HomeMy WebLinkAbout2009-88 - Civic Center and Park Schematic Design PlansRESOLUTION NO. 2009-88
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH ADOPTING A STATEMENT OF
OVERRIDING CONSIDERATIONS AND APPROVING
SCHEMATIC DESIGN PLANS FOR THE NEWPORT BEACH
CIVIC CENTER AND PARK DEVELOPMENT PLAN PROJECT
WHEREAS, in accordance with the California Environmental Quality Act (CEQA)
(Cal. Pub. Res. Code § §21000, et seq.) and its implementing State regulations (CEQA
Guidelines) (14 Cal. Reg. § §15000, et seq.), the City of Newport Beach prepared an
Environmental Impact Report (State Clearinghouse No. 2009041010) for the Newport
Beach Civic Center and Park Development Plan Project. The purpose of the EIR is to
analyze the potential impacts of the proposed project. The City Council considered and
certified the Final Environmental Impact Report on November 24, 2009, by adopting
certain CEQA Findings of Facts contained within Resolution No. 2009 -88, which are
hereby incorporated by reference; and
WHEREAS, the Environmental Impact Report identifies potential significant
impacts to the environment and certain mitigation measures designed to reduce or
avoid these impacts to a less- than - significant level. The City Council, in adopting
Resolution No. 2009 -88, has made the findings mandated by CEQA (14 Cal. Reg.
§ §15090 and 15091). In particular, the Council has found that changes or alterations
have been made to the project which avoid or substantially lessen the significant
environmental impacts of the project to the extent feasible; and
WHEREAS, the Environmental Impact Report identifies two potentially. significant
impacts to the environment that cannot be reduced to a less- than - significant level with
the adoption of feasible alternatives or mitigation measures. In other words, there are
no feasible Project alternatives or mitigation measures that would mitigate or
substantially lessen these impacts. Despite the occurrence of these effects, however,
the City Council may approve the project if it adopts a Statement of Overriding
Considerations that explain, in the Council's view, the economic, social, and other
benefits that the Project will produce and will render the significant effects acceptable.
NOW THEREFORE, THE CITY COUNCIL HEREBY RESOLVES AS FOLLOWS:
Section 1. Statement of Overriding Considerations. Pursuant to CEQA
Guidelines Section 15093, the City Council has reviewed and hereby adopts the
Statement of Overriding Considerations to unavoidable adverse environmental impacts,
attached also as Exhibit "A" entitled "Statement of Overriding Considerations," which
exhibit is incorporated herein by reference.
PASSED, APPROVED, AND ADOPTED this 24th day of November 2009.
ATTEST:
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Leilani Brown, City Clerk
EXHIBIT A
STATEMENT OF OVERRIDING CONSIDERATIONS
CITY HALL AND PARK DEVELOPMENT PLAN
A. Introduction
The City of Newport Beach is the Lead Agency under CEQA for preparation, review and
certification of the Final EIR for the project. As the Lead Agency, the City of Newport Beach is
also responsible for determining the potential environmental impacts of the proposed action and
which of those impacts are significant, and which can be mitigated through imposition of
mitigation measures to avoid or minimize those impacts to a level of less than significant. CEQA
then requires the Lead Agency to balance the benefits of a proposed action against any
remaining significant unavoidable adverse environmental impacts in determining whether or not
to approve the proposed project. In making this determination the City is guided by CEQA
Guidelines Section 15093 which provides as follows:
CEQA requires the decision - making agency to balance, as applicable, the economic, legal,
social, technological, or other benefits of a proposed project against its unavoidable
environmental risks when determining whether to approve the project. If the specific
economic, legal, social, technological, or other benefits of a proposal (sic) project outweigh
the unavoidable adverse environmental effects, the adverse environmental effects may be
considered "acceptable."
When the lead agency approves a project which will result in the occurrence of significant
effects which are identified in the final EIR but are not avoided or substantially lessened, the
agency shall state in writing the specific reasons to support its action based on the final EIR
and /or other information in the record. The statement of overriding considerations shall be
supported by substantial evidence in the record.
If an agency makes a statement of overriding considerations, the statement should be
included in the record of the project approval and should be mentioned in the notice of
determination. This statement does not substitute for, and shall be in addition to, findings
required pursuant to Section 15091.
In addition, Public Resources Code Section 21081(b) requires that where a public agency finds
that specific economic, legal, social, technological, or other considerations, including
considerations for the provision of employment opportunities for highly trained workers, make
infeasible the mitigation measures or alternatives identified in an EIR and thereby leave
significant unavoidable effects, the public agency must also find that overriding economic, legal,
social, technological, or other benefits of the project outweigh the significant effects of the
project.
Pursuant to Public Resources Code Section 21081 (b) and the State CEQA Guidelines Section
15093, the City of Newport Beach has balanced the benefits of the proposed Project against the
following unavoidable adverse impacts associated with the proposed Project and has adopted
all feasible mitigation measures with respect to these impacts. The City of Newport Beach also
has examined alternatives to the proposed Project, neither of which meets the Project
objectives and is environmentally preferable to the proposed Project for the reasons discussed
in the Findings and Facts in Support of Findings.
The Newport Beach City Council, acting as Lead Agency, and having reviewed the Final EIR for
the City Hall and Park Development Plan project, and reviewed all written materials within the
City's public record and heard all oral testimony presented at public hearings, adopts this
Statement of Overriding Considerations, which has balanced the benefits of the project against
its significant unavoidable environmental impacts in reaching its decision to approve the project.
B. Significant Unavoidable Adverse Environmental Impacts
Although most potential significant project impacts have been substantially avoided or mitigated,
as described in the Findings and Facts in Support of Findings, there remain some project
impacts for which complete mitigation is not feasible. For some impacts, mitigation measures
were identified and adopted by the Lead Agency; however, even with implementation of the
measures, the City finds that the impacts cannot be reduced to a level of less than significant.
For other impacts, no feasible mitigation measures were identified and no feasible alternatives
were identified that would avoid or minimize these impacts. The impacts are described below
and were also addressed in the Findings.
The Final EIR identified the following unavoidable adverse impacts of the proposed Project:
1. Construction Air Quality
Construction emissions from the proposed project would exceed the South Coast Air Quality
Management District (SCAQMD) daily emissions thresholds for nitrous oxide (NOX) and reactive
organic compounds (ROC), and resulting concentrations of particulate matter less than 10
microns in diameter (PM10) that would exceed the local significance threshold (LST). Mitigation
measures would be required to reduce NOx ROC, and PM10 emissions; however, even with
implementation of all available mitigation measures, project impacts related to construction
emissions would remain significant adverse and unavoidable.
2. Global Climate Change
The proposed project would strive to reduce GHG emissions by meeting and exceeding Title 24
standards and by achieving LEED -NC Silver Certification. The project would implement
mitigation measures to further reduce energy consumption and vehicular emissions. The City
will monitor the development of implementation requirements of AB 32, as issued by State
agencies, and any subsequently adopted GHG emissions reduction procedures and
technologies relevant to the proposed project, and apply them to the project as appropriate.
The proposed project is consistent with and /or furthers the intent of numerous GHG reduction
strategies and is consistent with the City's General Plan goals and Climate Action Protection
Program strategies, which are designed to reduce energy consumption and GHG emissions.
Compliance with the reduction strategies implemented by the City will help to achieve the
statewide reduction of GHG to 1990 levels; however, because project operations would result in
more than 6,000 metric tons of carbon dioxide equivalent (CO2e) per year, it cannot be ensured
that the project would not impede achievement of the State's mandatory requirement under AB
32 to reduce GHG emissions to 1990 levels by 2020. Therefore, the proposed project would
result in a significant unavoidable project impact and significantly contribute to an unavoidable
cumulative impact related to activities that may impede achievement of the State's goal for
reducing GHG emissions to 1990 levels by 2020.
C. Public Benefits
The City of Newport Beach, in balancing the specific economic, legal, social, technological, and
other benefits of the proposed City Hall and Park Development Plan project, has determined
that the unavoidable adverse environmental impacts identified above are considered acceptable
due to the following specific considerations that outweigh the unavoidable, adverse
environmental impacts of the proposed project.
The current City Hall facility was built in 1948 and has become too small for the City's
needs. Office space, storage, and parking are inadequate to meet demand. A Space
Utilization Assessment completed in 2002 found that the existing City Hall was smaller
than the city halls of comparable jurisdictions by between 11 and 25 percent and that
space conditions are functionally and qualitatively below desirable levels. After
completion of the Space Utilization Study, the City added additional temporary buildings
(portable buildings or trailers), but overall the facilities are still considered to be over
capacity. The City has been evaluating a solution to the problem for years. Measure B,
a citizen - sponsored initiative approved by the City's voters, provided a partial solution to
the problem by dictating a site for new city hall facilities. Measure B provided: "Shall the
City of Newport Beach Charter be amended to require City Hall, city administrative
offices and related parking to be located on City property which is bounded by Avocado
Avenue on the west, San Miguel Drive on the north, and MacArthur Boulevard on the
east, and Newport Beach Central Library on the south ?" The proposed project responds
to and implements the community's decision, as reflected in Measure B, that a new City
Hall should be located on City -owned property located between MacArthur Boulevard
and Avocado Avenue.
The proposed project would result in the relocation of City Hall (with the exception of the
Fire Department), including all City employees and functions. The proposed project
includes construction and operation of (1) an approximately 98,000- square -foot (so City
Hall administration building, Community Room, and Council Chambers; (2) a 450 -space
parking structure; (3) an approximately 17,000 sf expansion of the Newport Beach
Central Library; (4) a dedicated 4,800 sf Emergency Operations Center (EOC); (5) a
Civic Green; (6) construction of a 14.3 -acre public park that includes a dog park,
wetlands area, bridges over the wetlands, lookouts, and a pedestrian overcrossing over
San Miguel Drive; and (7) widening of San Miguel Drive.. Thus, the project will
consolidate public services and would provide an integrated Civic Center Complex to
better serve the needs of the community through enhanced access to City government
buildings and the Central Library.
The proposed project will include a Civic Green intended to provide space for community
functions. The Civic Green would be located between the proposed parking structure
and City Hall administration building, directly north of the Library Terrace and Library
expansion, and would be approximately 58,000 sf. The Civic Green will be an asset to
the community and would accommodate events and activities such as children's story
hour, puppet shows, book discussion groups, film screenings, receptions for events and
authors, evening dinner events, and Arts Commission events such as plays and art
shows.
The proposed project will include development of a 14.3 -acre park site. The proposed
park would be predominantly located on the northern parcel and the northern portion of
the central parcel (north of the Civic Center). The park and Civic Center would be
integrated with appropriate landscaping transitions, pedestrian trails (trail heads), and
signage. Access to the park would occur via pedestrian walkways that would meander
through the park, leading visitors to various park features. The central portion of the
proposed park, located south of San Miguel Drive and north of the proposed City Hall
structures, would be organized around the existing wetland area and the steep slopes
that form its sides. Grading limits are included in the site plan to preserve and protect the
wetlands. Two steel pedestrian footbridges and one precast concrete pedestrian
footbridge would span the wetlands areas connecting level areas of ground across the
lowland area between them.
A pedestrian overcrossing (i.e., a bridge over San Miguel Drive) would connect the north
and central parcels. The pedestrian overcrossing would include stairs and an elevator on
the central parcel side of the bridge and an ADA- compliant ramp on the northern parcel
side of the bridge. The bottom of the pedestrian overcrossing would be approximately 20
ft above the ground surface of San Miguel Drive. Site circulation would be consistent
with the requirements of the ADA and would feature accessible paths made of stabilized
decomposed granite paving or asphalt that connects the various usable levels of the
site. These aspects of the design further General Plan Policies R.3.1 (Adequate
Access) and R.3.3 (Facility Design), which encourage and require the City to provide
park and recreational for persons with disabilities and to design facilities, including trails,
with consideration for views and access for persons in wheelchairs. In addition to the
trail, the park would accommodate multiple other uses, including a dog recreational area.
The Project will construct needed transportation infrastructure improvements. The
proposed project includes improvements to San Miguel Drive, focusing on the segment
between MacArthur Boulevard and Avocado Avenue. Although these intersections
operate at acceptable levels of service, this segment of road has experienced
operational issues due to the relatively short distance between these intersections and
the relatively high number of turning movements. The improvements are proposed to
provide additional capacity for the heavy afternoon eastbound left turn onto MacArthur
Boulevard to reduce the amount of signal -cycle time necessary for traffic movements
opposing the heavy westbound left turn onto Avocado Avenue. These physical
improvements are proposed to supplement the recently implemented traffic signal
coordination program in order to improve the operational efficiency of these
intersections.
Through widening San Miguel Drive, the following geometric improvements would be
provided:
• A third eastbound left -turn lane from San Miguel Drive onto MacArthur Boulevard
• A third eastbound through lane at San Miguel Drive /Avocado Avenue
• A de facto eastbound right -turn lane from San Miguel Drive onto MacArthur
Boulevard
• A de facto westbound right -turn lane from San Miguel Drive onto Avocado
Avenue
In addition, the southbound Avocado Avenue approach to San Miguel Drive would be
restriped to provide for two left -turn lanes.
7. The project will include the construction of a centralized Emergency Operations Center.
During a major emergency or disaster, centralized emergency management is essential
to manage an effective response. A dedicated EOC allows for face- to-face coordination
among personnel who must set priorities for the use of limited resources and evaluate
the need to request mutual aid.
8. The proposed project will include a much needed library expansion component. The
expansion would include a reading area, media lab, and maintenance and storage
areas. The addition would be an expansion of the existing structure's northern and
eastern faces. The balance of the Library expansion square footage would include a
new two -story connective building that would link the grand staircase and lobby of the
existing Library (a new entrance to the Library) to the Library Terrace and Civic Green.
This connective addition would be designed to meet increasing Library demand for more
gathering space and to create shared functions between the Library and City Hall
administration building.
9. As noted in the EIR, and for the reasons stated above, the proposed project will satisfy
all of the following objectives
• Implement the February 2008, voters' approval of Measure B for a new City Hall,
including the City Hall administration building, Community Room, Council
Chambers, and a parking structure on City -owned property located between
MacArthur Boulevard and Avocado Avenue.
Incorporate the proposed City Hall into an overall Civic Center Complex at the
proposed project site, which would include a Library Expansion, a dedicated
EOC, and a Civic Green. A park and a pedestrian overcrossing linking the park
areas on the northern parcel with the park areas on the central and southern
parcels should also be constructed.
• Accommodate the relocation of all existing City Hall uses to the proposed project
site, with the exception of the Fire Station.
Implement Policy R.1.9 of the City's General Plan by developing a passive park
(a park without sports fields) that is integrated with the proposed Civic Center
Complex.
• Integrate the 3.24 -acre parcel (northern parcel) located between MacArthur
Boulevard and Avocado Avenue, and north of San Miguel Drive, as a portion of
the proposed public park and incorporate features that will encourage use of the
proposed project site.
• Provide adequate on -site parking and circulation for all City vehicles, employee
vehicles, and visitors of the new Civic Center Complex uses.
• Minimize costs to the City by developing the proposed Civic Center Complex on
a site that does not require the condemnation of private property or result in
excessive site acquisition costs to the City and that requires minimal demolition
and tenant relocation.
Preserve and enhance the existing on -site wetlands.
Protect and enhance public views to the ocean and harbor from MacArthur
Boulevard by maintaining the existing Sight Plane above the proposed project
site and providing lookouts in the park plan.
Improve public infrastructure on and near the proposed project site, including
adjacent roadways, to both serve on -site uses and to enhance operations in the
vicinity of the project.
• Incorporate sustainable features into the project via innovative design techniques
to achieve energy savings, water efficiency, potable water use reduction, carbon
dioxide emissions reduction, operational cost savings, and improved indoor
environmental quality compared to conventional construction.
Construct a dedicated EOC to allow better and faster citywide and regional
coordination of response to emergency events, including earthquakes, fires,
floods, tsunamis, and air disasters.
Expand the capacity of the Newport Beach Central Library and create a distinct
linkage between the Library and the Civic Green, the parking structure, the
Community Room, and the City Hall administration building to promote use of the
facilities and create a unified campus through design features, including a
second entry into the Library, food concession, credit union, drop -off area,
shared parking, and landscaping.
10. Short -term significant and unavoidable air quality impacts would be limited to the grading
and construction phase of the proposed project.
11. Approximately 89-90 percent of the project's total CO2e emissions are related to vehicle
exhaust emissions. These vehicle exhaust emissions themselves are controlled by the
State and federal governments and are outside the control of the City; however, the City
has incorporated alternative transportation components including bicycle storage and
changing rooms for employees and Civic Center visitors.
12. The enhanced energy efficiency features (e.g., LEED features and other energy - efficient
improvements) incorporated into the project will result in a reduction of 332 metric tons
per year of CO2e compared to conventional building design.
On balance, the Newport Beach City Council finds that there are specific considerations
associated with the proposed project that serve to override and outweigh the project's significant
environmental impacts and the existence of an environmentally superior alternative that meets
some of the project objectives. The Newport Beach City Council further finds that all feasible
mitigation measures identified in the Final EIR have been and will be implemented with the
Project. Therefore, any significant unavoidable effects remaining after implementation of
mitigation measures, and the Newport Beach City Council's decision not to adopt the
environmentally superior project alternative, are acceptable due to the above stated specific
economic, social, and other considerations, based upon the facts set forth above, in the Final
EIR, and in the public record of the consideration of this Project.
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby
certify that the whole number of members of the City Council is seven; that the foregoing resolution,
being Resolution No. 2009 -88 was duly and regularly introduced before and adopted by the City
Council of said City at a regular meeting of said Council, duly and regularly held on the 24th day of
November, 2009, and that the same was so passed and adopted by the following vote, to wit:
Ayes: Henn, Rosansky, Curry, Webb, Gardner, Daigle, Mayor Selich
Noes: None
Absent: None
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 25th day of November, 2009.
City Clerk
Newport Beach, California
(Seal)