HomeMy WebLinkAbout4b - Correspondence from Law Offices of Robert C. Hawkins - PA2012-146TIME RECEIVED REMOTE CSID
AUpust 22, 2013 2:48:53 PM PDT 9496501181
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Law Offices of Robert C. Hawkins
110 Newport Center Drive, Suite 200
Newport Beach, California 92660
(949)650.5550
Fax: (949) 650 -1181
FAX COVER. SHEET
TRANSMITTED TO:
NAME
FAX NUMBER
PHONE NUMBER
Kimberly Brandt; Makana Nova
(949) 644 -3229
Leilani Brown, City Clerk
(949) 644 -3039
From: Robert C. Hawkins
Client/Matter; Friends
Date: August 22, 2013
Documents: Comments on Lido Villas MND
Pages: 3.r.
COMMENTS: Original will follow as indicated.
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06/22/2013 1:45PM FAX 6496501161 HAWKIHS LAW OFFICES 180002 /0004
LAW OFFICES OF Rom -, tT C. HAWKINS
August 22, 2013
Via Facsimile Only
Michael L. Toerge, Chair
Members of the Planning Commission
c/o Makana Nova, Assistant Planner
Department of Community Development
City ofNewport Beach
100 Civic Center Drive, Area "C"
Newport Beach, California 42660
Re:
Greetings:
Thank you for the opportunity to comment on the captioned matter. This firm represents
Friends of Dolores, a community action group dedicated . to ensuring compliance with state and
local laws including the California Environmental Quality Act, Public Resources Code sections
21000 et seq., Friends of City Hall, a community action group dedicated the preservation of the
"City Hall" area for civic purposes, and others in the City in connection with the captioned
matter,
Although we have not had an opportunity to comment on the captioned DMND and plan
to offer extensive comments at any subsequent hearing, we offer these initial comments on an
important matter ignored in the DMND and misunderstood in the Staff Report: the Section 423,
Greenlight initiative, requires a vote for the captioned project.
The California Environmental Quality Act, ( "CEQA "), Public Resources Code sections
21083 and 21083.5 requires that environ nental analysis include an analysis of the Project's
cumulative impacts. However, the MND contains no such analysis. Importantly, it fails to
analysis the pending City Hall Re -use Project.
More importantly, the MND contains no analysis of the Greenlight requirements of the
City's Charter. Section 423 requires:
14 Corporate Plan, Suite 120
Newport Beach, California 92660
(949) 650.5550
Fax; (949) 650.1181
06/22/2018 1:45PM FAX 9496501181 HAWKINS LAW OFFICES
Michael L Toerge, Clair
1•4e111ber$ of the rtanklhg CominisAon ' 2'
"Charter Section 423 requires an analysis of the density, intensity, and
peak hour traffic associated with a proposed General Plan Amendment
( "GPA` , When increases in density, intensity, and peak hour traffic of a
proposed GPA 11 along with 80 percent of the increases of prior
amendments exceed specified thresholds, the proposed GPA is
considered to be a "major amendment" that requires voter approval. The
specified thresholds are 100 dwelling units (density), 40, 000 square feet
of floor area (intensity), and 100 peak hour trips (traffic). City Council
Policy A -18 establishes the Guidelines for implementation of City Charter
Section 423 and provides specific guidance as to the density, Intensity
and traffic thresholds for the analysts."
00008 /0004
A11RU6t lZ. d013
City Hall Reuse, Negative Declaration, page 112 -113 (Emphasis in original). The Negative
Declaration and supporting Staff Reports recognized that the City Hall Reuse Project which
includes 99 residential units would take all units and square footage under Section 423.
Therefore, the City Hall Reuse environmental document and supporting staff reports recognize
that the Project requires a vote.
The Staff Report attempts to include a Section 423 analysis but it fails to consider the
City Hall Reuse Negative Declaration. This Commission heard and recommended approval of
the City Hall Reuse MND but the City Council continued the matter ,indefinitely" The City
Hall Reuse Negative Declaration remains the only environmental analysis for the City Hall Reuse
Project, which includes 99 dwelling units.
Staff may argue that the Council has decided not to move forward with the residential
project and therefore the above is inapplicable. However, this is in error, As indicated above,
the only environmental analysis of the City Hall Reuse Project remains the Negative Declaration.
The City has not withdrawn that document or issued a Notice regarding any proposed alternative
project. Hence, under the current sets ol'Project, the captioned Project will require a vote under
Section 423.
The NM most be revised to.include analysis of the Section 423 problems.
In addition, the MND refers to the Lido Village Village Design Guidelines. However,
these Guidelines are not regulatory and have not regulatory effect. Nonetheless, the MND still
regards them as regulatory and relies on the Guidelines to show that the Project will have no
impacts. The NIND must be revised to include an analysis of the environmental impacts for the
compliance with such non regulatory Guidelines.
In conclusion, the MND is totally inadequate. Good and sound policy reasons and good
planning require the preparation of an EIR. Such an EIR would analyze all impacts including
Section 423 and those caused by compliance with any guidelines, and any other impacts, would
include a discussion of Project alternatives which is necessary for the Project to go forward, and
would allow the City to override any significant an unmitigated impacts.
14 Corporate Plaza, Suite 120
Newport Beach, Califutuia )2660
(949) 650'5550
Fax: (949) 650.1181
08/22/2018 1:48PM FAX 8496501191 HAWKINS LAW OFFICES 1a0004 /0004
Michael L'1'oerga, Chnir
Mcmbcm of the Pis ming Comodsaipn .3- August 22, 7013
Thank you, again, for the opportunity to comment on the FMND. Please provide us with
notice of any responses to these comments in a non - italicized format and with notices of any and
all hearings on the captioned project and frond.
RCII/kw
of course, should you have any questions, please do not hesitate to contact me.
Sincerely,
cc: Leilani Brown, City Clerk (Via Facsimile Only)
14 Corporate Plaza, Suite 120
Newport Beach, Califomla 92660
(949) 650.5550
Fax: (949) 650.1 181