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HomeMy WebLinkAbout85-15 - North Ford Tentative Tract Maps Final EIR• RESOLUTION NO. 85 -15 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH CERTIFYING AS COMPLETE AND ADEQUATE THE FINAL ENVIRONMENTAL IMPACT REPORT FOR THE NORTH FORD TENTATIVE TRACT MAPS WHEREAS, the Draft Environmental Impact Report provided environmental impact assessment for the zoning Amendment and Tentative Tract Maps relative to the North Ford Planned Community; 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 North Ford Planned Com- munity and Tentative Tract Maps 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 project, 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 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 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 • 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. - 2 - 8. The City Council finds that the Final EIR has described all reason- able alternatives to the project that could feasibly obtain the basic objectives of the project, even when those alternatives might impede the attainment of project objectives and might be more costly. Further, the City Council finds that a good faith effort was made to incorporate alternatives in the preparation of the Draft EIR and all reasonable alternatives were 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 North Ford Planned Community and the Tentative Tract Maps, the Planning Commission and the environmental documents evaluated a range of alternatives and the project, as approved by this Resolution, is included within that range of alternatives. The City Council has considered the recommendation of the Planning 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 North Ford Planned Community and Tentative Tract Maps 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 following elements: 16 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) City Council Staff Reports f) City Council Minutes g) City Council Resolutions h) Comments and responses received prior to final action and not contained in a) through g) above. - 3 - 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) 644 -3225. ADOPTED THIS 25th day of March , 1985. 0 ATTEST: 'i'L4 4"'. CITY CLERK l/ PLT /kk 3/11/85 CCU `J ( Il - 4 - EXHIBIT 1 CEQA FINDINGS AND STATEMENT OF FACTS MARCH 1, 1985 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 AN AMENDMENT TO THE • PLANNED COMMUNITY DISTRICT REGULATIONS, AND TENTATIVE TRACTS 12309, 12306 AND 12271 FOR THE NORTH FORD PLANNED COMMUNITY IN THE CITY OF NEWPORT BEACH, CALIFORNIA. BACKGROUND The California Environmental Quality Act (CEQA) and the State CEQA Guidelines (Guidelines) promulgated pursuant thereto provide: "No public agency shall approve or carry out a project for which an environmental impact report has been completed and which 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: 1. Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant environmental effects as identified in the Final EIR. 2. Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. 3. Specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the Final EIR (Section 15091 of the Guidelines). The City of Newport Beach proposes to approve an amendment to the Planned Community Regulations to establish standards for the residential area (Area 5), and Tentative Tracts 12309, 12306 and 12271 for the North Ford Planned Community. Because the proposed actions constitute a project under CEQA and the Guidelines, the City of Newport Beach has prepared an Environmental Impact.Report (EIR). This EIR has identified certain significant effects which may occur as a result of the project, or on a cumulative basis in conjunction with this project and ether past, present, and reasonably foreseeable future projects. Further, the City Council desires to approve this project and, after determining that the EIR is complete and has been prepared in accordance with CEQA and the Guidelines, the findings set forth herein are made: FINDINGS AND FACTS IN SUPPORT OF FINDINGS FOR SIGNIFICANT ENVIRONMENTAL EFFECTS OF THE PROJECT EFFECTS DETERMINED TO BE MITIGABLE TO A LEVEL OF INSIGNIFICANCE I. Landform /Seismicity /Soils A. Impacts. The existing landform will be modified to prepare building pads; generally the southwestern portion of the site will be cut and the balance of the site will receive fill. Dredge material from Upper Newport Bay is proposed for the needed imported fill. • A. Findings 1. Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant environmental effects as identified in the Final EIR. a. All conditions of the North Ford Development Agreement shall be fulfilled. 99 b. Development of the site shall be subject to a grading permit to be approved by the Building and Planning Departments. The application for a grading permit is to be accompanied by the grading plan and specifications, and supporting data consisting of soil engineering and engineering geology reports or other reports required by the building official. c. Grading shall be conducted in accordance with plans prepared by a civil engineer and based on recommendations of a soil engineer and an engineering geologist subsequent to the completion of a comprehensive soil and geologic investigation of the site. Permanent reproducible copies of the "Approved as Built" grading plans on standard size sheets shall be furnished to the Building Department. d. Any abandoned utility lines or other underground structures should be removed, destroyed, or abandoned in compliance with specifications of the building official and recommendations of the soils engineer. Care should be taken during construction to monitor flow lines that may be critical. The existing subdrains in the northern part of the site should remain undisturbed. If disturbed during grading, subdrains should be restored to the satisfaction of the soils engineer. e. The 12 -acre park dedication required in the development agreement shall be graded so that the full 12 acres are fully usable as an active park and to the satisfaction of the Public Works and Parks, Beachs and Recreation Departments. The park site and parking lot final grade shall be at elevation(s) providing flood protection acceptable to the Public Works Department. If fill over the MWD and MCWD water transmission facilities cannot be placed to allow use as a park site, that the boundaries of the surrounding tentative tracts are to be adjusted to provide 12 acres for the park. B. Impacts. The fine - grained compressible sediments underlying the northern portion and central area of the site are susceptible to consolidation due to fill loads and potential liquefaction during an earthquake. B. Findings 1. Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant environmental effects as identified in the Final EIR. a. All conditions of the North Ford Development Agreement shall be fulfilled. b. To reduce settlement loads of the weight and bearing proposed, it is recommended that the northern portion of the site be provided with an uncompacted surcharge fill placed above the final design grade and later removed. Specifics for the surcharging program are contained in the "North Ford Grading Study" (Moore and Taber, 1984) contained in Appendix C of the Draft EIR. c. Settlement readings for the areas subject to significant consolidation and subject to the recommended surcharge fill program should be monitored and recorded as specified in the North Ford Grading Study. Additionally, similar monitoring of the adjoining Jamboree roadbed should also be included. d. Control of infiltration to the groundwater system for the project shall be provided as part of the project design. IL Hydrology A. Impacts. An increase in erosion and sedimentation will result during the construction phase. M- A. Findings 1. Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant environmental effects as identified in the Final EIR. a. All conditions of the North Ford Development Agreement shall be fulfilled. • b. 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 report shall be reviewed and approved by the Planning and Building Departments. c. To reduce sedimentation in the Upper Newport Bay, the following construction BMPs are recommended for occasional- to-frequent use within the San Diego Creek watershed (Cities of Irvine and Newport Beach and SCAG, 1983): 1. Temporary gravel construction entrance. 2. Sandbag, gravel bag, or straw bale barriers. 3. Silt fences. 4. Filter berms. 5. Filter inlets. 6. Interceptor ditches. 7. Diversion dikes. 8. Active fill diversions. 9. Permanent diversions. 10. Perimeter berms or swales. 11. Right -of -way diversions. 12. Stormwater channels. 13. Slope drains. 14. Outlet protection. 15. Level spreader. 16. Riprap. 17. Streambank stabilization. 18. Grade control structures. 19. Vegetation protection. 20. Vegetation establishments. 21. Mulches. , 22. Temporary sediment traps. 23. Temporary sediment basins. 24. Permanent debris basins, 25. Topsoiling. 26. Dust control. 27. Stockpile stabilization. d. The grading permit shall include, a description of haul routes, access points to the site, watering, and a sweeping program designed to minimize impact of haul operations. e. The velocity of concentrated runoff from the project shall be evaluated and erosive velocities controlled as part of the project design. B. Impacts. Runoff volumes will increase and drainage patterns alter. B. Findings 1. Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant environmental effects as identified in the Final EIR. a. All conditions of the North Ford Development Agreement shall be fulfilled. b. Street, drainage and utility improvements shall be shown on standard improvement plans prepared by a licensed civil engineer. c. The existing storm drain system on the easterly side of Camelback Street shall be upgraded to handle runoff from a 25- year storm. The design of this system shall be approved by the Public Works Department. d. The hydrology and hydraulic study shall include an analysis of Bonita Creek and that a sufficient opening be provided at San Diego Creek to allow the storm flows to pass without affecting the bicycle bridge. • e. 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. III. Cultural Resources A. Impacts. Grading activities could disrupt subsurface architectural resources or paleontological resources. A. Findings 1. Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant environmental effects as identified in the Final EIR. a. All conditions of the North Ford Development Agreement shall be fulfilled. b. A qualified archaeologist shall be present during pregrade meetings to inform the developer and grading contractor of the results of any archaeological surveys and studies completed. In addition, an archaeologist shall be present during grading activities to inspect the underlying soil for cultural resources. If significant cultural resources are uncovered, the archaeologist shall have the authority to stop or temporarily divert construction activities for a period of 48 hours to assess the significance of the finds. c. 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 appropriate data recovery program can be developed and implemented. i The cost of such a program shall be the responsibility of the landowner and /or developer. d. A paleontological monitor shall be retained by the landowner and/or developer to attend pregrade meetings and perform 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. e. Prior to issuance of any grading 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. IV. Traffic /Circulation • A. Impacts. Improvements to Camelback Street will be required to accommodate site access and to maintain access to other businesses west of Camelback Street. A. Findings. 1. Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant environmental effects as identified in the Final EIR. a. All conditions of the North Ford Development Agreement shall be fulfilled. 4 b. Access locations, lanes, transitions, and overall street design for Camelback shall be designed and approved by the Public Works Department. c. The North Ford developer shall pay for the on -site and off -site improvements to reverse the traffic flow through the Camelback Post Office parking lot and mail drop-off area. These modifications shall be completed in conjunction with the • Camelback Street improvements required of the subject development. B. Impacts. Street "A" is inadequate to serve the projected internal traffic. B. Findings 1. Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant environmental effects as identified in the Final EIR. a. All conditions of the North Ford Development Agreement shall be fulfilled. b. "A" Street at University Drive shall be widened to a minimum 70- foot right -of -way width to provide for one vehicular lane in each direction with bike lanes on each side and left -turn pockets at University Drive and "C" Street. V. Air Quality A. Impacts. Short -term increases in dust and exhaust emissions will occur in the vicinity of the site during construction. A. Findings 1. Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant environmental effects as identified in the Final EIR. a. All conditions of the North Ford Development Agreement shall be fulfilled. b. Dust shall be controlled by watering and /or dust palliative. VI. Noise A. IImct. Onsite living areas will be within the unmitigated 65 CNEL contours created.by traffc on Jambore Road and the future San Joaquin Hills Transportation Corridor. A Findings 1. Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant environmental effects as identified in the Final EIR. a. All conditions of the North Ford Development Agreement shall be fulfilled. • b. Units shall be designed based on final noise studies utilizing ultimate traffic volumes so that noise levels will not exceed 65 CNEL and 45 CNEL in the outdoor and indoor living areas, respectively. c. Prior to 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 outside living areas and active recreation areas and 45 CNEL for interior living areas. 5 0 d. Any rooftop or other mechanical equipment shall be sound attenuated in such a manner as to achieve a maximum sound level of 55 dBA at the property line. e. Any mechanical equipment and emergency power generators shall be sound - attenuated so as not to exceed 55 dBA at the property line. f. The project applicant shall construct the noise barriers required • to meet the city standards for indoor and private outdoor residential areas. Noise barriers constructed along Jamboree Road and University Drive South shall be set back from the property a minimum of four (4) feet, to allow for a landscape area between the noise barrier and the right -of -way line. • //0 g. Prior to approval of final site plans or building permits, a more detailed noise barrier analysis based on the final freeway alignment (if known) and final pad and roadway elevations will be conducted by the applicant and noise barrier locations and wall heights. Due to the fact that the final alignment and traffic volumes for the San Joaquin Hills Corridor are not known at this time, it is recommended that further analysis of the onsite noise impacts from traffic on this freeway be evaluated at such time as this information is known. h. That a formal notification program be developed and implemented to inform lessees and purchasers (both first time and future) of the future construction of the San Joaquin Hills Transportation Corridor (SJHTC). The program is to be approved by the Planning and Public Works Departments and should inform people of the location and design of the SJHTC, and that noise levels will increase when the corridor is constructed. VHI. Public Services and Utilities A. Impacts. There will be an increased demand for fire protection, police, school, public transit, power, natural gas, telephone, water and wastewater utilities. A. Findings 1. Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant environmental effects as identified in the Final EIR. a. All conditions of the North Ford Development Agreement shall be fulfilled. b. Prior to issuance of building permits, the Fire Department shall review the proposed plans for non - residential uses and may require automatic fire sprinkler protection. c. Fire Department access shall be approved by the Fire Department. d. Non - residential portions of the proposed project shall incorporate an internal security system (security guards, alarms, access limits after hours) that shall be reviewed by the Police and Fire Departments and approved by the Planning Department. e. All access to the buildings shall be approved by the Fire Department. f. All onsite fire protection (hydrants and Fire Department connectors) shall be approved by the Fire Department and Public Works Department. g. Fire vehicle access, including the proposed planter islands, shall be approved by the Fire Department. h. The landscape plan shall place heavy emphasis on fire retardant vegetation. i. If it is desired to have a control gate at the entrance, to provide street or drives, a turn - around shall be provided prior to the gate. The design of the controlled entrance shall be reviewed and approved by the Public Works Department and Fire Department. j. The California Vehicle Code shall be enforced on the private • streets and that delineation acceptable to the Police Department and Public Works Department be provided along the sidelines of the private streets. k. A letter of service regarding school services shall be executed prior to final tract map approval and shall be subject to approval by the Planning Department. 1. School bus access should be considered in the design of the local (private) streets and should incorporate bus turn -outs where needed. m. The city should ensure that all arterial roadway improvements in the project area be designed to accommodate transit operations and bus stops. In addition, bus shelters and passenger waiting areas should be provided concurrent with development. n. Bus stops shall be installed on Jamboree Road northerly of University Drive and on University Drive at the park site and Lot 10 with the locations to be determined by the Public Works Department and Orange County Transit District. o. That any cul -de -sac, building address, and street name shall comply with City Standards and shall be approved by the Fire Department. p. The turning radius at all corners shall be approved by the Fire Department. q. Final design of the project shall provide for the incorporation of water - saving devices for project_ lavatories and other water -using facilities. r. Letters of service regarding water shall be executed prior to approval of a final tract map. s. Letters of service regarding sewer shall be executed prior to approval of a final tract map. . t. Each dwelling unit shall be served with an individual water service and sewer lateral connection to the public water and sewer systems unless approved by the Public Works Department. u. The following measures will be incorporated as required bylaw: (1) Low -flush toilets (see Section 17921.3 of the Health and Safety Code), (2) Low -flow showers and faucets (California Code, Title 24, Part 6, Article 1, T20- 1406F), and • (3) Insulation of hot water lines in water recirculating systems (California Energy Commission regualtions). v. The project shall be designed to conform to Title 24, Paragraph 6, Division T -20, Chapter 2, Subchapter 4, of the California Administrative Code dealing with energy requirements. w. The project should investigate the use of alternative energy sources (i.e., solar) and, to the maximum extent economically feasible, incorporate the use of said in project designs. 7 SIGNIFICANT ENVIRONMENTAL EFFECTS WHICH CANNOT BE AVOIDED IF THE PROJECT IS IMPLEMENTED I. Hydrology A. Impacts. The-project will result in the discharge of urban water pollutants which add cumulatively to those discharged from other projects in the • watershed. A. Findings 1. Changes or other measures have been made in, or incorporated into, the project, or are otherwise being implemented which will partially mitigate this environmental impact to the extent feasible, as set forth below: a. All conditions of the North Ford Development Agreement shall be fulfilled. b.' The landscape plan shall include a maintenance program which controls the use of fertilizers and pesticides. c. Where possible, drainage systems should be designed to divert runoff around areas where significant amounts of urban pollutants accumulate (e.g., parking lots). 2. All significant environmental effects that can feasibly be avoided have been eliminated or substantially lessened by virture of mitigation measures identified in the Final EIR or otherwise incorporated into the project as set forth above. 3. Specific economic, social, or other considerations make infeasible mitigation measures or project alternatives not selected in that: a. Implementation of all project alternatives, with the exception of the "no-project" alternative, will create an environmental effect similar to that of the project. The "no-project" alternative has been rejected based_ on information contained in the Statement of Facts and the Final EIR. 4. The remaining environmental effect is acceptable when' balanced against the facts set forth in the Statement of Overriding Considerations, giving greater weight to the remaining, unavoidable significant effect, and in view of the following fact: a. Impacts identified are considered significant only on a cumulative basis resulting from the proposed project in association with other projects occurring on a local and regional scale. II. Biology A. Impacts. Construction of University Drive extension will require the removal of vegetation within and adjacent to a portion of Bonita Creek. Wildlife in the vicinity would be disturbed or displaced. Species displaced may be vulnerable to mortality. No rare or endangered species are found in the creek, however, the value of Bonita -Creek as a wildlife corridor will be diminished. • A. Findings 1. Changes or other measures have been made in, or incorporated into, the project, or are otherwise being implemented which will partially mitigate this environmental impact to the extent feasible, as set forth below: a. All conditions of the North Ford Development Agreement shall be fulfilled. 1,2 b. Consideration shall be given to the construction of an overpass style creek crossing in order to minimize impact on the value of the creek as a wildlife corridor. c. As much existing vegetation as possible should be left in place during construction of the University Drive Extension. d. Earth - moving equipment should be confined to the narrowest possible corridor during construction. Care should be taken to avoid depositing waste dirt or rubble in the creekbed or on the creek banks. e. Revegetation of the road banks should be accomplished with drought - tolerant native plant species which are compatible with riparian habitats, such as coyote bush (Baccharis pilularis). f. Per Section 1603 of the Fish and Game Code, the applicant must notify the Department of Fish and Game of changes affecting Bonita Creek. This notification (with fee) and the subsequent agreement must be completed prior to the initiation of any changes and preferrably before completion of project design features. g. The commercial and park sites should be designed to minimize light and glare spillage on adjacent properties. 2. 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 or otherwise incorporated into the project as set forth above. 3. Specific economic, social, or other considerations make infeasible mitigation measures or project alternatives not selected in that: a. Implementation of all project alternatives, with the exception of the "no-project" alternative, will create an environmental effect similar to that of the project. The "no-project" alternative has been rejected based on information contained in the Statement of Facts and the Final EIR. 4. The remaining environmental effect is acceptable when balanced against the facts set forth in the Statement of Overriding Considerations giving greater weight to the remaining, un6oidable significant effect, and in view of the following fact: a. Impacts identified are considered significant only on a cumulative basis resulting from the proposed project in association with other projects occurring on a local and regional scale. III. Aesthetics A. Impacts. The site will be altered from open space to low -lying urban development. Grading activities will require removal of all onsite vegetation. A. Findings 1. Changes or other measures have been made in, or incorporated into, the project, or are otherwise being implemented which will partially mitigate this environmental impact to the extent feasible, as set forth below: a. All conditions of the North Ford Development Agreement shall be fulfilled. - b. The landscape plan shall be subject to review by the Parks, Beaches and Recreation Department, Planning Department, and Public Works Department. c. The commercial and park sites should be designed to minimize light and glare spillage on adjacent properties. 9 d. Street trees shall be provided along public streets outside the public right -of -way as required by the Public Works Department and the Parks, Beaches, and Recreation Department. e. Landscaping shall be regularly maintained free of weeds and debris. All vegetation shall be regularly trimmed and kept in a healthy condition. f. Signage and exterior lighting shall be approved by the Planning • Department. g. All mechanical equipment, vents, and other service equipment in the commercial area should be shielded or screened from view by architectural features. h. That the top or toe of all slopes adjacent to "A", "B ", and "C" Streets be a minimum of 2 feet outside the street right -of -way line. 2. 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 or otherwise incorporated into the project as set forth above. 3. Specific economic, social, or other considerations make infeasible mitigation measures or project alternatives not selected in that: a. Implementation of all project alternatives, with the exception of the "no-project" alternative, will create an environmental effect similar to that of the project. The "no-project" alternative has been rejected based on information contained in the Statement of Facts and the Final EIR. 4. The remaining environmental effect is acceptable when balanced against the facts set forth in the Statement of Overriding Considerations giving greater weight to the remaining, unavoidable significant effect, and in view of the following fact: a. Impacts identified are considered significant only on a cumulative basis resulting from the proposed project in association with other projects occurring on a local and regional scale. IV. Air Quality A. Impacts. Long -term cumulative increases in mobile and stationary source emissions will occur on a regional level due to the increase in motor vehicle and energy usage from this and other projects in the area. A. Findings. 1. Changes or other measures have been made in, or incorporated into, the project, or are otherwise being implemented which will partially mitigate this environmental impact to the extent feasible, as set forth below: a. All conditions of the North Ford Development Agreement shall be fulfilled. b. Bike trails, pedestrian sidewalks and public transit facilities shall • be incorporated into the project design as required by the Public Works Department. c. The project will be designed to conform to Title 24, Paragraph 6, Division T -20, Chapter 2, Subchapter 4, of the California Administrative Code dealing with energy requirements. d. The applicant should investigate the use of alternative energy sources (i.e., solar) and, to the maximum extent economically feasible, incorporate the use of said in project designs (e.g., solar pool heaters). 10 f� 2. 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 or otherwise incorporated into the project as set forth above. 3. Specific economic, social, or other considerations make infeasible mitigation measures or project alternatives not selected in that: a. Implementation of all project alternatives, with the exception of • the "no-project" alternative, will create an environmental effect similar to that of the project. The "no- project" alternative has been rejected based on information contained in the Statement of Facts and the Final EIR. 4. The remaining environmental effect is acceptable when balanced against the facts set forth in the Statement of Overriding Considerations giving greater weight to the remaining, unavoidable significant effect, and in view of the following fact: a. Impacts identified are considered significant only on a cumulative basis resulting from the proposed project in association with other projects occurring on a local and regional scale. V. Energy and Natural Resources A. Impacts. Energy and natural resources consumption related to construction and long -term use of the proposed development will add to the cumulative demand for these resources. A. Findings 1. Changes or other measures have been made in, or incorporated into, the project, or are otherwise being implemented which will partially mitigate this environmental impact to the extent feasible, as set forth below: a. All conditions of the North Ford Development Agreement shall be fulfilled. b. The following measures will be incorporated as required by law: (1) Low -flush toilets, (2) Low -flow showers and faucets, and (3) Insulation of hot water lines in water recirculating systems. c. Final design of the project shall provide for the incorporation of water- saving devices for project lavatories and other water -using facilities. d. Bike trails, pedestrian sidewalks and public transit facilities shall be incorporated into the project design as required by the Public Works Department. e. The project shall be designed to conform to Title 24, Paragraph 6, Division T -20, Chapter 2, Subchapter 4 of the California Administrative Code dealing with energy requirements. f. The project should investigate the use of alternative energy sources (i.e., solar) and, to the extent economically feasible, incorporate the use of said in project designs (e.g., solar pool heaters). 2. 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 or otherwise incorporated into the project as set forth above. 3. Specific economic, social, or other considerations make infeasible mitigation measures or project alternatives not selected in that: 11 /_15� a. Implementation of all project alternatives, with the exception of the "no-project" alternative, will create an environmental effect similar to that of the project. The "no-project" alternative has been rejected based on information contained in the Statement of Facts and the Final EIR. 4. The remaining environmental effect is acceptable when balanced against the facts set forth in the Statement of Overriding Considerations giving greater weight to the remaining, unavoidable . significant effect, and in view of the following fact: a. Impacts identified are considered significant only on a cumulative basis resulting from the proposed project in association with other projects occurring on a local and regional scale. VI. Safety /School Access A. Impacts. Depending on the degree to which access and safety issues are addressed, the safety of school access from the site could still be considered a significant impact. A. Findings. 1. Changes or other measures have been made in, or incorporated into, the project, or are otherwise being implemented which will partially mitigate this environmental impact to the extent feasible, asset forth below: a. All conditions of the North Ford Development Agreement shall be fulfilled. b. A letter of service regarding school services shall be executed prior to final tract map approval and shall be subject to review by the Planning Department. c. School bus access should be considered in the design of the local (private) streets and should incorporate bus turn -outs where needed. 2. 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 or otherwise incorporated into the project as set forth above. 3. Specific economic, social, or other considerations make infeasible mitigation measures or project alternatives not selected in that: a. Implementation of all project alternatives, with the exception of the "no-project" alternative, will create an environmental effect similar to that of the project. The "no-project" alternative has been rejected based on information contained in the Statement of Facts and the Final EIR. 4. The remaining environmental effect is acceptable when balanced against the facts set forth in the Statement of Overriding Considerations giving greater weight to the remaining, unavoidable significant effect. • VII. Traffic /Circulation A. Impacts. Development of the proposed project will increase cumulative traffic levels and will contribute to traffic congestion in the area. A. Findings. 1. Changes or other measures have been made in, or incorporated into, the project, or are otherwise being implemented which will partially mitigate this environmental impact to the extent feasible, as set forth below: 12 l� a. All conditions of the North Ford Development Agreement shall be fulfilled, including the implementation of a number of roadway improvements and "fair- share" contributions to other roadway improvements which will reduce traffic congestion related to this and other projects in the area. 2. 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 or otherwise incorporated into • the project as set forth above. 3. Specific economic, social, or other considerations make infeasible mitigation measures or project alternatives not selected in that: a. Implementation of all project alternatives, with the exception of the "no-project" alternative, will create an environmental effect similar to that of the project. The "no-project" alternative has been rejected based on information contained in the Statement of Facts and the Final EIR. 4. The remaining environmental effect is acceptable when balanced against the facts set forth in the Statement of Overriding Considerations giving greater weight to the remaining, unavoidable significant effect, and in view of the following fact: a. Impacts identified are considered significant only on a cumulative basis resulting from the proposed project in association with other projects occurring on a local and regional scale. B. Impacts. During construction, increased truck traffic and construction of project - related road improvements will result in increased traffic congestion in the vicinity of the project site. B. Findings. 1. Changes or other measures have been made in, or incorporated into, the project, or are otherwise being implemented which will partially mitigate this environmental impact to the extent feasible# as set forth below: a. All conditions of the North Ford Development Agreement shall be fulfilled. i i b. Haul routes to and from the site shall be approved by the city traffic engineer and hauling procedures shall be in accordance with the transportation of materials section of the city Grading Code. c. Adequate traffic control should be maintained during construction. 2. 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 or otherwise incorporated into the project as set forth above. 3. Specific economic, social, or other considerations make infeasible mitigation measures or project alternatives not selected in that: a. Implementation of all project alternatives, with the exception of • the "no-project" alternative, will create an environmental effect similar to that of the project. The "no-project" alternative has been rejected based on information contained in the Statement of Facts and the Final EIR. 4. The remaining environmental effect is acceptable when balanced against the facts set forth in the Statement of Overriding Considerations giving greater weight to the remaining, unavoidable significant effect. 13 VIII. Noise A. Impacts. Implementation of the project will incrementally contribute to the noise along roadways generated from long -term, traffic - related sources on a cumulative basis in conjunction with other projects occurring on a local and regional scale. A. Findings • a. All conditions of the North Ford Development Agreement shall be fulfilled, including the requirement for the applicant to contribute to funds for the construction of noise walls within the city. 2. 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 or otherwise incorporated into the project as set forth above. 3. Specific economic, social, or other considerations make infeasible mitigation measures or project alternatives not selected in that: a. Implementation of all project alternatives, with the exception of the "no- project" alternative, will create an environmental effect similar to that of the project. The "no-project" alternative has been rejected based on information contained in the Statement of Facts and the Final EIR. 4. The remaining environmental effect is acceptable when balanced against the facts set forth in the Statement of Overriding Considerations giving greater weight to the remaining, unavoidable significant effect, in view of the following fact: a. Impacts identified are considered significant only on a cumulative basis resulting from the proposed project in association with other projects occurring on a local and regional scale. B. Impacts. Short -term increases in noise in the vicinity of the site will occur during the construction phase„ B. Findin 1. Changes or other ,measures have been made in, or incorporated into, the project, or ar9 otherwise being implemented which will partially mitigate this environmental impact to the extent feasible, as set forth below: a. All construction activities; will be limited to the hours of 7:00 a.m. and 7:00 p.m. Monday through Friday, and 8:00 a.m. to 5:00 p.m. on Saturday and Sunday. 2. 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 or otherwise incorporated into the project as set forth above. 3. Specific economic, social, or other considerations make infeasible mitigation measures or project alternatives not selected in that: a. Implementation of all project alternatives, with the exception of the "no-project" alternative, will create an environmental effect • similar to that of the projiect. The "no- project" alternative has been rejected based on information contained in the Statement of Facts and the Final EIR. 4. The remaining environmental effect is acceptable when balanced against the facts set forth in the Statement of Overriding Considerations giving greater weight to the remaining, unavoidable significant effect. 14 /K EXHIBIT 2 STATEMENT OF OVERRIDING CONSIDERATIONS The California Environmental Quality Act requires a public agency to balance the benefits of a proposed project against its unavoidable environmental risks in deter- mining whether to approve the project. The City of Newport Beach has determined that the unavoidable environmental risks of this project are acceptable when bal- anced 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: 1. The proposed project is consistent with the city's General Plan and zoning designations for the site. 2. The proposed project is consistent with other existing and proposed uses in the vicinity of the project and community in general. 3. The proposed project will contribute to a fair share of roadway improve- in ents. 4. The proposed project represents a new development located in an urban area where adequate facilities and services are available. 5. All impacts identified as significant which are associated with this project are regional in nature, and the project's cumulative contribution to those impacts is considered nominal and acceptable from a regional perspective. 6. The proposed project will implement established policies of the General Plan Housing Element to increase the production of housing and to provide affordable housing opportunities in the city. 7. The proposed project supports the city's reponsibility to designate suffi- cient vacant land for residential use with appropriate standards to produce housing at the lowest possible cost consistent with Section 65913 of the Government Code. 8. The proposed project supports the city's goal to provide a balanced community, with a variety of housing types and designs and housing oppor- tunities for all economic segments of the community, and to increase affordable housing for low and moderate income households. 9. 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 moder- ate income households. 10. The city of Newport Beach recognizes the unique opportunity to provide affordable housing on the North Ford site: consequently, the proposed project's residential uses will achieve a balance between residential and commercial activities and between employment and housing. 11. The community park proposed as part of the project will create a unique active recreational area that cannot be provided elsewhere within the city, and which will serve the recreational needs of all segments of the com- munity. 12. The community park been incorporated into the design process of the proposed project at an early stage to ensure that there are no conflicts between the residential and park uses. 13. The commercial site designated as part of the proposed project will pro- vide alternate shopping opportunities in a convenient location for devel- opment in the surrounding area. 14. The commercial site designated as part of the proposed project represents a new positive revenue source to the city. 15. The amendment to the planned community district regulations and Tentative Tract Map Nos. 12309, 12306, and 12271 implement the provisions of the Development Agreement #2, in which the city of Newport Beach and The Irvine Company agreed to specific provisions relative to traffic and circulation system improvements, project phasing, and the provision of affordable housing. • • 16. The completion of the University Drive south extension will improve traffic circulation in the vicinity of the project site. 1 R MEASURES 1. All conditions of the North Ford Development Agreement shall be fulfilled. 2. Development of the site shall be subject to a grading permit to be approved by the Building and Planning Departments. The application for a grading permit is to be accompanied by the grading plan and specifications, and supporting data consisting of soil engineering and • engineering geology reports or other reports required by the building official. 3. Grading shall be conducted in accordance with plans prepared by a civil engineer and based on recommendations of a soil engineer and an engineering geologist subsequent to the completion of a comprehensive soil and geologic investigation of the site. Permanent reproducible copies of the "Approved as Built" grading plans on standard size sheets shall be furnished to the Building Department. 4. Any abandoned utility lines or other underground structures should be removed, destroyed, or abandoned in compliance with specifications of the building official and recommendations of the soils engineer. Care should be taken during construction to monitor flow lines that may be critical. The existing subdrains in the northern part of the site should remain undisturbed. If disturbed during grading, subdrains should be restored to the satisfaction of the soils engineer. 5. The 12 -acre park dedication required in the development agreement shall be graded so that the full 12 acres are fully usable as an active park and to the satisfaction of the Public Works and Parks, Beachs and Recreation Departments. The park site and parking lot final grade shall be at elevation(s) providing flood protection acceptable to the Public Works Department. If fill over the MWD and MCWD water transmission facilities cannot be placed to allow use as a park site, that the boundaries of the surrounding tentative tracts are to be adjusted to provide 12 acres for the park. 6. To reduce settlement loads of the weight and bearing proposed, it is recommended that the northern portion of the site be provided with an uncompacted surcharge fill placed above the final design grade and later removed. Specifics for the surcharging program are contained in the "North Ford Grading (Study" (Moore and Taber, 1984) contained in Appendix C of the DrafVEIR. h Settlement readings for the areas subject to significant consolidation and subject to the recommended surcharge fill program should be monitored and recorded as specified in the North Ford Grading Study. Additionally, similar monitoring of the adjoining Jamboree roadbed should also be included. 8. Control of infiltration to the groundwater system for the project shall be provided as part of the project design. 9. 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 report shall be reviewed and approved by the Planning and Building Departments. . 10. To reduce sedimentation in the Upper Newport Bay, the following construction BMPs are recommended for occasional- to-frequent use within the San Diego Creek watershed (Cities of Irvine and Newport Beach and SCAG, 1983): 1. Temporary gravel construction entrance. 2. Sandbag, gravel bag, or straw bale barriers. 3. Silt fences. 4. Filter berms. 5. Filter inlets. 6. Interceptor ditches. 7. Diversion dikes. 8. Active fill diversions. 9. Permanent diversions. 10. Perimeter berms or swales. 11. Right-of -way diversions. 12. Stormwater channels. 13. Slope drains. 14. Outlet protection. 15. Level spreader. 16. Riprap. 17. Streambank stabilization. = �, • 18. Grade control structures..,, 19. Vegetation protection. 21. Mulches. 22. Temporary sediment traps. 23. Temporary sediment basins. 24. Permanent debris basins, 25. Topsoiling. 26. Dust control. 27. Stockpile stabilization. 11. The grading permit shall include, a description of haul routes, access points to the site, watering, and a sweeping program designed to minimize impact of haul operations. 12. The velocity of concentrated runoff from the project shall be evaluated and erosive velocities controlled as part of the project design. 13. Street, drainage and utility improvements shall be shown on standard improvement plans prepared by a licensed civil engineer. 14. The existing storm drain system on the easterly side of Camelback Street shall be upgraded to handle runoff from a 25 -year storm. The design of this system shall be approved by the Public Works Department. 15. The hydrology and hydraulic study shall include an analysis of Bonita Creek and that a sufficient opening be provided at San Diego Creek to allow the storm flows to pass without affecting the bicycle bridge. 16. 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. 17. A qualified archaeologist shall be present during pregrade teetings to inform the developer and grading contractor of the results of any archaeological surveys and studies completed. In addition, an archaeologist shall be present during grading activities to inspect the underlying soil for cultural resources. If significant cultural resources are uncovered, the archaeologist shall have the authority to stop or temporarily divert construction activities for a period of 48 hours to assess the significance of the finds. i8. 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 appropriate data recovery program can be developed and implemented. The cost of such a program shall be the responsibility of the landowner and /or developer. 19. A paleontological monitor shall be retained by the landowner and /or developer to attend pregrade meetings and perform 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. 20. Prior to issuance of any grading 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. 21. Access locations, lanes, transitions, and overall street design for Camelback shall be designed and approved by the Public Works Department. , ..2. 22. The North Ford developer shall pay for the on -site and off -site improvements to reverse the traffic flow through the Camelback Post Office parking lot and mail drop-off area. These modifications shall be completed in conjunction with the Camelback Street improvements required of the subject development. 23. "A" Street at University Drive shall be widened to a minimum 70 -foot right -of -way width to provide for one vehicular lane in each direction with bike lanes on each side and left -turn pockets at University Drive and "C" • Street. 24. Dust shall be controlled by watering and /or dust palliative. 25. Units shall be designed based on final noise studies utilizing ultimate traffic volumes so that noise levels will not exceed 65 CNEL and 45 CNEL in the outdoor and indoor living areas, respectively. 26. Prior to 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 outside living areas and active recreation areas and 45 CNEL for interior living areas. 27. Any rooftop or other mechanical equipment shall be sound attenuated in such a manner as to achieve a maximum sound level of 55 dBA at the property line. 28. Any mechanical equipment and emergency power generators shall be sound - attenuated so as not to exceed 55 dBA at the property line. 29. The project applicant shall construct the noise barriers required to meet the city standards for indoor and private outdoor residential areas. Noise barriers constructed along Jamboree Road and University Drive South shall be set back from the property a minimum of four (4) feet, to allow for a landscape area between the noise barrier and the right -of -way line. 30. Prior to approval of final site plans or building permits, a more detailed noise barrier analysis . based on the final freeway alignment (if, known) and final pad and roadway elevations will be conducted by the applicant and noise barrier locations and wall heights. Due to the fact that the final alignment and traffic volumes for the San Joaquin Hills Corridor are not known at this time, it is recommended that further analysis of the onsite noise impacts from traffic on this freeway be evaluated at such time as this information is known. 31. That a formal notification program be developed and implemented to inform lessees and purchasers (both first time and future) of the future construction of the San Joaquin Hills Transportation Corridor (SJHTC). The program is to be approved by the Planning and Public Works Departments and should inform people of the location and design of the SJHTC, and that noise levels will increase when the corridor is constructed. 32. Prior to issuance of building permits, the Fire Department shall review the proposed plans for non - residential uses and may require automatic fire sprinkler protection. 33. Fire Department access shall be approved by the Fire Department. 34. Non - residential portions of the proposed project shall incorporate an • internal security system (security guards, alarms, access limits after hours) that shall be reviewed by the Police and Fire Departments and approved by the Planning Department. 35. All access to the buildings shall be approved by the Fire Department. 36. All onsite fire protection (hydrants and Fire Department connectors) shall be approved by the Fire Department and Public Works Department. 37. Fire vehicle access, including the proposed planter islands, shall be approved by the Fire Department. �3 �Z3 38. The landscape plan shall place heavy emphasis on fire retardant vegetation. 39. If it is desired to have a control gate at the entrance, to provide street or drives, a turn - around shall be provided prior to the gate. The design of the controlled entrance shall be reviewed and approved by the Public Works Department and Fire Department. 40. The California Vehicle Code shall be enforced on the private streets and that delineation acceptable to the Police Department and Public Works Department be provided along the sidelines of the private streets. 41. A letter of service regarding school services shall be executed prior to final tract map approval and shall be subject to approval by the Planning Department. 42. School bus access should be considered in the design of the local (private) streets and should incorporate bus turn -outs where needed. 43. The city should ensure that all arterial roadway improvements in the project area be designed to accommodate transit operations and bus stops. In addition, bus shelters and passenger waiting areas should be provided concurrent with development. 44. Bus stops shall be installed on Jamboree Road northerly of University Drive and on University Drive at the park site and Lot 10 with the locations to be determined by the Public Works Department and Orange County Transit District. 45. That any cul -de -sac, building address, and street name shall comply with City Standards and shall be approved by the Fire Department. 46. The turning radius at all corners shall be approved by the Fire Department. 47. Final design of the project shall provide for the incorporation of water - saving devices for project lavatories and other water -using facilities. 48. Letters of service regarding water shall be executed prior to approval of a final tract map. 49. Letters of service regarding sewer shall be executed prior to approval of a final tract map. f 50. Each dwelling unit shall be served with an individual water service and sewer lateral connection to the public water and sewer systems unless approved by the Public Works Department. 51. The following measures will be incorporated as required by law: (a) Low -flush toilets (see Section 17921.3 of the Health and Safety Code), (b) Low -flow showers and faucets (California Code, Title 24, Part 6, Article 1, T20- 1406F), and (c) Insulation of hot water lines in water recirculating systems (California Energy Commission regualtions). 52. The project shall be designed to conform to Title 24, Paragraph 6, Division T -20, Chapter 2, Subchapter 4, of the California Administrative Code dealing with energy requirements. . 53. The applicant should investigate the use of alternative energy sources (i.e., solar) and, to the maximum extent economically feasible, incorporate the use of said in project designs (e.g., solar pool heaters). 54. The landscape plan shall include a maintenance program which controls the use of fertilizers and pesticides. 55. Where .possible, drainage systems should be designed to divert runoff around areas where significant amounts of urban pollutants accumulate (e.g., parking lots). 4 ay 56. Consideration shall be given to the construction of an overpass style creek crossing in order to minimize impact on the value of the creek as a wildlife corridor. 57. As much existing vegetation as possible should be left in place during construction of the University Drive Extension. 58. Earth- moving equipment should be confined to the narrowest possible corridor during construction. Care should be taken to avoid depositing • waste dirt or rubble in the creekbed or on the creek banks. 59. Revegetation of the road banks should be accomplished with drought - tolerant native plant species which are compatible with riparian habitats, such as coyote bush (Baccharis pilul iris). 60. Per Section 1603 of the Fish and Game Code, the applicant must notify the Department of Fish and Game of changes affecting Bonita Creek. This notification (with fee) and the subsequent agreement must be completed prior to the initiation of any changes and preferrably before completion of project design features. 61. The commercial and park sites should be designed to minimize light and glare spillage on adjacent properties. 62. The landscape plan shall be subject to review by the Parks, Beaches and Recreation Department, Planning Department, and Public Works Department. 63. Street trees shall be provided along public streets outside the public right - of-way as required by the Public Works Department and the Parks, Beaches, and Recreation Department. 64. Landscaping shall be regularly maintained free of weeds and debris. All vegetation shall be regularly trimmed and kept in a healthy condition. 65. Signage and exterior lighting shall be approved by the Planning Department. 66. All mechanical equipment, vents, and other service equipment in the commercial area should be shielded or screened from view by architectural. features. i 67. That the top or toe of X11 slopes adjacent to "A ", 'B ", and "C" Stieets be a minimum of 2 feet outside the street: right -of -way line. 68. Bike trails, pedestrian sidewalks and public transit facilities shall be incorporated into the project design as required by the Public Works Department. 69. Haul routes to and from the site shall be approved by the city traffic engineer and hauling procedures shall be in accordance with the transportation of materials section of the city Grading Code. 70. Adequate traffic control should be maintained during construction. 71. All construction activities will be limited to the hours of 7:00 a.m. and 7:00 p.m. Monday through Friday, and 8:00 a.m. to 5:00 p.m. on Saturday and Sunday. • 5 ,2S