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HomeMy WebLinkAbout01-08 - Adopting General Plan Amendment GP-00-02, Specific Plan Amendment SP-00-01 (South Coast Plaza Town Center)RESOLUTION NO. 01-8 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADOPTING GENERAL PLAN AMENDMENT GP -00-02 AND NORTH COSTA MESA SPECIFIC PLAN AMENDMENT SP -00-01 TO CHANGE THE LAND USE DESIGNATION FROM URBAN CENTER COMMERCIAL TO CULTURAL ARTS CENTER, AND OTHER RELATED AMENDMENTS FOR SOUTH COAST PLAZA TOWN CENTER. THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, the City Council of the City of Costa Mesa adopted the 1990 General Plan by Resolution No. 92-27 on March 16, 1992, and the North Costa Mesa Specific Plan by Resolution No. 94-67 in July, 1994; and WHEREAS, the General Plan is a long-range, comprehensive document which serves as a guide for the orderly development of Costa Mesa, and the North Costa Mesa Specific Plan provides additional planning guidelines and standards for several large development areas located in northern Costa Mesa; and WHEREAS, by their very nature, the General Plan and North Costa Mesa Specific Plan need to be updated and refined to account for current and future community needs; and WHEREAS, General Plan Amendment GP -00-02 amends the 1990 General Plan text and figures to create a new land use designation of Cultural Arts Center with a maximum floor area ratio of, 1.77 and applies it to the South Coast Plaza Town Center. The trip budget for the project area also increases to 5,143 a.m. peak hour trips and 6,587 p.m. peak hour trips. South Coast Plaza Town Center, comprising 54 acres, is bordered by Sunflower Avenue to the north, the San Diego Freeway to the south, Avenue of the Arts to the east, and Bristol Street to the west; and WHEREAS, General Plan Amendment GP -00-02 also amends the 1990 General Plan Master Plan of Highways to delete a portion of Town Center Drive between Bristol Street and Avenue of the Arts; and WHEREAS, Specific Plan SP -00-01 amends the North Costa Mesa Specific Plan text relative to Area 4- South Coast Plaza Town Center to reflect the new Cultural Arts Center land use designation, maximum floor area ratio, maximum trip budget, maximum building height, and the preservation of the California Scenario Garden; and WHEREAS, public hearings were held by the Planning Commission on August 14, 2000, September 25, 2000, October 9, 2000, October 23, 2000 and November 13, 2000, and by the City Council on December 4, 2000, January 15, 2001, and February 5, 2001, in accordance with Section 65355 of the Government Code of the State of California, with all persons having been given the opportunity to be heard both for and against said General Plan Amendment GP -00-02 to the General Plan, and said Amendment SP -00-01 to the North Costa Mesa Specific Plan; and WHEREAS, on August 14, 2000, September 25, 2000, October 9, 2000, October 23, 2000, and November 13, 2000, the Planning Commission also conducted public hearings and found that Draft Program Environmental Impact Report No. 1047, comments and responses, and errata, that collectively constitute Final Program Environmental Impact Report No. 1047, have been reviewed and considered, and by adoption of Resolution PC -00-68, the Planning Commission recommended its certification to the City Council; and WHEREAS, by adoption of Resolution PC -00-69, the Planning Commission recommended to the City Council that said amendments to the General Plan and North Costa Mesa Specific Plan be adopted; and WHEREAS, on December 4, 2000, January 15, 2001, and February 5, 2001, the City Council also conducted public hearings and found that Draft Program Environmental Impact Report (EIR) No. 1047 and comments and responses, and errata that collectively constitute Final Program (EIR) No. 1047, have been reviewed and considered, and, by separate resolution, the City Council certified Final Program EIR No. 1047; and WHEREAS, by separate resolution, the City Council recommends that mitigation measures be placed as conditions of approval on Preliminary Master Plan PA -00-38 that minimize anticipated impacts to a level of insignificance where possible as identified in Final Program EIR No. 1057; and WHEREAS, the environmental impact report for the project was processed in accordance with the requirement of the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the City of Costa Mesa Environmental Guidelines; and WHEREAS, this City Council deems it to be in the best interest of the City that said amendments to the General Plan and the North Costa Mesa Specific Plan be adopted; NOW, THEREFORE, BE IT RESOLVED by the Costa Mesa City Council that the General Plan is hereby amended by adoption of General Plan Amendment GP -00-02, amending the text and figures of the General Plan as set forth in Exhibit "A", and does hereby adopt Specific Plan SP -00-01 as set forth in Exhibit "B", which are attached to this resolution. BE IT FURTHER RESOLVED that the Costa Mesa City Council also considered and found that the benefits of the project outweigh the unavoidable adverse impacts that remain after mitigation and does hereby adopt the Statement of Facts and Findings, and the Statement of Overriding Considerations set forth in attached Exhibit PASSED AND ADOPTED this 5"' day of February, 2001. ATTEST: Deputy Cit Jerk of the City of Costa Mesa STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF COSTA MESA ) a r of the City of Costa Mesa APPROVED AS TO FORM �'?c� CITY ATTORNEY I, MARY T. ELLIOTT, Deputy City Clerk and ex -officio Clerk of the City Council of the City of Costa Mesa, hereby certify that the above and foregoing Resolution No. 01-8 was duly and regularly passed and adopted by the said City Council at a regular meeting thereof, held on the 5' day of February, 2001. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the City of Costa Mesa this 2r day of March, 2001. 1 Deputy City Jerk and ex -officio Clerk of the City Co n it of the City of Costa Mesa 1990 General Plan Amendments TABLE 56t LAND USE DESIGNATIONS (4994200:181: Land Use Residential Density Floor Area Ratio Acres :Acres, Total Acres % of City Designation DU/Acre* Developed Undevelbped Low Density <8 Same as Neighborhood 2,268.0 1.0 2,269.0 28.0 Residential Commercial Medium Density :512 Same as Neighborhood 774.9 43.3 818.2 10.1 Residential Commercial High Density << 0** Same as Neighborhood 809.2 46.0 855.2 10.6 Residential Commercial Commercial- <_17.4 0.20/High Traffic 47.2 0.0 47.2 0.6 Residential 0.30/Moderate Traffic 0.40/Low Traffic Neighborhood 0.15/High Traffic 50.05 0.5 51.0 0.6 Commercial 0.25/Moderate Traffic 0.35/Low Traffic 0.75/Very Low Traffic General Commercial :5 0 0.20/High Traffic 582.5 15.6 598.1 7.4 0.30/Moderate Traffic 0.40/Low Traffic 0.75/Very Low Traffic Commercial Center <_20 0.25/High Traffic 38.0 3.0 41.0 0.5 0.35/Moderate Traffic 0.45/Low Traffic 0.75/Very Low Traffic Regional Commercial :520 0.652/0.89*** 115.0 0.0 115.0 1.4 Urban Center « 0 0.50 Retail 431-5 82.5 84476.7 2413 159.2 2:61_9 Commercial 0.60 Office 0.79 Site-specific FAR for South Coast Metro Center/Experian**** Cultural Arts Center - 1.77 49 5 54 0.7 Industrial Park << 0 0.20/High Traffic 674.5 69.0 743.5 9.2 0.30/Moderate Traffic 0.40/Low Traffic 0.75/Very Low Traffic Light Industry :520 0.15/High Traffic 381.4 f 6.0 387.4 4.8 0.25/Moderate Traffic 0.35/Low Traffic 0.75/Very Low Traffic Public and Semi- - 0.25 970.9 334.0 1,304.9 16.1 Public Golf Course - <0.01 502.0 0.0 502.0 6.2 Fairgrounds <0.10 150.0 0.0 150.0 1.9 TOTAL 7,495.5 600.1 8095.6 100.0 * Within the Medium and High Density Residential designation, existing residential units legally built in excess of the dwelling units per acre standard may be rebuilt at the same higher density subject to other zoning code standards. The allowable density or number of units to be redeveloped would be limited to the 1990 General Plan density with a 25% incentive bonus for Medium Density or a 50% incentive bonus for High Density; or the existing number of units, whichever is less. ** See High Density Residential text regarding an area in North Costa Mesa where the density allowance is 25 to 35 DU/acre. *** See Regional Commercial text. **** See Urban Center Commercial text. 346-1 Project Lot Area shall mean the total area of a project after all required dedications or reservations for public improvements, including but not limited to streets, parks, schools, flood control channels, etc., unless otherwise noted in this General Plan. Project shall mean a development proposal submitted under a single ownership or control at the time of the initial plan submittal and approval. A project may be subdivided or developed in phases by subsequent multiple owners. However, the initial building intensity established by the initial project approval shall be maintained throughout the development of the entire project. Trip shall mean a one-way vehicular journey either to or from a site, or it may be a journey totally within the site. The latter is usually referenced to as an internal trip. Each trip will have two trip ends, one at the beginning and the other at the destination. Trip Budget shall mean the maximum number of AM and PM peak hour trips allocated to a project site. The trip budget shall be derived by multiplying the project area by the allowable floor area ratio and by the AM and PM peak hour trip generation rates for the applicable land use classification. Trip Rate shall mean the anticipated number of trips to be generated by a specific land use type or land use classification. The trip rate shall be expressed as a given number of trips for a given unit of development intensity (i.e., trip per unit, trip per 1,000 sq.ft., etc.). Trip rates used in the calculation of trip budgets under the provisions of this section of the Land Use Element shall be those rates established by City Council resolu- tion. Trip rates for determining Low, Moderate and High Traffic uses are those contained in the 4th Edition Trip Generation Manual published by the Institute of Transportation Engineers (ITE). LAND USE CLASSIFICATIONS The General Plan contains thirteen land use designations dividing the City's net area into four basic types of uses. The General Plan designates three residential densities, five types of commercial areas, two industrial districts, and three public or semi-public type uses. The Land Use classifications are discussed in this section. Residential Costa Mesa's 3,960 residential acres are divided into the Low, Medium, and High Density Residential designations. Low Density Residential: Low Density Residential areas are intended to accommodate single-family residences on their own parcels, attached housing which provides a greater portion of recreation or open space than typically found in multi- family developments, and clustered housing 385 Development within this designation is largely characterized by multi -story enclosed commercial space and parking structures. Maximum allowable floor area ratio for the Crystal Court site shall be 0.89 and the maximum floor area ratio for the original South Coast Plaza site located between Bristol Street and Bear Street shall be 0.652. In addition to these building intensities, future expansion or redevelopment of the original plaza site is also governed by the trip budget standards established in the Land Use/Circulation Coordination section of this element. Since the FAR for Crystal Court represents the existing conditions, no further development would be permitted on this site. Complementary residential uses within this designation may be allowed through the Planned Development Zone process. The maximum allowable density within this designation shall be 20 dwelling units per acre. In order to reach the maximum allowable intensity and density, future projects within this designation must exhibit excellence in design, site planning and integration into the surrounding community; provide a. balance of jobs and housing opportunities, including the provision of low- and moderate -income housing; provide open space in excess of the minimum standards contained in the zoning ordinance. Compatible zones include Cl -S and PDC. Urban Center Commercial: The Urban Center Commercial designation is intended to allow intensely developed mixed commercial uses within a very limited geographic area. Developments within this designation can range from one- and two- story office and retail buildings to mid- and high-rise buildings of four to fifteen stories. Appropriate uses include offices, retail shops, restaurants, and hotels. Allowable floor area ratio (FAR) standards for this designation are 0.50 for retail uses and 0.60 for office uses with the exception of South Coast Metro Center which has a site-specific FAR of 0.72 for combined office and retail uses. Since the trip budgets and the General Plan Traffic Model are based upon the office trip generation rate, it is unlikely that any property within this designation can fully develop as retail uses at the maximum FAR standard. However, given the nature of the area and past planning efforts on these properties, this type of development is not anticipated. The retail FAR would apply to retail or commercial components within larger scale mixed use projects. The following peak hour rates from the Costa Mesa General Plan Traffic Model for projects in this classification: 1.60 AM and 1.91 PM. These rates shall be applied to the allowable office FAR standard. The Urban Center Commercial designation includes the Automobile Club processing center site located west of Fairview Road, between South Coast Drive and Sunflower Avenue, the Metro Pointe project located north of the San Diego Freeway, west of Bear Street, and most of the northeast portion of the City located north of the San Diego Freeway and east of Bristol Street, including ceut_h r^ -ac* Plaza TA;vn Conten. South Coast Metro Center and the vacant Sakioka lot 2. The Automobile Club of Southern California processing center site contains two parcels totaling 39.2 acres. The primary site contains 29.5 acres and is located west of Fairview Road, between South Coast Drive and Sunflower Avenue. The second parcel contains approximately 9.7 acres and is located across the adjacent flood control channel to the west, just north of South Coast Drive. The site is currently developed with 467,000 sq.ft. of office and support service uses. An additional 500,000 sq._ft. of development is allowed pursuant to a development agreement, for a maximum building intensity standard of 0.56 FAR. The future construction will be developed in phases during the 30 -year term of the agreement. Based upon the unique traffic generation characteristics of the Automobile Club operations, the site's trip budget is based upon actual driveway counts from a traffic study dated November 1992. The AM trip budget is 881 trips, while the PM trip budget is 697 trips. Based on an expected employment population of 2.574 employees, the 394 population density standard for the site would be approximately 66 employees per acre. Metro Pointe includes two office building sites located north of South Coast Drive at its intersection with Greenbrook Drive and approximately 30 acres of land located south of South Coast Drive along the San Diego Freeway. Future development of the Metro Pointe project is governed by a previous General Plan Amendment, two vesting tract maps and a development agreement. Building intensities authorized under these previous approvals exceed the allowable floor area ratios of the Urban Center Commercial designation. If the vesting maps and/or development agreements are abandoned, expire, or are terminated then the Urban Center Commercial FARs and trip rates shall govern the future development of the site. The vacant/unvested Phase 4 will be governed by the Urban Center Commercial FAR limits and trip budget limits of 245 AM peak hour trips and 292 PM peak hour trips. The General Plan Trak Model establishes a trip budget of 2,771 AM peak hour trips and 2,821 PM peak hour trips for Metro Pointe Phases 1-4. Using the employment generation rates in Table 63, this results in an allowable population density standard of up to 150 employees per acre. The 44.72 acre South Coast Metro Center/Experian sites include nearly 750,000 square feet of office development. The trip budget for the South Coast Metro Center/Experian sites is 2,260 AM peak hour trips and 2,223 PM peak hour trips. The anticipated population density standard is up to 90 employees per acre. GP -99-06 created a site-specific FAR of 0.79 for the combined South Coast Metro Center and Experian sites while maintaining the established trip budget. The 33 -acre Sakioka lot 2 is vacant except for the farmhouse and farm operation facilities. The trip budget for Sakioka lot 2 is 1,588 AM peak hour trips and 1,562 PM peak hour trips. The anticipated population density standard for Sakioka lot 2 is up to 90 employees per acre. Complementary residential uses within this designation may be allowed through the Planned Development Zone process. The maximum allowable density within this designation shall be 20 dwelling units per acre. In order to reach the maximum allowable intensity and density, future projects within this designation must exhibit excellence in design, site planning and integration into the surrounding community; provide a balance of jobs and housing opportunities, including the provision of low -and moderate -income housing; provide open space in excess of I the minimum standards contained in the zoning ordinance. For mixed-use projects which include separate or distinct components, the nonresidential floor area ratio standard and the residential density standard shall apply to each of the respective components, not the entire project site; For mixed-use projects which do not include distinct elements or which include mixed-use buildinas, the overall level of intensity shall be governed by the allowable nonresidential floor area ratio. In both uses, developments must also comply witK the established trip budget standards. Facilities that transfer, store, or dispose of hazardous wastes that areenerated at another source (off-site are most appropriately located in the Industrial Park and Light Industry land use designations; however, a facility with a purpose and scale of operation that is compatible with this commercial designation may be allowed pursuant to the issuance of a Conditional Use Permit. 395 a . Mill �. - • . „ •,,RKM IMUL 13W 'nug ugg g- The 44.72 acre South Coast Metro Center/Experian sites include nearly 750,000 square feet of office development. The trip budget for the South Coast Metro Center/Experian sites is 2,260 AM peak hour trips and 2,223 PM peak hour trips. The anticipated population density standard is up to 90 employees per acre. GP -99-06 created a site-specific FAR of 0.79 for the combined South Coast Metro Center and Experian sites while maintaining the established trip budget. The 33 -acre Sakioka lot 2 is vacant except for the farmhouse and farm operation facilities. The trip budget for Sakioka lot 2 is 1,588 AM peak hour trips and 1,562 PM peak hour trips. The anticipated population density standard for Sakioka lot 2 is up to 90 employees per acre. Complementary residential uses within this designation may be allowed through the Planned Development Zone process. The maximum allowable density within this designation shall be 20 dwelling units per acre. In order to reach the maximum allowable intensity and density, future projects within this designation must exhibit excellence in design, site planning and integration into the surrounding community; provide a balance of jobs and housing opportunities, including the provision of low -and moderate -income housing; provide open space in excess of I the minimum standards contained in the zoning ordinance. For mixed-use projects which include separate or distinct components, the nonresidential floor area ratio standard and the residential density standard shall apply to each of the respective components, not the entire project site; For mixed-use projects which do not include distinct elements or which include mixed-use buildinas, the overall level of intensity shall be governed by the allowable nonresidential floor area ratio. In both uses, developments must also comply witK the established trip budget standards. Facilities that transfer, store, or dispose of hazardous wastes that areenerated at another source (off-site are most appropriately located in the Industrial Park and Light Industry land use designations; however, a facility with a purpose and scale of operation that is compatible with this commercial designation may be allowed pursuant to the issuance of a Conditional Use Permit. 395 The Conditional Use Permit process shall comply with the procedures and siting criteria established by the Orange County Hazardous Waste Management Plan, the City of Costa Mesa's ordinance provisions for these type of facilities, and other State legislation, as appropriate. Compatible zones are PDC and TC. Cultural Arts Center: As part of GP -00-02, the Cultural Arts Center designation was applied to the 54 acres that comprise South Coast Plaza Town Center. This area is generally bounded by Sunflower Avenue to the north, Bristol Street to the west, Avenue of the Arts to the east, and the San Diego (I-405) Freeway to the south. This designation is limited to this geographical area, and it is not intended to be applied to other locations in the city. The Cultural Arts Center designation allows intensely developed mixed commercial and cultural uses within a limited area. The intended uses within this designation include mid to high-rise offices, hotels, restaurants, retail and cultural uses (theater, art museum or academy, etc.). It serves as the cultural center of the community and provides a focus to the arts -related uses, with the complement of nearby employment and shopping opportunities. The overall allowable floor area ratio (FAR) standard for this designation is 1.77. Included in this FAR calculation is the land dedicated or reserved in 2000 for the Avenue of the Arts off - ramp and associated flood control channel improvements. The 1.77 FAR may be exceeded on individual parcels within South Coast Plaza Town Center provided that over the entire 54 -acre site the 1.77 FAR is not exceeded. The General Plan Traffic Model establishes a trip budget of 5,143 AM peak hour trips, and 6,587 PM peak hour trips. Further delineation of the allocation within South Coast Plaza Town Center of the floor area ratio and trip budget is provided in the North Costa Mesa Specific Plan. Based on the employment generation analysis contained in Final Program EIR No. 1047 prepared for South Coast Plaza Town Cerner, the anticipated population density is 275 employees per acre. Anticipated new development projects include the following: • A 32,500 square -foot expansion of the South Coast Repertory Theater; • A new 140,000 square --foot art museum or academy; • A new 2,500 seat, 301,145 square -foot symphony hall; • An expansion to the Orange County Performing Arts Theater of 1,000 seats and 65,000 square feet; • Several new office buildings totaling approximately 655,000 square feet; and • A new 186,000 square -foot hotel. Compatible zone is TC. Tnrinctrial Two industrial designations apply to Costa Mesa's over 1,000 industrial acres. Over 96 percent of the City's industrial area is concentrated in three districts as described in the Land Use inventory section. Industrial Park: The Industrial Park designation is intended to apply to large, distinct districts which contain a wide variety of industrial and compatible office and support commercial uses. Industrial Parks are characterized by large parcels and landscaped setbacks which lend to the creation of a spacious environment. Industrial Parks must have proximity to freeways and other major transportation routes in order to provide the accessibility they require. An internal circulation system consisting of lesser highways is also necessary to accommodate the vehicle demands created. Industrial Parks have major physical separations from areas designated for other uses in order to maintain their distinctiveness and avoid potential land use incompatibilities. Typically, development within this designation would consist of one- and two-story buildings. Additional height could be permitted where compatible with adjacent development and uses or consistent with other constraints such as height limits near John Wayne Airport. The Industrial Park portion of the Home Ranch site may include buildings up to five stories in height near the center of the development. The allowable floor area ratios (FAR) are 0.20 for high traffic generating uses, 0.30 for moderate traffic generating uses, 0.40 for low traffic generating uses, and 0.75 for very low traffic generating uses. Criteria for determining the traffic generation characteristics of very low, low, moderate and high traffic generating uses are contained in the Land Use/Circulation Correlation section of this element. The exception to the above FAR standards is the 60 -acre Segerstrom Home Ranch site. This site is governed by the maximum allowable FAR standard (0.40) and a trip budget as described in the Land Use/Circulation Correlation section of this element. The trip budget for this site is 827 AM peak hour trips and 855 PM peak hour trips. Anticipated population densities are dependent upon the particular mix of uses within a given project. However, based upon the standards provided in Table 63, the population density would be an average of 40 employees per acre. An office development would have a population density of 58 employees per acre. Commercial uses within this designation may be allowed provided that the commercial use is determined to be complementary to the industrial area and is within the allowable floor area ratio standards of the designation. Commercial recreational uses may also be appropriate in this industrial designation under these same condition. Institutional uses may also be appropriate in this industrial designation provided that land use compatibility and K•. 1 *04 111 RIM 8 North Costa Mesa Specific Plan Amendments Existing Genera/ Plan and Zoning Designations Figure 3 indicates the General Plan land use designations for the area of the City north of the 1-405, and Figure 4 indicates the accompanying zoning designations. Table 1 summarizes the development parameters of the General Plan land use designations, and the compatible zoning districts. As shown in Table 1, the 1990 General Plan established Floor Area Ratios (FARs) for all land use designations. The FAR is used to determine the maximum amount of building that is allowed on a lot or parcel. Several land use categories in the plan area contain stepped FARs which are tied to the traffic characteristics of the proposed land use. Trip budgets have also been established for properties in the plan area designated as eider Urban Center Commercial Cultural Arts Center or Regional Commercial in the plan area. The industrial portion of Home Ranch also has a trip budget. When applicable, the FAR and trip budget work in concert to ensure that building intensity and trip generation do not exceed the capacity of the circulation system in the plan area. The trip budget for individual properties is given in Section 3. The lowest FARs are found in the Neighborhood Commercial designation as well as in the residential, industrial and public -semi public land use designations. The highest FARs are allowed in the Regional Commercial, Cultural Arts Center and Urban Center Commercial land use designations. The General Plan does not allow the established floor area ratio to be exceeded in any instance. Trip budgets are calculated on a square footage basis for commercial, industrial and institutional land uses. As with FARs, trip budgets cannot be exceeded. The 1990 General Plan, however, does allow for the transfer of trip budgets in the plan area in the following circumstances: 1. The combination and/or transfer of trips shall only be allowed in the area of the City that is north of the 1-405 and east of Harbor Boulevard, and shall be limited to parcels within a one -mile radius of each other. 2. Trip budget transfers shall be evaluated in the review and approval of a planned development or master plan project. Sufficient conditions of approval shall be applied to the master plan or development plan to ensure long-range control over subsequent phases of development. 3. The combination and/or transfer of trips shall not result in any greater impacts on the surrounding circulation system then would occur if each Traffic Analysis' Zone (TAZ) was developed independently. (See Appendix A for a figure depicting TAZs) 4. For the combination and/or transfer of trips between TAZs, such combination and/or transfer of trips shall not exceed the total trip budget of all parcels involved if each were developed independently VA Table 2- Maximum Building Heights North Costa Mesa Specific Plan SUB -AREA MAXIMUM BUILDING HEIGHT' NOTES AREA 1 60 feet (approx. 4 stories) None Home Ranch 75 feet only in center of site (approx. 5 stories) AREA 2 30 feet -north of South Coast Drive (approx. 2 stories) Current development agreement Metro Pointe 90 feet -south of South Coast Drive (approx. 6 stories) allows buildings up to 15 stories. Building above 173 feet in height will require approval by the FAA. AREA 3 85 feet (approx. 4 stories) None South Coast Plaza and Crystal Court AREA 4 240 feet ef PaF'( oente 16 SteFies)• Buildings above 173 feet in heigh will SCP Town Center 315 feet east of Pa* G^^+^- (approx. 21 stories) require approval by the FAA. AREA 5 Residential -90 feet (approx. 6 stories) None The Lakes Commercial -1 10 feet (approximately 11 stories) AREA 6 180 feet (approx. 12 stories) Buildings above 173 feet in height will South Coast Metro require approval by the FAA. Buildings which encroach into the setback for Anton cannot exceed 30 feet (approx. 2 stories) within the setback area. AREA 7 60 feet (approx. 4 stories) Buildings which encroach into the Sakioka Lot 1 setback for Anton Blvd. and/or Sakioka Dr. cannot exceed 30 feet (approx. 2 stories) within the setback area. AREA 8 North of collector street- 60 feet (approx. 4 stories) Buildings above 173 feet in height will Sakioka Lot 2 South of collector street- 180 feet (approx. 12 stories) require approval by the FAA. Buildings which encroach into the setback for Anton cannot exceed 30 feet (approx. 2 stories) within the setback area. 1. All building height measurements reference the height above grade- not mean sea level. 17 10,11'"o= San Diego Fwy N 0 SPECIFIC PLAN AREA Legend Low Density Residential ® Urban Center Commercial Medium Density Residential ® Cultural Arts Center High Density Residential I General Commercial ® 25-35 Dwelling Units per Acre Industial Park Regional Commercial :'� ;:" �� Public Use F� Fire Station (D 10 JULY 2000 GENERAL PLAN LAND USE DESIGNATIONS NORTH COSTA MESA SPECIFIC PLAN Nonconformity The 1990 General Plan resulted in the establishment of new lower FARS and density limits on development citywide. The General Plan recognized that the new FARS for commercial and industrial uses would be lower than existing development in many cases, therefore Policy 114 was included. This policy states that in the event of unintentional damage or destruction, the City would allow any legal conforming use in existence at the time of adoption of the 1990 General Plan in a nonconforming development to be rebuilt to its original building intensity as long as such rebuilding would not increase the development's nonconformity. This policy was then codified in the zoning code to state that reconstruction of development destroyed to more than 50% of the market value may occur to its original FAR if all other development Standards (setbacks, lot coverage, height, parking, open space, etc.) are met. The City's zoning code also states that in cases of unintentional destruction of up to and including 50% reconstruction could occur without meeting current development standards. In terms of residential uses, the General Plan recognizes development legally built at higher densities. Such existing units may be rebuilt to the same density subject to other standards of the zoning code. In the High Density Residential designation in the plan area (i.e., The Lakes), the allowable density or number of units to redeveloped would be limited to the 1990 General Plan density plus a 50% density incentive bonus or the existing number of units, whichever is less. The following table identifies existing commercial and effiee hotel development in the plan area that is nonconforming due to its existing FAR. Table 4- Floor Area Ratio Nonconformities Table 4- Floor Area Ratio Nonconformities PROJECT NAME TAZ(s) GP FAR LIMITS EXISTING FAR NOTES Seuth Geast Plaza Tewn Sente 12, 16 17, 18 �60 el + carr 69 effic$ � e,4, The stir CAD elud-r'u Fawn hetel OF equiYalent. The - existing zoning is TG whieh few set standaFds. Metro Pointe 26 .50 retail Only partially developed to date The Development Agreement Phases 2 & 3 .60 office allows 1.01 FAR for Phases 2 & 3, if built -out it will become nonconforming but it will be protected by the Development Agreement for the remainder of the agreement's term. The Lakes 10 .25 retail Wyndham Garden Hotel- 2.08 The intensity of the two hotels .35 office (3350 Ave. of the Arts) exceeds the allowable levels. Marriott Hotel- 1.3 (500 Anton) The other major developments in the plan area are within the allowable FAR and would not be considered nonconforming. 26 There are two different redevelopment scenarios to consider in regards to FAR nonconformity, i.e., reconstruction after unintentional destruction and reconstruction after voluntary destruction. Unintentional Destruction As shown in Table 4, the nonconformity is limited to a -few one major projects in the plan area. For the newer high rise buildings in North Costa Mesa, it should not be difficult to meet the current standards and reconstruct in case of unintentional destruction, and the General Plan and zoning code have adequate protection for rebuilding nonconforming development that is unintentionally destroyed. Voluntary Destruction A major concern for SGP Tewn GenteF and The Lakes is that if a property owner chooses to demolish a building to redevelop, the new development would need to meet the FAR limit and current development code standards. In most cases this would mean considerably less development than what exists. Therefore, it is the intent of this plan to indicate how to calculate the amount of new development that would be allowed if a building is voluntarily demolished. The General Plan states that the FAR is determined on a project -planning basis rather than a parcel -specific basis. Therefore, a strict interpretation of the General Plan in regards to rebuilding after voluntary destruction requires that the FAR be calculated over the entire acreage of the master planned project. But, if such a project were evaluated on a master planned basis in the instance of the Seuth Geast Plaza Town �'�r-The Lakes, it is very likely that it would result in the inability to reconstruct anything, since on a project -wide basis both developments would most likely still exceed the General Plan FAR limits even with the removal of an existing building. However, the General Plan also states that development could be evaluated at a parcel -specific level if the project is or can be developed on a single lot and not subdivided at a later date. So although beth SGP Town GenteF and The Lakes is a aye large planned developments, the FAR for the new development can be based on the size of the individual lot. It is reasonable to allow redevelopment either up to the General Plan intensity level for the land use designation or up to the pre-existing development level, whichever is less, in cases where a development on a single parcel is voluntarily demolished. Tis-appreaeh is pFaetueal fE)F the SGP Town Center aFea whieh is the oldest development and is split amengst Fnany individt a! pare -els and prepeFty owners. The Lakes has also been subdivided so that the apartment complex, two hotels and retail center each occupy their own parcel. Restrictions should be made that indicate that the major open space features of this these twe planned developments shall always remain as open .space, and that the individual parcels may not be further subdivided. 27 Parks and Recreation As shown on Figure 10, north of the 1-405 and east of Harbor Boulevard there are two publicly owned parks and three privately owned and maintained open space areas. They are Wakeham and Wimbledon Parks and the California Scenario, Town Center, and The Lakes sites. There are no school sites, community centers or golf courses in the plan area and none are planned. Wakeham Park is 9.91 acres in size and Wimbledon Park is 3.36 acres. Both are located inside residential tracts. Located south of Anton Boulevard and east of Bristol Street, California Scenario sculpture garden is a 1.6 -acre private plaza which consists of a blend of hardscape, landscaping, sculptures and water features. It is open to the public and is used for passive recreation gatherings summer concerts and as a backdrop for photography and commercials. It occupies an area between high-rise office buildings, retail establishments and parking structures. In conjunction with the approval of GP -00-02 for South Coast Plaza Town Center, the property owner is to preserve and maintain the California Scenario sculpture garden substantially in accordance with its existing configurations and function commencing immediately and continuing for the useful life of the existing office buildings adjacent to the garden. Tt —isopen to the—ptbf^ and is used fOF ^^^^,^•^W The 3 -acre Town Center site is an open space easement located between the South Coast Plaza Hotel, South Coast Repertory Theater and Town Center high rise buildings. It, too, is open to the public and is used for concerts, various promotions for the arts, seasonal gatherings, passive recreation and as pedestrian access between the buildings. The easement area boundaries were slightly modified in 2001 but were not decreased in size. is the easement beyond 2001. Located within a mixed use project east of Avenue of the Arts, The Lakes development contains a large apartment complex, two high-rise hotels and retail buildings. Central to these uses is a 3.3 acre permanent public open space easement which includes a lake, walkways, plaza area and landscaping. The walkways connect to public pathways at Avenue of the Arts, the various uses in the block and the public sidewalk on Sakioka Drive. Planning Area 5, as defined in the City's draft Parks Recreation and Open Space Master Plan (January 19963), is the entire area of the City that is located north of the 1-405. Although the boundaries of the plan area do not coincide directly with Planning Area 5, information is provided regarding Sakioka Farms Lot 1. A detailed summary of the findings of the study are included in Appendix C. The study concluded that the plan area has adequate parkland currently, however, the anticipated residential development of Sakioka Lot 1 will create additional demand for a neighborhood park. Additionally, the parkland needs cannot be easily met in the surrounding area. As can be noted on Figure 10, there is not a public park located east of Bristol Street which could serve the Sakioka property. The subdivision of this residential area will require dedication of parkland or the payment of in lieu fees; therefore, if a subdivision is proposed, then the project should meet its neighborhood park dedication requirement onsite. Consideration should also be given to locating the private recreational areas of this planned development in proximity to the public park area. It should be noted that the City's Park and Recreation Dedication ordinance does allow privately developed, owned and maintained open space to be credited against the parkland dedication requirement. AREA 4- SOUTH COAST PLAZA TOWN CENTER Existing Land Uses This 54- 62 acre area is commonly referred to as South Coast Plaza (SGP) Town Center S( CPTC), and it contains a variety of commercial, entertainment, and high-rise office uses, including the Orange County Performing Arts Center. The approval of GP -00-02 resulted f develepFn ^+tetals 2,802,250_4 161 813 square feet. In 2000, there was heFe is only one vacant parcel (5 acres). This aFea is i multiple ewneFship The primary entry street into hewn GenteFSCPTC is Anton Boulevard, which also serves as the circulation backbone. Many of the existing developments along Anton Blvd. between Bristol Street and Sakioka Drive are oriented to the pedestrian, thereby encouraging walking. An extensive greenbelt/pathway system within the SGP Te.w n Genter'sSCPTC's core also links the various buildings and uses. In order to facilitate foot traffic to and from South Coast Plaza, a pedestrian bridge has been constructed across Bristol Street. General Plan and Zoning This site is designated WFban GenteF GemmeFeial Cultural Arts Center by the General Plan and the corresponding zoning is TC. The maximum FAR is 1.77 for the entire project areaG.60 feF Fetail and 0.60 fOF effiee us ; this corresponds to a maximum building square footage of 4,161,813. 2,873,110. The trip budget for this area is 5,1434 -87 a.m. peak hour trips and 6,5876,243 p.m. peak hour trips. The FAR for specific developments or ownership parcels may exceed the maximum of 1.77, provided that the maximum allowable FARs shown in Table 5A for each sub -area are not exceeded. See following Sub -areas discussion. Sub -areas The SCPTC was divided into three sub -areas in conjunction with the approval of GP - 00 -02. These three sub -areas are under separate ownership. Provided in Table 5A is a statistical summary of the maximum floor area ratio, building square footage, and trip budgets for each subarea. Figure 14A illustrates the boundaries of the sub -areas. To facilitate flexibility within a subarea, building square footages may be transferred, provided that the total building square footage, floor area ratio, and trip budget for the affected subarea are not exceeded as delineated in Table 5A. Transfers between any of the sub -areas are not permitted. KW, Table 5B and Figure 14A provide further detail of the anticipated development within each of the three sub -areas. Precise building uses locations and square footages will be determined in conjunction with final master plan approvals for the SCPTC. Land Use Compatibility/Integration The remaining five—acre parcel located. adjacent to Avenue of the Arts is in a well defined urban area. The Orange County Performing Arts Center, South Coast Repertory and Plaza Tower are in the immediate vicinity. Future development should be complementary to these surrounding developments, and where possible, linked physically by sidewalks and open space/greenbelts. Anticipated development for this area is detailed in Table 5B and Figure 14A. Street level and pedestrian appeal should also be taken into account during site design. The site design should also consider The Lakes apartments located across Avenue of the Arts, so as to not cause shade or shadow impacts. Pedestrian -oriented directional signage should be added within the existing 3 -acre open space easement in Town Center. Signage should be placed at key entry points, particularly adjacent to the hotel, to guide pedestrians to the various attractions. Building Heights Building heights shall be limited to 240feet 16—ste 'west of PaFk Genze. and 315 feet (approximately 21 stories), east of Park renteF. Buildings above 173 feet in height will require approval by the FAA. Chi jIW SEE nGURE 8 FOR URBAN RAIL INFORMATION AREA 4 1-405 AREA A - SOUTH COAST PLAZA TOWN CENTER Development Summery Total Area: 54 acres General Plan: Cultural Arts Center Zoning: TC Maximum Intensity: 1.77 Floor Area Ratio Maximum Square Footage: 4,161, 813 sq, ft. Trip Budget: 5, 143 a.m. peak hour trips ,_rar 6, 587 a.m. peak hour trips Maximum Building Height: 21 stories/ 315 feet a■■■I SAN DIEGO FREEWAY Legend as NOTE: The Information provided in graphic form is intended to be illustrative and Is not Intended to be interpreted as the precise location for future land uses or structures, unless so specified In Section 4.0 Development Standards AREA 4 NORTH COSTA MESA SPECIFIC PLAN rev.5sep2K Existing Town Center Park/ Greenbelt Future Bike Underpass v ..» ., Pedestrian Zone n its n ■ Existing Bikeway Pedestrian Directional Signage ♦.►♦ Future Bikeway 0000 Pedestrian Overpass ,_rar Future Collector �i Pedestrian Linkage ■ ■ ■ ■ Future 1-405 On -Ramp/ Off Ramp California Scenario Plaza NOTE: The Information provided in graphic form is intended to be illustrative and Is not Intended to be interpreted as the precise location for future land uses or structures, unless so specified In Section 4.0 Development Standards AREA 4 NORTH COSTA MESA SPECIFIC PLAN rev.5sep2K Effne •T' 1 - M Parking Structure • ' O • • �' ►�♦fit • - e ti Imperial Bank Building ., oil •• • . - .. ��♦� � �.� ►�♦�♦� ►♦�♦♦♦♦♦♦ ��1♦♦♦�♦�♦� >♦ ►.:ice:' �,�►,+n ., Parking Structure Plaza Tower Westin South J O � O . L Town Centererstrom Center, •��♦•� r he Arts Segerstrom Town Center NNNN � 250 125 0 252 FIGURE 14A 7Cll�c o ❑ 0 _-__ SCALE IN FEET McbrlBnndmanAssodares 41_2 SCP'TC Project Components 00800014.7/2000 SOUTH COAST PLAZA TOWN CENTER EIR Table 5B STATISTICAL SUMMARY OF SCPTC COMPONENTS Overall Net Previously increase Unbuilt Slated for New (Unentitled Building Land Use Entitlements Demolition Construction Uses He! ht/Sto A. Segerstrom 0 (84,025 sq. ft.) 339,025 sq. ft. 255,000 sq. ft. 315 ft./21 Office office ; B. OCPAC Expansion 65,000 sq. ft. 0 65,000 sq. ft. 0 160 ft./3 (1,000 seats) (1,000 seats) C. SCR Theater 0 0 32,500 sq. ft. 32,500 sq. ft. 160 ft./2 (140 seats) D. Symphony Hall 0 0 301,145 sq. ft. 301,145 sq. ft. 130 ft./5 (2,500 seats) (2,500 seats) E. Art Museum/ 0 0 140,000 sq. ft. 140,000 sq. ft. 80 ft./4 Academy F. Hotel/ Restaurant 186,000 sq. ft. (15,300 sq. ft.) 186,000 sq. ft. 0 210 ft./12 (186 room hotel) (restaurant) (186 room hotel)/ 15,300 sq. ft. (restaurant) G. Two Town Center Parking Structure #1 0 0 300 spaces 300 spaces 60 ft./4 H. Two Town Center Office 0 0 100,000 sq. ft. 100,000 sq. ft. 150 ft./10 Building 1_ Two Town Center Parking Structure #2 0 (19,200 sq. ft.) 756 spaces Note: 19,200 sq. 756 spaces 75 ft./5 theater ft. of theater to be recreated as office- Building J. J. Two Town Center Office/Retail/ 0 (28,700 sq. ft.) 328,700 sq. ft. 280,800 sq. ft. 175 ft./11 (restaurant) Restaurant K. South Coast 0 02,000 sq. ft.) 12,000 sq. ft. 0 40 ft./2 Plaza Cinema theater theater TOTAL: 251,000 sq. ft. (159,225 sq. ft.) 1,519,670 sq. ft. 1,109,445 sq. -ft. Sq. ft. = square feet "Overall net increase" equals "new construction" minus "previousiy unbuilt entitlements" and/or "slated for demolition." Source: City of Costa Mesa, January 2001 41-3 Circulation The street network for this subarea is in place_, However, the Master Plan of Bikeways indicates a new bikeway on Avenue of the Arts and SunfleWeF AvenueSakioka Drive. The n.,enue, of the, AFtS bikeway eenReets with a future 1 406 undeFpass feF bikes. The widening of the Bristol Street interchange with the 1-405 is completed °°ff^^tl �^'^^`^^ Figure 9 indicates Leone urban rail alignment to the east of the project sitealteMatives that tFaveFse this site. NoneenfOFR ty in the event Of VGIURtaFy demolition of an existing building on a single paFeel, the PFOpeFty owner Fnay be allowed tO Fedevelep eitheF up te the GeneFal Plan intensity level fer LJFban GeRteF GoFnMeFeial OF subdivided fWtheF. The open spaee/oFeenbeit aFea shall also r Fi spaee. Parks and Recreation As stated in Section 2, Development Setting, the 3 -acre open space/greenbelt easement boundaries were reconfigured and slightly expanded in 2001. is due to expiFe in 2001, In addition, a it was secured as part of GP -00-02 as a permanent private open space area-. Also, in conjunction with the approval of GP -00-02 the property owner is to preserve and maintain the California Scenario sculpture garden substantially in accordance with its existing configurations and function, commencing immediately and continuing for the useful life of the existing office buildings adjacent to the garden.-_ an integral and impertant featWe of the SGP Town Genter. Theater and Arts District Plan A Theater and Arts District (TAD) Plan shall be established in conjunction with the development of Town Center. The TAD plan shall be incorporated into the North Costa Mesa Specific Plan, and shall include development guidelines and standards for lighting public art street furniture signage landscaping pedestrian and vehicle circulation pedestrian and vehicular streetscapes, as well as an implementation plan Entry and monument signs display banners and other signs identifying the Theater and Arts District shall prominently include the name of the City. The TAD plan shall be submitted to the City for review and approval —within 18 months of the approval of the SCPTC preliminary master plan- The plan will also address hours of operation public access and parking fee restrictions for SCPTC parking structures for patrons of the cultural arts facilities and alternative financing mechanisms for public street amenities. Parking Although the project area is comprised of multiple ownerships the parking demand for SCPTC has always considered the project as a single proiect Specifically, parking need not be located on the same parcel as the building for which it is required; all parking facilities are to be available to employees and visitors of all South Coast Plaza Town Center uses. Consistent with the historical analysis of parking demand for this project, any future parking studies need to continue to examine the South Coast Plaza Town Center as a single proiect. Persons who are residents of the City of Costa Mesa attending a cultural arts venue during evenings (after 6 p.m.) or on weekends shall be provided a discount of fifty percent (50%) off the price for parking otherwise applicable to the general public. 41-4 AREA 5- THE LAKES Existing Land Uses This 27 acre area contains two hotels (492 rooms), The Lakes apartment complex (770 units), and The Lakes retail center (20,400 square feet). This area, located adjacent to the SCP Town Center, is in multiple ownership and is nonconforming in terms of what is allowed by the 1990 General Plan. A prominent feature of this development is the lake, which is centrally located. The lake is surrounded by pedestrian paths which are linked to the public sidewalks. General Plan and Zoning This site is designated High Density Residential by the General Plan and is zoned PDR -HD. The maximum density is 20 dwelling units per acre. Land Use Compatibility/Integration No additional development of this area is anticipated by the General Plan; however, any future redevelopment of the retail portion of this property should be oriented to pedestrian traffic on Avenue of the Arts and Anton Boulevard, while maintaining internal pedestrian linkages to other developments in the block. Pedestrian -oriented directional signage should be placed in proximity to the two hotels (one on Avenue of the Arts and the other on Anton Boulevard). M 38. A Theater and Arts District (TAD) Plan shall be established in conjunction with the development of Town Center. The TAD plan shall be incorporated into the North Costa Mesa Specific Plan and shall include development guidelines and standards for lighting public art street furniture signage landscaping pedestrian and vehicle circulation, pedestrian and vehicular streetscapes as well as an implementation plan Entry and monument signs display banners and other signs identifying the Theatre and Arts District shall conform to the regulations in the TAD Plan The name of the Theatre and Arts District shall prominently include the name of the City. The TAD plan shall be submitted to the City for review and approval within 18 months of the approval of the SCPTC preliminary master plan The plan will also address hours of operation public access, and parking fee restrictions for SCPTC parking structures for patrons of the cultural arts facilities, and alternative financing mechanisms for public street amenities. in the event of voluntary demolition of an exi5ting builditM on a single pareel in either The hakes or sep Town 6enter�, the property owner may be allowed to redevelop either up to the General pl:an inten5ity Ievel f of the land use designattion or tip to the pre existing development - whichever is less. Parcels, ht)wever, may not be subdivi furthef in order to obtain additional development potential= 38A. Prior to any final master plan approval a parking study shall be submitted and approved by the City that demonstrates the provision of sufficient parking for each project component. Consistent with the historical analysis of parking demand for this proiect, the parking study will examine the South Coast Plaza Town Center as a single project for calculating parking demand. Specifically, parking need not be located on the same parcel as the building for which it is required; all parking facilities are to be available to employees and visitors of all South Coast Plaza Town Center uses. Persons who are residents of the City of Costa Mesa attending a cultural arts venue during evenings (after 6 p.m.) or on weekends shall be provided a discount of fifty percent (50%) off the price for parking otherwise applicable to the general public. 39. The major open space features of the SCP Town Center and The Lakes shall remain as permanent open space. 40. Appropriate measures should be taken to permanently secure the existing open space easement in South Coast Plaza Town Center. "The California Scenario" sculpture garden shall be preserved and maintained substantially in accordance with its existing configurations and function commencing with the approval of GP -00-02 and continuing for the useful life of the existing office buildings adiacent to the garden. Any proposed changes to the sculpture garden shall require an amendment to the South Coast Plaza Town Center Master Plan and the amendment shall require City Council review and approval. Prior to any final master plan approval for Two Town Center/Downey Savings, a declaration of land use restriction for the sculpture garden shall be submitted to the City of Costa Mesa andthe City's approval shall be obtained and the land use restriction shall be recorded by the Orange County Clerk -Recorder. Also see #32 and #34. Area 5 -The Lakes 41. Future redevelopment of the retail portion of this property should be oriented to pedestrian traffic on Avenue of the Arts and Anton Boulevard while maintaining internal pedestrian linkages to other developments in the block. Pedestrian -oriented directional signage is encouraged to be located in proximity to the hotels. 64 41 A In the event of voluntary demolition of an existing building on a single parcel in The Lakes, the property owner may be allowed to redevelop either up to the General Plan intensity Level for the land use designation or up to the pre-existing development level, whichever is less. Parcels however, may not be subdivided further in order to obtain additional development potential. See also #32, #34, #38 and #39. Area 6- South Coast Metro Center 42. New commercial and office buildings are encouraged to be located along the Anton Boulevard frontage. 43. Encroachment into the building setback area may be allowed on Anton Boulevard for pedestrian -serving commercial or mixed-use building(s). Parking areas shall not be allowed to encroach into the street setback, unless it is tucked under the commercial or mixed-use building(s). 44. The internal pedestrian paths shall be conveniently linked to Anton Boulevard, and pedestrian - oriented directional signage is encouraged to be located along Anton Boulevard. 45. Parking lots/structures shall be located along the southern, western, and eastern edges of the site adjacent to the 1-405 and on and off ramps, and not adjacent to Anton Boulevard. 46. If residential uses are considered for this site, they are encouraged to be located towards the eastern portion of the property. 64-1 STATEMENT OF FACTS AND FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS South Coast Plaza Tour Center EIR — FaxlvV and Statanmt of Owmdmg Considerations FINDINGS OF FACT IN SUPPORT OF FINDINGS FOR SIGNIFICANT ENVIRONMENTAL EFFECTS OF THE SOUTH COAST PLAZA TOWN CENTER PROJECT AND STATEMENT OF OVERRIDING CONSIDERATIONS 1.0 INTRODUCTION The California Environmental Quality Act (CEQA) Public Resources Code Section 21081, and the CEQA Guidelines Section 15091(a) provide that: "No public agency shall approve or carry out a project for which an environmental impact report has been certified which identifies one or more significant effects on the environment that would occur if the project is approved or carried out unless the public agency makes one or more of the following findings: a. Changes or alterations have been required in, or incorporated into, the project, which mitigate or avoid the significant effects on the environment. b. Those changes or alterations are within the responsibility and jurisdiction of another public agency and have been, or can and should be, adopted by that other agency. C. Specific economic, legal, social, technological, or other considerations, including provisions of employment opportunities for highly -trained workers, make infeasible the mitigation measures or project alternatives identified in the final environmental impact report." The City of Costa Mesa has prepared a Final Program EIR for the project in accordance with CEQA and CEQA Guideline requirements. The Final Program EIR was subject to review, and the Planning Commission recommended its certification to the Costa Mesa City Council by separate resolution. Because the South Coast Plaza Town Center (SCPTC) project Final Program Environmental Impact Report (EIR) #1047 identified significant effects that may occur as a result of the project, and in accordance with the provisions of CEQA and CEQA Guidelines, the City of Costa Mesa hereby adopts these findings as part of the approval of the SCPTC project and related applications. R/Client/0080/00800014YND.doe January 17, 2001 1 Findings South C.aast Plaza Tozen Center EIR - Findings and Statonmt ofOuy vidmg Considerations 2.0 FINDINGS OF FACT IN SUPPORT OF FINDINGS FOR SIGNIFICANT ENVIRONMENTAL EFFECTS MITIGATED ADVERSE IMPACTS Final Program EIR #1047 analyzed the following areas of potential environment impact: land use and related planning programs; transportation and circulation; air quality; noise; geology and soils; hydrology and water quality; population, employment, and housing; public services and utilities, and energy consumption; and aesthetics. The potentially significant impacts identified in the Final Program EIR, but which can be mitigated to levels of less than significant through implementation of project design features, standard conditions, or mitigation measures are set forth below. The following section sets forth the City's findings with respect to each of the significant impacts, the facts in support of those findings, and those changes and alterations that have been made to the project to reduce or eliminate potentially significant effects to levels of less than significant. The potential significant adverse impacts that would be mitigated are listed in the following sections. The Costa Mesa City Council finds that these potential adverse impacts would be mitigated to a level that is considered less than significant after implementation of the project design features, standard conditions and requirements, and recommended mitigation measures. LAND USE AND RELATED PLANNING PROGRAMS Significant Impact Portions of the project site are within the Federal Aviation Administration (FAA) Notice Area for John Wayne Airport. The SCPTC project would not be expected to impact airport operations or existing/future navigation systems. Pursuant to FAR Part 77 (AC70/7460-2J), the proposed project does require FAA notification. A finding of consistency with the Airport Land Use Plan is expected because the project's onsite land uses would not penetrate any imaginary surfaces. Finding Changes or alterations have been required in, or incorporated into, the project, which mitigate or avoid the significant effects on the environment. Facts in Support of Finding The significant effect has been eliminated or substantially lessened to a level that is less than significant by inclusion of standard conditions and requirements and adoption of the following mitigation measures as identified in the Final Program EIR. HICienr/0080/00800014YND.doc January 17, 2001 2 Findmg5 South Coast Plaza Town Center EIR - Findings and Statanmt of Oayndkg Considerations Standard Conditions and Requirements The proposed project will be subject to all of the applicable conditions and regulations set forth in the North Costa Mesa Specific Plan, the City of Costa Mesa zoning ordinance, and all requirements and enactments of federal, state, county, city and other governmental entities with jurisdiction. All such requirements and enactments of these agencies will become conditions of project implementation. Mitigation Measures 1-1. Prior to the issuance of a building permit for any structure located within the FAA Notice AREA for John Wayne Airport, the project applicant shall submit a Notice of Proposed Construction to the FAA. The ALUC will review the project for consistency with the Commission's AELUP. The project shall comply with the provisions and restrictions imposed by the FAA and the ALUC. This condition shall be included in the North Costa Mesa Specific Plan and the final project -specific master plans, and shall be verified by the Costa Mesa Planning Division. 1-2. The City of Costa Mesa will review the final site plans for development within the SCPTC project area for consistency with any adopted plans for the area. TRAFFIC AND CIRCULATION Significant Impact At buildout, the SCPTC project will generate 10,000 average daily trips, with 1,200 a.m. and 1,050 p.m. peak hour trips. Finding Changes or alterations have been required in, or incorporated into, the project, which mitigate or avoid the significant effects on the environment. Facts in Support of Finding The significant effect has been eliminated or substantially lessened to a level that is less than significant by virtue of the following project design features, standard conditions and requirements, and the adoption of mitigation measures as identified in the Final Program EIR: Project Design Features These are circulation features or improvements that are included as part of the proposed project, and are included in the traffic impact analysis prior to mitigation. The only design feature that falls into this H:/Client/0080/00800014.FND.doc January 17, 2001 3 Findings South Caast Plaza Tozen Center EIR - Findings and Staonmt of Omvdmg Cau derations category is the proposed street vacation of a portion of Town Center Drive between Park Center Drive and Avenue of the Arts (with related amendment to the City's Master Plan of Highways). Standard Conditions and Requirements The long-range general plan improvements within the City of Costa Mesa that are assumed in the background conditions will be funded mostly by an areawide circulation system funding mechanism such as the City Traffic Impact Fee Program or special benefit district fees. The proposed SCPTC project will be responsible for the payment of fees to the City of Costa Mesa as set forth below. • The project applicants shall participate in the implementation of Master Plan of Highways improvements through the payment of traffic impact fees. The payment of traffic impact fees shall be submitted to the City of Costa Mesa Planning Division for the mitigation of offsite traffic impacts based on the average daily trips generated by the development and payable at the time of issuance of certificates of occupancy. The required fee shall be paid pursuant to the prevailing schedule of charges adopted by the City Council in effect at the time of issuance of certificates of occupancy. • The project applicants shall be responsible for the payment of fees in accordance with the San Joaquin Hills Transportation Corridor Fee Ordinance. Fees shall be paid to the Costa Mesa Planning Division prior to the issuance of building permits. • The project applicants shall comply with the Transportation Demand Management (IDM) requirements of the City of Costa Mesa TDM Ordinance (Costa Mesa Municipal Code S 13-880 through 13-888) through the provision of one or more improvements set forth in Costa Mesa Municipal Code 8 13-884. Significant Impact As a result of project -related traffic, ten intersections would be significantly impacted: Bristol St./Sunflower Ave., Fairview Rd./South Coast Dr., Bristol St./Paularino Ave., Bristol St./Segerstrom Ave., Bristol St./MacArthur Blvd., Flower St./MacArthur Blvd., SR -55 NB Ramps/MacArthur Blvd., Main St./MacArthur Blvd., and Main St./Sunflower Avenue. Project -related traffic impacts on eight of these ten intersections would be reduced to less than significant levels. The intersections of Main St./MacArthur Blvd., and Main St./Sunflower Ave, located in the City of Santa Ana, will operate at Level of Service F under future build -out conditions, with or without the project (see "Significant Unavoidable Adverse Impacts" section). Finding Changes or alterations have been required in, or incorporated into, the project, which mitigate or avoid the significant effects on the environment. HIClient/0080/00800014YND.doc January 17, 2001 4 Findings South Coast Plaza Tozen Center EIR - Findings and Statonou of Ownidmg Considerations Such changes or alteration are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such agency or can and should be adopted by such agency. Facts in Support of Finding The significant effect has been eliminated or substantially lessened to a level that is less than significant by adoption of the following mitigation measures: 2-1. As the subsequent phases of the SCPTC project are submitted to the City of Costa Mesa, the project traffic study area intersections' performance shall be monitored against the City's Annual Development Phasing and Monitoring Report to determine when future improvements are required. 2-2. The project applicants shall be required to fund all costs and/or implement intersection improvements to the following intersections in Costa Mesa: Bristol St./Sunflower Ave., Fairview Rd./South Coast Dr., Bristol St./Paularino Ave., Park Center Dr./Sunflower Ave. The following intersection improvements shall be completed pursuant to the indicated schedule: Intersection Recommended Improvement Schedule Bristol Street & Sunflower Convert Yd northbound through lane to a Complete prior to issuance of Avenue shared through/right-turn lane (provide 2NBL, first Certificate of Occupancy 2 NBT, 1 shared NBT/NBR, and 1 NBR). in the South Coast Plaza Town Center area. Fairview Road & South Convert 2nd eastbound through lane to shared Complete prior to issuance of Coast Drive through/right-turn lane (provide 1 EBL, 1 first Certificate of Occupancy EBT, 1 shared EBT/EBR, and 1 EBR). in the South Coast Plaza Town Center area. Bristol Street & Paularino Add a second northbound left -turn lane; add a Complete prior to issuance of Avenue second westbound left -turn lane instead of a final Certificate of Occupancy second right -turn lane. in the South Coast Plaza Town Center area. Park Center Drive & Convert northbound through lane to a shared Complete prior to issuance of Sunflower Avenue left/through lane. Convert southbound left -turn final Certificate of Occupancy lane to a shared left/through lane and convert in the South Coast Plaza southbound through lane to a right -turn lane. Town Center area. Implement split phasing for north/south direction (provide 1 NBL, 1 shared NBL/NBT/NBR, 1 shared SBL/SBT, and 1 SBR). 2-3 The project applicants shall pay their respective pro -rata share of the costs of the planned improvements, as identified in Final Program EIR # 1047, at the intersections in the City of Santa Ana listed below. The terms for these payments, including payment calculation and timing, shall be determined by the Director of Development Services, in order to coordinate with the City of Santa Ana. R/Client/0080/00800014IND.doc January 17, 2001 5 Findmg5 South Coast Plaza Tozen Center EIR — Fi zcbV and Stao7uu of Omndxg Considerations The following intersection improvements are required: a. Bristol St./Segerstrom Ave.: General Plan Improvements: Add a second left turn for each approach, 3rd and 4th eastbound through lanes, 31d westbound through lane, and right -turn lanes for each approach. Non -General Plan Improvements: Add a 4th westbound through lane. b. Bristol St./MacArthur Blvd.: General Plan Improvements: Add right turn lanes for southbound, eastbound, and westbound approaches. Non -General Improvements: Add 4th eastbound and westbound through lanes, add right turn overlap for westbound right turn lanes. c. Flower St./MacArthur Blvd.: General Plan Improvements: None. Non -General Plan Improvements: Add northbound and westbound right turn lanes. d. SR -55 NB Ramps and MacArthur Blvd.: General Plan Improvements: None. Non -General Plan Improvements: Add 3rd northbound right turn lanes. NOISE Short -Term Construction Noise Significant Impact Noise generated from construction and/or demolition equipment, including trucks, graders, bulldozers, concrete mixers, and portable generators can reach high levels. An existing hotel is located approximately 150 feet from the nearest construction/demolition activities and may experience significant short-term noise impacts. There are residences located across the Avenue of the Arts from the Segerstrom Center for the Arts portion of the project. These residences would be located approximately 100 feet from the nearest construction site and 250 feet from the furthest construction activity. Noise generated from construction activities represents a short-term noise impact. Finding Changes or alterations have been required in, or incorporated into, the project, which mitigate or avoid the potential significant effects on the environment. Facts in Support of Finding The potential significant effect has been eliminated or substantially lessened to a level that is less than significant by inclusion of the following standard conditions and requirements as identified in the Final Program EIR. HICHent/0080/00800014YND.doc January 17, 2001 6 Finc&lg5 South Coast Plaza Tozen Center EIR — Fan &gs and Statanaat of 0awid ng Considerations Standard Conditions and Requirements • Local Control of Construction Hours - The most effective method of controlling construction noise is through local control of construction hours. The City of Costa Mesa has adopted a Noise Ordinance that excludes control of construction activities during the hours between 7 a.m. and 8 p.m. All noise generating construction activities within 500' of residential areas should be limited to these hours. Truck Routes - Truck routes in general should be steered away from residential areas. In addition to the above measures, temporary noise barriers should be used during the construction of the hotel portion of the project adjacent to the existing hotel. The barriers should be a combination of walls along the edge of the construction site as well as movable barriers to be used with more stationary sources of noise such as jackhammers. Long -Term Off-site Impacts Significant Impact No off-site impacts are expected from the project therefore, no mitigation measures are required. There is a slight possibility that uses at the project that have not yet been identified will generate noise levels that may exceed the noise criteria at nearby residences. Finding Changes or alterations have been required in, or incorporated into, the project, which mitigate or avoid the significant effects on the environment. Facts in Support of Finding The potential significant effect has been eliminated or substantially lessened to a level that is less than significant by the inclusion of the following standard conditions and requirements, and the adoption of mitigation measures as identified in the Final Program EIR. Standard Conditions and Requirements All activities on the project site are required to comply with the City of Costa Mesa Noise Ordinance. Mitigation Measures 4-1. All activities on the project site will be required to conform to the noise ordinance. Any potential noise -generating uses should be located away from residential areas, if possible. H:/Client/0080/00800014.FND.doc January 17, 2001 7 Findings South Coast Plaza Tozen Center EIR - Firrdmgs and Staten" of aenidmg Cavideratzom Long -Term On-site Impacts Significant Impact The proposed hotel located (Building F) along Bristol Street may experience interior noise levels in the guest rooms that exceed" 45 CNEL. Finding Changes or alterations have been required in, or incorporated into, the project, which mitigate or avoid the significant effects on the environment. Facts in Support of Finding The potential significant effect has been eliminated or substantially lessened to a level that is less than significant by the adoption of the following mitigation measure as identified in the Final Program EIR. Mitigation Measures 4-2. Prior to issuance of building permits for the new hotel (Building F) an acoustical study should be prepared by a qualified acoustical consultant and submitted to the City. This study should predict the future ultimate noise levels impacting the building and calculate the outdoor -to -indoor noise reduction provided by the structure. Compliance with the 45 CNEL standard should be demonstrated with any required building component upgrades. The required noise reduction is only slightly greater than what would typically be expected. The 45 CNEL standard is achievable and any measures required to meet the 45 CNEL standard would not be significant. GEOLOGY AND SOILS Significant Impact Project implementation could result in differential settlement from compacted soils beneath building foundations settling over time due to earthquakes or other natural occurrences. The project site contains expansive soils. Significant impacts from differential settlement can be mitigated through standard building design and engineering techniques required for compliance with the Uniform Building Code. Typically, removal and recompaction of compressible soils provides suitable mitigation for settlement - related impacts where relatively low-rise structures are constructed. For medium -to high-rise office buildings, specialty foundation designs, pilings, or caissons can address the potential effects from differential settlement. H:/Client/0080/00800014.FND.doc January 17, 2001 8 Findings South Coast Plaza Tozen Center EIR - Findings and Stawnmt of Omnding Considerations Finding Changes or alterations have been required in, or incorporated into, the project, which mitigate or avoid the significant effects on the environment. Facts in Support of Finding The potential significant effect has been eliminated or substantially lessened to a level that is less than significant by inclusion of the following standard conditions and requirements and the adoption of mitigation measures as identified in the Final Program EIR. Standard Conditions and Requirements Compliance with Uniform Building Code provisions and standard subdivision engineering requirements, as specified in the city's conditions of approval, will satisfactorily address the geotechnical issues described in this section of the Final Program EIR. Mitigation Measures 5-1. All future development on the SCPTC site shall be designed to comply with all applicable geological and seismic safety requirements of the Uniform Building Code and mitigation as defined in the Public Resources Code Section 2693(c). Verification of such compliance will be confirmed during the City's plan review and building permit issuance processes. 5-2. Grading and foundation plans, including foundation loads, shall be reviewed by a registered soils engineer, and approved by the City of Costa Mesa Building Safety Division. 5-3. All grading and earthwork shall be performed under the observation of a registered geotechnical engineer in order to achieve proper sub -grade preparation, selection of satisfactory materials, and placement and compaction of all structural fill. 5-4. Prior to approval of each grading plan by the City of Costa Mesa, the property owner/developer shall submit a soils and geological report for the area to be graded, based on proposed grading and prepared by registered soils engineer and approved by the City of Costa Mesa Building Safety Division. 5-5. Prior to issuance of each building permit by the City of Costa Mesa, the property owner/developer shall submit for review and approval by the City of Costa Mesa Building Safety Division, a detailed foundation design information for the subject building(s), prepared by a registered civil engineer, based on recommendations by a geotechnical engineer. H:/Client/0080/00800014.FND.doc January 17, 2001 9 Findings South Coast Plaza Tozen Center EIR — Findings and Statanazt of Or midmg Cauii eratiom 5-6. Prior to issuance of each building permit by the City of Costa Mesa, the property owner/developer shall submit plans showing that the proposed structure has been analyzed by a registered civil engineer for earthquake loading and designed according to the most recent seismic standards in the Uniform Building Code adopted by the City of Costa Mesa. 5-7. If a permit is required for discharge of perched groundwater encountered during excavation for site improvements, the applicant shall acquire such permits) from the applicable agency(ies) (e.g., Santa Ana Regional Water Quality Control Board, County Flood Control or County Sanitation District) and provide evidence of permit issuance to the Costa Mesa Building Safety Division prior to initiating any such discharge. HYDROLOGY AND WATER QUALITY Significant Impact Due to the increase of impermeable surfaces from the proposed project, the volume and rate of runoff from the site will be nominally increased over the existing condition. Degradation of storm water runoff quality is possible associated with the introduction of urban land uses to the site. Finding Changes or alterations have been required in, or incorporated into, the project, which mitigate or avoid the significant effects on the environment. Such changes or alteration are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such agency or can and should be adopted by such agency. Facts in Support of Finding The potential significant effect has been eliminated or substantially lessened to a level that is less than significant by the inclusion of the following project design features, standard conditions and requirements, and the adoption of mitigation measures as identified in the Final Program EIR. Project Design Features The project incorporates the following design features related to hydrology, flood hazard, and water quality: • Construction of structural BMPs as identified in the SWPPP, and required by the NPDES Stormwater Permit issued to the project site by the County of Orange/City of Costa Mesa to capture urban runoff contaminants from developed areas prior to discharge to onsite storm drain facilities. R/Client/0080/00800014IND.doc January 17, 2001 10 Findings South Coast Plaza Tozen Center EIR — F hlzW and Statanmt ofOzt mdmg Considerations Standard Conditions and Requirements Compliance with Uniform Building Code provisions and standard subdivision engineering requirements, as specified in the city's conditions of approval, will satisfactorily address the hydrology and drainage issues described in this section of the Final Program EIR Mitigation Measures 6-1. Prior to issuance of a grading permit, the applicant shall obtain an NPDES Stormwater Permit from the County of Orange. Applicable BMP provisions shall be incorporated into the NPDES Permit. PUBLIC SERVICES, UTILITIES, AND ENERGY CONSUMPTION Fire and Emergency Medical Services Significant Impact Buildout of the project will contribute to the need for a new fire station/substation, by increasing the number of calls to the service area. According to the Costa Mesa Fire Department, the water system has adequate fire flow. However, until actual building plans are submitted, specific fire flow requirements cannot be determined. Finding Changes or alterations have been required in, or incorporated into, the project, which mitigate or avoid the significant effects on the environment. Facts in Support of Finding The potential significant effect has been eliminated or substantially lessened to a level that is less than significant by inclusion of the following project design features and standard conditions and requirements as identified in the Final Program EIR. Project Design Features A water delivery system designed to provide adequate fire flows to the project site and maintain a roadway system to provide adequate access to and through the site are a part of the design of the project. R/Client/0080/00800014IND.doc January 17, 2001 11 Finc&V South Coast Plaza Tmn C uer EIR - Fzndmgs and Statonort ofOrxTnding Considerations Standard Conditions and Requirements • Concurrent with the issuance of building permits the applicants shall pay the North Costa Mesa Fire Fee in effect at that time, as applicable. • Each final master plan for the project site shall provide sufficient capacity for fire flows required by the Costa Mesa fire Department. • Vehicular access to all fire hydrants must be provided and maintained throughout construction. Police Services Significant Impact The Costa Mesa Police Department has indicated that the SCPTC project may require additional personnel and/or equipment. Additional personnel could include police officer positions and/or support personnel. Finding Changes or alterations have been required in, or incorporated into, the project, which mitigate or avoid the significant effects on the environment. Facts in Support of Finding The potential significant effect has been eliminated or substantially lessened to a level that is less than significant by inclusion of the following standard conditions and requirements and the adoption of mitigation measures as identified in the Final Program EIR. Standard Conditions and Requirements • As final building plans are submitted to the City of Costa Mesa for review and approval, the Police Department shall review all plans for the purposes of ensuring that the proper design features are incorporated into the building plans to increase safety. • Environmental design considerations shall be incorporated into the development and maintenance of the proposed project to deter such criminal activity as burglary and robbery. • All buildings shall be well marked with names and addresses to enhance rapid response, rooftops shall be marked for building identification by police helicopter, and there shall be designated emergency vehicle parking areas close to buildings. H:/Client/0080/00800014.FND.doc January 17, 2001 12 Findings South Gast Plaza Tour Center EIR - Findings and Stata'nou of Owrdxg Camderatiow Mitigation Measures 8-1. Prior to the initiation of grading, a construction security service shall be established at the construction site. Initially, the service shall ensure that no unauthorized entry is made into the construction area. For the duration of each phase of construction, the project applicant shall provide sufficient onsite security personnel on a 24-hour, seven days a week basis, to patrol all areas of construction and prohibit unauthorized entry. 8-2. Private on-site security is to be provided by the project applicant, as the project is developed and operational. Solid Waste Significant Impact The project is expected to generate 6,276 tons of solid waste annually. Finding Changes or alterations have been required in, or incorporated into, the project, which mitigate or avoid the significant effects on the environment. Facts in Support of Finding The potential significant effect has been eliminated or substantially lessened to a level that is less than significant by inclusion of the following project design features as identified in the Final Program EIR. Project Design Features 1. In accordance with the requirements of AB 939, construction contractors shall reuse construction forms where practicable or applicable, attempt to balance soils on the site, minimize over cutting of lumber and polyvinyl chloride (PVC) piping where feasible, and reuse landscape containers to the extent feasible. 2. Recycling bins for glass, metals, paper, wood, plastic, green waste, and cardboard'shall be placed on the construction sites for use by construction workers. 3. In construction specifications and bid packages, require building materials made of recycled materials, to the extent feasible and economically practical. 4. As a part of the ongoing operations of the SCPTC project, the following measures shall be integrated into project design: • Source reduction, source separation and recycling measures shall focus on paper goods, yard waste, plastic, wood waste, and glass; H:/Client/0080/00800014.FND.doc January 17, 2001 13 Finc&rgs South Coast Plaza Town Center EIR - Findings and Staten" of amiding Considerations • "Buy -recycled" policies, such as price references for recycled products; • Source reduction policies; • In-house recycling; • Drop-off sites; • Employee education; • Customer education; and, • Manufacturing design modification to promote source reduction or recycling. Wastewater Significant Impact The project would generate more wastewater flows than were projected by the Orange County Sanitation District for the site. The proposed project would generate approximately 174,000 additional gallons per day of wastewater to be treated. Finding Changes or alterations have been required in, or incorporated into, the project, which mitigate or avoid the significant effects on the environment. Such changes or alteration are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such agency or can and should be adopted by such agency. Facts in Support of Finding The potential significant effect has been eliminated or substantially lessened to a level that is less than significant by inclusion of the following project design features and standard conditions and requirements as identified in the Final Program EIR. Project Design Features • All onsite wastewater sewer lines will be provided and ties to the existing sewer line system. Standard Conditions and Requirements • Prior to the issuance of building permits, a letter shall be obtained from the CMSD and the OCSD verifying that there is sufficient capacity in the receiving trunk lines to serve the proposed project. • Prior to the issuance of connection permits(s), the applicant shall pay all applicable fees. R/Client/0080/00800014IND.doc January 17, 2001 14 Findings South Coast Plaza Tour Center EIR — Fmdmgs and Statanent of OaTndmg Considerations Water Significant Impact The project area is served by a water system that has adequate water pressure and volumes to serve the project site. Improvements to this system would be determined upon submittal of detailed building plans. The proposed project would increase potable water consumption by approximately 43,890 gallons per day. Finding Changes or alterations have been required in, or incorporated into, the project, which mitigate or avoid the significant effects on the environment. Such changes or alteration are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such agency or can and should be adopted by such agency. Facts in Support of Finding The potential significant effect has been eliminated or substantially lessened to a level that is less than significant by inclusion of the following project design features and standard conditions and requirements as identified in the Final Program EIR. Project Design Features • All onsite irrigation lines for recycled water would be identified so as to avoid connection with potable water lines. • Design requirements would be specified to the City for potable and recycled water -plumbing systems within proposed buildings. Standard Conditions and Requirements • Prior to the issuance of an Application Permit the Application Plan Check/Inspection Fee and Performance Guarantee Bond shall be paid by the applicant to the MCWD. • Prior to the approval of plans or the execution of a service agreement, a development impact fee shall be collected by the MCWD from the applicant. Water conservation plans as required by the State of California shall be incorporated into building plans for the project. The measures to be implemented include, but are not limited to: - Low -flow fittings, fixtures, and equipment, including low flush toilets and urinals (Health and Safety Code 17921.3) H:/Client/0080/00800014.FND.doc January 17, 2001 15 FincbV South Coast Plaza Tozen Center EIR — Findmgs and Statanmt of OaTndmg Considerations - Use of self-closing valves for drinking fountains and lavatory faucets in public facilities (Government Code Section 7800) - Insulation of water pipes and water heating systems. (Title 24, California Administrative Code, Section 25352) Use of low flow sprinkler heads in irrigation systems (California Conservation in Landscaping Act, AB 325). AESTHETICS Significant Impact The project allows a 21 -story office building. This exceeds the current height limitation of 16 stories that is designated west of Park Center Drive, as specified in the North Costa Mesa Specific Plan. In addition, glare from sunlight reflected from the proposed office buildings could pose a potentially significant visual impact to motorists traveling northbound and southbound on 1-405. The project is demolishing existing buildings and introducing buildings in an established area; thereby creating the potential for incompatibility with surrounding development. Finding Changes or alterations have been required in, or incorporated into, the project, which mitigate or avoid the significant effects on the environment. Facts in Support of Finding The potential significant effect has been eliminated or substantially lessened to a level that is less than significant by inclusion of the following project design features and standard conditions and requirements as identified in the Final Program EIR. Project Design Features The project incorporates the following design features related to aesthetics and visual resources: • The proposed SCPTC project will incorporate signage, landscaping, and exterior lighting that comply with applicable city requirements. • The size, height, building materials, and orientation of structures associated with the SCPTC project will comply with City requirements. R/Client/0080/00800014IND.doc January 17, 2001 16 FinAV South Caast Plaza Tozen Gmw EIR - Fmdmgs and Statonent of Omndmg Considerations Standard Conditions and Requirements The SCPTC project will be required to comply with Uniform Building Code provisions, standard subdivision engineering requirements, and applicable provisions of the Costa Mesa General Plan and North Costa Mesa Specific Plan (as amended) as specified in the city's conditions of approval. H:/Client/0080/00800014.FND.doc January 17, 2001 17 Findings South Goast Plaza Tozen Center EIR — Fmdmgs and Stawnmt ofOayyzdmg Considerations SIGNIFICANT UNAVOIDABLE ADVERSE IMPACTS The potential significant adverse impacts associated with the implementation of the SCPTC project are listed below. The Costa Mesa City Council finds that these potential significant adverse impacts would be reduced with the implementation of the project -related design features and recommended mitigation measures; however, the impacts cannot be reduced to a level less than significant. The Costa Mesa City Council is, therefore, adopting a Statement of Overriding Consideration per Section 15093 of the CEQA Guidelines. TRANSPORTATION AND CIRCULATION Long -Range Condition Significant Impact As a result of project -related traffic, 10 intersections would be significantly impacted. Of these 10 intersections, impacts at the intersections at Main Street and MacArthur Boulevard and Main Street and Sunflower Avenue, both located in the City of Santa Ana, will operate at Level of Service F under future build -out conditions, with or with out the project; this level of service is significant and unavoidable. Finding Such changes or alteration are within the responsibility and jurisdiction of another public agency and not the agency making the finding. These changes will mitigate the project impacts, however, the two intersections' operations will remain at Level of Service F. Such changes have been adopted by such agency or can and should be adopted by such agency. Specific economic, social, or other considerations make infeasible the project alternatives identified in the Final Program EIR. Facts in Support of Findings Implementation of the following mitigation measures will serve to lessen project impacts in the City of Santa Ana and improve traffic operations; however, the impacts will remain significant as both the intersection at Main Street and MacArthur Boulevard and Main Street and Sunflower Avenue are forecasted to operate at LOS F with or without project improvements. The No Project/No Development Alternative would completely avoid the significant and unavoidable adverse traffic impacts associated with the project, however, both of these intersections will still operate at LOS "F" in 2020 conditions. The No Project and Reduced Intensity would both result in reduced traffic impacts compared to the proposed project while the Alternate Location would result in similar traffic impacts. However, Main Street/MacArthur Boulevard and Main Street/Sunflower Avenue, will still operate at LOS "F". R/Client/0080/00800014IND.doc January 17, 2001 18 Findings South Coast Plaza Tozen Comer EIR — Findings and Statan" ofOrerridmg Considerations 2.3 The project applicants shall pay their respective pro -rata share of the costs of the planned improvements, as identified in Final Program EIR # 1047, at the intersections in the City of Santa Ana listed below. The terms for these payments, including payment calculation and timing, shall be determined by the Director of Development Services, in order to coordinate with the City of Santa Ana. The following intersection improvements are required: a. Main St./MacArthur Blvd. Provide right -turn overlap signal phasing for northbound and southbound right turns. b. Main St./Sunflower Ave.: Convert Yd southbound lane to a right turn lane with overlap phasing. The overriding social, economic, and other considerations set forth in the Statement of Overriding Considerations and in the Findings Regarding Alternatives provide additional facts in support of these findings. Any remaining, unavoidable significant effect after available mitigation is implemented is acceptable when balanced against the facts set forth therein. AIR QUALITY Short -Term Construction -Related Emission Significant Impact Short-term construction -related emissions would result in significant particulate mater (PM10) and nitrogen oxide (NOx) air quality impacts. Finding Such changes or alteration are within the responsibility and jurisdiction of another public agency and not the agency making the finding. These changes will serve to lessen the project impacts, however, the impacts will remain significant. Such changes have been adopted by such agency or can and should be adopted by such agency. Specific economic, social, or other considerations make infeasible the project alternatives identified in the Final Program EIR. Facts in Support of Finding Implementation of the following standard conditions and requirements and project will serve to lessen project impacts; however, the impacts would remain significant. The No Project/No Development Alternative would completely avoid the significant and unavoidable adverse air quality impacts associated HIClient/0080/00800014.FND.doe January 17, 2001 19 Findings South Cazst Plaza Tozen Center EIR - Fuwly s and Stmt of Owmdmg Considerations with short-term construction activities, but would not meet any of the project objectives. The No Project and Reduced Intensity would both result in reduced air quality impacts compared to the proposed project while the Alternate Location would result in similar air quality impact, but none would meet all of the project objectives. Standard Conditions and Requirements All construction contractors shall comply with South Coast Air Quality Management District (SCAQMD) regulations, including Rule 402, the Nuisance Rule, and Rule 403, Fugitive Dust. Prior to the issuance of a grading permit where grading permit will occur on more than 50 acres at one time (not expected for the SCPTC project), the applicant shall submit a grading plan or grading contingency plan to the SCAQMD in accordance with Rule 403. All grading (regardless of size) shall apply best available control measures for fugitive dust in accordance with Rule 403. To ensure that the project is in full compliance with applicable SCAQMD dust regulations and that there is no nuisance impact off the site, the contractor will implement each of the following: a. Develop a project grading plan or contingency plan and submit the plan to the SCAQMD consistent with the provisions of Rule 403. (Note: only applicable where more than 50 acres are graded). b. Moisten soil not more than 15 minutes prior to moving soil or conduct whatever watering is necessary to prevent visible dust emissions from exceeding 100 feet in any direction. C. Apply chemical stabilizers to disturbed surface areas (completed grading areas) within five days of completing grading or apply dust suppressants or vegetation sufficient to maintain a stabilized surface. d. Water excavated soil piles hourly or cover with temporary coverings. Water exposed surfaces at least twice a day under calm conditions. Water as often as needed on windy days when winds are less than 25 miles per day or during very dry weather in order to maintain a surface crust and prevent the release of visible emissions from the construction sites. f. Wash mud -covered tires and under -carriages of trucks leaving construction sites. g. Provide for street sweeping, as needed, on adjacent roadways to remove dirt dropped by construction vehicles or mud, which would otherwise be carried off by trucks departing project sites. h. Securely cover loads with a tight fitting tarp on any truck leaving the construction sites to dispose of debris. Cease grading during periods when winds exceed 25 miles per hour. The overriding social, economic, and other considerations set forth in the Statement of Overriding Considerations and in the Findings Regarding Alternatives provide additional facts in support of these H:/Client/0080/00800014.FND.doc January 17, 2001 20 Findings South Coast Plaza Tozm Center EIR — Fmdmgs and Staowu of Om-ndmg Considerations findings. Any remaining, unavoidable significant effect after available mitigation is implemented is acceptable when balanced against the facts set forth therein. Long -Term Regional Air QualitX Significant Impact Operational -related emissions would result in significant carbon monoxide (CO), reactive organic gas (ROG), and nitrogen oxide (NOx) air quality impacts Finding Such changes or alteration are within the responsibility and jurisdiction of another public agency and not the agency making the finding. These changes will serve to lessen the project impacts, however, the impacts will remain significant. Such changes have been adopted by such agency or can and should be adopted by such agency. Specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the Final Program EIR. Facts in Support of Finding Implementation of the following standard conditions and requirements and project will serve to lessen project impacts; however, the impacts would remain significant. The No Project/No Development Alternative would completely avoid the significant and unavoidable adverse air quality impacts associated with long-term operational activities, but would not meet any of the project objectives. The No Project and Reduced Intensity would both result in reduced air quality impacts compared to the proposed project while the Alternate Location would result in similar air quality impacts. None of the alternatives would meet all of the project objectives. Standard Conditions and Requirements To reduce emissions from project -related vehicle trips, the project applicant shall adhere to the City of Costa Mesa Municipal Code §13-880 through 13-888 (Transportation Demand Management) and the South Coast Air Quality Management District Regulation XV to reduce vehicle traveled to the maximum extent feasible. The code includes measures such as: • Preferential parking for carpool vehicles; • Bicycle parking and shower facilities; • Information provided to employees on transportation alternatives; R/Client/0080/00800014YND.doe January 17, 2001 21 Findings South Coast Plaza Tozen Center EIR - Fincivzgs and Statanmt of Ownchng Considerations • Rideshare vehicle loading areas; • Vanpool vehicle accessibility; and 0 Bus stop improvements. To reduce emissions from the power plant providing electricity to the site, prior to the issuance of building permits, the project applicant shall demonstrate to the satisfaction of the City of Costa Mesa Building Safety Division that the project shall adhere to Title 24 of the California Code, which requires new development to use energy efficient electrical and mechanical systems. The overriding social, economic, and other considerations set forth in the Statement of Overriding Considerations and in the Findings Regarding Alternatives provide additional facts in support of these findings. Any remaining, unavoidable significant effect after available mitigation is implemented is acceptable when balanced against the facts set forth therein. POPULATION, EMPLOYMENT, AND.HOUSING Si;Anificant Impact The SCPTC project would result in an increase in employment in excess of local and regional growth projections. Considering that the projected growth in employment from the project and in the local area will occur at a faster pace than housing development, there is a the potential for a significant impact to housing availability in the area. Finding Specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the Final Program EIR. Facts in Support of Finding There is no feasible project specific mitigation to reduce this impact to a less than significant level. The No Project/No Development Alternative would completely avoid the significant and unavoidable adverse housing impacts, but would not meet any of the project objectives. The No Project and Reduced Intensity would both result in reduced housing impacts compared to the proposed project while the Alternate Location would result in similar housing impacts. None of the alternatives would meet many of the project objectives. The overriding social, economic, and other considerations set forth in the Statement of Overriding Considerations and in the Findings Regarding Alternatives provide additional facts in support of these H:/Client/0080/00800014.FND.doc January 17, 2001 22 Findings South Coast Plaza Town Center EIR - Findings and Statanmt of Oamdmg Considerations findings. Any remaining, unavoidable significant effect after available mitigation is implemented is acceptable when balanced against the facts set forth therein. H:/Client/0080/00800014.FND.doc January 17, 2001 23 Findings South Coast Plaza Tour Center EIR - Fmdmgs and Staten" of OM7idmg Camderatiom 3.0 FINDINGS REGARDING PROJECT ALTERNATIVES NO PROJECT ALTERNATIVE/GENERAL PLAN BUILDOUT The proposed "No Project Alternative" assumes development of the site with land uses permitted under the Urban Center Commercial designations. This includes total development of the site with approximately 2,713,750 square feet of office; 5,140 square feet of retail; 80,130 square feet of restaurant; 590 hotel rooms; 1,862 seats of movie theater, 7,308 seats of performance theater; and 140,000 square feet of museum uses. This project alternative would not require amendments to the City's General Plan or North Costa Mesa Specific Plan with respect to land use. A General Plan Land Use Element amendment and the other related amendment (e.g., Circulation Element) would not be required under this alternative for the project site. Implementation of this alternative would occur consistent with the vehicular trip budget established for the SCPTC site in the 1990 Costa Mesa General Plan and North Costa Mesa Specific Plan. No modifications to height restrictions for the project site are assumed. The City hereby finds that specific economic, social or other considerations make this alternative infeasible for the following reasons: 1. The "No Project Alternative" would reduce some of the project specific impacts, but would not address the objectives of the proposed project as described in Section 3.3 of the Final Program EIR. 2. Implementation of this alternative would not preclude development of the approximate 54 -acre project site. 3. With this alternative, the City may not be able to realize all of the cultural arts benefits of the project, increase the size and make permanent the existing open space easement, or provide for or guarantee the maintenance and public accessibility of the Noguchi California Scenario Outdoor Sculpture Garden for an extended period of time. 4. This alternative would not result in the creation of 2,324 new jobs within the City. 5. This alternative does not resolve the existing nonconformity issues in respect to the floor area ratio. 6. The Findings of the Proposed Project set forth in this document and the overriding social, economic and other issues set forth in the Statement of Overriding Considerations provide support for the Proposed Project and the elimination of this alternative from further consideration. R/Client/0080/00800014YND.doc January 17, 2001 24 Findings South Caast Plaza Tozen Center EIR — Findings and Statanmt of Owrdmg Gmnderatzons NO PROJECT/NO BUILD ALTERNATIVE — RETENTION OF SITE IN EXISTING CONDITIONS The "No Project/No Build Alternative" assumes that the SCPTC project site would remain in its existing condition which includes 2,058,750 square feet of office; 5,140 square feet of retail; 80,130 square feet of restaurant; 404 hotel rooms; 3,562 seats of movie theater; and 3,668 seats of performance theater uses. The existing mixed-use development would remain, in addition to the approximately 5 -acre vacant parcel. This alternative does not require any of the discretionary actions that would be needed to approve the proposed project (i.e., General Plan and Specific Plan amendments, Master Plan amendments, street vacations, etc.). The City hereby finds that specific economic, social or other considerations make this alternative infeasible for the following reasons: 1. The "No Project/No Build Alternative" would avoid project specific impacts, but would not address the objectives of the proposed project as described in Section 3.3 of the Final Program EIR. 2. Implementation of this alternative would not preclude development of the 186 -room hotel (186,000 square feet) and the Orange County Performing Arts Expansion (1,000 seats). 3. With this alternative, the City would not be able to construct all of the cultural arts benefits of the project, increase the size and make permanent the existing open space easement, or guarantee or provide for the maintenance and accessibility of the Noguchi California Scenario Outdoor Sculpture Garden for an extended period of time. 4. This alternative would not result in the creation of 2,324 new jobs within the City. 5. This alternative does not resolve the existing nonconformity issues in respect to the floor area ratio. 6. The Findings of the Proposed Project set forth in this document and the overriding social, economic and other issues set forth in the Statement of Overriding Considerations provide support for the Proposed Project and the elimination of this alternative from further consideration. REDUCED INTENSITY ALTERNATIVE The "Reduced Intensity Alternative" would implement the proposed SCPTC project with the same land uses proposed as part of the project, but at reduced development intensity. More specifically, the Reduced Intensity Alternative assumes an overall decrease in 30 percent of office uses in the Two Town H:/Client/0080/00800014.FND.doc January 17, 2001 25 Findings South Co" Plaza Town Center EIR — Findings and Statan" of aM7ding Considerations Center and Balance of Town Center components (15% each) of the SCPTC proposed project. This reduction would result in the development of 458,500 square feet of office space compared to 655,000 square feet under the proposed project. The proposed elements of the Segerstrom Center for the Arts (SCA) project component will remain the same as under the proposed project. This would allow for total buildout of the project site with 2,517,250 square feet of office; 5,140 square feet of retail; 81,300 square feet of restaurant; 590 hotel rooms; 1,862 seats of movie theater; 7,300 seats of performance theater, and 140,000 square feet of museum uses. The mix of land uses considered as part of the project would be retained and would use the same planning area boundaries developed for the proposed project. The City hereby findings that specific economic, social or other considerations make this alternative infeasible for the following reasons: 1. The "Reduced Intensity Alternative" would reduce some of the project specific impacts, but would not address the objectives of the proposed project as described in Section 3.3 of the Final Program EIR. 2. Implementation of this alternative would not preclude development of the approximate 54 -acre project site. 3. With this alternative, the City may not be able to improve visibility of, or guarantee public accessibility to the Noguchi California Scenario Outdoor Sculpture Garden for an extended period of time. 4. This alternative would result in the creation of 1,734 full time jobs within the City, rather than 2,324 new jobs under the project. 5. This alternative would not meet the design and planning objectives of the Town Center area for the southeast corners of Bristol Street/Sunflower Avenue and Park Center Drive/Anton Boulevard. 7. The Findings of the Proposed Project set forth in this document and the overriding social, economic and other issues set forth in the Statement of Overriding Considerations provide support for the Proposed Project and the elimination of this alternative from further consideration. R/Client/0080/00800014IND.doc January 17, 2001 26 Findings South Caw Plaza Town Center EIR — Findings and Swan" ofavid ng Considerations ALTERNATIVE LOCATION The City of Costa Mesa has identified one location in the City, Sakioka Lot 2, where a SCPTC project could be implemented. As depicted on Exhibit 6-1 in Final Program EIR #1047, Saldoka Lot 2 is bound to the north by Sunflower Avenue, to the southeast and east by the Costa Mesa Freeway (SR -55), to the southwest by South Coast Metro Center, and to the west by Anton Boulevard and Sakioka Lot 1. Sakioka Lot 2 is approximately 33 acres and is designated for Urban Center Commercial uses. Lot 2 is in agricultural production, and contains two single-family residences located along Sunflower Avenue. The existing General Plan and zoning designations for Lot 2 would allow for the development of up to 863,000 square feet of office and retail uses. The North Costa Mesa Specific Plan anticipated that Lot 2 would be developed with mid -rise to high-rise office buildings and support commercial uses. Because the site's zoning permits residential development, if Lot 2 were developed as a mixed-use project with residential development, a maximum of 660 residential units could be constructed on the site. Implementation of this alternative assumes that the cultural arts uses (SCR theater and OCPAC expansion, symphony hall, and art museum/academy uses) would still be developed within the SCPTC portion of the project. However, it is assumed that the office and restaurant/retail uses associated with Two Town Center and office uses and previously entitled hotel associated with the Balance of Town Center component of the SCPTC project would be developed on the 33 -acre Sakioka Lot 2. Implementation of the proposed SCPTC development on Sakioka Lot 2 would not require a General Plan amendment to change the land use designation from Urban Center Commercial to the proposed Cultural Arts Center designation. Similarly, Lot 2 would not require a rezone from PDC (Planned Development Commercial), to Town Center District (TC). Maximum building heights and a vehicular trip budget would need to be established. Consequently, retaining the existing development restrictions for Lot 2 under the proposed project, this alternative site would allow the development of office land uses identified for the SCPTC project. The City hereby finds that specific economic, social or other considerations make this alternative infeasible for the following reasons: 1. The "Alternative Location" would reduce some of the project specific impacts, but would not address the objectives of the proposed project as described in Section 3.3 of the Final Program EIR. 2. Implementation of this alternative would not preclude development of the approximate 54 -acre project site. 3. With this alternative, the City may not be able to improve visibility of, or guarantee public accessibility to the Noguchi California Scenario Outdoor Sculpture Garden for an extended period of time. K/Client/0080/00800014YND.doc January 17, 2001 27 Findings South Coast Plaza Tozen Center EIR - Fvxbr gs and Siatanazt of Oa"dmg Considerations 3. This alternative would not be feasible, inasmuch as it would require agreement from other landowners to provide development rights, which is beyond the control of the project applicant. 4. The Findings of the Proposed Project set forth in this document and the overriding social, economic and other issues set forth in the Statement of Overriding Considerations provide support for the Proposed Project and the elimination of this alternative from further consideration. H:/C1ient/0080/00800014.FND.doc January 17, 2001 28 Findings South Coast Plaza Tozen Center EIR - Findings and Statonmt ofOzt nchng Considerations 4.0 STATEMENT OF OVERRIDING CONSIDERATIONS The California Environmental Quality Act (CEQA) requires the lead agency to balance the benefits of a proposed project against its unavoidable environmental risks in determining whether to approve the project. The City of Costa Mesa proposes to approve the SCPTC project although unavoidable adverse traffic, air quality, and housing demand impacts have been identified in the Final Program EIR. Even though these adverse impacts are not reduced to a level considered less than significant, the Costa Mesa City Council finds that those impacts are outweighed by the benefits of the SCPTC project. Further, the alternatives that were identified in the Final Program EIR would not provide the project benefits, as summarized below, to the same extent as the proposed project: 1. The project will promote and enhance the City of Costa Mesa's image of the "City of the Arts", by creating new venues in the performing arts complex that will rival centers in New York, Washington D.C., Los Angeles, and Denver. Similarly, upon the completion of the new symphony hall, two of the ten best orchestral performance venues in the world will exist in the City of Costa Mesa. 2. Direct cultural benefits to the City of Costa Mesa have occurred from two recent donations by C.J. Segerstrom and Sons/South Coast Plaza: the grant of a six -acre parcel to the Orange County Performing Arts Center, and the personal commitment of Henry Segerstrom to contribute $40 million to the design and construction of a new symphony hall on that land. These gifts allow the following: 0 Expansion of South Coast Repertory Theater; • Construction of a 2,500 -seat symphony hall; • Creation of a third arts -related venue at some time in the future, with the site improved as a public park until that construction occurs; and 0 Creation of exterior plazas, promenades, and assembly areas associated with the both South Coast Repertory theater and the new symphony hall; 3. The project shall provide for the preservation, maintenance, and public accessibility of the Noguchi California Scenario Sculpture Garden in accordance with its existing configurations and function, commencing immediately and continuing for the useful life of the existing office buildings adjacent to the garden. In addition, through the redesigned architecture of the new office building proposed for the southeast corner of Anton Boulevard and Park Center Drive, the visibility of the garden from the street and public access to the garden will be improved. 4. The existing open space easement will be increased in size and made permanent instead of temporary. 5. The project applicants shall create and implement a Theater and Arts District Plan. This plan shall address landscaping, surface treatment of pedestrian areas, street paving, individual sculptures placed temporarily or permanently for the enjoyment of the public, benches, lighting standards, and banner mounting poles, and other street furniture. Entry and monument signs, H:/C1ient/0080/00800014.FND.doc January 17, 2001 29 Statement ofOmrldingCawderatums South Coast Plaza Tozen Center EIR — Findings and Statawa ofOzymi ing Camderamm display banners, and other signs identifying the Theatre and Arts District shall prominently include the name of the City. The project applicants shall cooperate in funding mechanisms for the thematic improvements in the public rights-of-way throughout SCPTC. 6. The property owner of Two Town Center shall commit to the direct construction of new project improvements in Two Town Center on public art to be incorporated into the project area. This public art will be created by an artist or artists selected by the property owner of Two Town Center. 7. The property owner of Two Town Center shall commit to the installation of enhance site improvements in Two Town Center. These improvements include site markers, special paving, enhanced perimeter improvements, Park Center Drive enhancements, additional or enhanced landscaping at the project perimeter and/or adjacent to the freeway, new signage and common area lighting and similar improvements designed to enhance the image, reputation and/or aesthetic appeal of the project and the Cultural Arts District. 8. The property owner of Two Town Center has donated land (valued at $1,100,000) at the request of the City to accommodate the construction of the Avenue of the Arts freeway off ramp. 9. The project applicants shall develop a comprehensive parking plan that addresses the needs of the entire project area. Persons who are residents of the City of Costa Mesa attending a cultural arts venue during evenings (after 6 p.m.) or on weekends shall be provided a discount of fifty percent (50%) off the price for parking otherwise applicable to the general public attending cultural arts events in South Coast Plaza Town Center Therefore, the Costa Mesa City Council, having reviewed and considered the information contained in the Final Program EIR and the public record, adopts the Statement of Overriding Considerations that has been balanced against the unavoidable adverse impacts in reaching a decision on this project. R/Client/0080/008000141ND.doc January 17, 2001 30 Statema2tofOr mdzngCamderations