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.
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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:
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1/13/86
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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.