Loading...
HomeMy WebLinkAbout2010 - 30 - Sunset Ridge ParkRESOLUTION NO. 2010 -30 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS AND APPROVING THE SITE PLAN FOR THE SUNSET RIDGE PARK PROJECT WHEREAS, in accordance with the California Environmental Quality Act ( "CEQA ") (Public Resources Code Section 21000, et seq) and its implementing State regulations (CEQA Guidelines) (14 Cal. Code of Regulations, Sections 15000 et seq.) the City of Newport Beach prepared an Environmental Impact Report (State Clearinghouse No. 2009051036) for the Sunset Ridge Park Project ( "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 ( "FEIR ") on March 23, 2010, by adopting certain CEQA Findings of Facts contained in Resolution No. 2010 -29, which are hereby incorporated by reference; and WHEREAS, the FEIR 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, adopting Resolution No. 2010 -29, has made the findings mandated by CEQA (14 Cal. Code of Regulations, Sections 15000 and 15091). In particular, the City 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 FEIR 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 fully mitigate 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 City 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, attached as "Exhibit A" entitled "Statement of Overriding Considerations," which exhibit is incorporated herein by reference. SECTION 2. Approval of Conceptual Site Plan. The City Council hereby approves the Conceptual Site Plan for the Project, identified as Exhibit 3 -9 in Volume I of the FEIR, incorporated herein by reference. Further refinement of the Site Plan is anticipated provided it is deemed in substantial conformance with the Conceptual Site Plan and subject to the City Council's review and approval with the final plans and bid specifications. PASSED, APPROVED, AND ADOPTED this 23rd day of March 2010. Keith D. Curry, Mayor ATTEST: 'i V } Leilani I. Brown, City Clerk "EXHIBIT A" STATEMENT OF OVERRIDING CONSIDERATIONS SUNSET RIDGE PARK PROJECT A. Introduction The City of Newport Beach is the Lead Agency under CEQA for preparation, review and certification of the FEIR 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: (a) CEQA requires the decision - making agency to balance, as applicable, the economic, legal, social, technological, or other benefits of a 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 ". (b) 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. (c) 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, 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, none of which meets the Project objectives and is environmentally preferable to the proposed Project for the reasons discussed in the Findings of Fact (attached as "Exhibit A" of Resolution No. 2010 -29). The Newport Beach City Council, acting as Lead Agency, and having reviewed the FEIR for the Sunset Ridge Park Project and Conceptual Site Plan, 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 of Fact, 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. These impacts are described below and were also addressed in the Findings of Fact. The Final EIR identified the following unavoidable adverse impacts of the proposed Project: AIR QUALITY Impact No. 46: Construction Emissions and Criteria Pollutants Temporary impacts would result from Project construction activities. Grading activities associated with the Sunset Ridge Park Project would result in short-term construction emissions of PM10 and PM 2.5 (particulate matter with an aerodynamic diameter equal to or less than 10 microns or 2.5 microns, respectively). NOx (nitrogen oxide) emissions would be significant and unavoidable on days when, and if, soil is exported to distant greater than 20 miles from the Project site. These short-term impacts would be reduced with implementation of the mitigation but not to a level considered less than significant. Impact No. 47: Sensitive Receptors The Sunset Ridge Project would expose sensitive receptors to substantial pollutant concentrations during construction. These short-term impacts would be reduced with implementation of the mitigation but not to a level considered less than significant. NOISE Impact No. 48: Construction Noise The Sunset Ridge Park Project would generate temporary noise impacts. Construction of the Project would result in a temporary significant and unavoidable noise impact to the residences adjacent to the Project site from the use of mobile grading equipment. Despite the application of the Mitigation Program, which lessens the significant environmental effect as identified in the EIR, the Project's short-term noise impact cannot be reduced to less than significant. C. Public Benefits The City of Newport Beach in balancing the specific economic, social, technological and other benefits of the proposed Sunset Ridge Park Project and Site Plan, has determined that the unavoidable impacts identified above, which would result in short-term construction - related air quality and noise impacts, and which impacts would cease upon completion of construction, are considered acceptable due to the following specific considerations that outweigh the unavoidable, adverse environmental impacts of the proposed Project. A. The Project's unmitigable impacts are associated exclusively with short-term construction - related air quality and noise effects. While these are unavoidable impacts, these impacts would cease upon completion of construction activities. B. The Project provides needed active and passive parkland in the City, particularly to meet the needs in West Newport Beach. The City has an existing citywide park deficiency (exclusive of beach recreation acreage) of 67.7 acres, 53.4 acres of which is in Service Area 1, West Newport. This is based on the standard of 5 acres of parkland per 1,000 persons. Service Area 1 (which includes the Project site) is generally bound on the north by the Newport Terrace Condominium development and the Newport Banning Ranch property; on the south by the Pacific Ocean; on the northeast by the City of Costa Mesa; on the east by Newport Boulevard; and on the west by the Santa Ana River. The service area extends to the southeast to include a portion of the Balboa Peninsula (east of the Newport Pier). With the inclusion of beach acreage, there is not a citywide deficit. Even with the inclusion of beach recreation acreage, a 19.4 -acre deficiency occurs in West Newport. The General Plan Recreation Element states "There is a future park site identified in this service area, Sunset Ridge Park which is designated as an active park to include ball fields, picnic areas, a playground, parking, and restrooms ". The City purchased the property from the State to provide a park in this location. C. The Project is proximate to existing residential areas and can be accessed via existing bike trails and public transportation. On -site parking would be provided. D. The Project's proposed landscaping and design minimizes to the degree feasible significant environmental impacts while providing usable active park space. Opportunities for habitat preservation, restoration, and mitigation would be provided. A. CONCLUSION The City hereby finds that all feasible mitigation measures identified in the Final EIR have been and will be implemented with the Project, and that any significant unavoidable effects remaining 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 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. 2010 -30 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 23rd day of March, 2010, and that the same was so passed and adopted by the following vote, to wit: Ayes: Selich, Rosansky, Henn, Webb, Gardner, Daigle, Mayor Curry Noes: None Absent: None Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 24th day of March, 2010. y4W City Clerk Newport Beach, California (Seal)