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HomeMy WebLinkAbout86-1 - Corona del Mar Seniors Project• RESOLUTION NO. 86 -1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH CERTIFYING AS COMPLETE AND ADEQUATE THE FINAL ENVIRONMENTAL IMPACT REPORT FOR THE CORONA DEL MAR SENIORS PROJECT AND, IN APPROVING SAID PROJECT, MAKE FINDING AND STATEMENTS IN REGARDS TO THE ENVIRONMENTAL DOCUMENTATION WHEREAS, the Draft Environmental Impact Report provided environmental impact assessment for the Zoning Amendment and Tentative Tract Map for the Corona del Mar Senior Project; and WHEREAS, the DEIR was prepared in accordance with the California Environmental Quality Act (CEQA), the State EIR Guidelines and City Council Policy K -3; and WHEREAS, the DEIR was circulated to the public for comment and review; and WHEREAS, the DEIR was reviewed by the Citizens' Environmental Quality Advisory Committee ( CEQAC); and WHEREAS, written comments were received from the public and CEQAC during and after the public review period; and WHEREAS, the Planning Commission of the City of Newport Beach conducted public hearings to receive all public testimony with respect to the DEIR; and WHEREAS, such comments and testimony were responded to through Response to Comments (Attachment No. 1 to the DEIR) and staff reports submitted to the Planning Commission and City Council; and WHEREAS, such comments and testimony were fully and adequately responded to in the manner set forth in California Administrative Code Section 15146(b); and WHEREAS, the Planning Commission of the City of Newport Beach has reviewed all environmental documentation comprising the EIR and has found that the EIR considers all environmental impacts of the proposed General Plan Amendment, and is complete and adequate and fully complies with all require- ments of CEQA and the CEQA Guidelines; and WHEREAS, the City Council has reviewed all environmental documenta- tion prepared to evaluate the proposed project, including all elements of the Final EIR and the recommendation of the Planning Commission; WHEREAS, all measures necessary to mitigate the environmental impacts associated with the project have been incorporated into the project 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 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 as Exhibit 1 and incorporated herein by this reference as if fully set forth. 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 Considera- tions 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 project 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 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 project 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. - 2 - 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 project. 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 the Corona del Mar Senior Project, the Planning Commission and the environ- mental documents evaluated a range of alternatives and the project is included within that range of alternatives. The City Council has considered the recom- mendation of the Planning Commission in its decision on the project. BE IT FURTHER RESOLVED, that the City Council does hereby certify the Final EIR for the Corona del Mar Senior Project as complete and adequate in that it addresses all environmental effects of the proposed project and fully complies with the requirements of the California Environmental Quality and the CEQA Guidelines. Said Final EIR is composed of the following elements: a) b) c) d) e) • f) 9) h) Volume I - Draft EIR and Technical Appendices Attachment 1, including comments, responses and additional information Planning Commission Staff Reports Planning Commission Minutes City Council Staff Reports City Council Minutes City Council Resolution and Ordinance Comments and responses received prior to final action and not contained in a) through g) 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, California 92658 -8915, - 3 - (714) 644 -3225. Council finds that a good faith effort was made to incorporate alternatives in • the preparation of the Draft EIR and all reasonable alternatives were consid- ered 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 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 the Corona del Mar Senior Project, the Planning Commission and the environ- mental documents evaluated a range of alternatives and the project is included within that range of alternatives. The City Council has considered the recom- mendation of the Planning Commission in its decision on the project. BE IT FURTHER RESOLVED, that the City Council does hereby certify the Final EIR for the Corona del Mar Senior Project as complete and adequate in that it addresses all environmental effects of the proposed project and fully complies with the requirements of the California Environmental Quality and the CEQA Guidelines. Said Final EIR is composed of the following elements: a) b) c) d) e) • f) 9) h) Volume I - Draft EIR and Technical Appendices Attachment 1, including comments, responses and additional information Planning Commission Staff Reports Planning Commission Minutes City Council Staff Reports City Council Minutes City Council Resolution and Ordinance Comments and responses received prior to final action and not contained in a) through g) 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, California 92658 -8915, - 3 - (714) 644 -3225. • 0 ADOPTED THIS - 13th -- day of January, 1986. ATTEST: MmWjm PLT/kk 1/13/86 - 4 - EXHIBIT 1 CEQA STATEMENT OF FINDINGS AND FACTS 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 THE • CORONA DEL MAR SENIOR PROJECT LOCATED AT 3400 FIFTH AVENUE IN CORONA DEL MAR, CITY OF NEWPORT BEACH, CALIFORNIA 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 EIR has been completed which identifies one or more significant environmental effects of the project unless the public agency makes one or more written findings for each of those significant effects accompanied by a brief explanation of the rationale for each finding. "The possible findings are: 1. Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. 2. Such changes or alterations are within the responsibility 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 alternatives identified in the Final EIR (Section 15091 of the Guidelines.)" The City of Newport Beach is considering approval of an Amendment, Traffic Study and Tentative Tract Map. Because the proposed action constitutes a project under the CEQA Guidelines, the City of Newport Beach has prepared an Environmental Impact Report (EIR). This EIR has identified certain significant effects which may occur as a result of the project, or on a cumulative basis in conjunction with other past, present, and reasonably foreseeable future projects. Further, the City desires to approve this project and, after deter- mining that the EIR is complete and has been prepared in accordance with CEQA and the Guidelines, the findings set forth are herein made: is FINDINGS AND FACTS IN SUPPORT OF FINDINGS FOR SIGNIFICANT ENVIRONMENTAL EFFECTS OF THE PROJECT EFFECTS DETERMINED TO BE INSIGNIFICANT Several potential environmental effects were determined to be insignificant impacts. These include the conversion of the property from vacant land to residential use and elimination of on -site vegetation and wildlife. • EFFECTS DETERMINED TO BE MITIGATABLE TO A LEVEL OF INSIGNIFICANCE LANDFORM /GEOLOGY/HYDROLOGY ificant Effect The project will necessitate some landform modification for residential development. Finding 1) Changes or alterations have been required in, or incorporated into, the project which substantially lessen the significant environmental effect as identified in the Final EIR. Facts in Support of Finding The significant effect has been substantially lessened to a level of insigni- ficance by virtue of the Standard City Policies and Requirements and Mitigation Measures identified in the Final EIR and incorporated into the project. These measures include the following: 1. Manufactured slopes will be no greater than 2 to 1, horizontal and vertical. 2. Manufactured slopes will be undulated, rounded and landscaped. BIOLOGICAL RESOURCES Significant Effect The project will necessitate the removal of some sage scrub due to residential development. Finding 1) Changes or alterations have been required in, or incorporated into, the project which substantially lessen the significant environmental effect as identified in the Final EIR. Facts in Support of Finding The significant effect has been substantially lessened to a level of insigni- ficance by virtue of the Stand City Policies and Requirements and Mitigation Measures identified in the Final EIR and incorporated into the project. These measures include the following: 1. Landscape plans shall utilize drought- tolerant, native • and naturalized, and rare or endangered local species in Buck Gully. 2. Grading plans will minimize the intrusion into off -site riparian habitats. 3. Temporary irrigation systems will be utilized on the east facing slope of Buck Gully. CULTURAL /SCIENTIFIC RESOURCES Significant Effect The project has the potential to disturb archaeological or paleontological resources not identified through surface inspection. Finding 1) Changes or alterations have been required in, or incorporated into, the • project which substantially lessen the significant environmental effect as identified in the Final EIR. Facts in Support of Finding The significant effect has been substantially lessened to a level of insigni- ficance by virtue of the Standard City Policies and Requirements and Mitigation Measures identified in the Final EIR and incorporated into the project. These measures include the following: 1. All work shall be done in accordance with existing City Policies and Requirements in regards to arch- eological /paleontological resources. MdV 1Rii7Y�l Significant Effect The project will necessitate landform modification to the easterly facing slope of Buck Gully. Finding 1) Changes or alterations have been required in, or incorporated into, the project which substantially lessen the significant environmental effect as identified in the Final EIR. Facts in Support of Finding The significant effect has been substantially reduced to a level of insigni- ficance by virtue of the Standard City Policies and Requirements and Mitigation Measures identified in the Final EIR and incorporated into the project. These measures include the following: 1. The landscape enhancement plan for the slopes will reduce the impact of the grading. AESTHETICS/VISUAL IMPACTS Significant Effect All adjacent residences will experience foreground view interruption. Finding 1) Changes or alterations have been required in, or incorporated into, the project which substantially lessen the significant environmental effect as identified in the Final EIR. • Facts in Support of Finding The significant effect has been substantially lessened to a level of insigni- ficance by virtue of Standard City Policies and Requirements and Mitigation Measures identified in the Final EIR and incorporated into the project. These measures include: 1. All existing "blue water" views from homes along Sand- castle Drive shall be preserved for a line of sight measured thirty inches above pad elevation of any lot. 2. Rooftop antennas will be prohibited. SIGNIFICANT ENVIRONMENTAL EFFECTS WHICH CANNOT BE AVOIDED IF THE PROJECT IS AND Significant Effect The project will generate additional daily traffic. In concert with other past, present, and reasonably foreseeable future projects, the proposed project • is expected to have a significant cumulative adverse impact on traffic condi- tions on the local circulation system. Findings 1) Changes or alterations have been required in, or incorporated into, the project which substantially lessen the significant environmental effect as identified in the Final EIR. 3) Specific economic, social, or other considerations make infeasible the project alternatives identified in the Final EIR. Facts in Support of Findings The significant effect has been substantially lessened to the extent feasible by virtue of the following Condition of Approval identified in the Final EIR and incorporated into the project. 1. That prior to occupancy of any portion of the project facilities, the circulation system improvement des- cribed in the staff report to the intersection at East Coast Highway and Marguerite Avenue and at MacArthur Boulevard and San Joaquin Hills Road will be in place (unless subsequent project approval required modifi- cation thereto). The circulation system improvement shall be subject to the approval of the City Traffic Engineer, and shall not cause any loss of on- street parking on East Coast Highway. Implementation of all project alternatives, with the exception of the "No Development" and "No Project" alternatives would create an environmental effect similar to or more severe than the proposed project. The environmentally superior alternatives ( "No Development" and "No Project ") have been rejected based upon information contained in the Statement of Overriding Considerations. The applicant is required by the City's Fair Share Traffic Contribution Ordinance #8416 (Chapter 15.38 Municipal Code) to provide a monetary contri- bution to the City for use in the construction of circulation system improve- ment which will increase roadway capacity within the City of Newport Beach. The purpose of the ordinance is to construct improvements so that traffic generated by development and redevelopment within the City will not result in unacceptable congestion of the circulation system. No other feasible mitigation measures have been identified. The remaining unavoidable significant effect is acceptable when balanced against facts set forth in the Statement of Overriding Consideration and in view of the following fact: The impact identified is considered significant only on a cumulative basis, resulting from the proposed project in association with other past, present, and reasonably foreseeable future projects. • In accordance with State law, greater weight has been given to the remaining unavoidable significant effect than to the overriding considerations. EXHIBIT 2 STATEMENT OF OVERRIDING The California Environmental Quality Act requires a public agency to balance the benefits of a proposed project against its unavoidable environmental risks in determining whether to approve the project. The City of Newport Beach has • determined that the unavoidable 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 is consistent and compatible with other existing and proposed uses in the vicinity of the project and community in general. 2. The proposed project represents infill development located in an urban area where adequate facilities and services are available. 3. The density of the project is similar to the existing adjacent development. 4. The density of the project is less than allowable densities in the adjacent older residential sections of Corona del Mar. 5. The proposed project will implement established policies of the General Plan Housing Element to increase the production of housing and to provide needed affordable housing opportunities in the City. 6. The proposed project supports the City's goal to provide a balanced community, with a variety of housing types and designs and housing opportunities for all economic segments of the community. 7. The proposed project supports the City's 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. B. The proposed project will contribute to a fair share of roadway improvements. 9. The project will implement identified intersection improvements as required by the Traffic Phasing Ordinance. 10. The project will provide housing opportunities for senior citizens in a site particularly suited to such use by virtue of its proximity to the OASIS Senior Center. 11. The project will dedicate land which may be used for expansion of OASIS Center facilities. 12. The project has been designed to preserve "blue water" views from adjacent residences. 13. The impact identified as significant which is associated with this project is regional in nature, and the project's cumulative contribution to those impacts is considered acceptable from a • regional perspective. 14. Alternatives to the proposed project described in the EIR, with the exception of the "No Development" and "No Project" alterna- tives, would not avoid unmitigated environmental effects.