HomeMy WebLinkAbout84-44 - Villa Point Planned Community Final EIR0
RESOLUTION NO. 84 -44
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH
CERTIFYING AS COMPLETE AND ADEQUATE
THE FINAL ENVIRONMENTAL 'IMPACT REPORT FOR
THE VILLA POINT PLANNED COMMUNITY
WHEREAS, the Draft Environmental Impact Report provided environmental
impact assessment for the Zoning Amendment, Traffic Study, Tentative Tract Map,
and Residential Coastal Development Permit relative to the Villa Point
Apartment Project; and
WHEREAS, the DEIR was prepared in accordance with the California
Environmental Quality Act (CEQA) , the State EIR Guidelines and City Council
Policy K -3; and
WHEREAS, the DEIR was circulated to the public for comment and review; and
WHEREAS, the DEIR was reviewed by the Citizens' Environmental Quality
Advisory Committee ( CEQAC), and
WHEREAS, written comments were received from the public and CEQAC during
and after the public review period; and
WHEREAS, the Planning Commission of the City of Newport Beach conducted
public hearings to receive all public testimony with respect to the DEIR; and
WHEREAS, such comments and testimony were responded to through Response to
Comments (Attachment No. 1 to the DEIR) and staff reports submitted to the
Planning Commission and City Council; and
WHEREAS, such comments and testimony were fully and adequately responded
to in the manner set forth in California Administrative Code Section 15146(b);
and
WHEREAS, the Planning Commission of the City of Newport Beach has reviewed
all environmental documentation comprising the EIR and has found that the EIR
considers all environmental impacts of the proposed Villa Point Planned
® Community and is complete and adequate and fully complies with all requirements
of CEQA and the CEQA Guidelines; and
WHEREAS, the Planning Commission of the City of Newport Beach recommended
to the City Council that the EIR be certified as adequate and complete; and
WHEREAS, the City Council has reviewed all environmental documentation
prepared to evaluate the proposed General Plan Amendment, including all
elements of the Final EIR and the recommendation of the Planning Commission.
NOW, THEREFORE, BE IT RESOLVED by, the City Council of the City of Newport
Beach that:
1. The City Council makes the Findings contained in the Statement of
Facts with respect to significant impacts identified in the Final EIR together
Statement of Facts is attached hereto as Exhibit 1 and incorporated herein by
this reference as if fully set forth.
2. The City Council finds that the :Facts set forth in the Statement of
Overriding Considerations are true and are supported by substantial evidence in
the record, including the Final EIR. The Statement of Overriding Considera-
tions is attached hereto as Exhibit 2 and incorporated herein by this reference
as if fully set forth.
3. The City Council finds that the Final EIR has identified all
significant environmental effects of the project and that there are no known
potential environmental impacts not addressed in the Final EIR.
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 avoided or mitigated have been
avoided or mitigated by the imposition of Conditions on the approved project
and the imposition of mitigation measures as set forth in the Statement of
Facts and the Final EIR.
6. The City Council finds that potential mitigation measures and project
alternatives not incorporated into the project were rejected as infeasible,
based upon specific economic, social and other considerations as set forth in
the Statement of Facts and the Final EIR.
7. The City Council finds that the unavoidable significant impacts of
the project, as identified in the Statement of Facts, that have not been
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with the Finding that each fact
in support of
the Findings is true and is based
reduced in their
upon substantial evidence in
the record,
including the Final EIR. The
Statement of Facts is attached hereto as Exhibit 1 and incorporated herein by
this reference as if fully set forth.
2. The City Council finds that the :Facts set forth in the Statement of
Overriding Considerations are true and are supported by substantial evidence in
the record, including the Final EIR. The Statement of Overriding Considera-
tions is attached hereto as Exhibit 2 and incorporated herein by this reference
as if fully set forth.
3. The City Council finds that the Final EIR has identified all
significant environmental effects of the project and that there are no known
potential environmental impacts not addressed in the Final EIR.
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 avoided or mitigated have been
avoided or mitigated by the imposition of Conditions on the approved project
and the imposition of mitigation measures as set forth in the Statement of
Facts and the Final EIR.
6. The City Council finds that potential mitigation measures and project
alternatives not incorporated into the project were rejected as infeasible,
based upon specific economic, social and other considerations as set forth in
the Statement of Facts and the Final EIR.
7. The City Council finds that the unavoidable significant impacts of
the project, as identified in the Statement of Facts, that have not been
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reduced
to a level of insignificance have been
substantially
reduced in their
impacts
by the imposition of Conditions on
the approved
project 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.
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ered 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 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.
11. The City Council finds that during the public hearing process on the
villa Point Planned Community, 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. The City Council has considered the recommendation of the Plan-
ning Commission in its decision on the project.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council does hereby
certify the Final EIR for the Villa Point Planned Community as complete and
adequate in that it addresses all environmental effects of the proposed project
and fully complies with the requirements of the California Environmental
Quality Act and the CEQA Guidelines. Said Final EIR is composed of the follow-
E. The City Council finds that the
Final
EIR has described all reason-
Volume I - Draft EIR and Technical Appendices
able alternatives to the project that
could
feasibly obtain the basic
objectives of the project, even when
those
alternatives might impede the
c)
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
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the preparation of the Draft EIR and all
reasonable
alternatives were consid-
ered 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 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.
11. The City Council finds that during the public hearing process on the
villa Point Planned Community, 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. The City Council has considered the recommendation of the Plan-
ning Commission in its decision on the project.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council does hereby
certify the Final EIR for the Villa Point Planned Community as complete and
adequate in that it addresses all environmental effects of the proposed project
and fully complies with the requirements of the California Environmental
Quality Act and the CEQA Guidelines. Said Final EIR is composed of the follow-
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ing elements:
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a)
Volume I - Draft EIR and Technical Appendices
b)
Attachment 1, including comments, responses and additional
information
c)
Planning Commission Staff Reports
d)
Planning Commission Minutes
e)
Planning Commission Resolutions
f)
City Council Staff Reports
g)
City Council Minutes
h)
City Council Resolutions and Ordinance
i)
Comments and responses received prior to final action and
not contained in a) through i) above.
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All of the above information has been and will be on file with the
Planning Department, City of Newport Beach, City Hall, 3300 Newport Boulevard,
Newport Beach, CA 92658 -8915, (714) 640 - 2197.
ADOPTED THIS 29th day of May , 1984.
ATTEST:
PLT /kk
4/17/84
I
MAYOR
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CEQA FINDINGS AND STATEMENT OF FACTS
EXHIBIT 1
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CEQA FINDINGS AND STATEMENT OF FACTS
APRIL 9, 1984
SIGNIFICANT ENVIRONMENTAL EFFECTS WHICH CANNOT BE AVOIDED IF THE PROPOSED
PROJECT IS IMPLEMENTED; FINDINGS WITH RESPECT TO SAID EFFECTS, AND STATEMENT
OF FACTS IN SUPPORT THEREOF; ALL WITH RESPECT TO THE PROPOSED APPROVAL OF
THE ENVIRONMENTAL IMPACT REPORT FOR VILLA POINT PLANNED COMMUNITY DISTRICT,
NEWPORT BEACH, CALIFORNIA.
BACKGROUND
The California Environmental Quality Art (CEQA) and the State CEQA Guide-
lines (Guidelines) promulgated pursuant thereto provide: "No public agency
shall approve or carry out a project for which an environmental impact report
has been completed that identifies one or more significant 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
facts supporting each finding." The possible findings are:
Changes or alterations have been required in, or incorporated
into, the project which mitigate or avoid the significant envi-
ronmental effects as identified in the Final EIR.
Such changes or alterations are within the responsibility and
jurisdiction of another public agency and not the agency making
the finding. Such changes have been adopted by such other agen-
cy or can and should be adopted by such other agency.
3. Specific economic, social, or other considerations make infea-
sible the mitigation measures or project alternatives identified
in the Final EIR (Section 15090 of the Guidelines).
The City of Newport Beach proposes to approve development of the Villa
Point Planned Commmunity site, including Planned - Community District regula-
tions, a tentative tract map, traffic phasing plans, and a coastal residential
development permit. Because the proposed actions constitute a project under
CEQA and the Guidelines, the City of Newport Beach has prepared an Environ-
mental Impact Report (EIR). This EIR has identified certain significant
effects which may occur as a result of this project and other past, present,
and reasonably foreseeable future projects (Page 90 of Draft EIR). Further,
the City Council desires to approve the project and, after determining that
the EIR is complete and prepared in accordance with CEQA and the Guidelines,
set forth the findings herein:
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EFFECTS DETERMINED TO BE INSIGNIFICANT
The EIR for Villa Point Planned Community has concluded that the project
would not have any significant adverse impacts on biological resources (Page
41 of Draft EIR).
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FINDINGS AND FACTS IN SUPPORT OF FINDINGS
FOR SIGNIFICANT ENVIRONMENTAL EFFECTS OF THE PROJECT
EFFECTS DETERMINED TO BE MITIGABLE
TO A LEVEL N I N AN
Geology
Impacts. Development of the project will require grading of the site.
Findings.
1. Changes, alterations, or other measures have been made in or
incorporated into the project, or are otherwise being implement-
ed which will mitigate this impact to a level of insignificance
in that:
a. All buildings will conform to the Uniform Building Code and
the City's seismic design standards.
b. Development of the site shall be subject to a grading permit
to be approved by the Building and Planning Departments.
c. Local and CAL -OSHA safety codes shall be adhered to during
all subsurface construction.
d. The grading plan, if desired by the City of Newport Beach,
shall include a complete plan for temporary and permanent
drainage facilities to minimize any potential impacts from
silt, debris, and other water pollutants.
e. The grading permit, if desired by the City of Newport Beach,
shall include a description of haul routes, access points to
the site, and a watering and sweeping program designed to
minimize impacts of haul operations.
f. Erosion control measures shall be done on any exposed slopes
within 30 days after grading or as approved by the grading
engineer.
g. Grading shall be conducted in accordance with plans prepared
by a civil engineer and based on recommendations of a soils
engineer and an engineering geologist subsequent to comple-
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tion of a comprehensive soils and geologic investigation of
the project site. Permanent reproducible copies of
"Approved -as- Built" grading plans on standard -size sheets
shall be furnished to the City of Newport Beach Building
Department.
Prior to approval of the final grading plan, recommendations
of the geotechnical report shall be incorporated into the
design and engineering of the project.
Cultural Resources
Impacts. Development of the project site will impact no known
archaeical or historical resources. However, there is a possibility that
subsurface archaeological remains exist. The area is highly sensitive from a
paleontological viewpoint, and paleontological resources could be adversely
impacted during grading.
Findings.
1. Changes, alterations, and other measures have been made in or
incorporated into the project, or are otherwise being implement-
ed, which will mitigate these impacts to a level of insignifi-
cance in that:
a. A qualified archaeologist shall be present during pregrade
meetings to inform the developer and grading contractors of
the results of the study. In addition, an archaeologist
shall be present during grading activities to inspect the
underlying soil for cultural resources. If significant cul-
tural 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 signifi-
cance of the finds.
b. In the event that significant archaeological remains are
uncovered during excavation and /or grading, all work shall
stop in that area of the subject property until an appro-
priate data recovery program can be developed and implement -
ed. The cost of such a program shall be the responsibility
of the landowner and /or developer.
c. A paleontological monitor shall be retained by the landowner
and /or developer to attend pregrade meetings and perform
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inspections during development. The paleontologist shall be
allowed to divert, direct, or halt grading in a specific
area to allow for salvage of exposed fossil materials.
d. Prior to issuance of any grading or demolition permits, the
applicant shall waive the provisions of AB 952 related to
City of Newport Beach responsibilities for the mitigation of
archaeological impacts, in a manner acceptable to the City
Attorney.
e. Should fossils be discovered during grading operations, the
landowner shall donate the fossils collected to a non - profit
institution.
Land Use /Aesthetics
Impacts. Development of the proposed project will alter the exist-
ing, un eveToped character of the site and will add to the urbanization and
visual appearance of Newport Center.
Findings.
1. Changes, alterations, and other measures have been made in or
incorporated into the project, or are otherwise being implement-
ed, which will mitigate this imapct to a level of insignificance
in that:
a. A landscape and irrigation plan for the project shall be
prepared by a licensed landscape architect. The plan will
be subject to approval by the Planning Department, the
Parks, Beaches, and Recreation Department, and the Public
Works Department.
b. The landscape shall include a maintenance program which con-
trols the use of fertilizers and pesticides.
c. The landscape plan shall place emphasis on the use of
drought- resistant native vegetation and be irrigated via a
system designed to avoid surface runoff and overwatering.
d. The development shall be in substantial conformance with the
approved plot plan, floor plans, elevations, and sections.
® e. The project shall be designed to eliminate light and glare
spillage onto adjacent properties.
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f. Signage and exterior lighting shall be approved by the Plan-
ning Department and the Public Works Department.
g. All mechanical equipment, vents, and other service equipment
shall be shielded or screened from view by architectural
features.
SIGNIFICANT ENVIRONMENTAL EFFECTS
WHICH CANNOT BE AVOIDED IF THE
PROJECT IS IMPLE ENTED
Water Resources
Impacts. Development of the proposed project will act to incrementally
increase tFe amount of storm runoff from the site, and may incrementally add
to the degradation of water quality in Newport Bay.
Findings.
1. Changes, alterations, and other measures have been made in or
incorporated into the project, or are otherwise being implement-
ed, which will mitigate this impact to the extent feasible in
that:
a. An erosion, siltation, and dust control plan, if desired by
the City of Newport Beach, shall be submitted and be subject
to approval by the Buildinq Department, and a copy shall be
forwarded to the California Regional Water Quality Control
Board, Santa Ana Region, for review.
b. The velocity of concentrated runoff from the project shall
be evaluated and erosive velocities controlled as part of
project design.
c. Prior to issuance of the grading permit, the design engineer
shall review and state that the discharge of surface runoff
from the project will be performed in a manner to assure
that increased peak flows from the project will not increase
erosion immediately downstream of the system. This shall be
reviewed and approved by the Planning and Building Depart-
ments.
0 d. All proposed development shall provide for vacuum - sweeping
of parking areas.
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e. The Irvine Company shall provide for approximately 1,100
linear feet of an offsite storm drain, from the Jamboree
Road intersection down Back Bay Drive to the existing storm
drain inlet structure at the Back Bay. This storm drain
shall be constructed concurrently with project construction.
f. A storm drain shall be provided as part of the project, to
channel surface waters from the project site and a portion
of East Coast Highway to the master - planned offsite storm
drains. This storm drain shall be constructed concurrently
with project construction.
Traffic and Circulation
Impacts. Development of the proposed project will, in concert with
other past, present, and reasonably foreseeable projects; incrementally con-
tribute to increased traffic volumes on the local circulation system.
Findings.
Changes, alterations, and other measures have been made in or
incorporated into the project, or are otherwise.being implement-
ed, which will mitigate this impact to the extent feasible in
that:
a. The project shall be required to contribute a sum equal to
its "fair share" of future circulation system improvements
as shown on the City's Master Plan of Streets and Highways,
and in any other mitigation measures as may be required.
b. The City of Newport Beach requires each project to provide
for all necessary roadway improvements. Several improve-
ments have been required of previously approved projects,
but are not yet constructed. The project will be required
to contribute to, or provide full improvements to, inter-
sections identified in the traffic study (unless subsequent
project approval requires modification thereto). The cir-
culation system improvements shall be subject to the approv-
al of the Traffic Engineer.
c. Prior to project construction, the construction of Back Bay
Drive from Jamboree Road to Coast Highway will be required
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d. Signalization of Back Bay Drive at Coast Highway and Jam-
boree Road will be required as a part of the Back Bay Exten-
sion project.
e. The driveway shall be designed for two -way ingress and
egress, if determined feasible by the Public Works Depart-
ment, and that it not be provided until the nursery use is
terminated. Further, the driveway onto Coast Highway will
be closed, if feasible.
Noise
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Impacts. Implementation of the proposed project will incrementally
contriTute an increase in noise generated from both short -term construction
activities and long -term traffic - related sources on a cumulative basis, in
conjunction with other projects occurring on a local and regional scale.
Findings.
1. Changes, alterations, and other measures have been made in or
incorporated into the project, or are otherwise being implement-
ed, which will mitigate this impact to the extent feasible in
that:
a. Prior to the occupancy of any unit, a qualified acoustical
engineer shall be retained by the City at the applicant's
expense to demonstrate to the satisfaction of the Planning
Director that noise impacts do not exceed 65 CNEL for out-
side living areas and active recreation areas and 45 CNEL
for interior living areas.
b. Prior to issuance of any building permit authorized by
approval of this project, the applicant shall deposit with
the City Finance Director a sum proportionate to the per-
centage of future additional traffic related to the project
area, to be used for construction of a wall on the westerly
side of Jamboree Road between Eastbluff Drive and Ford Road
and along the southerly side of Pacific Coast Highway along
Irvine Terrace and West Newport.
c. 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.
on Saturday and Sunday.
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d. Any mechanical equipment and emergency power generators will
be screened from view and shall be sound - attenuated so as
not to exceed 55 dBA at the property line.
e. Upstairs patio areas will be glassed in for all areas within
the 65 CNEL contour. Units within these buildings will also
be provided with aluminum sliding windows of normal 1/8 -inch
thickness. Downstairs units within the 65 CNEL contour will
be shielded from the noise source by a barrier approved by
the Planning Director.
Air Quality
Impacts. This project, in concert with other past, present, and rea-
sonabTy--foreseeable projects, will contribute to an adverse impact on regional
air quality.
Findings.
1. Changes, alterations, and other measures have been made in or
incorporated into the project, or are otherwise being implement-
ed, which will mitigate this impact to the extent feasible in
that:
a. Parking areas shall be paved early during construction.
b. Openable windows shall be used to allow cooling by normal
breezes.
c. A lighting plan, which describes how energy conservation has
been incorporated into the lighting scheme, shall be sub-
mitted for approval by the Planning Department.
Energy
Impacts. The proposed project will, in conjunction with other proj-
ects occurring on a local and regional scale, cumulatively contribute to an
increase in energy use in the region.
Findings
1. Changes, alterations, and other measures have been made in or
incorporated into the project, or are otherwise being implement-
ed, which will mitigate this impact to the extent feasible in
that:
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a. Building design shall conform to Title 24 of the California
Administrative Code.
b. A solar hot water system be installed for the community pool
and spa.
Public Services and Utilities
Impacts. The proposed project will, in conjunction with ongoing
growt i>F�'n_tFe surrounding area, cumulatively affect the service levels of pub-
lic agencies and utilities, and contribute to the increased demand for public
services.
Findings.
1. Changes, alterations, and other measures have been made in or
incorporated into the project, or are otherwise being implement-
ed, which will mitigate this impact to the extent feasible in
that:
a. Emergency fire access shall be approved by the Fire Depart-
ment.
b. All buildings on the project site shall be equipped with
fire suppression systems approved by the Fire Department.
c. All access to buildings shall be approved by the Fire
Department.
d. All onsite fire protection (hydrants and Fire Department
connections) shall be approved by the Fire Department and
Public Works Department.
e. Final design of the project shall provide for the incorpora-
tion of water - saving devices for project lavatories and
other water -using facilities.
f. Prior to occupancy of any building, the applicants shall
provide written verification from the Orange County Sanita-
tion Districts that adequate sewer capacity is available to
serve the project.
0 g. Prior to approval of the final subdivision map, the appli-
cant shall consult with the City of Newport Beach Public
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Works Department and OCTD regarding the provision of a bus
stop and related amenities (i.e., shelter, bench) along East
Coast Highway adjacent to the project site.
The applicant shall be responsible for the installation of a
permanent bus stop along East Coast Highway subsequent to
widening of the highway in 1985 -86. An interim bus stop
with access to the project site may be provided until that
time.
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STATEMENT OF OVERRIDING CONSIDERATIONS
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EXHIBIT 2
13
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STATEMENT OF OVERRIDING CONSIDERATIONS
. The California Environmental Quality Act requires a public agency to
balance the benefits of a proposed project: against its unavoidable environ-
mental risks in determining 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 this
determination, the following factors and public benefits were considered or
decisions made:
The proposed project is consistent and compatible with other
existing and proposed uses in the vicinity of the project and
the community in general.
The proposed project will contribute to a fair share of roadway
improvements.
3. The proposed project represents a new development located in an
urban area where adequate facilities and services are available.
The proposed project will implement established policies of the
General Plan Housing Element to increase the production of hous-
ing and to provide affordable housing opportunities in the city.
5. The proposed project supports the City's responsibility to
designate sufficient vacant land for residential use with appro-
priate standards to produce housing at the lowest possible cost
consistent with Section 65913 of the Government Code.
6. The proposed project supports the City's policy to eliminate
constraints to housing production, increase allowed density, and
provide incentives to the building industry to facilitate the
provision of housing for low and moderate- income households.