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HomeMy WebLinkAbout87-41 - Santa Ana Heights Specific Plan• • RESOLUTION NO. 87 -41 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH CERTIFYING AS COMPLETE AND ADEQUATE EIR 508, 508A AND ADDENDUM FOR THE SANTA ANA HEIGHTS SPECIFIC PLAN, AND, IN APPROVING SAID PROJECT, MAKE FINDINGS AND STATEMENTS IN REGARDS TO THE ENVIRONMENTAL DOCUMENT WHEREAS, previously certified EIR 508, EIR 508A and the EIR Addendum provided environmental impact assessment for the Zoning Amendment for the Santa Ana Heights Specific Plan; and WHEREAS, the EIR was prepared in accordance with the California Environmental Quality Act (CEQA) and the State EIR Guidelines; and and WHEREAS, the EIR was circulated to the public for comment and reviews WHEREAS, the Planning Commission of the City of Newport Beach conducted public hearings to receive all public testimony with respect to the EIR; 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 amendment, and is complete and adequate and fully complies with all requirements of CEQA and the CEQA Guidelines; and WHEREAS, the City Council has reviewed all environmental documenta- tion prepared to evaluate the proposed project, including all elements of the Final EIR and the recommendation of the Planning Commission; WHEREAS, all measures necessary to mitigate the environmental impacts associated with the project have been incorporated into the project. 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 - 2 - 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 - • 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 Santa Ana Heights Specific Plan, the Planning Commission and the environ- mental documents evaluated a range of alternatives and the project is included within that range of alternatives. The City Council has considered the recom- mendation of the Planning Commission in its decision on the project. BE IT FURTHER RESOLVED, that the City Council does hereby certify the Final EIR for the Santa Ana Heights Specific Plan 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 and the CEQA Guidelines. Said Final EIR is composed of the following elements: - 3 - 8. The City Council finds that the Final EIR has described all reasonable alternatives to the project that could feasibly obtain the basic objectives of the project, even when 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 isthe 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 Santa Ana Heights Specific Plan, the Planning Commission and the environ- mental documents evaluated a range of alternatives and the project is included within that range of alternatives. The City Council has considered the recom- mendation of the Planning Commission in its decision on the project. BE IT FURTHER RESOLVED, that the City Council does hereby certify the Final EIR for the Santa Ana Heights Specific Plan 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 and the CEQA Guidelines. Said Final EIR is composed of the following elements: - 3 - a) EIR 508 and EIR 508A b) EIR 508A Addendum c) Planning Commission Staff Reports d) Planning Commission Minutes e) City Council Staff Reports £) City Council Minutes g) City Council Resolutions h) Comments and responses received prior to final action and not contained in a) through g) above. • 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, California 92658 -8915, (714) 644 -3225. ADOPTED THIS 27th ATTEST: PLT/kk CC21 • day of April , 1987. - 4 - Exhibit 1 CEQA STATEMENT OF FINDINGS AND FACTS AMENDMENT NO. 646 SANTA ANA HEIGHTS SPECIFIC PLAN ENVIRONMENTAL IMPACT REPORT 508, 508A AND ADDENDUM 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 CERTIFICATION OF AN ENVIRONMEN- TAL IMPACT REPORT AND APPROVAL OF AMENDMENT NO. 646 ADOPTING THE SANTA ANA HEIGHTS SPECIFIC PLAN. 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 EIR has been completed which identifies one or more significant environmental effects of the project unless the public agency makes one or more written findings for each of those significant effects accompanied by a brief explanation of the rationale for each finding. The possible findings are: 1. Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect 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 considera- tions make infeasible the mitigation measures or project alternatives identified in the Final EIR (Section 15091 of the Guidelines)." The City of Newport Beach is considering approval of a Specific Plan for Santa Ana Heights as pre- annexation zoning for the area. The project includes the certification of environmental documentation, which consists of previously certified Environmental Impact Report 508 and supplemental EIR 508A and an EIR Addendum. A substantially similar project was reviewed and approved by the County of Orange, which was the project for which supplemental EIR 508A was prepared. The environmental documentation has identified certain significant effects which may occur as a result of the project, or on a cumulative basis in conjunction with other past, present and reasonably foreseeable future projects. Further, the City 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 are herein made: �• Ultimate development of the project will result in certain significant unavoidable adverse impacts to the environment, as indicated below and in the Final EIR. With respect to those impacts, the City Council of Newport Beach makes the findings as stated on the following pages. FINDINGS AND FACTS IN SUPPORT OF FINDINGS FOR SIGNIFICANT ENVIRONMENTAL EFFECTS OF THE PROJECT EFFECTS DETERMINED TO MITIGABLE TO LEVEL OF INSIGNIFICANCE HYDROLOGY • Significant Effect * Increases in runoff due to increased paved surfaces will occur with development. Finding Changes or alterations have been required in, or incorporated into, the project which avoid or substan- tially lessen the significant environmental effect as identified in the Final EIR. Facts in Support of Finding The significant effect has been substantially lessened to a level of insignificance by virtue of the Mitigation Measures identified in the Final EIR and incorporated into the project. These measures include the following: 1. Applicants for new development shall implement Best Management Practices (BMPs) included in the Upper Newport Bay 11208" Water Quality Control Plan. TRAFFIC AND CIRCULATION Significant Effect * Implementation of the Specific. Plan will result in a net increase of approximately 15,140 trip ends. Approxi- mately 2,000 trips will occur in the a.m. peak hour and 2,000 trips in the evening peak hour. Finding 1. Changes or alterations have been required in, or incorporated into, the project which avoid or substan- tially lessen the significant environmental effect as identified in the Final EIR. Facts in Support of Finding The significant effect has been substantially lessened to a level of insignificance by virtue of the Mitigation Measures identified in the Final EIR and incorporated into the project. These measures include the following: 1. Street improvements in conformance with the Circulation Plan of the Specific Plan will be constructed concur- rently with project construction. 2. Coordination of signal phasing along Irvine Avenue near • the project shall be considered to facilitate peak flows from the business park. 3. A traffic monitoring program shall establish the phasing of recommended circulation system improvements. 4. A final access plan for Zenith Avenue residential lots shall be adopted at subsequent: levels of approval. AIR QUALITY Significant Effect * Short-term air quality impacts will result from con- struction and grading activities during construction. Finding • 1. Changes or alterations have been required in, or incorporated into, the project which avoid or substan- tially lessen the significant environmental effect as identified in the Final EIR. Facts in Support of Finding The significant effect has been substantially lessened to a level of insignificance by virtue of the Mitigation Measures identified in the Final EIR and incorporated into the project. These measures include the following: 1. Development within the specific plan area will comply with SCAQMD rules and regulations. NOISE Significant Effect * Noise levels will increase along project arterials; including increases of more that 3 dBA on Acacia Street and Birch Street. Finding 1. Changes or alterations have been required in, or incorporated into, the project which avoid or substan- tially lessen the significant environmental effect as identified in the Final EIR. Facts in Support of Finding The significant effect has been substantially lessened to a level of insignificance by virtue of the Mitigation Measures identified in the Final EIR and incorporated into the project. These measures include the following: 1. The Specific Plan recommends widening of Birch Street, Mesa Drive westerly of Birch Street, and Acacia Street to secondary arterial standards and proposes business park uses along Birch Street and Acacia Street. Significant Effect Existing residential uses will continue to be exposed to excessive aircraft noise levels. Finding 1. Changes or alterations have been required in, or • incorporated into, the project which avoid or substan- tially lessen the significant environmental effect as identified in the Final EIR. Facts in Support of Finding The significant effect has been substantially lessened to a level of insignificance by virtue of the Mitigation Measures identified in the Final EIR and incorporated into the project. These measures include the following: 1. The Acoustical Insulation Program of the County of Orange which is a part of the mitigation measures adopted as part of the approval of the John Wayne Airport Master Plan shall be available for approximately 365 dwelling units. AESTHETICS • Significant Effect * Aesthetic view impacts for the business park - residential interface are considered significant. Finding 1. Changes or alterations have been required in, or incorporated into, the project which avoid or substan- tially lessen the significant environmental effect as identified in the Final EIR. Facts in Support of Finding The significant effect has been substantially lessened to a level of insignificance by virtue of the Mitigation Measures identified in the Final EIR and incorporated into the project. These measures include the following: 1. The Specific Plan includes a Community Design Program to buffer residential uses from 'the business park. Significant Effect * Viewshed impacts upon scattered residential lots remaining within the business park are considered significant. Finding 1. Changes or alterations have been required in, or incorporated into, the project which avoid or substan- tially lessen the significant environmental effect as identified in the Final EIR. Facts in Support of Finding The significant effect has been substantially lessened to a level of insignificance by virtue of the Mitigation Measures identified in the Final EIR and incorporated into the project. These measures include the following: 1. A landscape buffer and building setbacks are required to screen and soften views from existing residential uses to business park uses. RECREATION Significant Effect • * Localized impacts on equestrian facilities within the designated business park will occur. Finding 1. Changes or alterations have been required in, or incorporated into, the project which avoid or substan- tially lessen the significant environmental effect as identified in the Final EIR. Facts in Support of Findin The significant effect has been substantially lessened to a level of insignificance by virtue of the Mitigation Measures identified in the Final EIR and incorporated into the project. These measures include the following: 1. The Specific Plan designates a Residential Equestrian • District, and includes a local. equestrian trail. LIGHT AND GLARE Significant Effect * Adjacent residences may experience increased light and glare from business park development. Finding 1. Changes or alterations have been required in, or incorporated into, the project which avoid or substan- tially lessen the significant environmental effect as identified in the Final EIR. Facts in Support of Finding The significant effect has been substantially lessened to a level of insignificance by virtue of the Mitigation Measures identified in the Final EIR and incorporated into the project. These measures include the following: 1. Architectural and landscape guidelines shall require siting, materials and lighting which will reduce light and glare. PUBLIC SERVICES /UTILITIES Significant Effect Implementation of the Specific Plan will require water service improvements to meet ultimate service demands. Finding 1. Changes or alterations have been required in, or incorporated into, the project which avoid or substan- tially lessen the significant environmental effect as identified in the Final EIR. Facts in Support of Finding The significant effect has been substantially lessened to a level of insignificance by virtue of the Mitigation Measures identified in the Final EIR and incorporated into the project. These measures include the following: 1. The Public Services /Utilities Plan requires line improvements concurrently with project development. • Significant Effect * Future sewer service demands will require improvements to lines and pump stations. Finding 1. Changes or alterations have been required in, or incorporated into, the project which avoid or substan- tially lessen the significant environmental effect as identified in the Final EIR. Facts in Support of Finding The significant effect has been substantially lessened to a level of insignificance by virtue of the Mitigation Measures identified in the Final EIR and incorporated into the • project. These measures include the following: 1. The Public Services /Utilities Plan requires line and pump improvements concurrently with project development. Significant Effect * Proposed land use changes will require area storm drain improvements. Finding 1. Changes or alterations have been required in, or incorporated into, the project which avoid or substan- tially lessen the significant environmental effect as identified in the Final EIR. Facts in Support of Finding The significant effect has been substantially lessened to a level of insignificance by virtue of the Mitigation Measures identified in the Final EIR and incorporated into the project. These measures include the following: The Public Services /Utilities Plan requires catch basin and line improvements concurrently with project develop- ment. 0 7 SIGNIFICANT EFFECTS WHICH CANNOT BE AVOIDED IF THE PROJECT IS The following effects are those determined by the City of Newport Beach to be significant environmental effects which cannot be avoided if the project is implemented. All significant environmental effects that can be feasibly avoided have been eliminated or substantially lessened by • virtue of mitigation measures identified in the Final EIR and incorporated into the project as set forth above. The remaining, unavoidable significant effects are acceptable when balanced against the facts set: forth in the Statement of Overriding Considerations made below, giving greater weight to the remaining, unavoidable environmental effect. TRAFFIC AND CIRCULATION Significant Effect The project is anticipated to generate approximately 15,000 additional daily vehicle trips of which 2,000 will occur in the a.m. peak hour and 2,000 will occur in the p.m. peak hour. Temporary congestion may occur in the immediate area and area intersections will be at or beyond their design capacity. Findings 1. Changes or alterations have been required in, or incorporated into, the project which avoid or substan- tially lessen the significant environmental effect as identified in the Final EIR. 2. Some changes or alterations are within the responsibil- ity 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 4. A final access plan for Zenith Avenue residential lots shall be adopted at subsequent levels of approval. The significant effect has been substantially lessened to the extent that changes or alterations have been required in, or incorporated into, the project which avoid or substantially adopted by such other agency. 3. Specific economic, social, or other considerations make infeasible the mitigation measures or project alterna- tives identified in the Final EIR (Section 15091 of the Guidelines). Facts in Support of Findings The significant effect has been substantially lessened by virtue of the Mitigation Measures identified in the Final EIR and incorporated into the project:. These measures include the following: 1. Street improvements in conformance with the Circulation Plan of the Specific Plan will be constructed concur- rently with project construction. 2. Coordination of signal phasing along Irvine Avenue near the project shall be considered to facilitate peak flows from the business park. 3. A traffic monitoring program shall establish the phasing • of recommended circulation system improvements. 4. A final access plan for Zenith Avenue residential lots shall be adopted at subsequent levels of approval. The significant effect has been substantially lessened to the extent that changes or alterations have been required in, or incorporated into, the project which avoid or substantially LI lessen the significant environmental effect as identified in the Final EIR. 1. The City of Newport Beach has defined road sections for Acacia Street, Birch Street and Mesa Drive westerly of Birch Street which will provide for adequate road capacity for the proposed business park. 2. The City of Newport will conduct a study to define a preferred alignment for the connection of Mesa Drive to Birch Street to provide adequate roadway capacity for business park uses. Changes or alterations are within the responsibility and jurisdiction of another public agency and not the one making the finding. 1. The State Department of Transportation has the overall responsibility for major roadways and freeways in the region. 2. The County of Orange is responsible for the implementa- tion of the San Joaquin Hills Transportation Corridor. The significant effect has been substantially lessened to the extent feasible, however, specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the Final EIR. 1. The project represents the best balance and mix of uses for the project area, all factors considered. 2. The alternatives set forth for the site were rejected for the reasons as set forth above and in the subsequent sections of this statement. 3. The developments will be required by the City's Fair Share Traffic Contribution Ordinance (Chapter 15.38 NBMC) to provide an additional monetary contribution to the City for use in the construction of circulation system improvements which will increase the capacity of the roadway system in the City of Newport Beach. The purpose of the Ordinance is the provide funds for the construction of improvements so that traffic generated by development and redevelopment within the City will not result in unacceptable congestion of the circulation system. 4. Regarding regional roadways, the developments will also be required to participate in the City's adopted San Joaquin Hills Transportation Corridor Fee Program. The program is consistent with the Orange County San Joaquin Hills Transportation Corridor Fee Program, established to fund the construction of the Transportation Corridor to improve regional roadway capacities and reduce congestion. The remaining unavoidable significant effect is acceptable when balanced against facts set forth in the Statement of Overriding Considerations and in view of the fact that the • impact identified is considered significant only on a cumulative basis, resulting from the proposed project in association with other past, present and reasonably foresee- able future projects. 9 AIR QUALITY /ACOUSTIC ENVIRONMENT /LP.,ND USE /AESTHETICS Significant Effect * The project will incrementally increase the urban character of the area and will result in increased traffic, air pollutant emissions and noise levels within the immediate vicinity. isFindings 1. Changes or alterations have been required in, or incorporated into, the project which avoid or substan- tially lessen the significant environmental effect as identified in the Final EIR. 2. Some changes or alterations are within the responsibil- ity 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 alterna- tives identified in the Final EIR (Section 15091 of the Guidelines). Facts in Support of Findings The significant effect has been substantially lessened by virtue of the Mitigation Measures :identified in the Final EIR and incorporated into the project.. These measures include the following: 1. Development within the specific plan area will comply with SCAQMD rules and regulations. 2. The Specific Plan recommends widening of Birch Street, Mesa Drive westerly of Birch Street, and Acacia Street to secondary arterial standards and proposes business park uses along Birch Street and Acacia Street. 3. A landscape buffer and building setbacks are required to screen and soften views from existing residential uses to business park uses. The significant effect has been substantially lessened to the extent that changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. 1. The permitted building height: has been reduced from 37 feet to 35 feet. 2. The building setback on Bristol Street has been in- creased from 65 feet to 75 feet. 3. A landscape buffer requirement has been added between the R -1 (8,000) and Professional Administrative zones. • 4. The list of permitted uses has been refined to achieve the specific land use goals of the LUCP. Changes or alterations are within the responsibility and jurisdiction of another public agency and not the one making the finding. 10 1. The State Department of Transportation has the overall responsibility for major roadways and freeways in the region. 2. The County of Orange is responsible for the implementa- tion of the San Joaquin Hills Transportation Corridor. 3. The State Air Resources Board is responsible for the • attainment of national air quality standards. 4. The South Coast Air Quality Management District is responsible for basin air quality. 5. The Southern California Association of Governments in association with the SCAQMD is responsible for the Air Quality Management Plan (AQMP) for the airshed. The significant effect has been substantially lessened to the extent feasible, however, specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the Final EIR. 1. The project represents the best balance and mix of uses for the project area, all factors considered. 2. The alternatives set forth for the site were rejected for the reasons as set forth above and in the subsequent sections of this statement. The remaining unavoidable significant effect is acceptable when balanced against facts set forth in the Statement of Overriding Considerations and in view of the fact that the impact identified is considered significant only on a cumulative basis, resulting from the proposed project in association with other past, present and reasonably foresee- able future projects. HOUSING Significant Effect * The project will result in approximately 4,050 addi- tional permanent employees. While it can be assumed that a major portion of new employees will be provided through the local labor market, a certain portion will be drawn from outside and will thus increase demand for housing, particularly in the affordable range. Finding 3. Specific economic, social, or other considerations make infeasible the mitigation measures or project alterna- tives identified in the Final. EIR (Section 15091 of the Guidelines). Facts in Su000rt of Finding The significant effect has been substantially lessened to the extent feasible, however, specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the Final EIR. 1. The project represents the best balance and mix of uses for the project area, all factors considered. 2. The alternatives set forth for the site were rejected for the reasons as set forth above and in the subsequent sections of this statement. 11 The remaining unavoidable significant effect is acceptable when balanced against facts set forth in the Statement of Overriding Considerations and in view of the fact that the impact identified is considered significant only on a cumulative basis, resulting from the proposed project in association with other past, present and reasonably foresee- able future projects. • PUBLIC SERVICES AND UTILITIES Sianificant Effect * Project implementation will incrementally add to demand for major new infrastructure in the area including circulation improvements, fire protection, water systems and electrical facilities. Project implementation will incrementally add to the cumulative demand for finite resources such as energy and water. Findings 1. Changes or alterations have been required in, or incorporated into, the project which avoid or substan- tially lessen the significant environmental effect as identified in the Final EIR. 2. Some changes or alterations are within the responsibil- ity 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. Facts in Support of Findings The significant effect has been substantially lessened by virtue of the Mitigation Measures identified in the Final EIR and incorporated into the project. These measures include the following: 1. The Public Services /Utilities Plan requires line improvements concurrently with project development. 2. The Public Services /Utilities Plan requires line and pump improvements concurrently with project development. 3. The Public Services /Utilities Plan requires catch basin and line improvements concurrently with project develop- ment. Changes or alterations are within the responsibility and jurisdiction of another public agency and not the one making the finding. 1. The State Department of Transportation has responsibil- ity for major roadways and freeways in the region. 2. The County of Orange is responsible for the implementa- tion of the San Joaquin Hills Transportation Corridor. • The significant effect has been substantially lessened to the extent feasible, however, specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the Final EIR. 1. The project represents the best balance and mix of uses for the project area, all factors considered. 12 2. The alternatives set forth for the site were rejected for the reasons as set forth above and in the subsequent sections of this report. The remaining unavoidable significant effect is acceptable when balanced against facts set forth in the Statement of Overriding Considerations and in view of the fact that the impact identified is considered. significant only on a • cumulative basis, resulting from the proposed project in association with other past, present and reasonably foresee- able future projects. • 13 PROJECT ALTERNATIVES The Draft EIR evaluated alternatives for the project. The approved project is substantially the same as the project analyzed in the Draft EIR. Minor technical additions to the environmental information were included in the Addendum to the EIR prepared by the City of Newport Beach. The project selected is within the range of alternatives analyzed, and has similar environmental effects, although those effects have been lessened. The plan was modified during the course of public review through a series of actions including, but not limited to, those listed below: 1. The City Staff analysis of the project. 2. The testimony at the public hearings on the project and EIR held before the City of Newport Beach Planning Commission and City Council. 3. The recommendations of the Newport Beach Planning Commission. 4. The data in the Final EIR. Findings 1. The refined project has been accomplished in a manner so as to provide the greatest public involvement in the planning and CEQA process. 2. The process has developed a project which is in substan- tial conformance with that described in the Notice of Preparation and for which the EIR was prepared. 3. The Certified Final EIR indicates all refinements which have been incorporated in the project. 4. The mitigation measures have been made a part of the refined project. 5. The following provides a brief description of project alternatives. 6. The alternatives were rejected in favor of the current project proposal. 7. The rationale for rejection of each alternative is provided below. 8. The rejection rationale is supported by the public record including, but not limited to, the Certified Final EIR. NO PROJECT ALTERNATIVE The No Project Alternative would leave the area without pre - annexation zoning classifications. Findings • Specific economic, social, or other considerations make infeasible the No Project Alternative described in the Final EIR. Facts in Support of Finding 1. The No Project alternative would not be consistent with the Airport Land Use Compatibility Program. 14 2. The No Project Alternative does not provide for the mixed uses on -site, which result in a significant reduction in peak hour traffic. generated by the project. Eight land use alternatives were studied in the Land Use Compatibility Program and analyzed in EIR 508. The plan • adopted by the County of Orange for Santa Ana Heights was agreed to by the City of Newport Beach in the Airport settlement agreement. Land use alternatives are not within the range of possible actions which can be taken by the City of Newport Beach in the adoption o2' pre- annexation zoning for Santa Ana Heights. CIRCULATION ALTERNATIVES Alternative 1 Alternative 1 includes a cul -de -sac at the southern terminus of Acacia Street within the business park area. Findina Alternative 1 was rejected due to specific significant environmental effects which would result from implementation of the alternative. Facts in Support of Finding 1. Traffic volumes on Orchard Drive near Irvine Avenue will increase from 4,410 ADT to 9,640 ADT. 2. Traffic volumes on Acacia Street will increase from 687 ADT to 4,430 ADT. Alternative 2 Alternative 2 proposes Birch Street. south of Orchard Drive to be realigned to facilitate access through the business park to Mesa Drive /Irvine Avenue. A portion of the existing Birch Street south of Orchard Drive is realigned to intersect with the new alignment and a portion is abandoned and becomes a private street. Acacia Street is realigned to intersect with Birch Street extended. Alternative 2 facilitates circulation through the southern portion of the business park. This alternative was recom- mended to remain under consideration throughout the public hearing process. The City of Newport Beach is adopting a modification of Alternative 2. The Plan adopted by the City of Newport Beach calls for the connection of Birch Street to Mesa Drive, with the precise alignment to be determined after an alignment study. The environmental effects of modified Alternative 2 are substantially similar to those identified in the EIR. Finding • The City of Newport Beach rejects the proposed project in favor of the adoption of Circulation Alternative 2 (modi- fied). The adoption of the alternative will reduce specific environmental effects of the proposed project. Facts in Support of Finding 1. Improved circulation through the southern portion of the business park in necessary to accommodated the planned level of development in the business park area. 2. Adequate circulation minimize encroachment adjacent residential • 15 in the business park area will of business park traffic into the areas. 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 determining whether to approve the project. The City of Newport Beach has deter- mined that the unavoidable risks 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 other existing uses in the vicinity of the project and the community in general. 2. The proposed project represents infill development located in an urban area. 3. The density and intensity of the project is appropriate. 4. The proposed project will contribute to a fair share of local and regional roadway improvements, specifically the City's Fair Share Traffic Contribution Ordinance, and the San Joaquin Hills Transportation Corridor Fee Program. 5. Revenues generated by the project will exceed costs associated with serving the project, resulting in net revenue for the City. 6. The project includes a mix of office and retail uses and existing residential development, which will reduce the peak hour traffic generation ordinarily anticipated from office projects. 7. The project will maintain equestrian areas allowing for a broader range residential choices in Newport Beach. 8. The project will make a number of circulation improve- ments, which will provide capacity for this project, as well as existing uses and future planned development and will reduce congestion in the area. 9. The size and scale of the project will allow for the retention of small employers within the community. PLT ED \A646FDG.EIR 4/21/87