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HomeMy WebLinkAbout93-42 - Final Environmental Impact Report 525• RESOLUTION NO. 93 -42 L A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ADOPTING FINDINGS REGARDING THE ENVIRONMENTAL EFFECTS IDENTIFIED IN FINAL ENVIRONMENTAL IMPACT REPORT NO. 525 FOR THE UPPER NEWPORT BAY REGIONAL PARK WHEREAS, Final Environmental Impact Report No. 525 (DEIR 525) was prepared pursuant to the requirements of the California Environmental Quality Act (hereinafter "CEQA!'- Public Resources Code Section 21000 et seq.), and the State CEQA Guidelines (California Code of Regulations Section 15000 et seq. - hereinafter "Guidelines ") by the County of Orange as Lead Agency for the Upper Newport Bay Regional Park General Development Plan to address the environmental effects, mitigation measures, and project alternatives associated with the proposed Upper Newport Bay Regional Park; and WHEREAS, the City of Newport Beach, as a Responsible Agency, is required by CEQA to consider the information contained in the Final EIR prepared by the Lead Agency and to balance the benefits of a proposed project against its unavoidable environmental risks in determining whether to approve the components of the proposed project for which the City has jurisdiction; and WHEREAS, Section 21081 of CEQA and Section 15091 of the Guidelines require that a Responsible Agency make one or more of the following findings prior to 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 avoid or substantially lessen the significant environmental effects 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 Upper Newport Bay Regional Park CEQA Resolution - Page 1 WHEREAS, Section 15093(b) requires that, where the decision of a Responsible Agency allows the occurrence of significant effects which are identified in the EIR, but not mitigated, the Agency must state in writing the reasons to support its action based on the EIR or other information in the record; and WHEREAS, the City Council has reviewed all environmental documentation • comprising DEIR 525 for the Upper Newport Bay Regional Park and has found that DEIR 525 considers all environmental effects of the proposed project and is complete and adequate and fully complies with all requirements of CEQA and the Guidelines. NOW, THEREFORE, BE IT RESOLVED THAT: 1. The City Council hereby affirms that it has reviewed and considered Final EIR 525 in determining whether to approve amendments to the City's General Plan, Local Coastal Program Land Use Plan and Zoning Ordinance, and a Use Permit for the Upper Newport Bay Regional Park. The Final EIR is composed of the following elements: a. Draft EIR 525 for the Upper Newport Bay Regional Park General Development Plan b. Appendices to Draft EIR 525 C. Comments received on Draft EIR 525 and response to those comments d. All attachments, incorporations, and references delineated in items a. through d. above All of the above information is on file at the City of Newport Beach Planning Department, 3300 Newport Boulevard, Newport Beach, CA and the County of Orange, Environmental Management Agency, Environmental Planning Division, 12 Civic Center Plaza, Room G -19, Santa Ana, California, 92702. 2. After reviewing and considering all of the information contained in the Final EIR, City staff reports and public testimony presented at the public hearings the City Council has determined to approve the proposed project as described • by the County of Orange as Lead Agency in the Final EIR with the following changes: Upper Newpod Bay Regivaat Park CEQA Resolution - Page 2 a The County of Orange is hereby requested to coordinate with the Department of Fish and Game to explore the possibility of extending designated trails from Upper Newport Bay Regional Park into the Ecological Reserve in order to provide additional recreational access where such trail extensions would not cause significant environmental damage b. Prior to issuance of a grading or building permit for the Westbay portion of the party the County of Orange shall prepare • and record an easement acceptable to the City Attorney showing the relocation of the existing pedestrian and bicycle trail easements to the locations shown in the General Development Plan, with the addition of at least one east -west connection across the Westbay parcel so as to provide a loop trail system. A final copy of the GDP showing the revised trail network shall be provided to the Planning Director prior to issuance of a grading or building permit. c. Prior to issuance of a grading or building permit for the Westbay portion of the park, the County of Orange shall submit a revised General Development Plan and Resource Management Plan to the City Planning Director indicating that equestrian use is permitted on the unpaved trail paralleling University Drive and Irvine Avenue d. Mitigation Measure #14 regarding Back Bay Drive is deleted e. Dogs on leash shall be permitted in the Westbay parcel. Prior to issuance of any grading or building permit for the Westbay parcel, a revised General Development Plan and Resource Management Plan shall be submitted to the Newport Beach Planning Director stating this policy. f. The City 's continued participation with the County of Orange in the cooperative project to design and construct improvements to Irvine Avenue and on the parallel trail adjacent to the regional park shall be subject to the City's receipt of state SB 821 grant funds or other equivalent supplemental funding for this project. 2. The City Council adopts the Findings with respect to each environmental effect and project alternative identified in the EIR and the explanation of its rationale with respect to each such finding set forth in the document entitled "CEQA Statement of Findings and Facts" attached hereto and marked as Exhibit A and made a part hereof. 3. The mitigation monitoring requirements of Public Resources Code Section • 21081.6 will be met through the required compliance with the mitigation measures identified in Exhibit A which are hereby adopted as conditions of Upper Newport Bay Regional Park CEQA Resolution - Page 3 approval. A Mitigation Monitoring and Reporting Program for the project is attached hereto as Exhibit B and incorporated herein by reference. 4. All of the findings set forth in Exhibit A accurately reflect the independent • ATTEST: 1 City Clerk Attachments judgement of the City Council. ADOPTED this 14th day of June, 1993. Mayor Exhibit A. Statement of Facts and Findings Exhibit B: Mitigation Monitoring and Reporting Program • Upper Newport Bay Regional Park CEQA Resolution - Page 4 E EXHIBIT A CEQA STATEMENT OF FACTS AND FINDINGS UPPER NEWPORT BAY REGIONAL PARK GENERAL DEVELOPMENT PLAN ENVIRONMENTAL IMPACT REPORT NO. 525 FINDINGS AND FACTS IN SUPPORT OF FINDINGS FOR TIME ENVIRONMENTAL EFFECTS OF THE PROJECT I. EFFECTS DETERMINED TO BE LESS THAN SIGNIFICANT Based on the Initial Study, the Environmental Impact Report, and the substantial evidence contained therein, it has been determined with certainty that no significant impact to the environment will occur in the following areas: EARTH • There are no unique geologic or physical features which will be destroyed or modified by the project. AIR • The project will not result in increased air emissions or deterioration of ambient air quality beyond projection by the South Coast Air Quality Management District. • The project will not result in any significant changes in air movements, either locally or regionally. WATER • The project will not adversely impact groundwater resources in the vicinity. • Implementation of the proposal will not cause a substantial reduction in public water supplies. • The project will not result in the exposure of people or property to water - related hazards such as flooding or tidal waves. ENERGY • The project will not result in the use of abnormally high amounts of fuel or energy. • The project will not increase the demand upon existing sources of energy, or require the development of new sources of energy. • The proposal will not cause the conversion of valuable agricultural land to development. • The project will not preclude natural resource extraction. Upper Newport Bay Regional Park CEQA Resolution - Page A -1 TRANSPORTATION /CIRCULATION • The project will not generate additional vehicular traffic beyond that projected in regional analyses. • The current condition of Back Bay Drive does not conform to current design standards in terms of pavement width and parking. In the Final EIR the County of Orange has identified this as a potentially significant adverse impact of the project. However, the Newport Beach City Council believes this is an existing condition and • not a direct result of the proposed project, therefore it is not considered to be a significant environmental effect requiring mitigation. • The project will not alter waterborne, rail, or air traffic. • PUBLIC HEALTH AND SAFETY • The project does not involve the risk of explosion or the release of hazardous substances, including oil, pesticides, chemicals, or radiation in the event of an accident or upset condition. • The project will not result in the exposure of persons or property to wildland fire hazards. • No previous use of the site will result in the exposure of persons to hazardous substances, including, but not limited to, oil, pesticides, chemicals, or radiation. • The project does not place present or future surrounding residents at risk of exposure to toxic or radioactive gas, explosions, or industrial fires. • The proposal will not interfere with an emergency response plan or evacuation plan. • The project will not use or dispose of potentially hazardous materials such as toxic substances, flammables, or explosives. LIGHT AND GLARE • The project will not produce significant new sources of light and glare. PUBLIC SERVICES AND UTILITIES • The project will not adversely impact fire protection, police protection, schools, parks and recreation, or solid waste disposal services. Upper Newport Bay Regional Park CBQA Resolution - Page A -2 II EFFECTS DETERMINED TO BE MITIGABLE BELOW THE LEVEL OF Based on the information contained in the Environmental Impact Report (EIR), it has been determined that the following potentially significant impacts will be reduced to a level that is less than significant with the imposition of the mitigation measures contained in the EIR as enumerated below: • EARTH RESOURCES Significant Effect • The project site will be subject to ground - shaking and potential surface rupture during a seismic event. • Liquefaction will be a significant concern during the maximum credible earthquake on the Newport- Inglewood Fault in areas of sandy soils. Finding Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effects as identified in the 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. Facts in Saport of Finding The significant effects have been reduced to a level of insignificance by virtue of the Standard County Policies and Requirements and Mitigation Measures identified in the EIR and incorporated into the project. These measures include the following: 1. Prior to the issuance of a building permit including grading, the construction documents for the Interpretive Center, including the final geotechnical report, shall be submitted to the Manager, Development Services. The report will be based on 80 -scale maps and will primarily involve assessment of potential soil related constraints and hazards, such as landslides, settlement, liquefaction, or related seismic impacts where determined to be appropriate by the County of Orange. The report shall also include evaluation of potentially expansive soils and recommend construction procedures and /or design criteria to minimize the effects of these soils on the proposed project, as well as an analysis of soils properties to determine any existence of soluble sulfate in the soil. The report shall also establish foundation design parameters. This report shall recommend appropriate mitigation measures for the grading and shall be completed in a manner specified by the County of Orange Grading Code. AIR QUALITY Significant Effect • Grading for the project will result in the generation of approximately 0.10 tons of fugitive dust on a dally basis. This is considered more of a local nuisance than a long -term health problem. Upper Newport Bay ReglorW Park C.QA Resolution - Page A-3 • The project does not propose activities of sufficient magnitude that it would meet threshold requirements for review under the Air Quality Management Plan/State Implementation Program Guidelines. Fin in 1. Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effects as identified in the 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. Facts in Support of Finding The significant effects have been reduced to a level of insignificance by virtue of the Standard County Policies and Requirements and Mitigation Measures identified in the EIR and incorporated into the project. These measures include the following: 2. Prior to the award of a construction or grading contract, the contract plans shall be submitted to the Program Manager, Transportation Planning including requirements to meet: SCAQMD Rule 403 which will require watering during earth moving operations, soil binders to be spread on construction sets or unpaved roads and /or parking areas, street sweeping of roads adjacent to the project site, that trucks be washed off before leaving the construction site, that construction equipment be properly maintained and tuned, and that grading be suspended during second stage (or worse) smog alerts. 3. Prior to the award of a construction or grading contract, the contract plans shall be submitted to the Program Manager, Transportation Planning including requirements that construction personnel should be provided with preferential parking for carpools, bicycle racks, and free bus passes. Parking for construction personnel should not interfere with traffic flows. Personnel parking and construction vehicle staging areas shall be placed in a manner to avoid sensitive resources on the property. Construction affecting roadways should be performed during non -peak hours. A flag person should be provided during times when construction affects roadways, and one lane in each direction should remain open. 4. Prior to the issuance of a certificate of use and occupancy, the following measures shall be incorporated into the project in a manner meeting the approval of the Program Manager, Transportation Planning: a. Encourage the use of alternate transportation modes by promoting public transit usage and providing secure bicycle facilities. b. Provide mass transit accommodations such as bus turnout lanes, park and ride areas, and bus shelters. C. Provide energy - conserving lighting. d. Provide landscaping with native drought resistant plant species to shade buildings during summer. • Upper Newport Bay Regional Park CBQA Resolulioa - Page A-4 DRAINAGE /HYDROLOGY Significant Effect • Implementation of the project will result in an incremental increase in the impervious surfaces on the property, which will result in a commensurate increase in runoff and the introduction of urban pollutants into Upper Newport Bay. Fin din • 1. Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effects as identified in the 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. Facts in Support of Finding The significant effects have been reduced to a level of insignificance by virtue of the Standard County Policies and Requirements and Mitigation Measures identified in the EIR and incorporated into the project. These measures include the following: 5. Prior to the execution of a construction or grading contract, the following drainage studies shall be submitted to and approved by the Manager, Harbors, Beaches & Parks /Parks Design: a. A drainage study of the project site including diversions, off -site areas that drain onto and /or through the project, and justification for any diversions; and b. A drainage study demonstrating that proposed drainage patterns will not overload existing storm drains; and C. Detailed drainage studies indicating how the project grading in conjunction with the drainage conveyance system including applicable swales, channels, street flows, catch basins, storm drains, and flood water retarding will allow building pads to be safe from inundation from rainfall which may be expected from all storms up to and including the theoretical 100 -year flood. 6. Prior to the execution of a construction or grading contract, the contract and plans, including the following improvements, shall be submitted for approval to the Manager, Harbors, Beaches, and Parks /Parks Design: a. All provision for surface drainage; and b. All necessary storm drain facilities extending to a satisfactory point of disposal for the proper control and disposal of storm runoff. Prior to the issuance of a certificate of use and occupancy, said improvements shall be constructed in a manner meeting the approval of the Manager, EMA /Construction Division. • 7. Prior to the initiation of grading, the applicant (County or contractor) shall obtain approval of an NPDES permit from the Regional Water Quality Control Board. Said permit shall specify appropriate storm water Best Management Practices to be incorporated into the project to ensure an acceptable level of control of non -point pollution sources. Upper Newport Bay Regional Park CEQA Resolution - Page A-S BIOLOGICAL RESOURCES Significant Effect • The Interpretive Center and nearby interpretive node, as well as future horticultural plantings of trees in the grasslands on the north side of the bay will have an adverse impact on portions of a scattered population of sensitive Southern Tarplant. • Work toward the establishment of the vernal pool may result in the loss of • Southwestern Spiny Rush. The loss of individual plants is not considered significant, however, any degradation of the limited alkaline wetland habitat occupied by this plant would be considered significant. • Habitat for the California Gnatcatcher would be disturbed by a proposed trail connection and the increased human and domestic animal encroachment associated with it. • A burrowing owl nesting site (a species of special concern) is located in the area where trails near the Interpretive Center are to be located. Fin in 1. Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effects as identified in the 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. Facts in Support of Finding The significant effects have been reduced to a level of insignificance by virtue of the Standard County Policies and Requirements and Mitigation Measures identified in the EIR and incorporated into the project. These measures include the following: 8. Prior to the issuance of a building permit including grading, the construction documents shall be submitted for the review and approval of the Manager, EMA/Harbors, Beaches, and Parks /Parks Design. Said plans shall indicate the following: a. Landscaping and trails are sited in such a manner as to not disturb the scattered populations of Southern Tarplant. Individual plants to be disturbed shall be transplanted to appropriate habitat; and b. If establishment of the "vernal pool" is undertaken, it shall be done in a manner so as to not disturb the hydrologic or vegetative character of the area, especially the limited alkaline wetland habitat adjacent to the proposed "Vernal Pool "; and C. The "Vista del Playa" access shall be relocated such that the California Gnatcatcher habitat which it currently crosses is not disturbed. d. The trails serving the Interpretive Center shall be relocated, or appropriate buffer provided, to protect the burrowing owl nesting site. Upper Newport Bay Regional Park CHQA Resolution - Page Afi CULTURAL /SCIENTIFIC Significant Effect • A total of 16 archaeological sites were recorded within the boundary of the park. A portion of each of these sites will be impacted by planned development within the park. • All of the rock units present on the site have a high potential for the discovery of • significant paleontological resources. Findine 1. Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effects as identified in the 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. Facts in Support of Finding The significant effects have been reduced to a level of insignificance by virtue of the Standard County Policies and Requirements and Mitigation Measures identified in the EIR and incorporated into the project. These measures include the following: 9. For any archaeological site which may be adversely impacted, a County - certified archaeologist shall be retained by the applicant to perform a subsurface test level investigation and surface collection as appropriate. The test level report evaluating the site shall include discussion of significance (depth, nature, condition and extent of the resources), final mitigation recommendations and cost estimates. Excavated finds shall be offered to the County of Orange, or designee, on a first refusal basis. Applicant may retain said finds if written assurance is provided that they will be properly preserved in Orange County, unless said finds are of special significance, or a museum in Orange County indicates a desire to study and /or display them at this time, in which case items shall be donated to County, or designee. Final mitigation shall be carried out based upon the recommendations and a determination as to the site's disposition by the Manager, EMA /Harbors, Beaches, and Parks /Program Planning Division. Possible determinations include, but are not limited to, preservation, salvage, partial salvage or no mitigation necessary. Prior to award of any construction or grading contract, the contract and plans shall be provided to the Chief, EMA /Regulation /Grading Section, including written evidence that a County- certified archaeologist has been retained, shall be present at the pre - grading conference, shall establish procedures for archaeological resource surveillance, and shall establish procedures for temporarily halting or redirecting work to permit the salvage, sampling, identification, and evaluation of the artifacts as appropriate. If additional or unexpected archaeological features are discovered, the archaeologist shall report such findings to the Manager, EMA /Harbors, Beaches, and Parks /Program Planning Division. If the archaeological resources are found to be significant, the archaeological observer shall determine appropriate actions for exploration and /or salvage. Excavated finds shall be offered to the County of • Orange, or designee, on a first refusal basis. Applicant may retain said fords if written assurance is provided that they will be properly preserved in Orange County, unless said finds are of special significance, or a museum in Orange County indicates a desire to study and /or display them at this time, in which case items shall be donated to County, or designee. These actions, as well as final mitigation and Upper Newport Bay Regional Pack CBQA Resolution - Page A -7 disposition of the resources, shall be subject to the approval of the Manager, EMA /Harbors, Beaches, and Parks /Program Planning Division. 10. Prior to award of any construction or grading contract, the contract and plans shall be provided to the Chief, EMA /Regulation /Grading Section, including written evidence that a County - certified paleontologist has been retained to conduct pregrading salvage, observe any grading activities, salvage fossils as necessary, and prepare a catalogue of the exposed resources. The paleontologist shall be present at the pre - grading conference, shall establish procedures for paleontological resource • surveillance, and shall establish procedures for temporarily halting or redirecting work to permit the salvage, sampling, identification, and evaluation of the fossils. If major paleontological resources are discovered, which require long -term halting or redirecting of grading, the paleontologist shall report such findings to the Manager, EMA /Harbors, Beaches, and Parks /Program Planning Division. The paleontologist shall determine appropriate actions to ensure proper exploration and /or salvage. Excavated finds shall be offered to the County of Orange, or designee, on a first refusal basis. Applicant may retain said finds if written assurance is provided that they will be properly preserved in Orange County, unless said finds are of special significance, or a museum in Orange County indicates a desire to study and /or display them at this time, in which case items shall be donated to County, or designee. These actions, as well as final mitigation and disposition of the resources, shall be subject to the approval of the Manager, EMA /Harbors, Beaches, and Parks /Program Planning Division. The paleontologist shall submit a follow -up report for approval by the Manager, EMA /Harbors, Beaches, and Parks /Program Planning Division, which shall include the period of inspection, methodology, an analysis of the artifacts found, a catalogue of artifacts, and their present repository. AESTHETICS Significant Effect • Because of the prominent location of the proposed Interpretive Center, at generally the high point of the park property, it has the potential to result in significant impacts on views of the bay and park from proposed trails and other closely adjacent viewpoints. Finding 1. Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effects as identified in the EIR. Facts in Support of Finding The significant effects have been reduced to a level of insignificance by virtue of the Standard County Policies and Requirements and Mitigation Measures identified in the EIR and incorporated into the project. These measures include the following: 11. Prior to issuance of a building permit including grading, for the Interpretive Center, plans shall be submitted for the review and approval of the Manager, EMA /Harbors, Beaches and Parks /Parks Design and the Newport Beach Building Director. • Said plans shall demonstrate compliance with the City of Newport Beach 24/28 -foot height limit, shall be designed so as to minimize adverse impacts to public views from Irvine Avenue, and shall indicate that non - reflective glass shall be used on all windows overlooking Upper Newport Bay. Upper Newport Bay Regional Park CEOA Resolution - Page A-8 12. Prior to the issuance of a building permit including grading, the construction documents shall be submitted for approval to the Manager, Development Services and the Newport Beach Building Director for the area surrounding the Interpretive Center, ensuring that the parking lot shall be landscaped, equipped for irrigation, and improved as stated below: a. Preliminary Plan - Prior to the issuance of a building permit, a preliminary landscape plan, indicating use of • native and drought tolerant species, and a cost estimate shall be submitted for the review and approval of the Manager, Subdivision Division. b. Detailed Plan - Prior to the initiation of construction, a detailed landscape plan shall be submitted to and approved by the Manager, Subdivision Division and the Newport Beach Public Works Department. Detailed plans shall show the detailed landscaping and irrigation design; and the preservation of views from Irvine Avenue. C. Installation Certification - Prior to the issuance of final certificates of use and occupancy, said improvements shall be installed and shall be certified by a licensed landscape architect as having been installed in accordance with the approved detailed plans. Said certification shall be furnished in writing to the Manager, EMA /Public Works /Construction Division and the Newport Beach Building Director. LAND USE Significant Effect • The project proposes the construction of a 10,000 square foot Interpretive Center on the site. The City of Newport Beach General Plan and Local Coastal Program Plan limit on -site structures to 8,000 square feet. Fin din Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effects as identified in the EIR. Facts in Sunnort of Finding The significant effects have been reduced to a level of insignificance by virtue of the Standard County Policies and Requirements and Mitigation Measures identified in the EIR and incorporated into the project. These measures include the following: 13. Prior to the issuance of a building permit including grading the County shall submit an application to the City of Newport Beach for amendment of the City s General • Plan and Local Coastal Program to accommodate the 10,000 square foot Interpretive Center as proposed. After approval by the City, said approvals and an application for a Coastal Development Permit shall be referred to the State Coastal Commission for approval. Upper Newport Bay Regional Park CEQA Resolution - Page A -9 TRANSPORTATION /CIRCULATION Significant Effect • Construction of the Interpretive Center and parking lot could create hazards for motorists and pedestrians if not properly designed with appropriate sight distances, turnouts, bus loading areas, etc. Fin din • 1. Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effects as identified in the EIR. • Facts in SuDDort of Findin The significant effects have been reduced to a level of insignificance by virtue of the Standard County Policies and Requirements and Mitigation Measures identified in the EIR and incorporated into the project. These measures include the following: 14. (Deleted) 15. Prior to the issuance of a building permit including grading, an access and parking plan for the Interpretive Center shall be submitted for the review and approval of the Director, EMA /Transportation and the City of Newport Beach Traffic Engineer. Said plan shall indicate that access and parking have been designed to appropriate standards for sight distance, parking and accessways, bus and vehicle tum -outs, etc. RECREATION Significant Effect • The restrictions on access to areas of the park property may be viewed as an adverse impact by those who have historically taken advantage of unregulated access to the park property under both public and private ownership. Finding 1. Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effects as identified in the EIR. Facts in Suyyort of Finding The significant effects have been reduced to a level of insignificance by virtue of the Standard County Policies and Requirements and Mitigation Measures identified in the EIR and incorporated into the project. These measures include the following: • Implementation of the General Development Plan results in a balance between recreational access and resource management and preservation, reducing the significant impact to a level of insignificance. Upper Newport Bay Regional Park CBQA Resolution - Page A -10 NOISE Significant Effect • During construction of the Interpretive Center and related improvements, and improvements to University Drive, temporary construction noise will intermittently reach 95 dBA on the construction site. Residential structures located as close as 50 feet to the construction site will be exposed to this noise. This noise level is in excess of County and City of Newport Beach standards. • This impact was reported as a significant, albeit temporary, unavoidable adverse impact of project development in the Draft EIR. Subsequent to distribution of the Draft EIR, County staff responsible for reviewing noise and acoustical studies provided substantial and credible evidence indicating that such construction noise impacts are not significant unavoidable adverse impacts of the project. This substantial evidence, correspondence dated September 10, 1992 from Paul Wang of Development Services - Acoustics, which correspondence is incorporated herein by this reference, stated that the impact is not considered significant because it is temporary, lasting only for the duration of the construction project, and that the proposed mitigation measures will reduce the identified construction noise impact to a level of insignificance. The City Council has considered the evidence in the Draft EIR and that provided by County staff and has concluded that the impact has been reduced to a level of insignificance subject to the findings and facts enumerated below. As part of this action, the City Council finds that none of the criteria mandating a significant effect on the environment, as described in §15065 of the California Code of Regulations (State CEQA Guidelines) are present. Finding 1. Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effects as identified in the EIR. Facts in Support of Finding The significant effect has been reduced to a level of insignificance by virtue of the Standard County Policies and Requirements and Mitigation Measures identified in the EIR and incorporated into the project. These measures include the following: 16. Construction activities shall be conducted in accordance with the City of Newport Beach Municipal Code, which limits the hours of construction and excavation work to 7:00 am. to 6:30 p.m. on weekdays and 8:00 am. to 6:00 p.m. on Saturdays. No person shall, while engaged in construction, remodeling, digging, grading, demolition, painting, plastering, or any other related building activity, operate any tool, equipment or machine in a manner which produces loud noise that disturbs, or could disturb, a person of normal sensitivity who works or resides in the vicinity, on any Sunday or on any holiday. 17. Prior to the issuance of a building permit including grading, the construction documents shall be submitted for approval to the Manager, Development Services, including written evidence that: a. All construction vehicles or equipment, fixed or mobile, operated within 1,000 • feet of a dwelling shall be equipped with properly operating and maintained mufflers. b. All operations shall comply with Orange County Codified Ordinance Division 6 (Noise Control). Upper Newport Bey Regional Park CEQA Resolution - Pap .4-11 C. Stockpiling and /or vehicle staging areas shall be located as far as practicable from dwellings. III. SIGNIFICANT EFFECTS WHICH CANNOT BE AVOIDED IF THE PROJECT IS IMPLEMENTED All significant environmental effects that can be feasibly avoided have been eliminated or substantially lessened by virtue of the mitigation measures identified in the Final EIR and • incorporated into the project as set forth above. Further, as set forth above, substantial evidence supports the finding that the unavoidable adverse impact resulting from construction noise is, in fact, reduced to a level of insignificance by the application of the mitigation measures proposed and because the impact is temporary, lasting only as long as the construction activity. Therefore, all impacts of the project have been reduced to a level of insignificance and no significant impacts which cannot be avoided will result from implementation of the project. IV. PROJECT ALTERNATIVES Five project alternatives were presented in the EIR. These alternatives have been reviewed and considered in light of the adverse environmental effects which may result from the project in the reduction or elimination of such effects which might be accomplished by selection of one of the alternatives. Each alternative is summarized below and specific economic, social, or other considerations that rendered such alternatives infeasible are set forth. The discussions below are intended to summarize and not fully restate the evidence contained in the Draft EIR, Response to Comments, and the administrative record as a whole. Findings 1. The project has been designed in a manner so as to provide the greatest public involvement in the planning and CEQA process. 2. The following provides a brief description of the project alternatives. 3. The alternatives were rejected in favor of the current project proposal as revised. 4. The rationale for rejection of each alternative is provided below. 5. The rejection rationale is supported by the public record including, but not limited to, the Final EIR. NO PROJECT ALTERNATIVE (6.1) The No Project Alternative assumes that use of the park property would remain as it exists today. Under the County's Interim Operations Plan, pedestrian, bicycle, and equestrian use is limited to dirt and paved trails and a ranger is on -site to enforce the operations plan. Under the Pre - County Ownership condition, access to the site is uncontrolled. Findings • Specific economic, social, or other considerations make infeasible the No Project Alternative described in the Final EIR in that: 1. The No Project Alternative does not achieve the goals established for the park by the Citizen's Advisory Committee. Upper Newport Bay Regional Park CEQA Resolution - Page A -12 2. The No Project Alternative would not control access in areas where increased human encroachment might damage or destroy sensitive biological resources. 3. The No Project Alternative would leave the County open to liability claims from individuals that may suffer personal injury on the property. 4. The No Project Alternative would not provide for the improvement of trails, including the stabilization of slopes and unimproved drainage channels which convey urban runoff and silt into the Upper Newport Bay during storms. • LOW INTENSITY ALTERNATIVE (6.2) The Low Intensity Alternative would provide for a less intense improvement program and use pattern on the property. The Interpretive Center would not be constructed if this alternative were implemented. Findings Specific economic, social, or other considerations make infeasible the Low Intensity Alternative described in the Final EIR in that: 1. The Low Intensity Alternative does not achieve the goals established for the park by the Citizen's Advisory Committee including: • The alternative significantly limits the public's ability to access and enjoy the site. • The alternative eliminates, or severely limits, the opportunity for educational and interpretive programs which would increase public understanding and appreciation of the significant natural and cultural resources of the site. MEDIUM INTENSITY ALTERNATIVE (6.3) The Medium Intensity Alternative provides a similar level of access and recreational opportunities as the proposed project. The major difference between the alternative and the project is increased access opportunities to the bay on the Westbay parcel. Fin in Specific economic, social, or other considerations make infeasible the Medium Intensity Alternative described in the Final EIR in that this variation does not have the ability to reduce or eliminate impacts identified in the EIR and it actually has the potential to increase impacts to biological resources by allowing increased human contact with the bay. HIGH INTENSITY ALTERNATIVE (6.4) The High Intensity Alternative provides a significant increase in access opportunities for pedestrians, equestrians, and bicyclists. The expanded recreational opportunities include increased access to the bay and its associated resources. • Findings Specific economic, social, or other considerations make infeasible the High Intensity Alternative described in the Final EIR in that this variation does not have the ability to reduce or eliminate impacts identified in the EIR and it actually has the potential to increase impacts to biological resources by allowing increased human contact with the bay. Upper Newport Bay Regional Park CEOA Resolution - Page Ada CURRENT LEVEL OF HUMAN ACTIVITY (6.5) This alternative represents a hybrid between the project case and current levels of use. The alternative contains two basic components: construction of the interpretive center, parking lot, and other related facilities described in the GDP; and the retention of the existing pattern of unregulated access and use as exists today. Findings • The project approved by the City Council incorporates some aspects of this alternative, including continued access by horses and dogs, and the addition of a loop trail connection in the Westbay parcel. Specific economic, social, or other considerations make infeasible other aspects of the Current Level of Human Activity Alternative described in the Final EIR in that it would not substantially reduce any of the impacts described in the EIR and has the potential to increase impacts to biological resources by allowing increased human contact with the bay. 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