HomeMy WebLinkAbout1745 - CERTIFY FEIR FOR HOAG HEALTH CENTER _500-540 SUPERIORRESOLUTION NO. 1745
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
NEWPORT BEACH CERTIFYING THE FINAL ENVIRONMENTAL
IMPACT REPORT (SCH. NO. 2006101105) FOR HOAG HEALTH
CENTER LOCATED AT 500.540 SUPERIOR AVENUE IN
ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY
ACT AND STATE AND LOCAL GUIDELINES, MAKING CERTAIN
FINDINGS AND DETERMINATIONS THERETO, APPROVING A
MITIGATION MONITORING AND REPORTING PROGRAM AND
ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS
WHEREAS, an application was filed by Newport Beach Healthcare Center, LLC
requesting approval of an amendment to Use Permit Na. 2006 -010 and Traffic Study No.
2007 -002, with respect to properties located at 500 -540 Superior Avenue, more
specifically located west of Newport Boulevard, east of Superior Avenue, and north of
Dana Road, to: 1) allow the full conversion of the remaining 232,414 square feet of
general office and R &D floor area of the existing 329,414 square feet of floor area to
medical office use; and 2) authorize the future construction of an additional 20,586
square feet of medical office space on -site, for a total of 350,000 gross square feet of
medical office floor area. Additionally, a traffic study has been prepared pursuant to the
City of Newport Beach Traffic Phasing Ordinance (TPO); and
WHEREAS, it was determined pursuant to CEQA and the CEQA Guidelines (14
Cal. Code of Regulations, Sections 15000 et seq.) that the Project could have a significant
effect on the environment, and thus warranted the preparation of an Environmental Impact
Report ( "EIR'); and
WHEREAS, on March 23, 2007, the City of Newport Beach, as lead agency under
CEQA, prepared a Notice of Preparation ( "NOP ") of the EIR; mailed that NOP to public
agencies, organizations, and persons likely to be interested in the potential impacts of the
proposed Project; and
WHEREAS, the City thereafter caused to be prepared a Draft Environmental
Impact Report ( "DEIR "), which, taking into account the comments it received on the NOP,
described the Project and discussed the environmental impacts resulting there from, and
on September 11, 2007, circulated the DEIR for public and agency comments; and
WHEREAS, the public comment period closed on October 25, 2007; and
WHEREAS, staff of the City of Newport Beach has reviewed the comments
received on the Draft EIR, has prepared full and complete responses thereto, and on
November 5, 2007 distributed the responses in accordance with Public Resources Code
Section 21092.5; and
Planning Commission Resolution No. _
Page 2 of 4
WHEREAS, as a result of a new significant impact that was identified after the
public comment concluded for the Draft EIR, the City thereafter caused to be prepared a
Recirculated Partial Draft Environmental Impact Report ( "RPDEIR "), and on November 17,
2007, circulated the RPDEIR for public and agency comments; and
WHEREAS, the public comment period closed on January 31, 2008; and
WHEREAS, staff of the City of Newport Beach has reviewed the comments
received on the RPDEIR, has prepared full and complete responses thereto, and on
January 4, 2007 distributed the responses in accordance with Public Resources Code
Section 21092.5; and
WHEREAS, the EIR has been prepared and circulated for public review in
accordance with the California Environmental Quality Act, Public Resources Code Section
21000, et seq. ("CEQA"); and
WHEREAS, on January 17, 2008, the Planning Commission of the City of Newport
Beach, California, held a duly noticed public hearing to consider: (1) the certification of the
Final Environmental Impact Report ( "FEIR" , (2) the adoption of certain findings and
determinations and adopt statement of overriding considerations; and
WHEREAS, a combined Final Environmental Impact Report (collectively, TEIR')
for the Project was presented to the Planning Commission, as the decision making body of
the lead agency, for certification as having been completed in compliance with the
provisions of CEQA and State and local guidelines implementing CEQA; and
WHEREAS, the Planning Commission has read and considered all environmental
documentation comprising the FEIR, including the comments and the responses to
comments, and has found that the FEIR considers all potentially significant environmental
impacts of the proposed project and is complete and adequate, and fully complies with all
requirements of CEQA and of the State and local CEQA Guidelines; and
WHEREAS, prior to action on this Project, the Planning Commission has
considered all significant impacts and Project alternatives identified in the FEIR and has
found that all potentially significant impacts of the Project have been lessened or avoided
to the extent feasible; and
WHEREAS, CEQA and the CEQA Guidelines provide that no public agency shall
approve or carry out a project for which an EIR has been completed and which identifies
one or more significant effects of the project unless the public agency makes written
findings for each of the significant effects, accompanied by a statement of facts supporting
each finding; and
WHEREAS, CEQA and the CEQA Guidelines require, where the decision of the
Planning Commission allows the occurrence of significant environmental effects which are
identified in the EIR, but are not mitigated, the Planning Commission must state in writing
Planning Commission Resolution No. _
Page 3 of 4
the reasons to support its action based on the FEIR and/or other information in the record;
and
WHEREAS, the Planning Commission has determined that the Project is
consistent with the General Plan and Zoning Regulations of the City of Newport Beach.
WHEREAS, the Planning Commission finds that judicial challenges to the City's
CEQA determinations and approvals of land use projects are costly and time
consuming. In addition, project opponents often seek an award of attorneys' fees in
such challenges. As project applicants are the primary beneficiaries of such approvals,
it is appropriate that such applicants should bear the expense of defending against any
such judicial challenge, and bear the responsibility for any costs, attorneys' fees, and
damages which may be awarded to a successful challenger; and
NOW, THEREFORE, BE IT RESOLVED:
SECTION 1. Based on its review and consideration of the FEIR, all written
communications and oral testimony regarding the Project which have been submitted to
and received by the Planning Commission, the Planning Commission certifies that the
FEIR for the Project has been completed in compliance with CEQA and the State and
local CEQA Guidelines. The Planning Commission, having final approval authority over
the Project, adopts and certifies as complete and adequate the FEIR, which reflects the
Planning Commission's independent judgment and analysis. The Planning Commission
further certifies that the FEIR was presented to the Planning. Commission and that the
Planning Commission reviewed and considered the information contained in it prior to
approving the Project.
SECTION 2. CEQA Finding and Statement of Facts. Pursuant to CEQA
Guidelines Section 15091, the Planning Commission has reviewed and hereby adopts the
CEQA Finding and Statement of Facts as shown on the attached Exhibit "A" entitled
"CEQA Finding and Statement of Facts," which exhibit is incorporated herein by reference.
SECTION 3. Statement of Overriding Considerations. Pursuant to CEQA
Guidelines Section 15093, the Planning Commission has reviewed and hereby makes the
Statement of Overriding Considerations to adverse environmental impacts, attached also
as Exhibit "B" entitled "Statement of Overriding Considerations," which exhibit is
incorporated herein by reference.
SECTION 4. Mitigation Monitoring and Reporting Program. Pursuant to CEQA
Guidelines Section 15097, the Planning Commission has reviewed and hereby adopts the
"Mitigation Monitoring and Report Program" which is included as Exhibit "C ", which exhibit
is incorporated herein by reference.
SECTION 5. Location and Custodian of Record of Proceedings. The Planning
Department of the City of Newport Beach, located at 3300 Newport Boulevard, Newport
Beach, California 92263, is hereby designated as the custodian of the documents and
other materials which constitute the record of proceedings upon which the Planning
11
Planning Commission Resolution No.
Page 4 of 4
Commission's decision is based, which documents and materials shall be available for
public inspection and copying in accordance with the provisions of the California Public
Records Act (California Government Code Section 6250 et seq.).
SECTION 6. Notice of Determination. The Planning Director shall cause the filing
of a notice of determination with the County Clerk of the County of Orange and with the
state Office of Planning and Research within five working days of this approval.
SECTION 7. Certification. Posting and Filing. This resolution shall take effect
immediately upon its adoption by the Planning Commission of the City of Newport Beach,
and the Secretary to the Planning Commission shall certify to the vote adopting this
resolution and shall cause a certified copy of this resolution to be filed.
PASSED, APPROVED AND ADOPTED this 17"' day of January 2008
BY: M '-
r
Robert Hawkins,
AYES: Eaton, Peotter, Hawkins, Cole, McDaniel
Toerge and Hillgren
NOES: None
ABSENT: Absent
EXHIBIT A
FINDINGS AND FACTS IN SUPPORT OF FINDINGS FOR
THE FINAL ENVIRONMENTAL IMPACT REPORT
FOR THE HOAG HEALTH CENTER PROJECT
NEWPORT BEACH, CALIFORNIA
STATE CLEARINGHOUSE NO. 2006101105
INTRODUCTION
The California Environmental Quality Act (CEQA), Public Resources Code Section 21081, and the State
CEQA Guidelines, 14 Cal. Code of Regs., Section 15091 require that a public agency consider the
environmental impacts of a project before a project is approved and make specific findings. CEQA
Guidelines Section 15091 provides:
(a) No public agency shall approve or carry out a project for which an EIR has been certified
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:
Finding 1: Changes or alterations have been required in, or incorporated into, the
project which avoid or substantially lessen the significant environmental effect as
identified in the Final EIR.
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 or should be, adopted by such other agency.
Finding 3: Specific economic, legal, social, technological, or other considerations,
including provision of employment opportunities for highly trained workers, make
infeasible the mitigation measures or alternatives identified in the final EIR.
(b) The findings required by subsection (a) shall be supported by substantial evidence in the
record.
(c) The finding in subsection (a)(2) shall not be made if the agency making the finding has
concurrent jurisdiction with another agency to deal with identified feasible mitigation
measures or alternatives. The finding in subsection (a)(3) shall describe the specific
reasons for rejecting identified mitigation measures and project alternatives.
(d) When making the findings required in subsection (a)(1), the agency shall also adopt a
program for reporting on or monitoring the changes which it has either required in the
project or made a condition of approval to avoid or substantially lessen significant
environmental effects. These measures must be fully enforceable through permit
conditions, agreements, or other measures.
(e) The public agency shall specify the location and custodian of the documents or other
materials which constitute the record of the proceedings upon which its decision is based.
Hoag Health Center Project
Findings of Fact
January 17, 2006
Page 1
M A statement made pursuant to Section 15093 does not substitute for the findings
required by this section.
CEQA Guidelines Section 15093 further provides:
(a) CEQA requires the decision - making agency to balance, as applicable, the economic,
legal, social, technological, or other benefits of a proposed project against its unavoidable
environmental risks in determining whether to approve the project. If the specific
economic, legal, social, technological, or other benefits of a proposed project outweigh
the unavoidable adverse environmental effects, the adverse environmental effects may
be considered "acceptable ".
(b) Where the lead agency approves a project which will result in the occurrence of
significant effects which are identified in the final EIR but are not avoided or substantially
lessened, the agency shall state in writing the specific reasons to support its action based
on the final EIR and /or other information in the record. This statement of overriding
considerations shall be supported by substantial evidence in the record.
(c) If an agency makes a statement of overriding considerations, the statement should be
included in the record of the project approval and should be mentioned in the notice of
determination. This statement does not substitute for, and shall be in addition to, findings
required pursuant to Section 15091.
Having received, reviewed and considered the Final Environmental Impact Report (FEIR)
for the Hoag Health Center Project, SCH No. 2 0051 011 05, as well as all other
information in the record of proceedings on this matter, the following Findings and Facts
in Support of Findings (Findings) are hereby adopted by the City of Newport Beach (City)
in its capacity as the CEQA Lead Agency.
These Findings set forth the environmental basis for current discretionary action to be
undertaken by the City for the implementation of the Hoag Health Center Project, which
includes the approval of the Use Permit Amendment and Traffic Study by the City of
Newport Beach. These actions and the approval of the proposed medical office
development are collectively referred to herein as the Project.
A. Document Format
These Findings have been organized into the following sections:
(1) Section 1 provides an introduction to these Findings.
(2) Section 2 provides a summary of the Project and overview of the discretionary actions
required for approval of the Project, and a statement of the Project's objectives.
(3) Section 3 provides a summary of previous environmental reviews related to the Project
area that took place prior to the environmental review done specifically for the Project, and a summary of
public participation in the environmental review for the Project.
(4) Section 4 sets forth findings regarding those environmental impacts which were
determined as a result of the Initial Study, Notice of Preparation (NOP) and consideration of comments
received during the NOP comment period either not to be relevant to the Project or which were
determined to clearly not manifest at levels which were deemed to be significant for consideration at the
Project - specific level.
Hoag Health Center Project
Findings of Fact
January 17, 2008
Page 2
(5) Section 5 sets forth findings regarding significant or potentially significant environmental
impacts identified in the FEIR which the City has determined are either not significant or can feasibly be
mitigated to a less than significant level through the imposition of standard conditions, and /or mitigation
measures. In order to ensure compliance and implementation, all of these measures will be included in
the Mitigation Monitoring and Reporting Program (MMRP) for the Project. Where potentially significant
impacts can be reduced to less than significant levels through adherence to standard conditions, these
findings specify how those impacts were reduced to an acceptable level. Section 5 also includes findings
regarding those significant or potentially significant environmental impacts identified in the FEIR which will
or which may result from the Project and which the City has determined cannot feasibly be mitigated to a
less than significant level.
(6) Section 6 sets forth findings regarding alternatives to the proposed Project.
(7) Section 7 reflects the General Findings related to the preparation of and conclusions
related to the environmental effects and mitigation measures presented in the Draft and Final documents.
B. Custodian and Location of Records
The documents and other materials, which constitute the administrative record for the City's
actions related to the Project, are located at the City Newport Beach, Planning Department, 3300
Newport Boulevard, Newport Beach, California 92658. The City of Newport Beach is the custodian of the
administrative record for the Project.
2. PROJECT SUMMARY
A. Project Location
The subject property, which encompasses approximately 13.7 acres located at 500 — 540
Superior Avenue in the City of Newport Beach (the "Property "). The Property is bounded by Superior
Avenue on the northwest and by Dana Road on the southwest; Newport Boulevard abuts the Property on
the east and southeast. The City of Newport Beach Corporate Yard is located along the northeastern
Property boundary; the Sunbridge Care and Rehabilitation Center is located southeast of the site.
Multiple - family residential development and the Flagship Medical Care Center are located southwest of
the Property and the Harbor Homes Trailer Park and Superior Medical Center are located to the
northwest, across Superior Avenue.
B. Project Description
Newport Beach Healthcare Center, LLC, is requesting the approval of: (1) the conversion of the
remaining 232,414 square feet general office and research and development (R &D) floor area, of the
existing 329,414 square feet of existing floor area, to medical office use within the M -1 -A (Controlled
Manufacturing) zoning district; and (2) the construction of an additional 20,586 square feet of medical
office space on -site, for a total of 350,000 square feet of gross floor area. The total new medical office
floor area requested in the proposed Use Permit amendment is 253,000 square feet. The request is
consistent with the City's General Plan that designates the 13.7 -acre site as Commercial Medical Office
and the precise development limitation of 350,000 square feet of floor area. This land use designation is
intended to provide primarily medical- related uses. Additionally, approval of a traffic study is being
requested pursuant to the City of Newport Beach Traffic Phasing Ordinance (TPO). As indicated above,
a total of 1,985 parking spaces are provided to accommodate the development, including 427 surface
parking spaces and 1,558 spaces in two parking structures. Total parking exceeds the minimum on -site
parking requirement of 1,750 spaces prescribed by the City's parking code. The detailed project
description is contained within Chapter 3.0 of the Draft EIR.
Hoag Health Center Project
Findings of Fact
January 14 2008
Page 3
C. Discretionary Actions
Project approval will necessitate an amendment to the existing Use Permit (UP2006 -010) to allow
the development as proposed by the Project applicant and the approval of a traffic study pursuant to the
City's Traffic Phasing Ordinance. .
D. Statement of Project Objectives
A number of Project - specific objectives have been formulated for the Project. These objectives
include, but are not limited to, the following:
• To provide 350,000 square feet of medical office space that can be utilized to meet the
growing demand for outpatient health care services, including imaging, urgent care,
rehabilitation and health care education programs.
• To provide the highest quality health care available.
• To support Hoag Hospital's delivery of patient centered care for those hospitalized as an
inpatient and by providing additional outpatient care and services.
To recognize that as Orange County's population ages, and expands, so grows the need
for increased health care services.
• To have medical office space conveniently located near the hospital, and supported by
imaging, rehabilitation and educational programs allowing the hospital to attract new
physicians to the community.
To provide the much - needed space for physician offices. There is in great need for
primary care and specialty physicians. It is Hoag's objective to provide the space for
them to practice.
3. ENVIRONMENTAL REVIEW AND PUBLIC PARTICIPATION
The environmental review process for the Hoag Health Center Project is summarized as follows:
In accordance with CEQA requirements, the City prepared an Initial Study and published
a Notice of Preparation (NOP) of a Draft Environmental Impact Report (DEIR). The NOP
was filed with the State Clearinghouse on March 26, 2007. The State Clearinghouse
assigned State Clearinghouse (SCH) Number 2006101105 for the document.
The NOP and Initial Study were distributed to all responsible and trustee agencies and
other interested parties on March 23, 2007 for a 30 -day public review. The review period
ended on April 24, 2007. The Initial Study and Notice of Preparation were included in the
Draft EIR as Appendix A. Comments received during the NOP comment period are
included in Appendix B of the DEIR.
In accordance with CEQA requirements, a Notice of Completion (NOC) of the Draft EIR
was filed with the State Clearinghouse on September 10, 2007. The Draft EIR consisted
of a single volume, including technical appendices.
Hoag Health Center Project
Findings of Fact
January 17, 2008
Page 4
The Draft EIR was distributed to agencies, interested organizations, and individuals by
the City of Newport Beach. A forty -five (45) day public review period for the Draft EIR
was established pursuant to CEQA, which commenced on September 11, 2007 and
ended on October 25, 2007.
Comments received during the public review period for the Draft EIR were addressed in a
Response to Comments document dated November 2007, which was published by the
City on November 5, 2007, as Appendix G to the Final EIR for the Hoag Health Center
Project, SCH No. 2006101105.
The Final EIR (Responses to Public Comments) was distributed to responsible agencies,
agencies and individuals submitting comments on November 5, 2007.
Comments received during the public review period for the Recirculated Partial Draft EIR
were addressed in a Response to Comments document dated January 2008, which was
published by the City on January 4, 2008, as Appendix H to the Final EIR for the Hoag
Health Center Project, SCH No. 2006101105.
The Final EIR (Responses to Public Comments) was distributed to responsible agencies,
agencies and individuals submitting comments on January 4, 2008.
The following components comprise the Final EIR on the Hoag Health Center Project:
(a) Draft EIR, dated September 2007;
(b) Comments received on the Draft EIR and responses to those comments,
included as Appendix G to the Final EIR, dated November 2007;
(c) Recirculated Partial Draft EIR, dated November 2007;
(d) Comments received on the Recirculated Partial Draft EIR and responses to those
comments, included as Appendix H to the Final EIR, dated January 2008.
(e) Errata to the Draft EIR included as Appendix I dated January 2008.
(f) All attachments, incorporations, and references to the documents delineated in
items a. through e. above, and submitted to the City as part of the EIR process.
The Newport Beach Planning Commission considered the Final EIR on the Hoag Health
Center Project at its hearing on January 17, 2008.
The Hoag Health Center Project EIR was a Project Environmental Impact Report as described in Section
15161 of the State CEQA Guidelines. The Project EIR prepared for the Hoag Health Center Project
examined the potential environmental impacts of the specific actions proposed by the City of Newport
Beach necessary to implement the conversion of the existing R &D and professional office uses to
medical office uses. Further, the Draft EIR focuses on the specific issues where potentially significant
impacts were identified in the initial study that was prepared for the proposed Project. The Draft EIR
focuses primarily on the changes in the environment that would result from the implementation of the
Project components, including the conversion of the existing uses to medical office uses and the
construction of 20,586 square feet of additional medical office uses in a new structure for a total of
350,000 square feet. The Draft EIR examines all phases of the Project, including planning, construction,
and operation, as required by Section 15161 of the State CEQA Guidelines.
Hoag Health Canter Project
Findings of Fact
January 17, 2008
Page 5
4. ENVIRONMENTAL EFFECTS WHICH WERE DETERMINED NOT TO BE
POTENTIALLY AFFECTED BY THE PROPOSED PROJECT
As a result of the Initial Study that was circulated with the Notice of Preparation by the City on March 23,
2007, the City determined, based upon the threshold criteria for significance, that the Project would not
result in significant potential environmental impacts in several areas; therefore, the City determined that
the these potential environmental effects would not be addressed in the Draft EIR. In addition, the
analysis of aesthetics also concluded that no significant visual impacts would occur as a result of the
redeveloping the Hoag Health Center on the subject Property. Based upon the environmental analysis
presented in the Final EIR, and the comments received by the public on the Draft EIR, no substantial
evidence has been submitted to or identified by the City that indicates that the Project would have an
impact on the following environmental areas:
(a) Aesthetics: The Property is located west of Newport Boulevard and is bounded by
Superior Avenue on the west, and Dana Road on the south. Neither Newport Boulevard nor Superior
Avenue is designated as a scenic roadway. The subject Property and surrounding area are characterized by
higher density development, including the City's Corporate Yard to the north, a care and rehabilitation center
to the east, multiple - family residential and medical care center to the south, and a mobile home park and
medical center on the west. Hoag Hospital and related medical facilities are located south of the subject
Property. Building 3 (520 Superior Avenue) and Building 4 (530 Superior Avenue) are visible from Newport
Boulevard.
In 2001, the City granted a Use Permit to exceed the maximum permitted height of 32 feet to 50 feet in
conjunction with the remodel of the then existing industrial development. The project at issue in 2001
consisted of the demolition and reconstruction of approximately 214,210 square feet of existing buildings
and the remodel of another 201,283 square feet. It was noted at the time that, since 1981, the Property
has historically had buildings exceeding the 32 feet minimum, with an existing parking structure of 46 feet
to the top of the parapet and 50 feet to the top of the elevator. The officellaboratory building was 32 feet
to the top of the parapet with its mechanical penthouse structure taking it up to 41 feet. Additionally, the
increased height was approved based on a finding that it resulted in more public visual open space
between buildings and reduced Property coverage, than otherwise could have been achieved without the
increased height. Although future construction of the 20,586 square feet of additional medical office floor
area could result in a reduction in the public visual open space, any future expansion occurring on the
subject Property must be in substantial conformance with the approved Use Permit to ensure that it
complies with the intent of that Use Permit for height. If not, an amendment to the Use Permit would be
required. Most recently (December 2006), the City approved UP 2006 -010 for the Property that allows
the demolition of one existing building and the construction of an additional parking structure and the
conversion of existing office /R &D space to 97,000 square feet of medical office space. The aesthetic
impacts associated with the demolition of the existing parking structure and its replacement with a new
office building were evaluated in the Initial Study prepared for that 2006 project, which concluded that the
no significant visual impacts would occur as a result of that project. The parking structure approved to
replace Building No. 4, which will be demolished, will be substantially the same height as the building it
will be replacing. Design of the proposed parking structure would not iesult in any significant visual
impacts.
As previously indicated, the proposed project will result in the addition of 20,586 square feet of new
medical office floor area, which will be constructed between the parking structures and not be visible from
Newport Boulevard. Although the existing structures and the approved but yet -to -be constructed parking
structure would be visible from Newport Boulevard, views of the development would be the same as the
views of the views identified and described in the prior environmental analysis for the new parking
structure from locations along that roadway. Redeveloped medical office floor area will be constructed on
the interior of existing buildings and will not change views of the buildings from Newport Boulevard. The
east elevation of the parking structure, which would be visible from Newport Boulevard, has been
Hoag Health Center Project
Findings of Fact
January 17, 2008
Page 6
designed to be compatible with the existing structures and, therefore, would not result in any significant
adverse effect on the existing views. A series of views from the north and east is included in Appendix A
of the Draft EIR, which illustrates the existing and post - development views from three locations along
Newport Boulevard. As indicated in those views, the approved parking structure appears to encroach into
the same visual envelope as the existing office building that currently occupies the Property. As reflected
in those views, the approved parking structure is primarily designed as a concrete shear -wall, with metal
panels and a metal trellis. Other elements on the east elevation include storefront glazing with aluminum
mullion and perforated metal panels. The combination of these features and design of the structure,
which does not exceed the height of the existing office building, will not significantly alter views from
Newport Boulevard. Therefore, no significant aesthetic impacts are anticipated with implementation of
the proposed Project and no mitigation measures are required.
The Property does not possess any unique aesthetic features such as heritage trees, rock outcroppings,
or historic structures or features. In addition, the Property is not located along a state scenic highway. As
indicated above, two existing structures are visible from Newport Boulevard; however, this arterial
highway is not designated as a scenic corridor. Although the proposed Project includes the construction
of an additional 20,586 square feet of medical office floor area on the subject Property, it is not
anticipated that the addition of this floor area would create a significant visual impact to scenic resources.
As previously indicated, the subject Property is devoid of native trees, rock outcroppings, historic
buildings or other amenities that constitute a visual resource. No significant aesthetic impacts are
anticipated with implementation of the proposed Project and no mitigation measures are required.
The area surrounding the Property is also intensively developed with a variety of commercial, industrial,
residential and medical office uses. The conversion of the remaining non - medical office space to medical
office uses and the construction of the additional 20,586 square feet of medical office floor area on the
Property will not significantly change the existing visual character or quality of the Property or its
surroundings. The additional structure proposed on the Property to accommodate the additional floor
area would be designed to be compatible not only with the existing office buildings and parking structures
but also the surrounding non - residential development. In particular, the new structure would not exceed
the height of the existing buildings and would not be an intrusive element within the area. Therefore, less
than significant visual impacts are anticipated with implementation of the proposed Project and no
mitigation measures are required.
(b) Agricultural Resources: The subject Property is substantially developed with
industrial uses. In addition, the surrounding properties are also intensively urbanized with a variety of
land uses, including residential and commercial development. Because the Property and surrounding
areas are developed, the area is not recognized by the State of California as having any agricultural
significance. Implementation of the Project will not result in the conversion of any designated prime or
otherwise significant farmland. Project implementation will not result in any impacts to agricultural soils or
important farmland.
(c) Air Quality Objectionable odors are not currently present within the Project
Property or environs. Approval of the proposed Project would not ultimately result in the creation of
objectionable odors, as there is no change in the nature of the land use. Although some of the equipment
may emit some odors, they would not be significant during construction due to the short term nature of
construction and the fact that the vast majority of construction associated with the Project will take place
inside existing buildings. Therefore, implementation of the Project will not create significant impacts with
regard to odors.
(d) Biological Resources: The subject Property is located within an urbanized area
in the City of Newport Beach. No sensitive species (or candidate species) inhabit the Property and no
significant, valuable habitat presently exists at the Project site. The Property does not contain riparian
habitat or other sensitive natural community. No portion of the subject Property contains federally
protected wetlands as defined by Section 404 of the Clean Water Act. Specifically, no marshes, vernal
Hoag Health Center PNjecf
Findings of Fact
January 17, 2008
Page 7
pools or other wetlands defined by either the U.S. Army Corps of Engineers or the California Department
of Fish and Game are located within the limits of the Project site, which has been extensively altered and
Is devoid of natural habitat and does not support sensitive species. Finally, the developed Property is not
included in the Southern Orange County NCCP and, therefore, is not protected by an adopted Habitat
Conservation Plan, Natural Community Conservation Plan or other local, regional, or State habitat
conservation plan. Therefore, development pursuant to the proposed site development plan will not
conflict with local, regional or State resource preservation and conservation policies. Although
intensification of the existing land uses will result in some short-term construction impacts, Including dust
and pollutant emissions that may have some minor effect on plant species throughout the region, no
direct impacts to sensitive species will occur as a result of Project implementation due to the proximity of
the nature center and mitigation of short-term, construction- related air emissions. Therefore, no
significant impacts to biological resources are anticipated to occur as a result of Project implementation.
(e) Cultural Resources: The Property encompasses several structures comprising
the Newport Technology Center. The Property was developed in the late 1950s- Since that time,
buildings have been added and remodeled as needs evolved. All of the existing structures are
contemporary in nature and do not possess historic value or significance. Further, there are no identified
structures and /or other historical resources currently known to exist within the immediate Project vicinity
that would be affected as a result of implementing the approved parking structure and related facilities.
Neither the subject Property nor the surrounding properties are identified as historic resources in the
City's General Plan. No significant adverse changes to any historical resources will occur. Project
implementation will necessitate some grading and site alteration in order to implement the proposed
structure; however, it is not anticipated that any historic, archaeological, or paleontological resources will
be affected_ Therefore, no significant impacts to these resources will occur as a result of Project
implementation and no mitigation measures are required.
(f) Soils and Geology: The Project is located in the seismically active southern
California region. Primary ground rupture or fault rupture is defined as the surface displacement that
occurs along the surface of a fault during an earthquake. There are no active faults or fault systems
known to exist on or in the immediate vicinity of the Project site. In addition, the Project site is not within
an Alquist-Priolo Earthquake Fault Zone as illustrated on the maps issued by the State Geologist for the
area. However, other faults without surface expression (i.e., blind faults) or other potentially active
seismic sources also capable of generating an earthquake may be present under the Property at depth
but not yet identified. Implementation of the Project is not anticipated to expose people or structures to
fault rupture during a seismic event.
As indicated above, the Property is located in a seismically active region. The potential for severe
damage and loss of life resulting from earthquake activity exists within the City of Newport Beach.
Although there are no active faults or fault systems known to exist on or in the immediate vicinity of the
Project site (and the Property is not within an Alquist- Priolo Earthquake Fault Zone), it is subject to
seismic shaking resulting from earthquakes occurring on one or more of the regional faults. The Property
and environs are located within an area designated as Category 2 by the Newport Beach Public Safety
Element (Newport Beach Public Safety Element "Potential Seismic Hazards Areas "). Areas in Category 2
are characterized by stronger shaking potential than Category 1, which is the lowest ground shaking
category identified in the City. All of the structures and facilities proposed by the applicant will be
designed and constructed in accordance with the current Uniform Building Code to ensure that potential
damage to seismic shaking will be minimized. Further, design level geotechnical studies will be
conducted to ensure that on -site characteristics can be evaluated and the proposed building property
designed to address the existing soils and geologic conditions. Implementation of proper grading and
design measures will ensure that significant potential impacts associated with groundshaking will not
occur with implementation of the Project.
Hoag Health Center Project
Findings of Fact
January 17, 2008
Page 8
(g) Hazards and Hazardous Material: The subject Property is not located within the
limits of the John Wayne Airport land use plan or other public airport or private airstrip. Neither that
commercial airport nor any other public airport or private airstrip is located within two miles of the
Property. As a result, Project implementation will not result in potential adverse impacts, including safety
hazards, to people residing or working in the Project area. No significant impacts will occur as a result of
Project implementation and no mitigation measures are necessary.
(h) Hydrology and Water Quality: The subject Property is located in an area that is
completely developed. Although site alteration will occur, implementation of the Project will not affect any
existing groundwater recharge activities. No groundwater wells are located on the Property or in the
vicinity of the Project that would be adversely affected by the Project. Site development as proposed will
not result in any impacts to nearby wells that would affect any domestic water well capacity or their ability
to provide adequate water service to the existing and planned land uses in the City. In addition, Project
implementation will not result in any changes to the existing drainage patterns, either on the Property or in
the vicinity of the Property. No alterations to existing watercourses are proposed by the applicant.
Surface runoff currently flows from the Property to the perimeter streets (i.e., Superior Avenue, Dana
Road). The proposed site plan will maintain the existing grades and will not substantially change the
volume and rate of surface flows emanating from the Property.
The subject Property is not located within the 100 -year flood plain as delineated on the Flood Insurance
Rate Map (FIRM) by the Federal Emergency Management Agency (FEMA) for the City of Newport Beach.
No residential development is proposed by the applicant for the Property. Therefore, development of the
Property as proposed will not result in the placement of housing within a flood -prone area identified by
FEMA or the City of Newport Beach. No significant impacts are anticipated as a result of Project
implementation.
Demolition and construction activities associated with the implementation of the Project would result in a
potential temporary increase in erosion and the potential release of sediment and construction pollutants
into storm water runoff. Although Project implementation will result in the exposure of the site soils to the
elements during the construction phase, appropriate erosion control techniques prescribed in the Storm
Water Pollution Prevention Plan required as a condition of applicable statewide stormwater permit
regulations will address the specific nature of any potential erosion. Upon completion of construction,
potential erosion of the site soils will be eliminated. The incorporation of the mandated best management
practices required as part of applicable stormwater regulations will ensure that potential erosion of the site
soils and release of construction pollutants remain less than significant. No potential erosion of off -site
soils will occur as a result of Project implementation.
Implementation of the proposed Project would not result in any significant changes in the quality of
surface water that could affect water quality at other nearby locations because the Property is currently
developed and nearly completely impervious. Nonetheless, the applicant is proposing uses that are
consistent and compatible with the existing land uses and those reflected in the adopted long -range plans
for the Property. The types and concentrations of pollutants are similar to those resulting from the same
uses that exist on the Property and those in other areas in the City and include: silt (during construction),
petroleum hydrocarbons from parking areas, pesticides and fertilizers, and other pollutants common to
Urban development. It is important to note that no unusual contamination or pollutant is anticipated -as a
result of implementing the Project and, further, that the increases in pollutant and/or contaminant
concentrations will be addressed in the best management practices required as part of the City of
Newport Beach regulations related to the Water Quality Management Plan applicable to the Property and
other standard conditions that have been prescribed for the Project. Therefore, the potential impacts
relative to water quality will be reduced to a less than significant level with implementation of the Project.
Hoag Health Center Project
Findings of Fact
January 17, 2008
Page 9
(i) Land Use and Planning: The Newport Beach General Plan Identifies the City's
open space and conservation areas. However, because the area of the City in which the Project site is
located is nearly completely developed, natural open space and habitat are limited in the area. The
subject Property, operating as the Newport Technology Center, encompasses approximately 13.7 acres
that are developed with a variety of industrial uses. No natural features and/or habitat that would support
sensitive species exist on the Property. In particular, no portion of the City is located within a Natural
Community Conservation Plan or Habitat Conservation Plan. Therefore, Project implementation will not
adversely affect such a plan, sensitive habitat and /or resources. No significant impacts with regard to
open space or conservation areas are anticipated as a result of Project implementation.
0) Mineral Resources: There are no mineral resources of regional or Statewide
importance within the Project site. The Property and adjacent properties are currently developed with
urban uses (i.e., industrial park). Project implementation would not adversely affect any significant
mineral resources.
(k) Ise: It is unlikely that any activities occurring as a result of Project
implementation will expose the area to excessive groundborne vibration or groundbome noise levels.
Potential noise impacts will result from typical construction activities but construction will not require
unusual grading or construction techniques that would cause excessive groundborne vibrations (i.e., pile
drivers). Further, no use proposed on the Property would result in vibration impacts; therefore, potential
vibration impacts with implementation of the proposed Project will be less than significant.
(1) Population and Housing: Project implementation includes the conversion of
existing non - medical office uses on subject Property to medical offices totaling 350,000 square feet. The
Property is located in an industrial area of the City. No existing dwelling units or residents would be
displaced by implementation of the proposed Project and, further, Project implementation would not
require new or unplanned infrastructure. Because the environs and City of Newport Beach are nearing
buildout, no population growth would occur as a result of the proposed Project. Therefore, no significant
impacts related to population or housing are anticipated with implementation of the Project.
(m) Public Services: All of the existing public facilities and services, including police
and fire protection, schools, libraries and City services are adequate to serve the proposed Project. No
significant impacts to public services are anticipated and no mitigation measures are required.
(n) Recreation: Project implementation includes the conversion of existing
office/R&D floor area to medical office uses and the construction of an additional 20,586 square feet of
medical office floor area on the Property. The Project will result in an increase of approximately 6 percent
over the currently entitled floor area. No residential development is proposed that would create a new
demand, or increase an existing demand, for recreational facilities. Existing parks in the vicinity of the
Project site will not be physically altered nor will their total acreage be reduced as a result of Project
implementation. Further, given the nature of the Project (i.e., non - residential), a greater demand for parks
and recreation would not occur because the Project would not result in an Increase in population that
would necessitate new or expanded recreational facilities. Therefore, no significant impacts to City -wide
recreational opportunities are anticipated and no mitigation measures are required.
(o) TransportationlTrafric: The subject Property is currently developed as a
technology center, which is located approximately three miles southwest of John Wayne Airport. Project
implementation, which includes the conversion of all of the remaining non - medical office floor area to
medical office uses (i.e., 232,414 square feet) and the construction of an additional 20,586 square feet of
medical office floor area, will not result in any changes to air traffic patterns. Therefore, no significant
impacts to air traffic patterns are anticipated and no mitigation measures are required.
Hoag Health Center Project
Findings of Fact
January 17, 2008
Page 10
Access to the Property is adequate to accommodate Project- related traffic as well as provide emergency
access. The existing Project north driveway currently provides full access to Superior Avenue with stop
sign control. A two -way left turn median is currently provided on Superior Avenue for left turns into the
Project site and a right turn lane is striped on Superior Avenue at the Project central driveway, which will
incorporate a traffic signal (analyzed as part of prior approvals at the Property). The existing Project
south driveway is proposed to accommodate right turns in /out only access to Superior Avenue with stop
sign control. Future construction of the additional medical office floor area would be designed to ensure
that adequate emergency access is provided. As a result, no significant impacts related to emergency
access would occur with Project implementation.
(p) Utilities: Implementation of the proposed Project would result in the generation of
demolition and construction debris during the construction phase. In addition, solid waste will be
generated at the Property associated with the proposed land uses. The applicant is proposing to convert
some of the existing floor area to medical offices. The addition of the medical office floor area could
result in the generation of some medical /biohazard waste; such waste would be disposed properly at
facilities certified to accept it. Further, the County landfill system (i.e., three landfill sites) has a capacity in
excess of 30 years. The City is required to comply with AB939, which requires reducing the amount of
solid waste by 50 percent. Site development will be subject to the requirements established in the City's
Source Reduction and Recycling Element (SRRE) that reflect the manner in which solid waste reduction
will occur. Compliance with the SRRE will ensure that such reductions occur, not only at the Project site
but also throughout the City of Newport Beach. It is possible that some of the demolition debris could be
recycled, which would result in a reduction In the amount of construction debris that would be landfilled.
Therefore, no significant impacts relative to solid waste generation or disposal are anticipated to occur as
a result of Project implementation. The Project site will remain subject to provision that it must comply
with the City's SRRE.
The initial study prepared for the proposed project also identified potential impacts that could result from
project implementation in the areas of light and glare (i.e., aesthetics) and to cultural and scientific
resources. However, specific mitigation measures were identified and prescribed in the initial study to
ensure that any project - related significant effects would be reduced be avoided or reduced to a less than
significant level. These potential impacts and the respective mitigation measures are identified below.
Aesthetics
IMPACT
Lona -Term Impact: The existing development is characterized by lighting that Illuminates
the surface parking lot and existing parking structure. In addition, lighting is also
associated with building security. Project implementation will result in the conversion of
232,000 square feet of R & D and office floor area to medical office floor area and the
additional development of 20,586 square feet of medical office floor area within the limits
of the 133-acre property. The introduction of a new building on the site could introduce a
new source of light and glare, which could impact adjacent properties if not properly
designed.
Finding: 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 or should be, adopted by such other agency.
Hoag Health Center Project
Fincrings of Fact
January 17, 2008
Page 11
MM -1 The site shall not be excessively illuminated based on the luminance
recommendations of the Illuminating Engineering Society of North America, or, if
in the opinion of the Planning Director, the illumination creates an unacceptable
negative impact on surrounding land uses or environmental resources. The
Planning Director may order the dimming of light sources or other remediation
upon finding that the site is excessively illuminated-
MM-2 Prior to the issuance of building permits, the applicant shall prepare a
photometric study in conjunction with a final lighting plan for approval by the
Planning Department.
Facts in Support of the Findings: With the exception of lighting associated with the new
building that may be installed within the development, no other significant new lighting is
proposed to be introduced into the project area. Implementation of the measures cited
above will ensure that lighting on the site complies with standards established by the
Newport Beach Municipal Code, which are intended to avoid significant lighting and glare
conflicts. Therefore, potential lighting and glare impacts are anticipated to be less than
significant.
Cultural Resources
1. IMPACT
4ong -Term Impact: Although the site has been substantially altered as a result of prior
grading and site development, additional grading and excavation associated with
construction of the new building proposed for the Hoag Health Center could affect cultural
resources that may exist beneath the site.
Finding: 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 or should be, adopted by such other agency.
MM -3 Prior to issuance of a grading permit, the applicant shall provide written evidence
to the Planning Director that a qualified archaeologist has been retained to
observe grading activities and conduct a pre - grading conference, shall establish
procedures for archaeological resource surveillance, and shall establish, In
cooperation with the applicant, procedures for temporarily halting or redirecting
work to permit the sampling, identification and evaluation of the artifacts as
appropriate. If additional or unexpected archaeological features are discovered,
the archaeologist shall report such findings to the applicant and to the Planning
Department. If the archaeological resources are found to be significant, the
archaeological observer shall determine appropriate actions, in cooperation with
the applicant, for exploration and/or salvage. These actions, as well as final
mitigation and disposition of the resources, shall be subject to the approval of the
Planning Director.
Facts in Support of the Findings: Proper on -site management during the site preparation
and grading phase of development will include on -site monitoring and the implementation
of appropriate collection in the event artifacts are encountered. As a result, potential
impacts to cultural resources would be substantially reduced or eliminated.
Hoag Health Center Project
Findings of Fact
January 17, 2008
Page 12
All environmental effects have been substantially lessened by virtue of the measure
described above. No significant, unavoidable adverse impact will remain after
implementation of the required mitigation measure.
2. IMPACT
Lonq -Term Impact: Although it is not likely that implementation of the project will result in
any potentially significant impacts to paleontological resources because of the prior
development activities that have taken place on the site and in the surrounding area,
grading and excavation required for the proposed new structure may have the potential to
encounter paleontological resources.
Finding: 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 or should be, adopted by such other agency.
MM -4 Prior to issuance of a grading permit, the applicant shall provide written evidence
to the Planning Director that a qualified paleontologist has been retained to
observe grading activities and salvage fossils as necessary. The paleontologist
shall be present at the pre - grading conference, shall establish procedures for
temporarily halting or redirecting work to permit the sampling, identification and
evaluation of the fossils as appropriate. If major paleontological resources are
discovered that require long -term baiting or redirecting of grading, the
paleontologist shall report such findings to the applicant and the Planning
Department. The paleontologist shall determine appropriate actions, In
cooperation with the applicant, which mitigation and disposition of the resources
shall be subject to the approval of the Planning Director.
Facts in Support of the Findings: Proper on -site management during the site preparation
and grading phase of development will include on -site monitoring and the implementation
of appropriate collection in the event fossils and related materials are encountered. As a
result, potential impacts to paleontological resources would be substantially reduced or
eliminated.
3. IMPACT
Lono -Term Impact: Although no formal cemeteries are located on the site or in the
project environs and no human remains are known to exist in the project area, project
implementation will require grading and excavation to implement the proposed
improvements, which could impact human remains if encountered on the site.
Finding: 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 or should be, adopted by such other agency.
MM -5 In accordance with the Public Resources Code 5097.94, if human remains are
found, the Orange County Coroner must be notified within 24 hours of the
discovery. If the coroner determines that the remains are not recent, the coroner
shall notify the Native American Heritage Commission (NAHC) in Sacramento to
determine the most likely descendent for the area. The designated Native
American representative shall then determine, in consultation with the property
owner, the disposition of the human remains.
Hoag Health Center Project
Findings of Fact
January 17, 2008
Page 13
Facts in Support of the Findings: Proper on -site management during the site preparation
and grading phase of development will include on -site monitoring and the implementation
of appropriate collection in the event human remains are encountered. As a result,
potential impacts to cultural resources would be substantially reduced or eliminated.
5. FINDINGS REGARDING POTENTIALLY SIGNIFICANT ENVIRONMENTAL EFFECTS
The following potentially significant environmental impacts were analyzed in the Final EIR. Where as a
result of the environmental analysis of the Project and the compliance with existing laws, codes and
statutes, and the identification of feasible mitigation measures, the following potentially significant impacts
have been determined by the City to be reduced to a level of less than significant, the City has found in
accordance with CEQA Section 21081(a)(1) and CEQA Guidelines Section 15091(a) (1) that "Changes or
alterations have been required in, or incorporated into, the Project which mitigate or avoid the significant
effects on the environment," which is referred to herein as "Finding l.' Where the potential Impact Can be
reduced to less than significant solely through adherence to and implementation of standard conditions,
these measures are considered "incorporated into the Project" which mitigate or avoid the potentially
significant effect, and in these situations, the City also will make "Finding 1" even though no mitigation
measures are required.
A finding that concludes that where mitigation measures have been identified that are feasible and can be
implemented but those changes or alterations (i.e., mitigation measures) are within the responsibility and
jurisdiction of another public agency and not, in this case, the City of Newport Beach, "Finding 2 ", as
identified above, would be made by the lead agency. Such changes have been adopted by such other
agency or can or should be, adopted by such other agency.
Where, as a result of the environmental analysis of the Project, the City has determined that either (1)
even with the identification of standard conditions, compliance with existing laws, codes and statutes,
and /or the identification of feasible mitigation measures, potentially significant impacts cannot be reduced
to a level of less than significant, or (2) no feasible mitigation measures or alternatives are available to
mitigate the potentially significant impact, the City has found in accordance CEQA Section 21081(a)(3)
and CEQA Guidelines Section 15091(a)(3) that "Specific economic, legal, social, technological, or other
considerations, including considerations for the provision of employment opportunities for highly trained
workers, make infeasible the mitigation measures or alternatives identified in the environmental Impact
report," referred to herein as "Finding 3."
A. TRAFFIC AND CIRCULATION
IMPACT
Long -Term Impact: Project implementation will result in significant Project- related and
cumulative impacts to the Superior Avenue/17`" Street intersection, which is forecast to
operate at LOS F (ICU 1.105) during the a.m. peak hour and LOS F (ICU1.054) during the
p.m. peak hour with the addition of Project - related traffic.
Finding: Changes or alterations have been required in, or Incorporated into the Project, or
are otherwise being implemented which substantially mitigate or avoid the significant
effects on the environment as summarized above and described in detail in Chapter 4.0,
Section 4.2 of the EIR.
Hoag Health Center Project
Findings of Fact
January 17, 2008
Page 14
Finding: Implementation of the changes or alterations required by MM 4.2 -1 are within
the jurisdiction of the neighboring City of Costa Mesa as the particular intersection at
issue lies with the boundaries of Costa Mesa. The City of Costa Mesa has agreed to
allow for the implementation of the change described below and the Project applicant will
work in conjunction with the City of Costa Mesa to complete the implementation of MM
4.2 -1.
Finding: All significant environmental effects have been substantially lessened by virtue
of the measure described above. No significant, unavoidable adverse impacts will
remain after implementation of the required mitigation measures.
MM 4.2 -1 Prior to the issuance of a certificate of occupancy for a medical office tenant
improvement permit which would cause the site to exceed 155,000 square
feet of medical office flopr area, the project applicant shall be required to
restripe to provide a westbound left turn lane, shared Ieftithrouwgh lane,
through lane, and right turn lane at the Superior Avenue/17' Street
intersection. This improvement would require modification to the traffic
signal phasing and interconnect with the Newport Boulevard /17th Street
intersection. The applicant shall work in conjunction with the City of Costa
Mesa to complete this improvement.
Facts in Support of the Findings: Implementation of the mitigation measure is Intended to
reduce the potential traffic and circulation impacts by increasing the capacity of the
Superior Avenue /171h Street intersection to accommodate future traffic volumes projected
at that intersection. This mitigation measure will reduce potential long -term Project -
related traffic impacts at the Superior Avenue /17'h Street intersection to a less than
significant level. Implementation of the mitigation measure can be carried out by the
Project applicant but only with the coordination and approval of the City of Costa Mesa,
as the Superior Avenue /17"' Street intersection lies within the jurisdiction of the City of
Costa Mesa. The City of Costa Mesa has agreed to allow the implementation of the
improvement described in the mitigation measure. Thus, although the recommended
changes are within the jurisdiction of the City of Costa Mesa and not the City of Newport
Beach the recommended changes have agreed to by the City of Costa Mesa and will be
able to be implemented by the Project applicant.
2. IMPACT
Long -Term Impact: Project implementation will result in significant cumulative impacts to
the Newport Boulevardll8th Street - Rochester Street intersection, which is forecast to
operate at LOS E (ICU 0.941) during the p.m. peak hour with the addition of Project- related
traffic.
Finding: Changes or alterations have been required in, or incorporated into the Project, or
are otherwise being implemented which substantially mitigate or avoid the significant
effects on the environment as summarized above and described in detail in Chapter 4.0,
Section 4.2 of the EIR.
Finding: 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 or should be, adopted by such other agency.
Hoag Health Center Pmfect
Findings of Fad
January 17, 2008
Page 15
MM 4.2 -2 Prior to the issuance of a certificate of occupancy for a medical office tenant
improvement permit which would cause the site to exceed 285,000 square
feet of medical office floor area, the project applicant shall pay a fair share
fee to the City of Costa Mesa through the City's established fee program,
provided that the City has established a mechanism to accept a fair share
fee, to provide a southbound throughlright turn lane at the Newport
BoulevarcVle Street - Rochester Street intersection. The southbound
improvement would require right- of-way acquisition. The applicant shall not
be subject to the fair share fee if the City of Costa Mesa has not adopted a
mechanism for collecting the fair share fee prior to buildout of the project
(i.e., 350,000 square feet).
Facts in Support of the Findings: Implementation of the mitigation measure is intended to
reduce the potential traffic and circulation Impacts by increasing the capacity of the
Newport Boulevard /180 Street - Rochester Avenue intersection to accommodate future
traffic volumes projected at that intersection. This mitigation measure will reduce
potential long -term Project - related traffic impacts at the Newport Boulevard /17th Street -
Rochester Avenue intersection to a less than significant level.
The Newport Boulevarcll18r' Street - Rochester Street intersection in the City of Costa Mesa
is forecast to operate at an unacceptable level of service (i.e., LOS E) in the future (2009)
without the proposed Project; Project implementation will contribute traffic to that intersection
that will exacerbate the unacceptable intersection operating condition forecast for that
intersection. Although the City of Costa Mesa has adopted a fair share fee program to
implement circulation improvements identified in the City -wide long -range circulation
improvement program, the mitigation measure identified In MM 4.2 -2 is not Included in the
City's circulation system improvement program. Therefore, the City of Costa Mesa does not
have a mechanism for accepting the fair share fee contribution from the Project applicant
intended to pay for the Newport Boulevard /18th Street - Rochester Street improvements
recommended in MM 4.2 -2. As a result, because the implementation of MM 4.2 -2 cannot be
assured, the mitigation is considered legally infeasible, and cannot be implemented.
Therefore, the Project - related cumulative impact identified for the Newport Boulevard /4h
Street - Rochester Street intersection will remain significant and unavoidable.
3. IMPACT
Long -Term Impact: Project implementation will result in inadequate northbound left -turn
vehicle stacking capacity at the Newport Boulevard /Hospital Way intersection.
Finding: Changes or alterations have been required in, or incorporated into the Project, or
are otherwise being implemented which substantially mitigate or avoid the effects on the
environment as summarized above and described in detail in Chapter 4.0, Section 4.2 of
the EIR.
Finding: All potentially significant environmental effects have been avoided by virtue of
the measures described below. No significant, unavoidable adverse impacts will remain
after implementation of the required mitigation measures.
Hoag Health Center Project
Findings of Fact
January 17, 2008
Page 16
MM 42 -3 Prior to the issuance of any medical office tenant improvement
permits causing the site to exceed 97,000 square feet of medical
office floor area, the applicant shall post a bond, letter of credit,
or other security instrument satisfactory to the City Attorney
guaranteeing payment of the obligation and requirement of the
applicant to construct the lengthening of the northbound left -turn
lane on Newport Boulevard at Hospital Road to provide a
sufficient storage length and to address project - related impacts
at this intersection per the direction and approval of the Public
Works Department. The applicant shall reimburse the City for
all costs, expenses and fees associated in any way with these
improvements and project oversight.
Facts in Support of the Finding: Implementation of the mitigation measure is intended to
increase the capacity of the Newport Boulevard /Hospital Way intersection to
accommodate future traffic volumes projected at that intersection that would exceed the
left -turn lane capacity. This mitigation measure, which has been prescribed, will require
the lengthening of the left-turn pocket to provide sufficient vehicle storage length to
ensure this impact can be reduced to a less than significant level.
This mitigation measure will ensure that potential long -term Project- related traffic delay
impacts at the Newport Boulevard /Hospital Way intersection remain at a less than
significant level.
B. AIR QUALITY
IMPACT
Short-Term Impact: Construction activities necessary to implement the proposed Project
would be anticipated to generate fugitive dust and pollutant emissions associated with
site preparation and the use of construction equipment.
Finding: Changes or alterations have been required in, or incorporated into the Project, or
are otherwise being implemented which substantially mitigate or avoid the significant
effects on the environment as summarized above and described in detail in Chapter 4.0,
Section 4.3 of the EIR.
Finding: All significant environmental effects have been substantially lessened by virtue
of the measure described below. No significant, unavoidable adverse impacts will remain
after implementation of the required mitigation measures.
MM 4.3 -1a The dust suppression measures identified in the South Coast Air Quality
Management District (SCAQMD) CEQA Air Quality Handbook will be
implemented to supplement the measures prescribed in Rule 403 (refer
to SC 4.3 -1).
Revegetale disturbed areas as quickly as possible.
All excavating and grading operations shall be suspended when
wind speeds (as instantaneous gusts) exceed 25 mph.
All streets shall be swept once a day if visible soil materials are
carried to adjacent streets (recommend water sweepers with
reclaimed water).
Hoag Health Center Project
Findings of Fact
January 17, 2008
Page 17
Install wheel washers where vehicles enter and exit unpaved
roads onto paved roads, or wash trucks and any equipment
leaving the site each trip.
All on -site roads shall be paved as soon as feasible, watered
periodically or chemically stabilized.
The area disturbed by clearing, grading, earthmoving, or
excavation operations shall be minimized at all times.
MM 4.3-1b The Construction Contractor shall select the construction equipment
used on site based on low emission factors and high- energy efficiency.
The Constructlon Contractor shall ensure that construction grading plans
include a statement that all construction equipment will be tuned and
maintained in accordance with the manufacturer's specifications.
MM 4.3 -1c The Construction Contractor shall utilize electric or diesel powered
equipment in lieu of gasoline powered engines where feasible.
MM 4.3 -1d The Construction Contractor shall ensure that construction grading plans
include a statement that work crews will shut off equipment when not in
use. During smog season (May through October), the overall length of
the construction period will be extended, which would decrease the size
of the area prepared each day, to minimize vehicles and equipment
operating at the same time.
MM 4.3 -1 a The Construction Contractor shall time the construction activities so as to
not interfere with peak hour traffic and minimize obstruction of through
traffic lanes adjacent to the site; if necessary, a fiagger shall be retained
to maintain safety adjacent to existing roadways.
MM 4.3 -1f The Construction Contractor shall support and encourage ridesharing
and transit incentives for the construction crew.
MM 4.3 -1g Architectural coatings will be applied using high volume -low pressure
(HVLP) equipment and techniques to minimize Reactive Organic
Compounds (ROC) emissions.
Facts in Support of the Findings: Implementation of the mitigation measures, which are
intended to avoid or eliminate the construction - related emisslons that may be associated
with the proposed medical office project, will reduce potential short -term Project - related
land use impacts resulting from the construction activities to a less than significant level.
2. IMPACT
Lonq -Term Impact: Project implementation will result in pollutant emissions from both
mobile and stationary sources that would exceed the SCAQMD significance thresholds
for Carbon Monoxide (CO), ROC, Oxide of Nitrogen (NO.), and particulate matter (PM1e)
in both winter and summer months. Because there are no feasible measures that would
reduce these impacts to a less than significant level, Project - related operational pollutant
emissions would remain a significant unavoidable adverse impact.
Finding: 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 or should be, adopted by such other agency.
Hoag Health Center Project
Findings of Fact
January 17, 2008
Page 16
C. NOISE
Finding: Given the lack of available mitigation measures, Project impacts will remain
significant for CO, ROC, NO., and PM10 emissions
Facts in Support of the Findings: The vast majority of air emissions associated with the
Project are from mobile sources (vehicles). Although the proposed Project does include
elements, such as shuttle service, to reduce traffic and its associated air impacts, there are
insufficient feasible mitigation measures available to fully mitigate Project - related traffic and
its related air impacts, primarily because control of air emissions from mobile sources lies
outside the ability of the Project applicant or the City of Newport Beach to regulate. As a
result, no mitigation measures are available to reduce the potentially significant mobile -
source missions to a less than significant level. Therefore, the Project - related CO, ROC,
NO,,, and PMio emissions will be unavoidable and significant.
IMPACT
Short-Term Impact: Construction activities will result In a temporary increase in ambient
noise levels. Although not significant, the increase in noise associated with construction
activities (e.g., demolition, grading and excavation, and construction) will constitute a short-
term adverse impact to sensitive uses in the vicinity of the subject Property.
Finding: Changes or alterations have been required in, or Incorporated into the Project, or
are otherwise being implemented which substantially mitigate or avoid the effects on the
environment as summarized above and described in detail in Chapter 4.0, Section 4.4 of
the EIR.
Finding: All potentially significant environmental effects have been avoided by virtue of
the measure described below. No significant, unavoidable adverse impacts will remain
after implementation of the required mitigation measures.
MM 4.4 -1 The following measures shall be implemented during all phases of
construction.
During all Project site excavation and grading, the Project
contractors shall equip all construction equipment, fixed or
mobile, with properly operating and maintained mufflers
consistent with manufacturers' standards.
The Project contractor shall place all stationary construction
equipment so that emitted noise is directed away from sensitive
ri�. ceptors nearest the Project site (existing trailer park to the west
and apartments to the south).
The construction contractor shall locate equipment staging in
areas that will create the greatest distance between construction-
related noise sources and noise - sensitive receptors (existing
trailer park to the west and homes and condominiums to the
south) nearest the Project site during all Project construction.
Hoag Health Center Project
andings of Fact
January 17, 2008
Page 19
Fads in Support of the Findings: The City of Newport Beach's Noise Ordinance
constitutes the threshold of significance for noise impacts, and per that ordinance,
construction noise is allowed to exceed noise criteria so long as construction occurs
during specified hours. The Project is required to adhere to the noise ordinance, thus
construction noise impacts will be less than significant. Implementation of the mitigation
measure is intended to further avoid or reduce the construction- related noise impacts
associated with the proposed medical office Project.
2. IMPACT
Long -Term Impact: The new 20,586 square foot building proposed on the subject
Property along Superior Avenue is approximately 65 feet from the Superior Avenue
centerline and would be potentially exposed to traffic noise reaching 70 dBA Community
Noise Equivalent Level (CNEL).
Finding: Changes or alterations have been required in, or incorporated into the Project, or
are otherwise being implemented which substantially mitigate or avoid the significant
effects on the environment as summarized above and described in detail in Chapter 4.0.
Section 4.4 of the EIR.
Fjndina: All significant environmental effects have been substantially lessened by virtue
of the measure described above. No significant, unavoidable adverse impacts will
remain after Implementation of the required mitigation measures.
MM 4.4 -2 Prior to the issuance of the building permit, a form of mechanical
ventilation, such as an air - conditioning system, shall be implemented as
a project design feature for the medical office buildings located directly
adjacent to Newport Boulevard and Superior Avenue. This feature shall
be included in the project's architectural drawings, and shall be in
compliance with the City s Noise Ordinance.
Facts in Support of Findings: Implementation of the following mitigation measure, which
is intended to avoid or reduce the long -term noise impacts associated with the proposed
medical office Project, will reduce potential Project- related noise impacts.
With implementation of the mitigation measure, windows at the Project's buildings would
be capable of remaining closed while comfortable air conditions in the buildings are
maintained. With the windows closed, the impacts of the traffic noise on the occupants of
the Project's buildings will be less than significant as interior noise criteria will be met.
D. PUBLIC HEALTH AND SAFETY
IMPACT
Short-Term Impact: The elevated concentrations of Volatile Organic Compounds (VOCs) in
soil gas suggest the possibility of VOC- contaminated soil. Personnel involved in excavating
soils to potential health hazards may be exposed to potential health hazards if it is
determined that elevated ambient air concentrations of VOC exist.
Hoag Health Center Project
Findings of Fact
January 17, 2008
Page 20
Finding: Changes or alterations have been required in, or incorporated into the Project, or
are otherwise being implemented which substantially mitigate or avoid the significant
effects on the environment as summarized above and described in detail in Chapter 4.0,
Section 4.6 of the EIR.
Finding; All significant environmental effects have been substantially lessened by virtue
of the measures described below. No significant, unavoidable adverse impacts will
remain after implementation of the required mitigation measures.
MM 4.6 -1a Prior to and during excavation, soil shall be monitored for concentrations of
VOCs. A mitigation plan as outlined in Appendix A of SCAQMD Rule 1166
shall be submitted to the SCAQMD for review and approval prior to
excavation. Excavation may begin only after a minimum 24 -hour
notification to the SCAQMD and must proceed in accordance with the
mitigation plan and Rule 1166, which includes continuous VOC monitoring,
segregation of non -VOC contaminated stockpiles from VOC- contaminated
stockpiles, spraying water and/or approved vapor suppressants on VOC-
contaminated stockpiles, and covering VOC- contaminated stockpiles with
plastic sheeting.
MM 4.6-1b If monitoring indicates elevated concentrations of VOCs in ambient air,
additional health and safety measures may have to be implemented.
Specific measures will be identified and submitted to the RWQCB for
review and approval prior to implementation and will be designed and
implemented to ensure persons are not exposed to significant levels of
hazardous materials that would create a potential health hazard.
Facts in Support of the Findings: Implementation of the mitigation measures, which is
intended to avoid or eliminate the exposure of tenants and patients to potential health
hazards that may be associated with the proposed medical office project, will reduce
potential long -term Project- related land use impacts resulting from the medical office
project to a less than significant level. Compliance with applicable SCAQMD rules, which
require monitoring to determine if VOCs that exceed regulatory standards, will ensure
that, if necessary, specific measures will he prescribed to reduce the potential health
hazard to an acceptable level.
2. IMPACT
Long-Term Impact: Soil and groundwater contamination at the Property has resulted from
operations conducted by former site occupants (Le., Hughes Aircraft and Raytheon
Company). The primary contaminants at the Property are volatile organic compounds.
Chemical vapors resulting from VOCs in the subsurface at the Property could degrade
indoor air quality until site remediation is completed by the responsible party ( Ratheon
Company). 4.
Finding: Changes or alterations have been required in, or incorporated into the Project, or
are otherwise being implemented which substantially mitigate or avoid the significant
effects on the environment as summarized above and described in detail in Chapter 4.0,
Section 4.6 of the EIR.
Finding: All significant environmental effects have been substantially lessened by virtue
of the measure described above. No significant, unavoidable adverse impacts will
remain after implementation of the required mitigation measures.
Hoag Health Center Project
Findings of Fact
January 17, 2008
Page 21
MM 4.6 -2 Prior to issuance of the certificate of occupancy, the applicant shall
prepare and submit a corrective action plan to implement measures to
control potential vapor intrusion into Building 510 and other buildings
proposed for occupancy, if determined necessary. The corrective action
plan shall include a timetable to implement the corrective measures as
well as a timetable to conduct additional indoor sampling.
Facts in Support of the Findings: Implementation of the prescribed mitigation measure,
which is intended to avoid or eliminate the exposure of future tenants and patients to
potential health hazards that may be associated with the proposed medical office project,
will reduce potential long -term Project - related land use impacts resulting from the
facility's operations to a less than significant level. If determined necessary, the
corrective action plan will identify specific measures to control vapor intrusion into the
buildings to acceptable levels prescribed by the regulatory agencies.
3. IMPACT
Lonq -Term Impact Methane concentrations detected in the northwest portion of the
Property exceed the lower explosive level (LEL) for methane. Concentrations that
exceed the LEL could result in potential safety impacts to future site development.
Finding: Changes or alterations have been required in, or incorporated into the Project, or
are otherwise being implemented which substantially mitigate or avoid the significant
effects on the environment as summarized above and described in detail in Chapter 4.0,
Section 4.6 of the EIR.
Finding: All significant environmental effects have been substantially lessened by virtue
of the measure described above. No significant, unavoidable adverse impacts will
remain after implementation of the required mitigation measures.
MM 4.6-3 During excavation on the northeastern boundary of the site, soil shall be
monitored for concentrations of methane. A methane mitigation plan
shall be submitted to the Regional Water Quality Control Board
(RWQCB) for review and approval prior to excavation. Excavation may
begin only after approval of the methane mitigation plan. If monitoring
Indicates elevated concentrations of methane in ambient air, additional
health and safety measures may be required as delineated in the
methane mitigation plan.
Facts in Support of the Findinos: Implementation of the following mitigation measure,
which is intended to avoid or eliminate potential methane gas migration and related
effects though the preparation of a methane gas plan. If determined necessary, the
methane gas plan would identify specific measures to be implemented to ensure that
concentrations of methane do not exceed allowable levels. Therefore, potential effects
on future tenants of the medical office would be reduced to a less than significant level.
Hoag Health Center Project
Findings of Fact
January 17, 2008
Page 22
6. FINDINGS REGARDING ALTERNATIVES
The Final EIR identified four alternatives as follows:
No Project
No Development/Existing Amended Use Permit
Reduce Intensity Development
Non - Medical Office Alternative
The City's findings and facts in support of findings with respect to each of the alternatives considered are
provided below:
No Project Alternative
Description: The implementation of this alternative would be extended over a longer period of
time, compared to the proposed Project. The long -term buildout of this alternative is based on the
assumption that the applicant is not proposing the Project at the present time; however, the Property
would ultimately be converted entirely to medical office floor area, and the 20,586 square feet of floor
area would also be constructed to achieve the maximum permitted floor area of 350,000 square feet, over
a longer period of time than proposed by the Project applicant.
Environmental Effects: All of the impacts identified in Chapter 4.0 (Environmental Analysis) of the
Draft EIR would occur as a result of implementing the "No Project' Alternative. Specifically, the Project
would result in the same increases in traffic, which could affect the same intersections identified in the
analysis; however, depending on when the conversion of floor area occurs, coupled with the potential
future development in the area (including regional growth), potential Project - related traffic impacts could
be more significant, if the Project - related trips, when added to the baseline conditions, exceed the desired
acceptable levels of service established by the cities in which the intersections are located.
Ability to Achieve Project Objectives: The No Project Alternative would ultimately achieve all of
the Project objectives desired by the Project applicant; however, many of the objectives would be
deferred until conversion of the Property occurs on a timellne other than that currently proposed.
Finding: The Planning Commission finds, pursuant to Public Resources Code Section
21081(a)(3), that specific legal, economic, social, technical or other considerations make the No Project
alternative identified in the DER and FEIR infeasible.
Facts in Support of the Finding: Implementation of the No Project alternative would result in the
deferral of converting the existing professional office and research and development floor area to medical
office floor area, as well as the construction of the additional 20,586 square feet of floor area to some
future time. However, because the Property owner, Newport Beach Healthcare Center, LLC, is affiliated
with Hoag Hospital, which currently is experiencing a significant need for medical office space and related
medical facilities to accommodate physicians, medical staff and critical /special care facilities needed to
serve the growing demands both in the City of Newport Beach and in the County of Orange. Deferral of
the proposed Project would exacerbate the current shortage of medical office space, which could result in
a significant impact on the quality of medical services provided by Hoag Hospital and within the area in
general.
2. No Development/Existing Amended Use Permit
DescrIPtion: The No Development Alternative allows for developmentjredevelopment of the Property in
accordance with Use Permit 2006 -010, which was approved by the City of Newport Beach in December
2006. Implementation of this alternative will result in a reduction in the overall building area with the
Hoag Health Center Project
Findings of Fact
January 17, 2008
Page 23
demolition of one of the existing buildings located at 530 Superior Avenue (the "Existing Building ").
Demoldion of the 86,079 square foot Existing Building would leave a total gross floor area of 329,414
square feet on the Project site, including 97,000 square feet of medical office use. The remaining floor
area would be divided into general office totaling 136,000 square feet and research and development
totaling 96,414 square feet. This alternative Is consistent with the maximum permitted floor area ratio
applicable to the Project site. Implementation of the proposed project will result in the elimination of 44
surface parking spaces. With the construction of the 697 -space parking garage, the Property will
accommodate a total of 1,985 parking spaces (49 percent increase), which exceeds the City's adopted
parking requirements for these types of uses.
Environmental Effects: This potential impacts associated with this alternative were evaluated in
an initial study in 2006. A Mitigated Negative Declaration (MND) was approved by the City of Newport
Beach in December 2006.
Abilitv to Achieve Project Objectives: Although some of the Project objectives would be achieved,
implementation of this alternative would not achieve several important objectives, Including the provision
of 350,000 square feet of medical office floor area. However, this alternative would not permit the
expansion of medical office floor area on the Property beyond that already approved by the City.
Therefore, objectives such as proving the highest quality health available, support of Hoag Hospital level
of care, and providing much needs office space for physicians would be limited by the amount of medical
office floor area approved by the City with Use Permit 2006-010.
Finding: The Planning Commission finds, pursuant to Public Resources Section 21081(a)(3), that
specific legal, economic, social, technical or other considerations make the No DevelopmenUExisting Use
Permit alternative identified in the DEIR and FOR infeasible.
Facts in SUpport of the Finding: The No Development Alternative was approved by the City of
Newport Beach in December 2006. Implementation of this alternative allows for the conversion of 97,000
square feet of existing floor area to medical office uses; the remainder would remain as professional
office and R &D floor area, which could not accommodate medical office uses. Although the addition of
97,000 square feet of medical office floor area would accommodate some of the floor area that would
serve the demands created by Hoag Hospital and within the area generally, it is inadequate to fill the
existing and anticipated demands identified by the Project applicant intended to improve both the level
and type of medical care envisioned for the Property. The Project site is designated Medical Commercial
Office, which is intended to meet the growing demand for medical- related services in the City. The
majority of the remaining floor area existing on the Property would be non - medical in nature and would be
inconsistent with the long -range uses envisioned by the Newport Beach General Plan.
3. Reduced Intensity Development
Description: The Reduced Intensity Alternative would result in the conversion of the remaining
non - medical office floor area to medical office; however, this alternative does not include the additional
floor area proposed by the Project applicant (i.e., 20,586 square feet). This alternative would allow for a
total of 329,414 square feet of medical office floor area on the 13.7 -acre Property.
Environmental Effects: This alternative would result in similar impacts as those identified by the
proposed Project, although there would be a small reduction in vehicular trips. The reduction would not
reduce any of the potential traffic impacts identified for the proposed Project. The reduction in vehicle
trips associated with this alternative would have the effect of reducing air emissions and long -term noise
increases; however, none of the reductions would eliminate a significant impact. No impacts to land use
would occur and the impacts associated with public health and safety and utilities would be virtually the
same as for the proposed Project.
Hoag Health Center Project
Findings of Fact
January 17, 2008
Page 24
Abllitv to Achieve Protect Objectives: With the exception of maximizing the developable area by
providing 350,000 square feet of medical office floor area as allowed by the General Plan, the Reduced
Intensity altemative would achieve all of the Project objectives. This alternative would allow for a significant
increase in medical office space that would facilitate higher quality health care facilities, support Hoag
Hospital's level of care, and increase the amount of office space in proximity to the hospital.
Finding: The Planning Commission finds, pursuant to Public Resources Section 21081(a)(3), that
speck legal, economic, social, technical or other considerations make the Reduced Intensity alternative
identified in the DEIR and FEIR infeasible.
Facts In Support of the Findings: Although this alternative would reduce the potential traffic and,
consequently air pollutant emissions and mobile- source noise as a result of the reduction in floor area
(i.e., 20,586 square feet), none of the reductions in the potential impacts would reduce the significant air
quality and traffic impacts to a less than significant level. Implementation of this alternative would result in
significant unavoidable adverse impacts similar to those associated with the proposed Project. In
addition, while this alternative would be consistent with the long -range plan adopted by the City of
Newport Beach, it would not maximize the medical office floor area permitted by the Newport Beach
General Plan and, further, it would not meet all of the Project objectives that include the provision of
350,000 square feet of medical office floor area to meet the growing demand for health care services and
potentially compromise the ability of the applicant to provide the highest quality health care available.
4. Non - Medical Office Alternative
Description: This alternative encompasses a total of 329,414 square feet of office floor area,
including the 97,000 square feet of approved medical office floor area (Use Permit 2006 -010); however,
the remaining 232,414 square feet of floor area would be dedicated to general office uses.
Environmental Effects: This alternative is considered to be environmentally superior when
compared to the proposed Project. The small increase in vehicular traffic (compared with the proposed
Project) would eliminate the potentially significant unavoidable adverse traffic; however, it would not
reduce the air quality impacts associated with the this alternative to a less than significant level, which
would also necessitate the requirement to adopt a Statement of Overriding Considerations.
Ability to Achieve Protect Obtectives: The Non - Medical Office alternative will not achieve any of the
Project objectives, including providing a maximum of 350,000 square feet of floor area permitted by the
General Plan.
Finding: The Planning Commission finds, pursuant to Public Resources Section 21081(a)(3), that
specific legal, economic, social, technical or other considerations make the Non - Medical Office alternative
identified in the DEIR and FEIR infeasible.
Facts in Support of the Findinas: The non - medical office alternative would be similar to the No
Development project alternative, although the existing R &D floor area would be converted to general
office floor area. Therefore, potential impacts would also be similar to the No Development alternative,
which would reduce the significant traffic impacts, but would result in potentially significant mobile- source
air quality impacts, necessitating the adoption of a statement of overriding considerations. Like the
proposed Project, no feasible mitigation measures are available to avoid or reduce the significant impacts
associated with this or other alternatives except the No Development (i.e., Existing Amended Use Permit)
alternative. Further, because this alternative would not include any additional medical office floor area
beyond that approved in December 2006 by Use Permit 2006 -010, none of the Project's objectives would
be achieved.
Hoag Health Center Project
Findings of Fact
January 17, 2008
Page 25
GENERAL FINDINGS
1. The plans for the Project have been prepared and analyzed so as to provide for public
involvement in the planning and CEQA processes.
2. The degree that any impacts described in the EIR are perceived to have a significant
effect on the environment, or such impacts appear ambiguous as to their effect on the
environment, any significant effect of such impacts has been substantially lessened or
avoided by the standard conditions and mitigation measures set forth in the Final EIR.
3. Comments regarding the Draft EIR received during the public review period have been
adequately addressed in written Responses to Comments attached to the Final EIR as
Appendix G. Any significant effects described in such comments were avoided or
substantially lessened by the standard conditions and mitigation measures described in
the Draft EIR.
4. The analysis contained in the Draft EIR of the environmental effects and mitigation
measures represent the independent judgment and analysis of the City Newport Beach.
Haag Health Center Protect
Findings of Fact
January 17, 2008
Page 26
EXHIBIT B
STATEMENT OF OVERRIDING CONSIDERATIONS
HOAG HEALTH CENTER
A. Introduction
The City of Newport Beach is the Lead Agency under CEQA for preparation, review and certification of
the Final EIR for the project. As the Lead Agency, the City of Newport Beach is also responsible for
determining the potential environmental impacts of the proposed action and which of those impacts are
significant, and which can be mitigated through imposition of mitigation measures to avoid or minimize
those impacts to a level of less than significant. CEQA then requires the Lead Agency to balance the
benefits of a proposed action against its significant unavoidable adverse environmental impacts In
determining whether or not to approve the proposed project. In making this determination the City is
guided by CEQA Guidelines Section 15093 which provides as follows:
CEQA requires the decision - making agency to balance, as applicable, the economic,
legal, social, technological, or other benefits of a proposed project against its unavoidable
environmental risks when determining whether to approve the project. If the speck
economic, legal, social, technological, or other benefits of a proposal (sic) project
outweigh the unavoidable adverse environmental effects, the adverse environmental
effects may be considered 'acceptable."
2. When the lead agency approves a project which will result in the occurrence of significant
effects which are identified in the final EIR but are not avoided or substantially lessened,
the agency shall state in writing the specific reasons to support its action based on the
final EIR and/or other information in the record. The statement of overriding
considerations shall be supported by substantial evidence in the record.
If an agency makes a statement of overriding considerations, the statement should be
included in the record of the project approval and should be mentioned in the notice of
determination. This statement does not substitute for, and shall be in addition to, findings
required pursuant to Section 15091.
In addition, Public Resources Code Section 21081(b) requires that where a public agency finds that
specific economic, legal, social, technological, or other considerations, including considerations for the
provision of employment opportunities for highly trained workers, make infeasible the mitigation measures
or alternatives identified in an EIR and thereby leave significant unavoidable effects, the public agency
must also find that overriding economic, legal, social, technological, or other benefits of the project
outweigh the significant effects of the project.
Pursuant to Public Resources Code Section 21081(b) and the State CEQA Guidelines Section 15093, the
City of Newport Beach has balanced the benefits of the proposed Project against the following
unavoidable adverse impacts associated with the proposed Project and has adopted all feasible
mitigation measures with respect to these impacts. The City of Newport Beach also has examined
alternatives to the proposed Project, none of which both meet the Project objectives and is
environmentally preferable to the proposed Project for the reasons discussed in the Findings and Facts in
Support of Findings.
Hoag Health Center Project
Appendix B — Statement of Overriding Consideralions
January 17, 2007
Page 4
The Newport Beach Planning Commission, acting as Lead Agency, and having reviewed the Final EIR for
the Hoag Health Center Project, and reviewed all written materials within the City's public record and
heard all oral testimony presented at public hearings, adopts this Statement of Overriding Considerations,
which has balanced the benefits of the project against its significant unavoidable adverse environmental
impacts in reaching its decision to approve the project.
B. Significant Unavoidable Adverse Environmental Impacts
Although most potential Project Impacts have been substantially avoided or mitigated, as described in the
Findings and Facts in Support of Findings, there remain some project impacts for which complete
mitigation is not feasible. For some impacts, mitigation measures were identified and adopted by the
Lead Agency, however, even with implementation of the measures, the Clty finds that the impact cannot
be reduced to a level of less than significant. For other impacts, no feasible mitigation measures were
Identified and no feasible alternatives were identified that would avoid or minimize these impacts. The
impacts are described below and were also addressed in the Findings.
The Final EIR identified the following unavoidable adverse impacts of the proposed Project:
Traffic and Circulation
Impact 4.2.2 Project implementation will result in significant cumulative impacts to the Newport
Boulevard"18`" Street-Rochester Street intersection, which is forecast to operate at
LOS E (ICU 0.941) during the p.m. peak hour with the addition of project - related
traffic.
The Newport Boulevardlle Street - Rochester Street intersection relevant to Impact 4.2 -2 would have
operated at LOS E in the future with or without the proposed project traffic, and that traffic from the proposed
project will add incrementally to the deficiency at this intersection. Proposed mitigation for Impact 4.2 -2
consists of payment by the project applicant to the City of Costa Mesa a fair share fee to construct physical
improvements to the intersection to alleviate the deficiency. However, because the City of Costa Mesa has
not yet established a mechanism to accept fair share fees for the necessary improvements, the proposed
mitigation is considered legally infeasible per CEQA Guidelines Section 15126.4. Nonetheless, fair share
fees are a requirement of the applicant to be paid prior to the issuance of a medical office tenant
improvement permit which would cause the site to exceed 285,000 square feet of medical office floor area,
provided that the City of Costa Mesa, through the City of Costa Mesa's established fee program, has
established a mechanism to accept a fair share fee, to provide a southbound through /right turn lane. This
statement of overriding considerations would relieve Hoag of paying the fair share fee if the City of Costa
Mesa does not have an established fee program with a mechanism for accepting a fair share fee prior to a
certificate of occupancy being issued for medical office tenant improvements in the amount of 350,000
square feet.
2. Air Quality
Impact 4.3 -2 Project implementation will result in pollutant emissions from both mobile and
stationary sources that would exceed the SCAQMD significance thresholds for CO,
ROC, NO,, and PM1e in both winter and summer months. Because there are no
feasible measures that would reduce these impacts to a less than significant level,
project- related operational pollutant emissions would remain a significant
unavoidable adverse Impact.
Hoag Health Center Project
Appendix a— Statement of Overriding Considerations
January 17, 2007
Page 2
With regard to Impact 4.32, significant impacts will result from the proposed project largely due to the
increase in traffic triggered by the proposed project. Although the proposed project does include elements,
such as shuttle service, to reduce traffic and its associated air impacts, there are insufficient feasible
mitigation measures available to fully mitigate projechrelated traffic and its related air impacts, primarily
because control of air emissions from mobile sources lies outside the ability of the project applicant or the
City of Newport Beach to regulate.
C. Public Benefits
The City of Newport Beach, in balancing the specific economic, legal, social, technological, and other
benefits of the proposed Hoag Health Center Project, has determined that the unavoidable adverse
environmental impacts identified above are considered acceptable due to the following speck
considerations that outweigh the unavoidable, adverse environmental impacts of the proposed Project.
1. Implementation of the Hoag Health Center Project will accommodate the growing
demand for outpatient care in the City of Newport Beach and County of Orange, including
the provision of imaging, urgent care, rehabilitation, and health care education programs
that are currently adequate to serve the growing population.
2. The Hoag Health Center will provide much needed medical office space that is
conveniently located and necessary to accommodate primary care and specialty
physicians. The medical office space will enable these physicians to practice at Hoag
Hospital, which has limited space to accommodate them.
3. A diabetes center will be located within Hoag Health Center, which will provide
specialty that currently does not currently exist in Newport Beach or in the area.
4. The Hoag Health Center will include a pediatric section, which will be linked to Children's
Hospital of Orange County (CHOC). This center will facilitate much needed pediatric
service not only in Newport Beach but also in Orange County,
The Newport Beach Planning Commission hereby finds that all feasible mitigation measures identified in
the Final EIR have been and will be implemented with the Project, and that any significant unavoidable
effects remaining are acceptable due to the above stated specific economic, social and other
considerations, based upon the facts set forth above, in the Final EIR and in the public record of the
consideration of this Project.
Hoag Health Center Project
Appendix B — Statement of Overriding Considerations
January 17, 2007
Page 3
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