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HomeMy WebLinkAbout85-35 - General Plan Amendment 83-1A Land Use & Recreation & Open Space ElementsRESOLUTION NO. 85 =35 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING CERTAIN AMENDMENTS TO THE LAND USE AND RECREATION AND OPEN SPACE ELEMENTS OF THE NEWPORT BEACH GENERAL PLAN FOR THE FIFTH AVENUE AND BUCK GULLY PARCELS, AND IN APPROVING SAID AMENDMENT MAKE FINDING AND STATEMENTS • IN REGARDS TO THE ENVIRONMENTAL DOCUMENTATION (GENERAL PLAN AMENDMENT 83- 1(A)). WHEREAS, Section 707 of the Charter of the City of Newport Beach provides that the City Council, upon recommendation by the Planning Commission, may amend the General Plan, or any part or element there- of; and WHEREAS, as part of the development and implementation of the City's General Plan, the Land Use Element and the Recreation and Open Space Element have been prepared; and WHEREAS, said elements of the General Plan sets forth objectives and supporting policies which serve as a guide for the future develop- ment of the City of Newport Beach; and WHEREAS, pursuant to Section 707 of the Charter of the City of Newport Beach, the Planning Commission held a public hearing to consider certain amendments to the above referenced elements of the Newport Beach General Plan; 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 oppor- tunities in the City; and WHEREAS, it is the goal of the City to provide a balanced commu- nity, with a variety of housing types and designs and housing oppor- tunities for all economic segments of the community; and WHEREAS, it is the goal of the City to preserve and increase affordable housing for low and moderate income households; and • WHEREAS, it is the policy of the City to eliminate constraints to housing production and increase allowed density, wherever possible; and WHEREAS, it is the policy of the City to provide incentives to the building industry to facilitate the provision of housing for low and moderate income households; and WHEREAS, the City of Newport Beach recognizes the opportunity to require the provision of affordable housing either on -site or off -site • in conjunction with residential development in the City; and WHEREAS, the City of Newport Beach has a high proportion of residents who are senior citizens age 55 and older; and WHEREAS, it is the desire of the City to provide housing specif- ically designed and located for occupancy by senior citizens age 55 and older; WHEREAS, the amenity of the adjacent OASIS Senior Citizen Center makes the Fifth Avenue Parcel appropriate for use as senior citizen housing; and WHEREAS, the OASIS Center uses age 55 or older to define persons as senior citizens; and WHEREAS, a definition of age 55 or older to describe senior citizen is necessary to insure the marketability of the project; and WHEREAS, the size and environmental constraints of the site limit the appropriate number of dwelling units to 115; and WHEREAS, Buck Gully is a significant environmental resource which should be preserved as an open space area; and WHEREAS, increased residential density on the Fifth Avenue Parcel is granted partially in consideration for the designation of Buck Gully for permanent open space; and WHEREAS, an Initial Study has been prepared in compliance with the California Environmental Quality Act:, and the CEQA Guidelines; and WHEREAS, a Final Environmental Impact Report was prepared in conjunction with General Plan Amendment 81 -2; and WHEREAS, the Final Environmental Impact Report was certified as 0 adequate by the City Council on May 9, 1983, and WHEREAS, the Final Environmental Impact Report fully and ade- quately discusses the environmental impacts associated with increased development on the Fifth Avenue Parcel; and - 2 - WHEREAS, the project proposed in General Plan Amendment 83 -1(A) is the same as the project analyzed in the Final Environmental Impact Report for General Plan Amendment 81 -2; and WHEREAS, based upon information contained in the Initial Study, there are no new significant environmental impacts that were not • considered in the prior certified Final EIR; and WHEREAS, all measures necessary to mitigate the environmental impacts associated with the project have been incorporated into the project NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Newport Beach finds that the previously prepared and certified Final EIR is adequate for the proposed project; and BE IT FURTHER RESOLVED by the City Council of the City of Newport Beach that: 1. The City Council makes the Findings contained in the State- ment 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 1 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 2 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 10 project are set forth in the Statement of Facts. 5. The City Council finds that although the Final EIR iden- tifies certain significant environmental effects that will result if the project is approved, all significant effects that can feasibly be - 3 - avoided or mitigated have been avoided or mitigated by the imposition of Conditions on the approved project 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 reduced to a level of insignificance have been substan- tially reduced in their impacts by the imposition of Conditions on the approved project 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 Statement 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 - 4 - 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 the General Plan Amendment 83 -1(A), the Planning Commission and the environmental documents evaluated a range of alternatives and • the project, as approved by this Resolution, is included within that range of alternatives. The City Council has considered the recommen- dation of the Planning Commission in its decision on the project. BE IT FURTHER RESOLVED by the City Council of the City of Newport Beach that the following amendment to the Land Use Element of the General Plan be approved and adopted, as follows: FIFTH AVENUE PARCEL (EAST OF OASIS): 1. Designate the Multi - family Residential (10 -15 du's/b.a.) for development as senior citizen housing, age 55 and older; and a maximum 115 dwelling units. 2. The property shall be rezoned to the P -C (Planned Community) District. 3. The requirements of the Park Dedication Ordinance shall be satisfied through on -site land dedication for the expansion of existing neighborhood park facilities, including expansion of the OASIS Center. The assess- ment of in -lieu fees may occur for a portion of the park dedication requirement if it is determined at the time of approval of tentative tract maps by the Plan- ning Commission and City Council, that insufficient land is being dedicated for neighborhood park needs. 4. Land dedicated will be improved to the extent that the land is rough graded to the existing grade of the adjacent City owned property, a retaining wall will be installed to support the slope above the property and the ±.40 acre at the northeast corner of the City property be graded to the same level as the dedicated land. 5. No slope areas will be given park dedication credit. 6. The developer shall receive park credit only for the acreage dedicated and not for the value of any improve- ment to the land. 7. Prior to the issuance of any grading or building permits for development on this site, and agreement • shall be entered into by developer, landowner, and City providing for a number of units equal to at least 108 of the total units be constructed on -site or off -site with 758 of the units affordable to County median income families and 258 of the units affordable to County low income families. - 5 - 8. That all existing blue water views from homes along Sandcastle Drive shall be preserved for a sightline measured 30 inches above pad elevation of any lot. BUCK GULLY 1. That the Buck Gully Parcel be rezoned to the Open Space Zone for open space use concurrent with and in consid- eration of the redesignation of the Fifth Avenue Parcel • to Multi - Family Residential and also in consideration for the density increase granted by the City for the Marguerite Avenue Parcel by Resolution 85 -21. • 2. The Irvine Company and the City of Newport Beach shall enter into an agreement which acknowledges a) That no development rights exist for the Buck Gully Parcel. b) The rezoning of the Buck Gully Parcel to the Open Space District is in consideration for increased density on the Fifth Avenue Parcel. c) The increased density on the Fifth Avenue Parcel is sufficient compensation for the rezoning of Buck Gully to the Open Space District. d) The Irvine Company will grant an open space easement to the City of Newport Beach over the Buck Gully parcel if requested by the City. 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 92658 -8915, (714) 644 -3225. ADOPTED THIS 10th day of EXHIBIT 1 CEQA FINDINGS AND STATEMENT OF FACTS June 10, 1985 SIGNIFICANT ENVIRONMENTAL EFFECTS WHICH CANNOT BE AVOIDED IF THE PROPOSED PROJECT IS IMPLEMENTED, FINDINGS WITH RESPECT TO SAID EFFECTS • AND STATEMENT OF FACTS IN SUPPORT THEREOF, ALL WITH RESPECT TO THE PROPOSED APPROVAL OF AMENDMENTS TO THE LAND USE AND RECREATION AND OPEN SPACE ELEMENTS OF THE NEWPORT BEACH GENERAL PLAN FOR THE FIFTH AVENUE PARCEL AND BUCK GULLY, CITY OF NEWPORT BEACH, CALIFORNIA (GENERAL PLAN AMENDMENT 83- 1(A)). BACKGROUND The California Environmental Quality Act (CEQA and the State CEQA Guidelines (Guidelines) promulgated pursuant thereto provide: "No public agency shall approve or carry out a project for which an environmental impact report has been completed and which identifies one or more significant effects of the project unless the public agency makes one or more of the following written findings for each of the significant effects, accompanied by a statement of facts support- ing each finding. The possible findings are: 1. Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant en- vironmental effects as identified in the Final EIR. 2. Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. 3. Specific economic, social, or other considerations make infeasi- ble the mitigation measures or project alternatives identified in the Final EIR (Section 15091 of the! Guidelines). The City of Newport Beach proposes to approve amendments to the Land Use and Recreation and Open Space Elements of the Newport Beach General Plan for the Fifth Avenue Parcel (east of OASIS) , and Buck Gully. Because the proposed actions constitute a project under CEQA and the Guidelines, the City of Newport Beach has prepared an Environmental Impact Report (EIR). This EIR has identified certain significant effects which may occur as a result of the project, or on a cumulative basis in conjunction with this project and other past, present, and reasonably foreseeable future projects. Further, the City Council desires to approve this project and, determining the the EIR is complete and has been prepared in accordance with CEQA and the Guide- lines, the findings set forth herein are made: FINDINGS AND FACTS IN SUPPORT OF FINDINGS FOR SIGNIFICANT ENVIRONMENTAL EFFECTS OF THE PROJECT • EFFECTS DETERMINED TO BE MITIGABLE TO A LEVEL OF I. Landform /Geology /Hydrology A. Impact: Residential development of the Fifth Avenue Parcel will require landform modification. 0 11 A. Finding: 1. Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant environmental effects as identified in the Final EIR. a. Prior to site development the following shall be required- i. Grading plans /grading permits ii. Erosion, siltation and dust control plans iii. Geology and soils studies/building permits B. Impact: Impacts on the Gully will be minimized except for limited recreational facilities. B. Finding: 1. Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant environmental effects as identified in the Final EIR. a. Prior to site development the following shall be required: i. Grading plans /grading permits ii. Erosion, siltation and dust control plans iii. Geology and soils studies/building permits II. Biological Resources A. Impact- Residential development will result in the removal of vegetation and impact on riparian habitat. A. Finding: 1. Changes or alterations have been required in, or incorporated into the project which mitigate or avoid the significant environmental effects as identified in the Final EIR. a. A preliminary concept grading plan will be submit- ted at the tentative tract map and /or P -C zoning stages of approval. b. Erosion, siltation and dust control plans shall be approved by the City prior to development. c. Landscape and irrigation plans for all common areas shall be prepared by a licensed landscape architect. d. Exposed slopes shall be planted as soon as possi- ble. e. The Buck Gully Parcel will be rezoned to the Open Space District. III. Cultural /Scientific A. Impact: Residential development may disturb archeological resources. - 2 - A. Finding: 1. Changes or alterations have been required in, or incorporated into the project which mitigate or avoid the significant environmental effects as identified in the final EIR. a. The landowner /developer will be required to • determine the existence and significance of archeological resources prior to site development. b. The City shall maintain sources of information on archeological sites and responsible organizations or qualified individuals. B. Impact: Residential development may impact significant paleontological resources onsite during grading. B. Finding: 1. Changes or alterations have been required in, or incorporated into the project which mitigate or avoid the significant environmental effects as identified in the Final EIR. a. The landowner /developer will be required to determine the existence and significance of paleontological resources prior to site develop- ment. b. The City shall maintain sources of information on paleontological sites and responsible organiza- tions or qualified individuals. IV. Transportation /Circulation A. Impact: Additional vehicle trips would result from residen- tial development. A. Finding: 1. Changes or alterations have been required in, or incorporated into the project which mitigate or avoid the significant environmental effects as identified in the final EIR. a. The project will be required to comply with the provisions of the City's Traffic Phasing Ordinance prior to approval of zone changes or tentative tract maps. V. Aesthetics A. Impact: Residential land use designation will allow for construction of building on the site, which may affect public and private views. A. Finding: 1. Changes or alterations have been required in, or incorporated into the project which mitigate or avoid the significant environmental effects as identified in the final EIR. a. Landscape plans are required and subject to approval of the City. - 3 - u 0 b. Existing blue water views from Sandcastle Drive residences will be preserved. C. A site suitable for expansion of OASIS facilities will be required. VI. Recreation /Open Space A. Impact: Residential development will result in an increased demand for recreational areas. A. Finding: 1. Changes or alterations have been required in, or incorporated into the project which mitigate or avoid the significant environmental effects as identified in the final EIR. a. Residential development must comply with the provisions of the City's Park Dedication Ordi- nance. b. The Buck Gully Parcel will be rezoned to the Open Space District. C. A site suitable for expansion of OASIS facilities will be required. SIGNIFICANT ENVIRONMENTAL EFFECTS WHICH CANNOT BE AVOIDED IF THE PROJECT IS IMPLEMENTED I. Landform /Geology /Hydrology A. Impact: Residential development will increase in an in- crease in runoff and urban pollutants. A. Findings: 1. Changes or other measures have been made in, or incor- porated into, the project, or are otherwise being implemented which will partially mitigate this environ- mental impact to the extent feasible, as set forth below: a. Runoff velocities shall be evaluated and erosive velocities controlled. b. Onsite drainage facilities shall be improved to the satisfaction of the City. C. Erosion, siltation and dust control plans will be approved by the City. d. Exposed slopes shall be planted as soon as possi- ble and onsite paved surfaces will be routinely cleaned. e. Landscape and irrigation plans for all common areas shall be prepared by a landscape architect. 2. All significant environmental effects that can feasibly be avoided have been eliminated or substantially lessened by virtue of mitigation measures identified in the Final EIR or otherwise incorporated into the project as set forth above. - 4 - 3. Specific economic, social, or other considerations make infeasible mitigation measures or project alternatives not selected in that: a. Implementation of all project alternatives, with the exception of the "no- project" alternative, will create an environmental effect similar to that of the project. The "no- project" alternative has been rejected based on information contained • in the Statement of Facts and the Final EIR. 4. The remaining environmental effect is acceptable when balanced against the facts set forth in the Statement of Overriding Considerations, giving greater weight to the remaining, unavoidable significant effect, and in view of the following facts a. Impacts identified are considered significant only on a cumulative basis resulting from the proposed project in association with other projects occur- ring on a local and regional scale. II. Demographics A. Impact: Residential development will result in addition residents in the City. A. Findings: 1. Changes or other measures have been made in, or incor- porated into, the project, or are otherwise being implemented which will partially mitigate this environ- mental impact to the extent feasible, as set forth below: a. Ten percent of the housing units developed will be required to be affordable to County median income and County low income families provided either on -site or off -site. 2. All significant environmental effects that can feasibly be avoided have been eliminated or substantially lessened by virtue of mitigation measures identified in the Final EIR or otherwise incorporated into the project as set forth above. 3. Specific economic, social„ or other considerations make infeasible mitigation measures or project alternatives not selected in that: a. Implementation of all project alternatives, with the exception of the "no- project" alternative, will create an environmental effect similar to that of the project. The "no- project" alternative has been rejected based on information contained in the Statement of Facts and the Final EIR. 4. The remaining environmental effect is acceptable when • balanced against the facts set forth in the Statement of Overriding Considerations, giving greater weight to the remaining, unavoidable significant effect, and in view of the following fact.: a. Impacts identified are considered significant only on a cumulative basis resulting from the proposed project in association with other projects occur- ring on a local and regional scale. - 5 - SR9 • 5. It is the policy of the City of Newport Beach to eliminate constraints to housing production and in- crease allowed density, to provide a variety of housing types and designs and housing opportunities, and to preserve and increase affordable housing for low and moderate income households. Z� EXHIBIT 2 STATEMENT OF OVERRIDING The California Environmental Quality Act requires a public agency to balance the benefits of a proposed project against its unavoidable environmental risks in determining whether to approve the project. The City of Newport Beach has determined that the unavoidable environ- mental risks of this project are acceptable when balanced against the benefits of this project, giving greater weight to the unavoidable environmental risks. In making this determination, the following factors and public benefits were considered or decisions made: 1. The proposed project will contribute to a fair, share of roadway improvements. 2. The proposed project represents a new development located in an urban area where adequate facilities and services are available. 3. All impacts identified as significant which are associated with this project are regional in nature, and the project's cumulative contribution to those impacts is considered nominal and accept- able from a regional perspective. 4. The proposed project will implement established policies of the General Plan Housing Element to increase the production of housing and to provide affordable housing opportunities in the City. 5. The proposed project supports the City's goal to provide a balanced community, with a variety of housing types and designs and housing opportunities for all economic segments of the community, and to increase affordable housing for low and moder- ate income households. 6. The proposed project supports the City's policy to eliminate constraints to housing production, increase allowed density, and provide incentives to the building industry to facilitate the provision of housing for low and moderate income households. 7. The proposed project will not impact any existing views from Sandcastle Drive residences. 8. A site suitable for expansion of OASIS facilities will be required. 9. The site east of OASIS (Fifth Avenue Parcel) will be reserved for development of senior citizen housing specifically designed to accommodate persons age 55 and older. 10. Buck Gully will be re -zoned to the O -S (Open Space) District, partially in consideration for the increased density being granted on the Fifth Avenue Parcel and also in consideration for the increased density granted by the City for the Marguerite Avenue Parcel. SR9 0