of -way is cur- • rently under the jurisdiction of the County of Orange. (e) The remaining, unavoidable significant effect is acceptable when bal- anced against facts set forth above and in the Statement of Overriding Conditions made below, giving greater weight to the remaining, un- avoidable significant effect. In particular: 24 1. The Transportation Management Plan will help to reduce traffic congestion. 2. The pedestrian /bicycle bridge /path will provide safe passage across the highway for persons using the recreation amenities (beach and park) and those persons traveling to areas north of Coast Highway. • 3. An alternative method of leaving or entering the West Newport Beach area will be provided to residents and visitors. 4. The proposed project will partially implement the regional and local arterial highway system with dedication and partial im- provements to Balboa Boulevard (Bluff Road), 17th Street and 15th Street. 5. The proposed project will provide a secondary means of emergency vehicle access to the Newport Crest development. 6. All of the transportation system improvements listed in the P. C. District Regulations shall be in existence consistent with a "Development Phasing Program" to be developed for the project site prior to approval of any tentative tract map. AIR QUALITY IMPACT Cumulative increases in air pollution will result from the project. FINDINGS (a) Changes and other measures have been included in the project or are otherwise being implemented which mitigate this significant environmen- tal effect, in that: 1. The effects on air quality from mobile source emissions will be partially mitigated by traffic - related conditions of approval and implementation of transportation management plans. 2. The effects on air quality from project- related stationary source • emissions will be partially mitigated through energy efficient design and materials used for specific developments in the project area. 3. The _project provides an opportunity for persons employed in the office /industrial area to reside onsite. 25 4. Reduced average daily traffic volumes will result in less vehicle miles traveled and thus lowered levels of mobile source pollu- tants. (b) Al 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 isas set forth above. (c) Potential mitigation measures or project alternatives not incorporated into the project were rejected as infeasible, based on economic, social and other considerations as set forth in the Statement of Facts, the Final EIR, and listed below::. The project will generate less mobile source air pollutants than alternatives suggested by the applicant or by various homeowners' associations due to lowered average daily. traffic volumes and vehicle miles traveled. (d) Changes to the project which mitigate this significant environmental effect are within the responsibility and jurisdiction of another pub- lic agency and not the City of Newport Beach; therefore these changes should be adopted by such other agency: 1. Vehicular emissions could be reduced through state legislative exhaust controls (vehicle inspection maintenance program). (d) The remaining, unavoidable significant effect is acceptable when balan- ced against facts set forth above and in the Statement of Overriding Conditions made below, giving greater weight to the remaining, unavoid- able significant effect, in particular: 1. Air. quality in the West Newport area will continue to exceed all state and federal standards by a wide margin. 2. Localized impacts from project- related traffic on air quality adjacent to roadways are nominal. ACOUSTIC ENVIRONMENT IMPACT,I • Short -term noise impacts from construction equipment. FINDINGS (a) Changes and other measures have been included in the project. or are otherwise being implemented which mitigate this significant environmen- tal effect. 2c 1. All construction activities will be limited to the hours of 7 a.m. to 7 p.m., Monday through Friday and 8 a.m. to 5 p.m., Saturdays and Sundays. (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) Potential mitigation measures or project alternatives not incorporated into the project were rejected as infeasible, based on economic, social and other considerations as set forth in the Statement of Facts and the Final EIR. (d) The remaining, unavoidable significant effect is acceptable when balanced against facts set forth above and in the Statement of Overriding Conditions made below, giving greater weight to the remaining, unavoidable significant effect. IMPACT 2 There will be a cumulative ,increase in noise levels along arterial highways both on and offsite. FINDINGS (a) Changes and other measures have been included in the project or are otherwise being implemented which mitigate this significant environmen- tal effect, in that: 1. Detailed noise studies shall be conducted at the tentative tract map stage for onsite impacts and offsite impacts of the project. The cumulative impacts of this project and regional growth on West Newport will be evaluated and a noise wall fund similar to the "Jamboree Road Fund" shall be established to mitigate for those_ impacts on the West Newport area. 2. The maximum allowable exterior noise level is 65 CNEL and the maximum allowable interior noise level is 45 CNEL. 3. The project has been changed to reduce average daily trips by 46% • from the original proposal resulting in a commensurate reduction in vehicular noise impacts. (b) All significant environmental effects that can be feasibly 'avoided have been eliminated or substantially lessened by virtue of mitigation measures identified in the Final EIR and incorporated into the project as set forth above. 27 (c) Potential mitigation measures or project alternatives not incorporated into the project were rejected as infeasible, based on economic, social and other considerations as set forth in the Statement of Facts and the Final EIR. (d) The remaining, unavoidable significant effect is acceptable when balan- ced against facts set forth above and in the Statement of Overriding • Considerations made below, giving greater weight to the remaining, unavoidable significant effect, in that: 1. The establishment of a noise wall fund represents a step toward solving a highway noise problem in the West Newport area that exists without the project. 2. Changes in noise levels attributable to the project are in a range which is generally not perceivable by the human ear (i.e., less than 2 dB CNEL). PUBLIC SERVICES AND UTILITIES IMPACT Increases in demand for all utilities and urban services including electricity, natural gas, water service, wastewater disposal, police, fire protection, and solid waste disposal. FINDINGS (a) Changes and other measures have been included in the project or are otherwise being implemented which mitigate this significant environmental effect, in that: Electricity, Natural Gas 1. The project site is immediately adjacent to existing infrastruc- ture and street.systems. 2. Energy conservation standards shall be incorporated into project construction in accordance with California Administrative Code, Title 24, Part 6, Division T - 20, Chapter 2. • Water Service, Wastewater Disposal 1. The project site is immediately adjacent to existing infrastruc- ture and street systems. 2. Water conservation design features shall be incorporated into.buil- ding construction. 28 3. Prior to construction of any project, the availability of water shall be verified by the serving agency. 4. Comprehensive master plans for water supply and sewerage for the entire site will be prepared and approved by the Public Works Department in conjunction with the first tentative tract map. • Police 1. Increased police costs shall be offset by project revenues. 2. A lighting plan shall be submitted for review by the Police Department to ensure adequate lighting of pedestrian walkways and parking areas. Fire Protection 1. The provision of adequate fire flow will be reviewed by the Fire Department. 2. Structures shall be equipped with fire suppressor systems as required by code. 3. A fire station site shall be reserved within the P -C District. Prior to the approval of any tentative tract map, the City Council shall approve a Master Plan of Fire Protection Services. The applicants shall deed all land and pay 25% of the funds needed to provide a new fire station - Building and Equipment - in the event the Master Plan identifies a site on the Banning - Newport Ranch. Solid Waste Disposal 1. A program shall be devised in the City for the sorting and pickup or disposal of recyclable material separated from other solid waste. (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) Potential mitigation measures or project alternatives not incorporated into the project were rejected as infeasible, based on economic, social and other considerations as set forth in the. Statement of Facts and the Final EIR. M (d) The remaining, unavoidable significant effect is acceptable when balanced against facts set forth above and in the Statement of Overriding Conditions made below, giving greater weight to the remaining, unavoidable significant effect. In particular, 1. The applicants shall deed all land and 25% of the funds needed to provide a new fire station - Building and Equipment - in the event isthe Master Plan identifies a site on the Banning- Newport Ranch. 2. The proposed project will provide a secondary means of emergency vehicle access to the Newport Crest development. 3. City revenues will accrue a significant net annual increase. ENERGY CONSERVATION IMPACT Cumulative increases in demand for energy resources. FINDINGS (a) Changes and other measures, have been included in the project or are otherwise being implemented which mitigate this significant environmen- tal effect. 1. Project construction will conform with State Energy Conservation standards are described in the California Administrative code, Title 24, Part 6, Division T -20, Chapter 2 (i.e., insulation techniques, water heating system controls, outside air cooling systems, window glazing, "air- tight" construction of buildings, etc.). 2. Residential units shall be sited to maximize opportunities for solar heating. 3. Incorporate architectural techniques within residential units to further the objectives of energy conservation. 4. Programs to educate residents as to methods and importance of energy conservation shall be initiated. • 5. Office /industrial buildings shall be located to maximize pedestrian access. 6. The site shall be analyzed prior to locating building air intakes, to maximize ventilation efficiency. 7. Buildings shall be designed to incorporate natural ventilation within building circulation systems. 30 8. Each office /industrial building shall establish ventilation systems capable of shutting down during non- business hours, select and locate building heating systems to maximize conservation, and incorporate building lighting systems to produce optimal energy conservation opportunities. 9. All new structures will comply with applicable building code • requirements. (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) Potential mitigation measures or project alternatives not incorporated into the project were rejected as infeasible, based on economic, social and other considerations as set forth in the Statement of Facts and the Final EIR. (d) The remaining, unavoidable significant effect is acceptable when balanced against facts set forth above and in the Statement of Overriding Conditions made below, giving greater weight to the remaining, unavoidable significant effect. AESTHETICS IMPACT 1 Views from Newport Crest will be both adversely and beneficially affected. FINDINGS (a) Changes and other measures have been included in the project or are otherwise being implemented which mitigate this significant environmen- tal effect. 1. Views to the west and south shall be preserved for a person standing on the lower balcony level of the Newport Crest development. 2. To the extent feasible, buildings located to the north of Newport • Crest shall be terraced below existing view horizons that are established by a person standing on the lower balcony level of the Newport Crest development. (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. 31 (c) Potential mitigation measures or project alternatives not incorporated into the project were rejected as infeasible, based on economic, social and other considerations as set forth in the Statement of Facts and the Final EIR. (d) The remaining, unavoidable significant effect is acceptable when balanced against facts set forth above and in the Statement of • Overriding Conditions made below, giving greater weight to the remaining, unavoidable significant effect. IMPACT 2 Loss of open space. (a) Changes and other measures have been included in the project or are otherwise being implemented which mitigate this significant enviromental effect. 1. A landscape plan subject to the approval of the Planning and Parks, Beaches and Recreation Departments shall be submitted at the tentative tract map stage of planning. 2. A park of approximately five acres will be developed. 3. A greenbelt shall be established adjacent to Newport Crest. It shall be an average of 30 feet wide and be maintained by the appli- c ant or successors in interest. (b) All significant environmental effects that can be feasibly avoided have been eliminated or substantially lessened by virtue of mitigation measures identified in the Final EIR and incorporated into the project as set 'forth above. (c) Potential mitigation measures or project alternatives not incorporated into the project were rejected as infeasible, based. on economic, social and other considerations as set forth in the Statement of Facts, the Final EIR, and listed below: The project will provide nearly twice the park dedication area than would be provided under the existing General Plan. • (d) The remaining, unavoidable significant effect is acceptable when balan- ced against facts set forth above and in the Statement of Overriding Considerations made below, giving greater weight to the remaining, unavoidable significant effect. 32 IMPACT 3 Views from Coast Highway and the West: Newport Area will include the residential units along Coast Highway and Bluff Road. FINDINGS • (a) Changes and other measures have been included in the project or are otherwise being implemented which mitigate this significant environmen- tal effect, in that: 1. Building and grading .shall blend with the landform to create a "natural" appearance, particularly as viewed from Coast Highway. 2. A landscape plan subject to the approval of the Planning and Parks, Beaches and Recreation Departments shall be submitted at the tentative tract map stage of planning. (b) All significant environmental effects that can be feasibly avoided have been eliminated or substantially lessened by virtue of mitigation measures identified in the Final EIR and incorporated into the project as set forth above. (c) The remaining, unavoidable significant effect is acceptable when balan- ced against facts set forth above and in the Statement of Overriding Considerations made below, giving greater weight to the remaining, unavoidable significant effect. RECREATION AND OPEN SPACE IMPACT 1 New residents will increase existing demands for recreation and open sp. (a) Changes and other measures have been included in the project or are otherwise being implemented which mitigate this significant environ- mental effect, in that: 1. A landscape plan subject to the approval of the Planning and Parks, Beaches and Recreation Departments shall be. submitted at the tentative tract map stage of planning. • 2. a. Residential development within Areas 1 and 3 will be requried to comply with the Park Dedication Ordinance through a combination of land and fees. b. A park of approximately five acres in size shall be located between Coast Highway, Superior Avenue, 15th Street, and Balboa Boulevard with the specific size, location and design to be finalized at the tentative tract map stage. g3 c. The park shall be completed concurrent with occupancy of the first residential tract. d. A greenbelt shall be established adjacent to Newport Crest. It shall be an average of 30 feet wide and be maintained by the applicant or successors in interest. • (b) All significant environmental effects that can be feasibly avoided have.been eliminated or substantially lessened by virtue of mitigation measures identified in the Final EIR and incorporated into the project as set forth above. • (c) Potential mitigation measures or project alternatives not incorporated into the project were rejected as infeasible, based on economic, social and other considerations as set forth in the Statement of Facts, the Final EIR, and listed below: Numerous alternative park locations were analyzed by the Parks, Reaches and Recreation Commission (including Seminiuk Slough at Coast Highway) and found not satisfactory for this project. (d) The remaining, unavoidable significant effect is acceptable when balanced against facts .set forth ,above and in the Statement of Overriding Considerations made below, giving greater weight to the remaining, unavoidable significant effect. 34 STATEMENT OF OVERRIDING CONSIDERATIONS March 12, 1982 BACKGROUND • The California Environmental Quality Act (CEQA) and the State EIR Guide- lines promulgated pursuant thereto provide: "(a) CEQA requires the decision maker to balance the benefits of a proposed project against its unavoid- able environmental risks in determining whether to approve the project. Where agencies have taken action resulting in environmental damage without explaining the reasons which supported the decision, courts have invalidated the action. (b) Where the decision of the public agency allows the occurrence of significant effects which are iden- tified in the final EIR but are not mitigated, the agency must state in writing the reasons to support its action based on the final EIR and /or other infor- mation in the record. This statment may be necessary if the agency also makes the finding under Section 15088(a)(2) or (2)(3). (c) If an agency makes a statement of overriding con- siderations, the statement should be included in the record of the project approval and should be mention- ed in the. Notices of Determination." (Section 15089 of the Guidelines). The City of Newport Beach proposes to approve the Banning- Newport Ranch project in the City of Newport Beach and County of Orange. Because the actions constitute a project under CEQA and the Guidelines, an environmen- tal impact report (EIR) has been prepared by the City of Newport Beach. The EIR has identified certain significant effects that will flow from this project and the City Council desires to approve this project, after determining that the EIR is complete and has been prepared in accordance with the CEQA and the Guidelines, and the Statements of Facts has been approved. Statement of Overriding Considerations 1. The development of the proposed project will reduce the amount of silt and other debris entering the waterways. • 2. Where feasible, the project applicants will redirect existing water runoff away from Coast Highway to reduce impacts of sheet flows across Coast Highway to the Lido Sands area. 35 3. The proposed residential development is less intense than the adjacent residential area. 4. The housing stock in the City of Newport Beach will be increased. 5. A park will be developed to add to the recreational opportunities in the West Newport area. • 6. The office /industrial uses are planned to be compatible with existing and proposed adjacent land uses. 7. The proposed project represents a logical extension of urban services and facilities by the City of Newport Beach and the in- filling of vacant urban land. 8. Increased job opportunities within the City will be provided. 9. Transportation Management Plans will help to reduce traffic conges- tion. 10. The pedestrian /bicycle bridge /path (partially funded by the appli- cants) over Coast Highway adjacent to the West Newport Park will pro- vide safe passage across the highway for persons using the recreation amenities (beach and park) and for those persons traveling to areas north of Coast Highway. 11. The applicants will participate in 50% of all costs related to the pedestrian /bicycle bridge. 12. An alternative method of leaving or entering the West Newport Beach area will be provided to residents and visitors. 13. The project will partially implement the regional and local arterial highway system with onsite improvements to Bluff Road, 17th Street and 15th Street. 14. The proposed project will provide a secondary means of emergency vehicle access to the Newport Crest development. 15. Over $4 million in roadway improvements will be constructed. • 16. The pedestrian /bicycle bridge /path along and over Coast Highway will ensure that safe access along the coast is provided from the inland side of the Coast Highway. 17. The applicants will deed all land and 25% of the funds needed to provide a new fire station - Building and Equipment in the event the Master Plan identifies a site on the Banning - Newport Ranch. 18. City revenues will accrue a significant net annual increase. 36 19. Increased job opportunities within the City will be provided. 20. Most views from existing residential development adjacent to the project will be enhanced or protected. 21. An improved park will be made available -to the public which will significantly enhance recreation opportunities in the West Newport area. 22. The proposed project will provide a greenbelt between new residential development and Newport Crest. 23. The development will be landscaped and designed in such a manner so as to provide an attractive entrance into the City of Newport Beach. 24. The roadway system improvements provided by the applicants will provide sufficient system capacity for projected volumes (including both project related traffic and other traffic) to operate at satisfactory levels of service. Without these improvements, projected traffic without the project would not operate satisfactorily. 25. Addition of new residential development at densities up to 15 du /acre (in Area 3) will add to the stock of affordable housing in Newport Beach. 26. The ability of the applicants to transfer density from one area to another provides for flexibility in project design which will provide for a greater range of housing types. 27. The project will be phased according to a Development Phasing Program to be prepared prior to approval of a tentative tract map. This program will ensure that adequate roadway capacity is provided as the project builds out. 28. The planned office /light industrial park will create an attractive buffer between the mixed use, transitional area to the east and the proposed residential uses in the study area and Newport Crest. MITIGATION MEASURES The following mitigation measures are adopted in conjunction with General Plan Amendment 81 -1: 1. Mitigation measures in the following areas are included in the P -C Development Plan and /or.the General Plan, and are hereby incorporated by reference: a) Geologic Hazards b) Drainage c) Parks d) Development Phasing 37 e) Circulation System Improvement f) Pedestrian Bridge g) Views h) Ticonderoga Street i) Public Services - Fire Protection 2. The City shall explore all practical and feasible methods of reducing • pollutants and silt to the tidal channel and shall consider incorpora- ting said methods in future tract map approvals. 3. A Transportation Management Plan shall be developed for all office and industrial development and shall meet the approval of the Planning Commission prior to tentative tract map approval, unless otherwise relegated to future review by action of the Planning Commission. Measures to be considered include: • Preferential parking for ride - sharing vehicles Transit subsidy, at least to extent of value of parking otherwise provided by employers • Flextime and staggered work hours and work schedules • Promotion of pedestrian and bicycle traffic carpool /vanpool /subscription and bus /charter bus programs (both internal and external to the company) • Transit system coordination • Other programs offering the prospect of reduced or shifted travel patterns 4. In conjunction with circulation improvements, the following shall be implemented: • Backbone bikeway along Coast Highway • Backbone bikeway on Balboa Boulevard (Bluff Road) The following shall be developed at the tentative map stage: On- street pedestrian facilities and a compatible internal pedes- trian circulation system 5. Tentative tract maps and all future developments shall anticipate future transit service routes and provide adequate roadway width to accommodate bus stops and bus benches. is6. To reduce motor vehicle use and associated mobile source emissions, pedestrian and bicycle trails shall be provided on the tentative tract maps. 7. Transportation management plans and energy conservation design standards shall be implemented at the tentative tract level. RE 8. Detailed noise studies shall be conducted at the tentative tract map stage for onsite and offsite impacts of the project. The cumulative impacts of this project and regional growth on West Newport will be evaluated and noise wall fund shall be established to mitigate for these impacts on West Newport. 9. Use of reclaimed wastewater to save fresh water shall be studied at the tentative tract level and incorporated into project plans if feasible. 10. Increased police costs shall be offset by project revenues. 11. Specific mitigation measures related to schools shall be developed at the tentative tract map stage if necessary. 12. Design of the industrial /office area shall coordinate uses to the east and create a gateway to the site. 13. Vegetation shall be used.in screen interfaces between various uses. 14. Building and grading shall blend with the landform to create a "natural" appearance, particularly as viewed from Pacific Coast Highway. 15. Building design shall consider the roofscape as viewed from Newport Crest and include feasible mitigation measures such as screening air - conditioning equipment, locating equipment at ground level, etc. 16. Residential areas shall be designed to encourage bicycle and pedestrian travel. 17. Residential units shall be sited to maximize opportunities' for solar heating. 18. Residential units shall incorporate: architectural techniques to further the objectives of energy conservation. 19. Onsite waste storage facilities and programs to minimize waste trans- portation and disposal costs be provided. 20. Programs to educate residents as to methods and importance of energy • conservation shall be initiated. 21. Office and industrial buildings shall be located to maximize pedestrian access. 22. The site shall be analyzed prior to locating building air intakes, to maximize ventilation efficiency. 39 23. Buildings shall be designed to incorporate natural ventilation within building circulation systems. 24. Each project shall establish ventilation systems capable of shutting down during non - business hours. 25. Each project shall select and locate building heating systems to • maximize conservation. • 26. Each project shall incorporate building lighting systems to produce optimal energy conservation opportunities. 27. Water conservation design features shall be incorporated into building construction. 28. Exposed slopes shall be planted as soon as possible to reduce erosion. 29. Prior to construction of any project, the availability of water shall be verified by the serving agency. 30. A watering system shall be designed which minimizes water consumption; such as drip irrigation or tensiometers. 31. A lighting plan be submitted for review by. the Police -Department and Public Works Department to ensure adequate lighting of pedestrian walkways and parking areas. 40