HomeMy WebLinkAbout84-17 - General Plan Amendment 83-2ARESOLUTION NO. 84 -17
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT
BEACH APPROVING AMENDMENTS TO THE LAND USE, RESIDENTIAL
GROWTH, AND RECREATION AND OPEN SPACE- ELEMENTS OF THE
NEWPORT BEACH GENERAL PLAN FOR THE CORONA DEL MAR HOMES
• SITE (GENERAL PLAN AMENDMENT 83 -2(a))
WHEREAS, Section 707 of the Charter of the City of Newport Beach provides
that the City Council, upon recommendation by the Planning Commission, may
amend the General Plan, or any part or element, or map thereof; and
WHEREAS, as part of the development and implementation of the City's
General Plan, the Land Use, Residential Growth, and Recreation and Open Space
Elements have been prepared; and
WHEREAS, said elements of the General Plan set forth objectives and
supporting policies which serve as a guide for the future development of the
City of Newport Beach; and
WHEREAS, pursuant to Section 707 of the Charter of the City of Newport
Beach, the Planning Commission has held a public hearing to consider certain
amendments to the above referenced elements of the Newport Beach General Plan
and adopted Resolution No. 1108, recommending to the City Council certain
changes and amendments in said elements= and
WHEREAS, the City of Newport Beach has, in the General Plan Housing
Element, established policies to increase the production of housing in the
community and to provide affordable housing opportunities in the City; and
WHEREAS, the City recognizes its 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; and
WHEREAS, it is the goal of the City to provide a balanced community, with
a variety of housing types and designs and housing opportunities for all
economic segments of the community; and
WHEREAS, it is the goal of the City to preserve and increase affordable
housing for low and moderate income households; and
WHEREAS, it is the policy of the City to eliminate constraints to housing
production and increase allowed density, wherever possible; and
WHEREAS, it is the policy of the City to provide incentives to the
building industry to facilitate the provision of housing for low and moderate
income households; and
-1-
WHEREAS, the City of Newport Beach recognizes the unique opportunity to
provide affordable housing on the Corona del Mar Homes site; and
WHEREAS, the residential use on the Corona del Mar Homes site will
promote and assist in the development of housing for low and moderate income
households; and
• WHEREAS, the residential use on the Corona del Mar Homes site will
promote housing opportunities for all persons regardless of race, religion,
sex, marital status, ancestry, national origin, or color; and
WHEREAS, the residential use on the Corona del Mar Homes site will
provide for the development of a variety of housing types and products for all
income levels of the community; and
WHEREAS, the City of Newport Beach recognizes the opportunity to require
provision of affordable housing either on site in conjunction with residential
development in the City; and
WHEREAS, The City of Newport Beach has prepared a final Environmental
Impact Report (EIR) in compliance with the California Environmental 'Quality
Act (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 amendment 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 Sections 15088
and 15089 of the State EIR Guidelines; and
WHEREAS, the City Council desires to adopt certain amendments to the Land
Use, Residential Growth, and Recreation and Open Space Elements and Maps 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 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
iswith
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-
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 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
General Plan Amendment 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
-3-
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 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
-3-
Council finds that a good faith effort was made to incorporate alternatives in
the preparation of the draft EIR and all reasonable alternatives where
considered in the review process of the final EIR and ultimate decisions on
the project.
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 83 -2(a), the Planning Commission and the environmental
documents evaluated a range of alternative land uses and intensities 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 recommendation 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) Volume I - Draft EIR and Technical Appendices
b) Attachment No. 1, including comments, responses and additional
information, Planning Commission Staff Reports, Planning Commission
Minutes, and Planning Commission Resolutions
c) City Council Staff Reports
d) City Council Minutes
e) City Council Resolutions and Ordinance
f) Comments and responses received prior to final action and not
contained in a) through i) above.
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 92663, (714) 640 -2197.
-4-
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
General Plan Amendment 83 -2(a), the Planning Commission and the environmental
documents evaluated a range of alternative land uses and intensities 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 recommendation 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) Volume I - Draft EIR and Technical Appendices
b) Attachment No. 1, including comments, responses and additional
information, Planning Commission Staff Reports, Planning Commission
Minutes, and Planning Commission Resolutions
c) City Council Staff Reports
d) City Council Minutes
e) City Council Resolutions and Ordinance
f) Comments and responses received prior to final action and not
contained in a) through i) above.
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 92663, (714) 640 -2197.
-4-
BE IT FURTHER RESOLVED by the City Council of the City of Newport Beach
that the Land Use, Residential Growth, and. Recreation and Open Space
Elements and Maps are hereby amended, establishing land uses, policies and
constraints on future development as shown on Exhibit 3 and Exhibit 4
attached.
•
ADOPTED this 12th day of March, 1984.
ATTEST:
•
all-
-5-
Exhibit 1
CEQA FINDINGS AND STATEMENT OF FACTS
FEBRUARY, 1984
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 APPROVAL OF GENERAL PLAN AMENDMENT 83 -2(a) ,
LOCAL COASTAL PROGRAM AMENDMENT NO. 4, AMENDMENT N0.
599, AND COASTAL RESIDENTIAL DEVELOPMENT PERMIT NO.
5.
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 environmental impact report has been completed and which
identifies one or more significant effects of the project unless
the public agency makes one or more of the following written
findings for each of the significant effects, accompanied by a
statement of facts supporting each finding. The possible findings
are:
Changes or alterations have been required in, or incor-
porated into, the project which mitigate or avoid the
significant environmental effects as identified in the
Final EIR.
2. Such changes or alterations are within the responsi-
bility 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 alterna-
tives identified in the Final EIR (Section 15090 of the
Guidelines).
The City of Newport Beach proposes to approve development of 39
dwelling units in the Corona del Mar area (Lots No. 1 -22, Block
531, Lots No. 1 -22, Block 631). Because the proposed actions
constitute a project under CEQA and the Guidelines, the City of
Newport Beach has prepared an Environmental Impact Report (EIR).
This EIR has identified certain significant effects which may
occur on a cumulative basis in conjunction with this project and
other past, present, and reasonably foreseeable future projects.
Further, the City Council 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 made:
•
EFFECTS DETERMINED TO BE MITIGABLE TO A LEVEL OF INSIGNIFICANCE
SURROUNDING LAND USE
Impacts
The addition of 90 dwellings will be a more intense land use than
that of the former school site.
Findings
1. Changes, alterations, and other measures have been made in or
incorporated into the project, or are otherwise being imple-
mented, which will mitigate this impact to a level of insig-
nificance in that:
a. Landscaping and design will mitigate the appearance of
the new units.
b. Four affordable housing units will be provided according
to the requirements of the City of Newport Beach:.
c. The project will be of a density comparable to but less
than the surrounding area.
AIR QUALITY
Impacts
Project motor vehicles will cause an incremental increase in
polluting emissions, mainly carbon monoxide. During construction
there will be a temporary increase in released pollutants, includ-
ing acid fog incidents.
Findings
1. No Mitigation measures are required.
2. Efforts are under way regionally involving a numer of other
public agencies to maintain air quality for the South Coast
Air Basin at acceptable levels, including an Air Quality
Management Plan.
3. Specific economic, social, or other considerations make
infeasible mitigation measures or project alternatives not
selected in that:
a. Implementation of all project alternatives will create
an environmental effect similar to that of the project.
Differences will be roughly proportional to the number
and types of buildings permitted, hence the number of
motor vehicles serving the project.
•
4. The remaining enviromental effect is acceptable when bal-
anced against the facts set forth in the Statement of Over-
riding Considerations made below, giving greater weight to
the remaining, unavoidable significant effect, and in view of
the following fact.
a. Impacts identified are considered significant only on a
cumulative basis resulting from the proposed project in
association with other projects occurring on a local and
regional scale.
5. Mitigating air quality problems associated with any residen-
tial development depends upon the effectiveness of public
education, the cost of living, and the vagaries of human
nature. It is difficult, if not impossible, to force people
to maintain their motor vehicles in good operating condition;
to conserve energy (hence reducing emissions from space and
water heating, as well as power plants); to cut down un-
necessary driving; to barbecue outdoors less often; etc.
Perhaps some of these actions can be accomplished through
effective homeowners associations, the local and regional
press, the schools, parental guidance and example, and com-
munity leaders setting good examples.
6. A watering and sweeping program shall be submitted with the
grading plan to insure minimization of dust from construction
activities.
r�
�i
SIGNIFICANT ENVIRONMENTAL EFFECTS WHICH CANNOT BE
AVOIDED IF THE PROJECT IS IMPLEMENTED
TRAFFIC
• Impacts
The Traffic Study lindicates that the project generated traffic
will be greater than one percent of the existing traffic during the
2.5 hour peak period on one leg of the critical intersections. The
intersection will have an unsatisfactory level of service with an
ICU of greater than 0.90.
Findings
1. Changes, alterations, and other measures have been made in or
incorporated into the project, or are otherwise being imple-
mented, which will mitigate this impact to a level of insig-
nificance in that:
a. The project shall contribute to the "fair- share" of future
circulation system improvements and noise wall funds. In
lieu of a monetary contribution the applicant shall dedicate
the public open space area and improve said area with a
public park and parking lot facility to the satisfaction of
the City. These improvements shall include: final grading,
.preparation of final working drawings for all irrigation and
landscaping, soil preparation, curbs, gutters, asphalt,
Istriping, irrigation, installation of grass, trees and shrubs.
:In no event shall the cost of improvements to the park exceed
$10,000.
b. The project is reduced from 41 units to 40 units, a 2.58
reduction..
c. The Pacific Coast Highway area of Corona del Mar is a
designated planned deficiency.
d. All�ys shall be 20 feet in width.
e. Pedestrian access shall be facilitated by sidewalks on
site.
0
C J
Exhibit 2
STATEMENT OF OVERRIDING CONSIDERATIONS
The California Environmental Quality Act requires a public agency
to balance the benefits of a proposed project against its unavoid-
able environmental risks in determining whether to approve the
project. The City of Newport Beach has determined that the
unavoidable environmental 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 represents the expansion of an existing
use located in a developed area where adequate facilities and
services are available.
2. The proposed project is consistent and compatible with other
existing and proposed uses in the vicinity of the project and
the community in general.
3. Alternatives to the proposed project described in the EIR
would not avoid unmitigated environmental effects because
all alternatives except the no project alternative involve
expansion of the existing use.
4. All impacts identified as significant which are associated
with this project are regional in nature, and the project's
cumulative contribution to those impacts is considered nom-
inal and acceptable from a regional perspective.
5. The proposed project implements the City Housing Element
objectives as follows:
a. To promote and facilitate the improved capability of the
private housing industry to produce and provide housing
for the population of the city.
b. To promote the development of an increased level of new
housing production, consistent with sound planning and
environmental standards.
c. To achieve an appropriate balance between employment and
housing.
d. To promote and assist in the development of housing for
low and moderate income households.
e. To promote housing opportunities for all persons regard-
less of race, religion, sex, marital status, ancestry,
natural origin, or color.
f. To provide for the development of a variety of housing
types and products for all income levels of the commun-
ity.
•
0
Specific Statement Overriding Traffic Impacts and the Traffic
Phasing Ordinance
6. The project is located in an area of the City already
designated a "planned deficiency." The project site repre-
sents one of the last available parcels in Corona del Mar for
development. Retention of this parcel as a non - residential
use will not ameliorate the planned deficiencies anticipated
for roadways in this vicinity.
7. The project has been reduced from 41 units t040 units to
mitigate, as much as is feasible, the adverse traffic effects
which will be realized by the introduction of traffic into, an
area of planned deficiency.
8. The project shall contribute to the "fair- share" of future
circulation system improvements and noise wall funds. In
lieu of a monetary contribution the applicant shall dedicate
the public open space area and improve said area with a
public park and parking lot facility to the satisfaction of
the City. These improvements shall include: final grading,
preparation of final working drawings for all irrigation and
landscaping, soil preparation, curbs, gutters, asphalt,
striping, irrigation, installation of grass, trees and shrubs.
In no event shall the cost of improvements to the park exceed
$10,000.
9. The project will, by allowing the sale of a surplus school
site, generate revenue for the Newport Mesa Unified School
District.
10. The property will be returned to the property tax rolls and
generate additional property tax revenues.
i
11. Four affordable housing units will be provided in the deve-
lopment.
12. The project will dedicate land to the City for public open
space.
13. The project provides an area which can be used for a public
parking lot offsetting areawide impacts by providing parking
relief to this area.
EXHIBIT 3
ALAZA o Agr tom_
JCLN"& Se voCas�t.
m�
Land Use Element '! O u. 1 A 0
General Plan Amendment 83 -2(a) r]
Adopted March 12, 1984 (�L (�
Resolution No. 84 -17
0
.C�V10,MC3C�DQ QIIIII
4� rDGN V�CI DNE� o
CO CO
annnn "�@0
or
The language of the Land Use Element and the accompanying map shall be amended
to designate the former Corona del Mar Homes site for Multiple- Family
Residential use with a maximum of 40 dwelling units.
1. That 4 units shall be affordable to a county median income family.
2. That project shall contribute to the "fair- share" of future circulation
system improvements and noise wall funds. In lieu of a monetary
contribution the applicant shall dedicate the public open space area and
improve said area with a public part: and parking lot facility to the
satisfaction of the City. These improvements shall include: final
grading, preparation of final working drawings for all irrigation and
landscaping, soil preparation, curbs, gutter, asphalt, striping,
irrigation, installation of grass, trees and shrubs: In no event shall the
cost of improvements to the park exceed $10,000.
3. That a maximum of 40 dwelling units shall be permitted.
4. That a 120' by 250' open space area along Fourth Avenue shall be dedicated
to the City of Newport Beach. The City shall designate one -half of the
dedicated property for an open space park and the other one -half as a
parking lot for approximately 39 vehicles.
0
•
C�
i EXHIBIT 4
jr ALAZA o �• pyViVYACY U .r �..
Residential Growth Element
General Plan Amendment 83 -2(a) 8 n
aP Ell.]DC.MDEM CSC Cg C�CR[
Adopted March 12, 1984
Resolution No. 84 -17
e m 0 1 0
_crav, Sir.' $ �jj
M pG EV.2E, 9(3931E3� �UQlrr��
The language of the Residential Growth Element and the accompanying map shall
be amended to designate the former Corona del Mar Homes site for
Multiple - Family Residential use with a maximum of 40 dwelling units.