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HomeMy WebLinkAbout85-22 - Jasmine Park Planned Community Final EIR• RESOLUTION NO. 85 -22 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH CERTIFYING AS COMPLETE AND ADEQUATE THE FINAL ENVIRONMENTAL IMPACT REPORT FOR THE JASMINE PARK PLANNED COMMUNITY WHEREAS, the Draft Environmental Impact Report provided environmental impact assessment for the zoning Amendment, Traffic Study and Tentative Tract Map relative to the Jasmine Park Planned Community; and WHEREAS, the DEIR was prepared in accordance with the California Environmental Quality Act (CEQA) , the State EIR Guidelines and City Council Policy K -3; and WHEREAS, the DEIR was circulated to the public for comment and review; and WHEREAS, the DEIR was reviewed by the Citizens' Environmental Quality Advisory Committee ( CEQAC); and WHEREAS, written comments were received from the public and CEQAC during and after the public review period; and WHEREAS, the Planning Commission of the City of Newport Beach conducted public hearings to receive all public testimony with respect to the DEIR; and WHEREAS, such comments and testimony were responded to through Response to Comments (Attachment No. 1 to the DEIR) and staff reports submitted to the Planning Commission and City Council; and WHEREAS, such comments and testimony were fully and adequately responded to in the manner set forth in California Administrative Code Section 15146(b); and WHEREAS, the Planning Commission of the City of Newport Beach has reviewed all environmental documentation comprising the EIR and has found that the EIR considers all environmental impacts of the proposed Jasmine Park Planned Com- munity, Traffic Study and Tentative Tract Map and is complete and adequate and is fully complies with all requirements of CEQA and the CEQA Guidelines; and WHEREAS, the Planning Commission of the City of Newport Beach recommended to the City Council that the EIR be certified as adequate and complete; and WHEREAS, the City Council has reviewed all environmental documentation prepared to evaluate the proposed project, including all elements of the Final EIR and the recommendation of the Planning Commission; 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 Considera- tions 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 project 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 project 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. - 2 - 8. The City Council finds that the Final EIR has described all reason- able 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 consid- ered 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 the Jasmine Park Planned Community, Traffic Study and the Tentative Tract Map, the Planning Commission and the environmental documents evaluated a range of alternatives and the project, as approved by this Resolution, is included within that range of alternatives. The City Council has considered the recommendation of the Planning Commission in its decision on the project. NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council does hereby certify the Final EIR for the North Ford Planned Community and Tentative Tract Maps as complete and adequate in that it addresses all environmental effects of the proposed project and fully complies with the requirements of the California Environmental Quality Act and the CEQA Guidelines. Said Final EIR is composed of the following elements: • a) Volume I - Draft EIR and Technical Appendices b) Attachment 1, including comments, responses and additional information c) Planning Commission Staff Reports d) Planning Commission Minutes e) City Council Staff Reports f) City Council Minutes g) City Council Resolution and Ordinance h) Comments and responses received prior to final action and not contained in a) through g) above. - 3 - 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 92658 -8915, (714) 644 -3225. ADOPTED THIS 8th day of April , 1985. • ATTEST: PLT /kk 3/25/85 CC12 • - 4 - • • Exhibit 1 CEQA STATEMENT OF FINDINGS AND FACTS JASMINE PARR PLANNED COMMUNITY 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 AMENDMENT NO. 615, TRAFFIC STUDY, AND TENTATIVE TRACT MAP NO. 12245 FOR THE JASMINE PARK PLANNED COMMUNITY, CITY OF NEWPORT BEACH, CALIFORNIA. The California Environmental Quality Act (CEQA) and the State CEQA Guidelines (Guidelines) promulgated pursuant thereto provide: "No public agency shall approve or carry out a project for which an EIR has been completed which identifies one or more significant environmental effects of the project unless the public agency makes one or more written findings for each of those significant effects accompanied by a brief explanation of the rationale for each finding. The possible findings are: 1. Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. 2. Such changes or alterations are within the responsibility and jurisdiction of another public: agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. 3. Specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the Final EIR (Section 15091 of the Guide- lines)." The City of Newport Beach is considering approval of development of the Jasmine Park site (Fifth Avenue /Marguerite Avenue). The project includes a zone change (amendment), traffic phasing plan, and tentative tract map. Because the proposed actions constitute a project under the CEQA Guidelines, the City of Newport Beach has prepared an Environmental 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 other past, present, and reasonably foreseeable future projects. Further, the City desires to approve this project and, after determining that the EIR is complete and has been prepared in accordance with CEQA and the Guidelines, the findings set forth are herein made: M FINDINGS AND FACTS IN SUPPORT OF FINDINGS FOR SIGNIFICANT ENVIRONMENTAL EFFECTS OF THE PROJECT EFFECTS DETERMINED TO BE INSIGNIFICANT Several potential environmental effects were determined to be insignificant impacts. These include the conversion of the property from vacant land to residential and park uses; encroachment of a 2:1 fill slope onto a 10 -foot strip of Grant Howald Park (0.57 acres); elimination of onsite vegetation and wildlife; "harassment" effects on nearby wildlife; and generation of 400 daily trip ends. EFFECTS DETERMINED TO BE MITIGABLE TO A LEVEL OF INSIGNIFICANCE LAND USE /AESTHETICS Significant Effect Alteration of views from adjacent homes and Grant Howald Park. Finding Finding 1 - Changes or alterations have been required in, or incorporated into, the project which substantially lessen the significant environmental effect as identified in the Final EIR. Facts in Support of Finding The significant effect has been substantially lessened to a level of insignificance by virtue of the Standard City Policies and Requirements and Mitigation Measures identified in the Final EIR and incorporated into the project. These measures include the following: 1. A landscape and irrigation plan for the project shall be prepared by a licensed landscape architect. The plan will be subject to approval by the Planning Department, the Parks, Beaches, and Recreation Department, and the Public Works Department. 2. The development shall be in substantial conformance with the approved plot plan, floorplans, elevations, and sections. 3. The project shall be designed to eliminate light and glare spillage onto adjacent properties. 4. Signage and exterior lighting shall be approved by the Planning Department and the Public Works Department. 5. All mechanical equipment, vents, and other service equipment shall be shielded and screened from view by architectural features. 6. A plan depicting the exact location, height, and type of material for all walls separating the project from adjacent • uses shall be submitted to the City for review and approval prior to the approval of any building permits. The plan shall be approved by the Planning Department and the Public Works Department. 7. Fences or walls along Marguerite Avenue north of Sandcastle Drive shall be limited to thirty inches above curb height. The walls shall be made of materials (e.g. wrought iron) that provide sufficient spacing so as not to block views. 8. The applicant shall landscape and maintain the slope proposed for extension into Grant Howald Park along the southern border of the site. 0 9. The landscape plan shall contain a maintenance program that controls the height of all trees, shrubs, and groundcover so as not to exceed the ridge of any unit adjacent to Marguerite Avenue. 10. No fences or other structures shall be allowed within the area between the western property line and setback line. Significant Effect The project plan does not provide for pedestrian access into the Jasmine Creek area as called for in the draft Recreation and Open Space Element. Finding Finding 1 - Changes or alterations have been required in, or incorporated into, the project which substantially lessen the significant environmental effect as identified in the Final EIR. Facts in Support of Finding The significant effect has been substantially lessened to a level of insignificance by virtue of the Standard City Policies and Requirements and Mitigation Measures identified in the Final EIR and incorporated into the project. These measures include the following: 1. That a paved pedestrian access walk be provided between Harbor View Drive and the northerly side of the Harbor View School site. 2. No fences or other structures shall be allowed within the area between the western property line and setback line. 3. The storm drain easement provided along Jasmine Creek shall also include provisions for pedestrian access, to provide a walkway connection between Grant Howald Park and the proposed view park. The paved access road required for the storm drain maintenance may also serve as the pedestrian walkway. The area between the access road and the tract boundary shall be landscaped and maintained by the applicant and successors - in- interest. 4. That the applicant install lighting in the area of public roadways or easements as determined by the City Engineer. The roadway or easement would be constructed in accordance with the recommendations of the City Engineer to assure that the property would have a minimal risk on the part of the City if the City should have ownership or control of the property. TRAFFIC AND CIRCULATION Significant Effect The proposed 18 -foot width of the project's entrance driveway is not adequate. • Finding Finding 1 - Changes or alterations have been required in, or incorporated into, the project which substantially lessen the significant environmental effect as identified in the Final EIR. Facts in Support of Finding The significant effect has been substantially lessened to a level of insignificance by virtue of the Standard City Policies and Requirements and Mitigation Measures identified in the Final EIR and incorporated into the project. These measures include the following: 4 1. The entry shall be redesigned to the satisfaction of the City Engineer to permit visitor vehicles to wait for entry without blocking residents from entering. • NOISE Significant Effect Construction activities will generate noise and, on a short -term basis, increase noise levels onsite and in the surrounding area. Finding Finding 1 - Changes or alterations have been required in, or incorporated into, the project which substantially lessen the significant environmental effect as identified in the Final EIR. Facts in Support of Finding The significant effect has been substantially lessened to a level of insignificance by virtue of the Standard City Policies and Requirements and Mitigation Measures identified in the Final EIR and incorporated into the project. These measures include the following: 1. All construction activities shall be limited to the hours of 7 a.m. to 7 p.m. Monday through Friday, and 8 a.m. to 5 p.m. on Saturday and Sunday. 2. 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. Significant Effect Portions of the site along Marguerite Avenue will be subject to noise generate by traffic on the roadway. Noise levels will exceed adopted City standards. Finding Finding 1 - Changes or alterations have been required in, or incorporated into, the project which substantially lessen the significant environmental effect as identified in the Final EIR. Facts in Support of Finding The significant effect has been substantially lessened to a level of insignificance by virtue of the Standard City Policies and Requirements and Mitigation Measures identified in the Final EIR and incorporated into the project. These measures include: 1. Prior to the issuance of building permits for each of the • planned units, an acoustical engineering study shall be performed based on actual pad, property, and roadway grades and building locations and orientations to assure that the exterior building shells of each structure will be sufficient to reduce existing and future noise levels to an acceptable intensity. 2. Prior to occupancy of any unit, a qualified acoustical engineer 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 outside living areas and active recreation areas and 45 CNEL for interior living areas. 5 3. The first row of units along Marguerite Avenue shall have "closeable" windows. "Closeable" windows refers to a system which allows circulation of fresh air even with windows closed. Mechanical ventilation or a "summer switch" system with a fresh air duct shall be provided to replace the loss of natural ventilation when windows are closed. Alternative mitigation measures may be substituted if recommended by the noise study prepared pursuant to Policy G above. EARTH RESOURCES Significant Effect The proposed project site will be subject to groundshaking in the event of an earthquake. Finding Finding 1 - Changes or alterations have been required in, or incorporated into, the project which substantially lessen the significant environmental effect as identified in the Final EIR. Facts in Support of Finding The significant effect has been substantially lessened to a level of insignificance by virtue of the Standard City Policies and Requirements and Mitigation Measures identified in the Final EIR and incorporated into the project. These measures include the following: 1. All buildings will conform to the Uniform Building Code and the City's seismic design standards. 2. Development of the site shall be subject to a grading permit to be approved by the Building and Planning Departments. 3. Grading shall be conducted in accordance with plans prepared by a civil engineer and based on recommendations of a soils and geologic investigation of the project site. Permanent reproducible copies of "Approved -as- Built" grading plans on standard sheets shall be furnished to the City of Newport Beach Building Department. 4. Prior to approval of the final grading plan, recommendations of the geotechnical report shall be incorporated into the design and engineering of the project. Significant Effect Onsite grading for the project will alter existing terrain. Development activities may encounter potential impacts such as erosion, expansion, soil settlement, or groundwater buildup. Finding Finding 1 - Changes or alterations have been required in, or incorporated • into, the project which substantially lessen the significant environmental effect as identified in the Final EIR. Facts in Support of Finding The significant effect has been substantially lessened to a level of insignificance by virtue of the Standard City Policies and Requirements and Mitigation Measures identified in the Final EIR and incorporated into the project. These measures include the following: 1. All buildings will conform to the Uniform Building Code and the City's seismic design standards. 0 2. Development of the site shall be subject to a grading permit to be approved by the Building and Planning Departments. 3. Grading shall be conducted in accordance with plans prepared by a civil engineer and based on recommendations of a soils and geologic investigation of the project site. Permanent reproducible copies of "Approved -as- Built" grading plans on standard sheets shall be furnished to the City of Newport Beach Building Department. 4. Prior to approval of the final grading plan, recommendations of the geotechnical report shall be incorporated into the design and engineering of the project. WATER RESOURCES Significant Effect A short -term increase in sedimentation to Jasmine Creek will occur during grading and construction. Finding Finding 1 - Changes or alterations have been required in, or incorporated into, the project which substantially lessen the significant environmental effect as identified in the Final EIR. Facts in Support of Finding The significant effect has been substantially lessened to a level of insignificance by virtue of the Standard City Policies and Requirements and Mitigation Measures identified in the Final EIR and incorporated into the project. These measures include the following: 1. The grading plan, if desired by the City of Newport Beach, shall include a complete plan for temporary and permanent drainage facilities to minimize any potential impacts from silt, debris, and other water pollutants. 2. The grading permit, if desired by the City of Newport Beach, shall include a description of haul routes, access points to the site, and a watering and sweeping program designed to minimize impacts of haul operations. 3. Erosion control measures shall be done on any exposed slopes within 30 days after grading or as approved by the grading engineer. 4. An erosion, siltation, and dust control plan, if desired by the City of Newport Beach, shall be submitted and be subject to approval by the Building Department. 5. The velocity of concentrated runoff from the project shall be evaluated and erosive velocities controlled as part of project design. • 6. Prior to issuance of the grading permit, the design engineer shall review and state that the discharge of surface runoff from the project will be performed in a manner to assure that increased peak flows from the project will not increase erosion immediately downstream of the system. This shall be reviewed and approved by the Planning and Building Departments. 9 7 Significant Effect An increase in storm runoff will result from development of the project and associated impervious surfaces. Finding Finding 1 - Changes or alterations have been required in, or incorporated into, the project which substantially lessen the significant environmental effect as identified in the Final EIR. Facts in Support of Finding The significant effect has been substantially lessened to a level of insignificance by virtue of the Standard City Policies and Requirements and Mitigation Measures identified in the Final EIR and incorporated into the project. These measures include the following: 1. The applicant shall provide for all onsite storm drains and catch basins as delineated on the tentative map. The applicant shall be responsible for improving Jasmine Creek from the Harbor View Dam outlet to the existing storm drain near the southwestern edge of the site. 2. The applicant shall provide for the proposed catch basin and storm drain along Marguerite Avenue adjacent to the site. CULTURAL RESOURCES Significant Effects Development of the site would result in destruction of archaeological resources on site CA -Ora -1002 and the potential unknown subsurface archaeological resources. Finding Finding 1 - Changes or alterations have been required in, or incorporated into, the project which substantially lessen the significant environmental effect as identified in the Final EIR. Facts in Support of Findin The significant effect has been substantially lessened to a level of insignificance by virtue of the Standard City Policies and Requirements and Mitigation Measures identified in the Final EIR and incorporated into the project. These measures include the following: 1. A qualified archaeologist shall be present during pregrade meetings to inform the developer and grading contractors of the results of the study. In addition, an archaeologist shall be present during grading activities to inspect the underlying soil for cultural resources. If significant cultural resources are uncovered, the archaeologist shall have the authority to stop or temporarily divert construction activities for a period of 48 hours to assess the significance of the finds. 2. In the event that significant archaeological remains are uncovered during excavation and /or grading, all work shall stop in that area of the subject property until an appropriate data recovery program can be developed and implemented. The cost of such a program shall be the responsibility of the landowner and /or developer. P 3. Prior to issuance of any grading or demolition permits, the applicant shall waive the provision of AB 952 related to City of Newport Beach responsibilities for the mitigation of archaeological impacts in a manner acceptable to the City Attorney. 4. Prior to issuance of a grading permit, a limited test -level excavation of CA-Ora -1002 shall be conducted to determine if an intact sub - surface component is present. This investigation shall be under the direction of a certified archaeologist currently on the Orange County List of Certified Archaeological Consultants. Recommendation regarding the test -level excavation methodology are contained in Appendix G (Breece, 1984). 5. Based on the information from the limited test -level investigation, a report shall be submitted to the City of Newport Beach prior to issuance of a grading permit. The report shall either recommend a mitigation program or document that the site has been sufficiently investigated and that no additional work is deemed necessary prior to the commencement of grading. Significant Effect Onsite marine terrace deposits have potential for yielding fossils during grading. Destruction of unknown paleontological resources could result from project construction. Finding Finding 1 - Changes or alterations have been required in, or incorporated into, the project which substantially lessen the significant environmental effect as identified in the Final EIR. Facts in Support of Finding The significant effect has been substantially lessened to a level of insignificance by virtue of the Standard City Policies and Requirements and Mitigation Measures identified in the Final EIR and incorporated into the project. These measures include the following: 1. A paleontological monitor shall be retained by the landowner and /or developer to attend pregrade meetings and perform inspections during development. The paleontologist shall be allowed to divert, direct, or halt grading in a specific area to allow for salvage of exposed fossil materials. SIGNIFICANT ENVIRONMENTAL EFFECTS WHICH CANNOT BE AVOIDED IF THE PROJECT IS IMPLEMENTED AESTHETICS Development of the project will result in an unavoidable impact to views from Marguerite Avenue resulting from the project's structures, fencing, and landscaping. Findings Finding 1 - Changes or alterations have been required in, or incorporated into, the project which substantially lessen the significant environmental effect as identified in the Final EIR. Finding 3 - Specific economic, social, or other considerations make infeasible other mitigation measures and project alternatives not selected. 9 Facts in Support of Findings The significant effect has been substantially lessened to the extent feasible by virtue of the Standard City Policies and Requirments and Mitigation Measures identified in the Final EIR and incorporated into the project. These measures include the following: 1. A landscape and irrigation plan for the project shall be prepared by a licensed landscape architect. The plan will be subject to approval by the Planning Department, the Parks, Beaches, and Recreation Department, and the Public Works Department. 2. The landscape plan shall include a maintenance program which controls the use of fertilizers and pesticides. 3. 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. 4. The development shall be in substantial conformance with the approved plot plan, floorplans, elevations, and sections. 5. The project shall be designed to eliminate light and glare spillage onto adjacent properties. 6. Signage and exterior lighting shall be approved by the Planning Department and the Public Works Department. 7. All mechanical equipment, vents, and other service equipment shall be shielded and screened from view by architectural features. 8. A plan depicting the exact location, height, and type of material for all walls separating the project from adjacent uses shall be submitted to the City for review and approval prior to the approval of any building permits. The plan shall be approved by the Planning Department and the Public Works Department. 9. Fences or walls along Marguerite Avenue north of Sandcastle Drive shall be limited to thirty inches above curb height. The walls shall be made of materials (e.g. wrought iron) that provide sufficient spacing so as not to block views. 10. The applicant shall landscape and maintain the slope proposed for extension into Grant Howald Park along the southern border of the site. 11. The landscape plan shall contain a maintenance program that controls the height of all trees, shrubs, and groundcover so as not to exceed the ridge of any unit adjacent to Marguerite Avenue. Implementation of all project alternatives, with the exception of the "No Development" Alternative and the "Park" Alternative, would create an environmental effect similar to or more severe than the proposed project. The environmentally superior alternatives ( "No Development" and "Park ") have been rejected based upon information contained in the Statement of Overriding Considerations. No other feasible mitigation measures other than those required above have been identified. The remaining unavoidable significant effect is acceptable when balanced against facts set forth in the Statement of Overriding Considerations. In accordance with State law, greater weight has been given to the remaining unavoidable significant effect than to the overriding considerations. 0 0 10 TRANSPORTATION AND CIRCULATION Significant Effect The project will generate 400 daily trip ends (ADT). The project has . passed the requirements of the City of Newport Beach Traffic Phasing Ordinance (TPO) . Based on the criteria of the TPO, the project, on an individual basis, will not result in a significant traffic impact. However, in concert with other past, present, and reasonably foreseeable future projects, will cumulatively add to increased traffic congestion in the City of Newport Beach. Findings Finding 3 - Specific economic, social, or other considerations make infeasible mitigation measures and project alternatives not selected. Facts in Support of Findings Implementation of all project alternatives, with the exception of the "No Development" and "Park" Alternatives would create an environmental effect similar to or more severe than the proposed project. The environmentally superior alternatives ( "No Development" and "Park ") have been rejected based upon information contained in the Statement of Overriding Considerations. The applicant is required by the City's Fair Share Traffic Contribution Ordinance 418416 (Chapter 15.38- Municipal Code) to provide a monetary contribution to the City for use in the construction of circulation system improvement which will increase roadway capacity within the City of Newport Beach. The purpose of the Ordinance is to construct improvements so that traffic generated by development and redevelopment within the City will not result in unacceptable congestion of the circulation system. No feasible mitigation measures have been identified. The remaining unavoidable significant effect is acceptable when balanced against facts set forth in the Statement of Overriding Consideration and in view of the following fact: The impact identified is considered significant only on a cumulative basis, resulting from the proposed project in association with other past, present, and reasonably foreseeable future projects. In accordance with State law, greater weight has been given to the remaining unavoidable significant effect than to the overriding considerations. WATER QUALITY Significant Effect Development of the proposed project will lead to an increase in urban pollutants to the local water system and, in conjunction with other past, present, and reasonably foreseeable future projects, will cumulatively add to the amount of urban pollutants in Newport Bay. Findings Finding 1 - Changes or alterations have been required in, or incorporated into, the project which substantially lessen the significant environmental effect as identified in the Final EIR. Finding 3 - Specific economic, social, or other considerations make infeasible other mitigation measures and project alternatives not selected. Facts in Support of Findings The significant effect has been substantially lessened to the extent feasible by virtue of the Standard City Policies and Requirements and 11 Mitigation Measures identified in the Final EIR and incorporated into the project. These measures include the following: 1. A landscape and irrigation plan for the project shall be prepared by a licensed landscape architect. The plan will be subject to approval by the Planning Department, the Parks, Beaches, and Recreation Department, and the Public Works Department. 2. The landscape plan shall include a maintenance program which controls the use of fertilizers and pesticides. 3. 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. 4. All proposed development shall provide for vacuum - sweeping of private streets on a once - per -week basis. Implementation of all project alternatives, with the exception of the "No Development" and "Park" Alternatives would create an environmental effect similar to or more severe than the proposed project. The environmentally superior alternatives ( "No Development" and "Park ") have been rejected based upon information contained in the Statement of Overriding Considerations. No other feasible mitigation measures have been identified. The remaining unavoidable significant effect is acceptable when balanced against facts set forth in the Statement of Overriding Consideration and in view of the following fact: The impact identified is considered significant only on a cumulative basis, resulting from the proposed project in association with other past, present, and reasonably foreseeable future projects. In accordance with State law, greater weight has been given to the remaining unavoidable significant effect than to the overriding considerations. Exhibit 2 STATEMENT OF OVERRIDING CONSIDERATIONS The California Environmental Quality Act requires a public agency to balance the benefits of a proposed project against its unavoidable environmental risks in determining whether to approve the project. The • City of Newport Beach has determined that the unavoidable risks of this project are acceptable when balanced against the benefits of this project, giving greater weight to the unavoidable environmental risks. In making this determination, the following factors and public benefits were considered or decisions made: 1. The proposed project is consistent and compatible with other existing and proposed uses in the vicinity of the project and community in general. 2. The proposed project represents infill development located in an urban area where adequate facilities and services are available. 3. The proposed project will implement established policies of the General Plan Housing Element to increase the production of housing. 4. The proposed project supports the City's goal to provide a balanced community, with a variety of housing types and designs and housing opportunities for all economic segments of the community. 5. The proposed project supports the City's policy to eliminate contraints to housing production, increase allowed density, and provide incentives to the building industry to facilitate the provision of housing. 6. The view park proposed as part of the project will create a unique passive recreational area which will serve all segments of the City. 7. The view park has been incorporated into the design process of the proposed project at an early stage to ensure that there are no conflicts between the residential and park uses. 8. The proposed project will contribute to a fair share of roadway improvements. 9. With one exception, 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. 10. Alternatives to the proposed project described in the EIR, with the exception of the "No Development" and "Park" Alternatives, would not avoid unmitigated environmental effects. 11. A pedestrian access easement will be provided, as conditioned, between the view park and Grant Howald Park. 12. The proposed project, as conditioned, will implement the extension of the Jasmine Creek greenbelt onsite as required by The Recreation and Open Space Element of the General Plan.