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HomeMy WebLinkAbout11039 - General Plan Amendment 80-3RESOLUTION NO. 11039 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH CERTIFYING AS COMPLETE THE FINAL ENVIRONMENTAL IMPACT REPORT AND APPROVING AMENDMENTS TO THE LAND USE, RESIDENTIAL GROWTH AND • RECREATION AND OPEN SPACE ELEMENTS AND MAPS OF THE NEWPORT BEACH GENERAL PLAN (GENERAL PLAN AMENDMENT NO. 80 -3 - NEWPORT CENTER) WHEREAS, Section 707 of the Charter of the City of Newport Beach provides that the City Council, upon recommendation of the Planning Commission, may amend the General Plan or any part or element or map thereof; and WHEREAS, the General Plan of the City of Newport Beach contains among other elements, the Land Use, Residential Growth and Recreation and Open Space elements and maps which will serve as a guide for the future planning and development of the City; and WHEREAS, the Planning Commission has held a public hearing at which it considered a;i amendment to the Land Use, Residential Growth and Recreation and Open Space elements and maps and adopted Resolution No. 1068, recommending to the City Council certain changes and amendments in said elements and maps; and WHEREAS, the City of Newport Beach has prepared a final environmental impact report (EIR) and the City Council, by this Resolution, certifies that the final EIR has been prepared and completed in compliance with CEQA and the State EIR guidelines; and WHEREAS, the City Council has reviewed and considered the certified final EIR in making its decision on the proposed • amendments to the Newport Beach General Plan; and WHEREAS, the City Council by this Resolution adopts the Statement of Facts and Statement of Overriding Considerations as required by Sections 15088 and 15089 of the State EIR guidelines; and WHEREAS, the City Council desires to adopt certain amendments to the Land Use, Residential Growth and Recreation and Open Space elements and maps of the Newport Beach General Plan, • as set forth below, NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Newport Beach as follows: 1. The City Council makes the findings contained in the Statement of Facts with respect to significant impacts identified in the Final EIR together with the finding that each fact in support of the findings is true and is based upon substantial evidence in the record, including the Final EIR. The Statement of Facts is attached hereto and incorporated herein by this reference. 2. The City Council finds that the facts set forth in the Statement of Overriding Considerations are true and are supported by substantial evidence in the record, including the Final EIR. The Statement of Overriding Considerations is attached hereto and incorporated herein by this reference. 3. The City Council finds that the Final EIR has identified all significant environmental effects of the project and that there are no known potential environmental impacts not addressed in the Final EIR. 4. The City Council finds that all significant effects of the project are set forth in the Statement of Facts. 5. The City Council finds that although the. Final EIR identifies certain significant environmental effects that will result if the project is approved, all significant effects that can feasibly be mitigated or avoided have been avoided or • mitigated by the imposition of conditions on the approved General Plan amendment and the imposition of mitigation measures as set forth in the Mitigation Measures attached hereto and incorporated herein by this reference. 6. The City Council finds that potential mitigation measures or project alternatives, not incorporated into the 2 project were rejected as infeasible, based upon specific economic, social and other considerations as set forth in the Statement of Facts and the Final EIR. • 7. The City Council finds that the unavoidable significant impacts of the project, as identified in the Statement of Facts, that have not. been reduced to a level of insignificance have been substantially reduced in their impacts by the imposition of conditions on the approved General Plan Amendment and the imposition of mitigation measures. In making its decision on the project, the City Council has given greater weight to the adverse environmental impacts. The City Council finds that the remaining unavoidable significant impacts are clearly outweighed by the economic, social and other benefits of the project, as set forth in the Statement of Overriding Considerations. 8. The City Council finds that the Final EIR has described all reasonable alternatives to the project that could feasibly obtain the basic objectives of the project, even when these alternatives might impede the attainment of project objectives and might be more costly. Further, the City Council finds that a good faith effort was made to incorporate alternatives in the preparation of the Draft EIR and all reasonable alternatives were considered in the review process of the Final EIR and ultimate decisions on the project. 9. The City Council finds that the project should be approved and that any alternative to this proposed action should not be approved for the project based on the information contained in the Final EIR, the data contained in the Statement • of Facts and for the reasons stated in the public record and those contained in the Statement of Overriding Considerations. 10. The City Council finds that a good faith effort has been made to seek out and incorporate all points of view in the preparation of the Draft and Final EIR as indicated in the public record on the project, including the Final EIR. 3 11. The City Council finds that during the public hearing process on General Plan Amendment 80 -3, the Planning Commission and the environmental documents evaluated a range of • alternative land uses and intensities and the project, as approved by this Resolution, is included within that range of alternatives. Therefore, the City Council finds that it is not necessary to refer the General Plan Amendment to the Planning Commission for report and recommendation. The City Council has considered the recommendation of the Planning Commission in its decision on the project. 12. The City Council finds and determines that the Final Environmental Impact Report consists of the following documents: a) Volume I - Draft EIR b) Volume II - Technical Appendices c) Volume III - Comments and Responses d) Volume IV - Minutes and Staff Reports e) Volume V - Material Submitted by Applicant f) City Council Minutes g) City Council Staff Reports (with attachments) h) Comments and responses received by City Council related to the project not contained in "a" through "g" above and received prior to final action on this project. i) Summary Report - Responses to comments /etc., a portion of attachment No. 1 to the Draft EIR - March 13, 1981 All of the above information has been and will be on file with the Planning Department, City of Newport Beach, City Hall, 3300 West Newport Blvd., Newport Beach, Ca. 92663, (714) 640 -2197. • BE IT FURTHER RESOLVED by -the City Council of the City of Newport Beach that the Land Use, Residential Growth and Recreation and Open Space elements and maps are hereby amended, establishing the following phasing schedule, mitigation measures, policies and limits on future development for the following specific sites in Newport Center: 4 1. AVOCADO /MacARTHUR A. Allow the construction of 100,000 sq. ft. of office • space. B. Allow the construction of the Orange County Transit District transit facility. C. Conditions for allowed construction are as follows: 1. Existing views will be preserved by applying the provisions of the Civic Center height plane across the site. 2. The OCTD facility will be located in the approximate vicinity of San Nicholas Drive extended. 3. All utilities shall be undergrounded in conjunction with circulation system improvements. 4. There shall be no internally illuminated signs facing MacArthur Boulevard. 5. That all attached mitigation measures relating to this site shall apply. 2. NEWPORT VILLAGE A. Allow the construction of 20,000 sq. ft. of commercial for restaurant use. B. Allow 208,750 sq. ft. of office space. C. Conditions for allowed construction are as follows: 1. Existing views will be preserved by applying the provisions of the Civic Center height plane across the site. 2. Crown Drive will not be extended across MacArthur Boulevard. 3. Harbor View Drive shall not be extended across MacArthur Boulevard. 4. All utilities shall be undergrounded in conjunction with circulation system improvements. 5. There shall be no internally illuminated signs facing MacArthur 'Boulevard. 6. All commercial development shall be subject to • a use permit. 7. All attached mitigation measures relating to this site shall apply. 3. CORPORATE PLAZA WEST A. Allow the construction of 123,400 sq. ft. of office space. B. Conditions for allowed construction are as follows: A 1. Existing views will be preserved by applying the provisions of the Civic Center height plane across the site. 2. All attached mitigation measures relating to this site shall apply. 4. PCH FRONTAGE A. Allow construction of 57 residential units. B. Conditions for allowed construction are as follows: 1. Existing views will be preserved by applying the provisions of the height plane across the site. 2. All attached mitigation measures relating to this site shall apply. S. PCH /JAMBOREE A. Allow the construction of 80,000 sq. ft. of office space. B. Conditions for allowed construction are as follows: 1. Existing views will be preserved by applying the provisions of the height plane across the site. 2. All attached mitigation measures relating to this site shall apply. 6. BLOCK 900 A. Allow the construction of 10,000 sq. ft. of office space. B. Allow the construction of 165 hotel rooms with attendant meeting rooms, lounges and mechanical areas. C. Conditions for allowed construction are as follows: 1. Marriott Hotel will contribute a negotiated sum of money approved by the City Council towards the construction of circulation system improvements. 2. There shall be no restriction on meeting room capacity. 3. All attached mitigation measures relating to this site shall apply. 7. BLOCK 600 A. Allow the construction, of 225,000 sq. ft. of office space. B. Allow the construction of 225,000 sq. ft. of residential use. C. Allow the construction of a 300 -room hotel plus 100 residential units to be constructed in conjunction with the hotel. • D. Conditions for allowed construction are as follows: All attached mitigation measures relating to this site shall apply. 8. GENERAL A. The adoption of General Plan Amendment 80 -3 is without prejudice to the approval or disapproval of an 80,000 sq. ft. medical office building in Block 400, which is under process in General Plan Amendment 81 -2. B. Commercial development intensities may be transferred from one site to another, subject to Planning Commission and City Council approval and adequate environmental_ documentation. C. 1145 "floating" residential transfer units shall be permitted with no specific location identified, provided that specific: location receives review and approval of the City Council. D. Each environmental document for future development in Newport Center shall evaluate the potential for an urban storm water runoff facility, such as a "holding lake" to intercept runoff. E. The increased City revenues generated by development pursuant to 80 -3 shall be considered by the City Council for placement each year into an airport growth control. fund. F. The City shall establish a fund and equitable building assessment consistent with that which was done for the Jamboree noise wall to be used for sound walls along PCH to shield Irvine Terrace from noise. The assessment: of funds for the erection of a sound wall along PCH to shield Irvine Terrace from noise shall be based upon an estimate of the total remaining major development in the City easterly of the Upper Bay that will impact Pacific Coast Highway, the traffic estimated to be generated therefrom, the percentage of traffic which will impact Coast Highway, and then proportioning the percent of the total anticipated trips generated by each development to the total estimate of the cost of construction of the sound wall. A formula for determining and implementing such assessments shall be prepared by the City staff and approved by the City Council. G. Future development (except Marriott) will be required to pass the City's Traffic Phasing Ordinance (M.C. 15.40). H. The City Attorney will prepare for Council review the enabling legislation necessary for the City to enter into development agreements. It is the 7 intention of the Council to formalize in a development agreement the obligations, conditions and elements outlined in 80 -3. I. The Irvine Company agrees that John Wayne Airport • is not the place to serve a significant portion of the air traffic demand of Orange County and will advocate only limited improvement to the airport terminal to alleviate the current overcrowding and lack of adequate service facilities pending review of alternate airport sites and financing mechanisms. Because alternatives to John Wayne Airport must be found, The Irvine Company strongly commits itself to support actively the location selection and development of a regional airport site as a means of mitigating increases in air and surface traffic in the greater Newport Beach area. 9. PHASING A. 225,000 sq. ft. of office, and 300 -room hotel plus 100 residential units (Block 600) and 165 additional hotel rooms in the Marriott Hotel (Block 900) are permitted in Phase I. B. Circulation improvements and conditions of Phase I development are: 1. Implement transportation management plan prior to issuance of building permits for any Phase I development. 2. The "committed" roadway and intersection improvements consisting of Irvine Ave. /University Drive; Bristol North /Campus; Bristol South /Campus; Birch /Bristol North; Campus /MacArthur; Campus /Jamboree; Jamboree /MacArthur; Bristol North /Jamboree; Jamboree/ Bison; Jamboree /Ford; Jamboree /San Joaquin Hills Road; Jamboree /Santa Barbara; Jamboree /Coast Highway; Jamboree /Backbay to Santa Barbara; Jamboree /Ford to Bison; Jamboree north of Bison; Avocado from Coast Highway to San Miguel; San Miguel from Avocado to San Joaquin Hills; MacArthur from Ford to Bison; MacArthur north of Bison; Ford /Jamboree to MacArthur; Bison /Jamboree to MacArthur; East Bluff /Jamboree to MacArthur; Bison /Jamboree; Bison /MacArthur; Eastbluff(N) /Jamboree and Eastbluff(N) /MacArthur Blvd. shall be completed, prior to occupancy of any Phase I development. 3. The following additional road improvements shall be required prior to occupancy: Back Bay Drive between PCH and Jamboree $ 400,000 Construct Avocado /MacArthur couplet 2,600,000 • Construct third lane /west side Jamboree 1,000,000 Road from Coast Highway to San Joaquin Hills Road Offer of dedication of The Irvine Company's interest in right -of -way for PCH from Bayside to MacArthur ($2.4M) -0- Total $4,000,000* Construction shall be commenced on the following roads prior to the issuance of building permits; for the construction of the office building in Phase 1, Block 600: Pelican Hill Road from Pacific Coast Highway to Bonita Canyon Road; Bonita Canyon Road widened from Pelican Hill Road to MacArthur Blvd.; San Joaquin Hills Road extending from its terminus to Pelican Hill Road ($19.4 million estimated cost). Commencement of construction shall mean award of a contract which includes the roadway grading, roadway drainage, and at least two lanes of paving to arterial highway geometric standards with adequate passing lanes. If construction of Pelican Hill Road from Pacific Coast Highway to Bonita Canyon Road, widening of Bonita Canyon Road from Pelican Hill Road to MacArthur Boulevard, and extension of San Joaquin Hills Road from its terminus to Pelican Hill Road has not commenced prior to the time a building permit is requested for the 225,000 sq. ft. office building in Block 600, issuance of the building permit shall be reviewed by the City Council and the building permit shall not be issued if the City Council finds that: (1) TIC has not used its best efforts to obtain necessary approvals for commencement of construction of the improvements; and (2) Taking into account the effects of the Transportation Management Plan, occupancy of the office building will cause or make worse an unsatisfactory level of service on Pacific Coast Highway through Corona del Mar under the standards of Newport Beach Municipal Code Section 15.40 (Traffic Phasing Ordinance). C. Phase II development shall permit all other development allowed within 80 -3 with the following conditions: • 1. Prior to the issuance of building permits a 20% reduction shall be achieved in peak hour traffic from projected EIR traffic numbers. 2. Prior to the ing permits, be completed Road, Bonita San Joaquin described in issuance of build- $16,400,000 construction shall 3,000,000 on Pelican Hill 19,400,000* Canyon Road, and Sills Road as No. 9.B.4. 3. The following additional roadway improvements shall be required prior to occupancy: Add west bound through lane on PCH between bridge and Bayside $ 200,000 Add southbound left -turn lane on Jamboree Road at Ford $ 100,000 Construct third gravel lane both directions, on MacArthur Blvd. from couplet to Ford Road $ 3,000,000 Construct third gravel lane on MacArthur from Ford Road to University Drive (east side, does not include curbs, gutters, sidewalks). $ 800,000 $ 4,100,000* $27,500,000* * Cost figures are estimates only. It is expressly understood that The Irvine Company is obligated to construct the listed improvements irrespective of ultimate cost. ADOPTED this 31 day of August 1981. ATTEST: � • City Clerk HRC /pr 8/31/81 10 • MITIGATION MEASURES The following mitigation measures are adopted in conjunction with General Plan Amendment 80 -3. The page numbers in paranthesis refer to the Draft EIR. 1. (Page 22) Onsite culverts will be analyzed during the design phase and any necessary.improvements will be installed. 2. .(Page 22) To avoid impacts on the Sea Island storm drain system, a drainage study will be prepared for the Pacific Coast Highway /Jamboree Road site during the design phase. The study will define appropriate drainage controls and examine potential groundwater problems and necessary mitigations. 3. (Page 22) The applicant will maintain all on and off -site desilting basins serving development within Newport Center. 4. (Page 35) To reduce aesthetic impacts, the City will require "Site Plan Review" prior to development of sites zoned C-0-H. 5. (Page 35) Newport Village, Corporate Plaza West and Pacific Coast Highway /Jamboree shall be subject to an extension of the Civic Center Height Plane restrictions. 6. (Page 41) To reduce. land use impacts, the city will require "Site Plan Review" prior to the development of sites in Newport Center zoned C -O. 7. (Page 68) Traffic Management Plan - (See Resolution). 8. Phasing of Development - (See Resolution). 9. (Page 69) The applicant shall work with the City to provide for a complete system of pedestrian and bicycle trails for all of Newport Center. 10. (Page 10) The City shall consider the establishment of a fund for sound walls along Pacific Coast Highway to shield nearby areas from noise. 11. (Page 100)To reduce fugitive dust associated with construction, grading will be performed in spring when soil moisture is highest, speeds on unpaved surfaces will be limited to 25 mph, and paving will. be completed as soon as heavy equipment is finished driving across the construction site. 13 12. (Page 100)To reduce motor vehicle emissions the following measures will be taken: a. Safe bicycle and pedestrian facilities will be provided. b. Ride - sharing will be encouraged. c. Shuttle service from the airport to hotel facilities is being provided. d. Provide for modified work schedules to shift traffic to non -peak hours. e. Provide preferential parking for carpools /vanpools. f. Provide free bus passes or company - owned vans to subsidize mass transit or carpooling. g. Maintain synchronized and /or demand - responsive signals and adequate roadway capacity. 13. (Page 101) To reduce impacts associated with energy consumption the following measures will. be taken: a. Energy - conserving lighting will be used in parking lots and streets; decorative or non - functional lighting will be minimized. b. Energy conservation standards in addition to Title 24 will be applied. c. Natural heating and cooling mechanisms will be utilized, minimizing the use of typical energy intensive artificial interior environments. 14. (Page 102) To reduce energy consumption by motor vehicles, high- occupancy vehicles and alternate transportation methods shall be encouraged. 15. (Page 103) Active and passive solar energy system will be utilized. 16. (Page 103) Energy conservation experts will be consulted to develop energy conservation measures beyond Title 24 requirements. 17. (Page 103) Use of natural heating and cooling will be maximized. 18. (Page 103) Energy use for decoration, advertising, or other non - productive uses will. be minimized. 7! 13 ! C. (Page 18) The grading permit shall include, if required, a description of haul routes,.access points to the site, and a watering and sweeping program designed to minimize impacts of haul operation. D. (Page 19) An erosion, siltation, and dust control plan shall be prepared by a Civil Engineer and based on recommendations of a soil engineer and an engineering geologist subsequent to the completion of a comprehensive soil and geologic investigation of the site. Permanent reproducible copies of the "Approved as Built" grading plans on standard size sheet shall be furnished to the Building Department. H. (Page 22) The velocity of concentrated runoff from the project shall be evaluated and erosive velocities controlled as part of the project design. L. (Page 24) All parking and other onsite paved surfaces shall be routinely vacuum -swept and cleaned to reduce debris and pollutants carried into the drainage system. M. (Page 24) A landscape and irrigation plan for all common areas shall be prepared by a licensed landscape architect. Said plan shall include a maintenance program which controls the use of organophosphates and pesticides. N. (Page 31) Avocado /MacArthur and Newport Village (CA- Ora -167). It is anticipated that this site will be directly impacted by proposed development within subject Parcel A. The site shall be tested for significance and later salvaged through sample excavation. 15 19. (Page 106) To deter vandalism during construction, temporary fencing shall be used. 20. (Page 106) Office building security shall include security guards, alarms, and limited elevator access after business hours. 21. (Page 106) The proposed hotels shall have a 24 -hour security guard patrol and central communication system. , • 22. (Page 106) To conserve water, watering of landscaping during mid -day shall be avoided. B. (Page 18) A grading plan shall include a complete plan for temporary and permanent drainage facilities, to minimize any potential impacts from silt, debris, and other water pollutants. C. (Page 18) The grading permit shall include, if required, a description of haul routes,.access points to the site, and a watering and sweeping program designed to minimize impacts of haul operation. D. (Page 19) An erosion, siltation, and dust control plan shall be prepared by a Civil Engineer and based on recommendations of a soil engineer and an engineering geologist subsequent to the completion of a comprehensive soil and geologic investigation of the site. Permanent reproducible copies of the "Approved as Built" grading plans on standard size sheet shall be furnished to the Building Department. H. (Page 22) The velocity of concentrated runoff from the project shall be evaluated and erosive velocities controlled as part of the project design. L. (Page 24) All parking and other onsite paved surfaces shall be routinely vacuum -swept and cleaned to reduce debris and pollutants carried into the drainage system. M. (Page 24) A landscape and irrigation plan for all common areas shall be prepared by a licensed landscape architect. Said plan shall include a maintenance program which controls the use of organophosphates and pesticides. N. (Page 31) Avocado /MacArthur and Newport Village (CA- Ora -167). It is anticipated that this site will be directly impacted by proposed development within subject Parcel A. The site shall be tested for significance and later salvaged through sample excavation. 15 Iq O. (Page 31) Pacific Coast Highway and Jamboree (CA- Ora -65). The remaining portion of CA- Ora -65 shall be tested and salvaged through an appropriate data recovery program to be developed after the site has been tested. Recommendations are described in detail in Appendix C of the EIR. P. (Page 31) Marriott Hotel Expansion. Because of the possibility of significant cultural resources related to CA- Ora -140 remaining intact under the parking lot area of the proposed Marriott Hotel, the following recommendations are made: a. A qualified archaeologist should be present during any asphalt, turf, or landscape plant removal to inspect the underlying soil for cultural resources. If significant cultural resources are uncovered, the archaeologist shall have the authority to stop or temporarily divert construction activities for a period of 48 hours to assess the significance of the finds. b. If the archaeologist determines that the subject resources warrant testing, he shall have the authority to halt construction long enough to complete such testing and, if need be, salvage the resources. Q. (Page 31) Pacific Coast Highway and Newport Center Drive. Because the nature and significance of the problematical shell and midden scatters located on this property are unknown at this time, the following recommendations are made: a. Both areas of problematical surface materials should be tested with a backhoe to determine their nature and significance. b. If undisturbed and subsurface cultural deposits are encountered, the mechanical testing should stop at once and a detailed test -level investigation and ultimate salvage data recovery program should be initiated. c. If the problematical surface materials are determined to be of no significance, the subject property shall be archaeologically cleared for development. R. (Page 35) Development of each of the sites shall include a landscape plan subject to approval of the Planning Department and the Parks, Beaches, and Recreation Department. U_ U. (Page 44) The City of Newport Beach has initiated a study of the housing supply and needs of the community. This study will lead to the preparation and approval of a new housing element for the City's General Plan. Future developments in and around Newport Center will be required to comply with the provisions of the Housing Element. V. (Page 64) As a part of the approval of the Corporate Plaza site, The Irvine Company was required to make certain commitments for transit service. These included providing a site for • a transit terminal and a $300,000 contribution for a shuttle service operation within Newport Center. W. (Page 65) Specific requirements regarding roadway improvements are discussed at length under "Circulation System Improvements" in the staff report of July 14, 1981. Z. (Page 87) Individual projects will be required to contribute to the Jamboree Road Sound Wall Fund, a requirement which was implicit in staff recommendations regarding the widening of ;Jamboree Road. BB. (Page 105) The Fire Department will review design plans to ensure adequate access to all structures and emergency exits for hotel patrons. CC. (Page 105) The provision of adequate fire flow will be reviewed by the Fire Department. EE. (Page 105) A lighting plan will be submitted for review by the Police Department to ensure adequate lighting of pedestrian walkways and parking areas. Water and Sewer. FF. (Page 106) Prior to construction of any project the availability of water and sewer shall be verified by the serving agency. GG. (Page 106) A watering system should be designed which minimizes water consumption, such as drip irrigation or tensiometers. Solid Waste. HH. (Page 106) A program shall be devised for the sorting and pickup or disposal of recyclable from other solid waste. 1 STATEMENT OF FACTS August 31, 1981 SIGNIFICANT ENVIRONMENTAL IMPACTS WHICH CANNOT BE AVOIDED IF THE PROPOSAL IS IMPLEMENTED, FINDINGS WITH RESPECT TO IMPACTS, AND STATEMENT OF FACTS IN SUPPORT THEREOF, ALL WITH RESPECT TO THE PROPOSED AMENDMENT OF THE GENERAL PLAN OF THE CITY OF NEWPORT BEACH AND DESIGNATED 80 -3. BACKGROUND The California Environmental Quality Act (CEQA) and the State EIR Guidelines (Guidelines) promulgated pursuant thereto provide: "No public agency shall approve or carry out a project for which an environmental impact report has been completed and which identifies one or more signifi- cant effects of the project unless the public agency makes one or more of the following written findings for each of the significant effects, accompanied by a statement of the facts supporting each finding ". (Section 15088 of the Guidelines) The City of Newport Beach proposed to adopt an amendment to the General Plan of the City of Newport Beach (GPA 80 -3). Because the proposed amendment constitutes a project under CEQA and the Guidelines, the City of Newport Beach has prepared an Environmental Impact Report (EIR). This EIR has identified certain significant effects that will flow from this project, further the City Council desires to approve this project, and has determined that the EIR is complete and has been prepared in accordance with CEQA and the Guidelines, and therefore the findings set forth herein are made. I. Ultimate development of the project will result in certain significant unavoidable adverse impacts to the environment, as indicated below and in the Final. EIR. With respect to those impacts, the City Council of Newport Beach finds as stated on the following pages: 1 IR �j WATER RESOURCES Impact Increased runoff will be generated due to the loss of permeable surfaces caused by buildings and paved surfaces. Runoff containing a number of pollutants associated with urbanized land uses will tend to increase and incrementally degrade regional water sources. . Findings (a) Changes and other measures have been made in or incorporated into the project, or are otherwise being implemented, which will mitigate this significant environmental impact, in that: (1) On -site culverts and drainage facilities will be analyzed during the design phase and any necessary and feasible improvements will be made or installed; (2) A drainage study will be prepared for the Pacific Coast Highway /Jamboree Road site during the design phase, which study will define appropriate drainage controls and examine potential ground water problems and necessary mitigations; (3) All on -site and off -site desilting basins serving developments within the project area shall be maintained by the applicants where feasible; (4) An erosion and siltation control plan shall be prepared as a condition for grading permits for all sites in the project area; (5) All parking and other on -site paved surfaces shall be routinely vacuum -swept and cleaned in accordance with current city policies to reduce debris and pollutants carried into the drainage system; (6) A landscape and irrigation plan for all common areas shall be prepared by a licensed landscape architect during the design phase, which plan shall :include a maintenance program controlling the use of organophosphates and pesticides; (7) Slopes exposed in grading operations shall be planted as soon as possible after grading to reduce erosion potential; (8) The City of Newport Beach and The Irvine Company are cooperating with other public agencies, including the Southern California Association of Governments ( "SCAG "), the City of Irvine, the County of Orange, the State Department of Fish and Game, and the State water Resources Control Board, in studying and implementing the Federal "208" planning program for dealing with existing and future sediment in Upper Newport Bay; 2 Z I (9) Grading plans shall include a complete plan for temporary and permanent drainage facilities, to minimize any potential impacts from silt, debris, and other water pollutants; (10) Grading permits shall include, if required, a description of haul routes, access points to the site, and a watering and sweeping program designed to minimize impacts of haul operation; (11) An erosion, siltation,, and dust control plan shall be prepared by a Civil Engineer and based on recommendations of a soil engineer and an engineering geologist subsequent to the completion of a comprehensive soil and geologic investigation of the site. Permanent reproducible copies of the "Approved as Built" grading plans on standard size sheet shall be furnished to the Building Department; and, (12) The velocity of concentrated runoff from the project shall be evaluated and erosive velocities controlled as part of the project design. (b) Construction of a desilting lake in the Newport Village area, proposed as a potential mitigation measure, is infeasible in that the Newport Village area is located at the up- stream edge of the drainage basin. Alternate locations for and the desireability of desilting lakes and facilities can more feasibly be considered and, if feasible, implemented at the design phase, and the potential for such facilities shall be evaluated at the design phase for each increment of development. (c) All significant environmental effects that can feasibly be avoided have been eliminated or substantially lessened by virtue of mitigation measures identified in the final EIR and incorporated into the project as set forth above. (d) The remaining, unavoidable significant effects are acceptable when balanced against the facts set forth in the Statement of Overriding Considerations made below, giving greater weight to the remaining, unavoidable significant effect. HOUSING Impact The proposed project, in conjunction with projects occurring on a local and regional scale, will contribute cumulatively to the demand for housing in all price ranges. Findings (a) Changes and other measures have been made in the project or are otherwise being implemented which mitigate this significant environmental effect, in that: 3 %o 1q: (1) The total square footage of future allowable office space for the project has been reduced by approximately 166,250 square feet from that originally proposed, thus reducing the demand for employee housing; (2) The total number of hotel rooms for the project has been reduced by 200 rooms from that originally proposed, thus reducing the demand for employee housing; • (3) The residential component of the project has been increased by 225,000 square feet plus 42 residential units over that originally proposed; and, (4) The City of Newport Beach has initiated a study of the housing supply and needs of the community and the region, which study will lead to the preparation and approval of a new housing element for the City's General Plan and will, when implemented, further mitigate this environmental impact. (b) Specific economic, social and other considerations make infeasible mitigation measures or project alternatives not selected in that: (1) The project represents the best reasonable balance and mix of uses for the project area, all factors considered; (2) Due to economics and personal choice, substantial home -to -job travel in the region would result from any land use selected for the project area; and, (3) Due to market pressures, the cost of housing in Newport Beach is quite high, so that increased residential uses in the project area would not provide housing opportunities for low or moderate income persons. (c) All significant environmental effects that can feasibly be avoided have been eliminated or substantially lessened by virture of mitigation measures identified in the Final EIR and incorporated into the project as set • forth above. (d) The remaining, unavoidable significant effect is acceptable when balanced against facts set forth in the Statement of Overriding Considerations made below, giving greater weight to the remaining, unavoidable significant effect, and in view of the following facts: (1) Based on current percentages, it is projected that 20% of the new employees for the project area will live in Newport Beach; (2) Completion of the project will create employment opportunities for persons already living in Newport Beach and working elsewhere or reaching employment age; and, CI ') I (3) Based on current percentages it is projected that 708 of the new employees in the project area will live within a 30- minute commute from the project area. AIRPORT Impact . The proposed project, in association with other projects occurring on a local and regional scale, will contribute cumulatively to the ongoing demand for air transportation as associated congestion at John Wayne Airport. Findings (a) Changes and other measures have made in or incorporated into the project, or are otherwise being implemented, which will mitigate this significant environmental effect, in that: (1) The total square footage of office space for the project has been reduced by approximately 166,250 square feet from that originally proposed; (2) The total number of hotel rooms for the project has been reduced by 200 rooms from that originally proposed; (3) The residential component of the project has been increased by 225,000 square feet plus 42 residential units over that originally proposed; and, (4) Current city policies designed to mitigate this specific impact will be incorporated into the project at the development stage. (b) Specific changes or alterations to the existing conditions at John Wayne Airport are within the responsibility and jurisdiction of other public agencies, which changes or alterations can and should be adopted by such other agencies. Included in such changes or alterations, and the activities undertaken by the City of Newport Beach and The Irvine Company to encourage such other agencies to adopt such changes and alterations, are the following: (1) The City of Newport Beach is continuing its political and legal efforts to limit the number of flights to and from John Wayne Airport, to prevent expansion of that facility, and to have stringent noise standards imposed to flight operations at John Wayne Airport; (2) Studies are ongoing County -wide to attempt to determine and provide an alternate site for a regional airport serving Orange County; and (3) As part of this project: The Irvine Company has publicly recognized the limited role for John Wayne Airport /Orange County and 5 9 announced its support for finding an alternate location for a regional airport serving Orange County. (c) Specific economic, social and other considerations make infeasible mitigation measures or project alternatives not selected in that: (1) The project represents the best reasonable balance and mix of uses for the project area, all factors considered; • (2) Given market pressures additional development in Orange County is inevitable and will impact John Wayne Airport, so that even if the City of Newport Beach were to reduce the scope of development in the project area, the only probable result would be that demand for development would simply shift to other jurisdictions less impacted by air traffic; and, (3) The ultimate mitigation of this impact must be determined regionally. (d) All significant environmental effects that can feasibly be avoided have been eliminated or substantially lessened by virtue of mitigation measures identified in the Final EIR and incorporated into the project as set forth above. (e) Any remaining, unavoidable significant effect is acceptable when balanced against facts set forth in the Statement of Overriding Considerations made below, giving greater weight to the remaining, unavoidable significant effect. TRAFFIC /CIRCULATION Impact Increased traffic levels at completion of all site development will contribute substantial additional average vehicle trips daily. This traffic along with other local and regional increases will contribute cumulatively to an increase in the number of vehicles and the vehicle miles traveled. Findings (a) Changes and other measures have been made in or incorporated into the project, or are otherwise being implemented, which will mitigate this significant environmental impact, including those identified above and the following: (1) Approximately $8.5 million of improvements to the City's circulation system will be implemented by the project applicants in conjunction with this project, which improvements will provide greater roadway capacity than needed to accommodate the increased traffic to be generated from the project; 9 23 02� (2) A phasing plan has been incorporated into the project to phase development with improvements to the City's circulation system as well as the regional circulation system; (3) A Transportation Management Plan for all of Newport Center will be implemented as part: of project; (4) As a part of the project, provision has been made for a transit terminal to be operated by the Orange County Transit District; (5) Completion of the Newport Center development will enhance the viability of a transit. terminal for Newport Center; (6) Adequate parking will be required at the development stage, and specific development proposals will be designed to be consistent with applicable traffic engineering principles; (7) The Traffic Phasing Ordinance (TPO) Chapter 15.40 of the Newport Beach Municipal Code will be imposed at the development stage; (8) The total square footage of office space has been reduced by 225,000 sq.ft. and number of hotel rooms has been reduced by 200 rooms from that originally proposed; (9) The residential component of the project has been increased by 225,000 square feet plus 42 residential units over that originally proposed, placing those residences in close proximity to shopping and employment centers and thus reducing the need for trips out of the area and improving directional characteristics of peak hour traffic; and, (10) The applicant will work with the City to provide for a complete system of pedestrian and bicycle trails for all of Newport Center thereby reducing anticipated demands on the City's circulation system. (b) The Orange County Transit District can and should, and has plans to, construct and operate a transit terminal in Newport Center as a part of the project, and approval of the project will facilitate the development of such a transit terminal. (c) Specific economic, social and other consideration make infeasible mitigation measures or project alternatives not selected, in that: (1) The project represents the best reasonable balance and mix of uses for the project.area, all factors considered; (2) Conditioning development of the project on specific additional circulation system improvements would place the economic and competitive well -being of Newport Center and Newport Beach under the discretion of other public agencies having jurisdiction over 7. 7A r�3 such circulation system improvements and having interests at odds to those of Newport Beach; and, (3) Conditioning development of the project on specific additional circulation system improvements would tend to delay installation of the needed circulation system improvements made a part of this project by drastically increasing the economic burden to be borne by the developer of the project and thereby reducing incentive to proceed with those improvements. (d) All significant environmental effects that can feasibly be avoided have been eliminated or substantially lessened by virtue of mitigation measures identified in the Final EIR and incorporated into the project as set forth above. (e) The remaining, unavoidable significant effect is acceptable when balanced against the facts set forth in the Statement of overriding Considerations made below, giving greater weight to the remaining, unavoidable significant effect. AIR QUALITY Impact Mobile and, to a lesser degree, stationary source emissions associated with the project would contribute to pollution of the local and regional air shed. Findings (a) Changes and other measures have been made in or incorporated into the project, or are otherwise being implemented, which will mitigate this significant environmental impact, including those identified above and the following; (1) Energy conscious design and material mitigation measures will be imposed at the project design phase; (2) Mitigating construction techniques will be imposed at the development phase to control construction impacts; (3) Approximately 8.5 million dollars of improvements to the City's circulation system plus regional improvements will be implemented in conjunction with this project, which improvements will provide greater roadway capacity than needed to acconmiodate the increased traffic to be generated by the project and these improvements will reduce congestion and delay within the City and will reduce air quality impacts; (4) That a phasing of development has been incorporated into the project which will reduce congestion and delay within the City and will reduce air quality impacts; 7 S (5) That the completion of Newport Center development will enhance the viability of a transit terminal for Newport Center which will reduce air quality impacts; (6) The implementation of a Traffic Management Plan (TMP) will reduce air quality impacts; (7) The project will be subject to the Traffic Phasing . Ordinance (TOP) and City Policy; (B) To reduce motor vehicle emissions the following measures will be taken: a. Safe bicycle and pedestrian facilities will be provided. b. Ride - sharing will be encouraged, c. Shuttle service from the airport to hotel facilities is being provided . d. Provide for modified work schedules to shift traffic to non -peak hours. e. Provide preferential parking for carpools /vanpools. f. Provide free bus passes or company -owned vans to subsidize mass transit or carpooling. g. Maintain synchronized and/or demand - responsive signals and adequate roadway capacity; and, (9) To reduce emissions associated with energy consumption the following measures will be taken: a. Energy- conserving lighting will be used in parking lots and streets; decorative or non - functional lighting will be minimized. b. Energy conservation standards in addition to Title 24 will be applied. c. Natural heating and cooling mechanisms will be utilized, minimizing the use of typical energy intensive artificial interior environments. (b) Efforts are underway regionally involving a number of other public agencies to maintain air quality for the South Coast Air Basin at acceptable levels, including an Air Quality Management Plan. This project is consistent with the employment forecast continued in the Air Quality Management Plan and is therefore consistent with such regional effort. (c) All significant environmental effects than can feasibly be avoided have been eliminated or substantially lessened by virtue of mitigation measures 0 9/„ °ate identified in the Final EIR and incorporated into the project as set forth above. (d) The remaining, unavoidable significant effect is acceptable when balanced against the facts set forth in the Statement of Overriding Considerations made below, giving greater weight to the remaining, unavoidable significant effects. 0 ENERGY Impact There will be a sustained increase in demand for energy resources. Findings (a) Changes and other measures have been made to or incorporated into the project, or are otherwise being implemented, which will mitigate this significant environmental impact, including those identified above and the following: (1) Conservation measures as outlined for commercial structures in Title 24 of the California Administrative of Code will be implemented at the design phase, and additional similar mitigation measures will be considered at that time; (2) Use of low- wattage lights and minimization of non - functional lighting will be required where feasible at the design phase; (3) Natural heating and cooling potentials due to the moderate climate of the project area will be considered and utilized where feasible during the design phase; (4) To reduce energy consumption by motor vehicles, high- occupancy vehicles and alternate transportation methods will be encoraged; (5) Active and passive solar energy system will be utilized in project designs; (6) Energy conservation experts will be consulted to develop energy conservation measures beyond Title 24 requirements; and, (7) Use of natural heating and cooling will be maximized. (b) All significant environmental effects that can feasibly be avoided have been eliminated or substantially lessened by virtue of mitigation measures identified in the Final EIR and incorporated into the project as set for the above. 10 27 (c) The remaining avoidable significant effect is acceptable when balanced against the facts set forth in the Statement of Overriding Considerations, giving greater weight to the remaining, avoidable significant effect. Issue NOISE • While the Draft EIR did not identify the noise impacts of this project as being significant, a number of citizens indicated in written comments and oral testimony that they considered the noise :impacts of traffic to be a matter of concern. In light of that concern, the noise impacts associated with this project were given particular attention, since the increased traffic to be generated by this project will add to ambient noise levels near streets and highways. Findings (a) Changes and other measures have been made in or incorporated into the project, or are otherwise being implemented, which will mitigate this environmental impact, as set forth under "Traffic" above and in that: (1) All new residential developments in or adjacent to Neport Center will be required to comply with Title 24 of the California Administrative Code and City Policy regarding sound attenuation; (2) All construction activities will be limited to the hours of 7 a.m. to 7 p.m. weekdays and 8 a.m. to 5 p.m. Saturdays and Sundays; (3) Individual phases of the project will be required to contribute equitably to the Jamboree Road Sound Wall Fund that has been created by the City; and, (4) The City shall establish a fund and equitable assessment consistent with that which was done for the Jamboree Road Sound Wall to be used for sound walls along Pacific Coast Highway to shield the Irvine Terrace area from noise. (b) All significant environmental effects that can feasibly be avoided have been eliminated or substantially lessened by virtue of mitigation measures identified in the Final EIR and incorporated into the project as set forth above. (c) The remaining environmental effect is acceptable when balanced against the facts set forth in the Statement of Overriding Considerations made below, giving greater weight to the remaining environmental effect. 11 29 d7 II. Additional discretionary actions will be required before development of the project area can occur, which discretionary actions will provide adequate opportunity for further environmental analysis consistent with the Final EIR and General Plan Amendment 80 -3, and for imposition of design, construction and other development and site specific mitigation measures. 12 761 AUGUST 31, 1981 STATEMENT OF OVERRIDING CONSIDERATIONS The California Environmental Quality Act requires a public agency to balance the benefits of a proposed project against its unavoidable environmental risks in determing whether to approve the project. The City of Newport Beach has determined that the unavoidable environmental risks of this project are acceptable when balanced against the benefits of this project, • giving greater weight to the unavoidable environmental risks. In making that determination, the following public benefits were considered or decisions made: 1. Revenues generated by the proposed project will exceed costs associated with serving the proposed project resulting in a net financial gain to the City. 2. Roadway improvements costing approximately $8.5 million to be constructed in conjunction with the proposed project will help to alleviate existing traffic congestion in the City. The funds for those improvements are not likely to be available from any other .source in the forseeable future. 3. The proposed project will. facilitate the development of a transit terminal in Newport Center, thereby encouraging use of mass transit and a concomitant reduction in traffic. 4. Implementation of a Traffic Management Plan encompassing all of Newport Center, and not just the specific project sites, will help reduce current traffic congestion. S. Increased numbers of residences will be developed in Newport Center, in close proximity to shopping and a major employment center. 6. Funds will be available from revenues generated by the proposed project for the City of Newport Beach to help curb expansion of John Wayne Airport, and to provide additional and better municipal services. 7. The proposed project represents the in- filling of vacant urban parcels where adequate facilities and services are available, and where even greater intensities of use have been identified in prior City plans. 8. The alternatives to the proposed project described in the Final EIR, with the exception of the "no project" alternative, would not avoid unmitigated environmental effects because all alternatives involved the conversion of vacant land to urban use. 9. The proposed project is consistent and compatible with other existing and proposed uses of land in the vicinity of the project and community in general. 10. In view of all factors, the project represents the best reasonable balance and mix of uses for the project area. F� 7_ . r ON 11. Many of the benefits associated with this project largely depend upon the developer's willingness to contribute to the solution of existing problems, so that a disapproval of the project or selection of an alternative to the project unacceptable to the developer would prevent or delay the City's enjoyment of currently needed roadway improvements, provision of a transit terminal, implementation of a Transportation Management Plan, and other overriding benefits. 12. The majority of the impacts associated with this project are regional in nature, and the project's cumulative contribution to those impacts is considered minimal and acceptable from a regional perspective. 13. The proposed project is need to maintain the quality of Fashion Island and its competitiveness with other regional shopping and office centers, which benefits the City fiscally and the residents of the City. PAI