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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