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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.