HomeMy WebLinkAbout83-104 - General Plan Amendment 82-1RESOLUTION NO. $3 -104
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT
BEACH APPROVING AMENDMENTS TO THE LAND USE, RESIDENTIAL
GROWTH, RECREATION AND OPEN SPACE, CIRCULATION AND
NOISE ELEMENTS OF THE NEWPORT BEACH GENERAL PLAN FOR
THE NORTH FORD /SAN DIEGO CREEK SOUTH SITE (GENERAL PLAN
AMENDMENT 82 -1)
isWHEREAS, Section 707 of the Charter of the City of Newport Beach provides
that the City Council, upon recommendation by the Planning Commission, may
amend the General Plan, or any part or element, or map thereof; and
WHEREAS, as part of the development and implementation of the City's
General Plan, the Land Use, Residential Growth, Recreation and Open Space,
Circulation and Noise Elements have been prepared; and
WHEREAS, said elements of the General Plan set forth objectives and
supporting policies which serve as a guide for the future development of the
City of Newport Beach; and
WHEREAS, pursuant to Section 707 of the Charter of the City of Newport
Beach, the Planning Commission has held a public hearing to consider certain
amendments to the above referenced elements of the Newport Beach General Plan
and adopted Resolution No. 1097, recommending to the City Council certain
changes and amendments in said elements; 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 recognizes its 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, it is the goal of the City to provide a balanced community, with
a variety of housing types and designs and housing opportunities for all
economic segments of the community; and
WHEREAS, it is the goal of the City to preserve and increase affordable
• housing for low and moderate income households; and
WHEREAS, it is the policy of the City to eliminate constraints to housing
production and increase allowed density, wherever possible; and
WHEREAS, it is the policy of the City to provide incentives to the
building industry to facilitate the provision of housing for low and moderate
income households; and
WHEREAS, the City of Newport Beach recognizes the unique opportunity to
provide affordable housing on the north Ford site; and
WHEREAS, the increased residential use in North Ford will result in a
mixed use development that achieves a balance between residential and
appropriate commercial activities; and
WHEREAS, the increased residential use in North Ford will achieve an
• appropriate balance between employment and housing; and
WHEREAS, the increased residential use! in North Ford will promote and
assist in the development of housing for low and moderate income households;
and
WHEREAS, the increased residential use in North Ford will promote housing
opportunities for all persons regardless of race, religion, sex, marital
status, ancestry, national origin, or color; and
WHEREAS, the increased residential use in North Ford will provide for the
development of a variety of housing types and products for all income levels
of the community; and
WHEREAS, the City of Newport Beach recognizes the opportunity to require
provision of affordable housing either on or off -site in conjunction with
residential development in the City; and
WHEREAS, the use of Community Development Block Grant funds in
conjunction with this project will contribute to the feasibility of providing
affordable housing on -site; 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 desires to adopt certain amendments to the Land
Use, Residential Growth, Recreation and (pen Space, Circulation and Noise
Elements and Maps of the Newport Beach General Plan, as set forth below; and
isWHEREAS, 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,
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NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Newport
Beach that:
1. The City Council makes the findings contained in the Statement of
Facts with respect to significant impacts identified in the Final EIR together
with the finding that each fact in support of the findings is true and is
based upon substantial evidence in the record, including the final EIR. The
• Statement of Facts is attached hereto as Exhibit 1 and incorporated herein by
this reference as if fully set forth.
2. The City Council finds that the facts set forth in the Statement of
Overriding Considerations are true and are supported by substantial evidence
in the record, including the final EIR. The Statement of Overriding
Considerations is attached hereto as Exhibit 2 and incorporated herein by this
reference as if fully set forth.
3. The City Council finds that the final EIR has identified all
significant environmental effects of the project and that there are no known
potential environmental impacts not addressed. in the final EIR.
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
reduced to a level of insignificance have been substantially reduced in their
• impacts by the imposition of conditions on the approved General Plan Amendment
and the imposition of mitigation measures. In making its decision on the
project, the City Council has given greater weight to the adverse
environmental impacts. The City Council finds that the remaining unavoidable
significant impacts are clearly outweighed by the economic, social and other
benefits of the project, as set forth in the Statement of Overriding
Considerations.
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B. 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
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 82 -1, 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)
Council finds that a
good
faith effort was made to incorporate alternatives in
•
the preparation of
the
draft EIR and all reasonable alternatives where
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 82 -1, 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
C)
Attachment No. 1, including comments, responses and additional
information
d)
Planning Commission Staff Reports
e)
Planning Commission Minutes
f)
Planning Commission Resolutions
is g)
City Council Staff Reports
h)
City Council Minutes
i)
City Council Resolutions and Ordinance
j)
Comments and responses received prior to final action and not
contained in a) through i) 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.
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BE IT FURTHER RESOLVED by the City Council of the City of Newport Beach
that the Land Use, Residential Growth, Recreation and Open Space, Circulation
and Noise Elements and Maps are hereby amended, establishing the following
land uses, policies and constraints on future development:
• 1. Designate Retail and Service Commercial on ±5 acres at a
maximum of 50,000 square feet for neighborhood shopping
center; Multiple - Family Residential. on ±79 acres at a maximum
of 888 residential units; Administrative, Professional and
Financial on ±22 acres, and t12 acres of Recreational and
Environmental Open Space for active park use.
2. That a minimum of 222 of the permitted residential units be
maintained as units affordable to families of low and moderate
income. 80% (178) of the units shall be affordable to
families whose income does not exceed 100% of the Orange
County median family income; 20% (44) of the units shall be
affordable to families whose income does not exceed 80% of the
Orange County median family income. These units shall be
maintained as affordable for a period of ten (10) years from
the date of original occupancy. Dependent on the availability
of Mortgage Revenue Bond Financing and CDBG funds, the City
will determine the mix of ownership and rental affordable
housing units. These affordable housing units shall be
developed prior to or concurrent with the other development in
the North Ford area and the additional 295,000 square feet of
office permitted in Koll Center Newport - Office Site "C ".
3. That a fire station site be reserved within the project area.
4. That residential uses developed shall comply with the
requirements of the park dedication ordinance through land
dedication. The park site shall be parcelled and made
accessible concurrent with approval of the first residential
development. The City shall have the right to commence site
improvements concurrent with development of the first
residential tract. If the entire park is not developed prior
to occupancy of the first residential unit, a mechanism shall
be established to inform all first and subsequent occupants
and owners of the community park location and the intent to
provide active recreational facilities with night lighted
fields.
5. That the Eastbluff Drive extension be deleted from the City's
Master Plan of Streets and Highways.
6. That the extension of University Drive South to Eastbluff
Drive North be designated on the City's Master Plan of Streets
and Highways as a Primary Road - four lanes divided.
7. That projected noise contour lines be adjusted for revised
roadway alignments.
S. That letters of service regarding water, sewer, and school
services be executed prior to approval of an Tentative Tract
• Map.
9. That a development agreement between the City of Newport Beach
and The Irvine Company be executed prior to or concurrent with
any further discretionary approvals. This agreement shall
address provision of affordable housing, park land dedication,
traffic and circulation system improvements, dedications and
exactions, the fire station reservation, and the phasing of
all components. The development in. North Ford /San Diego Creek
South and the additional 295,000 square feet of development in
Koll Center Newport - Office Site "C" shall be subject to this
agreement.
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10. At the time of future discretionary approvals the project
shall be required to contribute a sum equal to its fair share
of future circulation system improvements as shown on the
City's Master Plan of Streets and Highways and other
mitigation measures as required. The 295,000 square feet of
office and 120 dwelling units shall not be subject to fair
share requirements.
11. That all applicable conditions of the Tentative Map of Tract
• No. 10019 shall be met, except as :noted below:
a. University Drive South shall be improved as a primary
roadway instead of Eastbluff Drive North.
b. All improvements (roadways, bicycle trails, sidewalks,
ect.) previously ending at Eastbluff Drive North or
occurring in conjunction with said road shall extend to
or be incorporated into University Drive South.
12. That all applicable conditions of the approved Traffic Phasing
Plan (TPP) and amended TPP shall be met.
13. That all conditions of the Traffic Phasing Ordinance (TPO)
Traffic Study as approved by the Planning Commission shall be
met except as modified by the revised Traffic Study dated
10/13/83, prepared for the City of Newport Beach by Weston
Pringle and Associates.
14. That all applicable conditions of the Settlement Agreement and
Stipulation for Judgement between the City of Newport Beach
and The Irvine Company shall be met.
15. Prior to issuance of any grading and /or building permits the
applicant shall deposit with the City Finance Director, the
sum proportional to the percentage of future additional
traffic related to the project in the subject area. This
deposit shall be used for the construction of a sound
attenuation barrier on the southerly side of Coast Highway in
the West Newport Area and in the Irvine Terrace Area; and the
westerly side of Jamboree Road in the Eastbluff area. The
deposit shall not include funds for 295,000 square feet of
office and 120 dwelling units for Jamboree Road which shall be
met as indicated in the Settlement Agreement and Stipulation
for Judgement.
ADOPTED this 24th day of October, 1983.
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EXHIBIT 1
CEQA FINDINGS AND STATEMENT OF FACTS
OCTOBER 24, 1983
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SIGNIFICANT ENVIRONMENTAL EFFECTS WHICH CANNOT BE AVOIDED IF THE PROPOSED
PROJECT IS IMPLEMENTED, FINDINGS WITH RESPECT TO SAID EFFECTS AND STATEMENT OF
FACTS IN SUPPORT THEREOF, ALL WITH RESPECT TO THE PROPOSED APPROVAL OF GENERAL
PLAN AMENDMENT 82 -1 (NORTH FORD /SAN DIEGO CREEK SITES), AND TRAFFIC PHASING
PLANS FOR THE NORTH FORD /SAN DIEGO CREEK SITES AND BLOCK C, KOLL CENTER NEW-
PORT SITE, CITY OF NEWPORT BEACH, CALIFORNIA
BACKGROUND
The California Environmental Quality Act (CEQA) and the State CEQA Guide-
lines (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
findings for each of the significant effects, accompanied by a statement of
facts supporting each finding. The possible findings are:
1. Changes or alterations have been required in, or incorporated
into, the project which mitigate or avoid the significant envi-
ronmental effects as identified in the Final EIR.
Such changes or alterations are within the responsibility and
jurisdiction of another public agency and not the agency making
the finding. Such changes have been adopted by such other agency
or can and should be adopted by such other agency.
Specific economic, social, or other considerations make infea-
sible the mitigation measures or project alternatives identified
in the Final EIR (Section 15090 of the Guidelines).
The City of Newport Beach proposes to approve development of the North
Ford /San Diego Creek sites, including a General Plan Amendment 82 -1 (GPA 82 -1)
and traffic phasing plans. Because the proposed actions constitute a project
under CEQA and the Guidelines, the City of Newport Beach has prepared an Envi-
ronmental Impact Report (EIR). This EIR has identified certain significant
effects which may occur as a result of the project, or on a cumulative basis
in conjunction with this project and other past, present, and reasonably fore-
seeable future projects (Page 86 of Draft EIR). Further, the City Council
desires to approve this project and, after determining that the EIR is
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• is complete and has been prepared in accordance with CEQA and the Guidelines,
the findings set forth herein are made:
FINDINGS AND FACTS IN SUPPORT OF FINDINGS FOR SIGNIFICANT
EFFECTS DETERMINED TO BE MITIGABLE
TO A LEVEL F IN IGNIF AN
Use and Aesthetics
Impacts. Development of the proposed project will alter the existing
undeveloped character of the North Ford site and will add to the urbanization
and visual appearance of the Block C vicinity.
Findings.
1. Changes, alterations, and other measures have been made in or incor-
porated into the project, or are otherwise being implemented which will miti-
gate this impact to a level pf insigificance in that:
a. A landscape and irrigation plan for both project sites shall
be prepared by a licensed landscape architect. The plan
shall be subject to approval by the Planning Department and
the Parks, Beaches, and Recreation Department.
b. The landscape plan shall include a maintenance program which
controls the use of fertilizers and pesticides.
c. The landscape plan shall place emphasis on the use of
drought- resistant native vegetation and be irrigated via a
system designed to avoid surface runoff and overwatering.
d. The development in Block C shall be in substantial confor-
mance with the approved plot plan, floor plans, elevations,
and sections.
e. Both project sites shall be designed to minimize light and
glare spillage on adjacent properties (particularly residen-
tial properties). Specific attention shall be paid to the
Block C site, treatment of recreational uses on the park
site, and the Bison /MacArthur commercial area.
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• f. Signage and exterior lighting shall be approved by the Plan-
ning Department.
g. All mechanical equipment, vents, and other service equipment
in the office, industrial, and commercial area shall be
shielded or screened from view by architectural features.
Ii. The applicant shall submit a Notice of Proposed Construction
or Alteration to the FAA. Final design of the project shall
conform to FAA recommendations.
i. The applicant shall submit project plans to the Federal Avi-
ation Administration (FAA) and the Orange County Airport
Land Use Commission requesting permission to encroach into
the avigation easement. The County shall also review any
avigation easement encroachments.
Public Servic4s and Utilities
Impacts. Development of the project will cumulatively affect the
remaining service capabilities of public agencies and utilities in conjunction
with ongoing growth in the surrounding area.
Findings.
1. Changes, alterations, and other measures have been made in or incor-
porated into the project, or are otherwise implemented which will mitigate
these impacts to a level of insignificance in that:
a. Prior to issuance of building permits, the Fire Department
shall review the proposed plans for non - residential uses and
may require automatic fire sprinkler protection.
b. Fire Department access shall be approved by the Fire Depart-
ment.
c. All buildings on the project site shall be equipped with
fire suppression systems approved by the Fire Department.
d. Non - residential portions of the proposed project shall
incorporate an internal security system (security guards,
alarms, access limits after hours) that shall be reviewed by
the Police and Fire Departments and approved by the Planning
Department.
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• e. All access to the buildings shall be approved by the Fire
Department.
f. All onsite fire protection (hydrants and Fire Department
connections) shall be approved by the Fire Department and
Public Works Department.
g. Fire vehicle access, including the proposed planter islands,
shall be approved by the Fire Department.
h. The project should be designed to conform to Title 24, Para-
graph 6, Division T -20, Chapter 2, Subchapter 4, of the
California Administrative Code dealing with energy require-
ments.
i. The project should investigate the use of alternative energy
sources (i.e., solar) and, to the maximum extent economical -
1;! feasible, incorporate the use of said in project designs.
j. Prior to the occupancy of any building, the applicants shall
provide written' verification from the Orange County Sanita-
tion District that adequate sewer capacity is available to
serve the project.
Final design of the project shall provide for the incorpora-
tion of water - saving devices for project lavatories and
other water -using facilities.
A site will be reserved within the project site for future
use as a fire station in order to provide more efficient
fire protection services to this area of the city. A more
precise delineation of the fire station reservation will be
identified prior to approval of the tentative tract map.
Additionally, prior to project implementation, the applicant
and the City shall determine if this fire station site might
be relocated to the Block C portion of the project.
The applicant shall consult with OCTD regarding site plan
design and shall incorporate transit and /or bus stops, bus
shelters, and passenger waiting areas. This shall occur at
the tentative tract map level for the North Ford /San Diego
Creek sites and prior to issuance of building permits for
the Block C site.
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• n. Sewage flows from the project shall not be greater than the
flow cooefficients established by the Sanitation District.
o. Prior to approval of any tentative tract map, an agreement
shall be made between the Orange County Sanitation District,
Irvine Ranch Water District, and the City's Utilities
Department regarding which agencies will ultimately provide
water and sewer service to the project site. The service
agreement shall be subject to approval by the agencies
involved.
Prior to approval of any tentative tract map, an attendance
agreement shall be made between the Newport -Mesa and Irvine
Unified School Districts. This agreement shall specify
which districts will provide educational services for
students generated by the proposed project and shall be
subject to approval by the Planning Department.
SIGNIFICANT ENVIRONMENTAL
EFFECTS WHICH CANNOT AVOIDED
IF THE PROJECT M IMPLEMENTED
Traffic and Circulation
Impacts. Development of the proposed project will increase traffic
levels and will contribute to the traffic congestion of the area.
Findings.
1. Changes or other measures have been made in or incorporated into the
project, or are otherwise being implemented which will partially mitigate this
environmental impact to the extent feasible, as set forth below:
The City of Newport Beach requires each project to provide
for all necessary roadway improvements. Several improve-
ments have been required of previously approved projects,
but are not yet constructed. Based on analysis contained in
this report, the proposed project will be require to con-
tribute full improvements to intersections identified in
Table M, Pages 56 -57 of the Draft EIR.
The project shall be required to contribute a sum equal to
its "fair share" of future circulation system improvements
•
• as shown on the City's Master Plan of Streets and Highways
and in any other mitigation measures as may be required.
Prior to approval of a tentative map on the North Ford /San
Diego Creek South sites, the project applicant shall prepare
a pedestrian, bicycle, and vehicular circulation plan to be
reviewed and approved by the Planning and Public Works
Departments.
2. All significant environmental effects that can feasibly be avoided
have been eliminated or substantially lessened by virtue of mitigation mea-
sures identified in the Final EIR or otherwise incorporated into the project
as set forth above.
3. Specific economic, social, or other considerations make infeasible
mitigation measures or project alternatives not selected in that:
a. Implementation of all project alternatives, with the excep-
tion of the "no- project" alternative, will create an envi-
ronmental effect similar to that of the project. The "no-
project" alternative has been rejected based on information
contained in the Statement of Facts and the Final EIR.
4. The remaining environmental effect is acceptable when balanced
against the facts set forth in!the Statement of Overriding Considerations made
below, giving greater weight to the remaining, unavoidable significant effect,
and in view of the following fact:
a. Impacts identified are considered significant only on a
cumulative basis resulting from the proposed project in
association with other projects occurring on a local and
regional scale.
Noise
Impacts. Implementation of the proposed project will incrementally
contribute to the increase in noise generation from both temporary construc-
tion activities and long -term traffic - related sources on a cumulative basis in
conjunction with other projects occurring on a local and regional scale.
Findings.
1. Changes or other measures have been made in, or incorporated into
the project, or are otherwise being implemented which will partially mitigate
this environmental impact to the extent feasible, as set forth below:
•
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• a. Prior to occupancy of any unit, a qualified acoustical engi-
neer shall be retained by the City at the applicant's
expense to demonstrate to the satisfaction of the Planning
Director that noise impacts do not exceed 65 CNEL for out -
side living areas and active recreation areas and 45 CNEL
for interior living areas.
b. Prior to issuance of any building permit authorized by
approval of this project, the applicant shall deposit with
the City Finance Director a sum proportionate to the per-
centage of future additional traffic related to the project
area, to be used for construction of a wall on the westerly
side of Jamboree Road between Eastbluff Drive and Ford Road
along the southerly side of Pacific Coast Highway along
Irvine Terrace and West Newport.
c. All construction activities will be limited to the hours of
7:00 a.m. to 7:00 p.m. Monday through Friday, and 8:00 a.m.
to 5:00 p.m. on Saturday and Sunday.
d. Any mechanical equipment and emergency power generators will
be screened from view and shall be sound - attenuated so as
not to exceed 55 dBA at the property line.
e. Any rooftop or other mechanical equipment shall be sound -
attenuated in such a manner as to achieve a maximum sound
level of 55 dBA at the property line.
f. Any mechanical equipment and emergency power generators
shall be screened from view, and noise associated with said
installations shall be sound - attenuated to acceptable levels
in receptor areas. The latter shall be based upon the
recommendations of a qualified acoustical engineer, and be
approved by the Planning Department.
g. Prior to approval of final site plans, additional environ-
mental documentation shall provide a more detailed noise
analysis based on final pad and roadway elevations. This
study shall include specific mitigation measures for reduc-
ing onsite impacts in the residential and park areas.
h. Prior to issuance of a building permit for Block C, the
project applicant shall submit a detailed acoustical analy-
sis of the proposed structure to ensure that attenuation to
the required interior 45 CNEL level is achieved.
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• 2. All significant environmental effects that can feasibly be avoided
have been eliminated or substantially lessened by virtue of mitigation mea-
sures identified in the Final EIR or otherwise incorporated into the project
as set forth above.
3. Specific economic, social, or other considerations make infeasible
mitigation measures or project alternatives not selected in that:
Implementation of all project alternatives, with the excep-
tion of the "no- project" alternative, will create an envi-
ronmental effect similar to that of the project. The "no-
project" alternative has been rejected based on information
contained in the Statement of Facts and the Final EIR.
4. The remaining environmental effect is acceptable when balanced
against the facts set forth in the Statement of Overriding Considerations made
below, giving greater weight to the remaining, unavoidable significant effect,
and in view of the following fact:
a. Impacts identified are considered significant only on a
cumulative basis resulting from the propused project in
association with other projects occurring on a local and
regional scale.
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STATEMENT OF OVERRIDING CONSIDERATIONS
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EXHIBIT 2
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• STATEMENT OF OVERRIDING CONSIDERATIONS
The California Environmental Quality Act requires a public agency to bal-
ance the benefits of a proposed project against its unavoidable environmental
risks in determining whether to approve the project. The City of Newport
Beach has determined that the unavoidable environmental risks of this project
are acceptable when balanced against the benefits of this project, giving
greater weight to the unavoidable environmental risks. In making this deter-
mination, the following factors and public benefits were considered or deci-
sions made:
The proposed project is consistent and compatible with other
existing and proposed uses in the vicinity of the project and
the community in general.
2. The proposed project will contribute to a fair share of roadway
improvements.
3. The proposed project represents a new development located in an
urban area where adequate facilities and services are available.
All impacts identified as significant which are associated
with this project are regional in nature, and the project's
cumulative contribution to those impacts is considered nominal
and acceptable from a regional perspective.
The proposed project will implement established policies of the
General Plan Housing Element to increase the production of
housing and to provide affordable housing opportunities in the
city.
The proposed project supports the City's 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.
The proposed project supports the City's goal to provide a bal-
anced community, with a variety of housing types and designs
and housing opportunities for all economic segments of the com-
munity, and to increase affordable housing for low and moder-
ate- income households.
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• 8. The proposed project supports the City's policy to eliminate
constraints to housing production, increase allowed density,
and provide incentives to the building industry to facilitate
the provision of housing for low and moderate - income
households.
9. The City of Newport Beach recognizes the unique opportunity to
provide affordable housing on the North Ford site; consequent-
ly, the proposed project's increased residential uses will
achieve a balance between residential and commercial activities
and between employment and housing.
10. The provision of a fire station reservation as part of the pro-
posed project will increase the ability of the Fire Department
to adequately serve the northeast area of the city.
11. The provision of a fire station reservation as part of the pro-
posed project will represent a long -term cost savings to the
City by allowing termination of the existing contract with the
County of Orange for FirejKtation #27.
12. The community park proposed as part of the project will create
a unique active recreational area that cannot be provided else-
where within the city, and which will serve the recreational
needs of all segments of the community.
13. The community park has been incorporated into the design pro-
cess of the proposed project at an early stage to ensure that
there are no conflicts between the residential and park uses.
14. The commercial site designated as part of the proposed project
will reduce traffic through the Eastbluff community by provid-
ing alternate shopping opportunities in a convenient location
for.development in the surrounding area.
15. The commercial site designated as part of the proposed project
represents a new positive revenue source to the city.
•