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*NEW FILE*
Cal Trans West
RESOLUTION NO. 83-43
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH APPROVING AMENDMENTS TO THE LAND
USE, RESIDENTIAL GROWTH AND RECREATION AND OPEN
SPACE ELEMENTS OF THE NEWPORT BEACH GENERAL PLAN
II FOR THE CALTRANS WEST, BIG CANYON AREA 16,
V NEWPORT CENTER BLOCK 400 AND CAMPUS DRIVE SITES
(GPA 81-2).
WHEREAS, Section 707 of the Charter of the City of Newport Beach
provides that the City Council, upon recommendation of - the Planning
Commission, may amend the General Plan or any part or element or map thereof;
and
WHEREAS, the General Plan of the City of Newport Beach contains among
other elements, the Land Use, Residential Growth and Recreation and Open Space
Elements and Maps which serve as a guide for future planning and development
of the City; and
WHEREAS, the Planning Commission has held a public hearing at which it
considered amendments to the Land Use, Residential Growth and Recreation and
open Space Elements and Maps of the Newport Beach General Plan and adopted
Resolution No. 1088, recommending to the City Council certain changes and
amendments in said elements and maps; and
WHEREAS, the City of Newport Beach has, in the General Plan Housing
Element, established policies to increase the production of housing in the
community and to provide affordable housing opportunities in the City; and
WHEREAS, the City Council has adopted Council Policy P-1 to implement
the provisions of Government Code Section 65590 (Mello) and has included this
policy as one of its Housing Element implementation actions; and
WHEREAS, the City recognizes it 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; and
WHEREAS, the City of Newport Beach recognizes the unique opportunity to
provide affordable housing on the CalTrans site; and
WHEREAS, the City of Newport Beach recognizes the opportunity to
require affordable housing either on- or off -site in conjunction with
residential development in the City; and
WHEREAS, the City of Newport Beach has prepared a final Environmental
Impact Report (EIR) in compliance with the California Environmental Quality
Act (CEQA) and the State EIR Guidelines; and
WHEREAS, the City Council has reviewed and considered the certified
final EIR in making its decision on the proposed amendment to the Newport
Beach General Plan; and
WHEREAS, the City Council by this Resolution adopts the Statement of
Facts and Statement of Overriding Considerations as required by Sections 15088
and 15089 of the State EIR Guidelines; and
WHEREAS, the City Council desires to adopt certain amendments to the
Land Use, Residential Growth and Recreation and Open Space Elements and Maps
of the Newport Beach General Plan, as set forth below,
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 "A" 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
Considerations is attached hereto as Exhibit "B" 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
General Plan Amendment 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
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reduced to a level of insignificance have been substantially reduced in their
impacts by the imposition of conditions on the approved General Plan Amendment
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 State of Overriding
Considerations.
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
Council finds that a good faith effort was made to incorporate alternatives in
the preparation of the draft EIR and all reasonable alternatives were
considered 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
General Plan Amendment 81-2, the Planning Commission and the environmental
documents evaluated a range of alternative land uses and .intensities and the
project, as approved by this Resolution, is included within that range of
alternatives. Therefore, the City Council finds that it is not necessary to
refer the General Plan Amendment back to the Planning Commission for report
and recommendation. The City Council has considered the recommendation of the
Planning Commission in its decision on the project.
12. The City Council finds and determines that the Final Environmental
Impact Report consists of the following documents:
a) Volume I - Draft EIR
b) Volume II - Technical Appendices
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c) Volume III - Attachments No. 1 and 2 including comments and
responses, additional information, and Planning Commission minutes
and staff reports.
d) Additional Planning Commission minutes
e) Planning Commission Resolutions
f) City Council Minutes
g) City Council Staff Reports (with attachments)
h) 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, CA 92663, (714) 640-2197.
BE IT FURTHER RESOLVED by the City Council of the City of Newport Beach
that the Land Use, Residential Growth and Recreation and Open Space Elements
and Maps are hereby amended, establishing the following land uses, policies
and constraints on future development:
Land Use Element
CalTrans West: Designate the ±13 acre site northwesterly of the
intersection of West Coast Highway and Superior Avenue for
Multiple -Family Residential uses at 15 dwelling units per buildable
acre.
1. The preferred access to the CalTrans West site is from the
proposed Bluff Road (Balboa Boulevard extension) across a
portion of the Banning property. A reasonable effort must be
made to establish this access from Bluff Road at the time of
approval of the tentative tract map for the CalTrans West site
if it is submitted prior to tentative maps for the
Banning -Newport Ranch. Temporary and limited access may be
developed from realigned Superior Avenue. The precise location
of all access will be determined at the time of approval of the
tentative tract map.
2. That existing views of ocean and bay shall be preserved for a
line -of -sight four feet above the lower balcony level of a
Newport Crest residence.
3. 20% of the total dwelling units shall be affordable to low and
moderate income households as defined in the City's Housing
Element.
4. 10% of the total dwelling units shall be affordable to low and
moderate income households as set forth in Section 50093 of the
Health and Safety Code.
5. CalTrans West will be required to comply with the park
dedication ordinance. A park of at least 5 acres in size is to
be developed between Coast Highway, Superior Avenue, 15th Street
(extended), and Bluff Road (Balboa Boulevard extended). The
specific size, location, design, and the means to acquire and
develop the park will be determined at the time of approval of
the tentative tract maps for CalTrans West and/or the adjacent
Banning -Newport Ranch residential developments.
6. A view park of ±1 acre shall be located on -site and shall
partially satisfy the requirements for park dedication contained
in Chapter 19.50 of the Newport Beach Municipal Code.
7. A pedestrian and bicycle easement shall be developed to connect
the view park with the neighborhood park. The easement shall as
much as possible be located to take advantage of ocean and bay
views. Precise location and design shall be determined at the
time of approval of the tentative tract map.
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S. The applicant or successor in interest shall participate in 50%
of all costs related to the provision of a pedestrian and
bicycle bridge over Superior Avenue at a point to be determined
in conjunction with the location of the view park at the time of
approval of th tentative tract map.
9. A landscaped greenbelt shall be established adjacent to Newport
Crest. The greenbelt shall be a minimum of 30 feet wide and be
maintained by the applicant or successor in interest. Park
credit shall not be given for the greenbelt.
10. CalTrans will enter into an agreement to dedicate to the City
of Newport Beach the property required for the realignment of
Superior Avenue.
11. Because of difficulties in providing vehicular access to
CalTrans East, and in recognition of both the State's need to
dispose of this site and Hoag Hospital's need for additional
land, CalTrans has entered into negotiations with Hoag Hospital
for the acquisition of CalTrans East. Adoption of detailed
zoning and approval of a tentative tract map on CalTrans West
shall not occur until CalTrans offers satisfactory evidence
that it will restrict access from CalTrans East to Coast
Highway.
12. At the time of future discretionary actions the project shall
be required to contribute a sum equal to their fair share of
future circulation system improvements as shown on the City's
Master Plan of Streets and Highways and any other mitigation
measures as required.
Big Canyon - Area 16: Designate the ±11 acre site southwesterly of
the intersection of MacArthur Boulevard and Ford Road for
Medium -Density Residential uses at 10 dwelling units per buildable
acre.
1. That the requirements of the Park Dedication ordinance shall be
satisfied through on -site or off -site land dedication, the
assessment of in -lieu fees or a combination of the above as
determined by the Planning Commission and City Council, after
recommendation by the Parks, Beaches and Recreation Commission,
at the time of approval of the tentative tract map.
2. That a number of units equal to at least 10% of the total units
be constructed on -site or off -site and be affordable to low and
moderate income families using City standards.
3. At the time of future discretionary actions the project shall be
required to contribute a sum equal to their fair share of future
circulation system improvements as shown on the City's Master
plan of Streets and Highways and any other mitigation measures
as required.
4. Prior to the approval by the City of any future discretionary
actions (i.e., zoning and tentative tract), the question park
credits, development rights and ownership of the Mouth of Big
Canyon shall be resolved.
Newport Center - Block 400: Allocate an additional 80,000 square
feet of medical office development in Newport Center, with related
parking facilities. This development is allocated to Block 400, on
the parcel located at 400 Newport Center Drive East.
1. The propert shall be rezoned to P-C (Planned Community)
District.
2. Specify the development be subject to further review and
approval of a use permit.
3. At the time of future discretionary actions the project shall be
required to contribute a sum equal to their fair share of future
circulation system improvements as shown on the City's Master
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Plan of Streets and Highways and any other mitigation measures
as required.
Campus Drive: Designate the area bounded by Campus Drive, Dove
Street, Birch Street, and Bristol street for a mixture of General
Industry and Administrative, Professional and Financial Commercial
uses.
1. Establish a permitted intensity of development for the Campus
Drive area (as shown on Exhibit 7 following Page 12 of the
draft EIR) of 0.5 floor area ratio, with a floor area ratio of
up to 1.0 permitted floor area may be approved if a finding can
be made that the traffic and circulation system impacts are no
greater than those generated by an office development of 0.5
FAR. The floor area ratio limits are defined as the ratio of
gross structural area to the buildable area of.the site.
2. Direct that the zoning in the area be amended to implement this
General Plan Amendment.
3. At the time of future discretionary actions, individual projects
shall be required to contribute a sum equal to their fair share
of future circulation system improvements as shown on the City's
Master Plan of Streets and Highways and any other mitigation
measures as required.
Residential Growth Element
CalTrans West: Statistical Area A-2 is amended to permit
residential development on the CalTrans West site at 15 dwelling
units per buildable acre. The property shall be re -zoned to the P-C
(Planned Community) District.
Big Canyon - Area 16: Statistical Area L-2 is amended to permit
residential development on the Big Canyon - Area 16 site at 10
dwelling units per buildable acre.
Recreation and Open Space Element
CalTrans West:
1. CalTrans West will be required to comply with the park
dedication ordinance. A park of at least 5 acres in size is to
be developed between Coast Highway, Superior Avenue, 15th Street
(extended), and Bluff Road (Balboa Boulevard extended). The
specific size, location, design, and the means to acquire and
develop the park will be determined at the time of approval of
the tentative tract maps for CalTrans West and/or the adjacent
Banning -Newport Ranch residential developments.
2. A view park of #1 acre shall be located on=site and shall
partially satisfy the requirements for park dedication contained
in Chapter 19.50 of the Newport Beach Municipal Code.
3. A pedestrian and bicycle easement shall be developed to connect
the view park with the neighborhood park. The easement shall as
much as possible be located to take advantage of ocean and bay
views. Precise location and design shall be determined at the
time of approval of the tentative tract map.
4. The applicant or successor in interest shall participate in 50%
of all costs related to the provision of a pedestrian and
bicycle bridge over Superior Avenue at a point to be determined
in conjunction with the location of the view park at the time of
approval of the tentative tract map.
8iq Canyon -Area 16:
1•
n and Open Space/Golf Course designation.
Remove the Recreatio
ADOPTED this 9th day of Mom_. 1983s
Mayor
u
4/25/83