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HomeMy WebLinkAbout2009-88 - Civic Center and Park Schematic Design PlansRESOLUTION NO. 2009-88 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS AND APPROVING SCHEMATIC DESIGN PLANS FOR THE NEWPORT BEACH CIVIC CENTER AND PARK DEVELOPMENT PLAN PROJECT WHEREAS, in accordance with the California Environmental Quality Act (CEQA) (Cal. Pub. Res. Code § §21000, et seq.) and its implementing State regulations (CEQA Guidelines) (14 Cal. Reg. § §15000, et seq.), the City of Newport Beach prepared an Environmental Impact Report (State Clearinghouse No. 2009041010) for the Newport Beach Civic Center and Park Development Plan Project. The purpose of the EIR is to analyze the potential impacts of the proposed project. The City Council considered and certified the Final Environmental Impact Report on November 24, 2009, by adopting certain CEQA Findings of Facts contained within Resolution No. 2009 -88, which are hereby incorporated by reference; and WHEREAS, the Environmental Impact Report identifies potential significant impacts to the environment and certain mitigation measures designed to reduce or avoid these impacts to a less- than - significant level. The City Council, in adopting Resolution No. 2009 -88, has made the findings mandated by CEQA (14 Cal. Reg. § §15090 and 15091). In particular, the Council has found that changes or alterations have been made to the project which avoid or substantially lessen the significant environmental impacts of the project to the extent feasible; and WHEREAS, the Environmental Impact Report identifies two potentially. significant impacts to the environment that cannot be reduced to a less- than - significant level with the adoption of feasible alternatives or mitigation measures. In other words, there are no feasible Project alternatives or mitigation measures that would mitigate or substantially lessen these impacts. Despite the occurrence of these effects, however, the City Council may approve the project if it adopts a Statement of Overriding Considerations that explain, in the Council's view, the economic, social, and other benefits that the Project will produce and will render the significant effects acceptable. NOW THEREFORE, THE CITY COUNCIL HEREBY RESOLVES AS FOLLOWS: Section 1. Statement of Overriding Considerations. Pursuant to CEQA Guidelines Section 15093, the City Council has reviewed and hereby adopts the Statement of Overriding Considerations to unavoidable adverse environmental impacts, attached also as Exhibit "A" entitled "Statement of Overriding Considerations," which exhibit is incorporated herein by reference. PASSED, APPROVED, AND ADOPTED this 24th day of November 2009. ATTEST: - 40W"�Q hlrfwv--� Leilani Brown, City Clerk EXHIBIT A STATEMENT OF OVERRIDING CONSIDERATIONS CITY HALL AND PARK DEVELOPMENT PLAN A. Introduction The City of Newport Beach is the Lead Agency under CEQA for preparation, review and certification of the Final EIR for the project. As the Lead Agency, the City of Newport Beach is also responsible for determining the potential environmental impacts of the proposed action and which of those impacts are significant, and which can be mitigated through imposition of mitigation measures to avoid or minimize those impacts to a level of less than significant. CEQA then requires the Lead Agency to balance the benefits of a proposed action against any remaining significant unavoidable adverse environmental impacts in determining whether or not to approve the proposed project. In making this determination the City is guided by CEQA Guidelines Section 15093 which provides as follows: CEQA 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 proposal (sic) 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. If an agency makes a statement of overriding considerations, the statement should be included in the record of the project approval and should be mentioned in the notice of determination. This statement does not substitute for, and shall be in addition to, findings required pursuant to Section 15091. In addition, Public Resources Code Section 21081(b) requires that where a public agency finds that specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or alternatives identified in an EIR and thereby leave significant unavoidable effects, the public agency must also find that overriding economic, legal, social, technological, or other benefits of the project outweigh the significant effects of the project. Pursuant to Public Resources Code Section 21081 (b) and the State CEQA Guidelines Section 15093, the City of Newport Beach has balanced the benefits of the proposed Project against the following unavoidable adverse impacts associated with the proposed Project and has adopted all feasible mitigation measures with respect to these impacts. The City of Newport Beach also has examined alternatives to the proposed Project, neither of which meets the Project objectives and is environmentally preferable to the proposed Project for the reasons discussed in the Findings and Facts in Support of Findings. The Newport Beach City Council, acting as Lead Agency, and having reviewed the Final EIR for the City Hall and Park Development Plan project, and reviewed all written materials within the City's public record and heard all oral testimony presented at public hearings, adopts this Statement of Overriding Considerations, which has balanced the benefits of the project against its significant unavoidable environmental impacts in reaching its decision to approve the project. B. Significant Unavoidable Adverse Environmental Impacts Although most potential significant project impacts have been substantially avoided or mitigated, as described in the Findings and Facts in Support of Findings, there remain some project impacts for which complete mitigation is not feasible. For some impacts, mitigation measures were identified and adopted by the Lead Agency; however, even with implementation of the measures, the City finds that the impacts cannot be reduced to a level of less than significant. For other impacts, no feasible mitigation measures were identified and no feasible alternatives were identified that would avoid or minimize these impacts. The impacts are described below and were also addressed in the Findings. The Final EIR identified the following unavoidable adverse impacts of the proposed Project: 1. Construction Air Quality Construction emissions from the proposed project would exceed the South Coast Air Quality Management District (SCAQMD) daily emissions thresholds for nitrous oxide (NOX) and reactive organic compounds (ROC), and resulting concentrations of particulate matter less than 10 microns in diameter (PM10) that would exceed the local significance threshold (LST). Mitigation measures would be required to reduce NOx ROC, and PM10 emissions; however, even with implementation of all available mitigation measures, project impacts related to construction emissions would remain significant adverse and unavoidable. 2. Global Climate Change The proposed project would strive to reduce GHG emissions by meeting and exceeding Title 24 standards and by achieving LEED -NC Silver Certification. The project would implement mitigation measures to further reduce energy consumption and vehicular emissions. The City will monitor the development of implementation requirements of AB 32, as issued by State agencies, and any subsequently adopted GHG emissions reduction procedures and technologies relevant to the proposed project, and apply them to the project as appropriate. The proposed project is consistent with and /or furthers the intent of numerous GHG reduction strategies and is consistent with the City's General Plan goals and Climate Action Protection Program strategies, which are designed to reduce energy consumption and GHG emissions. Compliance with the reduction strategies implemented by the City will help to achieve the statewide reduction of GHG to 1990 levels; however, because project operations would result in more than 6,000 metric tons of carbon dioxide equivalent (CO2e) per year, it cannot be ensured that the project would not impede achievement of the State's mandatory requirement under AB 32 to reduce GHG emissions to 1990 levels by 2020. Therefore, the proposed project would result in a significant unavoidable project impact and significantly contribute to an unavoidable cumulative impact related to activities that may impede achievement of the State's goal for reducing GHG emissions to 1990 levels by 2020. C. Public Benefits The City of Newport Beach, in balancing the specific economic, legal, social, technological, and other benefits of the proposed City Hall and Park Development Plan project, has determined that the unavoidable adverse environmental impacts identified above are considered acceptable due to the following specific considerations that outweigh the unavoidable, adverse environmental impacts of the proposed project. The current City Hall facility was built in 1948 and has become too small for the City's needs. Office space, storage, and parking are inadequate to meet demand. A Space Utilization Assessment completed in 2002 found that the existing City Hall was smaller than the city halls of comparable jurisdictions by between 11 and 25 percent and that space conditions are functionally and qualitatively below desirable levels. After completion of the Space Utilization Study, the City added additional temporary buildings (portable buildings or trailers), but overall the facilities are still considered to be over capacity. The City has been evaluating a solution to the problem for years. Measure B, a citizen - sponsored initiative approved by the City's voters, provided a partial solution to the problem by dictating a site for new city hall facilities. Measure B provided: "Shall the City of Newport Beach Charter be amended to require City Hall, city administrative offices and related parking to be located on City property which is bounded by Avocado Avenue on the west, San Miguel Drive on the north, and MacArthur Boulevard on the east, and Newport Beach Central Library on the south ?" The proposed project responds to and implements the community's decision, as reflected in Measure B, that a new City Hall should be located on City -owned property located between MacArthur Boulevard and Avocado Avenue. The proposed project would result in the relocation of City Hall (with the exception of the Fire Department), including all City employees and functions. The proposed project includes construction and operation of (1) an approximately 98,000- square -foot (so City Hall administration building, Community Room, and Council Chambers; (2) a 450 -space parking structure; (3) an approximately 17,000 sf expansion of the Newport Beach Central Library; (4) a dedicated 4,800 sf Emergency Operations Center (EOC); (5) a Civic Green; (6) construction of a 14.3 -acre public park that includes a dog park, wetlands area, bridges over the wetlands, lookouts, and a pedestrian overcrossing over San Miguel Drive; and (7) widening of San Miguel Drive.. Thus, the project will consolidate public services and would provide an integrated Civic Center Complex to better serve the needs of the community through enhanced access to City government buildings and the Central Library. The proposed project will include a Civic Green intended to provide space for community functions. The Civic Green would be located between the proposed parking structure and City Hall administration building, directly north of the Library Terrace and Library expansion, and would be approximately 58,000 sf. The Civic Green will be an asset to the community and would accommodate events and activities such as children's story hour, puppet shows, book discussion groups, film screenings, receptions for events and authors, evening dinner events, and Arts Commission events such as plays and art shows. The proposed project will include development of a 14.3 -acre park site. The proposed park would be predominantly located on the northern parcel and the northern portion of the central parcel (north of the Civic Center). The park and Civic Center would be integrated with appropriate landscaping transitions, pedestrian trails (trail heads), and signage. Access to the park would occur via pedestrian walkways that would meander through the park, leading visitors to various park features. The central portion of the proposed park, located south of San Miguel Drive and north of the proposed City Hall structures, would be organized around the existing wetland area and the steep slopes that form its sides. Grading limits are included in the site plan to preserve and protect the wetlands. Two steel pedestrian footbridges and one precast concrete pedestrian footbridge would span the wetlands areas connecting level areas of ground across the lowland area between them. A pedestrian overcrossing (i.e., a bridge over San Miguel Drive) would connect the north and central parcels. The pedestrian overcrossing would include stairs and an elevator on the central parcel side of the bridge and an ADA- compliant ramp on the northern parcel side of the bridge. The bottom of the pedestrian overcrossing would be approximately 20 ft above the ground surface of San Miguel Drive. Site circulation would be consistent with the requirements of the ADA and would feature accessible paths made of stabilized decomposed granite paving or asphalt that connects the various usable levels of the site. These aspects of the design further General Plan Policies R.3.1 (Adequate Access) and R.3.3 (Facility Design), which encourage and require the City to provide park and recreational for persons with disabilities and to design facilities, including trails, with consideration for views and access for persons in wheelchairs. In addition to the trail, the park would accommodate multiple other uses, including a dog recreational area. The Project will construct needed transportation infrastructure improvements. The proposed project includes improvements to San Miguel Drive, focusing on the segment between MacArthur Boulevard and Avocado Avenue. Although these intersections operate at acceptable levels of service, this segment of road has experienced operational issues due to the relatively short distance between these intersections and the relatively high number of turning movements. The improvements are proposed to provide additional capacity for the heavy afternoon eastbound left turn onto MacArthur Boulevard to reduce the amount of signal -cycle time necessary for traffic movements opposing the heavy westbound left turn onto Avocado Avenue. These physical improvements are proposed to supplement the recently implemented traffic signal coordination program in order to improve the operational efficiency of these intersections. Through widening San Miguel Drive, the following geometric improvements would be provided: • A third eastbound left -turn lane from San Miguel Drive onto MacArthur Boulevard • A third eastbound through lane at San Miguel Drive /Avocado Avenue • A de facto eastbound right -turn lane from San Miguel Drive onto MacArthur Boulevard • A de facto westbound right -turn lane from San Miguel Drive onto Avocado Avenue In addition, the southbound Avocado Avenue approach to San Miguel Drive would be restriped to provide for two left -turn lanes. 7. The project will include the construction of a centralized Emergency Operations Center. During a major emergency or disaster, centralized emergency management is essential to manage an effective response. A dedicated EOC allows for face- to-face coordination among personnel who must set priorities for the use of limited resources and evaluate the need to request mutual aid. 8. The proposed project will include a much needed library expansion component. The expansion would include a reading area, media lab, and maintenance and storage areas. The addition would be an expansion of the existing structure's northern and eastern faces. The balance of the Library expansion square footage would include a new two -story connective building that would link the grand staircase and lobby of the existing Library (a new entrance to the Library) to the Library Terrace and Civic Green. This connective addition would be designed to meet increasing Library demand for more gathering space and to create shared functions between the Library and City Hall administration building. 9. As noted in the EIR, and for the reasons stated above, the proposed project will satisfy all of the following objectives • Implement the February 2008, voters' approval of Measure B for a new City Hall, including the City Hall administration building, Community Room, Council Chambers, and a parking structure on City -owned property located between MacArthur Boulevard and Avocado Avenue. Incorporate the proposed City Hall into an overall Civic Center Complex at the proposed project site, which would include a Library Expansion, a dedicated EOC, and a Civic Green. A park and a pedestrian overcrossing linking the park areas on the northern parcel with the park areas on the central and southern parcels should also be constructed. • Accommodate the relocation of all existing City Hall uses to the proposed project site, with the exception of the Fire Station. Implement Policy R.1.9 of the City's General Plan by developing a passive park (a park without sports fields) that is integrated with the proposed Civic Center Complex. • Integrate the 3.24 -acre parcel (northern parcel) located between MacArthur Boulevard and Avocado Avenue, and north of San Miguel Drive, as a portion of the proposed public park and incorporate features that will encourage use of the proposed project site. • Provide adequate on -site parking and circulation for all City vehicles, employee vehicles, and visitors of the new Civic Center Complex uses. • Minimize costs to the City by developing the proposed Civic Center Complex on a site that does not require the condemnation of private property or result in excessive site acquisition costs to the City and that requires minimal demolition and tenant relocation. Preserve and enhance the existing on -site wetlands. Protect and enhance public views to the ocean and harbor from MacArthur Boulevard by maintaining the existing Sight Plane above the proposed project site and providing lookouts in the park plan. Improve public infrastructure on and near the proposed project site, including adjacent roadways, to both serve on -site uses and to enhance operations in the vicinity of the project. • Incorporate sustainable features into the project via innovative design techniques to achieve energy savings, water efficiency, potable water use reduction, carbon dioxide emissions reduction, operational cost savings, and improved indoor environmental quality compared to conventional construction. Construct a dedicated EOC to allow better and faster citywide and regional coordination of response to emergency events, including earthquakes, fires, floods, tsunamis, and air disasters. Expand the capacity of the Newport Beach Central Library and create a distinct linkage between the Library and the Civic Green, the parking structure, the Community Room, and the City Hall administration building to promote use of the facilities and create a unified campus through design features, including a second entry into the Library, food concession, credit union, drop -off area, shared parking, and landscaping. 10. Short -term significant and unavoidable air quality impacts would be limited to the grading and construction phase of the proposed project. 11. Approximately 89-90 percent of the project's total CO2e emissions are related to vehicle exhaust emissions. These vehicle exhaust emissions themselves are controlled by the State and federal governments and are outside the control of the City; however, the City has incorporated alternative transportation components including bicycle storage and changing rooms for employees and Civic Center visitors. 12. The enhanced energy efficiency features (e.g., LEED features and other energy - efficient improvements) incorporated into the project will result in a reduction of 332 metric tons per year of CO2e compared to conventional building design. On balance, the Newport Beach City Council finds that there are specific considerations associated with the proposed project that serve to override and outweigh the project's significant environmental impacts and the existence of an environmentally superior alternative that meets some of the project objectives. The Newport Beach City Council further finds that all feasible mitigation measures identified in the Final EIR have been and will be implemented with the Project. Therefore, any significant unavoidable effects remaining after implementation of mitigation measures, and the Newport Beach City Council's decision not to adopt the environmentally superior project alternative, are acceptable due to the above stated specific economic, social, and other considerations, based upon the facts set forth above, in the Final EIR, and in the public record of the consideration of this Project. STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing resolution, being Resolution No. 2009 -88 was duly and regularly introduced before and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 24th day of November, 2009, and that the same was so passed and adopted by the following vote, to wit: Ayes: Henn, Rosansky, Curry, Webb, Gardner, Daigle, Mayor Selich Noes: None Absent: None Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 25th day of November, 2009. City Clerk Newport Beach, California (Seal)