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HomeMy WebLinkAbout04-09 - 1901 Newport Plaza Residences Project, Commercial Center Land Use DesignationRESOLUTION NO. 04-09 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA APPROVING GENERAL PLAN AMENDMENT GP -02-04, ESTABLISHING A SITE-SPECIFIC FLOOR AREA RATIO, SITE-SPECIFIC RESIDENTIAL DENSITY, AND SITE-SPECIFIC PARKING STRUCTURE HEIGHT LIMITATION FOR THE 1901 NEWPORT PLAZA RESIDENCES PROJECT LOCATED AT 1901 NEWPORT BOULEVARD IN THE COMMERCIAL CENTER LAND USE DESIGNATION. THE CITY COUNCIL OF THE CITY OF COSTA MESA CITY COUNCIL DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, the City Council of the City of Costa Mesa adopted the 2000 General Plan on January 22; 2002; and WHEREAS, the General Plan is a long-range, comprehensive document that serves as a guide for the orderly development of Costa Mesa; and WHEREAS, by its very nature, the General Plan needs to be updated and refined to account for current and future community needs; and WHEREAS, an application was filed by David Eadie of Rutter Development Corporation, authorized agent for property owner, Kennedy/Rutter Development, with respect to the real property located at 1901 Newport Boulevard in the Commercial Center land use designation, for the proposed construction of 145 residential condominiums, a five -level parking structure, a two-level subterranean parking structure (415 residential parking spaces/448 commercial parking spaces) and associated amenities (e.g. swimming pool area, community meeting rooms); and WHEREAS, the applicant is requesting General Plan Amendment GP -02- 04 for the following: (a) a site-specific floor area ratio of 0.70 for the commercial component; (b) a site-specific density of 40 du/ac for the residential component; and (c) a site-specific building height limitation of five stories (50 feet) for a five - level parking structure for the 1901 Newport Boulevard Plaza Residences project; and WHEREAS, the project has been reviewed for compliance with the California Environmental Quality Act (CEQA), the CEQA Guidelines, and the City environmental procedures, and Final Environmental Impact Report (EIR) No. 1050 (SCH No. 2002061128) was prepared and available for public review from December 2, 2002 through January 24, 2003; and WHEREAS, duly noticed public hearings were held by the Planning Commission on December 9, 2002, January 13, 2003, and February 24, 2003 and on April 14, May 5, May 19, June 2, 2003 and January 20, 2004 and by the City Council to allow for public comment on the proposed project and Final EIR and with all persons having been given the opportunity to be heard both for and against the proposed Final Master Plan (PA -02-11); and WHEREAS, the Planning Commission recommended that City Council approve General Plan Amendment GP -02-04 and adopt the Statements of Facts/Findings and Overriding Considerations, by adoption of Resolution No. PC - 03 -15; and WHEREAS, the City Council certified Final Program EIR No. 1050 by adoption of a separate resolution; and 2 WHEREAS, on April 14, 2003, the City Council adopted Resolution No. 03-20 approving General Plan Amendment GP -02-04, but that on June 2, 2003, the City Council granted an application for rehearing the decision adopting that resolution and therefore, this Resolution No. 04-9 replaces Resolution No. 03-20. NOW THEREFORE, BE IT RESOLVED that, based on the evidence in the record, the Costa Mesa City Council does hereby approve General Plan Amendment GP -02-04, which amends the text and tables of the 2000 General Plan, for the following: (a) a site-specific FAR of 0.70 for the commercial component; (b) a site-specific density of 40 du/ac for the residential component; and (c) a site-specific building height limitation of five stories for a five -level parking structure (50 feet) for the 1901 Newport Boulevard Plaza Residences project, as set forth in Exhibit "A" attached to this resolution; H H H H H H 3 BE IT FURTHER RESOLVED that the City Council has also considered and finds 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 Statement (Exhibit "B") of Overriding Considerations (Exhibit °C°), as attached to this resolution. PASSED AND ADOPTED this 20th day of January, 2004. Mayor of the ity of Costa Mesa ATTEST: - Q��D Deputy ity Clerk of the City of Costa Mesa APPROVED AS TO FORM: f Acting -City Attorney 4 STATE OF CALIFORNIA) COUNTY OF ORANGE ) ss CITY OF COSTA MESA) I, Julie Folcik, Deputy City Clerk and ex -officio Clerk of the City Council of the City of Costa Mesa, hereby certifies that the above foregoing Resolution No. 04-9 was duly and regularly passed and adopted by said City Council at a regular meeting thereof held on the 20th day of January, 2004, by the following roll call vote: AYES: Monahan, Cowan, Scheafer NOES: Mansoor, Steel ABSENT: None IN WITNESS WHEREOF, I have hereby set my hand and affixed the Seal of the City of Costa Mesa this 22nd day of January, 2004. Deputy ity Clerk and ex -officio Clerk of the City Council of the City of Costa Mesa 5 Exhibit "A" Costa Mesa 2000 General Plan Amended Text and Tables TABLE LU -1: LAND USE DESIGNATIONS (2001) Land Use Residential Acres Acres Density Developed Same as 2,168.3 1.8 Low -Density <8 2,170.1 26.8% Residential Neighborhood Commercial Medium -Density Residential' <12 Same as Neighborhood Commercial 790.8 25.7 816.5 10.1% High -Density 2 <-20 Same as 836.3 42.0 878.3 ° 10.8/° Residential' Neighborhood Commercial Commercial- 0.20/High Traffic Residential <17.4 - 0.30/Moderate Traffic 42.6 0.9 43.5 0.5% 0.40/Low Traffic 0.15/High Traffic Neighborhood_ 0.25/Moderate Traffic 41.4 2'.5 43.9 0.5% Commercial 0.35/Low Traffic 0.75/Very Low Traffic 0.20/High Traffic General<20 0.30/Moderate Traffic 614.4 20.4 634.8 7.8% Commercial 0.40 Low Traffic 0.75/Very Low Traffic <20 0.25/High Traffic 0.35/Moderate Traffic Commercial Center - 0.45 Low Traffic 29.4 63.3 92.7 1.2% 0.75/Very Low Trafficy� Regional Commercial <20 - 0.652/0.89" 114.7 0.0 114.7 1.4% 0.50 Retail Urban Center X20 0.60 Office 134.2 26.2 160.4 2.0% Commercial 0.79 Site -Specific FAR for So.Coast Metro Centers Cultural Arts Center - 1.77 49.0 5.0 54.0 0.7% 0.20/High Traffic Industrial Park <20 0.30/Moderate Traffic 696.5 17.7 714.2 8.8% - 0.40/Low Traffic 0.75/Very Low Traffic 0.15/High Traffic Light Industry <20 0.25/Moderate Traffic 376.5 6.6 383.1 4.8% - 0.35/Low Traffic 0.75Nery Low Traffic Public/ Institutional - 0.25 1,286.3 0.5 1,286.8 15.9% Golf Course - <0.01 560.1 0.0 560.1 6.9% Farounds irg - <0.10 146.4 0.0 146.4 1.8% Total 7,886.9 212.6 8,099.5 100.0% 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. 2 See High -Density Residential text regarding an area in North Costa Mesa where the density allowance is 25 to 35 DU/acre. WE Cod, I 4See Regional Commercial text. 5See Urban Center Commercial text. PAGE LU -4 + LAND USE ELEMENT Complementary commercial uses within this designation may be allowed in planned development projects provided that the commercial uses will have Floor Area Ratios that are the same as the Neighborhood Commercial land use designation. Major High -Density neighborhoods are clustered around Orange Coast College; along Mesa Verde Drive East; between Adams and Harbor; around Vanguard University; in the northeast portion of the South Coast Metro area; in the Downtown Redevelopment area; and the southeast portion of the City. Compatible zoning districts include R2 -MD, R2 -HD, R3, PDR -HD, PDR -NCM and I&R, and I&R-S. COMMERCIAL Seven commercial land use designations are applied throughout the City. These designations vary in location and intensity in order to accommodate the full range of commercial activity present in Costa Mesa. Development "intensity" potential is measured/prescribed using Floor Area Ratios in relation to the amount of traffic expected. Employment generation for commercial uses varies dependent upon the specific use within the commercial designations. Population density standards range from 1 employee/300 square feet for office uses to 1 employee/500 square feet for retail shopping center uses. Employment generation rates for a variety of commercial uses are provided in Table LU -5. Commercial Designations Graduated floor area ratio standards divide commercial uses into four broad categories based upon their traffic generation characteristics. The following table and text lists and describes these standards. TABLE LU -4 COMMERCIAL BUILDING INTENSITY STANDARDS Low Traffic DesignationLand Use ModerateVery Commercial —Residential NA 0.40 0.30 0.20 Neighborhood Commercial 0.75 0.35 0.25 0.15 General Commercial 0.75 0.40 0.30 0.20 Commercial CenteO 0.75 0.45 .351 0.25 Regional Commercial a. a. a. a. Urban Center Commercial b. b. b. b. Cultural Arts Center C. C. C. C. Notes: a. 0.652/0.89 FAR. Refer to Regional Commercial discussion. b. 0.50 FAR for Retail, 0.60 FAR for Office, 0.79 FAR for S.C. Metro Center. Refer to Urban Center Commercial discussion. c. 1.77 FAR. Refer to Cultural Arts Center discussion. d.7n_:. � ecitU :. The Very -Low Traffic category allows commercial uses with daily trip generation rates of less than 3 trip ends per 1,000 square -feet of floor area. Allowable uses under this standard include mini -warehouse developments. PAGE LU -26 + LAND USE ELEMENT Facilities that transfer, store, or dispose of hazardous wastes that are generated 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. General Commercial developments are mainly located along major arterials such as Harbor Boulevard, East 17th Street and Bristol Street south of the 1-405 and SR -55. Compatible zoning districts include CL, C1, C1 -S, C2, PDC, AP, and P. Commercial Center The Commercial Center designation is intended for large areas with a concentration of diverse or intense commercial uses serving local and regional needs. Appropriate uses include a wide variety and scale of retail stores, professional offices, restaurants, hotels and theaters. Intense service uses, such as automobile repair and service, should be discouraged. Because of the large service area, direct access to major transportation corridors is essential. Development within this designation is intended for a variety of intensities ranging from one- to four-story buildings. The allowable floor area ratios are 0.25 for high traffic generating uses, 0.35 for moderate traffic generating uses, 0.45 for low traffic generating uses, and 0.75 for very -low traffic generating uses. In conjunction with approval of Home Ranch Alternative A, a site-specific FAR of 0.41 was established for the 17.2 -acre IKEA site. (IKEA is a large retail/warehouse use.) This property is located at the southeast corner of South Coast Drive and Harbor Boulevard. A trip budget of 43 AM peak hour trips and 431 PM peak hour trips was also adopted for the IKEA site. A maximum allowable FAR of 0.40 for office uses was also established for the remaining 45.4 acres located south of South Coast Drive. The combined trip budget for this site and the 14.5 -acre Industrial Park parcel located to the north of South Coast Drive is 1,593 AM peak hour trips and 1,569 PM peak hour trips. The North Costa Mesa Specific Plan provides more FAR, building height, and trip budget information for Segerstrom Home Ranch (Area 1). Anticipated population density for the standard mix of uses in the Commercial Center designation would be 45 employees per acre. A development that consisted of office use only would require up to 66 employees per acre. Residency hotels such as single room occupancy (SRO) hotels may be located in the Commercial Center district. These hotels would have resident populations of up to 131 persons per acre. Again, these estimates are generalized and should be more refined as specific development proposals are approved. Institutional uses are also appropriate in this commercial designation provided that land use compatibility and traffic issues have been addressed. Institutional uses require discretionary approval. As complementary uses, residential and other noncommercial uses may be allowed through the Planned Development process. Residential densities in planned development projects should not exceed 20 dwelling units per acre. The corresponding population densitv ranqe is up to 50 persons per acre. IM PAGE LU -30 + LAND USE ELEMENT .:sNPhkq�iwllP r Costa Mesa General f lan Facilities that transfer, store, or dispose of hazardous wastes that are generated 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. The Commercial Center designation is applied to major developments in the Downtown Redevelopment Area and is centered around the intersection of Harbor Boulevard and 19th Street. These developments include Triangle Square, M3' M `° Plaza, the Costa Mesa Courtyards, and Border's Books. Compatible zoning districts include C1, C2, C1 -S, PDC, AP, and P. Regional Commercial The Regional Commercial designation is intended to apply to large concentrated shopping centers of regional scale and importance. The intended uses within this designation include major department stores, specialty retail outlets, restaurants, offices, hotel and other complementary uses. Application of the Regional Commercial designation is limited to the existing South Coast Plaza sites. This includes the original 97 -acre site between Bristol and Bear Street and the additional 18 -acre site located west of Bear Street. This designation and locational criteria recognizes the evolution of South Coast Plaza as a regionally significant retail trade center served by major regional transportation facilities and services. Population density standards for this designation are projected to be up to 53 employees per acre. The Costa Mesa 2000 General Plan Traffic Model assigns a trip budget for the original South Coast Plaza site of 1,166 AM peak hour trips and 5,036 PM peak hour trips. The trip budget for the site west of Bear Street is 293 AM peak hour trips and 1,264 PM peak hour trips (see Table LU -6). TABLE LU -6: TRIP BUDGETS FOR SOUTH COAST PLAZA Development within this designation is largely characterized by multi -story commercial uses and parking structures. The maximum allowable floor area ratio for the portion of South Coast Plaza west of Bear Street site shall be 0.89 (690,350 sq.ft.) The maximum floor area ratio for the original South Coast Plaza site east of Bear Street is 0.652 (2,750,000 sq.ft.). Future expansion or redevelopment of the South Coast Plaza site is also governed by the trip budgets stated above. LAND USE ELEMENT + PAGE LU -31 General Plan Designation Description/Discussion Consistent Zoning Gross Acres Land Use Dwelling Units Dwelling Major shopping, service, and office facilities designed to serve CL, C1, C2, C1 -S, PDC, AP, Commercial Center citywide and regional markets _ __ _ P Regional Commercial Center Large concentrated shopping centers of a regional scale. PDC Urban Center Intensely -developed mixed commercial including offices, retail PDC Commercial shops, restaurants and hotels. 2 Includes Low -Density Residential General Plan land use designation. Cultural Arts Center Intensely -developed mix of commercial, office, and cultural arts TC uses. Industrial Light Industrial Manufacturing, distribution, and service industries located MG, PDI, CL on small sites. Industrial Park Planned, large site research, manufacturing, office, and MP, PDI, CL industrial development. Golf Course Public and private golf and country club. AR Public?Institutional Government offices, hospitals, educational institutions, I&R, I&R-S cemeteries, parks, and other public facilities. Fairgrounds Orange County Fairgrounds and Exposition Center. I&R Table LU -10, General Plan Residential Land Use 2020, and Table LU -11, General Plan Non -Residential Land Use 2020, presents data regarding Costa Mesa's growth by land use category for the year 2020 planning horizon. TABLE LU -10 GENERAL PLAN RESIDENTIAL LAND USE 20201 Residential trr Existing 2020 Gross Acres Land Use Dwelling Units Dwelling Single-Familyz 2,167 19,122 19,576 Multi-Family3 1,842 21,455 22,893 Total 4,009 40,577 42,469 Notes: ' Based upon OCP -2000 projections, Center for Demographic Research, California State University, Fullerton. 2 Includes Low -Density Residential General Plan land use designation. ' Includes Medium -Density, High -Density, and Commercial -Residential General Plan land use designations. PAGE LU -40 - LAND USE ELEMENT LU -1A.2 Consider the effects of new employment, particularly in relation to housing impacts, when new commercial or industrial development is proposed. LU -1A.3 Locate high-intensity developments or high traffic generating uses away from low-density residential in order to buffer the more sensitive land uses from the potentially adverse impacts of the more intense development or uses. LLIAAA Strongly encourage the development of low-density residential uses and owner -occupied housing where feasible to improve the balance between rental and ownership housing opportunities. LU -1A.5 Provide housing and employment opportunities within planned development areas to the extent feasible. LU -1A.6 Aggressively pursue methods to discourage the development of multiple units on long, narrow, single parcels. Possible methods could include a lot combination zoning incentive or the creation of new lower density zoning to be applied to lots with less than a certain minimum frontage. Objective LU -1B. Ensure the long term productivity and viability of the community's economic base. LU -1B.1 Permit adequate quantities and locations of commercial land to serve residential neighborhoods. Objective LU -1 C. Promote land use patterns and development which contribute to community and neighborhood identity. LU -1C.1 Permit the construction of buildings over two stories or 30 feet only when it can be shown that the construction of such structures will not adversely impact surrounding developments and deprive existing land uses of adequate light, air, privacy, and solar access. LLIAC.2 Limit building height to four stories above grade south of the 1- 405 Freeway, except for special pur ose housin such as elderl , affordable, or student housin LU -1C.3 Prohibit construction of buildings which would present a hazard to air navigation as determined by the FAA or independent studies by qualified private consultants that have been certified by the FAA. LU -1C.4 Require building setbacks, structure orientation, and the placement of windows to consider the privacy of adjacent residential structures within the same project and on adjacent properties. LU -1C.5 Develop incentives for lot combination, or disincentives for development without lot combination. Consider policies such as zoning designations which fall between zones, or development standards which tie density to lot width as well as area. PAGE LU -42 • LAND USE ELEMENT Exhibit "B" Statement of Facts and Findings Plaza Residences Final EIR-1050 Findings of Fac[ FINDINGS OF FACT IN SUPPORT OF FINDINGS FOR SIGNIFICANT ENVIRONMENTAL EFFECTS OF THE PLAZA RESIDENCES PROJECT 1.0 INTRODUCTION The California Environmental Quality Act (CEQA) Guidelines Section 15091 provide that: "No public agency shall approve or carry out a project for which an EIR has been certified which identifies one or more significant environmental effects of the project unless the public agency makes one or more written findings for each of those significant effects, accompanied by a brief explanation of the rationale for each finding. The possible findings are: (1) Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. (2) Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. (3) Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the Final EIR." CEQA Guidelines Section 15093 requires that "...the decision-making agency to balance, as applicable, the economic, legal, social, technological, or other benefits of a proposed project against its unavoidable environmental risks when determining whether to approve the project. If the specific economic, legal, social, technological, or other benefits of a proposed project outweigh the unavoidable adverse environmental effects, the adverse environmental effects may be considered `acceptable..... When the lead agency approves a project which will result in the occurrence of significant effects which are identified in the Final EIR but are not avoided or substantially lessened, the agency shall state in writing the specific reasons to support its action based on the Final EIR and/or other information in the record. The statement of overriding considerations shall be supported by substantial evidence in the record." The City of Costa Mesa has prepared Final Environmental Impact Report (EIR) No. 1050 for the Plaza Residences project in accordance with CEQA and CEQA Guidelines requirements, and the City of Costa Mesa environmental guidelines. The Final EIR was subject to review, and the Costa Mesa City Council certified the following: . The Final EIR has been completed in compliance with CEQA; and The Final EIR was presented to the City Council and the Council reviewed and considered the information in the Final EIR prior to taking action on the Plaza Residences project. Because the Plaza Residences Final EIR No. 1050 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 Plaza 4- Plaza Residences Final EIR-1050 Findings of Fact Residences project and related applications. Standard Conditions and Requirements for the proposed project are described in this Statement of Facts and Findings. Exhibit "B" of the project approval resolution provides specific conditions of approval. 2.0 PLAZA RESIDENCES PROJECT (ALTERNATIVE C) The 7.79 -acre Plaza Residences project site is generally bounded by Bernard Street to the north, 19th Street to the south, Newport Boulevard to the east, and Harbor Boulevard to the west. Approximately 4.18 acres of the site is currently developed with the 1901 Newport Plaza office building (127,500 sq.ft.) and freestanding one-story office building (2,400 sq.ft.). The remaining 3.61 acres contain surface parking for the office/commercial building and landscaped areas. The approved Plaza Residences project (referred herein as "Alternative C") allows for the development of the northern 3.61 acres of the 7.79 -acre project site with high-density, residential condominiums while retaining the existing 1901 Newport Plaza building on the site. The approved project (Alternative C) includes 145 residential condominiums in four separate buildings with associated recreational amenities. All four residential building complexes will be three to four stories in height. Three-story buildings are located along Bernard Street, the southeast corner of Harbor Boulevard and Bernard Street, and also in the central portion of the project area. The majority of the residences would be oriented onto Bernard Street with additional units facing to the east (toward Newport Boulevard) and to the west (toward the on-site access drive). Buildings 2 and 3 would be located west of Building 1 along Bernard Street. Building 4 is located north of the First United Methodist Church and south of Buildings 2 and 3. A two-level subterranean parking structure would be constructed below Buildings 2, 3, and 4 for the exclusive use of residents of the development. A five -level parking structure would be constructed on the northeast portion of the project site (between the existing building and Building 1 to serve both the 1901 Newport Plaza building and the residents and guests of the development. A total of 415 residential parking spaces are proposed on the first level of the five -level parking structure and within the two-level parking structure. A total of 448 commercial parking spaces are provided in first four levels of the five -level parking structure. The project applicant originally proposed the consideration of a 161 -unit residential development for on -sale housing opportunities on the 1901 Boulevard project site. The City Council has approved Alternative C as a reduced -density alternative. Alternative C would not significantly lessen the environmental impacts associated with the originally proposed project because it involves a reduction of sixteen of the originally proposed 161 dwelling units. Alternative C meets all of the applicant's objectives and addresses the community's concerns for a reduced - density alternative to the original project. With Alternative C, City Council approved an application for a reduction in tenant open parking requirements for double -car garages within the parking structure and an additional 40 residential parking spaces, resulting in a total of 415 residential parking spaces and 448 commercial parking spaces. Alternative C requires $1.51 million in financial assistance from the Redevelopment Agency to subsidize the inclusionary housing obligation triggered by the proposed project. A total of seven units affordable to low- to moderate -income households will be constructed on the project site. The Redevelopment Agency will assume the obligation for five units affordable to very -low income households in the Redevelopment Project Area. Alternative C would not avoid any of the significant, unavoidable impacts related to short-term air quality impacts that are associated with the original project. Therefore, a statement of overriding consideration was also adopted by City Council. -2- Plaza Residences Final EIR-1050 Findings of Fact W Final EIR-1050 analyzes the following areas of potential environment impact: earth resources; hydrology and drainage; land use and planning programs; transportation and circulation; air quality; noise; public services and utilities; and aesthetics. MITIGATED SIGNIFICANT IMPACTS The potentially significant impacts identified in the Final EIR that can be mitigated less than significant levels through the implementation of project design features, standard conditions, and/or mitigation measures are set forth in this section. This section also 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 subsections. 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. EARTH RESOURCES Significant Impact Project implementation could result in exposure to moderate to strong ground shaking from a seismic event. During a major earthquake, the project soils would be subject to settlement, compression, collapse, and liquefaction. Finding Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. Facts in Support of Finding The significant effect has been eliminated or substantially lessened to a level that is less than significant by inclusion of standard conditions and requirements as identified in the Final EIR. Standard Conditions and Requirements Compliance with Uniform Building Code provisions and standard subdivision engineering requirements, as addressed in the City's conditions of approval, will satisfactorily address the geotechnical issues related to seismic hazards. Significant Impact Subsurface excavation of the project site would result in unstable soil conditions because of the potential to encounter groundwater and sandy soils. This impact would potentially affect surrounding off-site structures, creating a cumulative impact. -3- Plaza Residences Final EIR-1050 Findings of Fact Finding Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. Facts in Support of Finding The significant effect has been 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 EIR. Standard Conditions and Requirements Compliance with Uniform Building Code provisions and standard subdivision engineering requirements, as addressed in the City's conditions of approval, will satisfactorily address the geotechnical issues related to seismic hazards. • The Plaza Residences development 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. 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. All grading and earthwork shall be performed under the observation of a registered geotechnical engineer and engineering geologist in accordance with the recommendations contained within the Leighton and Associates report and in accordance with the General Earthwork and Grading Specifications included in the report by Leighton and Associates. In order to achieve proper sub -grade preparation, selection of satisfactory materials, and placement and compaction of all structural fill. • All grading shall be accomplished under the observation and testing of the project geotechnical engineer, the engineering geologist, and their representatives. • 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. • 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. • 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. Ira Plaza Residences Final EIR-1050 Findings of Fact Additional geotechnical review of plans shall be performed upon completion of the following: Grading and Precise Grading Plans; Foundation Plans; and Shoring Plans. • Geotechnical observation and testing shall be conducted during the following stages: — Upon completion of clearing and grubbing. — During all phases of grading, including removals, fill operations, over excavation, temporary slope excavation, and installation of shoring and dewatering systems. — During fill placement. — When any unusual conditions are encountered. — During subdrain construction. — During fill placement. — When any unusual conditions are encountered during grading. • Concrete, in contact with the on-site earth materials, shall be designed in accordance with the negligible category for exposure to sulfate containing solutions of Table 19-A-4 of the 1997 Uniform Building Code. Mitigation Measures Should dewatering be required for the discharge of perched groundwater during excavation for site improvements, the applicant shall acquire either a National Pollutant Discharge Elimination System (NPDES) permit for the discharge of wastes to surface waters or a Waste Discharge Requirements (WDR) permit for the discharge of wastes to land, as required, from the Santa Ana Regional Water Quality Control Board and provide evidence of permit issuance to the Costa Mesa Building Safety Division prior to initiating any such discharge. HYDROLOGY AND DRAINAGE Significant Impact Site development would result in a similar volume and rate of pollutant runoff as under existing conditions. Runoff typically contains accumulated particulate matter (dust), residuals from automobile use (hydrocarbons, heavy metals from brake and tire wear), and organic matter from landscaped areas. Finding Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. Facts in Support of Finding The significant effect has been eliminated or substantially lessened to a level that is less than significant by inclusion standard conditions and requirements and adoption of the following mitigation measures as identified in the Final EIR. Standard Conditions and Requirements Construction of structural and non-structural BMPs as required by the National Pollutant Discharge Elimination System (NPDES) permit issued by the County of Orange/City of -5- Plaza Residences Final EIR-1050 Findings of Fact Costa Mesa to capture urban runoff contaminants from developed areas prior to discharge to on-site storm drain facilities. • Prior to issuance of a grading permit, the applicant shall develop a Storm Water Pollution Prevention Plan (SWPPP) that contains structural and non-structural BMPs that comply with NPDES Program requirements. BMPs shall be implemented as required by the NPDES Permit issued to the site. Prior to issuance of a grading permit, the applicant shall obtain an NPDES Permit from the County of Orange. Applicable BMP provisions shall be incorporated into the NPDES Permit. Mitigation Measures 1. Construction of structural and non-structural BMPs as required by the National Pollutant Discharge Elimination System (NPDES) permit issued by the County of Orange/City of Costa Mesa to capture urban runoff contaminants from developed areas prior to discharge to on-site storm drain facilities. 2. Prior to issuance of a grading permit, the applicant shall develop a Storm Water Pollution Prevention Plan (SWPPP) that contains structural and non-structural BMPs that comply with NPDES Program requirements. BMPs shall be implemented as required by the NPDES Permit issued to the site. 3. Prior to issuance of a grading permit, the applicant shall obtain an NPDES Permit from the County of Orange. Applicable BMP provisions shall be incorporated into the NPDES Permit. LAND USE AND PLANNING PROGRAMS Significant Impact The project would not result in significant land use impacts, other than those associated with aesthetics and noise. The project would be subject to all applicable regulations of the City's General Plan, zoning ordinance, and all requirements and enhancement of Federal, County, City authorities, and any other governmental entities, and all such requirements and enactments would, by reference, become conditions of project implementation. City approval of General Plan amendment, Zoning Code amendment, Master Plan, parking variance, and Vesting Tentative Tract Map would ensure consistency with all relevant planning policies and documents. AESTHETICS Significant Impact Construction of the project would result in the loss of four ornamental trees and landscaping at the corner of Harbor Boulevard at Bernard Street. Finding Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. 0 Plaza Residences Final EIR-1050 Findings of Fact Facts in Support of Finding The significant effect has been eliminated or substantially lessened to a level that is less than significant by inclusion project design features and standard conditions and requirements as identified in the Final EIR. Project Design Features The residential buildings and parking structure project incorporates signage, landscaping, and exterior lighting that comply with applicable City requirements. Standard Conditions and Requirements The project applicant shall plant one specimen -sized tree on the project site for each tree which is removed from the project site. Less than Significant Impact The project would shade residential land uses to December 21, or the worst case scenario. This is accordance with the significance criteria set forth required. TRANSPORTATION AND CIRCULATION Significant Impact the north for approximately 15 minutes on considered a less than significant impact in n the Final EIR. As such, no mitigation is The project is estimated to generate 1,103 trips per day from the project site, with approximately 85 trips occurring during the a.m. peak hour (71 outbound) and 104 trips occurring during the p.m. peak hour (69 inbound). Finding Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. Facts in Support of Finding The significant effect has been eliminated or substantially lessened to a level that is less than significant by inclusion of standard conditions and requirements as identified in the Final EIR. Standard Conditions and Requirements The project applicant shall participate in the implementation of Master Plan of Highways improvements through the payment of Citywide Traffic Impact Fees. The payment of Citywide Traffic Impact Fees shall be submitted to the City of Costa Mesa Planning Division for the mitigation of off-site traffic impacts based on the average daily trips generated by the development and payable at the time of issuance of a building permit for the first building constructed on the project site. 7- Plaza Residences Final EIR-1050 Findings of Fact Significant Impact Construction activities can result in short-term disruptions to local traffic circulation system. Finding Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. Facts in Support of Finding The significant effect has been eliminated or substantially lessened to a level that is less than significant by inclusion of standard conditions and requirements by adoption of the following mitigation measures as identified in the Final EIR. Standard Conditions and Requirements • The project applicant shall prepare a truck route plan for review and approval by the City of Costa Mesa Engineering Division prior to the approval of the construction access permit. The truck route shall preclude truck routes through residential areas. Mitigation Measures Prior to demolition and grading permits, construction management activities pertaining to on-site and off-site street/circulation construction activities shall be identified on the grading and/or construction plans. At a minimum, the plans will specify planned haul routes and temporary traffic land closures. Additionally, as necessary, construction control measures (i.e., directional signage, use of flag persons, etc.) will be identified on the plans to ensure minimal disruption to traffic flow during construction. The grading and/or construction plans are subject to the review of the City of Costa Mesa. Prior to temporary traffic and parking lane closures on-site or off-site, the project applicant shall coordinate with the City of Costa Mesa Police Department and the Fire Department. The project applicant shall identify the duration of closure or potential disruption to emergency access off-site and coordinate with the Police Department and Fire Department to identify alternatives emergency access routes. Sianificant Impact The intersection of Newport Boulevard at 19th Street would be significantly impacted by the project under constrained conditions (without the extension of the SR -55 to south of 17th Street and a 19th Street bridge over the Santa Ana River connecting to Banning Avenue in the City of Huntington Beach). Finding Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. IN Plaza Residences Final EIR-1050 Findings of Fact 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 measure as identified in the Final EIR. Mitigation Measures The project applicant shall fund its pro -rate share of the costs of the following improvement to the intersection of Newport Boulevard at 1gth Street: Add a fourth northbound through lane to Newport Boulevard. Significant Impact With full occupancy of the office building, the peak hour volume warrant analysis conducted using projected traffic volumes show that the intersection of Harbor Boulevard at Bernard Street would meet the requirements for the installation of a traffic signal. Finding Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. Facts in Support of Finding The significant effect has been eliminated or substantially lessened to a level that is less than significant by adoption of the following mitigation measure as identified in the Final EIR. Mitigation Measures The need for the traffic signal at the intersection of Bernard Street at Harbor Boulevard shall be verified following project buildout and shall be installed only when warrants based on actual counts are met. The applicant should be conditioned to a deposit equal to full cost of traffic signal installation ($150,000) in conjunction with the traffic impact fees payment. The need for traffic signal shall be evaluated every year following full occupancy of the project for a period of 5 years. If the need for signal is verified, it will be installed using the money deposited. If a signal is not warranted in 5 years, the deposit can be returned to the applicant. NOISE Significant Impact During construction, grading equipment could operate directly across Bernard Street from the residences along the northern property line and generate significant noise levels. Finding Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. IQ Plaza Residences Final EIR-1050 Findings of Fact 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 as identified in the Final EIR. Standard Conditions and Requirements 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 feet of residential areas should be limited to these hours. Significant Impact Normal operational activities of the project would not result in noise impacts to off-site land uses. Two portions of the project's residential component would be exposed to traffic noise levels in excess of 65 CNEL: adjacent to the corner of Bernard Street at Harbor Boulevard on the northwestern corner of the project site and on the east side of the site adjacent to the five - level parking structure. Outdoor living areas south of Bernard Street from the Toyota automobile dealership would be exposed to noise levels of approximately 75 dBA from delivery trucks during the nighttime hours. The outdoor living area nearest the cooling tower would be exposed to a noise level of approximately 57 dBA during the nighttime hours. Interior and outdoor living areas adjacent to the parking area located behind the retail center adjacent to harbor boulevard would be exposed to outdoor noise levels of 81 dba and interior noise levels of 58 dba during nighttime hours. Finding Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. Facts in Support of Finding The significant effect has been eliminated significant by inclusion of standard conditi mitigation measure as identified in the Final Standard Conditions and Requirements or substantially lessened to a level that is less than ons and requirements by adoption of the following EIR. • All activities on the project site are required to comply with the City of Costa Mesa Noise Ordinance standards. Mitigation Measures Prior to the issuance of grading permits, a detailed acoustical engineering study shall be prepared by a qualified acoustical engineer and submitted to the City of Costa Mesa to determine the need for noise barriers required to meet the noise standards for exterior residential living areas. The applicant shall implement the recommendation of the acoustical engineering study prior to issuance of a building permit. The study shall also demonstrate compliance with the City of Costa Mesa interior and exterior noise standards and specify any upgrades to the standard construction to meet such standards. -10- Plaza Residences Final EIR-1050 Findings of Fact 2. In compliance with the provisions of the California Administrative Code, Title 35, Chapter 1, Subchapter 1, Article 4, the project applicant shall submit an acoustical analysis of the proposed development, prepared under the supervision of a person experienced in the field of acoustical engineering. The acoustical analysis shall evaluate existing and projected noise levels, noise attenuation measures to be applied, and the noise insulation effectiveness of the proposed construction. Acoustical calculations shall be submitted to the City of Costa Mesa prior to issuance of precise grading permits. 3. The person preparing the report shall, under the direction of a person experienced in the field of acoustical engineering, perform an inspection of the project prior to or at the time of the framing inspection to certify that construction techniques comply with the recommendations within the acoustical analysis. Upon completion of the subject structures, field tests may be required under the provisions of Title 25. 4. The project applicant shall submit detailed plans for all parking structures prior to the issuance of a building permit for the structure. Said plans shall be accompanied by an acoustical study prepared by a qualified acoustical expert to the satisfaction of the City of Costa Mesa Planning Division. The acoustical study shall demonstrate that all feasible sound attenuation in compliance with Costa Mesa Municipal Code (Chapter XIII Noise Control) has been incorporated into parking structure design, including but not limited to brushed driving surfaces (textured), limited openings oriented toward sensitive noise sources, etc. 5. The project applicant shall reduce the cooling tower hours of operation to 7:00 a.m. to 6:00 p.m. in order to comply with Municipal Code nighttime noise limits. PUBLIC SERVICES AND UTILITIES Significant Impact: Police Protection The Costa Mesa Police Department has indicated that the Plaza Residences project may result in increased police responses to the project area. The Police Department has identified this as an adverse but less than significant impact. 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 Although no significant impacts have been identified, the following mitigation measure would reduce potential adverse effects during construction operations. Mitigation Measures 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 on-site security personnel on a 24-hour, seven days a week basis, to patrol all areas of construction and prohibit unauthorized entry. -11- Plaza Residences Final EIR-1050 Findings of Fact Evidence of compliance with this requirement is subject to periodic site inspections by City staff. Significant Impact: Fire Protection The Costa Mesa Fire Department has indicated that the Plaza Residences project may result in an increase of emergency responses to the project area. The Fire Department has identified this as an adverse but less than significant impact. Finding Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. Facts in Support of Finding The significant effect has been eliminated or substantially lessened to a level that is less than significant by inclusion of project design features and standard conditions and requirements as identified in the Final EIR. Prosect Design Features • A water delivery system designed to provide adequate fire flows to the project site and roadway system to provide adequate access to and through the site is a part of the project design. Standard Conditions and Requirements • Vehicular access must be provided and maintained serviceable throughout construction to all required fire hydrants. • The five -level parking structure must be equipped with automatic fire sprinklers. Significant Impact: Water Service Mesa Consolidated Water District has identified that the project's water demand can be provided. Finding Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. Facts in Support of Finding Although no significant impacts have been identified, the standard conditions and requirements are applicable to the project as identified in the Final EIR. Standard Conditions and Requirements • Mesa Consolidated's Water Efficiency Specialist shall be consulted with during landscape planning to ensure that appropriate water conservation measures are used. -12- Plaza Residences Final EIR-1050 Findings of Fact • Prior to the issuance of building permits, the project applicant shall pay the applicable connection fees charged to new development by the Mesa Consolidated Water District. • Water conservation measures, as required by the State of California, shall be incorporated into building plans for the project. These may include, but are not limited to, the following: — Health and Safety Code Section 17921.3, which requires low -flush toilets and urinals in all new construction; — Title 24, California Administrative Code Sections 2-5352(1) and Q) which require insulation of water -heating systems and pipe insulation to reduce water used before hot water reaches equipment or fixtures; and, Government Code Section 7800, which specifies that lavatories in all public facilities be equipped with self-closing faucets. Significant Impact: Wastewater Service The sewer system would not adversely affect existing, planned, and future development with the addition of the project. Finding Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. Facts in Support of Finding Although no significant impacts have been identified, the standard conditions and requirements and measures are applicable to the project as identified in the Final EIR. Standard Conditions and Requirements • Prior to issuance of building permits, a letter shall be obtained from the Costa Mesa Sanitary District and the Orange County Sanitation District verifying that there is sufficient capacity in the receiving trunk lines to serve the project. • Prior to the issuance of a connection permit(s), the applicant shall pay the applicable connection fees. Mitigation Measures All sewer flows originating from the residential portion of the project site shall be connected to the Costa Mesa Sanitary District's sewer system at Manhole No. 4 in Newport Boulevard. Significant Impact: Solid Waste The residential portion of the project is expected to generate 118 tons of waste annually. The Orange County Integrated Waste Management District has indicated that adequate capacity for the project is available. No significant impacts would occur. -13- Plaza Residences Final EIR-1050 Findings of Fact Finding Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. Facts in Support of Finding Although no significant impacts have been identified, the standard conditions and requirements are applicable to the project as identified in the Final EIR. Standard Conditions and Requirements • 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 extend feasible. • Recycling bins for glass, metals, paper, wood, plastic, green waste, and cardboard shall be placed on the construction sites for use by construction workers. • In construction specifications and bid packages, require building materials made of recycled materials, to the extent feasible and economically practical. Significant Impact: Schools Twelve students would be generated by the Plaza Residences project. The project would not result in the need to expand existing or construct new school facilities. No significant impacts would occur. Finding Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. Facts in Support of Finding Although no significant impacts have been identified, the standard conditions and requirements are applicable to the project as identified in the Final EIR. Standard Conditions and Requirements • Prior to issuance of a building permit, the project applicant shall pay developer fees to the Newport -Mesa Unified School District pursuant to the requirements established in SB 50. The amount of fees to be paid will be determined based on the established State formula for determining construction costs. Siqnificant Impact: Parks and Recreation If the project site were subdivided, the project would generate the need for 1.5 acres of parkland. Finding -14- Plaza Residences Final EIR-1050 Findings of Fact Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. Facts in Support of Finding The significant effect has been eliminated or substantially lessened to a level that is less than significant by inclusion of standard conditions and requirements as identified in the Final EIR. Standard Conditions and Requirements • If the Plaza Residences project site is subdivided, the project applicant would be responsible for the dedication of 1.5 acres of parkland within the City of Costa Mesa or payment of parkland in -lieu fees. Significant Impact: Electricity Electric loads for the project fall within SCE's estimates of future demand in the area. Implementation of project would not result in a significant impact on electrical services or facilities. Finding Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. Facts in Support of Finding Although no significant impacts have been identified, the standard conditions and requirements are applicable to the project as identified in the Final EIR. Standard Conditions and Requirements • Prior to the recordation of final Master Plans, the applicant shall provide to the City of Costa Mesa, a letter from Southern California Edison Company and Southern California Gas Company indicating their ability to provide service to the project. Sianificant Impact: Natural Gas The Gas Company has identified that the natural gas demand generated by the project is within its projected future demand for the area and could be accommodated by existing facilities. The provision and installation of gas facilities would not result in additional significant environmental impacts. Finding Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. -15- Plaza Residences Final EIR-1050 Findings of Fact Facts in Support of Finding Although no significant impacts have been identified, the standard conditions and requirements are applicable to the project as identified in the Final EIR. Standard Conditions and Requirements Structures on the site shall be required to meet the Energy Building Regulations adopted by the California Energy Commission (Title 24). Meeting these specifications would conserve non-renewable natural resources to levels acceptable to the State. The applicant shall comply with guidelines provided by Southern California Edison Company with respect to easement restrictions, construction guidelines, and potential amendments to right-of-way in the areas of any existing Southern California Edison Company easements. 4.0 IMPACTS THAT CANNOT BE MITIGATED TO A LEVEL CONSIDERED LESS THAN SIGNIFICANT AIR QUALITY Significant Impact Short-term, construction -related pollutant emissions of NOx and PM10 associated with the excavation of the project would exceed the SCAQMD significance thresholds. Findings Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. Implementation of the mitigation program would minimize emissions to the maximum extent feasible; but short-term construction -related emissions would exceed SCAQMD thresholds resulting in significant and unavoidable emissions. Facts in Support of Finding The significant shot -term effect has been substantially lessened but cannot be reduced to a level less than significant by inclusion of standard conditions and requirements and adoption of the following mitigation measures as identified in the Final EIR. Standard Conditions and Requirements All construction contractors shall comply with SCAQMD regulations, including Rule 402, the Nuisance Rule, and Rule 403, Fugitive Dust. Prior to the issuance of a grading permit where grading will occur on more than 50 acres at one time, 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 off-site nuisance impact, the contractor will implement each of the following: 16- Plaza Residences Final EIR-1050 Findings of Fact 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. e. 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 site. f. Wash mud -covered tires and under -carriages of trucks leaving construction sites. 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. Securely cover loads with a tight fitting tarp on any truck leaving the construction sites to dispose of debris. i. Cease grading during periods when winds exceed 25 miles per hour. Mitigation Measures In order to reduce diesel fuel engine emissions, the project applicant shall require that all construction bid packages include a separate "Diesel Fuel Reduction Plan." This plan shall identify the actions to be taken to reduce diesel fuel emissions during construction activities (inclusive of grading and excavation activities). Reductions in diesel fuel emissions can be achieved by measures including, but not limited to the following: a) use of alternative energy sources, such as compressed natural gas or liquefied petroleum gas, in mobile equipment and vehicles; b) use of "retrofit technology," including diesel particulate trips, on existing diesel engines and vehicles; c) other appropriate measures. Prior to the issuance of a grading permit, the Diesel Fuel Reduction Plan shall be filed with the City of Costa Mesa Planning Division. 2. During construction activities, the contractor shall implement the following measures to reduce construction equipment emissions: • Maintain construction equipment engines by keeping them tuned. • Use low sulfur fuel for stationary construction equipment. This is required by SCAQMD Rules 431.1 and 431.2. • Use existing power sources (i.e., power poles) when feasible. This measure would minimize the use of higher polluting gas or diesel generators. • Configure construction parking to minimize traffic interference. -17- Plaza Residences Final EIR-1050 Findings of Fact Minimize obstruction of through -traffic lanes. When feasible, construction should be planned so that lane closures on existing streets are kept to a minimum. Schedule construction operations affecting traffic for off-peak hours. Develop a traffic plan to minimize traffic flow interference from construction activities (the plan may include advance public notice of routing, use of public transportation and satellite parking areas with a shuttle service. 5.0 FINDINGS REGARDING ORIGINALLY PROPOSED PROJECT AND OTHER ALTERNATIVES TO THE PROJECT Section 15126.6 of the CEQA Guidelines requires that an EIR analyze a reasonable range of alternatives, and that the project alternatives should be capable of avoiding or substantially lessening of any of the significant project effects. The Final EIR identified only one impact that could not be mitigated to a level of insignificance: short-term air quality impacts related to construction activities. Give that any major construction of a residential project of this size and scale would result in this unavoidable impact, design alternatives were considered within a reasonable range of alternatives. The Final EIR analyzed the No Project Alternative, Design Alternative I, and Design Alternative II. The "No Project' Alternative is oftentimes different than the "No Development' Alternative. Although this may be true for some projects, it is not the case for this project site. The 7.79 -acre site is already built -out under the current General Plan floor area ratio limitations. Any proposed development on this site which involves the retention of the existing structures would be above the General Plan build -out conditions. Therefore, design alternatives to the proposed project were evaluated . As documented in both the Draft and Final EIRs, the No Project Alternative eliminates both the short-term air quality impacts and the shade/shadow impacts. Although the short-term air quality impacts related to construction activities remains with both "build" alternatives, Design Alternative I reduces the shade/shadow impacts and Design Alternative II eliminates the shade/shadow impacts altogether. Although the refined aesthetic analysis in the Final EIR reflects the new site plan and indicates that the proposed project results in less than significant shade/shadow impacts, the Design Alternatives remained in the Final EIR because these two design alternatives are both capable of avoiding or substantially lessening the long-term environmental effects. Therefore, no further Alternative Cnalysis is necessary. 5.1 ORIGINALLY PROPOSED PROJECT DESCRIPTION The originally proposed project was for the development of 161 residential condominiums, a two-level subterranean parking structure, a five -level parking structure, and associated amenities at 1901 Newport Boulevard in a Planned Development Commercial (PDC) zone. A total of 863 parking spaces are proposed (415 residential parking spaces and 448 commercial parking spaces). The existing 1901 Newport Plaza commercial building (127,500 sq. ft.) and one-story office building (2,400 sq.ft.) is to be retained. The Costa Mesa City Council approved a reduced -density alternative (Alternative C) to the originally proposed project. Alternative C involves the development of 145 residential -18- Plaza Residences Final EIR-1050 Findings of Fact condominiums and a reduction in building height from four stories to three stories for dwelling units along Bernard and the central portion of the project site. Alternative C includes the same number of parking spaces (863 parking spaces) as with the Original Project, CONCLUSION The City hereby finds that specific social, economic, and other considerations make the Original Project environmentally inferior compared to the approved project alternative. The City hereby finds that the project as originally proposed would not eliminate unavoidable impacts related to short-term construction -related impacts to air quality. The approved project (Alternative C) meets all of the applicant's objectives and results in the reduction of building height along Bernard Street and at the Harbor Boulevard/Bernard Street intersection from four stories to three stories, thereby, eliminating any impacts related to shade/shadow effects even in the worst-case scenario (December 21, winter solstice). The Original Project which includes four- story buildings along the Bernard frontage would result in less than significant shade/shadow impacts. The Original Project proposes the same number of parking spaces (863 parking spaces) as Alternative C. 5.2 DESCRIPTION The No Project/No Development (No Development) Alternative Cssumes no new development on the Plaza Residences site; the site would remain in its existing condition. This is consistent with current 2000 General Plan maximum development allowances at an overall floor area ratio of 0.38. With the exception of existing 1901 Newport Plaza office/commercial development located on the southeast corner of the site, the site is an asphalt -paved parking lot with a grassy area adjacent to the First United Methodist Church. The 1901 Newport Plaza development is a three-story office and retail building located on the southeastern corner of Newport Boulevard at 19`h Street. This project Alternative Cssumes the retention of the 1901 Newport Plaza commercial buildings (127,512 sq.ft.) and landscaped areas, as well as continued use of the site for at -grade parking for the existing commercial buildings. CONCLUSION The City hereby finds that specific economic, social, or other considerations make this alternative infeasible for the following reasons: The no project/no development alternative does not generate a 12 -unit affordable housing obligation in the Redevelopment Project Area. This alternative does not meet the project applicant's objectives for the Plaza Residences site: • Address the housing needs of the City of Costa Mesa by introducing to its central core, 145 residential condominiums, arranged in clusters, with attendant common and landscaped areas. This entitlement would introduce an important mixed-use component and reinforce efforts of the Redevelopment Agency to foster a vision of sustainable vitality downtown within the current Downtown Redevelopment Project Area. • Effectively integrate and market the existing office complex and proposed residential component as a mixed-use development, thereby making possible new housing opportunities, consistent with the City of Costa Mesa 2000 General Plan Objective HOU- 3.5. This mixed-use development would differ from the traditional definition of "mixed- -19- Plaza Residences Final EIR-1050 Findings of Fact use" because the individual uses (i.e., commercial and residential) do not occupy the same building. In this case, however, the commercial and residential uses are adjacent to each other within the same parcel. The proximity of residential uses to the existing office/commercial building and the nature of the proposed shared parking arrangement may encourage employees to also reside in this development, thereby meeting the intent of a mixed-use development. • Incorporate design elements to complement and reinforce the classic Spanish architecture of the existing adjacent church and office complex. • Encourage the conversion of an existing commercial development to a mixed-use residential/commercial project, consistent with environmental conditions that are suitable for new residential development, as described in General Plan Objective HOU-3.1. Maximize an opportunity for the development of a well-planned and designed mixed-use project, which provides for the development of a residential and commercial community, as described in General Plan Objective HOU-3.2. 5.3 DESIGN ALTERNATIVE I DESCRIPTION Under Design Alternative I, the northern 3.61 acres of the project site would be developed with residential uses at a slightly lower density when compared to the approved project. A total of 156 single-family, high-density attached residences would be constructed in four buildings, varying from three- to four -stories in height. The majority of the units would be stacked, two- story residences. The upper eight units located adjacent to Bernard Street in Building 1, as well as the upper two units on the northeast corner of Bernard Street and the access road in Building 2 would be combined to form five, single -story flats. Therefore, along this frontage, the buildings would be three stories in height. The reduction in building height would reduce shade/shadow effects to sensitive receptors along Bernard Street. However, the approved project's shade/shadow effects are also considered less than significant. As with the approved project, this alternative requires amendments to the General Plan Land Use Element and Zoning Code. CONCLUSION The City hereby finds that specific economic, social, or other considerations make this alternative infeasible for the following reasons: • Design Alternative I would not eliminate the unavoidable impacts that would occur with the approved project: short-term air quality emissions; and • Design Alternative I does not reduce the bulk/massing of the proposed building complexes along the entire Bernard Street frontage and the southeast corner of Harbor Boulevard and Bernard St. • Design Alternative I does not adequately address the community's concerns to reduce the project's density to a maximum of 40 dwelling units/acre. -20- Plaza Residences Final EIR-1050 Findings of Fact 5.4 DESIGN ALTERNATIVE II DESCRIPTION Under Design Alternative II, the northern 3.61 acres of the project site would be developed with residential uses at a lower density when compared to the approved project. Design Alternative II assumes all four-story dwelling units along Bernard Street in Buildings 1, 2, and 3 would be reduced to two stories. A total of 139 residential condominiums would be constructed in four building complexes, or a reduction of 22 residential units when compared to the project. The purpose of this alternative is to minimize the visual prominence of the multi -story structures along Bernard Street. This "stepped" plan from two-story to four-story structures is intended to provide visual interest and graduate the visual change between the project and existing one- to two-story multi -family residences to the north. This reduction in building height also would reduce the effects of shade/shadow on sensitive receptors along the north side of Bernard Street. It should be noted that the approved project would result in no significant shade/shadow impacts. As with the approved project, this alternative requires require amendments to the General Plan Land Use Element and Zoning Code. CONCLUSION The City hereby finds that specific economic, social, or other considerations make this alternative infeasible for the following reasons: Design Alternative 2 would not eliminate the unavoidable impacts that would occur with the approved project: short-term air quality emissions; and Design Alternative 2 would reduce the applicant's affordable housing obligation when compared to the approved project. Design Alternative 2 does not totally fulfill the following project applicant's objectives for the Plaza Residences site: o Address the housing needs of the City of Costa Mesa by introducing to its central core, 145 residential condominiums, arranged in clusters, with attendant common and landscaped areas. This entitlement would introduce an important mixed-use component and reinforce efforts of the Redevelopment Agency to foster a vision of sustainable vitality downtown within the current Downtown Redevelopment Project Area. -21- Exhibit "C" Statement of Overriding Considerations Plaza Residences Final EIR No. 1050 Statement of Overriding Considerations STATEMENT OF OVERRIDING CONSIDERATIONS IN SUPPORT OF FINDINGS FOR SIGNIFICANT ENVIRONMENTAL EFFECTS OF THE PLAZA RESIDENCES PROJECT 1.0 INTRODUCTION The California Environmental Quality Act (CEQA) Guidelines Section 15091 provide that: "No public agency shall approve or carry out a project for which an EIR has been certified which identifies one or more significant environmental effects of the project unless the public agency makes one or more written findings for each of those significant effects, accompanied by a brief explanation of the rationale for each finding. The possible findings are: (1) Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the final EIR. (2) Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. (3) Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the final EIR." CEQA Guidelines Section 15093 requires "...the decision-making agency to balance, as applicable, the economic, legal, social, technological, or other benefits of a proposed project against its unavoidable environmental risks when determining whether to approve the project. If the specific economic, legal, social, technological, or other benefits of a proposed project outweigh the unavoidable adverse environmental effects, the adverse environmental effects may be considered 'acceptable'.... When the lead agency approves a project which will result in significant effects which are identified in the final EIR but are not avoided or substantially lessened, the agency shall state in writing the specific reasons to support its action based on the final EIR and/or other information in the record. The statement of overriding considerations shall be supported by substantial evidence in the record." Because the Plaza Residences Final EIR No. 1050 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 this Statement of Overriding Considerations as part of the approval of the Plaza Residences project and related applications. 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 a project. The City of Costa Mesa hereby approves the Plaza Residences project although unavoidable adverse impacts related to short-term air quality impacts related to construction activities have been identified in the Final EIR. Even though this adverse impact cannot be reduced to a level considered less than significant, the Costa Mesa City Council finds that this impact is outweighed by the benefits of the Plaza Residences project, and, therefore, the impact is acceptable. Further, the approved project provides project benefits to the same Statement of Overriding Considerations Plaza Residences Final EIR No. 1050 Statement of Overriding Considerations extent as the proposed project evaluated in the Final EIR No. 1050. Each of the following benefits is an overriding consideration warranting project approval. The proposed project will provide 145 residential condominium units, which supports stated City Council objectives to increase the supply of ownership housing opportunities within the community, and specifically the Westside, as directed in City Council Community Objective 03-D1. 2. The proposed single-family attached condominiums will create more ownership housing opportunities in the downtown area of Costa Mesa, an area characterized by medium- to high-density, multi -family rental housing. 3. The proposed single-family attached condominiums will contribute to the reduction of the City's high proportion of renters versus owners. 4. The proposed project will create residential uses that complement existing commercial uses through the Planned Development process in support of 2000 General Plan Policies LU -1A.6, HOU-3.2, and CIR-1A.8, and Objectives CD -9A and CD -96. Through the provision of separate parking and circulation areas, the proposed residential component would be well -integrated as a complementary use to the existing 1901 Newport Plaza commercial building in support of 2000 General Plan Policy LU -1F.5. 5. The proposed project would implement recommendations of the 1983 Urban Land Institute Panel Advisory Service report to intensify residential uses within the Downtown Redevelopment Project Area to create mixed-use complexes to support existing and planned retail and service activities, and to add life and vitality to the area. 6. The proposed condominiums would help satisfy anticipated housing demand as a result of job growth and improve the City of Costa Mesa's jobs/housing balance. The Center for Demographic Research estimates that the City's total employment is 88,923 (Year 2000). Over the past few years, the City's employment rate has increased an average of 1-2 percent each year, which in turn generates additional housing demand. The proposed 145 residential condominiums will further contribute to the City's progress towards achieving its RHNA goals for the 1998-2005 period, as identified in the 2000 General Plan Housing Element, by contributing an additional maximum of 133 above - moderate income units, a minimum of sev moderate and/or low-income units, and a minimum of five very -low income units. The Regional Housing Needs Assessment (RHNA) sets forth specific housing numbers for the City to construct, rehabilitate, and preserve housing. Therefore, the Costa Mesa City Council, having reviewed and considered the information contained in the Final EIR and the public record, adopts this Statement of Overriding Considerations that documents the overall project benefits that have been balanced against the project's unavoidable adverse impacts in reaching a decision on this project. Statement of Overriding Considerations