HomeMy WebLinkAbout92-1 - Final Environmental Impact Report 149•
RESOLUTION NO. 92 -1
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF NEWPORT BEACH
CERTIFYING FINAL ENVIRONMENTAL IMPACT REPORT NO. 149
FOR THE NEWPORT CENTER LIBRARY EXCHANGE
WHEREAS, the City of Newport Beach proposes to enter into an agreement
with The Irvine Company to facilitate the development of a new central library in Newport
Center. The discretionary actions necessary to implement the proposed agreement consist
of the following:
1. General Plan Amendment No. 91 -1(C)
2. Local Coastal Program Amendment No. 24
3. Amendment No. 728 (Corporate Plaza PC)
4. Amendment No. 729 (Civic Plaza PC)
5. Amendment No. 730 (Corporate Plaza West PC)
6. Amendment No. 746 (Newport Village PC)
7. Traffic Study No. 72
8. Resubdivision No. 973
9. Development Agreement No. 4
WHEREAS, in compliance with the California Environmental Quality Act
(California Public Resources Code Sec. 21000 et seq.) and the CEQA Guidelines (Cal. Code
of Regulations Sec. 15000 et seq.), Draft Environmental Impact Report No. 149 has been
prepared to address the environmental effects, mitigation measures, and project alternatives
associated with the discretionary approvals necessary to implement the proposed Newport
Center Library Exchange Agreement; and
WHEREAS, the DEIR was circulated to the public for comment and review;
• and
WHEREAS, written comments were received from the public during and after
the review period; and
WHEREAS, the Planning Commission and the City Council of the City of
Newport Beach conducted public hearings to receive public testimony with respect to the
•
•
DEIR; and
WHEREAS, Final EIR 149 contains written responses to such comments as
required by CEQA; and
WHEREAS, Section 21002.1 of CEQA and Section 15091 of the 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 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.
FINDING 3: Specific economic, social or other considerations make
infeasible the mitigation measures or project alternatives
identified in the EIR; and
WHEREAS, Section 15092 of the CEQA Guidelines 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 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 15093 (b) of the CEQA Guidelines requires, where the
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decision of the City Council allows the 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; and
WHEREAS, Section 21081.6 of CEQA requires, where an EIR has been
prepared for a project for which mitigation measures are adopted, that a mitigation
• monitoring or reporting program be adopted for the project.
NOW, THEREFORE, BE IT RESOLVED that the City Council has reviewed
and considered and does hereby certify that Final Environmental Impact Report No. 149
for the Newport Center Library Exchange is complete and adequate in that it addresses all
known environmental effects of the proposed project and fully complies with the
requirements of the California Environmental Quality Act and the CEQA Guidelines. Final
EIR 149 is comprised of the following elements:
1. Draft EIR 149 and Technical Appendices
2. Comments Received on the DEIR and Responses to those Comments
3. Planning Commission Staff Reports
4. Planning Commission Minutes
5. Planning Commission Findings and Recommended Conditions for
Approval
6. City Council Staff Reports
7. City Council Minutes
8. City Council Resolutions, Findings, Conditions for Approval, and
Mitigation Monitoring and Reporting Program
All of the above information is on file with the Planning Department, City of
Newport Beach, City Hall, 3300 Newport Boulevard, Newport Beach, California 92659-
1768, (714) 644 -3225.
• BE IT FURTHER RESOLVED that the Final EIR contains a reasonable
range of alternatives 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.
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BE IT FURTHER RESOLVED that although the Final EIR identifies certain
significant environmental effects that will result if the proposed project is constructed, all
feasible mitigation measures that could eliminate or substantially reduce those adverse
effects have been included in the proposed project as described in the Final EIR.
BE IT FURTHER RESOLVED that the City Council finds and determines
• that the proposed project should be approved. In making this determination, the City
Council has balanced the benefits of the project against its environmental risks, as required
by CEQA. Those alternatives and mitigation measures not incorporated into the project are
rejected as infeasible, based upon specific economic, social and other considerations as set
forth in the Statement of Findings and Facts, attached hereto as Exhibit A, and the Final
EIR. The facts listed in support of each Finding with respect to the significant impacts
identified in the Final EIR are true and are based upon substantial evidence in the record.
The unavoidable significant adverse impacts of the project, as identified in the Statement
of Findings and Facts, that have not been reduced to a level of insignificance will be
substantially reduced by the imposition of conditions and mitigation measures. The City
Council further 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 (Exhibit B), incorporated herein by reference. The
information contained in the Statement of Overriding Considerations is true and is
supported by substantial evidence in the record.
BE IT FURTHER RESOLVED that the monitoring requirements of Public
Resources Code Sec. 21081.6 (AB 3180 of 1988) will be met through the design of the
project, required compliance with City building, grading, and other codes and ordinances,
and required compliance with the adopted mitigation measures and conditions of approval.
A Mitigation Monitoring and Reporting Program for the project is attached as Exhibit C
and incorporated herein by reference.
• BE IT FURTHER RESOLVED that Final EIR 149, the Statement of
Findings and Facts, and the Statement of Overriding Considerations, and all of the
information contained therein accurately reflect the independent judgement of the City
Council.
C!
ADOPTED THIS 13th day of Jan • . 1992.
..
Attachments:
MAYO
Exhibit A: Statement of Findings and Facts
Exhibit B: Statement of Overriding Considerations
Exhibit C: Mitigation Monitoring and Reporting Program
F. \... \L[BMRY\FlR -RESO
EXHIBIT A
STATEMENT OF FINDINGS AND FACTS
FINAL ENVIRONMENTAL IMPACT REPORT 149
NEWPORT CENTER LIBRARY EXCHANGE
BACKGROUND
The California Environmental Quality Act (CEQA) and the 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.
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 has determined that the proposed project should be approved.
A description of the project to be approved is provided below. Because the proposed
actions constitute a project under CEQA, and the Initial Study determined that the project
could have significant effects on the environment, the City of Newport Beach has prepared
an Environmental Impact Report (ETR). This EIR indicates that although there would be
no significant impacts as a direct result of the project, certain significant effects would occur
on a cumulative basis as a result of the project in conjunction with other past, present and
reasonably foreseeable future projects. The Findings and Facts set forth below explain the
City's reasons for determining that the project should be approved as proposed.
II.
A. PROJECT OBJECTIVES
The objective of the City of Newport Beach is to secure a larger site
for construction of a new expanded library facility in order to improve
library services to the community.
2. The objective of The Irvine Company is to facilitate achievement of
the City's objective through:
a. The transfer of existing development rights within Newport
Center, and
b. The transfer of a four -acre parcel in the Newport Village PC to
the City in exchange for 22,150 additional square feet of
development entitlement and a two -acre parcel in the Civic
Plaza PC (the current library site).
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B. DISCRETIONARY ACTIONS TO BE APPROVED AS PART OF THE
PROJECT
An amendment to the Land Use Element of the General Plan to
increase the allowable development on the new library site in the
Newport Village PC from 50,000 square feet to 65,000 square feet.
2. Local Coastal Program Amendment No. 24
An amendment to the Local Coastal Program Land Use Plan to
transfer 30,000 square feet of allowable office development from the
• Newport Village PC to the Corporate Plaza West PC.
3. Amendment No. 728 for the Coroorate Plaza PC
An amendment to allow 85,000 square feet of additional office
development, which is transferred from the Newport Village PC, and
the revision of the PC sign regulations.
4. Amendment No. 729 for the Civic Plaza PC
An amendment to allow 57,150 square feet of additional office
development, 35,000 square feet of which is transferred from the
Newport Village PC and 22,150 square feet of which is new
entitlement; deletion of 14,000 square feet of library entitlement, which
is transferred to Newport Village PC; and various revisions to the PC
regulations.
An amendment to establish Planned Community District Regulations
and a Planned Community Development Plan for the Corporate Plaza
West PC, which includes 145,000 square feet of development
entitlement, 30,000 square feet of which is transferred from the
Newport Village PC and 115,000 of which is currently entitled in the
General Plan.
6. Amendment No 746 for the Newport Village P('
An amendment to expand the boundary of the PC so as to include the
land bounded by Avocado Avenue, San Miguel Drive, MacArthur
Boulevard and San Joaquin Hills Road; revise the land use plan so as
to identify five statistical development areas which are distributed
between two land use designations of Governmental /Institutional and
Open Space, and delete the multiple family residential and
retail /commercial office designations; add development standards for
the development of a 65,000- square -foot library, a 100,000 - square -foot
museum, and a 4 -acre public park; and the addition of a General
Notes Section.
Request to approve a Traffic Study so as to demonstrate compliance
of the proposed entitlements for Civic Plaza, Corporate Plaza, and
Corporate Plaza West with the Traffic Phasing Ordinance.
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8. Resubdivision No. 973
Request to resubdivide an existing parcel of land into three parcels;
one parcel for a museum, one parcel for a library, and one parcel for
open space on property located in the P -C District.
Approval of a Development Agreement to provide assurance that the
applicant may proceed with the project in compliance with the
approvals described above and in accordance with the regulations and
conditions in effect at the time of project approval.
•
A. EFFECTS DETERMINED TO BE INSIGNIFICANT
R
The intensity of permitted development within Newport Center will
increase by 22,150 sq.ft. of office space and 51,000 sq.ft. of institutional
space.
Subsequent development of individual sites will visually alter the
existing environment and cumulatively contribute to area -wide land use
intensification.
Approval of the project will permit a substantial expansion of library
facilities and services, which is considered a public benefit
Temporary air quality impacts will result from library construction
activities and subsequent site development at other locations.
Emissions from construction activities will be phased over a period of
years as individual sites are built out.
Temporary impacts will result from library construction activities and
subsequent site development at other locations. Construction activities
will be phased over a period of years as individual sites are built out.
Earth Ruppices
Development will result in minor landform alteration.
Water Resources
Construction activities will cause temporary increases in pollutant
levels due to increased mechanical and human activities.
No significant biological resources exist on the sites affected by the
project. The northern portion of the Newport Village site contains a
small area of disturbed coastal sage scrub vegetation that is not viable
as wildlife habitat. The majority of the sites involved have been
previously graded.
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MM FTM 1 II��II'
The project will generate approximately 101 additional jobs in Newport
Center and create the demand for 68 additional housing units.
In the context of regional jobs /housing policy, project- related
employment generation will create additional jobs in an area
considered to be "job- rich ". To the degree that the project exceeds the
intensity of development assumed in regional forecasts, it can be
considered inconsistent with regional policy goals. The project- related
increment is a minor increase in jobs, however, within a sub - region
which is forecast to have a relative balance of jobs and housing in the
future despite variations within localized areas.
• B. EFFECTS DETERMINED TO BE MITIGATED TO A LEVEL OF
INSIGNIFICANCE
Significant Effect:
Future development will be subject to seismic activity from
active earthquake faults in the project vicinity. Sites are
characterized by a low to moderate groundshaking potential.
Some sites are also subject to expansive soils and potential soil
erosion.
Finding:
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:
This significant effect has been substantially lessened to an
acceptable level with respect to seismic risk, and to a level of
insignificance with respect to soil conditions by virtue of the
Standard City Policies identified in the Final EIR. No
additional mitigation measures are required.
Water Resources
Significant Effect:
Future development will result in an increase in impervious
surfaces, which will increase the amount and velocity of
stormwater runoff.
Finding:
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.
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Facts in Support of Finding:
The significant effect has been substantially lessened to a level
of insignificance by virtue of the Standard City Policies
identified in the Final EIR and the .following mitigation
measure:
Any on -site systems or extension of culverts for
contributory drainage from areas outside the
future developments shag be considered a
localized condition. These culverts shall be
studied during the project design phase and any
required improvements shall be installed in •
conformance with local ordinances and accepted
engineering practice.
Significant Effect
Paleontological and archaeo logical resources of significance may
exist on a number of the sites affected by the project Without
precautionary measures, these sites could be lost during
construction.
Finding:
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 insignificance by virtue of the Standard City Policies
identified in the Final EIR and the following mitigation
measure:
Prior to issuance of grading permits for any
construction on the Newport Village site, an
archaeological and paleontological records search
shall be conducted by a qualified archaeologist to
determine whether proposed activities would
encroach upon or otherwise adversely impact the
previously recorded Locus A or B of CA-Ora -167.
If it is determined that proposed activities would
affect CA -Ora -167, the following specific
procedures shall be implemented:
a. A survey of the site area shall take place
during which time surface materials shag
be flagged in order to identify the
horizontal surface boundaries of the lows.
b. Following identification of the surface
extent of any cultural resources, a 5-
square- meter grid system shall be laid out
that encompasses all flagged material.
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C.
Using the grid system, all flagged material
shall be systematically collected.
d.
After collection of surface materials, two
to three units measuring 1 square meter
shall be placed within the grid system, to
provide the limits of the vertical
distribution of the cultural material as well
as identifying its subsurface integrity.
C.
Following completion of the subsurface
units, a series of hand -dug postholes shall
be placed in the site to further define its
•
subsurface horizontal distribution.
E
All material recovered from surface
collection and subsurface units shall be
analyzed and catalogued.
g.
If sufficient shellfish remains are
recovered from the subsurface, at least
two samples shall be submitted for C„
dating.
h.
The results of the test program, including
methodology, analysis of recovered
material, and recommendations, if
necessary, for further work shall be
documented in a report.
i.
All of the above work shall be undertaken
by an archaeologist on the Orange County
List of Certified Archaeological
Consultants.
CA- Ora -167 - Locus B
a. Because of the suspected disturbed nature
of locus B, an approved archaeologist
shall be present during the initial grading
phase at the location previously identified
as that of Locus B. If a significant
subsurface deposit is uncovered during the
grading the project proponent shall be
prepared to have the material evaluated
and if need be permit the introduction of
a limited test -level investigation.
Aesthetics
Significant Effect:
Implementation of the project will allow development of
specific sites at increased intensities, which will impact the
visual character and aesthetic qualities of the area Short-term
visual impacts include construction activities, replaced by long-
term impacts of intensified urban development, increased
human activity, a modified landscape, and increased light and
glare. A modification in the overall viewshed may also be
perceived from surrounding areas. However, since the project
represents "infill" of an urbanized area, it may enhance the
appearance of undeveloped sites, since the visual character of
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most of the sites is considered of limited value.
Finding:
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 insignificance by virtue of the Standard City Policies
identified in the Final OR and the following mitigation •
measures:
Detailed visual analysis shall be conducted at the time of
use permit or site plan review for all uses to assure that
no significant adverse visual impacts will occur.
Compliance shall be determined by the City of Newport
Beach Planning Department.
' Earth beans and graded slopes shall be contoured and
landscaped to the approval of the Planning and Building
Departments.
' No exterior signs shall be permitted above the top of the
second story.
' Signage and exterior lighting shall be approved by the
Planning and Public Works Departments.
' No illuminated signs shall be roof - mounted.
' All roof - mounted mechanical equipment shall be
screened by architectural features and shall conform to
established height limits in specific areas.
No illuminated building signs within Newport Village
shall be oriented toward MacArthur Boulevard.
lic Services and Utili
Significant Effect:
Implementation of the project and subsequent development of
specific sites will incrementally increase demand for public
services including fire protection, police protection, recreational
facilities and services, sewerage and' wastewater treatment,
water supply, storm drainage, solid waste disposal, and public
transit. Demand for utilities such as natural gas, electricity, and
telephone facilities will also increase.
Finding:
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.
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Facts in Support of Finding:
The significant effect has been substantially lessened to a level
of insignificance by virtue of the Standard City Policies
identified in the Final EIR and the following mitigation
measures:
The project proponent shall work in conjunction with the
City of Newport Beach Police Department to ensure that
crime prevention features are included in building design
and construction.
' Prior to issuance of any building permits, project
proponents shall demonstrate to the Building and Public
Works Departments that adequate sewerage capacity is
• available to serve the project
C. SIGNIFICANT EFFECTS THAT CANNOT BE AVOIDED
Listed below are the significant environmental effects that cannot be avoided
if the project is implemented. These effects have been reduced to the extent
feasible through the requirements and mitigation measures described below.
The remaining unavoidable significant effects have been determined to be
acceptable when balanced against the economic, social, or other factors set
forth in the attached Statement of Overriding Considerations (Exhibit B).
Significant Effects:
The project will result in the generation of 2420 additional
vehicle trips daily when compared to present land use
entitlements. These additional trips represent approximately
2 % of the total forecasted for Newport Center in year 2010.
Although the completion of Newport Coast Drive is expected
to improve conditions at all the intersections affected by the
project, several intersections will continue to exceed the City's
level of service standard (0.90 ICU) during peak periods.
Findings:
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.
Specific economic; social, or other considerations make
infeasible the project alternatives identified in the Final EM
Other changes or alterations are within the responsibility and
jurisdiction of other public agencies, and not solely the City of
Newport Beach. Such changes have been adopted by other
agencies or can and should be adopted by such agencies.
Facts in Support of Finding:
The significant effect has been substantially lessened by virtue
of the Standard City Policies identified in the Final EIR and
the following mitigation measures:
All project proponents shall participate in the
Newport Center Transportation Management
Association.
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Prior to occupancy of any permitted structure, a
site specific Transportation Management System
(TMS) component shall be prepared by project
proponents and approved by the City Public
Works and Planning Departments.
Although the incremental traffic increase as a direct result of
the project is considered minor, it is viewed as a cumulative
significant impact within the context of on -going regional
growth. This unavoidable significant effect is considered
acceptable when balanced against the facts set forth in the
Statement of Overriding Considerations.
Other public agencies with jurisdiction to effect regional
solutions to cumulative impacts identified in the Final EIR •
include the surrounding local cities, the County of Orange, the
Southern California Association of Governments, the California
Department of Transportation, and the Federal Highway
Administration.
Significant Effect:
Although the incremental increase in air pollutant emissions
from the additional motor vehicles generated by the project is
considered minor, these emissions are viewed to be a significant
impact on a cumulative basis within the context of on -going
regional growth.
Findings:
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.
Specific economic, social, or other considerations make
infeasible the project alternatives identified in the Final EIR.
Other changes or alterations are within the responsibility and
jurisdiction of other public agencies, and not solely the City of
Newport Beach. Such changes have been adopted by other
agencies or can and should be adopted by such agencies.
Facts in Support of Finding:
The significant effect has been substantially lessened by virtue
of the Standard City Policies identified in the Final EIR and
the following mitigation treasures:
Parking areas shall be paved early during
construction activities. Appropriate construction
phasing shall be determined in conjunction with
the Public Works Department prior to issuance of
grading permits.
Major grading shall occur when soil moisture is
high. Appropriate conditions shall be determined
by the Public Works Department prior to
issuance of grading permits.
Although the incremental air pollutant emission increase as a
direct result of the project is considered minor, it is viewed as
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a cumulative significant impact within the context of on -going
regional growth. This unavoidable significant effect is
considered acceptable when balanced against the facts set forth
in the Statement of Overriding Considerations.
Other public agencies with jurisdiction to effect regional
solutions to cumulative impacts identified in the Final EIR
include the surrounding local cities, the County of Orange, the
Southern California Association of Governments, the South
Coast Air Quality Management District, the California Air
Resources Board, and the Federal Environmental Protection
Agency.
• i o se
Significant Effect:
Although the incremental increase in noise from the additional
motor vehicles generated by the project is expected to be
imperceptible to the human ear (03 dB or less), this increase
is viewed as contributing to a significant impact on a cumulative
basis within the context of on -going regional growth.
Findings:
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.
Specific economic, social, or other considerations make
infeasible the project alternatives identified in the Final EIR.
Facts in Support of Finding:
The significant effect has been substantially lessened by virtue
of the Standard City Policies identified in the Final EIR and
the following mitigation measure:
Prior to issuance of any building permits, an
acoustical study shall be prepared based on actual
pad, property, roadway grades, building locations,
and orientation to assure that noise impacts do
not exceed 50 CNEL for interior areas of office
or library buildings, and 55 CNEL for any
retail /commercial establishments.
Although the incremental noise increase as a direct result of the
project is considered minor, it is viewed as a cumulative
significant impact within the context of on -going regional
growth. This unavoidable significant effect is considered
acceptable when balanced against the facts set forth in the
Statement of Overriding Considerations.
Significant Effect:
Although adherance to standard City requirements and
mitigation measures will ensure that no significant impacts to
water resources occur as a direct result of the project, the
incremental increase in potential water pollutants, including
fertilizers, petroleum products, and heavy metals, that will occur
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on site will contribute to a potentially significant cumulative
impact on water quality in Newport Bay.
Findings:
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.
Specific economic, social, or other considerations make
infeasible the project alternatives identified in the Final EIR.
Facts in Support of Finding:
The significant effect has been substantially lessened by virtue
of the Standard City Policies identified in the Final EIR and •
the following mitigation measure:
Any on -site systems or extension of culverts for
contributory drainage from areas outside the
future proposed developments shall be considered
a localized condition. These culverts shall be
studied during the project design phase and any
required improvements shall be installed in
conformance with local ordinances and accepted
engineering practice.
All existing and proposed desilting basins located
within Newport Center or serving projects located
within Newport Center shall be maintained by
the project proponent, until such time as an
appropriate agency accepts maintenance
responsibility.
The project proponent shall comply with all
requirements of the Regional Water Quality
Control Board.
Although the incremental increase in water pollutant runoff as
a direct result of the project is considered minor, it is viewed as
contributing to a cumulative significant impact within the
context of on -going regional growth. This unavoidable
significant effect is considered acceptable when balanced
against the facts set forth in the Statement of Overriding
Considerations.
IV. PROJECT ALTERNATIVES
Backg or and
In August of 1987 a needs assessment prepared by the Newport Beach Public Library
reviewed the current level of service of the existing library system and projected
demand for services to the year 2000 and beyond. From this study a strong need was
identified for the development of a centralized resource center to act as an anchor
for the existing system of branch libraries. An expansion of the services provided in
the Newport Center area was identified as the most feasible and desirable method
of achieving the desired facility. The needs assessment concluded that a facility of
approximately 54,000 square feet on a site of 3.5 to 3.9 acres would be required to
accomodate the desired functions. (The proposed project includes a 65,000- square-
foot library facility to allow for possible future expansion and a "worst case" analysis
in the EIR.)
In 1988 a site feasibility study was prepared to provide a 'broad brush" evaluation of
six options for implementing the desired expansion. The intent of this study was to
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identify the most promising alternative for further detailed evaluation. The study
examined three variations for expansion at the existing library site, as well as three
alternative sites. Criteria utilized in the evaluation included physical site constraints,
cost, accessibility, visibility, and compatibility with adjacent properties. The study
concluded that the Newport Village site was most desirable in terms of these mteria-
A copy of this study is on file with the Newport Beach Planning Department and is
incorporated into the record by reference.
Analvsis
Section 15126(d) of the CEQA Guidelines requires that an EIR describe "a range of
reasonable alternatives to the project, or to the location of the project, which could
feasibly attain the basic objectives of the project, and evaluate the comparative merits
of the alternatives."
Four alternatives to the proposed project are evaluated in Section 5 of the Final EIR.
• These alternatives were developed with the intent of finding ways to avoid or reduce
the environmental effects of the proposed project while attaining the basic objectives
of the project, even if those alternatives might impede the attainment of other project
objectives and might be more costly. The City Council has determined that these
alternatives are infeasible, in that they would not satisfy the basic project objectives
or they would not substantially reduce the environmental effects as compared to the
proposed project. A summary of the alternatives considered, along with an
explanation of why each alternative was rejected is presented below. The Project
Objectives are presented in Section II.A, above.
1. No Project/No Development
The No Project/No Development alternative would maintain all the sites
involved in the Library Exchange Agreement in their present state, with no
change in entitlements and no construction of the new library facility. This
alternative would avoid all of the environmental effects associated with the
proposed project, and therefore is environmentally superior to the proposed
project. This alternative would not meet the basic project objectives, however,
and is therefore rejected as infeasible. In addition, this alternative would not
be consistent with the Land Use Element of the General Plan, which specifies
additional urban uses within Newport Center.
2, No Project /Development According to Existing Entitlements
This alternative would result in the development of the affected sites in
accordance with existing entitlements, as indicated in Table 2 of the Final
EIR. The environmental effects associated with this alternative are analyzed
in detail in previous Final EIRs prepared by the City of Newport Beach in
connection with General Plan Amendments 85 -1(B) and 87 -1. This
alternative would avoid the minor incremental impacts described above that
would result from development of the proposed project, therefore it is
environmentally superior to the proposed project. It would not achieve the
objective of constructing an expanded library facility, however, and is
therefore rejected.
3 Development of the New Library on the Existing Library Site
This alternative would result in the construction of an additional 51,000
square feet of library facilities at the existing Civic Plaza location.
Discretionary approvals necessary to implement this alternative would include
a General Plan Amendment and an amendment to the Civic Plaza Planned
Community to increase the allowable development intensity for the site. This
alternative is summarized on Table 28 of the Final EIR.
The 51,000 - square -foot increase in development intensity on the current 2-
acre library site would require construction of 3 to 4 additional levels in order
to accomodate the expansion within the existing building footprint, resulting
in an estimated building height of 48 to 60 feet. Such a structure would
create an abrupt change in scale and would be visually prominant in
A -12
surrounding areas due to both the structural height and the site elevation. In
order to accomodate increased parking demand, it is likely that a
subterranean garage would also be necessary. If surface parking were
provided, the height of the library structure would probably need to be
increased due to land area constraints. This could result in a conflict with the
Planned Community Regulations, which limit building heights to 65 feet.
The impacts that are directly related to building square footage such as traffic,
noise and air quality would be slightly reduced for this alternative in
comparison to the preferred project due to the elimination of 22,150 square
feet of additional office entitlement. This is considered a minor difference,
however, since no significant impacts were identified as a direct result of the
preferred project.
Although this alternative is considered environmentally superior to the •
proposed project, the reduction in impacts would not be significant. In
addition, to a large extent this alternative would simply shift traffic, noise, and
air quality impacts from the Newport Village area to the Civic Plaza area.
Due to the physical constraints of the Civic Plaza site and the opportunity for
improved access and compatibility with adjacent properties at the Newport
Village site, this alternative has been rejected.
This alternative would result in the construction of a total of 65,000 square
feet of library use on the Newport Village site and the concurrent transfer of
150,000 square feet of office entitlement to Civic Plaza. This alternative is
summarized in Table 30 of the Final EHL
The transfer of 150,000 square feet of office entitlement to Civic Plaza would
increase development intensity on this site by approximately 140% in
comparison to the preferred project Accomodation of increased development
of such a magnitude would require substantially increased building heights
and use of subterranean parking. Structural height would significantly exceed
present restrictions established by the Civic Plaza Planned Community
Regulations, which permit structures up to 65 feet in height. Future
development of this intensity would create abrupt changes in scale within
Civic Plaza and would be very prominent visually in surrounding areas.
The level of impacts which are directly related to square footage, such as
traffic, noise and air quality, would be decreased overall by approximately
12% in comparison to the preferred project. No significant project - specific
traffic, noise, or air quality impacts have been identified in association with
the preferred project, however. The overall incremental decrease in such
impacts which would occur with this alternative is considered minor. The
potential for substantially increased localized impacts exists with this
alternative, however.
Traffic, noise, and air quality impacts in the Newport Village area would be
the same for this alternative as for the preferred project. The transfer of
entitlement to the Civic Plaza area would result in adverse impacts in that
area with respect to access, parking, internal circulation, and incompatibility
with adjacent properties.
Although this alternative would incrementally reduce some impacts in
comparison to the preferred project, this would be offset by other localized
impacts in the Civic Plaza area Given this consideration, the preferred
project is considered superior to this alternative.
Conclusion
On the basis of the information presented above, the City Council has determined
that none of the project alternatives would accomplish the project objectives while
substantially reducing the environmental impacts of the project. The Statement of
Overriding Considerations (Exhibit B) presents the reasons why the City Council has
A -13
determined that the proposed project should be approved, even though it will
contribute to significant cumulative effects that cannot be fully mitigated.
F: \... \LIRRARY\E1R•RPSOA
•
A -14
EXHIBIT B
STATEMENT OF OVERRIDING CONSIDERATION
FINAL ENVIRONMENTAL IMPACT REPORT 149
NEWPORT CENTER LIBRARY EXCHANGE
The California Environmental Quality Am requires a public agency to balance the benefits
of a proposed project against its unavoidable environmental risks in determining whether
to approve the project. The City of Newport Beach has determined that the unavoidable
risks of this project are acceptable and are clearly outweighed by specific social, economic
and other benefits of the projects. In making this determination, the following factors and
public benefits were considered: •
1. The new library facility will provide space for expansion of cultural services to the
community in order to achieve the City's desired level of service.
2. The development of additional office space in Newport Center will enhance property
tax revenues and provide additional employment opportunities, both during and after
construction.
3. The private development will contribute to local circulation system improvements
through compliance with the Fair Share Traffic Ordinance.
4. Both the library and the additional office development will enhance the image of
Newport Center as a major regional commercial site.
S. The project represents a logical extension of existing development patterns in an
established urban area where adequate facilities and services are available or will be
provided with project implementation.
6. The intensity of the project is considered suitable for the property and is consistent
with existing adjacent development.
F. \.. \LIBRARY \E1R- RES0.B
B -1
EXHIBIT C
MITIGATION MONITORING AND REPORTING PROGRAM
FINAL ENVIRONMENTAL IMPACT REPORT 144
NEWPORT CENTER LIBRARY EXCHANGE
G ICS— WIVAiPE9
This mitigation monitoring program was prepared in compliance with Public Resources
Code Section 21086.6 (AB 3180 of 1988). It describes the requirements and procedures to
be followed by the applicant and the City to ensure that all mitigation measures adopted as
• part of this project will be carried out. The attached table summarizes the adopted
mitigation measures, implementing actions, and verification procedures for this project.
II. MITIGATION MONITORING PROCEDURES
Mitigation measures can be implemented in three ways: (1) through project design, which
is verified by plan check and inspection; (2) through compliance with various codes,
ordinances, policies, standards, and conditions of approval which are satisfied prior to or
during construction and verified by plan check and /or inspection; and (3) through
monitoring and reporting after construction is completed. Compliance monitoring
procedures for these three types of mitigation measures are summarized below.
A. Mitigation measures implemented through project design.
Upon project approval, a copy of the approved project design will be placed in the
official project file. As part of the review process for all subsequent discretionary or
ministerial permits, the file will be checked to verity that the requested permit is in
conformance with the approved project design. Field inspections will verify that
construction conforms to approved plans.
B. Mitigation measures implemented through compliance with codes, ordinances,
policies, standards, or conditions of approval:
Upon project approval, a copy of the approved project description and conditions of
approval will be placed in the official project file. As part of the review process for
all subsequent discretionary or ministerial permits, the file will be checked to verify
that the requested permit is in compliance with all applicable codes, ordinances,
policies, standards and conditions of approval. Field inspections will verify that
construction conforms to all applicable standards and conditions.
C. Mitigation measures implemented through post- construction monitoring.
If any mitigation measures require verification and reporting after construction is
completed the City will maintain a log of these mitigation monitoring and reporting
requirements, and will review completed monitoring reports. Upon submittal, the
City will approve the report, request additional information, or pursue enforcement
remedies in the event of noncompliance. Final monitoring reports will be placed in
the official file.
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