Loading...
HomeMy WebLinkAbout86-44 - Point Del Mar Planned CommunityRESOLUTION NO. 86 -44 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH CERTIFYING AS COMPLETE AND ADEQUATE THE FINAL ENVIRONMENTAL IMPACT REPORT FOR THE POINT DEL MAR PLANNED COMMUNITY WHEREAS, the Draft Environmental Impact Report provided environmental impact assessment for the Zoning Amendment, Traffic Study and Tentative Tract Map relative to the Point del Mar Planned Community; and WHEREAS, the DEIR was prepared in accordance with the California Environmental Quality Act (CEQA) , the State EIR Guidelines and City Council Policy K -3; and WHEREAS, the DEIR was circulated to the public for comment and review; and WHEREAS, the DEIR was reviewed by the Citizens' Quality of Life Advisory Committee (CLAC); and WHEREAS, written comments were received from the public during and after the public review period; and WHEREAS, the Planning Commission of the City of Newport Beach conducted public hearings to receive all public testimony with respect to the DEIR; and WHEREAS, such comments and testimony were responded to through Response to Comments (Attachment No. 1 to the DEIR) and staff reports submitted to the Planning Commission and City Council; and WHEREAS, such comments and testimony were fully and adequately responded to in the manner set forth in California Administrative Code Section 15146(b); and WHEREAS, the Planning Commission of the City of Newport Beach has reviewed all environmental documentation comprising the EIR and has found that the EIR considers all environmental impacts of the proposed Point del Mar Planned Com- munity, Traffic Study and Tentative Tract Map and is complete and adequate and • fully complies with all requirements of CEQA and the CEQA Guidelines; and WHEREAS, the Planning Commission of the City of Newport Beach recommended to the City Council that the EIR be certified as adequate and complete; and WHEREAS, the City Council has reviewed all environmental documentation prepared to evaluate the proposed project, including all elements of the Final EIR and the recommendation of the Planning Commission; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that: 1. The City Council makes the Findings contained in the Statement 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 Considera- tions 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 identifies 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 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 substantially 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. - 2 - 8. The City Council finds that the Final EIR has described all reason- able 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 consid- ered 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 process on the Point del Mar Planned Community, Traffic Study and the Tentative Tract Map, the Planning Commission and the environmental documents evaluated a range of alternatives and the project, as approved by this Resolution, is included within that range of alternatives. The City Council has considered the recommendation of the Planning Commission in its decision on the project. NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council does hereby certify the Final EIR for the Point del Mar Planned Community and Tentative Tract Maps as complete and adequate in that it addresses all environmental effects of the proposed project and fully complies with the requirements of the California Environmental Quality Act and the CEQA Guidelines. Said Final EIR is composed of the following elements: • a) Volume I - Draft EIR and Technical Appendices b) Attachment 1, including comments, responses and additional information c) Planning Commission Staff Reports d) Planning Commission Minutes e) City Council Staff Reports f) City Council Minutes g) City Council Resolution and Ordinance h) Comments and responses received prior to final action and not contained in a) through g) above. - 3 - • • 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 9th day of June , 1986. ATTEST; • • �• /` j PLT /kk 6/9/86 CC17 - 4 - 4 FINDINGS AND FACTS IN SUPPORT OF FINDINGS FOR SIGNIFICANT ENVIRONMENTAL EFFECTS OF THE PROJECT EFFECTS DETERMINED TO BE INSIGNIFICANT The proposed projects generation of nine students was determined to be an insignificant impact. EFFECTS DETERMINED TO BE MITIGABLE TO A LEVEL OF INSIGNIFICANCE LAND USE /AESTHETICS Significant Effect The project will convert the site from vacant land to residential use. This will change the visual character of the site from an open grassy character to a suburban residential setting. Finding Finding 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. 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 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 Department, and the Public Works Department. 2. The landscape plan shall include a maintenance program which con- trols 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. The development shall be in substantial conformance with the approved plot plan, floorplans, elevations, and sections. 5. The project shall be designed to eliminate light and glare spillage onto adjacent properties. 6. Sinage and exterior lighting shall be approved by the Planning-De- partment and the Public Works Department. 7. All mechanical equipment, vents, and other service equipment shall be shielded and screened from view by architectural features. 8. A plan depicting the exact location, height, and type of material for all walls separating the project from adjacent uses shall be • submitted to the City for review and approval prior to the approval of any grading and /or building permits. The plan shall be approved by the Planning Department and the Public Works Department. Exhibit 1 1 CEQA STATEMENT OF FINDINGS AND FACTS POINT DEL MAR SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT 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 CERTIFICATION • OF AN ENVIRONMENTAL IMPACT REPORT, AND APPROVAL OF A TRAFFIC STUDY, AND TENTATIVE TRACT MAP NO. 12209 FOR THE POINT DEL MAR PROJECT, '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 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, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the Final EIR (Section 15091 of the Guidelines)." The City of Newport Beach is considering approval of development of the Point del Mar site. The project includes a zone amendment, traffic phasing plan, and tentative tract map. Because the proposed actions constitute a project under the CEQA Guidelines, the City of Newport Beach has prepared an Environmental 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: • 4 2. Prior to occupancy of any unit, a qualified acoustical engineer shall be retained by the City at the applicants 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. All construction activities shall be limited to the hours of 7 a.m. to 7 p.m., Monday through Friday, and 8 a.m. to 5 p.m. on Saturday and Sunday. 4. Any mechanical equipment and emergency power generators will be screened from view and shall be sound - attenuated so as not to exceed 55 dba at the property line. 5. The units that are located inside the 65 CNEL contour and have any partial view of Pacific Coast Highway or MacArthur Boulevard shall be mitigated to experience outdoor 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 Point del Mar project. 6. Noise barrier heights presented on page 64 and illustrated in Exhibit 23 shall be integrated into the project design. Walls shall be of heights are specified in the EIR, constructed of masonry material, and approved by the City prior to issuance of building permits. SIGNIFICANT ENVIRONMENTAL EFFECTS WHICH CANNOT BE AVOIDED IF THE PROJECT IS IMPLEMENTED TRANSPORTATION AND CIRCULATION Sig-nificant Effect The project will generate 430 daily trip ends (ADT). 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. Findins Finding 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. Facts in Supvort of Finding 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. Prior to approval of Tentative Tract Map No. 12209, the project shall comply with the City of Newport Beach Updated Traffic Ordinance (TPO revised 1986). Said compliance shall first be approved by the City via acceptance of a revised traffic report prepared in accordance with guidelines for the updated TPO. • 2. The project shall be required contribute to a sum equal to its its "fair share" of future circulation system improvements as shown on the City's Master Plan of Streets and Highways and other mitigation measures as may be required. 3 9. Perimeter walls constructed for screening or sound attenuation pur- poses shall be designed in an aesthetically pleasing manner, such as slumpstone or stucco block with a brick or stone cap. , In no event shall fences such as grape- stake, common cinderblock or chain link be allowed. TRANSPORTATION AND CIRCULATION Significant Effect The project will generate 430 daily trip ends (ADT). Finding Finding 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. Facts in Support of Finding 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. Prior to approval of Tentative Tract Map No. 12209, the project shall comply with the City of Newport Beach Updated Traffic Ordinance (TPO revised 1986). Said compliance shall first be approved by the City via acceptance of a revised traffic report prepared in accordance with guidelines for the updated TPO. 2. The project shall be required contribute to a sum equal to its "fair share" of future circulation system improvements as shown on the City's Master Plan of Streets and Highways and other mitigation measures as may be required. ONSITE NOISE Significant Effect Unacceptable onsite future noise MacArthur Boulevard and East Coast uses. Findings levels will result from traffic volume on Highway effecting onsite residential Finding 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. Facts in Support of Findings The _significant effect has been substantially lessened to a level of insignificance by virtue of the Standard City Policies and Requirements and Mitigation Measures identified in the Final EIR. r1 �i 1. Prior to issuance of building permits for each of the planned units, an acoustical engineering study 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. Exhibit 1. 1 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 benefits 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 ill 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 develop- ment. 5. The density of the project is similar to allowable densities in the ad- jacent 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. 7. The proposed project supports the City's responsibility to designate sufficient vacant land for residential use with appropriate standards to produce housing at the lowest possible cost consistent with.Section 65913 of the Government code. 8. The project does not have a traffic impact as defined by the Traffic Phasing Ordinance. 9. The proposed project will contribute to a fair share of roadway im- provements, specifically the City's Fair Share Traffic contribution ordinance #8416, and the San Joaquin Hills Transportation Corridor Fee Program. 10. The design of the project includes a landscaped area ranging from a width at a minimum of 25 feet to a maximum of 72 feet along the MacArthur Boulevard edge of the project. No structures will be allowed within this area. If widening of MacArthur Boulevard is ever necessary, all widening will occur on the north side of MacArthur Boulevard. This will assure that the 25 -72 foot landscape area will remain untouched. 11. The only impact identified as significant associated with this project is regional in nature and the project's cumulative contribution to the impact is considered acceptable from a regional perspective. 12. Alternatives to the proposed project described in the EIR, with the ex- ception of the "No- Development" alternative would not avoid unmitigated environmental effects. • 5 The applicant is required by the City's Fair Share Traffic Contribution Ordinance #8416 (Chapter 15.38- Municipal Code) to provide a monetary contribution to the City for use in the construction of 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 congestion of the circulation system. • Regarding regional roadways, the applicant is required to participate in the City's adopted San Joaquin Hills Transportation Corridor Fee Program. The Program is consistent with the Orange County San Joaquin Hills Transportation Corridor Fee Program, established to fund construction of the Transportation Corridor to improve regional roadway capacities and traffic congestion. 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 identified 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 remain- ing unavoidable significant effect than to the overriding considerations. u