HomeMy WebLinkAbout2010 - 30 - Sunset Ridge ParkRESOLUTION NO. 2010 -30
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH ADOPTING A STATEMENT OF
OVERRIDING CONSIDERATIONS AND APPROVING THE SITE
PLAN FOR THE SUNSET RIDGE PARK PROJECT
WHEREAS, in accordance with the California Environmental Quality Act
( "CEQA ") (Public Resources Code Section 21000, et seq) and its implementing State
regulations (CEQA Guidelines) (14 Cal. Code of Regulations, Sections 15000 et seq.)
the City of Newport Beach prepared an Environmental Impact Report (State
Clearinghouse No. 2009051036) for the Sunset Ridge Park Project ( "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 ( "FEIR ") on
March 23, 2010, by adopting certain CEQA Findings of Facts contained in Resolution
No. 2010 -29, which are hereby incorporated by reference; and
WHEREAS, the FEIR 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, adopting Resolution No. 2010 -29, has made
the findings mandated by CEQA (14 Cal. Code of Regulations, Sections 15000 and
15091). In particular, the City 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 FEIR 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 fully mitigate 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 City
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, attached as "Exhibit A" entitled "Statement of
Overriding Considerations," which exhibit is incorporated herein by reference.
SECTION 2. Approval of Conceptual Site Plan. The City Council hereby
approves the Conceptual Site Plan for the Project, identified as Exhibit 3 -9 in Volume I
of the FEIR, incorporated herein by reference. Further refinement of the Site Plan is
anticipated provided it is deemed in substantial conformance with the Conceptual Site
Plan and subject to the City Council's review and approval with the final plans and bid
specifications.
PASSED, APPROVED, AND ADOPTED this 23rd day of March 2010.
Keith D. Curry, Mayor
ATTEST:
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Leilani I. Brown, City Clerk
"EXHIBIT A"
STATEMENT OF OVERRIDING CONSIDERATIONS
SUNSET RIDGE PARK PROJECT
A. Introduction
The City of Newport Beach is the Lead Agency under CEQA for preparation, review and
certification of the FEIR 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:
(a) CEQA requires the decision - making agency to balance, as applicable, the
economic, legal, social, technological, or other benefits of a 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 proposed Project outweigh the unavoidable adverse
environmental effects, the adverse environmental effects may be
considered "acceptable ".
(b) 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.
(c) 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,
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,
none of which meets the Project objectives and is environmentally preferable to the
proposed Project for the reasons discussed in the Findings of Fact (attached as "Exhibit
A" of Resolution No. 2010 -29).
The Newport Beach City Council, acting as Lead Agency, and having reviewed the
FEIR for the Sunset Ridge Park Project and Conceptual Site Plan, 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 of Fact, 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. These impacts are described below and were also addressed in the
Findings of Fact.
The Final EIR identified the following unavoidable adverse impacts of the proposed
Project:
AIR QUALITY
Impact No. 46: Construction Emissions and Criteria Pollutants
Temporary impacts would result from Project construction activities. Grading activities
associated with the Sunset Ridge Park Project would result in short-term construction
emissions of PM10 and PM 2.5 (particulate matter with an aerodynamic diameter equal
to or less than 10 microns or 2.5 microns, respectively). NOx (nitrogen oxide) emissions
would be significant and unavoidable on days when, and if, soil is exported to distant
greater than 20 miles from the Project site. These short-term impacts would be reduced
with implementation of the mitigation but not to a level considered less than significant.
Impact No. 47: Sensitive Receptors
The Sunset Ridge Project would expose sensitive receptors to substantial pollutant
concentrations during construction. These short-term impacts would be reduced with
implementation of the mitigation but not to a level considered less than significant.
NOISE
Impact No. 48: Construction Noise
The Sunset Ridge Park Project would generate temporary noise impacts. Construction
of the Project would result in a temporary significant and unavoidable noise impact to
the residences adjacent to the Project site from the use of mobile grading equipment.
Despite the application of the Mitigation Program, which lessens the significant
environmental effect as identified in the EIR, the Project's short-term noise impact
cannot be reduced to less than significant.
C. Public Benefits
The City of Newport Beach in balancing the specific economic, social, technological and
other benefits of the proposed Sunset Ridge Park Project and Site Plan, has determined
that the unavoidable impacts identified above, which would result in short-term
construction - related air quality and noise impacts, and which impacts would cease upon
completion of construction, are considered acceptable due to the following specific
considerations that outweigh the unavoidable, adverse environmental impacts of the
proposed Project.
A. The Project's unmitigable impacts are associated exclusively with short-term
construction - related air quality and noise effects. While these are unavoidable
impacts, these impacts would cease upon completion of construction activities.
B. The Project provides needed active and passive parkland in the City, particularly to
meet the needs in West Newport Beach. The City has an existing citywide park
deficiency (exclusive of beach recreation acreage) of 67.7 acres, 53.4 acres of which
is in Service Area 1, West Newport. This is based on the standard of 5 acres of
parkland per 1,000 persons. Service Area 1 (which includes the Project site) is
generally bound on the north by the Newport Terrace Condominium development
and the Newport Banning Ranch property; on the south by the Pacific Ocean; on the
northeast by the City of Costa Mesa; on the east by Newport Boulevard; and on the
west by the Santa Ana River. The service area extends to the southeast to include a
portion of the Balboa Peninsula (east of the Newport Pier). With the inclusion of
beach acreage, there is not a citywide deficit. Even with the inclusion of beach
recreation acreage, a 19.4 -acre deficiency occurs in West Newport.
The General Plan Recreation Element states "There is a future park site identified in
this service area, Sunset Ridge Park which is designated as an active park to
include ball fields, picnic areas, a playground, parking, and restrooms ". The City
purchased the property from the State to provide a park in this location.
C. The Project is proximate to existing residential areas and can be accessed via
existing bike trails and public transportation. On -site parking would be provided.
D. The Project's proposed landscaping and design minimizes to the degree feasible
significant environmental impacts while providing usable active park space.
Opportunities for habitat preservation, restoration, and mitigation would be provided.
A. CONCLUSION
The City hereby finds that all feasible mitigation measures identified in the Final EIR
have been and will be implemented with the Project, and that any significant
unavoidable effects remaining 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
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. 2010 -30 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 23rd day of
March, 2010, and that the same was so passed and adopted by the following vote, to wit:
Ayes: Selich, Rosansky, Henn, Webb, Gardner, Daigle, Mayor Curry
Noes: None
Absent: None
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 24th day of March, 2010.
y4W
City Clerk
Newport Beach, California
(Seal)