HomeMy WebLinkAbout92-88 - Final Environmental Impact Report 148•
RESOLUTION NO. 92- 8 8
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH CERTIFYING AS COMPLETE AND
ADEQUATE THE FINAL ENVIRONMENTAL IMPACT
REPORT NO. 148 FOR THE CIRCULATION IMPROVE-
MENT AND OPEN SPACE AGREEMENT
WHEREAS, the Draft Environmental Impact Report No. 148 provided
environmental impact assessment for the proposed Circulation Improvement and Open
Space Agreement, and
WHEREAS, the DEIR was prepared in accordance with the California
Environmental Quality Act (CEQA), the State CEQA Guidelines and Council Policy K -3;
and
and
WHEREAS, the DEIR was circulated to the public for comment and review;
WHEREAS, written comments were received from the public during and after
the review period; and
WHEREAS, the Planning Commission of the City of Newport Beach
conducted a public hearing to receive public testimony with respect to the DEIR; and
WHEREAS, such comments and testimony were responded to through
Response to Comments 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 15088 (b);
,oe
WHEREAS, as a result of the additional information provided in the
Response to Comments, a supplemental EIR was prepared and circulated for public
• comment; and
WHEREAS, the SEIR was prepared in accordance with the California
Environmental Quality Act (CEQA), the State CEQA Guidelines and Council Policy K -3;
WHEREAS, written comments were received from the public during and after
the review period; and
WHEREAS, such comments and testimony were responded to through
Response to Comments and staff reports submitted to the City Council; and
• WHEREAS, such comments and testimony were fully and adequately
responded to in the manner set forth in California Administrative Code Section 15088 (b);
and
WHEREAS, the City Council of the City of Newport Beach has reviewed all
environmental documents comprising the EIR and has found that the EIR considers all
environmental impacts of the proposed Circulation Improvement and Open Space
Agreement completely and adequately and fully complies with all requirements of CEQA
and the CEQA Guidelines; and
WHEREAS, the City Council has reviewed and considered the information
contained in the certified final EIR in making its decision on the proposed Circulation
Improvement and Open Space Agreement; and
WHEREAS, the City Council desires to approve the project; and
WHEREAS, the City Council by this Resolution adopts the Statement of Facts
and Statement of Overriding Considerations as required by Sections 15091 and 15093 of the
State CEQA Guidelines; and
WHEREAS, Section 21002.1 of CEQA and Section 15091 of the State CEQA
Guidelines require that the City Council make one or more of the following Findings prior
to the approval of a project for which an EIR has been completed, identifying one or more
significant effects of the project, along with Statements of Facts supporting each Finding:
FINDING 1 - Changes or alterations have been required in, or incorporated
into, the project which mitigate or avoid the significant environmental effects
thereof as identified in the EIR.
• FINDING 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.
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FINDING 3 - Specific economic, social or other considerations make
infeasible the mitigation measures or project alternatives identified in the
EIR; and
WHEREAS, Section 15092 provides that the City shall not decide to approve
or carry out a project for which an EIR was prepared unless it has
•
(A) Eliminated or substantially lessened all significant effects on the
environment where feasible as shown in the findings under Section 15091, and
(B) Determined that any remaining significant effects on the environment
found to be unavoidable under Section 15091 are acceptable due to overriding
concerns as described in Section 15093; and
WHEREAS, Section 15093 (a) of the State CEQA Guidelines requires the
City Council to balance the benefits of a proposed project against its unavoidable
environmental risks in determining whether to approve the project; and
WHEREAS, Section 15903 (b) of the State CEQA Guidelines requires, where
the decision of the City Council allows, the occurrence of significant effects which are
identified in the EIR but are not mitigated, the City must state in writing the reasons to
support its action based on the EIR or other information in the record.
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 Finding is true and 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 supported by substantial evidence in the record,
isincluding the Final EIR. The Statement of Overriding Considerations 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.
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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 be feasibly 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 and enforced by the mitigation
monitoring program.
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 impact of the
project, as identified in the Statement of Facts, that has not been reduced to a level of
insignificance has been substantially reduced in impact by the imposition of Conditions on
the approved project and the imposition of mitigation measures. The City Council finds that
the remaining unavoidable significant impact is clearly outweighed by the economic, social
and other benefits of the project, as set forth in the Statement of Overriding Considerations.
8. The City Council finds that the Final EIR has described all reasonable
alternatives to the project that could feasibly attain the basic objectives of the project, even
when those alternatives might impede the attainment of other project objectives and might
be more costly. Further, the City Council finds that a good faith effort was made to
incorporate alternatives in the preparation of the draft EIR and all reasonable alternatives
were considered in the review process of the Final EIR and ultimate decisions on the
project.
9. The City Council finds that the project should be approved as modified
• by the design alternative described in the Statement of Facts and Findings, 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 Consider-
ations.
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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
Circulation Improvement and Open Space Agreement, the Environmental Impact Report
evaluated a range of alternatives. The City Council has considered the recommendation of
• the Planning Commission in its decision on the project.
NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby
certify the Final Environmental Impact Report No. 148 for the Circulation Improvement and
Open Space Agreement 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 State CEQA Guidelines. Said Final Environmental
Impact Report is comprised of the following elements:
1. Draft EIR and Technical Appendices
2. Responses to Comments
3. Supplemental EIR and Technical Appendices
4. SEIR Responses to Comments
5. Planning Commission Staff Reports
6. Planning Commission Minutes
7. Planning Commission Resolutions, Findings and Conditions for
Recommended Approval
8. City Council Staff Reports
9. City Council Minutes
10. City Council Ordinances, Resolution and Findings and Conditions for
Approval
11. Comments and Responses received prior to final action and not
contained in 1 through 10 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 92659 -1768, (714) 644 -3225.
ADOPTED THIS 24th day of August 1992.
CITY CLERK
Attachments: Exhibits 1 & 2
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PLT:.. \ED \EIR \EIR148. RS1
EXHIBIT 1
STATEMENT OF FINDINGS AND FACTS
FINAL ENVIRONMENTAL IMPACT REPORT 148
• CIRCULATION IMPROVEMENT AND OPEN SPACE AGREEMENT
•
MENIF : I_•
The California Environmental Quality Act (CEQA) and the 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 environmen-
tal effect as identified in the Final EIR.
2. Such changes or alterations are within the responsibility and jurisdic-
tion 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 has determined that the proposed project should be approved.
A description of the project to be approved is provided below. Because the proposed
actions constitute a project under CEQA, and the Initial Study determined that the project
could have significant effects on the environment, the City of Newport Beach has prepared
an Environmental Impact Report (EIR). This EIR indicates that there will be significant
impacts as a direct result of the project in the area of land use, biological resources and
public services and utilities (fire protection services); and that significant effects in the areas
of aesthetics and air quality will occur on a cumulative basis as a result of the project in
conjunction with other past, present and reasonably foreseeable future projects. The
Findings and Facts set forth below explain the City's reasons for determining that the project
should be approved as proposed.
ExmBrr 1 Page 1 of 47.
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A. PROJECT OBJECTIVES - CITY OBJECTIVES
The City of Newport Beach has several means which it uses to fund park land
acquisition and circulation system improvements. These procedures often rely
on the development of land in the City. In determining to pursue the
possibility of the Circulation Improvement and Open Space Agreement with
• The Irvine Company, the City Council saw the possibility of implementation
of General Plan circulation improvement goals in advance of the build -out of
land uses allowed by the General Plan. In addition, the City Council saw the
possibility of acquiring open space above the General Plan requirements and
in advance of when it could otherwise be acquired.
The specific objectives of the City of Newport Beach are:
1. To achieve the dedication of significant public open space consistent
with the goals of the General Plan at no financial cost to the City.
2. To the greatest extent feasible, to achieve the dedication of important
and meaningful public open space in excess of the minimum require-
ments of the General Plan.
3. To identify and achieve dedication of all or a portion of one or more
sites appropriate for passive and active recreational purposes.
4. To achieve dedication of environmentally sensitive areas.
5. To identify and achieve dedication of all or a portion of certain sites
appropriate for the provision of necessary public facilities such as
streets and highways, utility easements, a fire station, and similar
facilities which may be identified in the future.
6. To alter entitlement whenever possible in ways which will improve the
jobs /housing balance in the City.
7. To approve residential development with sufficient density to provide
for a maximum amount of affordable housing in the community.
8. To provide appropriate housing for all economic segments of the
community.
9. To maintain and improve the City's financial ability to provide a full
range of services to its constituents and to expand and improve those
services when desirable.
10. To maximize public access to important public open spaces and
resources so that residents and visitors may enjoy the benefits of living
in or visiting a unique coastal community consistent with the provisions
of the Coastal Act of 1976 and the City's Local Coastal Program, Land
Use Plan.
• 11. To provide a mechanism for the early funding and construction of
significant components of the City's Master Plan of Streets and
Highways. This mechanism includes:
a. Early payment of Fair Share Fees by The Irvine Company for
their remaining development on the subject sites.
EX1Mrr 1 Page 2 of 47.
b. A commitment by The Irvine Company to construct all required
frontage improvements related to the approved entitlement.
C. An advance of funds by The Irvine Company to allow the City
to construct important circulation system improvements as
quickly as possible.
d. To make available funds in order to place the City in a superior
• position to obtain outside matching funds for improvements.
B. PROJECT OBJECTIVES - THE IRVINE COMPANY OBJECTIVES
The general objectives of The Irvine Company are:
1. Establish a program of open space dedications in exchange for vested
approval to allow development of certain properties.
2. Satisfy the requirements of the Traffic Phasing Ordinance by providing
significant funding for needed circulation system improvements under
the terms of an Agreement that create a net benefit to the City.
3. Obtain approval of a plan for each of the parcels under a comprehen-
sive planting program that is generally consistent with the General
Plan and allows for a fiscally sound project.
4. Create a balanced community offering a range of housing opportunities
in a variety of locations.
5. Vest land use entitlements and zoning for 956 residential units and
202,000 square feet of non - residential uses on the significant remaining
undeveloped parcels of land in the City owned by The Irvine Company
by obtaining approval of an Agreement to allow construction of the
projects under the terms of the Agreement.
The specific objectives of The Irvine Company are:
1. Vs:
Vest approval of a community plan that preserves significant areas of
the site for public open space including a view park along the bluff and
an active park adjacent to Dover Drive and maintains a minimum
development area of 26 acres for 151 residential units. This entitle-
ment will allow for an economically viable development of the site.
2. BB drew Landing:
Vest approval to build a 10,000 square foot restaurant or 40,000 square
foot athletic club on the lower portion of the site. Allow for an
alternate development of 120 affordable senior citizen housing units
with the transfer of 30,000 square feet of retail entitlement to Newport
Center - Fashion Island. Offer to dedicate the upper portion of the
site to the City as open space in order to preserve and possibly
• enhance public views to the Bay. This entitlement will allow for an
economically viable development of the site.
3. porter North:
Vest approval of a community plan that preserves areas of the site for
public open space including a view park along the bluff and natural
ExtMrr 1 Page 3 of 47.
habitat areas and maintain a minimum development area of 30 acres
for 212 residential units. This entitlement will allow for an economi-
cally viable development for the area.
4. San Diego Creek North and Jamboree /MacArthur:
Dedicate these sites to the City or other public agency for open space
and public facility purposes and give up office entitlement in order to
• provide substantial public benefits in exchange for vesting rights to
develop other sites.
5. San Diego Creek South:
Vest approval of a community plan for 300 residential units on 18.6
acres. This entitlement will allow for an economically viable develop-
ment of the site.
6. Freewav Reservation East:
Vest approval of a community plan for a total of 48 residential units
in two areas on the site totalling 11 acres. Dedicate the remaining
area to the City for open space. This entitlement will allow for an
economically viable development of the site.
7. Block 800 - Newport Center:
Vest approval of a community plan for development of 245 residential
units that allows for an economically viable project.
8. Corporate Plaza West,
Vest approval of a community plan for development of an additional
94,000 square feet of office use. This entitlement will allow for an
economically viable development of the site.
9. Newporter Knoll:
Dedicate the site for open space as part of an agreement to vest
entitlement on other sites.
10. Newporter Resort:
Vest approval to build an additional 68 hotel rooms on -site. This
entitlement will allow for an economically viable addition to the
existing land use of the site.
11. Newport Village:
Dedicate the site between the City's Central Library site and San
Miguel Road for open space as part of an agreement to vest entitle-
ment on other sites and to allow The Irvine Company to maintain
interim ownership of the portion of the San Diego Creek North site
• adjacent to San Diego Creek for the purpose of using it for wetlands
mitigation for the San Joaquin Hills Transportation Corridor. This
area will ultimately be dedicated to the Transportation Corridor
Agency or other public entity.
Exmsrr 1 Page 4 of 47.
C. DISCRETIONARY APPLICATIONS TO BE APPROVED AS PART OF
THE PROJECT
1. General Plan Amendment 92 -2 (C)
Request to amend the Land Use Element of the Newport Beach
General Plan to provide for an additional land use of affordable senior
citizen housing on the Castaways site, the designation of the lower
• portion of Bayview Landing for active recreation, and the addition of
of 30,000 square feet of retail entitlement to Newport Center - Fashion
Island.
2. Local Coastal Program Amendment No. 28
Request to amend the Local Coastal Program, Land Use Plan to
provide for an additional land use of affordable senior citizen housing
on the Castaways site and the designation of the lower portion of
Bayview Landing for active recreation.
3. Development Agreement No. 6
Request to approve a Development Agreement for the Circulation
Improvement and Open Space Agreement.
4. Traffic Study No. 82
Request to approve a traffic study so as to permit the construction of
the development authorized in the Circulation Improvement and Open
Space Agreement.
5. Amendment No. 763
Request to amend the Harbor View Hills Planned Community District
Regulations and Development Plan so as to allow for the construction
of 48 additional dwelling units.
6. Amendment No. 764
Request to adopt Planned Community District Regulations and
Development Plan for Upper Castaways. This request would provide
for the construction of 151 dwelling units.
7. Amendment No. 765
Request to adopt Planned Community District Regulations and
Development Plan for Newporter North / Newporter Knoll. This
request would provide for the construction of 212 dwelling units on
Newporter North and open space on Newporter Knoll.
8. Amendment No. 766
Request to amend the North Ford Planned Community District
• Regulations and Development Plan so as to allow for the construction
of 300 additional dwelling units.
9. Amendment No. 767
Request to amend a portion of Districting Map No. 37 so as to
reclassify property from the U (Unclassified) District to the P -C
EX1BBrr 1 Page 5 of 47.
District. Also requested is the adoption of Planned Community
District Regulations and Development Plan for Bayview Landing. This
request would provide for the construction of either a 10,000 sq.ft.
restaurant or a 40,000 sq.ft. athletic club.
10. Amendment No. 768
Request to amend portions of Districting Maps No. 44 and 66 so as to
is reclassify property from the U (Unclassified) District to the P -C
(Planned Community) District. The proposal also includes a request
to adopt Planned Community District Regulations and Development
Plan so as to provide for open space and public facility use of the
subject property.
•
11. Amendment No. 769
Request to amend the Block 800 Planned Community District
Regulations and Development Plan so as to allow the construction of
245 dwelling units or senior citizen housing.
12. Amendment No. 770
Request to amend a portion of Districting Map No. 48 so as to
reclassify property from the O -S (Open Space) and Unclassified
Districts to the P -C District. Also requested is the adoption of
Planned Community District Regulations and Development Plan for
the Corporate Plaza West Planned Community. This request would
allow for the construction of an additional 94,000 sq.ft. of office
development (115,000 sq.ft. total).
ENMrr 1 Page 6 of 47.
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III. FINDINGS AND FACTS IN SUPPORT OF FINDINGS REGARDING THE
ENVIRONMENTAL EFFECTS OF THE PROJECT
A. EFFECTS DETERMINED TO BE INSIGNIFICANT
This summary briefly describes those effects which were determined to be
insignificant for all eleven (11) project sites prior to the preparation of the
environmental document.
1. The proposed project will not create changes in deposition or erosion
of beach sands, or changes in siltation, deposition or erosion which
may modify the channel of a river or stream or the bed of the ocean
or any bay, inlet, or lake.
2. The proposed project will not create any objectionable odors.
3. The proposed project will not alter air movement, moisture, or
temperature, or result in any change in climate, either locally or
regionally.
4. The proposed project will not alter the direction or rate of flow of
ground waters.
5. The proposed project will not change the quantity of ground waters,
either through direct additions or withdrawals, or through interception
of an aquifer by cuts or excavations.
6. The proposed project will not substantially reduce the amount of water
otherwise available for public water supplies.
7. The proposed project will not expose people or property to water -
related hazards such as flooding or tidal waves.
8. The proposed project will not reduce in acreage any agricultural crop.
9. The proposed project will not result in a substantial alteration of the
planned land use of an area.
10. The proposed project will not alter the location, distribution, density,
or growth rate of the human population of the area.
11. The proposed project will not increase the rate of use of any natural
resources.
12. The proposed project will not substantially deplete any non - renewable
natural resource.
13. The proposed project will not involve a risk of an explosion or the
release of hazardous substances (including, but not limited to oil,
pesticides, chemicals, or radiation) in the event of an accident or upset
conditions.
14. The proposed project will not interfere with an emergency response
plan or an emergency evacuation plan.
15. The proposed project will not result in the creation of any health
hazard or potential health hazard.
Exmsrr i Page 7 of 47.
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16. The proposed project will not result in the exposure of people to
potential health hazards.
17. The proposed project will not result in the alteration to waterborne,
rail or air traffic.
18. The proposed project will not create a significant need for additional
maintenance of public facilities.
19. The proposed project will not have an effect upon or result in the need
for other governmental services.
20. The proposed project will not result in the use of substantial amounts
of fuel or energy.
21. The proposed project will not substantially increase the demand upon
existing sources or energy, or require the development of new sources
of energy.
22. The proposed project will not result in an impact upon the quality or
quantity of existing recreational opportunities.
23. The proposed project will not result in an adverse physical or aesthetic
effect on a prehistoric or historic building, structure, or object.
24. The proposed project does not have the potential to cause a physical
change that would affect unique ethnic cultural values.
25. The proposed project will not restrict existing religious or sacred uses
within the potential impact area.
EFFECTS DETERMINED TO BE MITIGATED TO A LEVEL OF
INSIGNIFICANCE
Impacts associated with the following environmental issues will be mitigated
to a level of insignificance upon implementation of applicable standard City
policies and requirements and recommended mitigation measures.
Transuortation /Circulation
Significant Effect:
The proposed project, in conjunction with other past, present, and reasonably
foreseeable future projects, will impact peak hour traffic volumes.
Finding:
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.
Facts in Support of Finding:
This significant effect has been substantially lessened to an acceptable level
by virtue of the standard City policies and the mitigation measures listed
below:
• The City shall prepare a circulation improvement monitoring program
to direct expenditures of funds received under the Development
Page 8 of 47.
•
•
Agreement to make improvements and to monitor the status of those
improvements. The list of improvements to be implemented shall
initially be based on those identified on Table V, with prioritization
established based on technical need and ability to implement them in
a timely manner. Flexibility to add or delete projects on the list should
be maintained to respond to actual changes in traffic volumes and the
ability of the City to accomplish improvements so long as the projected
Net Benefit to the circulation system is maintained. Thereafter, a
review of the improvements' priority and implementation status shall
be done in conjunction with the City's annual Congestion Management
Program and Growth Management Program analysis and the annual
review of the Development Agreement.
• The applicant or successor in interest shall construct or post bond for
all frontage improvements identified in the Development Agreement
and listed in Table B of the Program EIR.
Air Quality
Significant Effect:
The proposed project will result in significant short -term construction- related
impacts.
Finding:
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.
Facts in Support of Finding:
This significant effect has been substantially lessened to an acceptable level
by virtue of the standard City policies and the mitigation measures listed
below:
• All grading related to the project shall be conducted in accordance
with SCAQMD Rule 403. This mitigation measure shall be made a
condition of all grading permits related to the project.
• After clearing, grading, earth moving, or excavation operations while
construction activities are being conducted, fugitive dust emission shall
be controlled using the following procedures:
• Graded sections of the project that will not be further disturbed
or worked on for long periods of time (three months or more)
shall be seeded and watered or covered with plastic sheeting to
retard wind erosion.
• Graded sections of the project which are undergoing further
disturbance or construction activities shall be sufficiently
watered to prevent excessive amounts of dust.
These mitigation measures shall be made a condition of all grading
permits related to the project.
• During grading and construction activities, the applicant shall
further control fugitive dust emissions using the following
measures:
ExEIBrr 1 Page 9 of 47.
• On -site vehicle speeds on unpaved roads shall be limited to 15
miles per hour. Entrances to all on -site roads shall be posted
with a sign indicating the maximum speed limits on all unpaved
roads.
• All areas with vehicle traffic shall be periodically watered.
• Streets adjacent to the project site shall be swept as needed to
• remove silt which may have accumulated from construction
activities so as to prevent accumulations of excessive amounts
of dust.
These mitigation measures shall be made a condition of all grading
permits related to the project.
Significant Effect:
The proposed project will result in significant emissions from mobile
(vehicular) sources, combustion of natural gas, on the generation of electric
energy.
Finding:
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.
Facts in Support of Finding:
This significant effect has been substantially lessened to an acceptable level
by virtue of the standard City policies and the mitigation measures listed
below:
• Office and commercial development on the Corporate Plaza West and
Bayview Landing site shall also participate in the Centerride program
currently in operation in the Newport Center area. Evidence of intent
to participate shall be provided to the City of Newport Beach Building
Department prior to issuance of occupancy permit.
• Bicycle racks shall be required in accordance with the City of Newport
Beach Transportation Demand Ordinance.
• Construction of related frontage improvements shall include bus
turnouts and shelters if determined to be necessary and desirable by
the Orange County Transit District and /or the City of Newport Beach.
Prior to final design and construction of any frontage improvements,
the City of Newport Beach shall contact the Orange County Transit
District to determine if any bus turnouts or shelters will be required.
• All development shall include street and security lighting (in parking
lots and pedestrian walkway areas) which is energy conserving. A
lighting plan shall be submitted for all development which demon-
strates compliance with this measure. The plan shall be reviewed by
the Planning Department and approved by the Department of Public
Works.
• Residential, commercial and office development shall be landscaped
with an emphasis on drought resistant plant species which will shade
buildings and reduce water and energy consumption during the
ExHMrr 1 Page 10 of 47.
summer. A landscape plan shall be submitted for all development
which demonstrates compliance with this measure. The plan shall be
reviewed by the Planning Department and approved by the Depart-
ment of Public Works prior to issuance of an occupancy permit.
Noise
Significant Effect:
• The proposed project will result in significant short -term noise impacts due
to construction and grading activities.
Finding:
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.
Facts in Support of Finding:
This significant effect has been substantially lessened to an acceptable level
by virtue of the mitigation measure and standard City requirement listed
below:
• At the time specific site plans and grading plans are prepared and
submitted for review and approval by the City, the City shall review
the plans in conjunction with the environmental review process to
confirm that the mitigation measures provided will adequately control
construction impacts potentially impacting the Newport Harbor
Lutheran Church, especially its pre - school operations. If necessary,
additional conditions related to construction activities may be placed
on the project.
• Pursuant to the City of Newport Beach Noise Ordinance Section
10.28.040, no person shall, while engaged in construction, remodeling,
digging, grading, demolition, painting, plastering or other related
building activity, operate any tool, equipment or machine in a manner
which produces loud noise that disturbs, or could disturb, a person of
normal sensitivity who works or resides in the vicinity, on any weekday
except between the hours of 7:00 a.m. and 6:30 p.m., nor on any
Saturday except between the hours of 8:00 a.m. and 6:00 p.m., nor on
any Sunday or Holiday.
Significant Effect:
The proposed project will exceed acceptable noise levels on -site affecting
residential development on the San Diego Creek South, Upper Castaways,
Newporter North, Block 800, and Freeway Reservation sites.
Finding:
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.
Exmsrr i Page 11 of 47.
Facts in Support of Finding:
This significant effect has been substantially lessened to an acceptable level
by virtue of the standard City policies and the mitigation measures listed
below:
• The applicant shall ensure that all residential lots and dwellings are
sound attenuated against present and projected noise, which shall be
• the sum of all noise impacting the project, so as not to exceed an
exterior standard of 65 dB CNEL in outdoor living areas and an
interior standard of 45 dB CNEL in all habitable rooms. Evidence
shall be prepared under the supervision of a City certified acoustical
consultant which demonstrates that these standards will be satisfied in
a manner consistent with applicable zoning regulations and shall be
submitted as follows:
A. Prior to the recordation of a final tract /parcel map or prior to
the issuance of Grading Permits, at the sole discretion of the
City, an Acoustical Analysis Report shall be submitted to the
City's Advance Planning Manager for approval. The report
shall describe in detail the exterior noise environment and
preliminary mitigation measures. Acoustical design features to
achieve interior noise standards may be included in the report
in which case it may also satisfy "B" below.
B. Prior to the issuance of any building permits, an acoustical
analysis report describing the acoustical design features of the
structures required to satisfy the exterior and interior noise
standards shall be submitted to the Advance Planning Manager
for approval along with satisfactory evidence which indicates
that the sound attenuation measures specified in the approved
acoustical report(s) have been incorporated into the design of
the project.
C. Prior to the issuance of any building permits, all freestanding
acoustical barriers must be shown on the project's plot plan
illustrating height, location and construction in a manner
meeting the approval of the City's Advance Planning Manager.
D. Prior to the issuance of any Certificates of Use and Occupancy,
field testing in accordance with Title 25 regulations may be
required by the Planning Director to verify compliance with
STC and IIC design standards.
• All non - residential structures shall be sound attenuated against the
combined impact of all present and projected noise from exterior noise
sources to meet the interior noise criteria as specified in the Noise
Element.
Prior to the issuance of any building permits, evidence shall be
prepared under the supervision of a City certified acoustical consultant
that these standards will be satisfied and shall be submitted to the
is Manager, Advance Planning in,the form of an Acoustical Analysis
Report describing in detail the exterior noise environment and the
acoustical design features required to achieve the interior noise
standard and which indicate that the sound attenuation measures
specified have been incorporated into the design of the project.
Exmsrr 1 Page 12 of 47.
• All freestanding acoustical barriers shall be a berm, wall or combina-
tion berm and wall. Walls shall not contain holes or gaps. Walls shall
be constructed of slumpstone or other masonry material. Final
acoustical barrier heights and locations shall be determined when final
grading plans are developed showing lot locations, house/building
setbacks and precise pad elevation.
Biological Resources
• Significant Effect:
The proposed project will result in the possible loss of wetland habitat on the
San Diego Creek South, San Diego Creek North, Jamboree /MacArthur,
Upper Castaways, Newporter North, and Freeway Reservation sites.
Finding:
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.
Facts in Support of Finding:
This significant effect has been substantially lessened to an acceptable level
by virtue of the standard City policies and the mitigation measures listed
below:
• Pursuant to Section 1601 -1603 of the State of California Fish and
Game Code, the California Department of Fish and Game shall be
notified of any alterations to streambed habitats. The applicant or any
successors in interest shall be responsible for notifying the Department
of Fish and Game regarding any grading related to residential
development and associated improvements on the San Diego Creek
South, Upper Castaways, Newporter North, and Freeway Reservation
sites which would alter streambed habitats. The applicant or any
successor in interest shall notify the Department of Fish and Game
and obtain any necessary permit prior to the issuance of a grading
permit. Copies of proper notification and necessary permits shall be
provided to the City of Newport Beach prior to issuance of a grading
permit. The City of Newport Beach shall be responsible for notifying
the Department of Fish and Game regarding any grading related to
any public improvements (e.g. trails, recreational facilities, roads,
drainage facilities, etc.) in areas designated for open space, public
facilities, and /or parks which would alter streambed habitats. The City
of Newport Beach shall notify the Department of Fish and Game and
obtain any necessary permits prior to commencement of any grading
which could alter the streambed habitat. The permits issued by the
Department of Fish and Game pursuant to Sections 1601 -1603 may
require additional mitigation measures deemed necessary by the
Department.
• Wetland delineation studies in accordance and conjunction with the
• California Department of Fish and Game and U.S. Army Corps of
Engineers permitting processes shall be performed for any wetland
which will be impacted by grading and construction activities. The
applicant or any successor in interest shall be responsible for conduct-
ing the wetland delineation studies for wetlands impacted by residen-
tial development or associated improvements on the Newporter North
and Upper Castaways sites. If residential development or associated
EXHOrr 1 Page 13 of 47.
improvements on the San Diego Creek South or Freeway Reservation
sites encroach into the Bonita Creek wetland, the applicant or any
successor in interest shall be responsible for conducting the wetland
delineation study. The City of Newport Beach shall be responsible for
conducting the wetland delineation studies for wetlands impacted by
any public improvements /facilities in areas designated for open space,
public facilities, and /or parks which will encroach into wetlands. The
studies shall occur at the time specific site plans and grading plans are
• available and prior to issuance of any grading permits or commence-
ment of grading activities in areas containing wetland habitat.
• Public use and related facility development for areas proposed for
natural open space and passive park uses within the Upper Castaways,
Newporter North, Newporter Knoll, Bayview Landing, Freeway
Reservation, and Jamboree /MacArthur sites shall be designed to be
sensitive to existing biological resources. To this end, facility plans and
public uses for these areas shall be prepared in consultation with a
qualified biologist who shall determine that such plans and uses do not
adversely impact sensitive resources identified on these sites (e.g.
wetlands, coastal sage scrub, etc.). If necessary, additional environ-
mental documentation shall be prepared at the time facility plans are
prepared to determine if significant adverse impacts beyond those
anticipated in this Program EIR will occur. If new significant adverse
impacts are identified, additional mitigation measures shall be adopted.
• Prior to grading and /or constructing any public facility on the San
Diego Creek North site which will encroach into the on -site freshwater
marsh, the City of Newport Beach (or other public agency responsible
for development of the public facility) shall approve and begin
implementation of a plan which shall offset the loss of wetlands. This
plan shall reflect all mitigation requirements of any State or Federal
agency having jurisdiction over the affected wetlands. Offsets shall be
achieved by either creating a new freshwater marsh on -site or
enhancing and expanding an existing freshwater marsh in or near the
San Diego Creek and Upper Newport Bay Ecological Reserve.
• Prior to grading and /or construction any residential development or
associated improvement on the Upper Castaways site which will
encroach into the on -site freshwater marsh, the applicant or successor
in interest shall prepare and begin implementation of a plan which
shall offset the loss of wetlands. This plan shall reflect all mitigation
requirements of any State or Federal agency having jurisdiction over
the affected wetlands. Offsets shall be achieved by either creating a
new freshwater marsh on -site or enhancing and expanding an existing
freshwater marsh in or near the Upper Newport Bay Ecological
Reserve. A copy of the plan and all related permits shall be presented
to the City of Newport Beach prior to issuance of a grading permit.
• Prior to grading and /or constructing any residential development or
associated improvement on the Newporter North site which will
encroach into the on -site freshwater marsh, the applicant or successor
in interest shall prepare and begin implementation of a plan which
• shall offset the loss of wetlands. This plan shall reflect all mitigation
requirements of any State or Federal agency having jurisdiction over
the affected wetlands. Offsets shall be achieved by either creating a
new freshwater marsh on -site or enhancing and expanding an existing
freshwater marsh in or near the Upper Newport Bay Ecological
Reserve. A copy of the plan and all related permits shall be presented
to the City of Newport Beach prior to issuance of a grading permit.
>ximrr 1 Page 14 of 47.
• Prior to commencing grading, all wetlands habitat in areas intended for
preservation shall be temporarily fenced. This measure shall pertain
only when grading, stock - piling, or other construction activities are
proposed within 100 feet of the boundaries of the wetland area. A
plan identifying the wetland area and the location of the fencing shall
be submitted to the City of Newport Beach prior to issuance of any
grading permit.
• • The City of Newport Beach shall consult with the Transportation
Corridor Agency prior to final design and approval of any public
facility or recreational facility on the San Diego Creek North site to
determine feasible design and landscaping measures which will avoid
interfering with the viability of the San Diego Creek Northern Marsh
Creation site as wildlife habitat. If the Bayview Way extension is not
extended across the site, a landscaped buffer area will be provided
between any recreational or public facility uses and the Marsh
Creation project site.
• Grading, earthmoving, and any related construction activities related
to residential development and associated improvements on the Upper
Castaways, San Diego Creek South, Bay View Landing, and Newporter
North sites shall be restricted as follows: Upper Castaways and New -
porter North - No grading (except that necessary for trail establishment
and improvements, erosion control, bluff stabilization or preparation
of the development area), stockpiling of soil or operation of equipment
shall take place within the bluff top setback area established by the
Bluff Top setback Ordinance. San Diego Creek South - No grading,
stockpiling of soils, or operation of equipment shall encroach into the
area of Bonita Creek beyond the existing 15 foot elevation contour.
Newporter North - No grading, stockpiling of soils or operation of
equipment shall take place within the 40 foot property line setback
area established by the Bluff Top Setback Ordinance except that
necessary for trail establishment and improvements, erosion control,
bluff stabilization, or preparation of the development area; or below
the lessor of the 60 foot elevation contour or a line 100 feet from a
formally delineated wetland in John Wayne Gulch freshwater marsh.
Bay View Landing - no grading, stockpiling of soil or operation of
equipment shall encroach into the hillside above the 25 -foot contour
of the lower development area.
Significant Effect:
The proposed project will result in the significant introduction of light and
glare on the San Diego Creek South site which would impact wildlife
movement along Bonita Creek and San Diego Creek.
Finding:
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.
• Facts in Support of Finding:
This significant effect has been substantially lessened to an acceptable level
by virtue of the standard City policies and the mitigation measure listed
below:
EXMrr 1 Page 15 of 47.
Development of the San Diego Creek South site shall be designed so
as to reduce the amount of light and glare which could potentially
spillover into the wetland habitats of Bonita Creek and San Diego
Creek and which could also impact the functioning of these creeks as
wildlife corridors. This can be achieved by a variety of means including
a combination of sensitive siting of lighted buildings; use of lighting
systems which conceal the light source and minimize light spillage and
glare; screening walls/berms; and dense landscaping along the edge of
• the development. Any landscaped edge screening shall include non -
invasive trees and shrubs. The plant palette for the screening
vegetation shall consist of dense, evergreen species which, when mixed,
achieve canopy and understory of elements to provide as much
screening as possible. The site plan and landscape plan for this edge
shall be prepared in consultation with a City- approved, qualified
biologist. The site plan and landscape plan shall be approved by the
City Planning Department prior to issuance of building permits.
At the time of adoption of a parcel /subdivision map for the San Diego
Creek South Site, the property line /development area boundary shall
be established at a minimum of 20 feet from the toe of the existing
slope adjacent to Bonita Creek. This distance, in combination with the
required building setback of 5 feet, will create a minimum 25 foot
buffer from Bonita Creek.
Earth Resources
Significant Effect:
The proposed project will result in impacts related to faulting and seismicity.
Finding:
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.
Facts in Support of Finding:
This significant effect has been substantially lessened to an acceptable level
by virtue of the standard City policies and the mitigation measures listed
below:
0 Buildings four stories in height or higher shall be designed in accor-
dance with requirements for Seismic Zone 4 as outlined in Chapter 23
of the Uniform Building Code and /or with the benefit of a site specific
seismic ground response spectrum study which would be prepared by
the project geotechnical consultant and structural engineer to allow
matching of building period with site period. The structural plans
and /or ground response study shall be completed to the satisfaction of
the Building Department prior to issuance of a building permit.
• Buildings less than four stories in height shall be designed by a
• Structural Engineer in accordance with UBC Chapter 23 requirements
for Seismic Zone 4. Non - critical structures shall be designed to
withstand strong ground shaking that may accompany a maximum
probable earthquake along the Newport - Inglewood Fault. Critical
structures (i.e., hospitals, fire /police facilities, schools, etc.) shall be
designed to withstand strong ground shaking associated with a
maximum credible earthquake on the Newport- Inglewood Fault.
EKMBrr 1 Page 16 of 47.
Structural plans, including seismic design calculations /parameters, shall
be approved by the City Building Department prior to issuance of
building permits.
• Habitable buildings shall not be placed adjacent to (above or below)
slopes or bluffs where seismic induced slope or bluff failure could
occur. Though the City has established a Bluff Setback Criteria for
development on the top -of -bluff (Development Policy D.2.b.1 of the
• Newport Beach General Plan, January 21, 1991, and Newport
Municipal Code section 20.151.080), the City minimum setbacks may
not necessarily be adequate from a geotechnical viewpoint concerning
bluff /slope instability during an earthquake. Areas potentially prone
to such failures shall be identified and further evaluated by the project
Geotechnical Consultant during the Tentative Tract Map review and
Grading Plan review stage. The evaluation shall be prepared to the
satisfaction of the Building Department prior to the issuance of grading
permits. Grading and building plans shall reflect the recommendations
of the evaluation to the satisfaction of the Building Department.
• In accordance with the Alquist -Priolo Special Studies Zone Act, a
Registered Geologist shall further evaluate and make recommenda-
tions regarding the potential for ground surface rupture affecting
proposed development on -sites where 'Potentially Active Faults" have
been identified ( Bayview Landing and Freeway Reservation sites) or
on any other of the sites where Potentially Active Faults are identified
in the future. The study shall be prepared to the satisfaction of the
City Building Department and shall be prepared prior to approval of
a tentative tract map or grading permit whichever comes first. Grading
and building plans shall reflect the recommendations of the study to
the satisfaction of the Building Department.
Significant Effect:
The proposed project will result in impacts related to liquefaction on the San
Diego Creek North, San Diego Creek South, Upper Castaways, Bayview
Landing, Newporter North, and Newporter Resort sites.
Finding:
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.
Facts in Support of Finding:
This significant effect has been substantially lessened to an acceptable level
by virtue of the standard City policies and the mitigation measure listed
below:
• Sites where the potential for liquefaction has been identified, or any
other site where the potential for liquefaction may be encountered
during subsequent investigations, shall be further evaluated by a
• geotechnical consultant. The evaluation shall include subsurface
investigation with standard penetration testing or other appropriate
means of analysis for liquefaction potential. The project geotechnical
consultant shall provide a statement concerning the potential for
liquefaction and its possible impact on proposed development. If
necessary, the geotechnical consultant shall provide mitigation
measures which could include mechanical densification of liquefiable
EXIUBrr 1 Page 17 of 47.
layers, dewatering, fill surcharging or other appropriate measures. The
Geotechnical Consultant's report shall be signed by a Certified
Engineering Geologist and a Registered Civil Engineer and shall be
prepared to the satisfaction of the Building Department prior to
issuance of Grading Permit. Grading and building plans shall reflect
the recommendations of the study to the satisfaction of the Building
Department.
Significant Effect:
•
The proposed project will result in impacts related to erosion on any of the
eleven (11) sites.
Finding:
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.
Facts in Support of Finding:
This significant effect has been substantially lessened to an acceptable level
by virtue of the standard City policies and the mitigation measures listed
below:
• Any necessary diversion devices, catchment devices, or velocity
reducers shall be incorporated into the grading plan and approved by
the City Grading Engineer prior to issuance of grading permits. Berms
or other catchment devices shall be incorporated into the grading plans
to divert sheet flow runoff away from areas which have been stripped
of natural vegetation. Velocity reducers shall be incorporated into the
design, especially where drainage devices exit to natural ground.
• All fill slopes shall be properly compacted during grading in confor-
mance with the City Grading Code and verified by the project
Geotechnical Consultant. Slopes shall be planted with vegetation upon
completion of grading. Conformance with this measure shall be
verified by the City Grading Engineer prior to the issuance of
occupancy permits.
• Berms and brow ditches shall be constructed to the satisfaction and
approval of the City Grading Engineer. Water shall not be allowed to
drain over any manufactured slope face. Top -of -slope soil berms shall
be incorporated into grading plans to prevent surface runoff from
draining over future fill slopes. Brow ditches shall be incorporated
into grading plans to divert surficial runoff from ungraded natural
areas around future cut slopes. The design of berms and brow ditches
shall be approved by the City Grading Engineer prior to issuance of
grading permits.
• Prior to the issuance of grading permits, appropriate artificial
substances shall be recommended by the project landscape architect
• and approved by the City Grading Engineer for use in reducing surface
erosion until permanent landscaping is well established. Upon
completion of grading, stripped areas shall be covered with artificial
substances approved by the City Grading Engineer.
• Drainage of both surface and subsurface water over or toward the
bluffs on the Upper Castaways and Newporter North sites shall be
BXa-BBrr 1 Page 18 of 47.
minimized. Though some drainage of rainwater over the bluff face
cannot be avoided, drainage control devices shall be designed to direct
excess water from site improvements away from the bluff face.
Irrigation shall be controlled to prevent excessive infiltration into the
subsurface. The project Civil Engineer shall design grading plans to
minimize surface runoff over the bluff faces. The project Geotechnical
Consultant shall provide recommendations to minimize subsurface
water migration toward the bluff faces prior to approval of Tentative
• Tract maps or site plans. All design criteria for the control of surficial
and subsurface water shall be completed to the satisfaction of the City
Grading Engineer.
Significant Effect:
The proposed project will result in impacts associated with bluff and slope
stability on any of the eleven (11) sites.
Finding:
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.
Facts in Support of Finding:
This significant effect has been substantially lessened to an acceptable level
by virtue of the standard City policies and the mitigation measures listed
below:
• The project geotechnical consultant shall review the tentative tract map
and grading plan for each site and prepare a report addressing all
salient geotechnical issues related to bluff and slope stability of any
existing bluff or slopes. These reports shall include: 1) detailed
analysis of field data including surface and subsurface geological
mapping; 2) laboratory testing results; 3) stability analysis of existing
bluffs and proposed slopes as illustrated on the tentative tract map or
rough grading plan; 4) conclusions; 5) recommendations for mitigation
of any identified unstable bluffs or slopes and /or for additional
investigation. These reports shall be signed by a Certified Engineering
Geologist and a Registered Civil Engineer and shall be completed to
the satisfaction of the City Grading Engineer prior to issuance of a
grading permit.
• Prior to the issuance of grading permits, the Project geotechnical
consultant and /or civil engineer shall make written recommendations
for manufactured slope stabilization including, but not limited to,
buttressing, rock bolting, grouting, slope gradient laybacks, or retaining
walls. All necessary recommendations shall be included in the grading
plan to the satisfaction of the City Grading Engineer.
• Though the City has established a Bluff Setback Criteria for develop-
ment on the top -of -bluff (Development Policy D.2.b.1 of the Newport
• Beach General Plan, January 21, 1991, and Newport Beach Municipal
Code section 20.151.080), the City minimum setbacks may not
necessarily be adequate from a geotechnical viewpoint concerning
bluff /slope instability. Prior to issuance of grading permits, appropri-
ate safe bluff top setback recommendations shall be determined by the
project Geotechnical Consultant based on the evaluation required by
Mitigation Measure 3 to the satisfaction of the City Grading Engineer.
ExHMrr 1 Page 19 of 47.
• During grading a geotechnical consultant shall monitor grading
operations to ensure that recommendations for slope instability
mitigation are implemented. Additionally, the geotechnical consultant
shall evaluate slopes as they are graded through geologic mapping and
analysis to ensure that no unanticipated conditions are present. Slope
stability mitigation recommendations may require modification during
grading. Compliance with this measure shall be verified by the
Building Department.
• • Prior to issuance of building permits, the geotechnical consultant shall
prepare a Rough Grading Report and As- Graded Geotechnical Map
for each graded site at the completion of grading of that site. The
Report shall summarize and document compliance with all mitigation
measures. The Rough Grading Report shall include a statement
regarding the adequacy of the manufactured slopes for their intended
use and a statement regarding the adequacy of the recommended bluff
setbacks. The report shall be signed by a Certified Engineering
Geologist and a Registered Civil Engineer and shall be approved by
the City Grading Engineer.
• Grading, earthmoving, and any related construction activities related
to residential development and associated improvements on the Upper
Castaways, San Diego Creek South, Bay View Landing, and Newporter
North sites shall be restricted as follows: Upper Castaways and New -
porter North - No grading (except that necessary for trail establishment
and improvements, erosion control, bluff stabilization or preparation
of the development area), stockpiling of soil or operation of equipment
shall take place within the bluff top setback area established by the
Bluff Top setback Ordinance. San Diego Creek South - No grading,
stockpiling of soils, or operation of equipment shall encroach into the
area of Bonita Creek beyond the existing 15 foot elevation contour.
Newporter North - No grading, stockpiling of soils or operation of
equipment shall take place within the 40 foot property line setback
area established by the Bluff Top Setback Ordinance except that
necessary for trail establishment and improvements, erosion control,
bluff stabilization, or preparation of the development area; or below
the lessor of the 60 foot elevation contour or a line 100 feet from a
formally delineated wetland in John Wayne Gulch freshwater marsh.
Bay View Landing - no grading, stockpiling of soil or operation of
equipment shall encroach into the hillside above the 25 -foot contour
of the lower development area.
Significant Effect:
The proposed project will result in impacts related to compressible /collapsible
soil conditions on any of the eleven (11) sites.
Finding:
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.
• Facts in Support of Finding:
This significant effect has been substantially lessened to an acceptable level
by virtue of the standard City policies and the mitigation measure listed
below:
EAIUBrr 1 Page 20 of 47.
• Prior to the issuance of grading permits, written recommendations for
the mitigation of compressible /collapsible soil potential for each site
shall be provided by the geotechnical consultant. Foundation
recommendations shall be included. Recommendations shall be
incorporated as conditions of approval for the site - specific tentative
tract maps and grading plans to the satisfaction of the City Grading
Engineer. Recommendations shall be based on surface and subsurface
mapping, laboratory testing and analysis. Mitigation, if necessary,
• could include: removal and recompaction of identified compress-
ible /collapsible zones, fill surcharging and settlement monitoring,
compaction grouting, or foundation design which utilizes deep piles, or
other recommended measures. The geotechnical consultant's site -
specific reports shall be signed by a Certified Engineering Geologist
and Registered Civil Engineer, and shall be approved by the City
Grading Engineer.
Significant Effect:
The proposed project will result in impacts related to expansive /corrosive soil
conditions on any of the eleven (11) sites.
Finding:
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.
Facts in Support of Finding:
This significant effect has been substantially lessened to an acceptable level
by virtue of the standard City policies and the mitigation measure listed
below:
• Written recommendations for the mitigation of expansive and corrosive
soil potential for each site, shall be provided by the project corrosion
consultant, geotechnical consultant and /or Civil engineer. Foundation
recommendations shall be included. Recommendations shall be based
on surface and subsurface mapping, laboratory testing and analysis and
shall be incorporated into final building plans prior to issuance of
building permits. The geotechnical consultant's site - specific reports
shall be signed by a Certified Engineering Geologist and Registered
City Engineer, and shall be approved by the City Grading Engineer.
Significant Effect:
The proposed project will result in impacts associated with near surface
groundwater potential in the Upper Castaways, Newporter North, Bayview
Landing, Newporter Knoll, Newporter Resort, Corporate Plaza West, Block
800, and Freeway Reservation sites.
Finding:
• 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.
Facts in Support of Finding:
EXHIBr 1 Page 21 of 47.
•
0
Exmsrr 1
This significant effect has been substantially lessened to an acceptable level
by virtue of the standard City policies and the mitigation measure listed
below:
• The project geotechnical consultant and /or civil engineer shall prepare
written site - specific review of the tentative tract maps and grading
plans addressing all salient geotechnical issues, including groundwater.
These reports shall provide findings, conclusions, and recommendations
regarding near - surface groundwater and the potential for artificially
induced groundwater as a result of future development, and the effects
groundwater may have on existing or future bluffs, slopes and
structures. The reports shall also address the potential for ground
subsidence on the sites and properties adjacent to the sites if dewa-
tering is recommended. The geotechnical consultant and /or civil
engineer's reports shall be signed by a Certified Engineering Geologist
and Registered Civil Engineer and shall be completed to the satisfac-
tion of the City Grading Engineer prior to a issuance of a grading
permit. All recommendations of the reports shall be incorporated into
the grading, site, and building design to the satisfaction of the City
Grading Engineer and City Engineer.
Water Resources
Significant Effect:
The proposed project will result in significant short-term impacts to water
quality from construction- related sediment erosion.
Finding:
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.
Facts in Support of Finding:
This significant effect has been substantially lessened to an acceptable level
by virtue of the standard City policies and the mitigation measures listed
below:
• Prior to the issuance of grading permits, the applicant shall provide to
the Building and Public Works Departments haul route plans that
include a description of haul routes, access points to the sites and
watering and sweeping program designed to minimize impacts of the
haul operation. These plans shall be reviewed and approved by the
Public Works Department. Copies of the plans shall be submitted to
the City's Planning Department.
• Prior to the issuance of grading permits, the applicant shall incorporate
the following erosion control methods into grading plans and opera-
tions to the satisfaction of the City Grading Engineer and Building
Department.
a. An approved material such as straw, wood chips, plastic or
similar materials shall be used to stabilize graded areas prior to
revegetation or construction.
Page 22 of 47.
b. Air -borne and vehicle -borne sediment shall be controlled during
construction by: the regular sprinkling of exposed soils; and the
moistening of vehicles loads.
C. An approved material such as rip rap (a ground cover of large,
loose, angular stones) shall be used to stabilize any slopes with
seepage problems to protect the top soils in areas of concentrat-
ed runoff.
• d. During the period of construction activity, existing vegetation
which will be retained on -site shall be protected from traffic by
the use of fences. If appropriate, buffer strips or vegetative
filter strips, such as tall stands of grass, can be used as an
alternative and /or supplementary method to protect against
sediment buildup.
• Prior to the issuance of grading permits, the project geotechnical
consultant and /or civil engineer shall develop a plan for the diversion
of stormwater away from any exposed slopes during grading and
construction activities. The plan shall include the use of temporary
right -of -way diversions (i.e., berms or swales) located at disturbed areas
or graded right -of -ways. The plan will be approved by the City
Engineer and Building Departments and implemented during grading
and construction activities.
• The applicant shall provide a temporary gravel entrance located at
every construction site entrance. The location of this entrance shall be
incorporated into grading plans prior to the issuance of grading
permits. To reduce or eliminate mud and sediment carried by vehicles
or runoff onto public rights -of -way, the gravel shall cover the entire
width of the entrance, and its length shall be no less than fifty feet.
The entrance plans shall be reviewed and approved by the City
Engineer and Grading Engineer concurrent with review and approval
of grading plans.
• The applicant shall construct filter berms or other approved device for
the temporary gravel entrance. The berms shall consist of a ridge of
gravel placed across graded right -of -ways to decrease and filter runoff
levels while permitting construction traffic to continue. The location
of berms shall be incorporated into grading plans prior to the issuance
of grading permits. The plans shall be reviewed and approved by the
City Grading Engineer.
• During grading and construction, the applicant shall provide a
temporary sediment basin located at the point of greatest runoff from
any construction area. The location of this basin shall be incorporated
into grading plans. It shall consist of an embankment of compacted
soils across a drainage. The basin shall not be located in an area
where its failure would lead to a loss of life or the loss of service of
public utilities or roads. The plan shall be reviewed and approved by
the City Grading Engineer.
• • Prior to issuance of grading permits, the applicant or successor in
interest shall prepare a plan for approval by the City of Newport
Beach Grading Engineer for the control of accidental spills, litter, and
solid waste disposal during grading and construction. Existing policies
and standards of the City of Newport Beach and Fire Department shall
be incorporated. The plan shall be implemented as necessary during
grading and construction activities.
EXHIBIT 1 Page 23 of 47.
Significant Effect:
The proposed project will result in significant impacts due to increased
drainage on an already inadequate system.
Finding:
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.
Facts in Support of Finding:
This significant effect has been substantially lessened to an acceptable level
by virtue of the standard City policies and the mitigation measure listed
below:
• Prior to issuance of a grading permit, the master plans of water, sewer
and storm drain facilities shall be approved by the City Engineer. Any
systems shown to be required by the review shall be the responsibility
of the developer, unless otherwise provided for through an agreement
with the property owner or serving Agency.
Significant Effect:
The proposed project, in conjunction with other past, present, and reasonably
foreseeable future projects, will have a significant short-term impact on the
water quality in Newport Bay due to sediment from construction after
mitigation.
Finding:
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.
Facts in Support of Finding:
This significant effect has been substantially lessened to an acceptable level
by virtue of the standard City policies and the mitigation measures listed
below:
• Prior to the issuance of grading permits, the applicant shall provide to
the Building and Public Works Departments haul route plans that
include a description of haul routes, access points to the sites and
watering and sweeping program designed to minimize impacts of the
haul operation. These plans shall be reviewed and approved by the
Public Works Department. Copies of the plans shall be submitted to
the City's Planning Department.
• Prior to the issuance of grading permits, the applicant shall incorporate
the following erosion control methods into grading plans and opera-
tions to the satisfaction of the City Grading Engineer and Building
Department.
a. An approved material such as straw, wood chips, plastic or
similar materials shall be used to stabilize graded areas prior to
revegetation or construction.
EXHMrr 1 Page 24 of 47.
b. Air -borne and vehicle -borne sediment shall be controlled during
construction by: the regular sprinkling of exposed soils; and the
moistening of vehicle loads.
C. An approved material such as rip rap (a ground cover of large,
loose, angular stones) shall be used to stabilize any slopes with
seepage problems to protect the top soils in areas of concentrat-
ed runoff.
• d. During the period of construction activity, existing vegetation
which will be retained on -site shall be protected from traffic by
the use of fences. If appropriate, buffer strips or vegetative
filter strips, such as tall stands of grass, can be used as an
alternative and /or supplementary method to protect against
sediment buildup.
• Prior to the issuance of grading permits, the project geotechnical
consultant and /or civil engineer shall develop a plan for the diversion
of stormwater away from any exposed slopes during grading and
construction activities. The plan shall include the use of temporary
right -of -way diversions (i.e., berms or swales) located at disturbed areas
or graded right -of -ways. The plan will be approved by the City
Engineer and Building Departments and implemented during grading
and construction activities.
• The applicant shall provide a temporary gravel entrance located at
every construction site entrance. The location of this entrance shall be
incorporated into grading plans prior to the issuance of grading
permits. To reduce or eliminate mud and sediment carried by vehicles
or runoff onto public rights -of -way, the gravel shall cover the entire
width of the entrance, and its length shall be no less than fifty feet.
The entrance plans shall be reviewed and approved by the City
Engineer and Grading Engineer concurrent with review and approval
of grading plans.
• The applicant shall construct filter berms or other approved device for
the temporary gravel entrance. The berms shall consist of a ridge of
gravel placed across graded right -of -ways to decrease and filter runoff
levels while permitting construction traffic to continue. The location
of berms shall be incorporated into grading plans prior to the issuance
of grading permits. The plans shall be reviewed and approved by the
City Grading Engineer.
• During grading and construction, the applicant shall provide a
temporary sediment basin located at the point of greatest runoff from
any construction area. The location of this basin shall be incorporated
into grading plans. It shall consist of an embankment of compacted
soils across a drainage. The basin shall not be located in an area
where its failure would lead to a loss of life or the loss of service of
public utilities or roads. The plan shall be reviewed and approved by
the City Grading Engineer.
Exmsrr 1 Page 25 of 47.
Cultural Resources
Archaeology
Significant Effect:
The proposed project will result in significant impacts to unknown archaeolog-
ical resources on any of the eleven (11) sites.
• Finding:
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.
Facts in Support of Finding:
This significant effect has been substantially lessened to an acceptable level
by virtue of the standard City policies and the mitigation measures listed
below:
• All sites shall be mitigated pursuant to Council Policy K -5. Where
further testing or salvage is required, the applicant shall select a City -
approved qualified archaeologist to excavate a sample of the site. All
testing and salvage shall be conducted prior to issuance of grading
permits or use of an area for recreational purposes. A written report
summarizing the findings of the testing and data recovery program
shall be submitted to the Planning Department within 90 days of the
completed data recovery program.
• The applicant shall donate all archaeological material, historic, or
prehistoric, recovered during the project, to a local institution which
has the proper facilities for curation, display and study by qualified
scholars. All material shall be transferred to the approved facility after
laboratory analysis and a report have been completed. The appropri-
ate local institution shall be approved by the Planning Department
based on a recommendation from the qualified archaeologist.
• - Any excavation of a site located within the Coastal Zone of more than
two surface meters of dirt shall require a coastal development permit
prior to commencing the excavation. All provisions of the California
Coastal Commission guidelines shall be complied with.
Significant Effect:
The proposed project will result in significant impacts to archaeological
resources in the Upper Castaways, Bayview Landing, Newporter North,
Newporter Knoll, Block 800, Corporate Plaza West, and Freeway Reservation
sites.
Finding:
• 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.
Facts in Support of Finding:
EXHMrr 1 Page 26 of 47.
This significant effect has been substantially lessened to an acceptable level
by virtue of the standard City policies and the mitigation measures listed
below:
UPPER CASTAWAYS
• Prior to any grading related to development of the bluff trail system,
open space uses or bluff stabilization which could impact CA- Ora49
and CA- Ora -186 on the Upper Castaways site, the sites shall be
• subjected to test excavations by a City approved archaeologist
(experienced in both historic and pre - historic archaeology) to deter-
mine site integrity, extent and significance. The methodology of the
test excavation shall reflect the recommendations contained in the
Cultural Resources report prepared for this Program EIR. A report
shall be prepared detailing all findings and recommendations and
submitted to the Planning Department within 90 days of completing
test excavations.
BAYVIEW LANDING
• Prior to issuance of a grading permit, CA- Ora -1098 shall be surface
collected and subjected to test excavations by a City approved
archaeologist to determine site integrity, extent and significance. A
report shall be prepared detailing all findings and submitted to the
Planning Department within 90 days of completing test excavations.
• Prior to grading for the new park, the project sponsor shall retain a
City approved archaeologist to conduct a surface collection and
subsurface test excavation of CA- Ora -66 to determine site extent,
integrity and significance. A report shall be prepared detailing all
findings and submitted to the Planning Department within 90 days of
completing test excavations.
• Prior to grading for the view park, the project sponsor shall retain a
City approved archaeologist to place a test unit on top of the knoll on
the Bayview Landing site in the area containing shell scatter, to
determine if the shell is representative of a subsurface archaeological
deposit. A report shall be prepared detailing all findings and submit-
ted to the Planning Department within 90 days of completing the test
excavation.
NEWPORTER NORTH
• Prior to the use or development of the open space areas for passive
recreational uses, CA- Ora -51 and CA- Ora -518 on the Newporter North
site shall be surface collected and subjected to test excavations to
determine site extent and significance. A report shall be prepared
detailing all findings and submitted to the Planning Department within
90 days of completing test excavations.
• Prior to the issuance of a grading permit, the applicant shall conduct
a surface collection of the eastern extension of CA- Ora -100 which
• would be impacted by grading and /or development of residential uses.
The surface collection shall be conducted by a City approved archaeol-
ogist. A report shall be prepared detailing all findings of the surface
collection and submitted to the Planning Department within 90 days
of completing the surface collection.
• Prior to the issuance of grading permits, the applicant shall conduct a
data recovery of program CA -Ora -64 on the Newporter North site.
EXHIBIT I Page 27 of 47.
The program shall be conducted by a City approved archaeologist. A
report shall be prepared detailing all findings and submitted to the
Planning Department within 90 days of completing the data recovery
program.
• Prior to issuance of a grading permit for residential development or
any bluff stabilization, a qualified archaeologist shall review grading
and drainage plans to determine if there are any indirect or direct
• impacts to CA- Ora -51, 52 and 518. If impacts are identified, test
excavations shall be conducted to determine site extent, integrity and
significance. A report shall be prepared detailing all findings and
submitted to the Planning Department within 90 days of completing
test excavations.
NEWPORTER KNOLL
• Prior to any grading or use of the site, the City shall conduct a surface
collection of archaeological material present on the top of the hill of
the Newporter Knoll, with test units placed on the hill to determine
site significance and boundaries. One unit shall be placed in the
recorded area of CA- Ora -50 to determine if a portion of the site still
exists. A report shall be prepared detailing all findings and submitted
to the Planning Department within 90 days of completing surface
collection test excavation.
BLOCK 800
• Prior to the issuance of a grading permit a qualified City approved
archaeologist shall conduct a surface collection of CA- Ora -136 on the
Block 800 site and subject the site to test excavations to determine site
extent and significance. A test unit shall also be placed in the
northern portions of the parcel to determine if a sub - surface midden
is under the asphalt and trash. A report shall be prepared detailing all
findings and submitted to the Planning Department within 90 days of
completing test excavations.
CORPORATE PLAZA WEST
• Prior to the issuance of a grading permit, a City approved qualified
archaeologist shall dig post holes in the areas containing surface shell
on the Corporate Plaza West site to determine if the shell represents
sub - surface archaeological deposits. A report shall be prepared
detailing all findings and submitted to the Planning Department within
90 days of completing sub - surface testing.
• Prior to the issuance of grading permit, the surface near the southern
section of the property shall be examined by a City approved qualified
archaeologist after removal of brush and prior to any ground distur-
bance. A report shall be prepared detailing all findings and submitted
to the Planning Department within 90 days of completing the surface
examination.
FREEWAY RESERVATION
• • Prior to issuance of a grading permit for the northern development
area (Lot 2), a City approved qualified archaeologist shall examine the
surface of areas previously identified as CA- Ora -216. The examination
shall be conducted after removal of brush but prior to grading. A
report shall be prepared detailing all findings and submitted to the
Planning Department within 90 days of completing the surface
examination.
ExmBrr I Page 28 of 47.
Significant Effect:
The proposed project, in conjunction with other past, present, and reasonably
foreseeable future projects will result in significant impacts to archaeological
resources after mitigation.
Finding:
• 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.
Facts in Support of Finding:
This significant effect has been substantially lessened to an acceptable level
by virtue of the standard City policies and the mitigation measures listed
below:
• All sites shall be mitigated pursuant to Council Policy K -5. Where
further testing or salvage is required, the applicant shall select a City -
approved qualified archaeologist to excavate a sample of the site. All
testing and salvage shall be conducted prior to issuance of grading
permits or use of an area for recreational purposes. A written report
summarizing the findings of the testing and data recovery program
shall be submitted to the Planning Department within 90 days of the
completed data recovery program.
• The applicant shall donate all archaeological material, historic, or
prehistoric, recovered during the project, to a local institution which
has the proper facilities for curation, display and study by qualified
scholars. All material shall be transferred to the approved facility after
laboratory analysis and a report have been completed. The appropri-
ate local institution shall be approved by the Planning Department
based on a recommendation from the qualified archaeologist.
• Any excavation of a site located within the Coastal Zone of more than
two surface meters of dirt shall require a coastal development permit
prior to commencing the excavation. All provisions of the California
Coastal Commission guidelines shall be complied with.
UPPER CASTAWAYS
• Prior to any grading related to development of the bluff trail system,
open space uses or bluff stabilization which could impact CA- Ora -49
and CA- Ora -186 on the Upper Castaways site, the sites shall be
subjected to test excavations by a City approved archaeologist
(experienced in both historic and pre - historic archaeology) to deter-
mine site integrity, extent and significance. The methodology of the
test excavation shall reflect the recommendations contained in the
Cultural Resources report prepared for this Program EIR. A report
shall be prepared detailing all findings and recommendations and
submitted to the Planning Department within 90 days of completing
• test excavations.
BAYVIEW LANDING
• Prior to issuance of a grading permit, CA- Ora -1098 shall be surface
collected and subjected to test excavations by a City approved
archaeologist to determine site integrity, extent and significance. A
EXHIBIT 1 Page 29 of 47.
•
report shall be prepared detailing all findings and submitted to the
Planning Department within 90 days of completing test excavations.
• Prior to grading for the new park, the project sponsor shall retain a
City approved archaeologist to conduct a surface collection and
subsurface test excavation of CA- Ora -66 to determine site extent,
integrity and significance. A report shall be prepared detailing all
findings and submitted to the Planning Department within 90 days of
completing test excavations.
• Prior to grading for the view park, the project sponsor shall retain a
City approved archaeologist to place a test unit on top of the knoll on
the Bayview Landing site in the area containing shell scatter, to
determine if the shell is representative of a subsurface archaeological
deposit. A report shall be prepared detailing all findings and submit-
ted to the Planning Department within 90 days of completing the test
excavation.
• Prior to the use or development of the open space areas for passive
recreational uses, CA- Ora -51 and CA- Ora -518 on the Newporter North
site shall be surface collected and subjected to test excavations to
determine site extent and significance. A report shall be prepared
detailing all findings and submitted to the Planning Department within
90 days of completing test excavations.
• Prior to the issuance of a grading permit, the applicant shall conduct
a surface collection of the eastern extension of CA- Ora -100 which
would be impacted by grading and /or development of residential uses.
The surface collection shall be conducted by a City approved archaeol-
ogist. A report shall be prepared detailing all findings of the surface
collection and submitted to the Planning Department within 90 days
of completing the surface collection.
• Prior to the issuance of grading permits, the applicant shall conduct a
data recovery of program CA -Ora -64 on the Newporter North site.
The program shall be conducted by a City approved archaeologist. A
report shall be prepared detailing all findings and submitted to the
Planning Department within 90 days of completing the data recovery
program.
• Prior to issuance of a grading permit for residential development or
any bluff stabilization, a qualified archaeologist shall review grading
and drainage plans to determine if there are any indirect or direct
impacts to CA- Ora -51, 52 and 518. If impacts are identified, test
excavations shall be conducted to determine site extent, integrity and
significance. A report shall be prepared detailing all findings and
submitted to the Planning Department within 90 days of completing
test excavations.
NE"ORTER KNOLL
• Prior to any grading or use of the site, the City shall conduct a surface
collection of archaeological material present on the top of the hill of
the Newporter Knoll, with test units placed on the hill to determine
site significance and boundaries. One unit shall be placed in the
recorded area of CA- Ora -50 to determine if a portion of the site still
exists. A report shall be prepared detailing all findings and submitted
EXHIBrr i Page 30 of 47.
to the Planning Department within 90 days of completing surface
collection test excavation.
EiOCK8M
• Prior to the issuance of a grading permit a qualified City approved
archaeologist shall conduct a surface collection of CA- Ora -136 on the
Block 800 site and subject the site to test excavations to determine site
• extent and significance. A test unit shall also be placed in the
northern portions of the parcel to determine if a sub - surface midden
is under the asphalt and trash. A report shall be prepared detailing all
findings and submitted to the Planning Department within 90 days of
completing test excavations.
Mal 901 Xly 13 a IVANI'MI`1 Y
• Prior to the issuance of a grading permit, a City approved qualified
archaeologist shall dig post holes in the areas containing surface shell
on the Corporate Plaza West site to determine if the shell represents
sub - surface archaeological deposits. A report shall be prepared
detailing all findings and submitted to the Planning Department within
90 days of completing sub - surface testing.
• Prior to the issuance of a grading permit, the surface near the southern
section of the property shall be examined by a City approved qualified
archaeologist after removal of brush and prior to any ground distur-
bance. A report shall be prepared detailing all findings and submitted
to the Planning Department within 90 days of completing the surface
examination.
FREEWAY RESERVATION
• Prior to issuance of a grading permit for the northern development
area (Lot 2), a City approved qualified archaeologist shall examine the
surface of areas previously identified as CA- Ora -216. The examination
shall be conducted after removal of brush but prior to grading. A
report shall be prepared detailing all findings and submitted to the
Planning Department within 90 days of completing the surface
examination.
Paleontology
Significant Effect:
The proposed project, in conjunction with other past, present, and reasonably
foreseeable future projects will result in significant impacts to paleontological
resources.
Finding:
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.
•
Facts in Support of Finding:
This significant effect has been substantially lessened to an acceptable level
by virtue of the standard City policies and the mitigation measures listed
below:
EXIMrr 1 Page 31 of 47.
• Prior to the issuance of grading permits, a collection plan shall be
prepared and implemented by a City approved, qualified paleontologi-
cal monitor for known exposed fossil localities on Bayview Landing,
Newporter North, and Upper Castaways. Because of the small nature
of some fossils present in these rock units, matrix samples shall be
collected for processing through fine mesh screens. The collection
plan shall be reviewed and approved by the Planning Department.
• • Prior to the issuance of grading permits, the applicant shall make
provisions for the preparation and curation of all fossils possibly
recovered from the sites during grading. This shall be done in a
manner approved by the City's Planning Department.
• Prior to the issuance of grading permits, the applicant shall identify a
repository approved by the City's Planning Department which shall
receive all fossils collected from the sites.
• Cliff faces along Upper Newport Bay that have served as a reference
section for micro - paleontological studies should be protected from
alteration. If bluffs along Newport Bay need to be altered for bluff
stabilization purposes, detailed measured sections and samples shall be
made before and after alteration. Samples shall be prepared and
analyzed as part of these efforts. The City of Newport Beach shall be
responsible for retaining a qualified paleontologist to conduct the
comparative study and sampling. A report shall be submitted to the
Planning Department within 90 days.
Public Services and Utilities
Significant Effect:
The proposed project will result in impacts to school system services, water,
law enforcement, or wastewater.
Finding:
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.
Facts in Support of Finding:
This significant effect has been substantially lessened to an acceptable level
by virtue of the standard City policies and mitigation measures listed below:
Law Enforcement
• The project proponent
Newport Beach Police
features are included in
Newport Beach Police
• access plans.
Water
shall work in conjunction with the City of
Department to ensure that crime prevention
building design and construction. The City of
Department shall review all site plans and
• Prior to issuance of grading permits for the development sites, the
applicant shall be responsible for preparation of a Master Plan of
Utilities. The Master Plan of Utilities will determine any necessary
expansion of facilities and /or any modifications, upgrades or extensions
EXIIIERr 1 Page 32 of 47.
to the existing water systems resulting from this project. All necessary
expansions of facilities and /or upgrades or extensions of existing water
systems needed as a result of the project will be the responsibility of
the developer, unless current district or City policies dictate otherwise.
The plan shall be reviewed and approved by the City Engineer prior
to issuance of grading permits.
Wastewater
• • Prior to issuance of grading permits, the developer will provide a
Master Plan of Utilities facilities for the on -site development in order
to determine the exact necessary modifications or extensions to the
existing sewer systems, if needed. All necessary expansions of facilities
and /or upgrades or extensions of existing water systems needed as a
result of the project will be the responsibility of the developer, unless
current district or City policies dictate otherwise. The Plan shall be
reviewed and approved by the City Engineer prior to issuance of
grading permits.
C. SIGNIFICANT EFFECTS THAT CANNOT BE AVOIDED
Listed below are the significant environmental effects that cannot be avoided
if the project is implemented. These effects have been reduced to the extent
feasible through the requirements and mitigation measures described below.
The remaining unavoidable significant effects have been determined to be
acceptable when balanced against the economic, social, or other factors set
forth in the attached Statement of Overriding Considerations (Exhibit B).
Aesthetics /Light and Glare
Significant Effect:
The proposed project will result in the alteration of the natural coastal bluffs
due to stabilization for public areas on the Upper Castaways, Bayview
Landing, and Newporter North sites.
Findings:
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.
Specific economic, social, or other considerations make infeasible the project
alternatives identified in the Final EIR.
Facts in Support of Finding:
The significant effect has been substantially lessened by virtue of the standard
City policies identified in the Final EIR and the following mitigation measure:
• In conjunction with site plan review, the project proponent shall
prepare a detailed temporary grading and landscape plan for the bluff
• top setback area for the purpose of minimizing bluff erosion. If graded
slopes from a development area extend into the bluff top setback area,
as proposed by the PC Text, the project proponent shall prepare
detailed final grading and landscape plans for the bluff top setback
area. The plan shall be reviewed and approved by the Parks, Beaches
and Recreation Department, Planning Department, Public Works
Department, and Building Department.
EXmsrr 1 Page 33 of 47.
Significant Effect:
The proposed project, in conjunction with other past, present, and reasonably
foreseeable future projects, will result in the loss of vacant /open space areas
providing visual relief due to development of sites surrounding Newport Bay.
This loss is a significant impact.
Finding:
• 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.
Specific economic, social, or other considerations make infeasible the project
alternatives identified in the Final EIR.
Facts in Support of Finding:
The significant effect has been substantially lessened by virtue of the standard
City policies identified in the Final EIR and the following mitigation measure:
• Prior to approval of a site plan review for the Upper Castaways site,
the applicant or successor in interest shall provide evidence that they
have consulted with the Newport Harbor Lutheran Church regarding
the design of the residential development. Design issues to be
addressed include, but are not limited to: parking, access, location and
placement of structures, directional signage, and landscaping.
The proposed project defines development areas for sites currently vacant.
The development areas have been defined to maximize the open space
dedications, particularly on sites near Upper Newport Bay. The development
areas defined are considered to be the minimum necessary to insure the
economic viability of the development proposals.
Preservation of one or more of the sites proposed for development will
require acquisition by the City or another agency, such as the Newport
Conservancy. The costs of acquisition in total is substantial. This project will
allow for dedication of a maximum amount of open space with no acquisition
costs to the general public.
Transportationf Circulation
Significant Effect:
The proposed project will add measurable traffic congestion to several
intersections in the airport area in conjunction with other past, present, and
reasonably foreseeable future projects.
Findings:
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.
Specific economic, social, or other considerations make infeasible the project
alternatives identified in the Final EIR.
Ea-usrr 1 Page 34 of 47.
Facts in Support of Finding:
The significant effect has been substantially lessened by virtue of the standard
City policies identified in the Final EIR and the following mitigation
measures:
• The City shall prepare a circulation improvement monitoring program
to direct expenditures of funds received under the Development
• Agreement to make improvements and to monitor the status of those
improvements. The list of improvements to be implemented shall
initially be based on those identified on Table V, with prioritization
established based on technical need and ability to implement them in
a timely manner. Flexibility to add or delete projects on the list should
be maintained to respond to actual changes in traffic volumes and the
ability of the City to accomplish improvements so long as the projected
Net Benefit to the circulation system is maintained. Thereafter, a
review of the improvements' priority and implementation status shall
be done in conjunction with the City's annual Congestion Management
Program and Growth Management Program analysis and the annual
review of the Development Agreement.
• The applicant or successor in interest shall construct or post bond for
all frontage improvements identified in the Development Agreement
and listed in Table B of the Program EIR.
The Irvine Company has made a commitment to the funding of circulation
system improvements which will provide significant, long -term benefits to the
City which is greater than that which would be made available absent the
Circulation Improvement and Open Space Agreement.
Although the incremental increase in adverse transportation /circulation
effects as a direct result of the project is considered minor, it is viewed as a
cumulative significant impact within the context of on -going regional growth.
This unavoidable significant effect is considered acceptable when balanced
against the facts set forth in the Statement of Overriding Considerations.
Other public agencies with jurisdiction to effect regional solutions to
cumulative impacts identified in the Final EIR include the surrounding local
cities, the County of Orange, the Southern California Association of
Governments and the California Department of Transportation.
Air Quality
Significant Effect:
The proposed project, in conjunction with other past, present, and reasonably
foreseeable future project emissions, will contribute to a impact on regional
air quality.
Findings:
• 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.
Specific economic, social, or other considerations make infeasible the project
alternatives identified in the Final EIR.
EXHffirT 1 Page 35 of 47.
Facts in Support of Finding:
The significant effect has been substantially lessened by virtue of the standard
City policies identified in the Final EIR and the following mitigation
measures:
• Office and commercial development on the Corporate Plaza West and
Bayview Landing site shall also participate in the Centerride program
• currently in operation in the Newport Center area. Evidence of intent
to participate shall be provided to the City of Newport Beach Building
Department prior to issuance of occupancy permit.
• Bicycle racks shall be required in accordance with the City of Newport
Beach Transportation Demand Ordinance.
• Construction of related frontage improvements shall include bus
turnouts and shelters if determined to be necessary and desirable by
the Orange County Transit District and /or the City of Newport Beach.
Prior to final design and construction of any frontage improvements,
the City of Newport Beach shall contact the Orange County Transit
District to determine if any bus turnouts or shelters will be required.
• All development shall include street and security lighting (in parking
lots and pedestrian walkway areas) which is energy conserving. A
lighting plan shall be submitted for all development which demon-
strates compliance with this measure. The plan shall be reviewed by
the Planning Department and approved by the Department of Public
Works.
• Residential, commercial and office development shall be landscaped
with an emphasis on drought resistant plant species which will shade
buildings and reduce water and energy consumption during the
summer. A landscape plan shall be submitted for all development
which demonstrates compliance with this measure. The plan shall be
reviewed by the Planning Department and approved by the Depart-
ment of Public Works prior to issuance of an occupancy permit.
The project proposed will entitle less development than that allowed by the
Newport Beach General Plan. A small number of residential dwelling units
will not be constructed. However, a substantial amount of office /commercial
development will be abandoned. This will improve the jobs to housing ratio
in the City of Newport Beach. Improved jobs /housing balance is considered
by the Southern California Association of Governments and the South Coast
Air Quality Management District to be valuable in the attainment of air
quality requirements in the region.
Although the incremental increase in adverse air quality effects as a direct
result of the project is considered minor, it is viewed as a cumulative
significant impact within the context of on -going regional growth. This
unavoidable significant effect is considered acceptable when balanced against
the facts set forth in the Statement of Overriding Considerations.
• Other public agencies with jurisdiction to effect regional solutions to
cumulative impacts identified in the Final EIR include the surrounding local
cities, the County of Orange, the Southern California Association of
Governments, South Coast Air Quality Management District and the
California Air Resources Board.
EXHURT 1 Page 36 of 47.
Biology
Significant Effect:
The proposed project may impact California gnatcatcher habitat in the
Bayview Landing and Newporter North sites due to bluff stabilization and
remediation and grading related to erosion control and development of open
space uses.
• Findings:
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.
Specific economic, social, or other considerations make infeasible the project
alternatives identified in the Final EIR.
Facts in Support of Finding:
The significant effect has been substantially lessened by virtue of the standard
City policies identified in the Final EIR and the following mitigation
measures:
• This measure shall apply to the Newporter North, Newporter Knoll,
Bayview Landing, Upper Castaways, San Diego Creek South and San
Diego Creek North sites. Revegetation of cut and fill slopes, bluff
stabilization /remediation areas, fuel modification zones and other
graded areas adjacent to existing sensitive habitat areas (e.g. at the
edge of residential development, public facilities, or recreational areas)
shall be accomplished with plant palettes containing predominantly
native species. Steeper slopes (greater than 2 :1) shall be revegetated
with a mixture of coastal sage scrub species including California sage
brush which now dominates coastal sage scrub used by California
gnatcatchers. Portions of more level areas shall be revegetated with
species of native perennial grasses in an attempt to establish native
grassland. An expert in landscape revegetation, who is knowledgeable
and qualified in native plant mixtures shall provide consultation into
the preparation of landscape plans to ensure that this measure is
complied with. Landscape plans shall be approved by the City
Planning Department prior to issuance of building permits for private
development or commencement of grading for public facilities and
public recreational uses.
• All non - emergency grading related to bluff stabilization /remediation
on the Newporter North and Bayview Landing sites shall occur during
the non - breeding season for the California gnatcatcher. The non-
breeding season is from August 1 to January 31.
• Prior to approval of site plans or subdivision and /or City approval of
• park development plan (whichever comes first), the City shall retain
• biologist to further assess the potential for human and pet intrusion
• into the coastal sage scrub habitat supporting the California gnat-
catcher population. This assessment shall be at the cost of the
developer if related to site plans of subdivision, or at the cost of the
City if related to the park development plan. If the level of expected
intrusion is considered to be of sufficient magnitude to significantly
impact the California gnat catcher populations on site, mitigation
measures shall be designed and placed as conditions on the project to
Bxlm;rr 1 Page 37 of 47.
reduce the impact to the extent feasible. Such design and operational
measures could include perimeter fencing, homeowner and community
educational programs about the potential impact of cats on wild birds,
programs for trapping and removing problem animals.
• The precise details of any revegetation / replacement program will be
developed in conjunction with review and approval of design and
grading plans when the exact nature and extent of impacts are known.
• Any such programs will be subjected to full environmental review
pursuant to CEQA. Consultation with all interested and effected
resource agencies will occur as part of formulating and evaluating
revegetation programs. Given recent successful revegetation programs
in Orange County, such as those conducted in Crystal Cove State Park,
it is fully reasonable to expect that a properly prepared revegetation
program will be successful in mitigating impacts.
• Grading, earthmoving, and any related construction activities related
to residential development and associated improvements on the Upper
Castaways, San Diego Creek South, Bay View Landing, and Newporter
North sites shall be restricted as follows: Upper Castaways and New -
porter North - No grading (except that necessary for trail establishment
and improvements, erosion control, bluff stabilization or preparation
of the development area), stockpiling of soil or operation of equipment
shall take place within the bluff top setback area established by the
Bluff Top setback Ordinance. San Diego Creek South - No grading,
stockpiling of soils, or operation of equipment shall encroach into the
area of Bonita Creek beyond the existing 15 foot elevation contour.
Newporter North - No grading, stockpiling of soils or operation of
equipment shall take place within the 40 foot property line setback
area established by the Bluff Top Setback Ordinance except that
necessary for trail establishment and improvements, erosion control,
bluff stabilization, or preparation of the development area; or below
the lessor of the 60 foot elevation contour or a line 100 feet from a
formally delineated wetland in John Wayne Gulch freshwater marsh.
Bay View Landing - no grading, stockpiling of soil or operation of
equipment shall encroach into the hillside above the 25 -foot contour
of the lower development area.
The proposed project defines development areas for sites currently vacant.
The development areas have been defined to maximize the open space
dedications, particularly on sites near Upper Newport Bay. The development
areas defined are considered to be the minimum necessary to insure the
economic viability of the development proposals.
Preservation of one or more of the sites proposed for development will
require acquisition by the City or another agency, such as the Newport
Conservancy. The costs of acquisition in total is substantial. This project will
allow for dedication of a maximum amount of open space with no acquisition
costs to the general public.
Significant Effect:
• The proposed project will result in the loss of upland habitat (introduced
annual grassland) on the Newporter North site which could potentially result
in the elimination of coyotes from all or a portion of the Upper Newport Bay.
The proposed project will also result in an overall reduction in the general
botanical and wildlife resources of the area through habitat loss, the
fragmentation of habitats, interruption of wildlife movement, and a reduction
of genetic exchange among wildlife populations in the area.
EXIUBrr I Page 38 of 47.
Findings:
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.
Specific economic, social, or other considerations make infeasible the project
alternatives identified in the Final EIR.
• Facts in Support of Finding:
The significant effect has been substantially lessened by virtue of the standard
City policies identified in the Final EIR and the following mitigation
measures:
• This measure shall apply to the Newporter North, Newporter Knoll,
Bayview Landing, Upper Castaways, San Diego Creek South and San
Diego Creek North sites. Revegetation of cut and fill slopes, bluff
stabilization /remediation areas, fuel modification zones and other
graded areas adjacent to existing sensitive habitat areas (e.g. at the
edge of residential development, public facilities, or recreational areas)
shall be accomplished with plant palettes containing predominantly
native species. Steeper slopes (greater than 2:1) shall be revegetated
with a mixture of coastal sage scrub species including California sage
brush which now dominates coastal sage scrub used by California
gnatcatchers. Portions of more level areas shall be revegetated with
species of native perennial grasses in an attempt to establish native
grassland. An expert in landscape revegetation, who is knowledgeable
and qualified in native plant mixtures shall provide consultation into
the preparation of landscape plans to ensure that this measure is
complied with. Landscape plans shall be approved by the City
Planning Department prior to issuance of building permits for private
development or commencement of grading for public facilities and
public recreational uses.
• All non - emergency grading related to bluff stabilization /remediation
on the Newporter North and Bayview Landing sites shall occur during
the non - breeding season for the California gnatcatcher. The non-
breeding season is from August 1 to January 31.
• Prior to approval of site plans or subdivision and /or City approval of
• park development plan (whichever comes first), the City shall retain
• biologist, at the developers expense, to further assess the potential
for human and pet intrusion into the coastal sage scrub habitat
supporting the California gnatcatcher population. If the level of
expected intrusion is considered to be of sufficient magnitude to
significantly impact the California gnatcatcher populations on site,
mitigation measures shall be designed and placed as conditions on the
project to reduce the impact to the extent feasible. Such design and
operational measures could include perimeter fencing, homeowner and
community educational programs about the potential impact of cats on
wild birds, programs for trapping and removing problem animals.
• • The precise details of any revegetation /replacement program will be
developed in conjunction with review and approval of design and
grading plans when the exact nature and extent of impacts are known.
Any such programs will be subjected to full environmental review
pursuant to CEQA. Consultation with all interested and effected
resource agencies will occur as part of formulating and evaluating
EXMBrr 1 Page 39 of 47.
revegetation programs. Given recent successful revegetation programs
in Orange County, such as those conducted in Crystal Cove State Park,
it is fully reasonable to expect that a properly prepared revegetation
program will be successful in mitigating impacts.
The proposed project defines development areas for sites currently vacant.
The development areas have been defined to maximize the open space
dedications, particularly on sites near Upper Newport Bay. The development
areas defined are considered to be the minimum necessary to insure the
economic viability of the development proposals.
Preservation of one or more of the sites proposed for development will
require acquisition by the City or another agency, such as the Newport
Conservancy. The costs of acquisition in total is substantial. This project will
allow for dedication of a maximum amount of open space with no acquisition
costs to the general public.
Water Resources
Significant Effect:
The proposed project, in conjunction with other past, present, and reasonably
foreseeable future projects, will have an incremental long -term impact on
water quality in Newport Bay due to increased urban pollutants.
Findings:
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.
Specific economic, social, or other considerations make infeasible the project
alternatives identified in the Final EIR.
Facts in Support of Finding:
The significant effect has been substantially lessened by virtue of the standard
City policies identified in the Final EIR and the following mitigation
measures:
• Prior to the issuance of grading permits, the applicant shall provide to
the Building and Public Works Departments haul route plans that
include a description of haul routes, access points to the sites and
watering and sweeping program designed to minimize impacts of the
haul operation. These plans shall be reviewed and approved by the
Public Works Department. Copies of the plans shall be submitted to
the City's Planning Department.
• Prior to the issuance of grading permits, the applicant shall incorporate
the following erosion control methods into grading plans and opera-
tions to the satisfaction of the City Grading Engineer and Building
Department.
a. An approved material such as straw, wood chips, plastic or
similar materials shall be used to stabilize graded areas prior to
revegetation or construction.
EDC>mrr 1 Page 40 of 47.
b. Air -bome and vehicle -borne sediment shall be controlled during
construction by: the regular sprinkling of exposed soils; and the
moistening of vehicles loads.
C. An approved material such as rip rap (a ground cover of large,
loose, angular stones) shall be used to stabilize any slopes with
seepage problems to protect the top soils in areas of concentrat-
ed runoff.
• d. During the period of construction activity, existing vegetation
which will be retained on -site shall be protected from traffic by
the use of fences. If appropriate, buffer strips or vegetative
filter strips, such as tall stands of grass, can be used as an
alternative and /or supplementary method to protect against
sediment buildup.
• Prior to the issuance of grading permits, the project geotechnical
consultant and /or civil engineer shall develop a plan for the diversion
of stormwater away from any exposed slopes during grading and
construction activities. The plan shall include the use of temporary
right -of -way diversions (i.e., berms or swales) located at disturbed areas
or graded right -of -ways. The plan will be approved by the City
Engineer and Building Departments and implemented during grading
and construction activities.
• The applicant shall provide a temporary gravel entrance located at
every construction site entrance. The location of this entrance shall be
incorporated into grading plans prior to the issuance of grading
permits. To reduce or eliminate mud and sediment carried by vehicles
or runoff onto public rights -of -way, the gravel shall cover the entire
width of the entrance, and its length shall be no less than fifty feet.
The entrance plans shall be reviewed and approved by the City
Engineer and Grading Engineer concurrent with review and approval
of grading plans.
0 The applicant shall construct filter berms or other approved device for
the temporary gravel entrance. The berms shall consist of a ridge of
gravel placed across graded right -of -ways to decrease and filter runoff
levels while permitting construction traffic to continue. The location
of berms shall be incorporated into grading plans prior to the issuance
of grading permits. The plans shall be reviewed and approved by the
City Grading Engineer.
• During grading and construction, the applicant shall provide a
temporary sediment basin located at the point of greatest runoff from
any construction area. The location of this basin shall be incorporated
into grading plans. It shall consist of an embankment of compacted
soils across a drainage. The basin shall not be located in an area
where its failure would lead to a loss of life or the loss of service of
public utilities or roads. The plan shall be reviewed and approved by
the City Grading Engineer.
• 0 Any recorded CC&Rs shall incorporate mandates to the Homeowner's
Associations, commercial properties management and apartment
management companies regarding:
Fertilizer /Pesticide/Herbicide management practices
Irrigation Management Practices
Street sweeping requirements: vacuum truck, fall cleaning, etc.
rxtusrr 1 Page 41 of 47.
Signage and catch basin stencil maintenance.
Annual distribution of informational brochures (see Mitigation
Measures #77).
These mandates shall be reviewed and approved by the City of
Newport Beach prior to issuance of occupancy permits.
• The City of Newport Beach, homeowners associations, and commercial
• and apartment property management companies shall maintain legible
stenciling on any catch basin that they maintain. Stenciling shall use
selected letters and /or symbols approved by the City of Newport
Beach notifying the reader that the catch basin drains to the Newport
Bay and to warn against dumping.
• Brochures (such as the 'Nonpoint Source Pollution' brochures
published by the Orange County Flood Control District) shall be
distributed at the time of initial sale or lease of residential and
commercial properties. These brochures shall include a discussion of-
- Impacts of improper solid waste practices and littering.
- Proper use and management of fertilizers, herbicides and other
harmful chemicals.
- Impacts of dumping oil, antifreeze, pesticides, paints, solvents,
etc. into storm drains.
- Effective housekeeping practices such as use of bio- degradable
cleaning compounds and adsorbents.
- Benefits of preventing excessive erosion and sedimentation.
- Benefits of proper landscaping practices
- Benefits of minimizing non - stormwater runoff or adverse
impacts of over - irrigation.
These brochures shall be reviewed and approved by the City of
Newport Beach prior to issuance of occupancy permits.
The development areas defined as part of the project maximize the dedication
of open space and thereby reduces the impermeable surfaces associated with
the development of these sites. This will, therefore, increase absorption and
minimize the incremental increase in urban pollutants in Newport Bay.
Although the incremental increase in adverse transportation /circulation
effects as a direct result of the project is considered minor, it is viewed as a
cumulative significant impact within the context of on -going regional growth.
This unavoidable significant effect is considered acceptable when balanced
against the facts set forth in the Statement of Overriding Considerations.
Other public agencies with jurisdiction to effect regional solutions to
cumulative impacts identified in the Final EIR include the surrounding local
cities, the County of Orange, the Southern California Association of
Governments and the California Regional Water Quality Control Board.
Public Services and Utilities
• Significant Effect:
The proposed project will result in an impact on fire protection services.
rauuBrr 1 Page 42 of 47.
Findings:
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.
Specific economic, social, or other considerations make infeasible the project
alternatives identified in the Final EIR.
• Facts in Support of Finding:
While the proposed project does not provide for the actual construction of a
new fire station, a site has been identified and will be dedicated to the City
which allows for the construction of a fire station. The City of Newport
Beach is currently conducting a City -wide fire services study, which will assess
the provision of fire and emergency services to the City and identify the
optimal locations for fire stations. Subsequent to this study, the City may
elect to construct a fire station on the San Diego Creek North parcel.
IV. PROJECT ALTERNATIVES
Anal sis
Section 15126(d) of the CEQA Guidelines requires that an EIR describe "a range of
reasonable alternatives to the project, or to the location of the project, which could
feasibly attain the basic objectives of the project, and evaluate the comparative merits
of the alternatives."
Seven alternatives to the proposed project are evaluated in Section VI of the Final
EIR. Two of the alternatives were further broken down into a number of sub -
alternatives, for a total of 14 actual alternatives studied. These alternatives were
developed with the intent of finding ways to avoid or reduce the environmental
effects of the proposed project while attaining the basic objectives of the project,
even if those alternatives might impede the attainment of other project objectives and
might be more costly. The City Council has determined that all but one of these
alternatives are infeasible, in that they would not satisfy the basic project objectives
or they would not substantially reduce the environmental effects as compared to the
proposed project, with exception of the no development alternative. A summary of
the alternatives considered, along with an explanation of why each alternative was
rejected is presented below. The Project Objectives are presented in Section II.A.
& B., above.
1. No Project /No Development
This alternative assumes that no residential, commercial, office or public facility
development will occur on any of the sites. It also assumes that the sites will stay in
private ownership until and unless the sites are acquired by the City of Newport
Beach or another public or quasi -public entity. The no development alternative
avoids certain environmental effects associated with development of the proposed
project. It would also result in environmental effects which do not result if the
project is approved. These effects are:
• • The loss of funding for circulation system improvements which could cause
unacceptable levels of traffic service on local roadways.
• Loss of dedication of open space.
EXHMrr 1 Page 43 of 47.
• Potentially high costs to the City's General or Parks and Recreation funds if
acquisition is mandated. This could affect the overall fiscal solvency of the
City.
• An adverse effect on the City's jobs /housing balance.
• Increased cost to the City in obtaining a site for a new fire station.
• • Continued erosion of the bluffs on Upper Castaways and Newporter North.
Due to these adverse environmental effects which result from the alternative, it is not
considered to be environmentally superior and is rejected by the City of Newport
Beach on that basis.
2 No Project/No AUeement - Develonment Under Existing General Plan
Under this alternative, the proposed Agreement would not be approved and
development for each site would be pursued separately under the provisions of the
General Plan Land Use Element. This alternative will result in all of the adverse
impacts associated with the proposed project. The alternative would also result in
the following additional adverse environmental effects:
• Less land dedicated for open space and parks.
• Loss of early circulation system improvement funding, including the advance
of funds.
• Development of an additional 162,000 square feet of office development.
• Development of an additional 28 residential dwelling units.
• 20% more traffic generation than the proposed project.
• Significant adverse impact on the wetlands on the Jamboree /MacArthur site.
Due to these adverse environmental effects which result from the alternative, it is not
considered to be environmentally superior and is rejected by the City of Newport
Beach on that basis.
3. Reduced Development - No Agreement
This alternative would reduce the allowed development from the proposed project
on Bayview Landing, Upper Castaways, Newporter North, and San Diego Creek
South. This alternative would result in a greater amount of open space than the
proposed project. Housing units would be reduced from 956 to 641. The reduction
in development would reduce but not fully avoid the adverse effects of the proposed
project. In addition, the following adverse effects would result from this alternative:
• Less land dedicated for open space and parks.
• Loss of early circulation system improvement funding, including the advance
of funds.
• • An adverse effect on the jobs /housing balance in the community with the
resulting impact on air quality.
This alternative was identified as environmentally superior to the proposed project.
This alternative was rejected by the City of Newport Beach because the significant
economic and social benefits of the proposed project outweigh the increased
EX n)rF 1 Page 44 of 47.
environmental effects, specifically, the actual dedication of significant open space to
the City at no cost to the taxpayers and the advance funding of significant circulation
system improvements.
4 Partial Transfer of Develonment from Newporter North to Newport Center (No
Agreement)
This alternative assumes that 92 of the 212 residential units are transferred from
• Newporter North to Newport Center, either in Block 600 or Block 800. The transfer
of dwelling units to Block 600 would require a General Plan Amendment because
the area is designated for office uses. The primary intent of this alternative is to
reduce or avoid impacts to the small fresh water wetland on the site near the
intersection of Jamboree Road and Santa Barbara Drive.
This alternative is rejected by the City of Newport Beach for two primary reasons.
The site access point for a smaller residential development on Newporter North will
still be at the existing intersection on Jamboree Road at Santa Barbara Drive. This
is due to the fact that it is the best and most safe ingress /egress point. Grade
differentials between the site and San Joaquin Hills Road or Back Bay Drive
preclude access from either of these two roads. The distance between existing
intersections and site distance limitations due to grade differentials and curves dictate
the access point as proposed.
Additionally, the project proponent has determined that the residential projects
within Newport Center resulting from the transfer would be economically infeasible.
This alternative with no agreement will result in the increased adverse environmen-
tal, economic and social effects engendered by the other alternatives which assume
no agreement.
5. Design Alternatives
Three project design alternatives were analyzed, all of which would affect the uses
on the Bayview Landing Site and one of which would also alter the development
proposal on the Upper Castaways Site. Alternative A would replace the lower
Bayview Landing use with an active park and transfer 30,000 sq.ft. of retail
entitlement to Newport Center - Fashion Island. Alternative B would transfer the
active park from Upper Castaways to Bayview Landing and increase the development
area on the Upper Castaways for residential development. Alternative C would
allow for senior citizen housing (120 units) on Bayview Landing and transfer 30,000
sq.ft. of retail entitlement to Newport Center - Fashion Island.
Altemative A: The City of Newport Beach elects to adopt this alternative an
environmentally superior alternative.
Altemative B. The City of Newport Beach elects to adopt a variation of this
alternative by placing the activity park on the Bayview Landing site and designate a
portion of the Upper Castaways site for additional residential development in the
form of an affordable senior citizen housing project as an environmentally superior
alternative.
Altemadfve C. The City of Newport Beach elects to adopt a variation of this
• alternative. Senior Citizen housing facilities are needed in the City and are
appropriate on the Castaways site due the proximity of the area to transit routes,
medical services and shopping. Additional development in Fashion Island will
increase the economic viability of the center.
FXHIBrr 1 Page 45 of 47.
6 Alternative Agreement - Use of Funds for Open Space Acquisition
This alternative would use the interest free loan for acquisition of parks and open
space rather than for circulation system improvements.
The City of Newport Beach rejects this alternative as infeasible because the findings
to approve the project pursuant to the Traffic Phasing Ordinance cannot be made
without the improvements which will be made with the circulation funds. Therefore,
- the development agreement cannot be approved and the advance which is part of the
agreement would not be made.
7. Design Alternatives
Six design alternatives were rejected as infeasible through the environmental review
process. These alternatives are:
A: Intensification of residential development on Upper Castaways.
B: Transfer of all development to Newport Center.
C: Additional active park on Bayview Landing with night lights and on Newport
Village.
D: Alternative site access on Upper Castaways.
E: Additional access on Upper Castaways.
F: Alternate site access on Newporter North.
The City of Newport Beach rejects alternatives 7.A. & B. Due to the fact that they
would require significant amendments to the General Plan Land Use Element and
would not reduce the environmental effects associated with the approval of the
proposed project, as modified.
The City of Newport Beach rejects alternative 7.C. due to the conflict of night lights
with surrounding residential development near Bayview Landing, and incompatibility
of active park development on Newport Village with the Newport Center Sight Plane.
The City of Newport Beach rejects alternatives 7.D., E. & F. for specific public safety
considerations. In each case the alternate access points were determined to be
inadequate and unsafe by the consulting traffic engineers and the City's Public Works
Department.
Additional Alternative
During the public review and hearing process an additional alternative was identified.
This would provide for the dedication as neighborhood park and open space of the
Newport Village site in exchange for maintenance of ownership by The Irvine
Company of the portion of San Diego Creek North immediately adjacent to San
Diego Creek. This alternative would not change the allowed land use of the San
Diego Creek North site, but would allow The Irvine Company to utilize the area as
mitigation for a portion of their obligation related to the construction of the San
• Joaquin Hills Transportation Corridor. The dedication of the Newport Village site
would be for local neighborhood park uses which would not result in the anticipated
conflicts of an active recreation park as described in Alternative 7.C.
In the consideration of the project and the alternatives to the project, the City
Council has incorporated certain changes to the development standards in order to
reduce the significant effects of the proposed project. These include eliminating the
Eximrr 1 Page 46 of 47.
grading encroachment of the development areas on Castaways and Newporter North,
requiring compliance with site distance requirements as determined necessary by the
City Traffic Engineer, giving the City broader discretion regarding the height limits
on Castaways and Newporter North and requiring vehicular and pedestrian access
to the parks on Castaways via 16th Street or Cliff Drive, if feasible..
Conclusion
• On the basis of the information presented above, the City Council has determined
that the project as modified will accomplish the project objectives while substantially
reducing the environmental impacts of the project. The Statement of Overriding
Considerations (Exhibit 2) presents the reasons why the City Council has determined
that the proposed project should be approved, even though it will contribute to
significant project related and cumulative effects that cannot be fully mitigated.
•
PLT:.. \rd \eir \E[R148.fnd
ExHMrr 1 Page 47 of 47.
EIIIiIBIT 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 determined that the unavoidable
risks of the Circulation Improvement and Open Space Agreement Project are acceptable
• and are clearly outweighed by specific social and other benefits of the project. The benefits
of the proposed project which outweigh the unavoidable environmental risks are the
following:
1. The proposed project is consistent with the General Plan and the Land Use Plan of
the Local Coastal Program for most of the sites and as amended for the Bayview
Landing site.
2. The proposed project will insure no development occurs on sensitive habitat areas
of coastal bluffs and will preserve and provide access through park and open space
dedications to ocean and bay views.
3. The proposed project will contribute $21.1 million dollars towards local and regional
circulation improvements pursuant to the City's Fair Share Traffic Contribution
Ordinance, development site frontage improvements and additional improvements
pursuant to the Traffic Phasing Ordinance. A portion of these monies is in the form
of an interest free loan which will be repaid by the City over a term of 20 years from
50% of collected fair share fees. If the loan is not repaid within the 20 year term,
the outstanding balance is forgiven. The proposed project, as a result of this funding
mechanism, will place the City in a superior position for competitive roadway
improvement funds through the provision of a source of money for matching funds,
and will also provide funds for the construction of roadway improvements for which
there is no identified funding source.
4. The proposed project will result in the dedication of the Jamboree /MacArthur, San
Diego Creek North and Newporter Knoll site in total, and partial dedication of
Upper Castaways, Bayview Landing, Newporter North, Newport Village, Freeway
Reservation East and San Diego Creek South. These dedications total 140 acres,
which is 69 acres more than that envisioned in the General Plan.
5. The proposed project provides potential locations for senior citizen housing in the
community.
6. The proposed project will provide affordable housing as required by the Newport
Beach Housing Element.
The proposed project will improve the jobs /housing balance in the community.
8. The approval of the agreement will lower the potential acquisition costs of the Upper
Castaways and Newporter North sites due to the reduction of the allowable
development area.
9. The development agreement provides a location for a new City fire station.
• 10. The development agreement provides a location for a potential park and ride facility
in close proximity to the HOV access lanes of the San Joaquin Hills Transportation
Corridor.
11. The proposed project eliminates 162,000 sq.ft. of office development anticipated in
the Newport Beach General Plan.
12. The proposed project eliminates 28 dwelling units anticipated in the Newport Beach
General Plan.
PLT: ... \ED \E1R \EIR148.ORC