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Home My WebLink AboutPC2019-004 - CERTIFYING ENVIRONMENTAL IMPACT REPORT NO.ER2017-001, MAKING FACTS AND FINDINGS, AND APPROVING A MITIGATION MONITORING AND REPORTING PROGRAM FOR THE NEWPORT CROSSINGS MIXED-USE PROJECT LOCATED AT 1701 ORINTHIAN WAY; 4251, 4253 AND 4255 MARTINRESOLUTION NO. PC2019-004 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH, CALIFORNIA, CERTIFYING ENVIRONMENTAL IMPACT REPORT NO. ER2017-001, MAKING FACTS AND FINDINGS, AND APPROVING A MITIGATION MONITORING AND REPORTING PROGRAM FOR THE NEWPORT CROSSINGS MIXED-USE PROJECT LOCATED AT 1701 CORINTHIAN WAY; 4251, 4253 AND 4255 MARTINGALE WAY; 4200, 4220 AND 4250 SCOTT DRIVE; AND 1660 DOVE STREET (PA2017-107) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. An application was filed by Starboard MacArthur Square, LP, 1701 Corinthian Way; 42511 4253 and 4255 Martingale Way; 4200, 4220 and 4250 Scott Drive; and 1660 Dove Street and legally described as Lots 1 of Tract 7770, and Parcels 1 and 2 of Book 53, Page 13 of Parcel Maps ("Subject Property") requesting an approval for the development of a mixed use residential project ("Project"). The following approvals are requested or required in order to implement the project as proposed: A. Site Development Review: To ensure the site is developed in accordance with the Newport Place Planned Community Development Plan and Zoning Code development standards and regulations pursuant to Newport Beach Municipal Code ("NBMC") Section 20.52.080 (Site Development Reviews); B. Lot Line Adjustment: A lot line adjustment to reconfigure the three (3) underlying parcels that comprise the site, pursuant to NBMC Chapter 19.76 (Lot Line Adjustments). Specifically, the site would be reconfigured to create a 0.5 -acre parcel for public park purposes to be deeded to the City; a 5.08 - acre parcel for the proposed mixed-use development; and an 0.11 -acre parcel (to be owned by the Project applicant) for emergency access improvements needed to serve the proposed mixed-use building. The 0.11 - acre parcel would also include an easement dedicated to the City for access and parking for the public park. With dedication of the 0.5 -acre public park, the net project site area would be 5.19 acres; and C. Affordable Housing Implementation Plan: A program specifying how the Project would meet the City's affordable housing requirements, pursuant to the Residential Overlay of the Newport Place Planned Community. Under the Affordable Housing Implementation Plan, seventy-eight (78) units would be set aside as affordable units to lower-income households. Providing the affordable housing required by the Residential Overlay of the Newport Place Planned Community qualifies the Project for a density bonus and Planning Commission Resolution No. PC2019-004 Page 2 of 6 incentives/concessions pursuant to Chapter 20.32 (Density Bonus) of the NBMC and Government Code Section 65915 (Density Bonus Law). The AHIP includes a request for one development concession related to the bedroom mix of the affordable units and a development waiver of the 55 - foot building height limit to allow a height of 77 feet 9 inches to accommodate the parapet, rooftop mechanical equipment, elevator shafts, emergency staircase, rooftop amenity terrace, and a portion of the parking garage. . 2. The Subject Properly is located within General Commercial Site 6 and the Residential Overlay of the Newport Place Planned Community (PC -11) Zoning District and the General Plan Land Use Element category is Mixed -Use District Horizontal -2 (MU -1-12). 3. The Subject Property is not located within the coastal zone; therefore, a coastal development permit is not required. 4. A study session was held on December 6, 2018, in the Council Chambers located at 100 Civic Center Drive, Newport Beach, California, to introduce the Project to the City of Newport Beach Planning Commission ("Planning Commission"). No action was taken at the study session. Although not required, the City mailed a courtesy public notice of this study session to property owners within a three hundred (300) -foot radius of the Subject Property. 5. On Tuesday, February 5, 2019, a meeting was held with the Parks, Beaches, and Recreation Commission in the City Council Chambers, at 100 Civic Center Drive, Newport Beach, California 92660. A notice of time, place and purpose of the hearing was given in accordance with the NBMC. The Project park design and staff report were presented to the Parks, Beaches, and Recreation Commission for their comment and recommendations. Public comments regarding the park design were also taken. The agenda for the meeting was posted at City Hall and on the City's website. 6. The Planning Commission held a public hearing on February 21, 2019, in the City Hall Council Chambers, 100 Civic Center Drive, Newport Beach, California. A notice of the time, place and purpose of the aforesaid meeting was provided in accordance with CEQA and the NBMC. The environmental documents for the Project comprised of the DEIR, Final Environmental Impact Report ("FEIR") which consists of Responses to Comments, Revisions to DEIR (collectively, the "EIR"), and Mitigation Monitoring and Reporting Program ("MMRP"), the draft Findings and Facts in Support of Findings ("Findings"), staff report, and evidence, both written and oral, were presented to and considered by the Planning Commission at this hearing. Planning Commission Resolution No. PC2019-004 Page 3 of 6 SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. Pursuant to California Public Resources Code Section 21080.3.1 (AB52), the City is required to consult with California Native American tribes that have requested in writing to be informed of proposed projects in the geographic area that is traditionally and culturally affiliated with the tribe. Two tribes have requested notification in writing. The tribal contacts were provided notice on January 3, 2018. The thirty (30) -day noticing requirement under AB52 was completed on February 2, 2018 and none of the tribes responded to the City's request. 2. Pursuant to CEQA, Public Resources Code Sections 21000, et seq., the State CEQA Guidelines (14 Cal. Code of Regulations, Sections 15000 et seq.), and City Council Policy K-3 (Implementation Procedures for the California Environmental Quality Act), it was determined that the Project could have a significant adverse effect on the environment, and thus warranted the preparation of an EIR. 3. On November 1, 2017, the City, as lead agency under CEQA, prepared a Notice of Preparation ("NOP") of the EIR and mailed that NOP to responsible and trustee public agencies, organizations likely to be interested in the potential impacts, property owners within a three hundred (300) foot radius of the Property, and any persons who had previously requested notice in writing. 4. On November 16, 2017, the City held a public scoping meeting to present the project and to solicit input from interested individuals, organizations, and responsible and trustee public agencies regarding environmental issues that should be addressed in the EIR. 5. The City thereafter caused to be prepared a Draft Environmental Impact Report (No. ER2017-001, SCH No. 2017101067) ("DEIR") in compliance with CEQA, the State CEQA Guidelines and City Council Policy K-3, which, taking into account the comments it received on the NOP, described the Project and discussed the environmental impacts resulting therefrom. 6. The DEIR was circulated for a forty-five (45) day comment period beginning on November 30, 2018, and ending on January 14, 2019. 7. Staff of the City of Newport Beach reviewed the comments received on the DEIR during the public comments and review period, and prepared full and complete responses thereto, and on February 11, 2019, distributed the responses to comments in accordance with CEQA. 8. The environmental documents for the Project comprised of the DEIR, Final Environmental Impact Report (as defined below) which consists of Responses to Comments, Revisions to DEIR (collectively, the "EIR"), and Mitigation Monitoring and Reporting Program ("MMRP"), the draft Findings and Facts in Support of Findings ("Findings"), staff report, and evidence, both written and oral, were presented to and considered by the Planning Commission. Planning Commission Resolution No. PC2019-004 Page 4 of 6 9. The Final EIR ("FEIR"), consisting of the NOP, DEIR, Responses to Comments, and Mitigation Monitoring and Reporting Program attached hereto as Exhibits "A" and "C," and incorporated herein by reference, were considered by the Planning Commission in its review of the proposed Project. 10. The FEIR does not identify any significant impacts to the environment, which are unavoidable. 11. Based on the entire environmental review record, the Project, with mitigation measures, will have a less than significant impact upon the environment and there are no known substantial adverse effects on human beings that would be caused. Additionally, there are no long-term environmental goals that would be compromised by the Project, nor cumulative impacts anticipated in connection with the Project. The mitigation measures identified and incorporated in the Mitigation Monitoring and Reporting Program attached at Exhibit C), are feasible and will reduce the potential environmental impacts to a less than significant level. 12. The Planning Commission has reviewed the Revisions to the DEIR Section of the FEIR (SCH No. 2017101067) and determined that none of the new material contained in this section constitutes the type of significant new information that requires recirculation of the DEIR for further public comment pursuant to CEQA, specifically CEQA Guidelines Section 15088.5. None of the new material indicates that the project will result in a significant new environmental impact not previously disclosed in the DEIR. Additionally, none of this material indicates that there would be a substantial increase in the severity of a previously identified environmental impact that will not be mitigated, or that there would be any of the other circumstances requiring recirculation described in Section 15088.5. 13. The Planning Commission has read and considered the EIR and has found that the EIR considers all potentially significant environmental effects of the Project and is complete and adequate, and fully complies with all requirements of CEQA and the State and local CEQA Guidelines. 14. The Planning Commission finds that judicial challenges to the City's CEQA determinations and approvals of land use projects are costly and time consuming. In addition, Project opponents often seek an award of attorneys' fees in such challenges. As Project applicants are the primary beneficiaries of such approvals, it is appropriate that such applicants should bear the expense of defending against any such judicial challenge, and bear the responsibility for any costs, attorneys' fees, and damages which may be awarded to a successful challenger. SECTION 3. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby certifies Environmental Impact Report No. ER2017-001 (SCH No. 2017101067), which is Planning Commission Resolution No. PC2019-004 Page 5 of 6 attached hereto as Exhibit "A" and incorporated herein by reference. EIR No. ER2017-001 consists of the NOP, Draft EIR, appendices, Responses to Comments, and Revisions to the Draft EIR. 2. The Planning Commission has reviewed and hereby adopts the "CEQA Findings of Fact for the Newport Crossings Mixed Use Project, Final Environmental Impact Report," attached hereto as Exhibit "B" and incorporated herein by reference in accordance with 14 California Code of Regulations, Section 15091 and the California Public Resources Code Section 21081. 3. The Planning Commission of the City of Newport Beach hereby approves the Mitigation Monitoring Report Program attached hereto as Exhibit "C" and incorporated herein by reference. 4. The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution. 5. If any section, subsection, sentence, clause or phrase of this resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this resolution. The Planning Commission hereby declares that it would have passed this resolution, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. 6. This action shall become final and effective fourteen (14) days following the date this resolution was adopted unless within such time an appeal is filed with the City Clerk in accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. Planning Commission Resolution No. PC2019-004 Page 6 of 6 PASSED, APPROVED, AND ADOPTED THIS 21ST DAY OF FEBRUARY, 2019. AYES: Ellmore, Koetting, Lowrey and Weigand NOES: None ABSTAIN: Kleiman, Kramer and Zak ABSEIPF-:--� None :A M Exhibit A: Environmental Impact Report No. ER2017-001 Exhibit B: CEQA Findings of Fact for the Newport Crossings Mixed Use Project Final Environmental Impact Report Exhibit C: Mitigation Monitoring Report Program Exhibit "A" Environmental Impact Report EIR SCH No. 2017101067 • Notice of Preparation • Environmental Analysis • Alternatives Analysis • Appendices • Responses to Comments • Revisions to Draft EIR (Available separate due to bulk and at http://newportbeachca. pov/cepa) Exhibit "B" CEQA Findings of Fact for the Newport Crossings Mixed Use Project Final Environmental Impact Report Exhibit "C" Mitigation Monitoring Report Program