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HomeMy WebLinkAbout88-75 - Certifying Earlier EIR for Triangle Square DevelopmentRESOLUTION NO. 88-75 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CERTIFYING AN EARLIER ENVIRONMENTAL IMPACT REPORT AND MAKING FINDINGS REGARDING THE ENVIRONMENTAL IMPACT OF THE PRO- POSED TRIANGLE SQUARE DEVELOPMENT. WHEREAS, the guidelines for implementation of the California Environ- mental Quality Act (Title 14, California Code of Regulations Section 15153) provide authority for the City Council of the City of Costa Mesa (the "City Council") to use an earlier Environmental Impact Report prepared in connec- tion with an earlier project as the Environmental Impact Report for a later project if the circumstances of the projects are essentially the same; and WHEREAS, on December 18, 1985, by Resolution Nos. 76-85 and 85-109, respectively, the Costa Mesa Redevelopment Agency (the "Agency") and the City Council certified an Environmental Impact Report (the "earlier EIR") for the proposed development of commercial and retail space in a project area which included the 4.5 acres bordered by Newport Boulevard, 19th Street, and Harbor Boulevard in the City of Costa Mesa; and WHEREAS, the City staff, relying on the earlier EIR, has prepared and circulated for public review, an initial study for the Triangle Square Development, a proposed retail and commercial development on the 4.5 acres bordered by Newport Boulevard, 19th Street, and Harbor Boulevard in the City of Costa Mesa (the "project site"); and WHEREAS, the Agency proposes the development of commercial and retail space on the project site by a private developer (the "developer") under Disposition and Development Owner Particiption Agreement (the "agreement"); and WHEREAS, proper notice has been given and duly noticed public hearings were held by the Agency on September 14, 1988, and the City Council on September 19, 1988, at which time all interested persons were given an opportunity to be heard; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Costa Mesa, California, as follows: 1. The City Council hereby determines and certifies that: A. The information contained in the earlier EIR has been reviewed and considered by the members of the City Council with respect to the proposed develpment of the project site and the proposed agreement; and B. The earlier EIR is adequate and has been prepared in compliance with the provisions of the California Environmental Quality Act, the State CEQA guidelines, and the local guidelines of the City of Costa Mesa for implementing CEQA; and C. Based on the Findings of Fact and Statement of Overriding Considerations regarding the environmental impacts on the Triangle Square Development attached to this resolution and incorporated herein by this reference, the Triangle Square Project will not have a significant effect on the environment. PASSED AND ADOPTED this 19th day of September, 1988. ATTEST: My Clerk of the City of Costa sa Mayor of the City of Costa Mesa STATE CF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF COSTA MESA ) V LLI' i I, EILEEN P. PHINNEY, City Clerk and ex -officio Clerk of the City Council of the City of Costa Mesa, hereby certify that the above and fore- going Resolution No. 88-75 was duly and regularly passed and adopted by the said City Council at a regular meeting thereof, held on the 19th day of September, 1988. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the City of Costa Mesa this 20th day of September, 1988. �27 / to a — ) 61 - Ci y Clerk and ex -officio Clerk the City Council of the City of Cost Mesa FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS REGARDING THE ENVIRONMENTAL IMPACT OF THE TRIANGLE SQUARE DEVELOPMENT 1. The City Council of the City of Costa Mesa hereby finds: A. That the circumstances of the Triangle Square Development Project (the "Project") and the project analyzed in EIR 1026 (the "earlier EIR" certified by this City Council in December, 1985) are essentially the same. The earlier EIR adequately describes the general environmental setting of the Project, the significant environmental impacts of the Project, and alternatives and mitigation measures related to each significant effect of the Project; B. That substantial changes have not been proposed in the Triangle Square Development Project (the "Project") which would have required major revisions of the earlier Environmental Impact Report; C. That substantial changes have not occurred with respect to the circumstances under which the Project is being undertaken which would have required major revisions in the earlier Environmental Impact Report; and D. That new information, which was not known and could not have been known at the time the earlier Environmental Impact Report was certified as complete, has not become available. 1. Hvdrologv A. impact The City Council finds that potential adverse drainage impacts may result from development of the Project. B. Mitigation 1. An erosion/siltation control plan for project grading shall be submitted to the California Regional Water Quality Control Board prior to the commencement of any constructtun activities. fik tf i 81 Y --- R F S o i. O -ri a N s8 -,7s7 Echibit for Resolution No. 88-75 Page 1 of 21 2. The City should continue to make available the funding sources to pay for needed drainage system improvements. 3. The project site should be graded to. maximize drainage efficiently. 4. Buildings and subterranean parking garages shall be designed to prevent or minimize flooding potential. 5. The project sponsor shall -submit hydrology calculations prepared by a Civil Engineer or Architect prior to approval of the grading plan. �. �. . � IST -TTM This City Council finds that incorporation of the above mitigation measures into the conditions of approval for the Project or the Agreement concerning development of the Project will result in full mitigation of drainage impacts. 2. Air Quality A. Zmvact A short-term construction phase of the development of the Project will produce two sources of air pollution emissions: exhaust emissions during construction, and dust generation as a result of earth movement and equipment traffic over temporary roads. The long-term impacts associated with the proposed development consist of emissions generated from stationary and mobile sources. Stationary sources will include the off-site generation of electricity and the on-site use of natural gas. Motor vehicles will comprise the only significant source of mobile emissions within the project area. r •9 1. Regular wetting of soil piles and exposed dirt areas to minimize dust generation during excavation and grading. 2. Tarping of trucks hauling dirt away during excavation when necessitated by soil and weather conditions, as required by the City. 6766h/2353/08 -2- Exhibit for Resolution No. 88-75 Page 2 of 21 C. 6766h/2353/06 3. Discontinuing demolition, excavation and grading during first and second stage smog alerts. The following measures should be considered, where applicable: 4. orientation of air intakes for building ventilation away from major traffic areas. 5. Use of separate air intakes for each floor to minimize the buildup of pollutants originating either indoors or outdoors. 6. Maximize use of air filters or electrostatic precipitators in hotel ventilation systems. Filters should be changed frequently once the building is in use. Incorporate air conditioners into retail buildings. 7. Provision of well -ventilated areas for smoking and zerozing to help prevent the indoor buildup of related pollutants. a. Restricting the use of synthetic buildup materials, such as plastic products containing vinyl chloride, urea -formaldehyde foam insulation, and other building materials containing formaldehyde. 9. Transportation systems management measures, such as encouragement of alternative means of travel (i.e., buses, bicycles and walking) and energy efficient vehicles (i.e., preferred parking for compact cars, car pools and motorcycles) would help reduce vehicle emissions associated with the proposed project. 10. The implementation of the energy conservation measures presented in Section 12 herein will also reduce air quality impact. Finding of Significance This City Council finds that the individual air quality impacts of this project alone are potentially insignificant or reduced to a level of insignificance by implementation of the above mitigation measures. However, the cumulative air quality impacts of this Project and other development in the South Coast Air Basin are -3- Echibit for Resolution No. 88-75 Page 3 of 21 significant and will only be partially mitigated by implementation of the above measures. Although the above mitigation measures shall be required to be implemented in the conditions of approval or the Agreement concerning development of the Project, this City Council adopts a Statement of Overriding Considerations with regard to the cumulative air quality impact of this Project (See Statement of Overriding Considerations below). 3. Oeoloov A. The project as proposed will require significant amounts of excavation to accommodate retail uses and two levels of parking structure below street grade. Excavation will exceed any fill requirements of the proposed development and will require the hauling of excess fill., -Off-site. Furthermore, proposed site excavation may encounter high ground water levels. B. 1. Prior to the issuance of any grading permits, a detailed geotechnical analysis shall be prepared and submitted to the City Engineer for review and approval. Should dewatering be required for the project, a study assessing potential impacts of dewatering on adjacent properties shall be included in the analysis. 2. If dewatering'is necessary and the discharge of wastewater to receiving waters is proposed, an PPDES permit (Waste Discharge Requirements) must be obtained from the California Regional Water Quality Control Board - Santa Ana Region, prior to initiating the discharge. 3. The proposed haul route(s) shall be submitted to the Engineering Department for review and approval. This City Council finds that implementation of the above mitigation measures either as conditions of approval or as inclusions in the Agreement concerning development of the Project will reduce the geological impacts of the Project to a level of insignificance. 6766h/2353/08 -4- achibit for Resolution No. 88-75 Page 4 of 21 t '-,s� l ,- 4. Noise A. ImRacts There will be a significant increase in noise and vibration levels on and adjacent to the development site during demolition, excavation, grading and other construction activities. The long-term noise impacts resulting from the Project are due to an increase in average daily trips for traffic in the area. Presently, every major street in the Project area exceeds 60.dB CNEL at a distance of 50 feet from the nearest travel lane. The resulting incremental increase in average daily trips is not expected to result in perceptible increases to the human ear in noise levels over existing conditions and is not considered significant. Y • 1 1. The City's Noise Ordinance restricts construction activities between the hours of 8:00 p.m. and 7:00 a.m. seven days a week. 2. In compliance with the provisions of the California Code of Regulations, Title 25, Chapter 1, Sub -chapter 1, Article 4, the applicant shall submit an acoustical analysis of the proposed development, prepared under the supervision of a person experienced in the field of acoustical engineering. .Two copies of said report shall be submitted with the application for building permits. The acoustical analysis shall evaluate existing and projected noise levels, noise attenuation measures to be applied, and the noise insulation effectiveness of the proposed construction. The person preparing the report shall, under the direction of a person experienced in the field of acoustical engineering, perform an inspection of the project to or at the time of the framing inspection to certify that construction techniques comply with recommendations contained within the acoustical analysis. Upon completion of the subject structures, field tests may be required under the provisions of Title 25. 6766h/2353/08 -5- Exhibit for Resolution No. 88-75 Page 5 of 21 MINE • } • • • ! 15 1 This City Council finds that the long-term noise impacts of the.Project are insignificant. However, short-term construction noise impacts are significant and cannot be fully mitigated. Implementation of the above mitigation measures as conditions of approval or as incorporated in the Agreement concerning development of the Project will partially mitigate the short-term noise impact, but a Statement of Overriding Considerations has been adopted. (See Statement of Overriding Considerations below.) A. Impact The proposed development will have an incremental impact on the level of fire service in Costa Mesa which will result in an increase in medical aid and other types of responses and will add to the fire inspection work load. 1. The Project sponsor shall coordinate with the City Fire Department to ensure adequate access for fire apparatus is maintained during construction. 2. An increased demand will be placed on existing fire, protection capabilities and the developer will be required to pay an equitable share of the costs of providing fire fighting services within a designated service area, in accordance with a formula devised by the City. 3. Superior types of building construction may be required for the larger buildings. 4. Installation of fire protection systems Including fire sprinklers will be required In order to tailor fire flow requirements to water availability. C. Finding of Sianif cance This City Council finds that upon implementation of the above mitigation measures as either conditions of approval for the Project or as incorporated in the Agreement concerning 6766h/2353/06 • -6- Exhibit for Resolution No. 88-75 Page 6 of 21 development of the Project, that the potential fire protection impacts of the Project are reduced to a level of insignificance. 6. Protection A. Impact Development of the Project will increase the intensity of use of the Project site which, in turn, may be expected to result in an increased demand for police protection services. The. proposed subterranean parking structures could provide an attractive environment for criminal activity, which would also increase police service. B. Mitigation 1. The Project sponsor shall coordinate with the Police Department during the preliminary stages of the project design to review safety features, determine their adequacy, and suggest improvements. 2. All areas of the development shall be well -lighted and easy to identify numerically, in order to facilitate response by officers. 3. Built-in areas such as alcoves and walkways should be avoided, and easy access to roof areas should be discouraged. Emergency telephone numbers should be easy to locate. Rooftop identification is encouraged for aerial patrols. 4. The project shall comply with the recommendations of the Ralph Anderson and Associates model for service level impacts of new development on police services, as adopted by the City of Costa Mesa and as applicable to the project. C. Finding of Significance This City Council finds that implementation of the above mitigation measures either as conditions of approval for the Project or as Incorporated in the Agreement concerning development of the Project, will reduce potential police protection impacts to a level of insignificance. 6766h/2353/08 -7- Exhibit for Resolution No. 88-75 Page 7 of 21 7. solid Waste A. The Project as proposed will increase solid waste generation at the Project site as well as adding to the incremental increase of solid waste generated in the Downtown Redevelopment Area. y LTTZ • + 1. A recycling collection program for reusable items such as paper, aluminum, and glass shall be implemented. +• +• •+ 14+ This City Council finds that implementation of the above mitigation measure as a condition of approval for the Project or as incorporated in the Agreement concerning development of the Project will mitigate the solid waste generation impact of the Project to a level of insignificance. S. Traffic/Circulation Imvact To assess the potential impacts of the Project on the circulation system, a traffic impact analysis was prepared by Weston Pringle and Associates. Under "worst case" conditions, the proposed Project is expected to generate 11,750 daily trips of which 1,005 (550 in, 455 out) will occur during the PM peak hour. Until such time as the Costa Mesa Freeway is complete, Newport Boulevard will continue to carry traffic volumes in excess of its design capacity. Implementation of the Project will incrementally increase the traffic volumes on the links of Newport Boulevard. However, all affected intersections are expected to maintain acceptable (LOS D or better) operations. KNEEF"MM-141MOVITY-31 1. Provide a southbound right -turn lane on Newport Boulevard at the project access at Broadway. 2. Improve turning radius from southwest bound Newport Boulevard to northbound Harbor Boulevard. 3. Eliminate on -street parking on Harbor Boulevard. 6766h/2353/08 I -8- Exhibit for Resolution No. 88-75 Page 8 of 21 4. Restrict project access/egress on 19th Street to right -turn in and right -turn out only. 5. Seven (7) feet back of curb shall be dedicated and constructed for public sidewalk around the entire project site. 6. Should any work be necessary in the State right-of-way, the developer shall submit plans to and obtain an encroachment permit from Cal Trans. 7. The proposed development shall assist in implementation of planned highways by dedicating or reserving necessary rights-of-way. 8. Driveways will utilize a curb return or widened flare design and sufficient exit lanes to accommodate traffic volumes. At the 19th Street right turn only access, only one outbound lane will be permitted. 9. Streetscape plans will allow for bus shelters, bus turnouts, bike racks, pedestrian facilities and other amenities to encourage transit usage, bicycling and walking. 10. Adequate turning areas shall be designed to accommodate trash trucks, delivery trucks, and fire engines. 11. The City Traffic Engineer will review and approve proposed haul routes and schedules for excavated soil. If trucks entering and leaving the site cause significant traffic congestion, the City Traffic Engineer will require a change in procedures to correct the problem. 12. Precise plans for parking, internal site access and internal circulation will be analyzed by the City Staff and reviewed at public meetings prior to approval of the site plans. 13. The City of Costa Mesa shall continue to coordinate with the County of Orange to achieve consistency between the City and County Master Plan of Bikeways. 14. The applicant shall participate on a pro -rata basis in the funding of the following intersection improvements to (a) 6766h/2353/08 -9- Exhibit for Resolution No. 88-75 Page 9 of 21 Newport Boulevard/18th Street/Rochester Street, (b) Newport Boulevard/17th Street, and (c) 17th Street/Superior Avenue/Anaheim Avenue. The required fee shall be paid prior to the issuance of certificates of occupancy. a. Newport Boulevard/18th Street/Rochester Street: provide signal modification for protected left -turn phasing and dual left -turn for the eastbound to northbound movement; and restripe.both the east and west lanes of the intersection. b. Newport Boulevard/17th Street: Provide a southbound right -turn -only pocket and southbound right -turn overlap signal phase with five (5) section vehicle detection. C. 17th Street/Superior Avenue/Anaheim Avenue: widen the west leg and restripe to provide two (2) eastbound through lanes and restripe the east leg to provide eastbound left -turn storage; prohibit right turns on red for northbound traffic. F4RMMMFJVMTV .; This the City Council finds that upon implementation of the above mitigation measures either as conditions of approval or by incorporation in the Agreement concerning development of the Project, that no significant adverse impacts will result to intersection operations or traffic circulation in the Project area. However, implementation of the above mitigation measures will only partially mitigate the incremental impact of additional vehicular trips on Newport Boulevard. Because the impact on Newport Boulevard remains significant, a Statement of Overriding Considerations has been adopted by this City Council. (See Statement of Overriding Considerations below.) 9. Land Use A. Impact The proposed Project will require the demolition of 35,000 square feet of existing retail uses to accommodate approximately 202,576 square feet of 6766h/2353/08 I -10- Exhibit for Resolution No. 88-75 Page 10 of 21 retail, theaters and restaurant uses. This proposed development is similar to the project analyzed in the earlier EIR, although reduced in scale and intensity. The Project has an estimate floor area ratio of 1.04 versus 1.74 for the previous project. The Project will require a zone change from C2 to PDC (Plan Development Commercial). H. Mitigation 1. The project shall blend with the architectural trends being established by other recent redevelopment projects in the area, such as the Pacific Federal Plaza and the Costa Mesa Courtyards. It shall also comply with the requirements of the Planned Development Commercial District and the Redevelopment Plan and General Plan. 2. When possible, existing viable businesses in the project area should be provided with retail or office space in the finished project buildings. If this is not possible, all existing businesses must be relocated by the Redevelopment Agency according to State Law and the Agency's Relocation Plan for the Downtown Redevelopment Project. (See Section 11) 3. The Orange County Vector Control District should be notified at least two weeks prior to demolition or grading on any structures that may have'the potential to harbor rodents. This will allow the District sufficient time to inspect or place rodenticide bait prior to demolition and thus reduce the potential for rodent dispersal. The project site should be graded for proper runoff to avoid standing water that could breed mosquitoes. Also, trash should be placed in fly -proof containers and emptied weekly or preferably bi-weekly. 4. During the landscape phase of the project, plants that are attractive to rodents, such as Algerian ivy, oleander, palm trees, yuccas, bougainvillea, etc. should be avoided. A list of alternative types of ground cover less attractive to rodents is provided in Appendix E of the earlier EIR. 6766h/2353/06 ' -11- Exhibit for Resolution No. 88-75 Page 11 of 21 This City Council finds that upon implementation of the above mitigation measures as conditions of approval for the Project or as incorporated into the Agreement concerning development of the Project, that the land use impacts of the Project are mitigated to a level of insignificance. The preliminary design plans for the Project indicate an average building height of 35 feet with architectural features (i.e., cupola/towers) that reach 70 feet. The earlier EIR assessed the potential impacts of a 68 foot high hotel located adjacent to Newport Boulevard. The shadows from that structure were contained primarily on-site and were not expected to extend across 19th Street. No impacts were anticipated on solar access for energy production or for solar space and water heating for off-site structures. 1. A shade/shadow analysis shall be prepared prior to project approval to ensure that project building heights do not adversely impact surrounding land uses. 2. The project site design should provide pedestrian amenities that take advantage of both summer shade and winter sunlight. �WiVt7-tTtT-W-3M3. } + - A. 6766h/2353/08 This City Council finds that upon implementation of the above mitigation measures as conditions of approval for the Project or as incorporated into the Agreement concerning development of the Project, that no significant shade or shadow Impacts will result. •} Whereas the project estimated generation employees and 93 new analyzed in the earlier EIR of a demand for 699 new housing units, the Project -12- Exhibit for Resolution No. 88-75 Page 12 of 21 a tom% i.� •.� as proposed will only generate a demand for 450 employees and 60 new housing units. Although the Project creates fewer employment opportunities and associated housing demands than the previous project, a substantial increase over existing conditions does result from implementation of the Project. The project implementation may also require displacement and relocation of businesses existing on the Project site. y • / 1. In accordance with the Redevelopment Pian for the Downtown Redevelopment Project, existing businesses and industry within the project area will be given preference to participate in the redevelopment project through development of existing or acquired properties or as business tenants. Relocation advisory assistance for any business will be made available through the City of Costa Mesa. In the event that it becomes necessary to relocate a business, and the business cannot be relocated without a substantial loss of patronage, and the business is not part of a commercial enterprise having at least one other establishment engaged in the same or similar business, the Redevelopment Agency is authorized to pay to such a business a relocation payment as provided in Section 7262 of the Government Code. The Agency is also authorized to pay the actual and reasonable moving expenses of a business as required by State law, if the business is required to relocate as a result of the implementation of the Redevelopment Plan. 2. The Costa Mesa Redevelopment Advance Briefing Report recommends that 60-70 percent of the 200 -acre Downtown Redevelopment Area be put to residential use. The intensification of residential uses in the area would result in an integrated mixed-use complex and would serve to meet the demand for housing generated by future employees of new commercial development. In addition, the development of new affordable housing should be encouraged by the Redevelopment Agency. 6766h/2353/08 1 -13- Exhibit for Resolution No. 88-75 Page 13 of 21 ,. ,. ., itis, The resulting impact on employment and housing demand from the Project is fully mitigated by implementation of the above measures as conditions of approval or as incorporated in the Agreement concerning development of the Project. However, the impact to existing businesses of displacement and relocation is only partially mitigated and remains significant. Therefore, this City Council adopts a Statement of Overriding Considerations for this impact. .(See Statement of Overriding Considerations below.) 12. Energy/Utilities A. Smvact Implementation of the Project results in impacts on energy, water supply, and sewer services. The Project as proposed will consume 7.05 million cubic feet of natural gas and 9.58 million kilowatt hours of electricity each year. The Project's daily water consumption will be approximately 67,500 gallons per day and the Project will generate approximately 30,386 gallons per day of sewage. y • } Site Planning and Street Design 1. Utility companies should utilize the same trenches as much as possible when relocating and/or upgrading their respective facilities in the Project area, in order to minimize the use of diesel fuel during this phase of Project construction. 2. Bicycle racks shall be provided close to the proposed buildings. 3. If active solar heating systems are incorporated into the design of proposed buildings, site planning must ensure that incoming solar radiation is unobstructed. 4. Provision of pedestrian amenities (e.g., attractively landscaped walkways, street furniture, etc.) would encourage greater pedestrian activity, as an alternative to driving. 6766h/2353/08 ; -14- Exhibit for Resolution No. 88-75 Page 14 of 21 5. Appropriate and well-placed landscaping can be used to moderate temperature. For example, deciduous trees located on south and west exposures provide shade during summer, yet allow light and heat to enter during the winter months. Building Design 1. All buildings constructed in the Project area shall comply with the Energy Conservation Standards set forth in Title 24 of the California Code of Regulations. 2. Orientation of the largest surface area and the major openings of buildings toward the south will maximize solar exposure and natural heat gain during the winter months and minimize heat gain during.the summer. 3. Walls,'ceilings, floors, windows and hot water lines shall be insulated to prevent heat loss or gain. 4. Active solar energy systems shall be considered for use in heating of water. This could achieve a 50-60 percent reduction in energy consumption for water heating. Recent studies have indicated the cost-effectiveness (i.e., amortization of initial cost) of the use of solar energy for these purposes. 5. Energy efficient lighting (e.g., high pressure sodium outdoors and fluorescent indoors) shall be used rather than less efficient types of lighting. Maximum use of natural lighting opportunities shall be made during daylight hours. 6. Nonessential, ornamental lighting shall be avoided. 7. The Southern California Edison and Southern California Gas Companies have "Energy Management Programs" which provide assistance in selecting the most effective application of energy conservation techniques, which could be incorporated into Project design during the preliminary planning stages of development. These energy saving alternatives are readily 6766h/2353/06 -15- Exhibit for Resolution No. 88-75 Page 15 of 21 6766h/2353/08 available, easier construction, and long-term costs. to install during will not necessarily raise 1. New water mains sufficient to serve the proposed site development as identified by the Mesa Consolidated Water District shall be constructed at the developer's expense. 2. The Mesa Consolidated Water District (the local water purveyor) has appointed a task force whose aim is to promote water conservation and to reduce the demand for potable water thereby offsetting the impacts caused by the loss of Northern California water. A detailed water analysis for the project and its landscaping shall be submitted to MCWD for review and approval prior to submittal of construction plans to the City. Landscape plans shall also be submitted to MCWD prior to their approval by the City. 3. The project shall use reclaimed water for landscape/irrigation purposes when it becomes available. 4. The following water conservation measures shall be added: (a) Low -flush toilets (Section 17921.3 of the Health and Safety Code); (b) Low -flow faucets (California Code of Regulations, Title 24, Part 6, Article 1, T20 -1406F); (c) Hot water lines will be insulated in water recirculating systems (California Energy Commission regulations); (d) Supply -line water pressure will be maintained at 50 pounds per square inch or less by means of pressure -reducing valves; (e) Flush valve operated water closets (3 gallons per flush) shall be included; -16- Exhibit for Resolution No. 88-75 Page 16 of 21 p (f) Drinking fountains will be equipped with self-closing valves; (g) Hot water lines will be insulated to provide hot water faster with less water waste, and hot lines will be separated from cold lines; (h) Restaurants will use water conserving dishwasher models or retrofit dishwasher spray emitters; (i) Restaurants will serve drinking water upon request only; (j) Conservation reminders will be posted in restrooms; (k) Thermostatically controlled mixing valves will be used for bath/showers. (1) Water conserving models of washers will be used in laundry facilities. 5. The following water conservation measures for landscape/irrigation purposes shall be instituted: (a) Drought -resistant planting materials will be used for landscaping where possible. The project's landscape plan will be approved by the Planning Division prior to the issuance of building permits; (b) The use of lawn will be minimized; (c) Mulch will be applied extensively to all landscaped areas; (d) Efficient Irrigation systems which minimize runoff and evaporation will be installed; (e) Previous paving materials will be used wherever feasible to reduce surface water runoff and facilitate ground water recharge. 6766h/2353/08 -17- Exhibit for Resolution No. 88-75 Page 17 of 21 f) r-- "k Z! Sewer 1. Development of the project site shall require developer participation in the cost of increasing sewer capacity through the payment of fees and/or upgrading off-site sewer lines. Any off-site sewer facilities constructed by the project sponsor shall be dedicated to the Costa Mesa Sanitary District. 2. The Costa Mesa Sanitary District will charge the project developer a connection fee based on a set fee schedule. C. Finding of Significance The City Council finds that upon implementation of the above mitigation measures as conditions of approval for the Project or as incorporated into the Agreement which concerns development of the Project, that the impacts of the Project on energy, water supply and sewer services are reduced to a level of insignificance. 13. Natural Resources A. ImRact Development of the Project will commit prime agricultural soil for commercial and retail development, and will commit building materials to the construction of the Project. Energy resources will be committed for short-term construction activities and the long-term operation of the proposed uses. 1. The energy conservation measures presented in Section 12 will reduce both short-term and long-term impacts on energy resources. 2. Demolition waste from project construction activities shall be recycled, where feasible. C. Finding of Significance The City Council finds that upon implementation of the above mitigation measures as conditions of approval for the Project or as incorporated into the Agreement which concerns development of the 6766h/2353/08 . -18- Exhibit for Resolution No. 88-75 Page 18 of 21 Project, that the natural resources insignificance. 13. Other Impacts impacts of the Project on are reduced to a level of Based on the Initial Study and earlier EIR and the Record before the City Council, this City Council finds that implementation of the Project results in no other significant adverse environmental impacts. This City Council has considered each of the alternatives presented in the earlier EIR and finds those alternatives infeasible based on economic, social and other considerations as set forth below. The No Project Alternative would result in the Project site remaining in an as -is condition, and would not accomplish the goals and objectives of the Redevelopment Plan. Adoption of the No Project Alternative would serve only to delay the potential adverse impacts associated with development of the Project site (increased traffic, noise, air pollution and natural resource/energy consumption). If private development of the project site does not occur in the near future, adoption of the No Project Alternative would result in a direct loss of revenue to the Redevelopment Agency as well as a potential indirect loss since the values of.surrounding redevelopment properties would be adversely affected. Uncertainty In development of the site could make it more difficult to generate developer interest in redevelopment of the surrounding area. Accordingly, this City Council finds the No Project Alternative infeasible. - MT XTT:M%T Alternative No. 1 proposes a less intense development of the Project site and surrounding area. Under Alternative No. 1, a total of 166,500 square feet of retail and office space is proposed over approximately 19.5 acres, with 81,000 square feet located on the 4.5 acre Project site. Buildings to be constructed under Alternative No. 1 would be one or two stories high, thus rendering shadow impacts negligible. Alternative No. 1 would generate a need for employees and housing 6766h/2353/08 � -19- Exhibit for Resolution No. 88-75 Page 19 of 21 similar to the proposed Project. Because development under Alternative No. 1 is spread over approximately 19.5 acres rather than consolidated on 4.5 acres, -it is not an economically feasible project to develop. Therefore, Alternative No. 1 is rejected by this City Council as infeasible. Alternative No. 2 consists of a total development of 421,000 square feet over approximately 19.5 acres, including development of a 350 room hotel on the. Project site consisting of 185,000 square feet. Alternative.No. 3 consists of a total development of 545,000 square feet over approximately 19.5 acres including development of retail and office space consisting of 290,000 square feet on the 4.5 acre project site. These alternatives result in a more Intense use of the Project site and surrounding area and correspondingly result in greater significant adverse impacts than those which result from the Project as proposed. Therefore, this City Council rejects Alternatives Nos. 2 and 3 as infeasible. 4. Alternative NQ_,_A Alternative No. 4 proposes a mixed-use development of the 4.5 acre project site including a 150 room hotel, 150 residential units and retail and restaurant uses totalling 115,000 square feet. The introduction of residential housing on the Project site results in impacts over and above those caused by retail and commercial development alone. Therefore, this City Council rejects Alternative No. 4 as infeasible. Based on information set forth in the earlier EIR, the Initial Study, and these Findings of Fact, this City Council finds that the adverse environmental impacts related to air quality, short-term construction noise, increased traffic on Newport Boulevard, and the potential displacement of businesses located on the Project site are significant environmental impacts which cannot be entirely mitigated or avoided if the Project is implemented. However these unavoidable significant effects of the Project are overridden by the benefits of the Project as described below. Therefore, this City Council hereby approves and adopts this Statement Of Overriding Considerations. 1. The proposed Project site is located in the Costa Mesa Downtown Redevelopment Project Area and implements the adopted Redevelopment Plan for said Project Area. 6766h/2353/08 . -20- Exhibit for Resolution No. 88-75 Page 20 of 21 2. The proposed Project will provide for a more efficient use of land through integration of uses and structures in a single development, and by removal of obsolete development and subdivision patterns which now exist on the site. 3. The proposed Project is consistent with the Commercial Center General Plan designation and the Commercial Redevelopment Plan designation for the site. 4. The proposed Project is an adopted policy of the General Plan and a stated objective of the Comprehensive Design Plan for the Redevelopment Project Area. S. The proposed Project permits a more efficient use of land through shared parking for all uses. 6. The proposed Project will introduce an activity center in the core of the Redevelopment Project Area, which will be a significant enhancement of the overall vitality and success of redevelopment efforts downtown. 7. The location of employment and shopping opportunities downtown will have beneficial impacts on traffic. 8. The proposed Project implements the City's goal to provide its citizens with a balanced community of residential, commercial, industrial, recreational and institutional uses to satisfy the needs of the social and economic segments of the population; to meet the competing demands for alternative developments within each land use classification; and, to ensure the long-term viability and ;productivity of the community's natural and man-made environments. 6766h/2353/08 -21- Exhibit for Resolution No. 88-75 Page 21 of 21