HomeMy WebLinkAbout87-162 - General Plan Amendment 87-1C Land Use ElementRESOLUTION NO. 87-162
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH APPROVING AN AMENDMENT TO THE LAND
USE ELEMENT OF THE NEWPORT.' BEACH GENERAL PLAN
ESTABLISHING DEVELOPMENT INTENSITY LIMITATIONS
FOR COMMERCIAL DEVELOPMENT IN FASHION ISLAND,
NEWPORT CENTER [GENERAL PLAN AMENDMENT 87 -1 (C)l
WHEREAS, Section 707 of the Charter of the City of Newport
Beach provides that the City Council, upon recommedation of the
Planning Commission, may amend the General Plan, or any part or
element thereof; and
WHEREAS, as part of the development and implementation of
the Newport Beach General Plan the Land Use Element has been
prepared; and
WHEREAS, said element of the General Plan sets forth
objectives, supporting policies and :limitations for development in
the City of Newport Beach; and
WHEREAS, said element of the General Plan designates the
general distribution and general location and extent of the uses of
land and building intensities in a number of ways, including
residential land use categories and population projections,
commercial floor area limitations, the floor area ratio ordinances,
incorporation of Planned Community District standards, Specific
Area Plans, and "trend growth" projections, and
WHEREAS, the Land Use and Circulation Elements are
correlated as required by California planning law in that the
original adoption of the elements were based on correlation
studies, and subsequent general plan amendments have included
comprehensive traffic studies assessing the continued correlation
of these elements; and
WHEREAS, the provisions and policies of the land Use and
Circulation Elements are further implemented by the traffic
analysis procedures of the Traffic Phasing Ordinance and the
implementation programs of that Ordinance and the Fair Share
Traffic Contribution Fee Ordinance; and
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WHEREAS, pursuant to Section 707 of the Charter of the
City of Newport Beach, the Planning Commission has held a public
hearing to consider a certain amendment to the Land Use Element of
the Newport Beach General Plan, and has recommended approval of
said amendment to the City Council; and
• WHEREAS, the proposed project is compatible with the
existing land uses in Fashion Island; and
WHEREAS, the circulation system will not be significantly
impacted by the proposed project; and
WHEREAS, the increased development in Fashion Island will
increase the economic vitality of the center and result in a
positive revenue benefit to the City; and
WHEREAS, intersections in the vicinity of the project will
function at a similar or improved level of service when compared to
the existing plan; and
WHEREAS, the project meets the criteria of the City's
Traffic Phasing Ordinance; and
WHEREAS, the City of Newport Beach prepared a final
Environmental Impact Report (EIR) for the project in compliance
with the California Environmental Quality Act (CEQA) and the State
CEQA Guidelines; and
WHEREAS, the City Council has reviewed and considered the
information contained in the certified final EIR in making its
decision on the proposed amendment to the Land Use Element of the
Newport Beach General Plan; and
WHEREAS, the City Council desires to adopt a certain
amendment to the Land Use Element of the Newport Beach General
Plan; and
WHEREAS, the City Council by this Resolution adopts the
Satement of Facts and Statement of Overriding Considerations as
required by Sections 15091 and 15093 of the State CEQA Guidelines;
and
WHEREAS, Section 21002.1 of CEQA and Section 15091 of the
State CEQA Guidelines require that the City Council make one or
more of the following Findings prior to the approval of a project
+
for which
an EIR
has
been completed,
identifying one
or
more
significant
effects
of
the project, along
with Statements
of
Facts
supporting each Finding:
FINDING 1 - Changes or alterations have been required in,
or incorporated into, the project which mitigate or avoid
the significant environmental effects thereof as identified
in the EIR.
FINDING 2 - Such changes or alterations are within the
responsibility and jurisdiction or 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.
FINDING 3 - Specific economic, ;social or other considera-
tions make infeasible the mitigation measures or project
alternatives identified in the EIR; and
WHEREAS, Section 15092 provides that the City shall not
decide to approve or carry out a project for which an EIR was
prepared unless it has
(A) Eliminated or substantially lessened all significant
effects on the environment where! feasible as shown in the
findings under Section 15091, and.
(B) Determined that any remaining significant effects on
the environment found to be unavoidable under Section 15091
are acceptable due to overriding concerns as described in
Section 15093; and
WHEREAS, Section 15093 (a) of the State CEQA Guidelines
requires the City Council to balance the benefits of a proposed
project against its unavoidable environmental risks in determining
whether to approve the project; and
WHEREAS, Section 15903 (b) of the State CEQA Guidelines
requires, where the decision of the City Council allows the
is occurrence of significant effects which are identified in the EIR
but are not mitigated, the City must: state in writing the reasons
to support its action based on the EIR or other information in the
record.
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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 Finding is true and 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
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 ad-
dressed 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
be feasibly 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
Fact 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
Is and other considerations as set forth. in the Statement of Facts and
the Final EIR.
7. The City Council finds that the unavoidable sig-
nificant impact of the project, as identified in the Statement of
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Facts, that has not been reduced to a level of insignificance has
been substantially reduced in impact: by the imposition of Condi-
tions on the approved project and the imposition of mitigation
measures. In making its decision on the project, the Planning
Commission has given greater weight to the adverse environmental
• impact. The City Council finds that the remaining unavoidable
significant impact is clearly outweighed by the economic, social
and other benefits of the project, as set forth in the Statement of
overriding Considerations.
8. The City Council finds that the Final EIR has
described all reasonable alternatives to the project that could
feasibly attain the basic objectives of the project, even when
those alternatives might impede the attainment of other project
objectives and might be more costly. Further, the City Council
finds that a good faith effort was made to incorporate alternatives
in the preparation of the draft EIR and all reasonable alternatives
were considered in the review process of the Final EIR and ultimate
decisions on the project.
9. The City Council finds that the project should be
approved and that any alternative -to this action should not be
approved for the project based on the information contained in the
Final EIR, the data contained in the Statement of Facts and for the
reasons stated in the public recori 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 Fashion Island Expansion project, the Environmental
Impact Report evaluated a range of alternatives. The project, as
approved by this action, is included in that range of alternatives.
The City Council has considered the :recommendation of the Planning
Commission in its decision on the project.
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BE IT FURTHER RESOLVED by the City Council of the City of
Newport Beach that the Land Use Element is hereby amended, with
related provisions and requirements as described herein:
Land Use Element: Revise the? development limitations in
Newport Center as follows:
Page 31:
Retail and Service Commercial Areas:
The areas of Newport Center designated for Retail
and Service Commercial are intended to provide
for predominantly retail commercial uses on those
sites.
1. Fashion Island: The allowed development in
Fashion Island is 1,310,750 square feet of
commercial development.
Page 32:
Total Permitted Development:
The total development permitted by land use
category in Newport Center is as follows:
Office
Commercial
Theatre
Hotel
Residential
Institutional
Golf Course
Automotive
Tennis
3,078,496 square feet
1-,-2%,899- sure -feet
1,319,500 square feet
3,750 seats
936 rooms
1,108 dwelling unitsl
106,100 square feet
18 holes
5 acres
24 courts
1 The number of unite indicated are based
on estimates of buildable acreage.
The remaining development in Newport Center may
be shifted between traffic analysis zones subject
to the limitations specified in City Council
Resolution 9689.
The increased development authorized by this resolution is
subject to the following requirements:
1. Dedication of all land necessary to complete the Coast
Highway widening project between Jamboree Road and
Bayside Drive. This dedication shall include a
reservation of land needed for the potential future
grade separated intersection at Coast Highway and
Jamboree Road. This reservation shall remain in
effect for a period of twenty -five years.
2. Dedication of all land necessary to complete Jamboree
Road to full master plan configuration. The Irvine
Company shall also contribute 50% of the cost of
completing improvements (including curb, gutters and
sidewalks) on Jamboree Road between the required
intersection improvement at Santa Barbara Drive and
The Newporter Resort. This improvement shall be
completed prior to the issuance of the occupancy
permit for the commercial development enabled by this
General Plan Amendment.
3. Prior to issuance of building permits, The Irvine Company
shall provide the City with a letter, the form and content
of which is acceptable to the City Attorney and the
Planning Department, agreeing that the additional develop-
ment approved in this action relative to Fashion Island
will be included in the determination of an equitable cost
distribution between The Irvine Company and the City, for
the improvement of MacArthur Blvd between East Coast
Highway and San Joaquin Hills Road to the Master Plan
configuration.
4. Occupancy permits for the development entitled by this
General Plan Amendment and the related Finding of General
Plan Consistency for the transfer of theater seats within
Newport Center shall not be issued until The Irvine
Company submits a letter agreeing to the approval of
redistricting to the P -C (Planned Community) district and
adoption of Planned Community District Regulations and
Development Plan for Block 300. This zoning text shall
reflect the development entitled to the block in the
Newport Beach General Plan.
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 23rd day of November , 1987.
ATTEST:
)4 , -;
Lgla'e- CITY CLERK
PLT/WP
WP \CC \GPA87- 1C.RS1
Exhibit 1
1
CEOA STATEMENT OF FINDINGS AND FACTS
FASHION ISLAND EXPANSION GENERAL PLAN AMENDMENT 87 -1(C)
ENVIRONMENTAL IMPACT RFCPORT NO. 137
AND PLANNED COMMUNITY DISTRICT REGULATIONS
AND DEVELOPMENT PLAN
SIGNIFICANT ENVIRONMENTAL EFFECTS WHICH CANNOT BE AVOIDED IF THE PROPOSED
PROJECT IS IMPLEMENTED, FINDINGS WITH RESPECT TO SAID EFFECTS, AND STATE-
MENT OF FACTS IN SUPPORT THEREOF, ALL WITH RESPECT TO THE PROPOSED CERTIFI-
CATION OF AN ENVIRONMENTAL IMPACT REPORT, GENERAL PLAN AMENDMENT, FASHION
ISLAND PLANNED COMMUNITY DISTRICT REGULATIONS AND DEVELOPMENT PLAN, TRAFFIC
PHASING ORDINANCE, GRADING PERMITS, CIVIC PLAZA PLANNED COMMUNITY DISTRICT
REGULATIONS, AND FINDING OF GENERAL PLAN CONSISTENCY FOR THE FASHION ISLAND
EXPANSION PROJECT, 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
EIR has been completed which identifies one or more significant envi-
ronmental effects of the project unless the public agency makes one or
more written findings for each of those significant effects accompa-
nied 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 signifi-
cant 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 Guidelines)."
The City of Newport Beach is considering approval of expansion of the Fash-
ion Island site. Because the proposed actions constitute a project under
the CEQA Guidelines, the City of Newport Beach has prepared an Environmen-
tal 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 accor-
dance with CEQA and the Guidelines, the findings set forth are herein made:
FINDINGS AND FACTS IN SUPPORT OF FINDINGS FOR
SIGNIFICANT ENVIRONMENTAL EFFECTS OF THE PROJECT
•
EFFECTS DETERMINED
TO BE INSIGNIFICANT
The City of
Newport Beach prepared an
Initial Study to identify effects of
the proposed
project which are and are
not potentially significant. Those
topics which
were determined not to be
significant are stated below:
Hydrology
Plant Life
° Animal Life
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•
M
Natural Resources
Cultural Resources
Risk of Upset
Population
° Housing
Public Service
Energy
Utilities
Human Health
EFFECTS DETERMINED TO BE MITIGABLE TO A LEVEL OF INSIGNIFICANCE
LAND USE
Signifi and
The proposed
project will
change the existing land use.
This change is not
considered a
significant
environmental effect.
Finding
Finding 1- Changes or alterations have been required in, or incorporated
into, the project which avoid or substantially lessen the significant envi-
ronmental effect as identified in the Final EIR.
Facts in Support of Findings
1. Prior to the issuance of any building or grading permits, the
applicant shall execute and record an agreement, the form and con-
tent of which is acceptable to the Newport Beach City Attorney,
acknowledging that the transfer of development approved rights
from the Civic Plaza and Block 300 sites results in designated
land with no development rights for those development rights which
are transferred, and that this is acceptable to the property
owner. The property owner shall, in the agreement, acknowledge
they have no claim or right to compensation if no additional
development rights are granted for the property from which the
development rights have been transferred.
2. The Fashion Island mall or theater complex shall not be converted
to any other land use. Allowable retail uses within the theater
shall be limited to snack bar facilities and an arcade. The the-
ater arcade shall be for the use of theater patrons only.
AESTHETICS
Significant Effect
The addition of 69,500 square feet of retail and restaurant development, an
approximately 1,354 space parking structure, and 1,700 seat theater complex
will alter the visual character of Fashion. Island. This change is not con-
sidered adverse.
Finding
Finding 1- Changes or alterations have been required in, or incorporated
into, the project which avoid or substantially lessen the significant envi-
ronmental effect as identified in the Final EIR.
Facts in Support of Finding
The significant effect has been substantially lessened to a level of insig-
nificance by virtue of the existing City Policies and Requirements and
Mitigation Measures identified in the Final EIR and incorporated into the
project. These measures include the following:
0
1. Mitigation measures have been incorporated into the Planned Commu-
nity District (P -C) Regulations and Development Plan. The P -C
Text provides specification for Fashion Island which provide land
use and development standards supportive of the proposed uses
while ensuring compliance with the intent of all applicable regu-
latory codes. The text establishes a building envelope in which
the proposed development may occur. With the exception of the
parking structure, none of the proposed development may occur out-
side of the defined Mall Area of Fashion Island. The text further
addresses significant effects which could occur without land use
and development regulations. These regulations include building
height restrictions, floor area and development limits, setback
requirements, offstreet parking requirements, permitted uses and
uses requiring a Use Permit, and signage.
The proposed retail and restaurant uses cannot exceed 69,500
square feet of development for a total of 1,310,750 square feet of
retail and restaurant uses. Mall buildings will not exceed 75
feet in height and will provide one parking space for each 250
gross square feet of retail, restaurant, and personal service
development.
2. The development shall be in substantial conformance with the
approved plot plan, floor plans, elevations, and sections.
3. A landscape and irrigation plan for the project shall be prepared
by a licensed landscape architect. The plan shall be subject to
approval by the Planning Department, the Department of Parks,
Beaches, and Recreation, and the :Public Works Department.
4. The landscape plan shall include a maintenance program which con-
trols the use of fertilizers and pesticides.
5. The landscape plan shall place emphasis on the use of drought -
resistant vegetation and be irrigated via a system designed to
avoid surface runoff and overwate:ring.
Significant Effect
The development of the 1,700 seat theater complex would add a new signifi-
cant building element to the mall. The addition of the theater use is not
considered adverse.
Finding
Finding 1- Changes or alterations have been required in, or incorporated
into, the project which avoid or substantially lessen the significant envi-
ronmental effect as identified in the Final EIR.
Facts in Suvvort of Findin
The significant effect has been substantially lessened to a level of insig-
nificance by virtue of the existing City Policies and Requirements and
Mitigation Measures identified in the Final EIR and incorporated into the
project. These measures include the following:
1. Mitigation measures have been incorporated into the Planned Commu-
nity District (P -C) Regulations and Development Plan. Development
. standards of the Fashion Island P -C Text establish theaters as a
permitted use in Fashion Island. The P -C Text permits the pro-
posed theater use to be constructed within the Mall Area of Fash-
ion Island. Theater use will be ]limited to no more than 1,700
theater seats. The building height for the theater, which is def-
ined as a Major Building in the PC Text, will have a maximum
building height of 125 feet. Parking for the theater will be pro-
vided at a ratio of one parking space for each three seats.
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2. The development'' shall be in substantial conformance with the
approved plot plan, floor plans, elevations, and sections.
Significant Effect
r
Construction of the parking structure will. create a new visual element
• within the boundaries of Fashion Island. This change is not considered
adverse.
Findin¢
Finding 1- Changes or alterations have been required in, or incorporated
into, the project which'avoid or substantially lessen the significant envi-
ronmental effect as identified in the Final EIR.
Facts in SUDDort of Findin
The significant effect Has been substantially lessened to a level of insig-
nificance by virtue o the existing City Policies and Requirements and
Mitigation Measures identified in the Final EIR and incorporated into the
project. These measures include the following:
1. Mitigation measures have been incorporated into the Planned Commu-
nity District (P -C) Regulations and Development Plan. The Devel-
opment Regulations of the P -C Text establish that offstreet park-
ing for Fashion Island will be provided onsite. Parking will be
provided within the area defined by Newport Center Drive. The
proposed parking structure can be a maximum of 55 feet in height
and is subject to the review and approval of the City Traffic
Engineer and the Public Works Department.
2. The development shall be in substantial conformance with the
approved plot plan, floor plans, elevations, and sections.
Significant Effect
In some areas of the project site, the introduction of lighting sufficient
to provide for safety may introduce light and glare in areas that are par-
tially lit. The introduction of new Might is not considered an adverse
impact.
Finding
i
Finding 1- Changes or alterations have been required in, or incorporated
into, the project which avoid or substantially lessen the significant errvi-
ronmental effect as identified in the Final EIR.
Facts in Support of Finding
The significant effect has been substantially lessened to a level of insig-
nificance by virtue of the existing City Policies and Requirements and
Mitigation Measures identified in the Final EIR and incorporated into the
project. These measures include the following:
1. Mitigation measures have been incorporated into the Planned Commu-
nity District (P -C) Regulations and Development Plan. The Devel-
opment Regulations of the P -C Text establishes that "Parking lot
lighting shall be developed in accordance with City Standards and
. shall be designed in a manner which minimizes impacts on adjacent
land uses. Nighttime lighting shall be limited to that necessary
for security and shielded from any adjacent residential area. The
plans shall be prepared and signed by a licensed electrical engi-
neer; with a letter from the engineer stating that this require-
ment has been met. The lighting plan shall be subject to review
and approval by the City Planning; Department."
m
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2. The project shall be designed to eliminate light and glare spil-
lage onto adjacent properties.
TRANSPORTATION AND CIRCULATION
VEHICULAR
• Significant Effect
The addition of project- generated traffic will have no effect on the AM
peak hour capacity and will increase the PM peak hour capacity utilization
at Santa Barbara /Jamboree. Additional capacity is required at the inter-
section of Jamboree Road and Santa Barbara Drive to mitigate a PM peak hour
condition at this intersection which is currently over capacity and is made
worse by project- generated traffic.
Finding
Finding 1- Changes or alterations have been required in, or incorporated
into, the project which avoid or substantially lessen the significant envi-
ronmental effect as identified in the Final EIR.
Facts in Support of Finding
The significant effect has been substantially lessened to a level of insig-
nificance by virtue of the existing City Policies and Requirements and
Mitigation Measures identified in the Final EIR and incorporated into the
project. These measures include the following:
1. The project applicant shall add a southbound thru -lane to the
intersection of Jamboree Road and Santa Barbara Drive and make
road improvements to Jamboree Road prior to issuance of occupancy
permits.
2. Dedication of all land necessary to complete Jamboree Road to full
Master Plan configuration. The Irvine Company shall also contrib-
ute 508 of the cost of completing improvements (including curb,
gutter, and sidewalks) on Jamboree Road between the required
intersection improvement at Santa Barbara Drive and the Newporter
Resort. This improvement shall be completed prior to the issuance
of the occupancy permit for the commercial development enabled by
this General Plan Amendment.
Significant Effect
Implementation of road improvements on Jamboree Road may adversely impact
CA- ORA -64. The potential destruction of a portion of the archaeological
site is considered a significant impact.
Finding
Finding 1- Changes or alterations have been required in, or incorporated
into, the project which avoid or substantially lessen the significant envi-
ronmental effect as identified in the Final EIR.
Facts in SnDDort of Findin
The significant effect has been substantially lessened to a level of insig-
nificance by virtue of the existing City Policies and Requirements and
Mitigation Measures identified in the Final EIR and incorporated into the
project. These measures include the following:
1. Prior to the issuance of the first building and /or grading permit
for the proposed project, a qualified archaeologist shall deter-
mine whether Mitigation Measure 1, dealing with road improve-
ments, will impact archaeological resources. Prior to occupancy,
6
all archaeological efforts required to mitigate potential impacts
to archaeological resources resulting from intersection improve-
ment shall be accomplished.
2. A qualified archaeologist shall be present during pregrade meet-
ings to inform the developer and grading contractor of the results
• of the study. In addition, an archaeologist shall be present dur-
ing grading activities to inspect the underlying soil for cultural
resources. If significant cultural resources are uncovered, the
archaeologist shall. have authority to stop or temporarily divert
construction activities for a period of 48 hours to asses the sig-
nificance of the find.
3. In the event that significant archaeological remains are uncov-
ered during excavation and /or grading, all work shall stop in that
area of subject property until an appropriate data recovery pro-
gram shall be the responsibility of the landowner and /or devel-
oper.
4. Prior to issuance of any grading or demolition permits, the appli-
cant shall waive the provisions of AB 952 related to City of New-
port Beach responsibilities for the mitigation of archaeological
impacts in a manner acceptable to the City Attorney.
PARKING
Significant Effect
Fashion Island will provide for existing and proposed development except
for approximately 11 days during the peak November /December retail season.
Finding
Finding 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.
Facts in Support of Finding
The significant effect has been substantially lessened to a level of insig-
nificance by virtue of the existing City Policies and Requirements and
Mitigation Measures identified in the Final EIR and incorporated into the
project. These measures include the following:
1. The project applicant shall provide Fashion Island employees,
shuttles to peripheral lots in Newport Center in peak periods.
2. All City requirements regarding parking shall be adhered to
throughout all phases of the proposed project.
PEDESTRIAN
Significant Effect
The proposed project will generate additional pedestrian activity within
Fashion Island. The new uses are also designed to increase pedestrian
activity within Newport Center. Potential impacts could occur with the
lack of adequate and safe pedestrian access.
Finding
Finding 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.
Facts in Support of Finding
The significant effect has been substantially lessened to a level of insig-
nificance by virtue of the existing City Policies and Requirements and
Mitigation Measures identified in the Final EIR and incorporated into the
project. These measures include the following:
• 1. The Public Works Department shall evaluate existing and proposed
pedestrian circulation patterns to assure that internal and exter-
nal pedestrian circulation adequately meets the needs of the
approved project.
BIKEWAYS
Significant Effect
The proposed project contributes to a need for bikeways from Newport Center
Drive into Fashion Island and additional bicycle facilities. These facili-
ties include bike routes, bike walking routes, bike locker rack locations,
and street access points.
Finding
Finding 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.
Facts in Support of Finding
The significant effect has been substantially lessened to a level of insig-
nificance by virtue of the existing City Policies and Requirements and
Mitigation Measures identified in the Final EIR and incorporated into the
project. These measures include the following:
1. The City shall endeavor to provide a full range of year -round rec-
reational facilities and instructional programs to adequately meet
the current and future needs of each resident. The varied pro-
grams and facilities shall include water sports and activities,
beach and harbor facilities, active park facilities, passive open
areas and view parks, senior citizen facilities, and bicycle
trails, pedestrian trails, and scenic highways.
2. The City shall insure implementation of a bikeway system to
encourage cycling as an alternative mode of transportation consis-
tent with the Master Plan of Bikeways.
3. The Master Plan of Bikeways shall be implemented concurrent with
highway and street improvements, consistent with the City's finan-
.cial ability to do so, and the availability of alternative funding
sources.
4. Appropriate bikeway improvements may be required as a condition of
development approvals.
5. The City will work with surrounding agencies for development of
connecting bikeways.
6. The project proponent has provided dual use pedestrian/bikeways at
. San Nicholas Drive and Center Drive and shall maintain these dual
use facilities. The project proponent shall also fund and be
responsible for construction and maintenance of bikeways leading
into Fashion Island and commencing at the Newport Center Drive
ring road: Santa Barbara Drive and one at either Newport Center
Drive or San Miguel Drive. The bikeways are subject to the
n
approval of the City Traffic Engineer and shall be completed prior
to the issuance of Occupancy Permits for the commercial develop-
ment enabled by this General Plan Amendment.
7. The City of Newport Beach and The Irvine Company shall reach an
agreement of appropriate bicycle facilities for the Fashion Island
• Planned Community. Bicycle facilities shall include, but are not
limited to, bike routes, bike walking routes, and bike locker
racks. An agreement for the funding and location of these facili-
ties shall be reached prior to the issuance of building permits.
Implementation of bicycle facilities shall be completed prior to
the issuance of Occupancy Permits.
NOISE
Significant Effect
Construction noise represents a short -term impact on ambient noise levels.
Construction noise can be significant if routed through residential areas.
Finding
Finding 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.
Facts in Support of Finding
The significant effect has been substantially lessened to a level of insig-
nificance by virtue of the existing City Policies and Requirements and
Mitigation Measures identified in the Final EIR and incorporated into the
project. These measures include the following:
1. Construction traffic shall not be routed on San Miguel Drive or
San Joaquin Hills Road east of MacArthur Boulevard.
2. All construction activities shall be limited to the hours of 7
a.m. to 6:30 p.m. Monday through. Friday, 8:00 a.m. to 6:00 p.m.
on Saturday, and 10:00 a.m. to 6:00 p.m. on Sunday and holidays,
except as may be deemed appropriate by the Building Official for
public safety purpose's.
AIR QUALITY
Significant Effect
An open sided parking structure will be constructed as part of the proposed
project.
Finding
Finding 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.
Facts in Support of Finding
The significant effect has been substantially lessened to a level of insig-
nificance by virtue of the existing City Policies and Requirements and
Mitigation Measures identified in the Final EIR and incorporated into the
project. These measures include the following:
1. The parking structure shall be designed and constructed in accor-
dance with the Uniform Building Code.
E
SIGNIFICANT ENVIRONMENTAL EFFECTS WHICH CANNOT BE AVOIDED IF THE PROJECT IS
TRANSPORTATION AND CIRCULATION
VEHICULAR
• Significant Effect
The project will contribute to significant cumulative traffic impacts.
This is considered a significant unavoidable adverse impact.
Finding
Finding 1- Changes or alterations have been required in, or incorporated
into, the project which avoid or substantially lessen the significant envi-
ronmental effect as identified in the Final EIR.
Facts in Support of Finding
The significant effect has been substantially lessened to the extent feas-
ible by virtue of the following Condition of Approval identified in the
Final EIR and incorporated into the project.
1. The project proponent shall pay "Fair Share" fees as required by
the Newport Beach Municipal Code.
2. The project proponent shall pay San Joaquin Hills Transportation
Corridor Fees as required by the Newport Beach Municipal Code.
3. Dedication of all land necessary to complete the Coast Highway
widening project between Jamboree Road and Bayside Drive. This
dedication shall include a reservation of land needed for the
potential future grade separated intersection at Coast Highway and
Jamboree Road. This reservation shall remain in effect for a
period of twenty -five years.
The project proponent is required by the City of Newport Beach Fair Share
Traffic Contribution Ordinance #8416 (Chapter 15.38- Municipal Code) to pro-
vide 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 circula-
tion system.
Regarding regional roadways, the project proponent is required to partici-
pate 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 construction
of the Transportation Corridor to improve regional roadway capacities and
traffic congestion.
The residual unavoidable significant effect is acceptable when balanced
against facts set forth in the Statement of Overriding Considerations and
in view of the following fact: The impact identified is considered signif-
icant 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 residual
unavoidable significant effect than to the overriding considerations.
10
BOISE
Significant Effect
The project contributes to noise on the local community.
Finding
Finding 1- Changes or alterations have been required in, or incorporated
into, the project which avoid or substantially lessen the significant envi-
ronmental effect as identified in the Final EIR.
Facts in Support of Finding
The significant effect has been substantially lessened to the extent feas-
ible by virtue of the following Condition of Approval identified in the
Final EIR and incorporated into the project.
1. Any mechanical 'equipment and emergency power generators shall be
screened from view and noise associated with said installation
shall be sound attenuated to acceptable levels in receptor areas.
The latter shall be based upon the recommendations of a licensed
engineer practicing in acoustic and be approved by the Planning
Department.
2. All construction activities shall be limited to the hours of 7:00
a.m. to 6:30 p.m. Monday through Friday, 8:00 a.m. to 6:00 p.m. on
Saturday, and 10 :00 to 6:00 p.m. on Sunday and holidays, except as
may be deemed appropriate by the Building Official for public
safety purposes.
The project proponent is required to implement mitigation measures related
to noise impacts in order to reduce effects on the local community. The
residual unavoidable significant effect is acceptable when balanced against
facts set forth in the Statement of Overriding Considerations and in view
of the following facts: The impact identified is considered significant
only on a cumulative basis, resulting from the proposed project in associa-
tion with other past, present, and reasonably foreseeable future projects,
and the project is not located adjacent to any existing residential uses.
In accordance with State law, greater weight has been given to the residual
unavoidable significant effect than to the overriding considerations.
AIR QUALITY
Significant Effect
Air pollutants will be emitted by construction equipment and dust will be
generated during grading and site preparation. Heavy -duty equipment emis-
sions are considered a short -term unavoidable adverse impact.
Finding
Finding 1- Changes or alterations have been required in, or incorporated
into, the project which avoid or substantially lessen the significant envi-
ronmental effect as identified in the Final EIR.
. Facts in SupRort of Finding
The significant effect has been substantially lessened to the extent feas-
ible by virtue of the following Condition of Approval identified in the
Final EIR and incorporated into the project.
11
1. Grading activities shall comply with South Coast Air Quality Man-
agement District Rule 403 which :requires watering for the control
of dust.
2. Fugitive dust emissions during construction shall be minimized by
watering the site for dust control, isolating excavated soil
• onsite until it is hauled away, and periodically washing adjacent
streets to remove accumulated materials.
3. Major grading shall occur when soil moisture is high.
4. Adequate dust suppressants shall be used.
The project proponent shall be required to implement mitigation measures to
reduce the potential short -term air quality impacts of the proposed pro-
ject. These impacts cannot be mitigated to a level of insignificance.
The residual unavoidable significant effect is acceptable when balanced
against facts set forth in the Statement of Overriding Considerations and
in view of the following fact: The impact identified is considered signif-
icant 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 residual
unavoidable significant effect than to the overriding considerations.
Significant Effect
The main source of emission generated by the project will be from motor
vehicles. Other emissions will be generated from the combustion of natural
gas for space heating and the generation of electricity. Emissions will
also be generated by the use of natural gas and oil for the generation of
electricity offsite.
Finding
Finding 1- Changes or alterations have been required in, or incorporated
into, the project which avoid or substantially lessen the significant envi-
ronmental effect as identified in the Final EIR.
Facts in Sunvort of Finding
The significant effect has been substantially lessened to the extent feas-
ible by virtue of the following Condition of Approval identified in the
Final EIR and incorporated into the project.
1. Mass transit accommodations shall be provided. These include, but
are not limited to, bus turnout lanes, park- and -ride areas, and
bus shelters.
2. The use of alternative transportation modes shall be encouraged by
promoting public transportation use and providing secure bicycle
facilities.
The project proponent shall be required to implement mitigation measures to
reduce the potential long -term air quality impacts of the proposed project.
These impacts cannot be mitigated to a level of insignificance. The resid-
ual unavoidable significant effect is acceptable when balanced against
. facts set forth in the Statement of Overriding Considerations and in view
of the following fact: The impact identified is considered significant
only on a cumulative basis, resulting from the proposed project in associa-
tion with other past, present, and reasonably foreseeable future projects.
In accordance with State law, greater weight has been given to the residual
unavoidable significant effect than to the overriding considerations.
12
PROJECT ALTERNATIVES
The Draft EIR evaluated alternatives for the proposed Fashion Island Expan-
sion project. The approved project represents a plan applied for by the
project proponent and initiated by the City of Newport Beach. The project
has been refined during the course of the public review through a series of
• actions including but not limited to those listed below.
1. The City staff analysis of the project.
2. Refinement of the land uses based upon meetings between the applicant
and members of the community.
3. The responses to the Notice of Preparation.
4. The responses to the Nonstatutory Advisement.
5. The responses to the comments on the Draft EIR.
FINDINGS
1. The above described plan has been prepared and analyzed in a manner so
as to provided for the greatest public involvement in the planning and
CEQA process.
2. The planning process has developed a land use plan that is in confor-
mance with the plan under which the Notice of Preparation and Nonstatu-
tory Advisement were issued and the Draft EIR as prepared.
3. The Mitigation Measures and Standard City Policies and Requirements
have been made a part of the land use 'plan.
4. The following provides a brief description of the project alternatives.
5. The alternatives were rejected in favor of the current project
proposal.
6. The rationale for rejection of each alternative is provided below.
No Proiect Alternative
i
The No Project Alternative assumes development of the project site under
the existing City of Newport beach General Plan designation.
Findings
Specific economic, social, or other considerations make infeasible the pro-
ject's No Project Alternative identified in the Final EIR and described
above in that:
1. Additional retail and restaurant development would not be permitted
under the existing General Plan.
2. The No Project Alternative would not provide for the expansion of
retail and restaurant uses.
. 3. The No Project Alternative would not provide additional annual revenues
to the City of Newport Beach.
4. The No Project Alternative would not provide roadway improvements to
the community.
5. The No Project Alternative would not: meet the planning and design
objectives of the project proponent.
13
6. The proposed project represents the best mix of use for the site, bet-
ter than the No Project Alternative, all factors considered.
7. Significant effects of the preferred project are acceptable when bal-
anced against facts set forth in the Statement of Overriding Consider-
ations and stated above, and are more acceptable than those anticipated
• from the No Project Alternative.
No Development Alternative
The No Development Alternative would retain the site is its existing condi-
tion.
Findings
Specific economic, social, or other considerations make infeasible the No
Development Alternative identified in the Final EIR and described above in
that:
1. By not allowing the development of the project, development demands
would still exist. These demands would create impacts similar to those
described in the Final EIR.
2. The No Development Alternative would not provide for the expansion of
retail and restaurant development in Fashion Island.
3. The No Development Alternative would not provide additional annual
revenues to the City of Newport Beach.
4. The No Development Alternative would not provide roadway improvements
to the community.
5. The No Development Alternative would not meet the planning and design
objectives of the project proponent.
6. The proposed project represents the best mix of use for the site, bet-
ter than the No Development Alternative, all factors considered.
7. Significant effects of the preferred project are acceptable when bal-
anced against facts set forth in the Statement of Overriding Consider-
ations and stated above, and are more acceptable than those anticipated
from the No Development Alternative.
No Development: Development At Another Location Alternative
The following sites have been identified as alternative sites to Fashion
Island for the development of retail, restaurant, and /or theater uses:
Corporate Plaza West
Corporate Plaza
Newport Village
Avocado/MacArthur
Block 800
PCH /Jamboree
PCH Frontage
Big Canyon/MacArthur
Newporter North
.
Bayview Landing
14
Findings
Specific economic, social, or other considerations make infeasible the No
Development: DevelopmenQ at Another Location Alternative identified in the
Final EIR and described above in that:
is 1. The cumulative impacts described in the Final EIR would remain the same
or be greater for the project if it were to be developed elsewhere in
Newport Center or in the periphery to Newport Center.
2. The project- specific impacts described in the Final EIR would remain
the same or be greater for the project if it were to be developed else-
where in Newport Center or in the periphery to Newport Center.
3. The Development at Another Location Alternative would not provide for
the expansion of retail and restaurant development in Fashion Island.
4. The Alternative would not meet the planning and design objectives of
the project proponent.
5. The Alternative may not provide for all the proposed uses which are
included in the proposed project.
6. Fashion Island is a superior location for the proposed planned land
uses.
7. The traffic impacts of the project would remain the same or be greater
if the project were to be developed on an alternative site in Newport
Center or on the periphery of Newport Center.
8. The alternative developments sites are not considered environmentally
superior development sites to Fashion Island.
6. Significant effects of the preferred project are acceptable when bal-
anced against facts set forth in the Statement of Overriding Consider-
ations and stated above, and are more acceptable than those anticipated
from the Development at Another Location Alternative.
ncreased Theater Alternative
Findings
Specific economic, social, or other considerations make infeasible the
Increased Theater Alternative reviewed in the Final EIR and described above
in that:
1. The Increased Theater Alternative would require additional parking
facilities.
2. The Alternative would have greater land use, transportation, noise, air
quality, and aesthetic impacts than the project.
3. The Alternative would not provide for the expansion of retail and res-
taurant uses.
4. The Increased Theater Alternative would not meet the planning and
design objectives of the project proponent.
5. The proposed project represents the best mix of use for the site, bet-
ter than the Alternative, all factors considered.
7. Significant effects of the preferred project are acceptable when bal-
anced against facts set forth in the Statement of Overriding Consider-
ations and stated above, and are more acceptable than those anticipated
from the Increased Theater Alternative.
15
Decreased Theater Alternative
Findings
Specific economic, social, or other considerations make infeasible the
Decreased Theater Alternative reviewed in the Final EIR and described above
in that:
1. The 1,700 theater seats are approved for Block 300 and Civic Plaza.
Should less theater seats be constructed in Fashion Island, the remain-
ing theater seats could still be constructed in their existing approved
locations. The traffic report indicated that the project would have
slightly less traffic distribution impacts than at the existing theater
locations.
2. The Decreased Theater Alternative would have greater transportation
impacts than the project.
Increased Parking Alternative
Findings
Specific economic, social, or other considerations make infeasible the
Increased Parking Alternative reviewed in the Final EIR and described above
in that:
1. The Increased Parking Alternative would have greater land use and aes-
thetic impacts than the project.
2. Significant effects of the preferred project are acceptable when bal-
anced against facts set forth in the Statement of Overriding Consider-
ations and stated above.
Decreased Parking Alternative
Findings
Specific economic, social, or other considerations make infeasible the
Decreased Parking Alternative reviewed in the Final EIR and described above
in that:
1. The Decreased Parking Alternative would not provide sufficient parking
for Fashion Island.
2. The Decreased Parking Alternative would have greater transportation and
air quality impacts than the project.
3. Significant effects of the preferred project are acceptable when bal-
anced against facts set forth in the Statement of Overriding Consider-
ations and stated above.
Increased Commercial Development Alternativ_g
Findings
. Specific economic, social, or other considerations make infeasible the
Increased Commercial Alternative reviewed in the Final EIR and described
above in that:
1. The Increased Commercial Development Alternative would have greater
land use, aesthetic, transportation, noise, and air quality impacts
than the project.
16
2. Significant effects of the preferred project are acceptable when bal-
anced against facts set forth in the Statement of Overriding Consider-
ations and stated above.
Decreased Commercial Development Alternativ3
Findings
Specific economic, social, or other considerations make infeasible the
Decreased Commercial Alternative reviewed in the Final EIR and described
above in that:
1. Less retail and restaurant development would be permitted than the pro-
ject.
2. The Decreased Commercial Development Alternative would provide for less
expansion of retail and restaurant uses.
3. The Decreased Commercial Development Alternative would provide less
additional annual revenues to the City of Newport Beach.
4. The Decreased Commercial Development Alternative would provide fewer
roadway improvements to the community.
5. The Decreased Commercial Development Alternative would not meet the
planning and design objectives of the project proponent.
6. The proposed project represents the best mix of use for the site, bet-
ter than the Decreased Commercial Development Alternative, all factors
considered.
7. Significant effects of the preferred project are acceptable when bal-
anced against facts set forth in the Statement of Overriding Consider-
ations and stated above.
Office Alternative
Findings
Specific economic, social, or other considerations make infeasible the
Office Alternative reviewed in the Final EIR and described above in that:
1. The Office Alternative would have greater land use, aesthetic, and
transportation impacts than the project.
2. Additional retail and restaurant development would not be permitted.
3. The Office Alternative would not meet the planning and design objec-
tives of the project proponent.
4. By not allowing the retail and restaurant development of the project,
development demands for these uses would still exist. These demands
would create impacts similar to those described in the Final EIR.
5. The project represents the best mix of use for the site, better than
the Office Alternative, all factors considered.
• 6. Significant effects of the preferred ;project are acceptable when bal-
anced against facts set forth in the Statement of Overriding Consider-
ations and stated above, and are more acceptable than those anticipated
from the Office Alternative.
17
Hotel Alternative
Findings
Specific economic, social, or other considerations make infeasible the
Hotel Alternative reviewed in the Final EIR and described above in that:
1. The Hotel Alternative would have greater land use and aesthetic impacts
than the project.
2. Additional retail and restaurant development would not be permitted.
3. The Hotel Alternative would not meet the planning and design objectives
of the project proponent.
4. By not allowing the retail and restaurant development of the project,
development demands for these uses would still exist. These demands
would create impacts similar to those described in the Final EIR.
5. The project represents the best mix of use for the site, better than
the Hotel Alternative, all factors considered.
6. Significant effects of the preferred project are acceptable when bal-
anced against facts set forth in the Statement of Overriding Consider-
ations and stated above, and are more acceptable than those anticipated
from the Hotel Alternative.
Residential Alternative
Findings
Specific economic, social, or other considerations make infeasible the Res-
idential Alternative reviewed in the Final EIR and described above in that:
1. The Residential Alternative would have greater aesthetic and transpor-
tation impacts than the project.
2. Additional retail and restaurant development would not be permitted.
3. The Residential Alternative would not meet the planning and design
objectives of the project proponent.
4. By not allowing the retail and restaurant development of the project,
development demands for these uses would still exist. These demands
would create impacts similar to those described in the Final EIR.
5. The project represents the best mix of use for the site, better than
the Residential Alternative, all factors considered.
6. Significant effects of the preferred project are acceptable when bal-
anced against facts set forth in the Statement of Overriding Consider-
ations and stated above, and are more acceptable than those anticipated
from the Residential Alternative.
Institutional Alternative
Findings
Specific economic, social, or other considerations make infeasible the
Institutional Alternative reviewed in the Final EIR and described above in
that:
18
1. By not allowing the retail and restaurant development of the project,
development demands for these uses would still exist. These demands
would create impacts similar to those described in the Final EIR.
2. The Institutional Alternative would not provide for the expansion of
retail and restaurant development in Fashion Island.
3. The Institutional Alternative would provide less additional annual
revenues to the City of Newport Beach.
4. The Institutional Alternative would not meet the planning and design
objectives of the project proponent.
6. The proposed project represents the best mix of use for the site, bet-
ter than the Institutional Alternative, all factors considered.
7. Significant effects of the preferred project are acceptable when bal-
anced against facts set forth in the Statement of overriding Consider-
ations and stated above, and are more acceptable than those anticipated
from the Institutional Alternative.
•
MR
SUMMARY OF EXISTING CITY POLICIES AND REOUIREMENTS
As. The development of the site shall be subject to the requirements of
the General Plan and zoning. The following discretionary approvals
are required:
1. General Plan Amendment
2. Traffic Phasing Ordinance
3. Fashion Island Planned Community District Regulations and
Development Plan
4. Grading Permit
5. Use Permits
6. General Plan Consistency Determination
7. Civic Plaza Planned Community District Regulations Amendment
Ab. A landscape and irrigation plan for the project shall be prepared by a
licensed landscape architect. The plan shall be subject to approval
by the Planning Department, the Department of Parks, Beaches, and Rec-
reation, and the Public Works 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 vegetation and be irrigated via a system designed to avoid
surface runoff and overwatering.
D. The project shall be designed to eliminate light and glare spillage
onto adjacent properties.
E. The development shall be in substantial conformance with the approved
plot plan, floor plans, elevations, end sections.
F. The project proponent shall pay "Fair Share" fees as required by the
Newport Beach Municipal Code.
G. The project proponent shall pay San Joaquin Hills Transportation Cor-
ridor Fees as required by the Newport Municipal Code.
H. A qualified archaeologist shall be present during pregrade meetings to
inform the developer and grading contractor 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 authority to stop or temporarily divert construction activities
for a period of 48 hours to assess the significance of the find.
I. In the event that significant archaeological remains are uncovered
during excavation and /or grading, all work shall stop in that area of
subject property until an appropriate data recovery program shall be
the responsibility of the landowner and /or developer.
J. Prior to issuance of any grading or demolition permits, the applicant
shall waive the provisions of AB 952 related to City of Newport Beach
responsibilities for the mitigation of archaeological impacts in a
manner acceptable to the City Attorney.
• K. All City requirements regarding parking shall be adhered to throughout
all phases of the proposed project.
L. The City shall endeavor to provide a full range of year -round recre-
ational facilities and instructional. programs to adequately meet the
current and future needs of each resident. The varied programs and
facilities shall include water sports and activities, beach and harbor
facilities, active park facilities, passive open areas and view parks,
senior citizen facilities, and bicycle trails, pedestrian trails, and
scenic highways.
M. The City shall insure implementation of a bikeway system to encourage
cycling as an alternative mode of transportation consistent with the
Master Plan of Bikeways.
® N. The Master Plan of Bikeways shall be implemented concurrent with high-
way and street improvements, consistent with the City's financial
ability to do so, and the availability of alternative funding sources.
0. Appropriate bikeway improvements may be required as a condition of
development approvals.
P. The City will work with surrounding agencies for development of con-
necting bikeways.
Q. Any mechanical equipment and emergency power generators shall be
screened from view and noise associated ,with said installation shall
be sound attenuated to acceptable levels in receptor areas. The lat-
ter shall be based upon the recommendations of a licensed engineer
practicing in acoustics and be approved Planning Department.
R. All construction activities shall be limited to the hours of 7:00 a.m.
to 6:30 p.m. Monday through Friday, 8:00 a.m. to 6:00 p.m. on Satur-
day, and 10:00 to 6:00 p.m. on Sunday and holidays, except as may be
deemed appropriate by the Building Official for public safety pur-
poses.
•
3
SUMMARY OF MITIGATION MEASURES
1. The project applicant shall add a southbound thru -lane to the inter-
section of Jamboree Road and Santa Barbara Drive and make road
improvements to Jamboree Road prior to issuance of occupancy permits.
2. Prior to the issuance of the first building and /or grading permit for
the proposed project, a qualified archaeologist shall determine
whether mitigation measure 1, dealing with road improvements, will
impact archaeological resources. Prior to occupancy, all archaeologi-
cal efforts required to mitigate potential impacts to archaeological
resources resulting from intersection improvement shall be accom-
plished.
3. The project applicant shall provide Fashion Island employees shuttles
to peripheral lots in Newport Center in peak periods.
4. The Public Works Department shall evaluate existing and proposed
pedestrian circulation patterns to assure that internal and external
pedestrian circulation adequately meets the needs of the approved pro-
ject.
5. The project proponent has provided dual use pedestrian/bikeways at San
Nicholas Drive and Center Drive and shall maintain these dual use
facilities. The project proponent shall also fund and be responsible
for construction and maintenance of bikeways leading into Fashion
Island and commencing at the Newport Center Drive ring road: Santa
Barbara Drive and one at either Newport Center Drive or San Miguel
Drive. The bikeways are subject to the approval of the City Traffic
Engineer and shall be completed prior to the issuance of Occupancy
Permits for the commercial development enabled by this General Plan
Amendmeht.
6. The City of Newport Beach and The Irvine Company shall reach an agree-
ment of appropriate bicycle facilities for the Fashion Island Planned
Community. Bicycle facilities shall include, but are not limited to,
bike routes, bike walking routes, and. bike locker racks. An agreement
for the funding and location of these facilities shall be reached
prior to the issuance of building permits. Implementation of bicycle
facilities shall be completed prior to the issuance of Occupancy Per-
mits.
7. Construction traffic shall not be routed on San Miguel Drive or
San Joaquin Hills Road east of MacArthur Boulevard.
8. Grading activities shall comply with South Coast Air Quality Manage-
ment District Rule 403 which requires watering for the control of
dust.
9. Fugitive dust emissions during construction shall be minimized by wat-
ering the site for dust control, isolating excavated soil onsite until
it is hauled away, and periodically washing adjacent streets to remove
accumulated materials.
10. Major grading shall occur when soil moisture is high.
11. Adequate dust suppressants shall be used.
• 12. The use of alternative transportation modes shall be encouraged by
promoting public transportation use and providing secure bicycle
facilities.
13. Mass transit accommodations shall be provided. These include, but are
not limited to, bus turnout lanes, park- and -ride areas, and bus shel-
ters.
4
14. The parking structure shall be designed and constructed in accordance
with the Uniform Building Code.
15. The Fashion Island mall area theater complex shall not be converted to
any other land use. Allowable retail. uses within the theater shall be
limited to snack bar facilities and an arcade. The theater arcade
shall be for the use of theater patrons only.
16. Prior to the issuance of any building or grading permits, the appli-
cant shall execute and record an agreement, the form and content of
which is acceptable to the Newport Beach City Attorney, acknowledging
that the transfer of development approved rights from the Civic Plaza
and Block 300 sites results in designated land with no development
rights for those development rights which are transferred, and that
this is acceptable to the property owner. The property owner shall,
in the agreement, acknowledge they have no claim or right to compensa-
tion if no additional development rights are granted for the property
from which the development rights have been transferred.
17. Dedication of all land necessary to complete the Coast Highway widen-
ing project between Jamboree Road and Bayside Drive. This dedication
shall include a reservation of land needed for the potential future
grade separated intersection at Coast Highway and Jamboree Road. This
reservation shall remain in effect for a period of twenty -five years.
18. Dedication of all land necessary to complete Jamboree Road to full
Master Plan configuration. The Irvine Company shall also contribute
508 of the cost of completing improvements (including curb, gutter and
sidewalks) on Jamboree Road between the required intersection improve-
ment at Santa Barbara Drive and The Newporter Resort. This improve-
ment shall be completed prior to the issuance of the occupancy permit
for the commercial development enabled by this General Plan Amendment.
•
Exhibit 2
1
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 environmen-
tal risks in determining whether to approve the project. The City of New-
port 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 exist-
ing 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 project represents a reasonable and mix of uses for the pro-
ject area.
4. Site is general planned for commercial and retail development and
represents the' continuation of the City's commitment for these
uses.
5. The intensity of the project is appropriate for the location.
6. The intensity of.. the project is similar to the existing develop-
ment.
7. Project intensity is substantially lower than what is permitted
under the existing zoning.
8. The project will establish planning, limits on intensity of land use
for Civic Plaza and Block 300.
9. The overall planning of the project is comprehensive and interre-
lated, not planned in a piecemeal fashion.
10. The majority of impacts associated, with this project are regional
in nature, and the project's cumulative and incremental contribu-
tion to those impacts is considered minimal and acceptable from a
regional perspective.
11. The proposed project will contribute to a fair share of roadway
improvements, specifically the City's Fair Share Traffic contribu-
tion Ordinance No. 8416 and the San Joaquin Hills Transportation
Corridor Fee Program.
12. The proposed project will contribute to improvements to roadways.
13. The project provides for alternative transportation opportunities
through the implementation of bicycle facilities. These include
bicycle routes,,bike walking routes, bike locker rack locations in
Fashion Island and street access points.
14. Revenues generated by the proposed project will exceed costs asso-
ciated with serving the proposed project resulting in a financial
gain to the City.
15. The proposed project is needed to maintain quality in Fashion
Island and maintain the shopping center's competitiveness with
other regional shopping centers. This benefits the City fiscally
and the residents of the City. The project will provide additional
services to the local community which are both needed and benefi-
cial.
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16. The project will reduce the loss of sales tax revenue to other com-
munities by the provision of new commercial opportunities.
17. The project will make the City more competitive with adjacent
jurisdictions.
. 18. Retention of disposable income in the area of the project will aid
in curbing sales "tax leakage to other communities.
19. The project provides leisure time activities in Fashion Island such
as movies, restaurants, and other activity generators. These uses
will help to achieve community desires of improving nighttime acti-
vities in the Newport Center.