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HomeMy WebLinkAbout85-73 - General Plan Amendment 83-1D Land Use Elementu RESOLUTION N0. 85 -73 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING A CERTAIN AMENDMENT TO THE LAND USE ELEMENT OF THE NEWPORT BEACH GENERAL PLAN, AND IN APPROVING SAID AMENDMENT MAKE FINDING AND STATE14ENTS IN REGARDS TO THE ENVIRONMENTAL DOCUMENTATION (GENERAL PLAN AMENDMENT 83- 1(D)). WHEREAS, Section 707 of the Charter of the City of Newport Beach provides that the City Council, upon recommendation by the Planning Commission, may amend the General Plan, or any part or element there- of; and WHEREAS, as part of the development and implementation of the City's General Plan, the Land Use Element has been prepared; and WHEREAS, said element of the General Plan sets forth objectives and supporting policies which serve as a guide for the future develop- ment of the City of Newport Beach; and WHEREAS, pursuant to Section 707 of the Charter of the City of Newport Beach, the Planning Commission held a public hearing to consider certain amendments to the above referenced element of the Newport Beach General Plan; and WHEREAS, the City of Newport Beach has, in the General Plan Housing Element, established policies to increase the production of housing in the community; and WHEREAS, it is the goal of the City to provide a balanced commu- nity, with a variety of housing types and designs and housing oppor- tunities for all economic segments of the community; and WHEREAS, it is the policy of the City to eliminate constraints to housing production and increase allowed density, wherever possible; and WHEREAS, the City of Newport Beach recognizes the opportunity to require the provision of affordable housing either on -site or off -site • in conjunction with residential development in the City; and WHEREAS, an Environmental Impact Report was prepared in conjunc- tion with General Plan Amendment 83 -1(D); and WHEREAS, the Final Environmental Impact Report fully and ads- quately discusses the environmental impacts associated with increased development on the Fifth Avenue /MacArthur Boulevard Site; and WHEREAS, all measures necessary to mitigate the environmental impacts associated with the project have been incorporated into the • project BE IT FURTHER RESOLVED by the City Council of the City of Newport Beach that: 1. The City Council makes the Findings contained in the State- ment of Facts with respect to significant impacts identified in the Final EIR together with the Finding that each fact in support of the Findings is true and is based upon substantial evidence in the record, including the Final EIR. The Statement of Facts is attached hereto as Exhibit 1 and incorporated herein by this reference as if fully set forth. 2. The City Council finds that the Facts set forth in the Statement of Overriding Considerations are true and are supported by substantial evidence in the record, including the Final EIR. The Statement of Overriding Considerations is attached hereto as Exhibit 2 and incorporated herein by this reference as if fully set forth. 3. The City Council finds that the Final EIR has identified all significant environmental effects of the project and that there are no known potential environmental impacts not addressed in the Final EIR. 4. The City Council finds that all significant effects of the project are set forth in the Statement of Facts. 5. The City Council finds that although the Final EIR iden- tifies certain significant environmental effects that will result if the project is approved, all significant: effects that can feasibly be avoided or mitigated have been avoided or mitigated by the imposition of Conditions on the approved project and the imposition of mitigation measures as set forth in the Statement of Facts and the Final EIR. • 6. The City Council finds that ,potential mitigation measures and project alternatives not incorporated into the project were rejected as infeasible, based upon specific economic, social and other - 2 - considerations as set forth in the Statement of Facts and the Final EIR. 7. The City Council finds that the unavoidable significant impacts of the project, as identified in the Statement of Facts, that have not been reduced to a level of insignificance have been substan- • tially reduced in their impacts by the imposition of Conditions on the approved project and the imposition of mitigation measures. In making its decision on the project, the City Council has given greater weight to the adverse environmental impacts. The City Council finds that the remaining unavoidable significant impacts are clearly outweighed by the economic, social and other benefits of the project, as set forth in the Statement of Overriding Considerations. 8. The City Council finds that the Final EIR has described all reasonable alternatives to the project that could feasibly obtain the basic objectives of the project, even when those alternatives might impede the attainment of project objectives and might be more costly. Further, the City Council finds that a good faith effort was made to incorporate alternatives in the preparation of the Draft EIR and all reasonable alternatives were considered in the review process of the Final EIR and ultimate decisions on the project. 9. The City Council finds that the project should be approved and that any alternative to this action should not be approved for the project based on the information contained in the Final EIR, the data contained in the Statement of Facts and for the reasons stated in the public record and those contained in the Statement of Overriding Considerations. 10. The City Council finds that a good faith effort has been made to seek out and incorporate all points of view in the preparation of the Draft and Final EIR as indicated in the public record on the project, including the Final EIR. 11. The City Council finds that. during the public hearing isprocess on the General Plan Amendment 83 -1(D), the Planning Commission and the environmental documents evaluated a range of alternatives and the project, as approved by this Resolution, is included within that =M • range of alternatives. The City Council has considered the recommen- dation of the Planning Commission in its decision on the project. BE IT FURTHER RESOLVED by the City Council of the City of Newport Beach that the following amendment to the Land Use Element of the General Plan be approved and adopted, as follows: FIFTH AVENUE /MACARTHUR BOULEVARD PARCEL: 1. Designate the Fifth Avenue /MacArthur Boulevard site for Medium Density Residential use at a maximum of 45 dwelling units. 2. Prior to the issuance of any grading and /or building permits for the project, an agreement shall be entered into by the developer, landowner, and City providing for a minimum of 9 units of affordable housing onsite or offsite. Units shall be affordable for a period of ten (10) years from the issuance of the Certificate of Occupancy. 3. The affordable units to be provided on the Fifth Avenue /MacArthur Boulevard site shall meet the follow- ing affordability criteria: 70% (6) shall be affordable to County median income and 30% (3) shall be affordable to County low income. Maximum rents shall be based on yearly income x 30% - 12 for a three bedroom unit. Rents for a two bedroom unit shall be reduced by 5% and a one bedroom unit by 10%. All of the above information has been and will be on file with the Planning Department, City of Newport Beach, City Hall, 3300 Newport Boulevard, Newport Beach, CA 92658 -8915, (714) 644 -3225. ADOPTED THIS 23rd da} ATTEST: • fITY CLERK PLT:jm RESOI - 4 - EXHIBIT 1 CEQA STATEMENT OF FINDINGS AND FACTS GENERAL PLAN AMENDMENT 83 -1D SIGNIFICANT ENVIRONMENTAL EFFECTS WHICH CANNOT BE AVOIDED IF THE PROPOSED PROJECT IS IMPLEMENTED, FINDINGS WITH RESPECT TO SAID EFFECTS • AND STATEMENT OF FACTS IN SUPPORT THEREOF, ALL WITH RESPECT TO THE PROPOSED APPROVAL OF GENERAL PLAN AMENDMENT 83 -1D FOR THE FIFTH AVENUE /MAC ARTHUR BOULEVARD SITE, CITY OF NEWPORT BEACH, CALIFORNIA. Background The California Environmental Quality Act (CEQA) and the State CEQA Guidelines (Guidelines) promulgated pursuant thereto provide: "No public agency shall approve or carry out a project for which an EIR has been completed which identifies one or more significant environmental effects of the project unless the public agency makes one or more written findings for each of those significant effects accompanied by a brief explanation of the rationale for each finding. The possible findings are: 1. Changes or alterations have been required in, or incorporated into, the project which avoid or substan- tially lessen the significant environmental effect as identified in the Final EIR. 2. Such changes or alterations are within the responsibil- ity and jurisdiction of another public agency and not the agency making the finding,. Such changes have been adopted by such other agency or can and should be adopted by such other agency. 3. Specific economic, social, or other considerations make infeasible the mitigation measures or project alterna- tives identified in the Final EIR (Section 15091 of the Guidelines.)" The City of Newport Beach is considering approval of a General Plan Amendment. Because the proposed action constitutes a project under the CEQA Guidelines, the City of Newport Beach has prepared an En- vironmental Impact Report (EIR). This EIR has identified certain significant effects which may occur as a. result of the project, or on a cumulative basis in conjunction with other past, present, and reasonably foreseeable future projects. Further, the City desires to approve this project and, after determining that the EIR is complete and has been prepared in accordance with CEQA and the Guidelines, the findings set forth are herein made: FINDINGS AND FACTS IN SUPPORT OF FINDINGS FOR SIGNIFICANT ENVIRONMENTAL EFFECTS OF THE PROJECT EFFECTS DETERMINED TO BE INSIGNIFICANT • Several potential environmental effects were determined to be insig- nificant impacts. These include the conversion of the property from vacant land to residential use; elimination of onsite vegetation and wildlife; and increased traffic generation. EFFECTS DETERMINED TO BE MITIGABLE TO A LEVEL OF INSIGNIFICANCE LAND USE /AESTHETICS Significant Effect Project development will alter views from adjacent roadways and properties. • Finding Finding 1 - Changes or alterations have been required in, or incor- porated into, the project which substantially lessen the significant environmental effect as identified in the Final EIR. Facts in Support of Finding The significant effect has been substantially lessened to a level of insignificance by virtue of the Standard City Policies and Require- ments and Mitigation Measures identified in the Final EIR and incor- porated into the project. Project= specific mitigation measures have been eliminated for the separate General Plan Amendment action. These measures include the following: 1. A 30 -foot landscaped setback shall be required from the ultimate right -of -way of MacArthur Boulevard. No parking shall be allowed within the required 30 -foot setback area along MacArthur Boulevard. Significant Effect Increased density is proposed with no specific requirement to provide affordable housing as required by the City's Housing Element. Finding Finding 1 - Changes or alterations have been required in, or incor- porated into, the project which substantially lessen the significant environmental effect as identified in the Final EIR. Facts in Support of Finding The Draft EIR originally proposed three measures (numbers 7 -9) which would assure provision of affordable housing consistent with the City's Implementation Plan for Housing Element Objective #6. Mitiga- tion Measures have been revised to reflect the adoption of a revised General Plan Amendment 83 -1(D). These measures are as follows: 1. Prior to the issuance of any grading and /or building permits for the project, an agreement shall be entered into by the developer, landowner, and City providing for a minimum of 9 units of affordable housing onsite or offsite. Units shall be affordable for a period of the (10) years from the issuance of the Certificate of Occupancy. 2. The affordable units to be provided for the Fifth Avenue /MacArthur Boulevard project shall meet the following affordability criteria: 708 (6) shall be affordable to County median income and 308 (3) shall be • affordable to County low income. Maximum rents shall be based on yearly income x 308 a 12 for a three bedroom unit. Rents for a two bedroom unit shall be reduced by 58 and a one bedroom unity by 108. - 2 - Significant Effect The project does not guarantee the provision of housing to seniors. Finding Finding 1 - Changes or alterations have been required in, or incor- porated into, the project which substantially lessen the significant environmental effect as identified in the Final EIR. • Facts in Support of Findings During the course of the public hearings, held for GPA 83 -1A and 83 -1D, considerable testimony, discussion, and analysis has been conducted regarding the appropriate location and design of senior housing in Corona del Mar. As a result of this review, the City Council has determined that the Fifth Avenue Parcel. (GPA 83 -1A) , located east of OASIS Center, is the most appropriate location for senior citizen housing. With the agreement of the property owner, the site is to be designated on the General Plan as multi - family housing specifically for senior citizens age 55 years or older. This action is also in conformance with the desires of the Friends of OASIS as stated by their spokepersons in numerous public hearings. As a result of this action, mitigation measures 10 -14 (listed in the Final EIR) are no longer considered necessary or appropriate. The redesignation of the Cottage Homes site to multi- family housing for senior citizens will assure that adequate senior housing is provided in the Corona del Mar area. TRAFFIC AND CIRCULATION Significant Effect There is a potential for traffic operational and safety problems related to the proposed location of driveways onto Fifth Avenue. Finding The identified effect does not relate to the General Plan Amendment. Facts in Support of Findings The Draft EIR proposed mitigation measures 15 and 16 which required that the project's driveways on Fifth Avenue align with either an alley or street on the south side of Fifth Avenue. A tract map and development is no longer being considered in conjunction with the GPA, and project level requirements are not necessary. Significant Effect Portions of the site along MacArthur Boulevard and near East Coast Highway will be subject to noise generated by traffic on the roadways. Noise levels will exceed adopted City standards. Finding Finding 1 - Changes or alterations have been required in, or incor- porated into, the project which substantially lessen the significant environmental effect as identified in the Final EIR. • Facts in Support of Finding The significant effect has been substantially lessened to a level of insignificance by virtue of the Standard City Policies and Require- ments and Mitigation Measures identified in the Final EIR and incor- porated into the project. These measures include: 1. Prior to the issuance of building permits for each of the planned units, an acoustical engineering study - 3 - shall be performed based on actual pad, property, and roadway grades and building locations and orientations to assure that the exterior building shells of each structure will be sufficient to reduce existing and future noise levels to an acceptable intensity. 2. Prior to occupancy of any unit, a qualified acoustical engineer shall be retained by the City at the appli- cant's expense to demonstrate to the satisfaction of • the Planning Director that noise impacts do not exceed 65 CNEL for outside living areas and active recreation areas and 45 CNEL for interior living areas. 3. As a condition of project approval, the units which are located inside the 65 CNEL contour and have any partial view of the impacting roadways (Pacific Coast Highway or MacArthur Boulevard) shall be mitigated to experi- ence outdoor noise levels less than 65 CNEL and indoor noise levels less than 45 CNEL. Specific provisions shall be determined prior to obtaining any grading permit and shall be installed in accordance with alternative design methods and. recommendations outlined in the noise report for the project. SIGNIFICANT ENVIRONMENTAL EFFECTS WHICH CANNOT BE AVOIDED IF THE PROJECT IS IMPLEMENTED TRANSPORTATION AND CIRCULATION Significant Effect The project will generate additional daily traffic. In concert with other past, present, and reasonably foreseeable future projects, the proposed project is expected to have a significant cumulative adverse impact on traffic conditions on the local circulation system. Findings Finding 1 - Changes or alterations have been required in, or incor- porated into, the project which substantially lessen the significant environmental effect as identified in the Final EIR. Finding 3 - Specific economic, social, or other considerations make infeasible the project alternatives identified in the Final EIR. Facts in Support of Findings The significant effect has been substantially lessened to the extent feasible by virtue of the following Condition of Approval identified in the Final EIR and incorporated into the project. 1. The applicant shall contribute 508 of the cost of a traffic signal at Harbor View Drive and MacArthur Boulevard if warrants are met within five years of occupancy of the project. Implementation of all project alternatives, with the exception of the "No Development" and "No- Project" Alternatives would create an en- vironmental effect similar to or more severe than the proposed proj- ect. The environmentally superior alternatives ( "No Development" and "No Project ") have been rejected based upon information contained in the Statement of Overriding Considerations. The applicant is required by the City's Fair Share Traffic Contribu- tion Ordinance #8416 (Chapter 15.38 Municipal Code) to provide a monetary contribution to the City for use in the construction of - 4 - circulation system improvement which will increase roadway capacity within the City of Newport Beach. The purpose of the Ordinance is to construct improvements so that traffic generated by development and redevelopment within the City will not result in unacceptable con- gestion of the circulation system. No other feasible mitigation measures have been identified. The remaining unavoidable significant: effect is acceptable when • balanced against facts set forth in the Statement of Overriding Consideration and in view of the following fact: The impact iden- tified is considered significant only on a cumulative basis, resulting from the proposed project in association with other past, present, and reasonably foreseeable future projects. In accordance with State law, greater weight has been given to the remaining unavoidable significant effect than to the overriding considerations. NOISE Significant Effect Project implementation will result in an incremental increase in noise levels on roadways in the vicinity. Although increases in noise levels attributable to the project are not considered significant, the project, in conjunction with other past, present, and reasonably foreseeable future projects, will contribute to an adverse impact on the noise environment on local roadways. Findings Finding 3 - Specific economic, social, or other considerations make infeasible the project alternatives identified in the Final EIR. Facts in Support of Findings No feasible mitigation measures have been identified. Implementation of all project alternatives, with the exception of "No Development" and "No Project" Alternatives would create an environ- mental effect similar to or more severe than the proposed project. These environmentally superior alternatives have been rejected based upon information contained in the Statement of Overriding Consid- erations. The remaining unavoidable significant effect is acceptable when balanced against facts set forth in the Statement of Overriding Considerations and in view of the following fact: The impact iden- tified is considered significant only on a cumulative basis, resulting from the proposed project in association with other past, present, and reasonably foreseeable future projects. In accordance with State law, greater weight has been given to the remaining unavoidable significant effect than to the overriding considerations. WATER QUALITY • Significant Effect Development of the proposed project will lead to an increase in urban pollutants to the local water system and, in conjunction with other past, present, and reasonably foreseeable future projects, will cumulatively add to the amount of urban pollutants reaching Newport Bay. - 5 - Findings Finding 1 - Changes or alterations have been required in, or incor- porated into, the project which substantially lessen the significant environmental effect as identified in the Final EIR. Finding 3 - Specific economic, social, or other considerations make infeasible the project alternatives identified in the Final EIR. • Facts in Support of Findings The significant effect has been substantially lessened to the extent feasible by virtue of the Standard City Policies and Requirements and Mitigation Measures identified in the Final EIR and incorporated into the project. These measures include the following: 1. A landscape and irrigation plan for the project shall be prepared by a licensed landscape architect. The plan will be subject to approval by the Planning Department, the Parks, Beaches, and Recreation Depart- ment, and the Public Works Department. 2. The landscape plan shall include a maintenance program which controls the use of fertilizers and pesticides. 3. The landscape plan shall place emphasis on the use of drought- resistant native vegetation and be irrigated via a system designed to avoid surface runoff and overwatering. 4. An erosion, siltation, and dust control plan, if desired by the City of Newport Beach, shall be submit- ted and be subject to approval by the Building Depart- ment. Implementation of all project alternatives, with the exception of the "No Development" Alternative and the "No Project" Alternative, would create an environmental effect similar to or more severe than the proposed project. The environmentally superior alternatives ( "No Development" and "NO Project ") have been rejected based upon informa- tion contained in the Statement of Overriding Consideration. The remaining unavoidable significant effect is acceptable when balanced against facts set forth in the Statement of Overriding Consideration and in view of the following fact: The impact iden- tified is considered significant only on a cumulative basis, resulting from the proposed project in association with other past, present, and reasonably foreseeable future projects. In accordance with State law, greater weight has been given to the remaining unavoidable significant effect than to the overriding considerations. SR10 • 'lam EXHIBIT 2 STATEMENT OF OVERRIDING CONSIDERATIONS The California Environmental Quality Act requires a public agency to balance the benefits of a proposed project against its unavoidable environmental risks in determining whether to approve the project. The City of Newport Beach has determined that the unavoidable risks of • this project are acceptable when balanced against the benefits of this project, giving greater weight to the unavoidable environmental risks. In making this determination, the following factors and public bene- fits were considered or decisions made: 1. The proposed project is consistent and compatible with other existing and proposed uses in the vicinity of the project and community in general. 2. The proposed project represents infill development located in an urban area where adequate facilities and services are available. 3. The density of the project is appropriate adjacent to a major highway and commercial land uses. 4. The density of the project is similar to the existing adjacent development. 5. The density of the project is less than allowable densities in the adjacent older residential sections of Corona del Mar. 6. The proposed project will implement established policies of the General Plan Housing Element to increase the production of housing and to provide needed affordable housing opportunities in the City. 7. The proposed project supports the City's goal to provide a balanced community, with a variety of housing types and designs and housing opportunities for all economic segments of the community. 8. The proposed project supports the City's responsibility to designate sufficient vacant land for residential use with appro- priate standards to produce housing at the lowest possible cost consistent with Section 65913 of the Government Code. 9. The proposed project will contribute to a fair share of roadway improvements. 10. The project applicant has been required to contribute 50% of the funding for the future signal at Harbor View Drive and MacArthur Boulevard. 11. The design of the project includes a 30 -foot landscaped area along the MacArthur Boulevard edge of the project. No structures or parking will be allowed within this area. The property owner has also agreed that if widening of MacArthur Boulevard is ever necessary, all widening will occur on the north side of MacArthur Boulevard. This will assure that the 30 -foot landscape area will remain untouched. • 12. All impacts identified as significant which are associated with this project are regional in nature and the project's cumulative contribution to those impacts is considered acceptable from a regional perspective. 13. Alternatives to the proposed project described in the EIR, with the exception of the "No- Development" and "No- Project" Alterna- tives, would not avoid unmitigated environmental effects. SR10