HomeMy WebLinkAbout83-43 - General Plan Amendment 81-2RESOLUTION NO. 83 -43
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH APPROVING AMENDMENTS TO THE LAND
USE, RESIDENTIAL GROWTH AND RECREATION AND OPEN
SPACE ELEMENTS OF THE NEWPORT BEACH GENERAL PLAN
FOR THE CALTRANS WEST, BIG CANYON AREA 16,
NEWPORT CENTER BLOCK 400 AND CAMPUS DRIVE SITES
(GPA 81 -2).
WHEREAS, Section 707 of the Charter of the City of Newport Beach
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 serve as a guide for future planning and development
of the City; and
WHEREAS, the Planning Commission has held a public hearing at which it
considered amendments to the Land Use, Residential Growth and Recreation and
Open Space Elements and Maps of the Newport Beach General Plan and adopted
Resolution No. 1088, recommending to the City Council certain changes and
amendments in said elements and maps; and
WHEREAS, the City of Newport Beach has, in the General Plan Housing
Element, established policies to increase the production of housing in the
community and to provide affordable housing opportunities in the City; and
WHEREAS, the City Council has adopted Council Policy P -1 to implement
the provisions of Government Code Section 65590 (Mello) and has included this
policy as one of its Housing Element implementation actions; and
WHEREAS, the City recognizes it responsibility to designate sufficient
vacant land for residential use with appropriate standards to produce housing
at the lowest possible cost consistent with Section 65913 of the Government
Code; and
WHEREAS, the City of Newport Beach recognizes the unique opportunity to
provide affordable housing on the CalTrans site; and
WHEREAS, the City of Newport Beach recognizes the opportunity to
require affordable housing either on- or off -site in conjunction with
residential development in the City; and
WHEREAS, the City of Newport Beach has prepared a final Environmental
Impact Report (EIR) in compliance with the California Environmental Quality
Act (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 amendment to the Newport
Beach General Plan; and
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 serve as a guide for future planning and development
of the City; and
WHEREAS, the Planning Commission has held a public hearing at which it
considered amendments to the Land Use, Residential Growth and Recreation and
Open Space Elements and Maps of the Newport Beach General Plan and adopted
Resolution No. 1088, recommending to the City Council certain changes and
amendments in said elements and maps; and
WHEREAS, the City of Newport Beach has, in the General Plan Housing
Element, established policies to increase the production of housing in the
community and to provide affordable housing opportunities in the City; and
WHEREAS, the City Council has adopted Council Policy P -1 to implement
the provisions of Government Code Section 65590 (Mello) and has included this
policy as one of its Housing Element implementation actions; and
WHEREAS, the City recognizes it responsibility to designate sufficient
vacant land for residential use with appropriate standards to produce housing
at the lowest possible cost consistent with Section 65913 of the Government
Code; and
WHEREAS, the City of Newport Beach recognizes the unique opportunity to
provide affordable housing on the CalTrans site; and
WHEREAS, the City of Newport Beach recognizes the opportunity to
require affordable housing either on- or off -site in conjunction with
residential development in the City; and
WHEREAS, the City of Newport Beach has prepared a final Environmental
Impact Report (EIR) in compliance with the California Environmental Quality
Act (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 amendment 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 that:
1. The City Council makes the findings contained in the Statement of
Facts with respect to significant impacts identified in the Final EIR together
with the finding that each fact in support of the findings is true and is
based upon substantial evidence in the record, including the final EIR. The
Statement of Facts is attached hereto as Exhibit "A" and incorporated herein
by this reference as if fully set forth.
2. The City Council finds that the facts set forth in the Statement of
Overriding Considerations are true and are supported by substantial evidence
in the record, including the final EIR. The Statement of Overriding
Considerations is attached hereto as Exhibit "B" and incorporated herein by
this reference as if fully set forth.
3. The City Council finds that the final EIR has identified all
significant environmental effects of the project and that there are no known
potential environmental impacts not addressed in the final EIR.
4. The City Council finds that all significant effects of the project
are set forth in the Statement of Facts.
5. The City Council finds that although the final EIR identifies
certain significant environmental effects that will result if the project is
approved, all significant effects that can feasibly be avoided or mitigated
have been avoided or mitigated by the imposition of conditions on the approved
General Plan Amendment and the imposition of mitigation measures as set forth
in the Statement of Facts and the final EIR.
• 6. The City Council finds that potential mitigation measures and
project alternatives not incorporated into the project were rejected as
infeasible, based upon specific economic, social and other considerations as
set forth in the Statement of Facts and the final EIR.
7. The City Council finds that the unavoidable significant impacts of
the project, as identified in the Statement of Facts, that have not been
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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 State 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 those alternatives might impede the
attainment of project objectives and might be more costly. Further, the City
Council finds that a good faith effort was made to incorporate alternatives in
the preparation of the draft EIR and all reasonable alternatives were
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 action should not be approved for the project based on
the information contained in the final EIR, the data contained in the
Statement of Facts and for the reasons stated in the public record and those
contained in the Statement of Overriding Considerations.
10. The City Council finds that a good faith effort has been made to
seek out and incorporate all points of view in the preparation of the draft
and final EIR as indicated in the public record on the project, including the
final EIR.
11. The City Council finds that during the public hearing process on
General Plan Amendment 81 -2, 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 back 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
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c) Volume III - Attachments No. 1 and 2 including comments and
responses, additional information, and Planning Commission minutes
and staff reports.
d) Additional Planning Commission minutes
e) Planning Commission Resolutions
f) City Council Minutes
g) City Council Staff Reports (with attachments)
h) Comments and responses received prior to final action and not
contained in a) through g) above.
• All of the above information has been and will be on file with the Planning
Department, City of Newport Beach, City Hall, 3300 Newport Boulevard, Newport
Beach, 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 land uses, policies
and constraints on future development:
Land Use Element
CalTrans West: Designate the ±13 acre site northwesterly of the
intersection of West Coast Highway and Superior Avenue for
Multiple - Family Residential uses at 15 dwelling units per buildable
acre.
1. The preferred access to the CalTrans West site is from the
proposed Bluff Road (Balboa Boulevard extension) across a
portion of the Banning property. A reasonable effort must be
made to establish this access from Bluff Road at the time of
approval of the tentative tract map for the CalTrans West site
if it is submitted prior to tentative maps for the
Banning- Newport Ranch. Temporary and limited access may be
developed from realigned Superior Avenue. The precise location
of all access will be determined at the time of approval of the
tentative tract map.
2. That existing views of ocean and bay shall be preserved for a
line -of -sight four feet above the lower balcony level of a
Newport Crest residence.
3. 20% of the total dwelling units shall be affordable to low and
moderate income households as defined in the City's Housing
Element.
4. 10% of the total dwelling units shall be affordable to low and
moderate income households as set forth in Section 50093 of the
Health and Safety Code.
5. CalTrans West will be required to comply with the park
dedication ordinance. A park of at least 5 acres in size is to
be developed between Coast Highway, Superior Avenue, 15th
Street (extended), and Bluff Road (Balboa Boulevard extended).
The specific size, location, design, and the means to acquire
and develop the park will be determined at the time of approval
• of the tentative tract maps for CalTrans West and /or the
adjacent Banning - Newport Ranch residential developments.
6. A view park of ±1 acre shall be located on -site and shall
partially satisfy the requirements for park dedication
contained in Chapter 19.50 of the Newport Beach Municipal Code.
7. A pedestrian and bicycle easement shall be developed to connect
the view park with the neighborhood park. The easement shall
as much as possible be located to take advantage of ocean and
bay views. Precise location and design shall be determined at
the time of approval of the tentative tract map.
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8. The applicant or successor in interest shall participate in 50%
of all costs related to the provision of a pedestrian and
bicycle bridge over Superior Avenue at a point to be determined
in conjunction with the location of the view park at the time of
approval of th tentative tract map.
9. A landscaped greenbelt shall be established adjacent to Newport
Crest. The greenbelt shall be a minimum of 30 feet wide and be
maintained by the applicant or successor in interest. Park
credit shall not be given for the greenbelt.
10. CalTrans will enter into an agreement to dedicate to the City
of Newport Beach the property required for the realignment of
Superior Avenue.
11. Because of difficulties in providing vehicular access to
CalTrans East, and in recognition of both the State's need to
dispose of this site and Hoag Hospital's need for additional
land, CalTrans has entered into negotiations with Hoag Hospital
for the acquisition of CalTrans East. Adoption of detailed
zoning and approval of a tentative tract map on CalTrans West
shall not occur until CalTrans offers satisfactory evidence
that it will restrict access from CalTrans East to Coast
Highway.
12. At the time of future discretionary actions the project shall
be required to contribute a sum equal to their fair share of
future circulation system improvements as shown on the City's
Master Plan of Streets and Highways and any other mitigation
measures as required.
Big Canyon - Area 16: Designate the ±11 acre site southwesterly of
the intersection of MacArthur Boulevard and Ford Road for
Medium- Density Residential uses at 10 dwelling units per buildable
acre.
1. That the requirements of the Park Dedication Ordinance shall be
satisfied through on -site or off -site land dedication, the
assessment of in -lieu fees or a combination of the above as
determined by the Planning Commission and City Council, after
recommendation by the Parks, Beaches and Recreation Commission,
at the time of approval of the tentative tract map.
2. That a number of units equal to at least 10% of the total units
be constructed on -site or off -situ and be affordable to low and
moderate income families using City standards.
3. At the time of future discretionary actions the project shall be
required to contribute a sum equal. to their fair share of future
circulation system improvements as shown on the City's Master
plan of Streets and Highways and any other mitigation measures
as required.
4. Prior to the approval by the City of any future discretionary
actions (i.e., zoning and tentative tract) , the question park
credits, development rights and ownership of the Mouth of Big
Canyon shall be resolved.
Newport Center - Block 400: Allocate an additional 80,000 square
feet of medical office development in Newport Center, with related
parking facilities. This development is allocated to Block 400, on
the parcel located at 400 Newport Center Drive East.
1. The propert shall be rezoned to P -C (Planned Community)
District.
2. Specify the development be subject to further review and
approval of a use permit.
3. At the time of future discretionary actions the project shall be
required to contribute a sum equal to their fair share of future
circulation system improvements as shown on the City's Master
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Plan of Streets and Highways and any other mitigation measures
as required.
Campus Drive: Designate the area bounded by Campus Drive, Dove
Street, Birch Street, and Bristol street for a mixture of General
Industry and Administrative, Professional and Financial Commercial
uses.
1. Establish a permitted intensity of development for the Campus
• Drive area (as shown on Exhibit 7 following Page 12 of the
draft EIR) of 0.5 floor area ratio, with a floor area ratio of
up to 1.0 permitted floor area may be approved if a finding can
be made that the traffic and circulation system impacts are no
greater than those generated by an office development of 0.5
FAR. The floor area ratio limits are defined as the ratio of
gross structural area to the buildable area of the site.
2. Direct that the zoning in the area be amended to implement this
General Plan Amendment.
3. At the time of future discretionary actions, individual projects
shall be required to contribute a sum equal to their fair share
of future circulation system improvements as shown on the City's
Master Plan of Streets and Highways and any other mitigation
measures as required.
Residential Growth Element
CalTrans West: Statistical Area A -2 is amended to permit
residential development on the CalTrans West site at 15 dwelling
units per buildable acre. The property shall be re -zoned to the P -C
(Planned Community) District.
Big Canyon - Area 16: Statistical Area L -2 is amended to permit
residential development on the Big Canyon - Area 16 site at 10
dwelling units per buildable acre.
Recreation and Open Space Element
CalTrans West:
1. CalTrans West will be required to comply with the park
dedication ordinance. A park of at least 5 acres in size is to
be developed between Coast Highway, Superior Avenue, 15th Street
(extended), and Bluff Road (Balboa Boulevard extended). The
specific size, location, design, and the means to acquire and
develop the park will be determined at the time of approval of
the tentative tract maps for CalTrans West and /or the adjacent
Banning - Newport Ranch residential developments.
2. A view park of ±1 acre shall be located on =site and shall
partially satisfy the requirements for park dedication contained
in Chapter 19.50 of the Newport Beach Municipal Code.
3. A pedestrian and bicycle easement shall be developed to connect
the view park with the neighborhood park. The easement shall as
much as possible be located to take advantage of ocean and bay
views. Precise location and design shall be determined at the
time of approval of the tentative tract map.
• 4. The applicant or successor in interest shall participate in 50%
of all costs related to the provision of a pedestrian and
bicycle bridge over Superior Avenue at a point to be determined
in conjunction with the location of the view park at the time of
approval of the tentative tract map.
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Big Canyon - Area 16:
1. Remove the Recreation and Open Space /Golf Course designation.
ADOPTED this 9th day of May , 1983.
ATTEST:
City Clerk
PT:nma
7.-
FORWORWIPM-14410 M
4/25/83
• STATEMENT OF FACTS
May 9, 1983
0
EXHIBIT "A"
SIGNIFICANT ENVIRONMENTAL EFFECTS OF THE PROPOSED
PROJECT, FINDINGS WITH RESPECT TO SAID EFFECTS, 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 RELATED ACTIONS
PERTAINING THERETO FOR THE AREAS 1, 3, 4, and 5 AS
SHOWN ON THE ATTACHED EXHIBIT AND COLLECTIVELY
DESIGNATED GPA 81 -2.
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
significant effects of the project unless the public
agency makes one or more of the following written
accompanied by a statement of the facts supporting
each finding." (Section 15088).
The City of Newport Beach proposes to amend the Land Use, Residential
Growth and Recreation and Open Space Elements of the General Plan as well
as the Local Coastal Program Land Use Plan (Caltrans West Parcel only).
Because the proposed actions constitute a project under CEQA and the
Guidelines, the City of Newport Beach has prepared an Environmental Impact
Report (EIR). The EIR identified certain significant effects- which may
occur as a result of 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. Therefore,
findings are set forth herein pursuant to Section 15088 of the CEQA
Guidelines.
17
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CALTRANS WEST PARCEL
• LANDFORM AND GEOLOGY
Impact
Landforms will be modified by project development, and the project site is
subject to potential geologic hazards.
Findings
(a) Changes and other measures have been included in the project or are
otherwise being implemented which mitigate this significant
environmental effect, in that:
1. Development of the site shall be subject to a grading permit to be
approved by the Building and Planning Departments.
2. Erosion, siltation, and dust control plans shall be prepared by a
civil engineer (based on recommendations of a soil engineer and an
engineering geologist) subsequent to the completion of comprehen-
sive soil and geologic investigations of the site. Permanent
reproducible copies of the "Approved as Built" grading plans on
standard -size sheets shall be furnished to the Building
Department.
3. Prior to issuance of building permits, specific soils and
foundation studies will be prepared.
4. All buildings constructed on the project site shall conform to the
Uniform Building Code.
5. A geologic hazards study of any identified active faults will be
conducted by an independent third -party expert.
(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.
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(c) Potential mitigation measures or project alternatives not incorporated
into the project were rejected as infeasible, (based on economic, •
social and other considerations as set forth in the Statement of
Facts, the Final EIR, and listed below:
1. At the general plan level of analysis, the site specific impacts
of a proposed project cannot be determined in detail. Precise
definition of impacts and corresponding mitigation measures
requires detailed project information (i.e.., grading plans, site
plans, engineering data, etc.) which shall be provided prior to
implementation of any development.
2. Project alternatives at different densities would result in
similar landform impacts. The "no development" alternative would
result in continued erosion and production of sediment, and
although the "no- project" alternative would require less landform
modification than the proposed project, grading would still be
required.
(d) Any remaining, unavoidable significant effect is acceptable when
balanced against facts set forth above and in the Statement of
Overriding Considerations made below, giving greater weight to the
remaining, unavoidable significant effect.
MI TNXIM
Impact
Development of the site will result in short -term increases in
sedimentation, and long -term incremental increases in urban pollutants and
stormwater runoff rates and volumes.
Findings
(a) Changes and other measures have been included in the project or are •
otherwise being implemented which mitigate this significant
environmental effect, in that:
/i9
1. The velocity of concentrated runoff from the developments shall be
• evaluated and erosive velocities controlled as part of project
design, including areas immediately adjacent to the site.
2. Erosion, siltation, and dust control plans shall be prepared by
the applicant and approved by the Building Department. A copy
will be forwarded to the California Regional Water Quality Control
Board, Santa Ana Region.
3. Existing onsite drainage facilities shall be improved or upgraded
to the satisfaction of the City.
4. Exposed slopes shall be planted as soon as possible to reduce
erosion potential.
5. Grading plans shall include a complete plan for temporary and
permanent drainage facilities, to minimize any potential impacts
from soils, debris, and other water pollutants.
6. All parking and other onsite paved surface shall be routinely
vacuumswept and cleaned to reduce debris and pollutants carried
into the drainage system.
7. Landscape and irrigation plans for all common areas shall be
prepared by a licensed landscape architect. Said plans shall
include a maintenance program which controls the use of
organophosphates and pesticides.
(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) Potential mitigation measures or project alternatives not incorporated
• into the project were rejected as infeasible, based on economic,
social and other considerations as set forth in the Statement of
Facts, the Final EIR, and listed below:
I/
i I
1. At the general plan level of analysis, the site specific impacts
of a proposed project cannot be determined lin detail. Precise
definition of impacts and corresponding mitigation measures
requires detailed project information (i.e., ,grading plans, site
plans, engineering data, etc.) which shall be provided prior to
implementation of any development.
2. Project alternatives at different densities would result in
similar hydrologic impacts. The "no development" alternative
would reduce or eliminate the introduction of urban pollutants, as
would also the "no project" alternative, but would result in long-
term sedimentation impacts.
(d) Any remaining, unavoidable significant effect is acceptable when
balanced against facts set forth above and in the Statement of
Overriding Considerations made below, giving greater weight to the
remaining, unavoidable significant effect.
CULTURAL /SCIENTIFIC RESOURCES
.Impact
Potential for impacting onsite paleontological resources during grading.
Findings
(a) Changes and other measures have been included in, the project or are
otherwise being implemented which mitigate this significant
environmental effect, in that:
1. It shall be the responsibility of a landowner or developer prior
to the commencement of land development to cause the proposed site
to be examined to determine the existence and extent of archaeo-
Iogical /paleontological resources. The examination shall be by
qualified observers, approved by the City. The observers shall
prepare and submit to the City a written report describing find-
ings and making recommendations for further ;action. The report
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r
•
shall discuss both positive and negative aspects of the effects of
• the proposed development on archaeological /paleonto - logical
resources.
•
(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) Potential mitigation measures or project alternatives not incorporated
into the project were rejected as infeasible, based on economic,
social and other considerations as set forth in the Statement of
Facts, the Final EIR; and listed below:
1. At the general plan level of analysis, the site specific impacts
of a proposed project cannot be determined in detail. Precise
definition of impacts and corresponding mitigation measures
requires detailed project information (i.e., grading plans, site
Plans, engineering data, etc.) which shall be provided prior to
implementation of any development.
(d) Any remaining, unavoidable significant effect is acceptable when
balanced against facts set forth above and in the Statement of
Overriding Considerations made below, giving greater weight to the
remaining, unavoidable significant effect.
LAND USES /LAND USE PLANS
Impact
The proposed project is not consistent with the Local Coastal Program Land
Use Plan or the Land Use, Residential Growth, and Recreation and Environ-
mental Open Space Elements of the City of Newport Beach General Plan.
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Findings
(a) Changes and other measures have been included in the project or are •
otherwise being implemented which mitigate, this significant
environmental effect, in that:
1. All affected elements of the General Plan, as 'well as the Land Use
Plan of the Newport Beach Local Coastal Program will be amended in
accordance with the proposed project thereby correcting any
inconsistencies in existing plans /policies.
DEMOGRAPHICS
Impact
The project will add approximately 152 new dwelling units to the City's
housing stock and increase population by approximately 342 persons.
Findings
(a) Potential mitigation measures or project alternatives not incorporated
into the project were rejected as infeasible, based on economic,
social and other considerations as set forth in the Statement of
Facts, the Final EIR, and listed below:
1. The project will increase housing opportunities in the City
consistent with the Program and Performance Objectives of the
City's Housing Element including a commitment of 20%'of the total
units be affordable to low and moderate income households as
defined in the Housing Element, and an additional 10% of the total
units be affordable to low and moderate income households as
defined in Section 50093 of the California Health and Safety Code.
(b) Any remaining, unavoidable significant effect is acceptable when
balanced against facts set forth above and in the Statement of •
Overriding Considerations made below, giving greater weight to the
remaining, unavoidable significant effect.
TRANSPORTATION /CIRCULATION
• Impact
The proposed project will generate approximately 1,292 vehicle trips per
day.
Findings
(a) Changes and other measures have been included in the project or are
otherwise being implemented which mitigate this significant environ-
mental effect, in that:
1. The City requires all development projects over 10 dwelling units
or 10,000 square feet to comply with the Traffic Phasing Ordinance
(TPO). Prior to approval of zones changes or tentative tract maps
for individual projects within GPA 81 -2, applicants will be
required to obtain necessary TPO approval.
2. At the time of future discretionary .actions, the project shall be
required to contribute a sum equal to their fair share of future
circulation system improvements as shown on the City's Master Plan
of Streets and Highways and any other mitigations measures as
required.
The preferred access to the CalTrans West site is from the
proposed Bluff Road (Balboa Boulevard extension) across a portion
of the Banning property. A reasonable effort must be made to
establish this access from Bluff Road at the' time of approval of
the tentative tract map for the CalTrans West site if it is
submitted prior to tentative maps for the Banning- Newport Ranch.
Temporary and limited access may be developed from realigned
Superior Avenue. The precise location of all access will be
determined at the time of approval of the tentative tract map.
•
1. Because of difficulties in providing vehicular access to CalTrans
East, a 22 -acre site located east of the project site, and in
15
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recognition of both the State's need to dispose of this site and
Hoag Hospital's needs for additional land, CalTrans ihas entered •
into negotiations with Hoag Hospital for the acquisition of
CalTrans East. Adoption of detailed zoning and approval of a ten-
tative tract map on CalTrans West shall not occur until CalTrans
offers satisfactory evidence that it will restrict access from
CalTrans East to Coast Highway.
4. Upon approval of GPA 82 -1 (of which the proposed project is
included) by the City Council, CalTrans will enter into an agree-
ment to dedicate to the City of Newport 'Beach the property
required for the realignment of Superior Avenue.
(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) Potential mitigation measures or project alternatives not incorporated
into the project were rejected as infeasible, 'based on economic,
social and other considerations as set forth in the Statement of
Facts, the Final EIR, and listed below:
1. At the general plan level of analysis, the site specific impacts
of a proposed project cannot be determined in detail. Precise
definition of impacts and corresponding mitigation measures
requires detailed project information (i.e., grading plans, site
Plans, engineering data, etc.) which shall be provided prior to
implementation of any development.
(d) Any remaining, unavoidable significant effect is acceptable when
balanced against facts set forth above and in the Statement of
Overriding Considerations made below, giving greater weight to the
remaining, unavoidable significant effect.
•
• Impact
The project will
source pollutants.
Findings
AIR QUALITY
create an incremental increase in stationary and mobile
(a) Changes and other measures have been included in the project or are
otherwise being implemented which mitigate this significant
environmental effect, in that:
1. The grading permits shall include a description of haul routes,
access points to the site, and watering and sweeping programs
designed to.minimize impacts of haul operation.
2. The project will contribute to circulation system improvements to
ease peak traffic flow and reduce congestion.
3. The project will incorporate mandatory energy conservation
requirements thereby reducing the need for combustion of fossil
fuels and resultant pollutant emissions.
(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) Potential mitigation measures or project alternatives not incorporated
into the project were rejected as infeasible, based on economic,
social and other considerations as set forth in the Statement of
Facts, the Final EIR, and listed below:
1. At the general plan, level of analysis, the site specific impacts
• of a proposed project cannot be determined in detail. Precise
definition of impacts and corresponding mitigation measures
17
requires detailed project information (i.e.,
plans, engineering data, etc.) which shall
implementation of any development.
ading plans, site
provided prior to
2. Air quality in the project site vicinity is generally good quality
due to proximity to the coast and prevailing wind patterns. Miti-
gation of air quality impacts is, in part the responsibility of
another agency as noted below:
a. The implementation of the AQMP for the South Coast Air Basin
is the jurisdiction of the AQMD and includes technological
improvements to reduce emissions from both mobile and
stationary sources.
(d) Any remaining, unavoidable significant effect is acceptable when
balanced against facts set forth above and ini the Statement of
Overriding Considerations made below, giving greater weight to the
remaining, unavoidable significant effect. I
NOISE
Impact
Project induced traffic will incrementally increase, noise along major
arterials serving the site and vicinity. i
Findings
(a) Changes and other measures have been included in the project or are
otherwise being implemented which mitigate this significant
environmental effect, in that:
I. The City of Newport Beach requires that noise', levels in exterior
living areas (yards and .patios) for residential land uses not
exceed 65 CNEL. In addition, the State of California requires
that all multi - family residential projects meet the California
Noise Insulation Standard (California Administrative Code, Title
to.
ii
•
r
25, Chapter 1, Subchapter 1, Article 4) which requires that
is interior noise levels in residential living spaces not exceed a
CNEL of 45. The City of Newport Beach also applies this standard
to all single - family residential projects.
•
2. The cumulative noise impacts of regional growth on the Eastbluff
area have been evaluated and a Jamboree Road noise wall fund has
been established to mitigate those impacts.
3. The cumulative noise impacts of regional growth on Coast Highway
in the West Newport area and Irvine Terrace area will be evaluated
and Coast Highway noise wall funds have been established to
mitigate those impacts.
(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) Potential mitigation measures or project alternatives not incorporated
into the project were rejected as infeasible, based on economic,
social and other considerations as set forth in the Statement of
Facts, the Final EIR, and listed below:
1. At the general plan level of analysis, the site specific impacts
of a proposed project cannot be determined in detail. Precise
definition of impacts and corresponding mitigation measures
requires detailed project information (i.e., grading plans, site
plans, engineering data, etc.) which shall be provided prior to
implementation of any development.
(d) The remaining, unavoidable significant effect is acceptable when
balanced against facts set forth above and in the Statement of
Overriding Considerations made below, giving greater weight to the
remaining, unavoidable significant effect.
1 9
PUBLIC SERVICES /UTILITIES
Impact •
The proposed project will incrementally increase demand for public
services /utilities including police and fire protection, ambulance
services, hospitals, education facilities, solid waste disposal, water
supply, wastewater disposal, electricity, natural gas, and telephone.
Findings
(a) Changes and other measures have been included in, the project or are
otherwise being implemented which mitigate! this significant
environmental effect, in that:
1. A lighting plan will be submitted for review by the Police
Department at the tentative tract stage of planning for the study
area. This is to ensure adequate lighting of pedestrian walkways
and parking areas.
2. The provision of adequate fire flow will be required by the Fire
Department at the tentative tract map stage.
3. Structures will be equipped with fire suppressor systems as
required by code.
4. A program shall be devised in the city for the sorting and pickup
of disposal of recyclable material separated from other soild
waste.
5. Prior to construction of any project, the availability of water
and wastewater collection and treatment shall be verified by the
serving agency.
6. A watering system should be designed which minimizes water •
consumption (e.g., drip irrigation or tensiometers).
McirW
•
•
7. Drought - resistant vegetation should be planted as appropriate.
8. Standard water - saving devices should be used as appropriate.
9. Project construction will conform with State Energy Conservation
Standards as described in California Administrative Code, Title
24, Park 6, Division T -20, Chapter 2.
10. All new structures will comply with applicable building code
requirements.
(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) Potential mitigation measures or project alternatives not incorporated
into the project were rejected as infeasible, based on economic,
social and other considerations as set forth in the Statement of
Facts, the Final EIR, and listed below:
1. At the general plan level of analysis, the site specific impacts
of a proposed project cannot be determined in detail. Precise
definition of impacts and corresponding mitigation measures
requires detailed project information (i.e., grading plans, site
plans, engineering data, etc.) which shall be provided prior to
implementation of any development.
2. Given the project's urban location, adequate capacity is generally
available for the requisite public services and utilities. "Will -
serve" letters will be obtained prior to approval of tentative
tract maps for the subject project.
(d) The remaining, unavoidable significant effect is acceptable when
balanced against facts set forth above and in the Statement of
Overriding Considerations made below, giving greater weight to the
remaining, unavoidable significant effect.
a/
ENERGY CONSERVATION
Impact
The proposed project will increase demand for energy resources.
Findings
(a) Changes and other measures have been included in the project or are
otherwise being implemented which mitigate 'this significant
environmental effect, in that:
1. All new structures will comply with appli-caible building code
requirements.
2. Project construction will conform with State Energy Conservation
Standards as described in the California Administrative Code,
Title 24, Part 6, Division T -20, Chapter 21 (i.e., insulation
techniques, water heating system controls, outside air cooling
systems, window glazing, "air- tight" construction of buildings,
etc.).
(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) Potential mitigation measures or project alternatives not incorporated
Into the project were rejected as infeasible, based on' economic,
social and other considerations as set forth in the Statement of
Facts, the Final EIR, and listed below:
1. At the general plan level of analysis, the site specific impacts
of a proposed project cannot be determined in detail. Precise
definition of impacts and corresponding militigation measures
requires detailed project information (i.e., grading plans, site
Plans, engineering data, etc.) which shall be ,provided prior to
implementation of any development.
is
(d) The remaining, unavoidable significant effect is acceptable when
• balanced against facts set forth above and in the Statement of
Overriding Considerations made below, giving greater weight- to the
remaining, unavoidable significant effect.
•
AESTHETICS
Impact
The proposed project will change the character of the site from vacant
land to residential uses, and may affect views from Newport Crest.
Findings
(a) Changes and other measures have been included in the project or are
otherwise being implemented which mitigate this significant
environmental effect, in that:
1. Development of the project site shall include a landscape plan
subject to approval by the Planning Department and the Parks,
Beaches, and Recreation Department.
2. The project shall be designed so that existing views of ocean and
bay shall be preserved for a line -of -site four feet above the
lower balcony level of a Newport Crest residence.
(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) Potential mitigation measures or project alternatives not incorporated
into the project were rejected as infeasible, based on economic,
social and other considerations as set forth in the Statement of
Facts, the Final EIR, and listed below:
023
I i
1. At the general plan level of analysis, the site specilfic impacts
of a proposed project cannot: be determined in detain. Precise •
definition of impacts and corresponding mitigation measures
requires detailed project information (i.e., grading plans, site
Plans, engineering data, etc.), which shall be provided prior to
implementation of any development.
2. The land use and density of the proposed project will be similar
to that of surrounding existing and planned land uses.
(d) The remaining, unavoidable significant effect is acceptable when
balanced against facts set forth above and in the Statement of
Overriding Considerations made below, giving greater weight to the
remaining, unavoidable significant effect.
RECREATION /OPEN SPACE
Impact
New residents added by the project will increase demand for recreation
facilities /opportunities in the area.
Findings
(a) Changes and other measures have been included in the project or are
otherwise being implemented which mitigate this significant
environmental effect, in that:
1. Development of the project site shall include a landscape plan
subject to the approval of the Planning Department and the Parks,
Beaches and Recreation Department. .
2. Prior to approval of tentative tract map's for residential
developments, applicants are required to meet all City policies
regarding park dedication and /or in lieu fees.
•
M
3. CalTrans West will be required to comply with the park dedication
• ordinance. A park of at least five acres in size is to be de-
veloped between Coast Highway, Superior Avenue, 15th Street (ex-
tended), and Bluff Road (Balboa Boulevard extended). The specific
size, location, design, and the means to acquire and develop the
park will be determined at the time of approval of the tentative
tract maps for CalTrans West and /or the adjacent Banning- Newport
Ranch residential developments.
4. A view park of tl acre shall be located onsite and shall partially
satisfy the requirements for park dedication contained in Chapter
19.50 of the Newport Beach Municipal Code.
5. A pedestrian and bicycle easement shall be developed to connect
the view park with the neighborhood park. The easement shall, as
much as possible, be located to take advantage of ocean and bay
views. Precise location and design shall be determined at the
time of approval of the tentative tract map.
6. The applicant or succesor in interest shall participate in 50% of
all costs related to the provision of a pedestrian and bicycle
bridge over Superior Avenue at a point to be determined in
conjunction with the location of the view park at the time of
approval of the tentative tract map.
7. A landscaped greenbelt shall be established adjacent to Newport
Crest. The greenbelt shall be a minimum of 30 feet wide and be
maintained by the applicant or successor in interest. Park credit
shall not be given for the greenbelt.
(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.
C26
i
(c) Potential mitigation measures or project alternatives not incorporated
into the project were rejected as infeasible, used on economic, •
social and other considerations as set forth in the Statement of
Facts, the Final EIR, and listed below:
1. At the general plan level of analysis, the site specific impacts
of a proposed project cannot, be determined in detail. Precise
definition of impacts and corresponding mitigation measures
requires detailed project information (i.e., grading plans, site
plans, engineering data, etc..) which shall be provided prior to
implementation of any development.
(d) Any remaining, unavoidable significant effect is acceptable when
balanced against facts set forth above and im the Statement of
Overriding Considerations made below, giving greater weight to the
remaining, unavoidable significant effect.
U
10.
• BIG CANYON AREA 16
LANDFORM & GEOLOGY
Impact
Landforms will be modified by project development.
Findings
(a) Changes and other measures have been included in the project or are
otherwise being implemented which mitigate this significant
environmental effect, in that:
1. Development of the site shall be subject to a grading permit to be
approved by the Building and Planning Departments.
2. Erosion,- siltation, and dust control plans shall be prepared by a
civil engineer (based on recommendations of a soil engineer and an
engineering geologist) subsequent to the completion of comprehen-
sive soil and geologic investigations of the site. Permanent
reproducible copies of the "Approved as Built" grading plans on
standard -size sheets shall be furnished to the Building
Department.
3. Prior to issuance of building permits, specific soils and
foundation studies will be prepared.
(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) Potential mitigation measures or project alternatives not incorporated
• into the project were rejected as infeasible, based on economic,
social and other considerations as set forth in the Statement of
Facts, the Final EIR, and listed below:
C� 7
i
1. At the general plan level of analysis, the site specific impacts
of a proposed project cannot be determined in detai'll. Precise
definition of impacts and corresponding mitigation measures
requires detailed project information (i.e., grading plans, site
plans, engineering data, etc.) which shall be provided prior to
implementation of any development.
2. Project alternatives, of different densities would result in
similar landform impacts. No development would allow continued
erosion and sedimentation impacts.
(d) The remaining, unavoidable significant effect is acceptable when
balanced against facts set forth above and in the Statement of
Overriding Considerations made below, giving greater weight to the
remaining, unavoidable significant effect.
HYDROLOGY
Impact
Development of the site will result in short -term increases in sedimenta-
tion and long -term, incremental increases in urban pollutants' and storm -
water runoff rates and volumes.
Findings
(a) Changes and other measures have been included in the project or are
otherwise being implemented which mitigate this significant
environmental effect, in that:
1. The velocity of concentrated runoff from the developments shall be
evaluated and erosive velocities controlled as part'of project
design, including areas immediately adjacent to'the site.
2. Erosion, siltation, and dust control plans shall be prepared by
the applicants and approved by the Building Department. A copy •
will be forwarded to the California Regional Water Quality Board,
Santa Ana Region.
M
• 3. Existing onsite drainage facilities shall be improved or upgraded
to the satisfaction of the City.
4. Exposed slopes shall be planted as soon as possible to reduce
erosion potential.
5. 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.
6. All parking and other onsite paved surfaces shall be routinely
vaccum -swept and cleaned to reduce debris and pollutants carried
into the drainage system.
7. Landscape and irrigation plans for all common areas shall be
prepared by a licensed landscape architect. Said plans shall
include a maintenance program which controls the use of
organophosphates and pesticides.
(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) Potential mitigation measures or project alternatives not incorporated
into the project were rejected as infeasible, based on economic,
social and other considerations as set forth in the Statement of
Facts, the Final EIR, and listed below:
1. At the general plan level of analysis, the site specific impacts
of a proposed project cannot be determined in detail. Precise
definition of impacts and corresponding mitigation measures
requires detailed project information (i.e., grading plans, site
plans, engineering data, etc.) which shall be provided prior to
isimplementation of any development.
2. Alternatives to the proposed project would create similar hydro-
logic impacts. No development would reduce or eliminate the
M"
�I
introduction of urban pollutants but would �esult i'in long -term
sedimentation impacts. The "no project" alternative would reduce
the amount of storm water runoff due to vegetated open space.
(d) The remaining, unavoidable significant effect is acceptable when
balanced against facts set forth above and inl, the Statement of
Overriding Considerations made below, giving greater weight to the
remaining, unavoidable significant effect.
BIOLOGICAL RESOURCES
Impact
Existing vegetation including two remnant riparian areas will be removed
prior to proposed development.
Findings
(a) Changes and other measures have been included in the project or are
otherwise being implemented.. which mitigate this significant
environmental effect, in that:
1. A preliminary grading concept :plan will be! submitted at the
tentative tract map and /or P -C zoning stages of approval.
2. Erosion, siltation and dust control plans shall, be approved by the
City prior to development.
3. Landscape and irrigation plans for all common areas shall be
prepared by a licensed landscape architect.
4. Exposed slopes shall be planted as soon as possible.
•
(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.
30
• (c) Potential mitigation measures or project alternatives not incorporated
into the project were rejected as infeasible, based on economic,
social and other considerations as set forth in the Statement of
Facts, the Final EIR, and listed below:
1. At the .general plan level of analysis, the site specific impacts
of a proposed project cannot be determined in detail. Precise
definition of impacts and corresponding mitigation measures
requires detailed project information (i.e., grading plans, site
plans, engineering data, etc.) which shall be provided prior to
implementation of any development.
2. Density variation alternatives would not demonstrably change the
impact on existing biota. No development or "no- action" could
preserve limited riparian resources however, the biological
consultant noted that these areas are isolated remnants containing
little inherent value or relationship to offsite associations.
(d) The remaining, unavoidable significant effect is acceptable when
balanced against facts set forth above and in the Statement of
Overriding Considerations made below, giving greater weight to the
remaining, unavoidable significant effect.
CULTURAL /SCIENTIFIC RESOURCES
Impact
Potential paleontological resources may exist onsite.
Findings
(a) Changes and other measures have been included in the project or are
otherwise being implemented which mitigate this significant
environmental effect, in that:
• 1. It shall be the responsibility of a landowner or developer prior
to the commencement of land development to cause the proposed site
31
to be examined to determine the existence and archaeo-
logical/paleontological resources. The examihation shall be by •
qualified observers, approved by the City. the observers shall
prepare and submit to the City a written) report) describing
findings and making recommendations for further action. The
report shall discuss both positive and negative aspects of the
effects of the proposed development on archaeological/
paleontological resources.
(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) Potential mitigation measures or project alternatives not incorporated
into the project were rejected as infeasible, based on economic,
social and other considerations as set forth in the Statement of
Facts, the Final EIR, and listed below:
1. At the general plan level of analysis, the site specific impacts
of a proposed project cannot be determined in detail. Precise
definition of impacts and corresponding mitigation measures
requires detailed project information (i.e., grading plans, site
plans, engineering data, etc.) which shall be provided prior to
implementation of any development.
(d) The remaining, unavoidable significant effect is acceptable when
balanced against facts set forth above and in' the Statement of
Overriding Considerations made below, giving greater weight to the
remaining, unavoidable significant effect.
LAND USES /LAND USE PLANS
Impact
The proposed project is not consistent with the existing Land Use, •
Residential Growth, Recreation and Open Space Elements of the Newport
Beach General Plan.
3.;1--
Findings
(a) Changes and other measures have been included in the project or are
otherwise being implemented which mitigate this significant
environmental effect, in that:
1. All general plan elements will be amended in accordance with the
proposed project thereby correcting any inconsistencies in
existing plans /policies.
DEMOGRAPHICS
Impact
The project will add approximately 87 additional dwelling units to the
City's housing stock and increase population by approximately 196 persons.
Findings
(a) Potential mitigation measures or project alternatives not incorporated
into the project were rejected as infeasible, based on economic,
social and other considerations as set forth in the Statement of
Facts, the Final EIR, and listed below:
1. The project will increase housing opportunities in the City
consistent with the Program and Performance Objectives of the
City's Housing Element including a required commitment of 10% of
the total units be constructed onsite or offsite and be affordable
to low and moderate income families under city standards.
(b) The remaining, unavoidable significant effect is acceptable when
balanced against facts set forth above and in the Statement of
Overriding Considerations made below, giving greater weight to the
remaining, unavoidable significant effect.
33
r
Impact
The proposed
day.
Findings
TRANSPORTATIONJCIRCULATION
project will generate approximately 740 vehicle trips per
(a) Changes and other measures have been included in the project or are
otherwise being implemented which mitigate this significant
environmental effect, in that:
1. The City requires all development projects over 10 dwelling units
or 10,000 square feet to comply with the Traffic Phasing Ordinance
(TPO). Prior to approval of zones changes or tentative tract maps
for individual projects within GPA 81 -2, applicants will be
required to obtain necessary TPO approval,
2. At the time of future discretionary, action the project shall be
required to contribute a sum equal to their fair share of future
circulation system improvements as shown on the City's Master Plan
of Streets and Highways and any other mitigation (measures as
required.
(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) Potential mitigation measures or project alternatives not 'incorporated
into the project were rejected as infeasible, (based on economic,
social and other considerations as set forth in the Statement of
Facts, the Final EIR, and listed below:
1. At the general plan level of analysis, the site specific impacts
of a proposed project cannot be determined in detail. Precise
definition of impacts and corresponding mitigation measures
34
r.
requires detailed project information (i.e., grading plans, site
® plans, engineering data, etc.) which shall be provided prior to
implementation of any development.
(d) The remaining, unavoidable significant effect is acceptable when
balanced against facts set forth above and in the Statement of
Overriding Considerations made below, giving greater weight to the
remaining, unavoidable significant effect.
AIR QUALITY
Impact
The project will create on incremental increase in stationary and mobile
source pollutants.
Findings
(a) Changes and other measures have been included in the project or are
otherwise being implemented which mitigate this significant
environmental effect, in that:
1. The grading permits shall include a description of haul routes,
access points to the site, and watering and sweeping programs
designed to minimize impacts of haul operation.
2. The project will contribute to circulation system improvements to
ease peak traffic flow and reduce congestion.
3. The project will incorporate mandatory energy conservation
requirements thereby reducing the need for combustion of fossil
fuels and resultant pollutant emissions.
(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.
35
(c) Potential mitigation measures or project alternatives not lincorporated
into the project were rejected as infeasible, based on economic, •
social and other considerations as set forth in the Statement of
Facts, the Final EIR, and ,listed below:
1. Air quality in the project site vicinity is generally good quality
due to proximity to the coast and prevailing wind patterns.
Mitigation of air quality impacts is, in part; the responsibility
of another agency as noted below:
I
a. The implementation of the AQMP for the South Coast Basin is
the jurisdiction of the AQMO and includes technological
improvements to reduce emissions from both mobile and
stationary sources.
(d) The remaining, unavoidable significant effect is acceptable when
balanced against facts set forth above and inl the Statement of
Overriding Considerations made below, giving greater weight to the
remaining, unavoidable significant effect.
NOISE
Impact
Project induced traffic will incrementally increase', noise along major
arterials serving the site and vicinity.
Findings I
I
(a) Changes and other measures have been included in 'the project or are
otherwise being implemented which mitigate I this significant
environmental effect, in that:
1. The City of Newport Beach requires that noise', levels in exterior
living areas (yards and patios) for residential land uses not
exceed 65 CNEL. In addition, the State of California requires •
that all multi - family residential projects meet the California
.3Co
Noise Insulation Standard (California Administrative Code, Title
• 25, Chapter 1, Subchapter 1, Article 4) which requires that
interior noise levels in residential living spaces not exceed a
CNEL of 45. The City of Newport Beach also applies this standard
to all single- family residential projects.
2. The cumulative noise impacts of regional growth on the Eastbluff
area have been evaluated and a Jamboree Road noise wall fund has
been established to mitigate those impacts.
3. The cumulative noise impacts of regional growth on Coast Highway
in the West Newport area and Irvine Terrace area will be evaluated
and Coast Highway noise wall funds have been established to
mitigate those impacts.
(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) Potential mitigation measures or project alternatives not incorporated
into the project were rejected as infeasible, based on economic,
social and other considerations as .set forth in the Statement of
Facts, the Final EIR, and listed below:
1. At the general plan level of analysis, the site specific impacts
of a proposed project cannot be determined in detail. Precise
definition of impacts and corresponding mitigation measures
requires detailed project information (i.e., grading plans, site
plans, engineering data, etc.) which shall be provided prior to
implementation of any development.
(d) The remaining, unavoidable significant effect is acceptable when
balanced against facts set forth above and in the Statement of
• Overriding Considerations made below, giving greater weight to the
remaining, unavoidable significant effect.
37
PUBLIC SERVICES /UTILITIES
Impact
The proposed project will incrementally increase Idemand for public
services /utilities including police and fire protection, ambulance
services, hospitals, education facilities, solid waste disposal, water
supply, wastewater disposal, electricity,.natural gas, and telephone.
Findings
(a) Changes and other measures have been included in the project or are
otherwise being implemented which mitigate this significant
environmental effect, in that:
1. A lighting plan will be submitted for review by the Police
Department at the tentative tract stage of planning for each of
the study areas. This is to ensure adequate lighting of
pedestrian walkways and parking areas.
2. The provision of adequate fire flow will be required by the Fire
Department at the tentative tract map stage.
3. Structures will be equipped with fire suppressor systems as
required by code.
4. A program shall be devised in the city for the sorting and pickup
of disposal of recyclable material separated from other soild
waste.
5. Prior to construction of any project, the availability of water
and wastewater collection and treatment shall be verified by the
serving agency.
6. A watering system. should be designed which minimizes water
consumption (e.g., drip irrigation or tensiometers).
7. Drought- resistant vegetation should be planted as appropriate.
3
a �
•
8. Standard water - saving devices should be used as appropriate.
• 9. Project construction will conform with State Energy Conservation
Standards as described in California Administrative Code, Title
24, Park 6, Division T -20, Chapter 2.
10. A11 new structures will comply with applicable building code
requirements.
(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) Potential mitigation measures or project alternatives not incorporated
into the project were rejected as infeasible, based on economic,
social and other considerations as set forth in the Statement of
Facts, the Final EIR, and listed below:
1. At the general plan level of analysis, the site specific impacts
of a proposed project cannot be determined in detail. Precise
definition of impacts and corresponding mitigation measures
requires detailed project information (i.e., grading plans, site
plans, engineering data, etc.) which shall be provided prior to
implementation of any development.
2. Given the project's urban location, adequate capacity is generally
available for the requisite public services and utilities: "Will -
serve" letters will be obtained prior to approval of tentative
tract maps for the subject project.
(d) The remaining, unavoidable significant effect is acceptable when
balanced against facts set forth above and in the Statement of
Overriding Considerations made below, giving greater weight to the
• remaining, unavoidable significant effect.
M
i
III
ENERGY CONSERVATION
Impact
The proposed project will increase demand for energy resources..
Findings
(a) Changes and other measures have been included in the project or are
otherwise being implemented which mitigate ' this significant
environmental effect, in that:
1. Al new structures will comply with applicable building code
requirements.
2. Project construction will conform with State Energy Conservation
Standards as described in the California Administrative Code,
Title 24, Part 6, Division T -20, Chapter 2I (i.e., insulation
techniques, water heating system controls, outside air cooling
systems, window glazing, "air- tight" construction of buildings,
etc.).
(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) Potential mitigation measures or project alternatives not incorporated
into the project were rejected as infeasible, based on economic,
social and other considerations as set forth in the Statement of
Facts, the Final EIR, and listed below:
•
1. At the general plan level of analysis, the site specilfic impacts
of a proposed project cannot be determined in detail. Precise
definition of impacts and corresponding mitigation measures •
requires detailed project information (i.e., grading plans, site
plans, engineering data, etc.) which shall be provided prior to
implementation of any development.
(d) The remaining, unavoidable significant effect is acceptable when
balanced against facts set forth above and in the Statement of
Overriding Considerations made below, giving greater weight to the
remaining, unavoidable significant effect.
AESTHETICS
Impact
The proposed project will change the character of the site from vacant
land to residential uses.
Findings
(a) Changes and other measures have been included in the project or are
otherwise being implemented which mitigate this significant
environmental effect, in that:
1. Development of the project site shall include a landscape plan
subject to approval by the_ Planning Department and the Parks,
Beaches, and Recreation Department.
(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) Potential mitigation measures or project alternatives not incorporated
into the project were rejected as infeasible, based on economic,
social and other considerations as set forth in the Statement of
Facts, the Final EIR, and listed below:
I. At the general plan level of analysis, the site specific impacts
of a proposed project cannot be determined in detail. Precise
definition of impacts and corresponding mitigation measures
• requires detailed project information (i.e., grading plans, site
plans, engineering data, etc.) which shall be provided prior to
implementation of any development.
¢t
2. The density of the proposed
surrounding residential areas.
project will be
(d) The remaining, unavoidable significant effe
balanced against facts set forth above an
Overriding Considerations made below, giving
remaining, unavoidable significant effect.
RECREATION /OPEN SPACE
Impact
I
similar, to that of
t is accelptable when
in the Statement of
greater weight to the
New residents added by the project will increase demand for recreation
facilities /opportunities in the area.
Findings
(a) Changes and other measures have been included in the project or are
otherwise being implemented which mitigate this 'significant
environmental effect, in that:
1. Development of the site shall include a landscape plan subject to
the approval of the Planning Department and the Parks, Beaches and
Recreation Department.
2. Prior to approval of tentative tract maps for residential
developments, applicants are required to meet all City policies
regarding park dedication and /or in lieu fees.
3. Prior to the approval by the City of any future discretionary
actions (i.e., zoning and tentative tract), the question of park
credits, development rights and ownership of the Mouth of Big
Canyon shall be resolved.
(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.
4�.9-
• (c) Potential mitigation measures or project alternatives not incorporated
into the project were rejected as infeasible, based on economic,
social and other considerations as set forth in the Statement of
Facts, the Final EIR, and listed below:
•
1. At the general plan level of analysis, the site specific impacts
of a proposed project cannot be determined in detail. Precise
definition of impacts and corresponding mitigation measures
requires detailed project information (i.e., grading plans, site
plans, engineering data, etc.) which shall be provided prior to
implementation of any development.
2. As a result of the Coastal Development Permit for the Backbay
gravity sewer line and with the adoption of the Local Coastal
Program Land Use Plan it is the policy of the City of Newport
Beach that a determination regarding the disposition of the Mouth
of Big Canyon be made in association with the establishment of a
site for additional residential development in the Big Canyon
Planned Community.
(d) The remaining, unavoidable significant effect is acceptable when
balanced against facts set forth above and in the Statement of
Overriding Considerations made below, giving greater weight to the
remaining, unavoidable significant effect.
MY
0
BLOCK 400 - NEWPORT CENTER
LAND USES /LAND USE PLANS •
Impact
The proposed project is not consistent with the existing' Land Use Element.
Findings
(a) Changes and other measures have been included in the project or are
otherwise being implemented which mitigate Ithis significant
environmental effect, in that:
1. The Land Use Element will be amended in accordance with the
proposed project thereby correcting any inconsistencies in
existing plans /policies.
DEMOGRAPHICS
Impact
The project project will generate employment opportunties and related
demand for housing.
Findings
(a) Potential mitigation measures or project alternatives not incorporated
into the project were rejected as infeasible, based on economic,
social and other considerations as set forth in the Statement of
Facts, the Final EIR, and listed below:
1. Alternatives to the ,project including "no- project ", a reduced
project, theater use, or residential would mitigate the demand for •
housing however, employment opportunities would be reduced. In
addition, the level of medical service (including emergency treat-
ment) provided to residents east of Newport Bay would either be
• reduced or not provided at all.
(b) The remaining, unavoidable significant effect is acceptable when
balanced against facts set forth above and in the Statement of
Overriding Considerations made below, giving greater weight to the
remaining, unavoidable significant effect.
TRANSPORTATION /CIRCULATION
Impact
The proposed project will generate approximately 3,600 additional vehicle
trips per day.
Findings
(a) Changes and other measures have been included in the project or are
otherwise being implemented which mitigate this significant
environmental effect, in that:
1. The City requires all development projects over 10 dwelling units
or 10,000 square feet to comply with the Traffic Phasing Ordinance
(TPO). Prior to approval of zones changes or tentative tract maps
for individual projects within GPA 81 -2, applicants will be
required to obtain necessary TPO approval.
2. At the time of future discretionary actions the project shall be
required to contribute a sum equal to their fair share of future
circulation system improvements as shown on the City's Master Plan
of Streets and Highways and any other mitigation measures as
required.
3. Development shall be subject to further revview and approval of a
• use permit.
(b) All significant environmental effects that can feasibly be avoided
have been eliminated or substantially lessened by virtue of mitigation
¢s
measures identified in the Final EIR and incorporated into the project
as set forth above.
(c) Potential mitigation measures or project alternatives not (incorporated
into the project were rejected as infeasible, based on economic,
social and other considerations as set forth in the Statement of
Facts, the Final EIR, and listed below:
1. At the general plan level of analysis, the site specific impacts
of a proposed project cannot be determined in detail. Precise
definition of impacts and corresponding mitigation measures
requires detailed project information (i.e., grading plans, site
plans, engineering data, etc.) which shall be provided prior to
implementation of any development.
(d) The remaining, unavoidable significant effect is acceptable when
balanced against facts set forth above and in the Statement of
Overriding Considerations made below, giving greater weight to the
remaining, unavoidable significant effect.
AIR QUALITY
impact
The project will create an incremental increase in stationary and mobile
source pollutants.
Findings
(a) Changes and other measures have been included in the project or are
otherwise being implemented which mitigate i this significant
environmental effect, in that:
1. Grading permits shall include a description haul routes, access
points to the site, .end watering and sweeping programs designed to
minimize the release of particulates during construction.
0
0
•
2. The project will contribute to circulation system improvements to
ease peak traffic flow and reduce congestion.
3. The project will incorporate mandatory energy conservation
features thereby reducing the need for combustion of fossil fuels
and resultant pollutant emissions.
(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) Potential mitigation measures or project alternatives not incorporated
into the project were rejected as infeasible, based on economic,
social and other considerations as set forth in the Statement of
Facts, the Final EIR, and listed below:
1. Air quality in the project vicinity is generally good quality due
to proximity to the coast and prevailing wind patterns.
Mitigation of air quality impacts is, in part, the responsibility
of another agency as noted below:
a. The implementation of the AQMP for the South Coast Basin is
the jurisdiction of the AQMD and includes technological
improvements to reduce omissions from both mobile and
stationary sources.
(d) The remaining, unavoidable significant effect is acceptable when
balanced against facts set forth above and in the Statement of
Overriding Considerations made below, giving greater weight to the
remaining, unavoidable significant effect.
NOISE
Impact
• Project induced traffic will incrementally increase noise along major
arterials serving the site and vicinity.
Findings
(a) Changes and other measures have been included inl the project or are
otherwise being implemented which mitigate this significant
environmental effect, in that:
1. The cumulative noise impacts of regional growth on the Eastbluff
area have been evaluated and a Jamboree road Inoise wall fund has
been established to mitigate those impacts.
2. The cumulative noise impacts of regional growth on Coast Highway
in the West Newport area and the Irvine Terrace area will be
evaluated and Coast Highway noise wall fundshave been established
to mitigate those impacts.
(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) Potential mitigation measures or project alternatives not incorporated
into the project were rejected as infeasible, .based on economic,
social and other considerations as set forth ijn the Statement of
Facts, the Final EIR, and listed below:
1. At the general plan level of analysis, the site specific impacts
of a proposed project cannot be determined in detail. Precise
definition of impacts and corresponding mitigation -measures
requires detailed project information (i.e., igrading plans, site
plans, engineering data, etc.) which shall be provided prior, to
implementation of any development.
(d) The remaining, unavoidable significant effect 'is acceptable when
balanced against facts set forth above and in the Statement of
Overriding Considerations made below, giving greater weight to the
remaining, unavoidable significant effect.
40
•
•
PUBLIC SERVICES /UTILITIES
Impact
The proposed project will incrementally increase demand for public
services /utilities including police and fire protection, ambulance
services, hospitals, solid waste disposal, water supply, wastewater
disposal, electricity, natural gas, and telephone.
Findings
(a) Changes and other measures have been included in the project or are
otherwise being implemented which mitigate this significant
environmental effect, in that:
1. A lighting plan will be submitted for review by the Police
Department at the tenatative tract stage of planning for each of
the study areas. This is to ensure adequate lighting of
pedestrian walkways and parking areas.
2. The provision of adequate fire flow will be required by the Fire
Department at the building permit stage of development.
3. Structures will be equipped with fire suppressor systems as
required by code.
4. A program shall be devised in the city for the sorting and pickup
or disposal of recyclable material separated from other solid
waste.
5. Prior to construction of any project, the availability of water
and wasterwater collection and treatment shall be verified by the
serving agency.
• 6. A watering system should be designed which minimizes water
consumption (e.g,, drip irrigation or tensiomemters).
7. Drought- resistant vegetation should be planted as appropriate.
0
8. Standard water - saving devices should be used as appropriate. •
9. Project construction will conform with State Energy) Conservatin
Standards as described in California Administrative Code, Title
24, Part 6, Division T -20, Chapter 2.
10. All new structures will comply with applicable building code
requirements.
(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) Potential mitigation measures or project alternatives not incorporated
into the project were rejected as infeasible,' based on economic,
social and other considerations as set forth in the Statement of
Facts, the Final EIR, and listed below:
1. At the general plan level . ,of analysis, the site specific impacts
of a proposed project cannot be determined in detail. Precise
definition of impacts and corresponding mitigation measures
requires detailed project information (i.e., grading plans, site
plans, engineering data, etc.) which shall be provided prior to
implementation of any development.
2. Given the project's urban location, adequate capacity is generally
available for the requisite public services and utilities. "W'ill-
serve" letters will be obtained prior to approval', of building
permits for the subject project.
(d) The remaining, unavoidable significant effect is acceptable when
balanced against facts set forth above and in the Statement of
Overriding Considerations made below, giving greater weight to the
remaining, unavoidable significant effect. is
Wi
WZM
ENERGY CONSERVATION
Impact
The proposed project will increase demand for energy resources.
Findings
(a) Changes and other measures have been included in the project or are
otherwise being implemented which mitigate this significant
environmental effect, in that:
1. All new structures will comply with applicable building code
requirements.
2. Project construction will conform with State Energy Conservation
Standards as described in the California Administrative Code,
Title 24, Part 6, Division T -20; Chapter 2 (i.e., insulation
techniques, water heating system controls, outside air cooling
systems, window glazing, . "air- tight." construction of, buildings,
etc.).
(b) A1.1 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) Potential mitigation measures or project alternatives not incorporated
into the project were rejected as infeasible, based on economic,
social and other considerations as set forth in the Statement of
Facts, the Final EIR, and listed below:
1. At the general plan level of analysis, the site specific impacts
of a proposed project cannot be determined in detail. Pretise
• definition of impacts and corresponding mitigation measures
requires detailed project information (i.e., grading plans, site
plans, engineering data, etc.) which shall be provided prior to
implementation of any development.
5/
i .
(d) The remaining, unavoidable significant effect
balanced against facts set forth above and in! th
Overriding Considerations made below, giving greater
remaining, unavoidable significant effect.
s ac
Impact
AESTHETICS
ce'table when
Statement of •
weight to the
The proposed project will add another element to the existing high rise
character of Newport Center and may impair /obstruct views from surrounding
office or residential areas.
Findings
(a) Changes and other measures have been included in the project or are
otherwise being implemented which mitigate this significant
environmental effect, in that:
1. Development shall be subject- to further design review and approval
of a use permit.
(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) Potential mitigation measures or project alternatives not ;incorporated
into the project were rejected as infeasible, ,based on economic,
social and other considerations as set forth in the Statement of
Facts, the Final EIR, and listed below:
1. At the general plan level of analysis, the site specific impacts
of a proposed project cannot be determined in detail. Precise
definition of impacts and corresponding mitigation measures
requires detailed project information (i.e., ,grading plans, site
plans, engineering data, etc.) which shall be provided prior to
implementation of any development.
SI.
r�
�i
(d) The remaining, unavoidable significant effect is acceptable when
• balanced against facts set forth above and in the Statement of
Overriding Considerations made below, giving greater weight to the
remaining, unavoidable significant effect.
0
4
CAMPUS DRIVE OFFICE /INDUSTRIAL
DEMOGRAPHICS
Impact
While reducing ultimate employment levels allowed under the current
General Plan land use designation, the project would create increased
employment opportunities and resultant housing demand over existing
development.
Findings
(a) Potential mitigation measures or project alternatives not incorporated
into the project were rejected as infeasible, based on economic,
social and other considerations as set forth in the Statement of
Facts, the Final EIR, and listed below:
1. Alternatives to the project except for "no- development" would
generate similar levels of. employment. No development is not
considered viable because much of the project area is presently in
a run -down condition with very high vacancy rate. In addition,
the project area is readily accessible to residents, of surround-
ing communities from two major freeways. Finally, the project
will encourage redevelopment of the area and 'provide jobs and tax
revenues for the City,
(b) The remaining, unavoidable significant effect is acceptable when
balanced against facts set forth above and in the Statement of
Overriding Considerations made below, giving greater weight to the
remaining, unavoidable significant effect.
J4
•
r
• TRANSPORTATION /CIRCULATION
Imp
While limiting the amount of traffic generated by the existing General
Plan and zoning designations, the project would allow up to approximately
5,707 additional trips over existing development.
Findings
(a) Changes and other measures have been included in the project or are
otherwise being implemented which mitigate this significant
environmental effect, in that:
1. The City requires all development projects over 10 dwelling units
or 10,000 square feet to comply with the Traffic Phasing Ordinance
(TPO). Prior to approval of zones changes or tentative tract maps
for individual projects within GPA 81 -2, applicants will be
required to obtain necessary TPO approval.
2. At the time of future discretionary actions, individual develop-
ments within the project area shall be required to contribute a
sum equal to their fair share of future circulation system
improvements as shown on the City's Master Plan of Streets and
Highways and any other mitigation measure as required.
(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) Potential mitigation measures or project alternatives not incorporated
into the project were rejected as infeasible, based on economic,
social and other considerations as set forth in the Statement of
• Facts, the Final EIR, acid listed below:
1. At the general plan level of analysis, the s to specific impacts
of a proposed project cannot be determined in detail. Precise
definition of impacts and corresponding mitigation measures
requires detailed project information (i.e., Ilgrading plans, site
plans, engineering data, etc.) which shall be provided prior to
implementation of any development.
2. Industrial and mixed - industrial project alternatives would gene-
rate lower traffic volumes than the proposed project which has a
greater emphasis on office use. However, light industrial use in
the project area has been diminshing for several years' due to land
values and changes in surrounding land use. Redevelopment of the
area for industrial use is not considered viable based on the land
value and land use trends. The "no- development" alternative would
not generate any additional traffic, however, this option was
rejected based on the social and economic considerations noted
under demographics above.
(d) The remaining, unavoidable significant effect is acceptable when
balanced against facts .set forth above and in the Statement of
Overriding Considerations made below, giving greater weight to the
remaining, unavoidable significant effect.
AIR QUALITY
Impact
While limiting air emissions potentially generated under the existing
General Plan, the project will create on incremental increase in
stationary and mobile source pollutants over existing development.
Findings
(a) Changes and other measures have been included in the project or are
otherwise being implemented which mitigate' this significant
environmental effect, in that:
S�2
r1
u
J
r
• 1. Grading permits shall include a description of haul routes, access
points to the site, and watering and sweeping programs designed to
minimize the release of particulate during construction.
2. Individual developments within the project area will contribute to
circulation system improvements to ease peak traffic flow and
reduce congestion.
3. Individual developments within the project area will incorporate
mandatory energy conservation features thereby reducing the need
for combination of fossil funds and resultant pollutant emissions.
(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) Potential mitigation measures or project alternatives not incorporated
into the project were rejected as infeasible, based on economic,
social and other considerations as set forth in the Statement of
Facts, the Final EIR, and listed below:
1. Air quality in the project vicinity is generally good quality due
to proximity to the coast and prevailing wind patterns. Mitiga-
tion of air quality impacts is, in part, the responsibility of
another agency as noted below:
a. The implementation of the AQMP for the South Coast Basin is
within the jurisdiction of the AQMD and includes technological
improvements to reduce emissions from both mobile and
stationary sources.
2. Except for the "no- development" alternative, other project
alternatives would result in similar increases in emission of
• stationary and mobile source air pollutants. These alternatives
were rejected based on the social and economic factors described
above.
57
(d) The remaining, unavoidable significant effect �s
balanced against facts set forth above and in
Overriding Considerations made below, giving great
remaining, unavoidable significant effect.
NOISE
Impact
acceptable when
the Statement of
er weiight to the
While limiting traffic - related noise potentially generated under the
existing General Plan, traffic generated by development allowed under the
project will incrementally increase noise along major arterials serving
the site and vicinity.
Findings
I
(a) Changes and other measures have been included inl the project or are
otherwise being implemented which mitigate this significant
environmental effect, in that:
1. The cumulative noise impacts of regional growth on the Eastbluff
area have been evaluated and a Jamboree Road noise wall fund has
been established to mitigate those impacts.
2. The cumulative noise impacts of regional growth on Coast Highway
in the West Newport area and the Irvine Terrace area will be
evaluated and Coast Highway noise wall funds have been established
to mitigate those impacts.
(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) Potential mitigation measures or project alternatives not incorporated
into the project were rejected as infeasible, based on economic,
social and other considerations as set forth in the Statement of •
Facts, the Final EIR, and listed below:
S8 II
• 1. At the general. plan level of analysis, the site specific impacts
of a proposed project cannot be determined in detail. Precise
definition of impacts and corresponding mitigation measures
requires detailed project information (i.e., grading plans, site
plans, engineering data, etc.) which shall be provided prior to
implementation of any development.
2. .Except for the "no- development" alternative, other project
alternatives would result in similar increases in noise levels
along area arterials. These alternatives including "no-
development", were rejected based on the social and economic
factors described under DEMOGRAPHICS AND TRANSPORTATION/
CIRCULATION above.
(d) The remaining, unavoidable significant effect is acceptable when
balanced against facts set forth above and in the Statement of
Overriding Considerations made below, giving greater weight to the
remaining, unavoidable significant effect.
PUBLIC SERVICES /UTILITIES
Impact
While limiting the demand for public services /utilities potentially
generated under the existing General Plan, new development allowed by the
proposed project will incrementally increase demand for public services
and utilities including police and fire protection, ambulance services,
hospitals, solid waste disposal, water supply, wastewater disposal,
electricity, natural gas, and telephone.
Findings
(a) Changes and other measures have been included in the project or are
otherwise being implemented which mitigate this significant
• environmental effect, in that:
1. A lighting plan will be submitted for review by Ithe Police
Department at the tentative tract stage of planning for each of
the study areas. This is to ensure adequate lilghting and
pedestrian walkways and parking areas.
2. The provision of adequate fire flow will be required by the Fire
Department at the building permit stage of development.
3. Structures will be equipped with fire suppressor systems as
required by code.
4. A program shall be devised in the City for the sorting and pickup
or disposal of recyclable material separated', from other solid
waste.
5. Prior to construction of any project, the availability of water
and wastewater collection and treatment shall be verified by the
serving agency.
6. A watering system should be designed which minimizes water
consumption (e.g., drip irrigation or tensionmeters).
7. Drought- resistant vegetation should be planted as appropriate.
8. Standard water - saving devices should be used as, appropriate.
9. Project construction will conform with State ,Energy Conservation
Standards described in California Administratilve Code, Title 24,
Part 6, Division T -20, Chapter 2.
10. All new structures will comply with applicable building code
requirements.
�J
(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.
LPL
(c) Potential mitigation measures or project alternatives not incorporated
• into the project were rejected as infeasible, based on economic,
social and other considerations as set forth in the Statement of
Facts, the Final EIR, and listed below:
1. At the general plan level of analysis, the site specific impacts
of a proposed project cannot be determined in detail. Precise
definition of impacts and corresponding mitigation measures
requires detailed project information (i.e., grading plans, site
plans, engineering data, etc.) which shall be provided prior to
implementation of any development.
2. Given the project's urban location, adequate capacity is generally
available for the requisite public services and utilities. "Will -
serve" letter will be obtained prior to approval of building
permits for the subject project.
(d) The remaining, unavoidable significant effect is acceptable when
balanced against facts set forth above and in the Statement of
Overriding Considerations made below, giving greater weight to the
remaining, unavoidable significant effect.
ENERGY CONSERVATION
Impact
While limiting the demand for energy resources potentially generated by
the existing General Plan, development allowed by the proposed project
will increase demand for energy resources.
Findings
(a) Changes and other measures have been included in the project or are
otherwise being implemented which mitigate this significant
environmental effect, in that:
1. A11 new structures will comply with applicable building code
requirements.
�O�
2. Project construction will conform with State Energy ,Conservation •
Standards as described in the California Administrative Code,
Title 24, Part 6, Division T -20, Chapter 2 (i.e.,' insultaion
techniques, water heating system controls, outside Iair cooling
systems, window' glazing, "air- tight" construction of buildings,
etc.).
(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) Potential mitigation measures or project alternatives not incorporated
into the project were rejected as infeasible, ,based on economic,
social and other considerations as set forth i'n the Statement of
Facts, the Final EIR, and listed below:
1. At the general plan level of analysis, the s'iite specific impacts
of a proposed project cannot be determined in detail. Precise
definition of impacts and corresponding mitigation measures
requires detailed project information (i.e., grading plans, site
plans, engineering data, etc.) which shall be provided prior to
implementation of any development.
(d) The remaining, unavoidable significant effect is acceptable when
balanced against facts set forth above and in the Statement of
Overriding Considerations made below, giving greater weight_ to the
remaining, unavoidable significant effect.
WIN
CUMULATIVE GPA 81 -2 PROJECTS
•Impact
Considered together, proposed projects within GPA 81 -2 would result in
519,000 additional square feet of office, commercial and industrial usesl
and additional 239 dwelling units than presently allowed under the
existing General Plan. Resultant cumulative impacts include increased
demand for housing, public services and utilities, and increased traffic .
and related air quality and noise effects.
Findings
(a) Changes and other measures have been included in the project or are
otherwise being implemented which mitigate these significant environ-
mental effects, in that:
1. The Caltrans West and Big Canyon Area 16 projects will increase
housing opportunities in the City consistent with the Program and
Performance Objectives of the City's Housing Element. The Cal -
Trans West project includesYa commitment of 20% of the total units
be affordable to low and moderate income households as defined in
the Housing Element, and an additional 10% of the total units be
affordable to low and moderate income households as defined in
Section 50093 of the California Health and Safety Code. The Big
Canyon Area 16 project includes a requirement that 10% of the
total units be constructed on -site or offsite and be affordable to
low and moderate income families under city standards.
1 80,000 square feet of medical office (Block 400) and 439,000 square
feet of mixed office commercial and light industrial uses (Campus
Drive). It should be noted that while 439,000 square feet of
additional development could occur under the proposed GPA overall the
• GPA would result in a reduction of development totalling 5,620,000
square feet as compared to development allowed by the existing general
plan. Such a significant reduction is achieved by lowering the
allowable floor to area ratio (FAR) from approximately 2.0 -3.0 to 0.5.
I
2. The City requires all development projects over 10 dwelling units
or 10,000 square feet to comply with the Traffic Phasing Ordinance •
(TPO). Prior to approval of zones changes or tentative tract maps
for individual projects within GPA 81 -2, iapplican;ts will be
required to obtain necessary TPO approval.
3. At the time of future discretionary actions, a ➢1 projects shall be
required to contribute a sum equal to their fair share of future
circulation system improvements as shown on the City's Master Plan
of Streets and Highways and any other mitigations measures as
required.
4. The projects will contribute to circulation improvements to ease
peak traffic flow and reduce congestion, thereby reducing mobile
source air pollutants.
5. The projects will incorporate mandatory energy conservation
requirements thereby reducing the need for combustion of fossil
fuels and resultant pollutant emissions,
6. The cumulative noise impacts of regional growth on the Eastbluff
area have been evaluated and a Jamboree Roadl,noise wall fund has
been established to mitigate those impacts.
7. The cumulative noise impacts of regional growth on Coast Highway
in the West Newport area and the Irvine Terrace will be evaluated
and Coast Highway noise wall funds have been established to
mitigate those impacts.
8. Prior to approval of tentative tract maps for residential devel-
opments within the Caltrans West of Big Canyon Area 16 sites,
applicants are required to meet all City policies regarding park
dedication and /or in lieu fees.
(b) All significant environmental effects that can 'feasibly be avoided •
have been eliminated or substantially lessened by virture of mitiga-
tion measures identified in the Final EIR and incorporated into the
projects as set forth above.
(2�
(c) Potential mitigation measures or project alternatives not incorporated
• into the projects were rejected as infeasible, based on econoimc,
social and other considerations as set forth in the Statement of
Facts, the Final. EIR, and listed below:
1. Given the projects' urban location, adequate capacity is generally
available for the requisite public services and utilities. "Will -
serve" letters will be obtained prior to approval of tentative
tract maps for the individual projects.
2. Air quality in the Newport Beach area is generally good quality
due to proximity to the coast and prevailing wind patterns.
Mitigation measures of air quality impacts is, in part the
responsibility of another agency as noted below:
a. The implementation of the AQMP for the South Coast Air Basin
is the jurisdiction of the AQMD and includes technological
improvements to reduce emissions from both mobile and
stationary sources.
(d) Any remaining, unavoidable significant effect is acceptable when
balanced against facts set forth above and in the Statement of
Overriding Considerations made below, giving greater weight to the
remaining, unavoidable significant effect.
6!5
XHIBIT "B"
STATEMENT OF OVERRIDING CONSIDERATI
May 9, 1983
BACKGROUND
The California Environmental Quality Act (CEQA) and the State EIR
Guidelines promulgated pursuant thereto provide:
"(a) CEQA requires the decision -maker to (balance the
benefits of a proposed project against its unavoid-
able environmental risks in determining I whether to
approve the project.'. Where agencies have taken
action resulting in environmental damage without
explaining the reasons which supported the decision,
courts have invalidated the action.
(b) Where the decision of the public agency alllows
the occurrence of significant effects which are iden-
tified in the final EIR but are not mitigated, the
agency must state in writing the reasons to support
its action based on the final EIR and /or other
information records. This statement may be necessary
if the agency also make the finding under Section
15088(a)(2) or (2)(3). .
(c) If an agency makes. a statement of overriding con-
siderations, the statement should be included in: the
record of the project, approval and should be ment-
ioned in the Notices of Determination.;" (Section
15089 of the Guidelines).
The City Council proposes to amend the General Pillan for the City of
Newport Beach. Because the action constitutes a project under CEQA and
the Guidelines, an environmental impact report (EIR)', has been prepared by
the City of Newport Beach. The EIR has identified certain significant
effects that will flow from this project and the City Council desires to
approve this project. After determining that the EIIR is complete and has
been prepared in accordance with the CEQA and the Guidelines, and making
the Statements of Facts above, the City Council !has also weighed the
significant effects of the project agains the overriding consideration •
noted as follows:
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• CALTRANS WEST
1. Eventual buildout of the proposed project will reduce the amount of
silt and other debris entering local drainage courses and receiving
waters.
2. Where feasible, the project applicants will redirect existing water
runoff away from Coast Highway to reduce impacts of sheet flows across
the highway to the Lido Sands area.
3. The proposed project represents a logical extension of urban services
and facilities by the City of Newport Beach and the infilling of
vacant urban land.
4. The project will result in a net increase in annual revenues to the
City.
5. The type and intensity of residential development is compatible with
existing and planned projects surrounding the site.
6...The site is no longer needed for freeway right -of -way and is therefore
available for alternate uses.
7. That existing views of ocean and bay shall be preserved for a line -of-
site .four feet above the lower balcony level of a Newport Crest
residence.
8. The increased level of residential development will have a positive
impact on the available supply of housing in the City overall.
7. Twenty percent of the total dwelling units shall be affordable to low
and moderate income households as defined in the city's Housing
Element.
• 9. Ten percent of the total dwelling units shall be affordable to low and
moderate income households as set forth in Section 50093 of the Health
and Safety Code.
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10. Cal Trans West will be required to comply with the park dedication •
ordinance. A park of at least five acres in size is to Ibe developed
between Coast Highway, Superior Avenue, 15th Street (extended), and
Bluff Road (Balboa Boulevard extended). The specific size, location,
design, and the means to acquire and develop the park will be
determined at the time of approval of the tentative tract maps for
CalTrans West and /or the adjacent Banning- Newport Ranch' Residential
Developments. The park shall be completed concurrent with occupancy
of the first residential unit.
11. A view park of ± 1 acre shall be located on- sitejand shall partially
satisfy the requirements for park dedication contained in Chapter
19.50 of the Newport Beach Municipal Code,
12. A pedestrian and bicycle easement shall be developed to connect the
view park with the neighborhood park. The easement shall, as much as
possible, be located to take advantage of ocean and, bay views.
Precise location and design shall be determined at the time of
approval of the tentative tract map.
13. The applicant or successor in interest shall participate in 50% of all
costs related to the provision of a pedestrian andi bicycle, bridge over
Superior Avenue at a point to be determined in conjunciton with the
location of the view park at the time of approval of the tentative
tract map.
14. A landscaped greenbelt shall be established adjacent to Newport Crest.
The greenbelt shall be a minimum of 30 feet wide and be maintained by
the applicant or successor in interest. Park credit shall not be
given for the greenbelt.
15. Upon approval of this amendment by the City Council, Cal Trans will
enter into an agreement to dedicate to the City the property required
for realignment of Superior Avenue.
16. Because of difficulties in providing vehicular ,access to Cal Trans •
East, and in recognition of both the State's need to dispose of this
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site and Hoag Hospital's need for additional land, Cal Trans has
• entered into negotiations with Hoag Hospital for the acquisition of
Cal Trans East. Adoption of detailed zoning and approval of a
tentative tract map on Cal Trans West shall not occur until Cal Trans
offers satisfactory evidence that it will restrict access from
Cal Trans East to Coast Highway.
BIG CANYON AREA 16
1. The project represents a logical extension of urban services and
facilities by the City of Newport Beach and the in- filling of vacant
urban land.
2. The project will result in a net increase in annual revenues to the
City.
3. Development of the project will ultimately reduce the amount of silt
entering runoff to Upper Newport Bay.
4. The project wil enhance the character of the site and vicinity by
replacing a vacant, mostly weedy area with well landscaped residential
units of a type and intensity similar to surrounding residential uses.
5. The site is no longer needed for freeway reservation and is therefore
available for alternate uses.
6. The increased level of residential development will have a positive
impact on the available supply of housing in the City overall.
7. The requirements of the Park Dedication Ordinance shall be satisfied
through on -site or off -site land dedication, the assessment of in -lieu
fees or a combination of the above as determined by the Planning
Commission and City Council, after recommendation by the parks,
Beaches and Recreation Commission, at the time of approval of the
• tentative tract map.
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B. A number of units equal to at least 10% of the total units be
constructed on -site or off -site and be affordable !to low and moderate
income families using City standards.
9. At the time of future discretionary actions the project shall be
required to contribute a sum equal to their falir share of future
circulation system improvements as shown on the City's Master Plan of
Streets and Highways and any other mitigaiton measures as required.
10. Prior to the approval by the City of any,future discretionary actions
(i.e., zoning and tentative tract), the question of park credits,
development rights and ownership of the Mouth of Big Canyon shall be
resolved.
BLOCK 400 NEWPORT CENTER
1. Increased job opportunities within the City will be, provided.
2. Transportation management; plans- will be required to reduce traffic
congestion.
3. The project will result in a net increase in annual revenues to the
City.
4. The project will provide medical services to the community in an area
presently lacking in such services (i.e., east of Newport Bay).
5. The type and intensity of development is compatible with surrounding
commercial uses in Newport Center,
6. At the time of future discretionary actions the project shall be
required to contribute a sum equal to their fair share of future
circulation system improvements as shown on the City's Master Plan of
Streets and Highways and any other mitigation measures as required. •
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CAMPUS DRIVE INDUSTRIAL /OFFICE
1. The project will result in a major reduction in development allowed
under the existing general plan and zoning designations thereby
reducing potential traffic congestion, air pollution, noise, and
demand for public services and energy.
2. The project responds to changing land use and economic factors
influencing the subject site and provides for additional type and
intensity of development consistent with surrounding commercial/
industrial areas.
3. New development implemented within the parameters of the project will
result in a net increase in annual revenues to the city.
4. New development implemented within the parameters of the project will
result in increased employment opportunities within the city.
5. The project includes a provision for allowing individual developments
within the subject site to vary_ in type,and intensity of use as long
as traffic impacts are not increased.
Cumulative GPA 81 -2 Projects
I. The Campus Drive project was initiated by the City of Newport Beach to
reduce the cumulative impacts which would result from potential future
development under current zoning and land use designations.
2. The increased employment opportunities created by future commercial/
industrial development allowed within GPA 81 -2 will provide employment
opportunities and increase revenue for the City.
3. The commitment to provide affordable housing units by the CalTrans
West and Big Canyon Area 16 proponents will help to offset the housing
needs of new employees created by the Block 400 and Campus Drive
projects.
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4. When considered cumulatively, the General Plan Amendment represents a
mixed use project which provides both additional housing and •
employment opportunities in the City.
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5. The GPA has removed sites from the Open Space Land Use !designation
which are more appropriate for residential use thereby decreasing the
City's potential requirement to acquire the sites, as open space, as
well as increasing the overall residential opportunities in the City.
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MITIGATION MEASURES
• EXISTING CITY POLICIES AND REQUIREMENTS
A. Development of the sites shall be subject to a grading permit to be
approved by the Building and Planning Departments.
B. 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.
C. The grading permits shall include a description of haul routes, access
points to the site, and watering and sweeping programs designed to
minimize impacts of haul operation.
D. Erosion, siltation, and dust control plans shall be prepared by a
civil engineer (based on recommendations of a soil engineer and an
engineering geologist) subsequent to the completion of comprehensive
soil and geologic investigations of the sites. Permanent reproducible
copies of the "Approved as Built" grading plans on standard -size
sheets shall be furnished to the Building Department.
E. Prior to issuance of building permits, specific soils and foundation
studies will be prepared.
F. All buildings will conform to the Uniform Building Code (UBC) and city
seismic design standards.
G. Prior to the approval of any subdivision of land in a project, an inde-
pendent third -party analysis of geologic hazards of all identified
active faults shall be accomplished and approved by the City's Build-
ing Department. This analysis will be funded by the applicant. The
recommendations of this analysis will also be funded by the applicant
and will be incorporated into any structure. (Stringent standards
shall be included in the analysis.)
• H. The velocity of concentrated runoff from the developments shall be
evaluated and erosive velocities controlled as part of project design,
including areas immediately adjacent to the sites.
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I. Erosion, siltation, and dust control plans shall be prepared by the
applicants and approved by the Building Department. A copy will be
forwarded to the California Regional Water Quality Control Board,
Santa Ana Region.
J. Existing onsite drainage facilities shall be improved or upgraded to
the satisfaction of the City.
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K. Exposed slopes shall be planted as soon as possible to reduce erosion
potential.
L. 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. Landscape and irrigation plans for all common areas shall be prepared
by a licensed landscape architect. Said plans shall include a mainten-
ance program which controls the use of organophosphates and pesti-
cides.
N. A preliminary grading concept will be submitted with the tentative
tract map and /or at the planned community zoning stage of project
planning.
0. The city shall, through its planning policies and permit conditions,
insure the preservation of archaeological /paleontological resources
and require that the impact caused by any development be mitigated in
accordance with the California Environmental Quality Act (CEQA).
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P. The city shall prepare and maintain sources of ipformation regarding
archaeological /paleontological sites and the names and addresses of
responsible organizations and qualified individuals who can analyze,
classify, record, and preserve archaeological /paleontological
findings.
Q. It shall be the responsibility of a landowner or developer prior to
the commencement of land development to cause the proposed site to be
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• examined to determine the existence and extent of archaeological/pale-
ontological resources. The examination shall be by qualified obser-
vers, approved by the city. The observers shall prepare and submit to
the city a written report describing findings and making recommenda-
tions for further action. The report shall discuss both positive and
negative aspects of the effects of the proposed development on archaeo-
logical /paleontological resources.
R. The City requires all- development projects over 10 dwelling units or
10,000 square feet to comply with the Traffic Phasing Ordinance (TPO).
Prior to approval of zones changes or tentative tract maps for
individual projects within GPA 81 -2, applicants will be required to
obtain necessary TPO approval.
S. All construction activities will be limited to the hours of 7 a.m. to
7 p.m., Monday through Friday, and 8 a.m, to 5 p.m., Saturdays and
Sundays.
T. The City of Newport Beach requires that noise levels in exterior
living areas (yards and patios.)_ for residential land uses not exceed
65 CNEL. In addition, the State of California requires that all multi-
family residential projects meet the California Noise Insulation
Standard (California Administrative Code, Title 25, Chapter 1,
Subchapter 1, Article 4) which requires that interior noise levels in
residential living spaces not exceed a CNEL of 45. The City of
Newport Beach also applies this standard to all single - family
residential projects. The City of Newport Beach does not have a
commercial noise standard. A common commercial standard, similar to
the County of Orange standard, is that interior noise levels do not
exceed 50 CNEL. This criterion was used in assessing the
compatibility of the proposed office commercial projects.
U. The cumulative noise impacts of regional growth on the Eastbluff area
have been evaluated and a Jamboree Road noise wall fund has been
• established to mitigate those impacts.
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V.
The cumulative noise impacts of regional growth qn the West Newport
area will be evaluated and a Coast Highway noiselwall fund shall be
established to mitigate those impacts.
W. A lighting plan will be submitted for review by the Police Department
at the tentative tract stage of planning for each !of the study areas.
This is to ensure adequate lighting of pedestrian walkwaysland parking
areas.
X. The provision of adequate fire flow will be required by the Fire
Department at the tentative tract map stage.
Y. Structures will be equipped with fire suppressor systems as required
by code.
Z. A program shall be devised in the city for the sorting and pickup or
disposal of recyclable material separated from other solid 'waste.
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AA. Prior to construction of any project, the availability oflwater shall
be verified by the serving agency.
BB. A watering system should be designed which minimizes water consumption
(e.g., drip irrigation or tensiometers).
CC. Drought- resistant vegetation should be planted as appropriate.
DD. Standard water - saving devices should be used as appiropriate.
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EE. Project construction will conform with State jEnergy (Conservation
Standards as described in California Administratjve Code, Title 24,
Part 6, Division T -20, Chapter 2.
FF. All new structures will comply with applicable building code
requirements.
GG. Development of each of the sites shall include alIandscape plan sub-
ject to approval of the Planning Department and the Parks, Beaches,
and Recreation Department.
HH. A greenbelt shall be established adjacent to Newport Crest. It shall
• be an average of thirty feet wide and be maintained by the applicant
or successors in interest.
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II. Views to the west and south of Newport Crest shall be preserved for a
person standing on the lower balcony level of a Newport Crest
residence.
JJ. Development of each site (including new developments within the Campus
Drive study area) shall include a landscape plan subject to the
approval of the Planning Department and the Parks, Beaches and
Recreation Department.
KK. Prior to approval of tentative tract maps for residential develop-
ments, the respective applicants will be required to meet all City
policies regarding park dedication and /or in lieu fees and the
greenbelt policy for the Newport Crest development if applicable (see
City policy HH in Section 3.12).
LL. The following policies were recently approved as part of GPA 81 -1:
A park of approximately five acres in size shall be located
between Coast Highway, 15th Street, Superior Avenue, and Bluff
Road with the specific size, location and design to be finalized
at the tentative tract map stage.
The park shall be completed concurrent with occupancy of the first
residential tract.
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