HomeMy WebLinkAbout87-41 - Santa Ana Heights Specific Plan•
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RESOLUTION NO. 87 -41
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH
CERTIFYING AS COMPLETE AND ADEQUATE EIR 508, 508A AND ADDENDUM
FOR THE SANTA ANA HEIGHTS SPECIFIC PLAN,
AND, IN APPROVING SAID PROJECT, MAKE FINDINGS AND STATEMENTS
IN REGARDS TO THE ENVIRONMENTAL DOCUMENT
WHEREAS, previously certified EIR 508, EIR 508A and the EIR Addendum
provided environmental impact assessment for the Zoning Amendment for the Santa
Ana Heights Specific Plan; and
WHEREAS, the EIR was prepared in accordance with the California
Environmental Quality Act (CEQA) and the State EIR Guidelines; and
and
WHEREAS, the EIR was circulated to the public for comment and reviews
WHEREAS, the Planning Commission of the City of Newport Beach
conducted public hearings to receive all public testimony with respect to the
EIR; 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 amendment, and is
complete and adequate and fully complies with all requirements of CEQA and the
CEQA Guidelines; and
WHEREAS, the City Council has reviewed all environmental documenta-
tion prepared to evaluate the proposed project, including all elements of the
Final EIR and the recommendation of the Planning Commission;
WHEREAS, all measures necessary to mitigate the environmental impacts
associated with the project have been incorporated into the project.
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
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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.
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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 Santa Ana Heights Specific Plan, the Planning Commission and the environ-
mental documents evaluated a range of alternatives and the project is included
within that range of alternatives. The City Council has considered the recom-
mendation of the Planning Commission in its decision on the project.
BE IT FURTHER RESOLVED, that the City Council does hereby certify the
Final EIR for the Santa Ana Heights Specific Plan 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 and the
CEQA Guidelines. Said Final EIR is composed of the following elements:
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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
isthe
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.
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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 Santa Ana Heights Specific Plan, the Planning Commission and the environ-
mental documents evaluated a range of alternatives and the project is included
within that range of alternatives. The City Council has considered the recom-
mendation of the Planning Commission in its decision on the project.
BE IT FURTHER RESOLVED, that the City Council does hereby certify the
Final EIR for the Santa Ana Heights Specific Plan 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 and the
CEQA Guidelines. Said Final EIR is composed of the following elements:
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a) EIR 508 and EIR 508A
b) EIR 508A Addendum
c) Planning Commission Staff Reports
d) Planning Commission Minutes
e) City Council Staff Reports
£) City Council Minutes
g) City Council Resolutions
h) Comments and responses received prior to final
action and not contained in a) through g) above.
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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, California 92658 -8915, (714) 644 -3225.
ADOPTED THIS 27th
ATTEST:
PLT/kk
CC21
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day of April , 1987.
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Exhibit 1
CEQA STATEMENT OF FINDINGS AND FACTS
AMENDMENT NO. 646
SANTA ANA HEIGHTS SPECIFIC PLAN
ENVIRONMENTAL IMPACT REPORT 508, 508A AND ADDENDUM
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 CERTIFICATION OF AN ENVIRONMEN-
TAL IMPACT REPORT AND APPROVAL OF AMENDMENT NO. 646 ADOPTING
THE SANTA ANA HEIGHTS SPECIFIC PLAN.
BACKGROUND
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 considera-
tions make infeasible the mitigation measures
or project alternatives identified in the
Final EIR (Section 15091 of the Guidelines)."
The City of Newport Beach is considering approval of a
Specific Plan for Santa Ana Heights as pre- annexation zoning
for the area. The project includes the certification of
environmental documentation, which consists of previously
certified Environmental Impact Report 508 and supplemental
EIR 508A and an EIR Addendum. A substantially similar
project was reviewed and approved by the County of Orange,
which was the project for which supplemental EIR 508A was
prepared. The environmental documentation 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:
�• Ultimate development of the project will result in certain
significant unavoidable adverse impacts to the environment,
as indicated below and in the Final EIR. With respect to
those impacts, the City Council of Newport Beach makes the
findings as stated on the following pages.
FINDINGS AND FACTS IN SUPPORT OF FINDINGS FOR
SIGNIFICANT ENVIRONMENTAL EFFECTS OF THE PROJECT
EFFECTS DETERMINED TO MITIGABLE TO LEVEL OF INSIGNIFICANCE
HYDROLOGY
• Significant Effect
* Increases in runoff due to increased paved surfaces will
occur with development.
Finding
Changes or alterations have been required in, or
incorporated into, the project which avoid or substan-
tially 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 Mitigation Measures
identified in the Final EIR and incorporated into the
project. These measures include the following:
1. Applicants for new development shall implement Best
Management Practices (BMPs) included in the Upper
Newport Bay 11208" Water Quality Control Plan.
TRAFFIC AND CIRCULATION
Significant Effect
* Implementation of the Specific. Plan will result in a net
increase of approximately 15,140 trip ends. Approxi-
mately 2,000 trips will occur in the a.m. peak hour and
2,000 trips in the evening peak hour.
Finding
1. Changes or alterations have been required in, or
incorporated into, the project which avoid or substan-
tially 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 Mitigation Measures
identified in the Final EIR and incorporated into the
project. These measures include the following:
1. Street improvements in conformance with the Circulation
Plan of the Specific Plan will be constructed concur-
rently with project construction.
2. Coordination of signal phasing along Irvine Avenue near
• the project shall be considered to facilitate peak flows
from the business park.
3. A traffic monitoring program shall establish the phasing
of recommended circulation system improvements.
4. A final access plan for Zenith Avenue residential lots
shall be adopted at subsequent: levels of approval.
AIR QUALITY
Significant Effect
* Short-term air quality impacts will result from con-
struction and grading activities during construction.
Finding
• 1. Changes or alterations have been required in, or
incorporated into, the project which avoid or substan-
tially 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 Mitigation Measures
identified in the Final EIR and incorporated into the
project. These measures include the following:
1. Development within the specific plan area will comply
with SCAQMD rules and regulations.
NOISE
Significant Effect
* Noise levels will increase along project arterials;
including increases of more that 3 dBA on Acacia Street
and Birch Street.
Finding
1. Changes or alterations have been required in, or
incorporated into, the project which avoid or substan-
tially 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 Mitigation Measures
identified in the Final EIR and incorporated into the
project. These measures include the following:
1. The Specific Plan recommends widening of Birch Street,
Mesa Drive westerly of Birch Street, and Acacia Street
to secondary arterial standards and proposes business
park uses along Birch Street and Acacia Street.
Significant Effect
Existing residential uses will continue to be exposed to
excessive aircraft noise levels.
Finding
1. Changes or alterations have been required in, or
• incorporated into, the project which avoid or substan-
tially 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 Mitigation Measures
identified in the Final EIR and incorporated into the
project. These measures include the following:
1. The Acoustical Insulation Program of the County of
Orange which is a part of the mitigation measures
adopted as part of the approval of the John Wayne
Airport Master Plan shall be available for approximately
365 dwelling units.
AESTHETICS
• Significant Effect
* Aesthetic view impacts for the business park - residential
interface are considered significant.
Finding
1. Changes or alterations have been required in, or
incorporated into, the project which avoid or substan-
tially 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 Mitigation Measures
identified in the Final EIR and incorporated into the
project. These measures include the following:
1. The Specific Plan includes a Community Design Program to
buffer residential uses from 'the business park.
Significant Effect
* Viewshed impacts upon scattered residential lots
remaining within the business park are considered
significant.
Finding
1. Changes or alterations have been required in, or
incorporated into, the project which avoid or substan-
tially 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 Mitigation Measures
identified in the Final EIR and incorporated into the
project. These measures include the following:
1. A landscape buffer and building setbacks are required to
screen and soften views from existing residential uses
to business park uses.
RECREATION
Significant Effect
• * Localized impacts on equestrian facilities within the
designated business park will occur.
Finding
1. Changes or alterations have been required in, or
incorporated into, the project which avoid or substan-
tially 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 Mitigation Measures
identified in the Final EIR and incorporated into the
project. These measures include the following:
1. The Specific Plan designates a Residential Equestrian
• District, and includes a local. equestrian trail.
LIGHT AND GLARE
Significant Effect
* Adjacent residences may experience increased light and
glare from business park development.
Finding
1. Changes or alterations have been required in, or
incorporated into, the project which avoid or substan-
tially 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 Mitigation Measures
identified in the Final EIR and incorporated into the
project. These measures include the following:
1. Architectural and landscape guidelines shall require
siting, materials and lighting which will reduce light
and glare.
PUBLIC SERVICES /UTILITIES
Significant Effect
Implementation of the Specific Plan will require water
service improvements to meet ultimate service demands.
Finding
1. Changes or alterations have been required in, or
incorporated into, the project which avoid or substan-
tially 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 Mitigation Measures
identified in the Final EIR and incorporated into the
project. These measures include the following:
1. The Public Services /Utilities Plan requires line
improvements concurrently with project development.
• Significant Effect
* Future sewer service demands will require improvements
to lines and pump stations.
Finding
1. Changes or alterations have been required in, or
incorporated into, the project which avoid or substan-
tially 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 Mitigation Measures
identified in the Final EIR and incorporated into the
• project. These measures include the following:
1. The Public Services /Utilities Plan requires line and
pump improvements concurrently with project development.
Significant Effect
* Proposed land use changes will require area storm drain
improvements.
Finding
1. Changes or alterations have been required in, or
incorporated into, the project which avoid or substan-
tially 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 Mitigation Measures
identified in the Final EIR and incorporated into the
project. These measures include the following:
The Public Services /Utilities Plan requires catch basin
and line improvements concurrently with project develop-
ment.
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SIGNIFICANT EFFECTS WHICH CANNOT BE AVOIDED IF THE PROJECT IS
The following effects are those determined by the City of
Newport Beach to be significant environmental effects which
cannot be avoided if the project is implemented. All
significant environmental effects that can be feasibly
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. The
remaining, unavoidable significant effects are acceptable
when balanced against the facts set: forth in the Statement of
Overriding Considerations made below, giving greater weight
to the remaining, unavoidable environmental effect.
TRAFFIC AND CIRCULATION
Significant Effect
The project is anticipated to generate approximately
15,000 additional daily vehicle trips of which 2,000
will occur in the a.m. peak hour and 2,000 will occur in
the p.m. peak hour. Temporary congestion may occur in
the immediate area and area intersections will be at or
beyond their design capacity.
Findings
1. Changes or alterations have been required in, or
incorporated into, the project which avoid or substan-
tially lessen the significant environmental effect as
identified in the Final EIR.
2. Some changes or alterations are within the responsibil-
ity 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
4. A final access plan for Zenith Avenue residential lots
shall be adopted at subsequent levels of approval.
The significant effect has been substantially lessened to the
extent that changes or alterations have been required in, or
incorporated into, the project which avoid or substantially
adopted by such other agency.
3.
Specific economic, social, or other considerations make
infeasible the mitigation measures or project alterna-
tives identified in the Final EIR (Section 15091 of the
Guidelines).
Facts in Support of Findings
The
significant effect has been substantially lessened by
virtue of the Mitigation Measures identified in the Final EIR
and
incorporated into the project:. These measures include
the
following:
1.
Street improvements in conformance with the Circulation
Plan of the Specific Plan will be constructed concur-
rently with project construction.
2.
Coordination of signal phasing along Irvine Avenue near
the project shall be considered to facilitate peak flows
from the business park.
3.
A traffic monitoring program shall establish the phasing
•
of recommended circulation system improvements.
4. A final access plan for Zenith Avenue residential lots
shall be adopted at subsequent levels of approval.
The significant effect has been substantially lessened to the
extent that changes or alterations have been required in, or
incorporated into, the project which avoid or substantially
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lessen the significant environmental effect as identified in
the Final EIR.
1. The City of Newport Beach has defined road sections for
Acacia Street, Birch Street and Mesa Drive westerly of
Birch Street which will provide for adequate road
capacity for the proposed business park.
2. The City of Newport will conduct a study to define a
preferred alignment for the connection of Mesa Drive to
Birch Street to provide adequate roadway capacity for
business park uses.
Changes or alterations are within the responsibility and
jurisdiction of another public agency and not the one making
the finding.
1. The State Department of Transportation has the overall
responsibility for major roadways and freeways in the
region.
2. The County of Orange is responsible for the implementa-
tion of the San Joaquin Hills Transportation Corridor.
The significant effect has been substantially lessened to the
extent feasible, however, specific economic, social, or other
considerations make infeasible the mitigation measures or
project alternatives identified in the Final EIR.
1. The project represents the best balance and mix of uses
for the project area, all factors considered.
2. The alternatives set forth for the site were rejected
for the reasons as set forth above and in the subsequent
sections of this statement.
3. The developments will be required by the City's Fair
Share Traffic Contribution Ordinance (Chapter 15.38
NBMC) to provide an additional monetary contribution to
the City for use in the construction of circulation
system improvements which will increase the capacity of
the roadway system in the City of Newport Beach. The
purpose of the Ordinance is the provide funds for the
construction of improvements so that traffic generated
by development and redevelopment within the City will
not result in unacceptable congestion of the circulation
system.
4. Regarding regional roadways, the developments will also
be required to participate in the City's adopted San
Joaquin Hills Transportation Corridor Fee Program. The
program is consistent with the Orange County San Joaquin
Hills Transportation Corridor Fee Program, established
to fund the construction of the Transportation Corridor
to improve regional roadway capacities and reduce
congestion.
The remaining unavoidable significant effect is acceptable
when balanced against facts set forth in the Statement of
Overriding Considerations and in view of the fact that the
• impact identified is considered significant only on a
cumulative basis, resulting from the proposed project in
association with other past, present and reasonably foresee-
able future projects.
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AIR QUALITY /ACOUSTIC ENVIRONMENT /LP.,ND USE /AESTHETICS
Significant Effect
* The project will incrementally increase the urban
character of the area and will result in increased
traffic, air pollutant emissions and noise levels within
the immediate vicinity.
isFindings
1. Changes or alterations have been required in, or
incorporated into, the project which avoid or substan-
tially lessen the significant environmental effect as
identified in the Final EIR.
2. Some changes or alterations are within the responsibil-
ity 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 alterna-
tives identified in the Final EIR (Section 15091 of the
Guidelines).
Facts in Support of Findings
The significant effect has been substantially lessened by
virtue of the Mitigation Measures :identified in the Final EIR
and incorporated into the project.. These measures include
the following:
1. Development within the specific plan area will comply
with SCAQMD rules and regulations.
2. The Specific Plan recommends widening of Birch Street,
Mesa Drive westerly of Birch Street, and Acacia Street
to secondary arterial standards and proposes business
park uses along Birch Street and Acacia Street.
3. A landscape buffer and building setbacks are required to
screen and soften views from existing residential uses
to business park uses.
The significant effect has been substantially lessened to the
extent that 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.
1. The permitted building height: has been reduced from 37
feet to 35 feet.
2. The building setback on Bristol Street has been in-
creased from 65 feet to 75 feet.
3. A landscape buffer requirement has been added between
the R -1 (8,000) and Professional Administrative zones.
• 4. The list of permitted uses has been refined to achieve
the specific land use goals of the LUCP.
Changes or alterations are within the responsibility and
jurisdiction of another public agency and not the one making
the finding.
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1. The State Department of Transportation has the overall
responsibility for major roadways and freeways in the
region.
2. The County of Orange is responsible for the implementa-
tion of the San Joaquin Hills Transportation Corridor.
3. The State Air Resources Board is responsible for the
• attainment of national air quality standards.
4. The South Coast Air Quality Management District is
responsible for basin air quality.
5. The Southern California Association of Governments in
association with the SCAQMD is responsible for the Air
Quality Management Plan (AQMP) for the airshed.
The significant effect has been substantially lessened to the
extent feasible, however, specific economic, social, or other
considerations make infeasible the mitigation measures or
project alternatives identified in the Final EIR.
1. The project represents the best balance and mix of uses
for the project area, all factors considered.
2. The alternatives set forth for the site were rejected
for the reasons as set forth above and in the subsequent
sections of this statement.
The remaining unavoidable significant effect is acceptable
when balanced against facts set forth in the Statement of
Overriding Considerations and in view of the fact that the
impact identified is considered significant only on a
cumulative basis, resulting from the proposed project in
association with other past, present and reasonably foresee-
able future projects.
HOUSING
Significant Effect
* The project will result in approximately 4,050 addi-
tional permanent employees. While it can be assumed
that a major portion of new employees will be provided
through the local labor market, a certain portion will
be drawn from outside and will thus increase demand for
housing, particularly in the affordable range.
Finding
3. Specific economic, social, or other considerations make
infeasible the mitigation measures or project alterna-
tives identified in the Final. EIR (Section 15091 of the
Guidelines).
Facts in Su000rt of Finding
The significant effect has been substantially lessened to the
extent feasible, however, specific economic, social, or other
considerations make infeasible the mitigation measures or
project alternatives identified in the Final EIR.
1. The project represents the best balance and mix of uses
for the project area, all factors considered.
2. The alternatives set forth for the site were rejected
for the reasons as set forth above and in the subsequent
sections of this statement.
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The remaining unavoidable significant effect is acceptable
when balanced against facts set forth in the Statement of
Overriding Considerations and in view of the fact that the
impact identified is considered significant only on a
cumulative basis, resulting from the proposed project in
association with other past, present and reasonably foresee-
able future projects.
• PUBLIC SERVICES AND UTILITIES
Sianificant Effect
* Project implementation will incrementally add to demand
for major new infrastructure in the area including
circulation improvements, fire protection, water systems
and electrical facilities. Project implementation will
incrementally add to the cumulative demand for finite
resources such as energy and water.
Findings
1. Changes or alterations have been required in, or
incorporated into, the project which avoid or substan-
tially lessen the significant environmental effect as
identified in the Final EIR.
2. Some changes or alterations are within the responsibil-
ity 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.
Facts in Support of Findings
The significant effect has been substantially lessened by
virtue of the Mitigation Measures identified in the Final EIR
and incorporated into the project. These measures include
the following:
1. The Public Services /Utilities Plan requires line
improvements concurrently with project development.
2. The Public Services /Utilities Plan requires line and
pump improvements concurrently with project development.
3. The Public Services /Utilities Plan requires catch basin
and line improvements concurrently with project develop-
ment.
Changes or alterations are within the responsibility and
jurisdiction of another public agency and not the one making
the finding.
1. The State Department of Transportation has responsibil-
ity for major roadways and freeways in the region.
2. The County of Orange is responsible for the implementa-
tion of the San Joaquin Hills Transportation Corridor.
• The significant effect has been substantially lessened to the
extent feasible, however, specific economic, social, or other
considerations make infeasible the mitigation measures or
project alternatives identified in the Final EIR.
1. The project represents the best balance and mix of uses
for the project area, all factors considered.
12
2. The alternatives set forth for the site were rejected
for the reasons as set forth above and in the subsequent
sections of this report.
The remaining unavoidable significant effect is acceptable
when balanced against facts set forth in the Statement of
Overriding Considerations and in view of the fact that the
impact identified is considered. significant only on a
• cumulative basis, resulting from the proposed project in
association with other past, present and reasonably foresee-
able future projects.
•
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PROJECT ALTERNATIVES
The Draft EIR evaluated alternatives for the project. The
approved project is substantially the same as the project
analyzed in the Draft EIR. Minor technical additions to the
environmental information were included in the Addendum to
the EIR prepared by the City of Newport Beach. The project
selected is within the range of alternatives analyzed, and
has similar environmental effects, although those effects
have been lessened. The plan was modified during the course
of public review through a series of actions including, but
not limited to, those listed below:
1. The City Staff analysis of the project.
2. The testimony at the public hearings on the project and
EIR held before the City of Newport Beach Planning
Commission and City Council.
3. The recommendations of the Newport Beach Planning
Commission.
4. The data in the Final EIR.
Findings
1. The refined project has been accomplished in a manner so
as to provide the greatest public involvement in the
planning and CEQA process.
2. The process has developed a project which is in substan-
tial conformance with that described in the Notice of
Preparation and for which the EIR was prepared.
3. The Certified Final EIR indicates all refinements which
have been incorporated in the project.
4. The mitigation measures have been made a part of the
refined project.
5. The following provides a brief description of project
alternatives.
6. The alternatives were rejected in favor of the current
project proposal.
7. The rationale for rejection of each alternative is
provided below.
8. The rejection rationale is supported by the public
record including, but not limited to, the Certified
Final EIR.
NO PROJECT ALTERNATIVE
The No Project Alternative would leave the area without pre -
annexation zoning classifications.
Findings
• Specific economic, social, or other considerations make
infeasible the No Project Alternative described in the Final
EIR.
Facts in Support of Finding
1. The No Project alternative would not be consistent with
the Airport Land Use Compatibility Program.
14
2. The No Project Alternative does not provide for the
mixed uses on -site, which result in a significant
reduction in peak hour traffic. generated by the project.
Eight land use alternatives were studied in the Land Use
Compatibility Program and analyzed in EIR 508. The plan
• adopted by the County of Orange for Santa Ana Heights was
agreed to by the City of Newport Beach in the Airport
settlement agreement. Land use alternatives are not within
the range of possible actions which can be taken by the City
of Newport Beach in the adoption o2' pre- annexation zoning for
Santa Ana Heights.
CIRCULATION ALTERNATIVES
Alternative 1
Alternative 1 includes a cul -de -sac at the southern terminus
of Acacia Street within the business park area.
Findina
Alternative 1 was rejected due to specific significant
environmental effects which would result from implementation
of the alternative.
Facts in Support of Finding
1. Traffic volumes on Orchard Drive near Irvine Avenue will
increase from 4,410 ADT to 9,640 ADT.
2. Traffic volumes on Acacia Street will increase from 687
ADT to 4,430 ADT.
Alternative 2
Alternative 2 proposes Birch Street. south of Orchard Drive to
be realigned to facilitate access through the business park
to Mesa Drive /Irvine Avenue. A portion of the existing Birch
Street south of Orchard Drive is realigned to intersect with
the new alignment and a portion is abandoned and becomes a
private street. Acacia Street is realigned to intersect with
Birch Street extended.
Alternative 2 facilitates circulation through the southern
portion of the business park. This alternative was recom-
mended to remain under consideration throughout the public
hearing process.
The City of Newport Beach is adopting a modification of
Alternative 2. The Plan adopted by the City of Newport Beach
calls for the connection of Birch Street to Mesa Drive, with
the precise alignment to be determined after an alignment
study. The environmental effects of modified Alternative 2
are substantially similar to those identified in the EIR.
Finding
• The City of Newport Beach rejects the proposed project in
favor of the adoption of Circulation Alternative 2 (modi-
fied). The adoption of the alternative will reduce specific
environmental effects of the proposed project.
Facts in Support of Finding
1. Improved circulation through the southern portion of the
business park in necessary to accommodated the planned
level of development in the business park area.
2. Adequate circulation
minimize encroachment
adjacent residential
•
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in the business park area will
of business park traffic into the
areas.
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 deter-
mined that the unavoidable risks 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 with other existing
uses in the vicinity of the project and the community in
general.
2. The proposed project represents infill development
located in an urban area.
3. The density and intensity of the project is appropriate.
4. The proposed project will contribute to a fair share of
local and regional roadway improvements, specifically
the City's Fair Share Traffic Contribution Ordinance,
and the San Joaquin Hills Transportation Corridor Fee
Program.
5. Revenues generated by the project will exceed costs
associated with serving the project, resulting in net
revenue for the City.
6. The project includes a mix of office and retail uses and
existing residential development, which will reduce the
peak hour traffic generation ordinarily anticipated from
office projects.
7. The project will maintain equestrian areas allowing for
a broader range residential choices in Newport Beach.
8. The project will make a number of circulation improve-
ments, which will provide capacity for this project, as
well as existing uses and future planned development and
will reduce congestion in the area.
9. The size and scale of the project will allow for the
retention of small employers within the community.
PLT
ED \A646FDG.EIR
4/21/87