HomeMy WebLinkAbout83-92 - General Plan Amendment 82-2 Land Use ElementResolution No. 83 -92
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH APPROVING AMENDMENTS TO THE LAND USE
ELEMENT OF THE NEWPORT BEACH GENERAL PLAN (GPA 82 -2)
• WHEREAS, Section 707 of the Charter of the City of Newport
Beach provides that the City Council., upon recommendation of the
Planning Commission, may amend the General Plan or any part or
element or map thereof; and
WHEREAS, the General Plan of the City of Newport Beach
contains, among other elements, the Land Use Element and map which
will serve as a guide for future planning and development of the
City; and
WHEREAS, the Planning Commission has held public hearings
at which it considered an amendment to the Land Use Element and map
and adopted Resolution No. 1095, recommending to the City Council
certain changes and amendments in said element and map; and
WHEREAS, the City of Newport Beach has prepared a final
Environmental Impact Report (EIR) in compliance with CEQA and the
State EIR Guidelines; and
WHEREAS, the City Council has reviewed and considered the
certified Final EIR in making its decision on the proposed amendments
to the Newport Beach General Plan; and
WHEREAS, the City Council by this Resolution adopts the
Statement of Facts and Statement of Overriding Considerations as
required by the State EIR Guidelines; and
WHEREAS, the City Council desires to adopt certain
amendments to the Land Use Element and map of the Newport Beach
General Plan, as set forth below.
• NOW, THEREFORE BE IT RESOLVED by the City Council of the
City of Newport Beach as follows:
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 and incorporated herein by this reference.
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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 mitigated or avoided have been avoided or mitigated by the
imposition of conditions on the approved General Plan Amendment and
the imposition of mitigation measures as set forth in the Mitigation
Measures attached hereto and incorporated herein by this reference.
6. The City Council finds that potential mitigation
measures or 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 General Plan Amendment 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 attain the basic objectives of the project, even when these
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
and
incorporated herein by this reference.
•
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 mitigated or avoided have been avoided or mitigated by the
imposition of conditions on the approved General Plan Amendment and
the imposition of mitigation measures as set forth in the Mitigation
Measures attached hereto and incorporated herein by this reference.
6. The City Council finds that potential mitigation
measures or 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 General Plan Amendment 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 attain the basic objectives of the project, even when these
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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 proposed 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 General Plan Amendment 82 -2 (Four Seasons) , the Planning
Commission and the environmental documents evaluated a range of
alternative development options and the project, as approved by this
Resolution, is included within that range of alternatives.
Therefore, the City Council finds that it is not necessary to refer
the General Plan Amendment back to the Planning Commission for report
and recommendation. The City Council has considered the
recommendations of the Planning Commission in its decision on the
project.
12. The City Council finds and determines that the Final
Environmental Impact Report consists of the following documents:
a) Four Seasons Hotel GPA 82 -2, including Technical
Appendices.
• b) Attachments to the Draft EIR, including comments and
responses and additional information.
c) Planning Commission Staff Reports with attachments and
exhibits.
d) Planning Commission Minutes.
e) City Council Staff Reports with attachments and
exhibits.
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f) City Council Minutes.
g) Comments and responses received prior to final action
and not contained in a) through f) above.
All of the above information has been and will be on file
• with the Planning Department, City of Newport Beach, City Hall, 3300
West Newport Boulevard, Newport Beach, California 92663, (714)
640 -2197.
BE IT FURTHER RESOLVED by the City Council of the City of
Newport Beach that the Land Use Element and map are hereby amended as
indicated in Attachment A, Exhibit 6, and the following land uses,
conditions, mitigation measures, policies, and limits on future
development of the project site are established:
1. Construction of 325 hotel rooms with related facilities,
including a ballroom, meeting rooms, as well as other administrative
and service facilities, and construction of a 574 -space subterranean
parking structure.
2. Conditions to allow construction are as follows:
a)
That, prior to the occupancy of any portion of the
project facilities other than those designed for
parking, the circulation system improvements described
in Table 8, Page 14 of the Appendix D "Traffic
Analysis" of the "Draft EIR Four Seasons Hotel - GPA
82 -2," shall have been made (unless subsequent project
approval requires modification thereto). The
circulation system improvements shall be subject to
the approval of the City Traffic Engineer.
b)
That, prior to issuance of any permit for the project,
the applicants shall pay their "fair share" of the
•
ultimate improvements to the circulation system as has
been determined by the City.
c)
That all attached mitigation measures shall apply to
project implementation.
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ATTES
u
City Clerk
9/22/83
FT /kk
•
ADOPTED THIS 12th day of September , 1983.
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Mis. i
d)
That the Four Seasons Hotel shall
pay its
financial
obligations as described in the
Staff
Report of
September 12, 1983.
e)
That the off -site parking agreement
shall be
reviewed
by the City Council.
•
f)
That Condition No. 39 of Site Plan
Review
No. 32 be
deleted.
ATTES
u
City Clerk
9/22/83
FT /kk
•
ADOPTED THIS 12th day of September , 1983.
/ �
Mis. i
ATTACHMENT A
Exhibit 6
LAND USE ELEMENT
(Underlined type indicates change)
•
Office Medical
2,986,256
sq.ft.
A b)
additional floor area above
the 153,300 square feet base,
sq.ft.
shall be permitted only upon
showing
by the developer that
seats
special measures are incorporated
into the development
936
which minimize any additional
traffic
impact resulting from
704
the additional floor area.
f)
Civic /Cultural
Mixed Administrative, Professional, Financial
Recreational Commercial Area:
This area would provide for a continuation of office uses
and would also be suitable for such recreational commercial
uses as: Restaurant, hotels and motels, tennis and health
clubs, etc. Hotels shall be permitted subject to the site
plan review and the limitations on total development.
Parking for hotels shall be as established by the Zoning
Code or as established by a demonstrated formula approved
by the Planning Commission in conjunction with the approved
site plan review.
Governmental, Educational, and Institutional Facilities
Area:
The areas designated "Governmental, Educational, and
Institutional Facilities" include the existing fire station
and police facility.
Total development in Newport Center shall not exceed the
following limits for each total category of development:
a)
Office Medical
2,986,256
sq.ft.
A b)
Commercial /Retail & Restaurant
1,250,000
sq.ft.
c)
Theatre
3,750
seats
d)
Hotel
936
rooms
e)
Residential
704
DU's
f)
Civic /Cultural
106,100
sq.ft.
(+ Miscellaneous Golf Club
and Tennis Club)
•