HomeMy WebLinkAbout1946 - Final Supplemental EIR and GPA2013-001 to Amend the Land Use ElementRESOLUTION NO. 1946
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
NEWPORT BEACH RECOMMENDING CERTIFICATION OF FINAL
SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT NO. ER2014 -002
AND APPROVAL OF GENERAL PLAN AMENDMENT NO. GP2013 -001 TO
AMEND THE LAND USE ELEMENT (PA2013 -098)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. On May 28, 2013, the Newport Beach City Council initiated an amendment to the 2006
General Plan Land Use Element to review its effectiveness in achieving the
community's vision, and to update it to reflect legislative changes, emerging best
practices, and changing economic markets (Amendment).
2. On May 28, 2013, the Land Use Element Amendment Advisory Committee
(Committee), comprised of two council members, two planning commissioners, and
five at -large members, was appointed by the Newport Beach City Council to receive
public input, consider options, and develop the amendment in order for the
Amendment to be reviewed pursuant to the California Environmental Quality Act
Public Resources Code Section 21000, et seq. (CEQA).
3. The Amendment (Project) considered by the Committee and evaluated in the draft
Supplemental Environmental Impact Report (SEIR) includes land use changes, policy
revisions and related changes to the glossary and Implementation Plan.
4. City Council Policy A -18 requires that proposed Amendment be reviewed to determine
if a vote of the electorate would be required. If a project (separately or cumulatively
with other projects over a 10 -year span) exceeds any one of the following thresholds,
a vote of the electorate is required: if the project generates more than 100 peak hour
trips (AM or PM); adds 40,000 square feet of non - residential floor area; or, adds more
than 100 dwelling units in a statistical area.
5. The proposed land use changes, which are detailed in Exhibit D, exceed the
thresholds that require a vote pursuant to Charter Section 423. The subject
Amendment, in its entirety, shall go into effect only if the electorate approves the
related land use changes.
6. Pursuant to Section 65352.3 of the California Government Code, the appropriate tribe
contacts identified by the Native American Heritage Commission were provided notice
of the proposed General Plan Amendment on December 5, 2013. The California
Government Code requires 90 days to allow tribe contacts to respond to the request to
consult unless the tribe contacts mutually agree to a shorter time period. No requests
were received within the 90 days. However, Mr. Andy Salas submitted comments in
regards to the draft SEIR and identified his concerns and requests regarding
Planning Commission Resolution No. 1946
monitoring during ground disturbing activities. No additional requests for consultation
were received.
7. On May 8, 2014 and May 22, 2014, the Planning Commission held study sessions in
the City Hall Council Chambers, 100 Civic Center Drive, Newport Beach to review the
proposed Amendment and draft SEIR.
8. A public hearing was held on June 5, 2014, in the City Hall Council Chambers, at 100
Civic Center Drive, Newport Beach, California. A notice of the time, place and
purpose of the aforesaid meeting was provided in accordance with CEQA and the
Newport Beach Municipal Code ( "NBMC "). The draft SEIR, draft Responses to
Comments, draft Mitigation, Monitoring and Reporting Program, staff report, and
evidence, both written and oral, were presented to and considered by the Planning
Commission at the scheduled hearing.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. Pursuant to the CEQA, the CEQA Guidelines (14 Cal. Code of Regulations, Sections
15000 et seq.), and City Council Policy K -3, the amendment could have a significant
effect on the environment, and thus warranted the preparation of a SEIR.
2. On October 22, 2013, the City, as lead agency under CEQA, prepared a Notice of
Preparation ( "NOP ") of the SEIR and mailed that NOP to public agencies,
organizations and persons likely to be interested in the potential impacts of the
proposed Project.
3. On November 5, 2013, the City held a public scoping meeting to present the proposed
Project and to solicit input from interested individuals regarding environmental issues
that should be addressed in the SEIR.
4. The City thereafter caused to be prepared a Draft Supplemental Environmental Impact
Report (No. ER2014 -002, SCH No. 2013101064) ( "Draft SEIR ") in compliance with
CEQA, the State CEQA Guidelines and City Council Policy K -3, which, taking into
account the comments it received on the NOR described the Project and discussed
the environmental impacts resulting there from.
5. The Draft SEIR was prepared in accordance with CEQA Guidelines Section 15163 as
supplemental information to the 2006 General Plan Environmental Impact Report (SCH
No. 200601 1 1 1 9) on the basis that: 1) the Project does not propose substantial
changes; 2) no change in circumstances have occurred; and 3) and no new information
of substantial importance has been identified which would require revisions to the 2006
General Plan EIR.
6. The Draft SEIR was circulated for a 45 -day comment period beginning on March 17,
2014, and ending April 30, 2014.
7. The Final SEIR identifies significant impacts to the environment which are unavoidable
in the areas of Air Quality and Health Risks, Greenhouse Gas Emissions, Noise and
Vibration, Population and Housing and Transportation /Traffic.
Planning Commission Resolution No. 1946
8. The Final SEIR, consisting of the Draft SEIR, Responses to Comments, Corrections
and Additions to the Draft SEIR, and Mitigation Monitoring and Reporting Program
attached as Exhibit A, was considered by the Planning Commission in its review of the
proposed Project.
9. The draft Findings of Fact and draft Statement of Overriding Considerations, provided
as Attachment B, were considered by the Planning Commission and found adequate
and satisfactory, and hereby recommends their adoption to the to the City Council.
SECTION 3. FINDINGS.
1. Amendments to the General Plan are legislative acts. Neither the City nor State
Planning Law set forth any required findings for either approval or denial of such
amendments.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED;
1. The Planning Commission of the City of Newport Beach determines that, based on all
information, both oral and written, provided to date, that there has not been any new
significant information, data, or changes to the Project which either result in the
creation of a new significant environmental impact, or the need to adopt a new
mitigation measure, or a substantial increase in the severity of an environmental
impact, or in a finding that the draft SEIR was so fundamentally and basically
inadequate and conclusory in nature that meaningful public review and comment were
precluded.
2. The Planning Commission of the City of Newport Beach, including consideration of the
2006 General Plan Environmental Impact Report, hereby recommends to the City
Council certification of the General Plan Land Use Element Amendment Final
Supplemental Environmental Impact Report No. 2014 -002 (SCH No. 2013101064),
attached hereto and incorporated herein by reference as Exhibit A, based upon the
draft Findings of Fact and Statement of Overriding Consideration attached hereto as
Exhibit B and incorporated herein by reference.
3. The Planning Commission of the City of Newport Beach hereby recommends to the
City Council approval and adoption of General Plan Amendment No GP2013 -001
which consists of
a. Land use policy amendments, attached hereto as Exhibit C and incorporated
herein by reference.
b. Land use and map revisions, attached hereto as Exhibit D and incorporated herein by
reference.
c. Glossary and Implementation Program revisions, attached hereto as Exhibit E and
incorporated herein by reference.
Planning Commission Resolution No. 1946
PASSED, APPROVED AND ADOPTED THIS 5T" DAY OF JUNE, 2014.
AYES: AMERI, HILLGREN, KRAMER, AND TUCKER
NOES: NONE
ABSTAIN: NONE
ABSENT: BROWN AND LAWLER
Q
LOVA
Planning Commission Resolution No. 1946
EXHIBIT A
FINAL SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT ER2014 -002
(SCH No. 2013101064)
Consists of:
1. Draft Supplemental Environmental Impact Report (SEIR) dated March 2014 (under
separate cover)
2. Appendices A through I (under separate cover)
3. Final SEIR (under separate cover)
a. Introduction to Final SEIR
b. Response to Comments
c. Corrections and Additions to the Draft SEIR
4. Mitigation Monitoring and Reporting Program
The Final Supplemental Environmental Impact Report is available for review at the Planning
Division of Community Development Department or at
www.newportbeachca.gov/cegadocuments
Planning Commission Resolution No. 1946
EXHIBIT B
FINDINGS AND FACTS IN SUPPORT OF FINDINGS AND
STATEMENT OF OVERRIDING CONSIDERATION
FOR THE GENERAL PLAN LAND USE ELEMENT AMENDMENT
SUPPLEMENTATION ENVIRONMENTAL IMPACT REPORT
(SCH No. 2013101064)
Planning Commission Resolution No. 1946
EXHIBIT C
AMENDED LAND USE POLICIES
The amended land use policies are shown as strike -outs (deletions) and underlined (inserts).
Planning Commission Resolution No. 1946
EXHIBIT D
ANOMALY TABLE (LU2) AND AFFECTED MAPS
The anomaly table includes land use transfers conducted since adoption of the 2006
General Plan and do not require approval with this amendment. The proposed
amendment is highlighted.
Planning Commission Resolution No. 1946
EXHIBIT E
GLOSSARY AND IMPLEMENTATION PROGRAM REVISIONS