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Home My WebLink About95-4 - General Plan Amendment 94-2A Land Use ElementRESOLUTION NO. 95 -4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING AN AMENDMENT TO THE LAND USE ELEMENT OF THE NEWPORT BEACH GENERAL PLAN TO DESIGNATE THE PUBLIC STREET SEGMENT OF BOLSA AVENUE BETWEEN OLD NEWPORT BOULEVARD AND BROAD STREET A MINI -PARK BY INCLUDING AN AREA DESCRIPTION FOR THE PARK IN THE TEXT; AND APPROVING AN AMENDMENT TO THE RECREATION AND OPEN • SPACE ELEMENT OF THE GENERAL PLAN TO INCLUDE AN AREA DESCRIPTION FOR THE PARK IN THE TEXT AND TO ADD THE PARK SITE TO SERVICE AREA 3 AS A MINI -PARK. [GENERAL PLAN AMENDMENT 94 -2(A)] WHEREAS, as part of the development and implementation of the Newport Beach General Plan the Land Use Element has been prepared; and WHEREAS, said element of the General Plan sets forth objectives, supporting policies and limitations for development in the City of Newport Beach; and WHEREAS, as part of the long -range planning policies for the preservation, improvement, and use of open space, recreational trails and scenic roadways within the City of Newport Beach, the Recreation and Open Space Plan has been prepared; and WHEREAS, at its meeting of June 27, 1994, the City Council initiated General Plan Amendment 94 -2(A) for public hearing; and WHEREAS, the proposed amendment to the Land Use Element of the General Plan would designate the public street segment of Bolsa Avenue between Old Newport Boulevard and Broad Street a mini -park by including an area description for the park in the text; and WHEREAS, the proposed amendment to the Recreation and Open Space Plan Land Use Element would add the park site to Service Area 3 as a mini -park in the Recreation and Open Space Plan and on the Service Area 3 Map; and WHEREAS, the proposed park is approximately 140 feet long by 65 feet wide, and approximately 9,100 square feet (0.2 acres) in size, the proposed park is anticipated to contain a "Tot Lot," approximately 1,900 square feet of grassy areas, a raised planter and seat wall, built -in benches, a table, two post fights, a unnking fountain, planter bed with landscaping, and isapproximately one dozen trees; and WHEREAS, the local residents have supported this type of recreational facilities in the area; and WHEREAS, pursuant to the California Environmental Quality Act an Initial Study has been conducted to evaluate the potential environmental impacts of the proposed project. The Initial Study concluded that the project could not have a significant effect on the environment, therefore a Negative Declaration has been prepared; and WHEREAS, the Negative Declaration was circulated for public review on November 17, 1994 • to all Responsible Agencies and other interested parties as required by CEQA; and VMERREEAS, all comments on the Negative Declaration regarding potential impacts of the project are addressed through recommended mitigation measures or conditions of approval to eliminate or substantially reduce those potential impacts; and WHEREAS, pursuant to Section 707 of the Charter of the City of Newport Beach, the Planning Commission has held a public hearing to consider a certain amendment to the Land Use Element and the Recreation and Open Space Element of the Newport Beach General Plan, and recommended approval to the City Council; NOW, THEREFORE, BE IT RESOLVED that based upon the information contained in the Initial Study, comments received, and all related documents, the City Council finds that there is no substantial evidence that the project, as conditioned or as modified by mitigation measures identified in the Initial Study, could have a significant effect on the environment, therefore a Negative Declaration has been prepared. The Negative Declaration adequately addresses the potential environmental impacts of the project, and satisfies all the requirements of CEQA, and is hereby approved. The Negative Declaration reflects the independent judgment of the City Council and was reviewed and considered prior to approval of the project; BE IT FURTHER RESOLVED that all of the mitigation measures identified in the Negative Declaration are hereby adopted as conditions of approval for the project; BE IT FURTHER RESOLVED that the monitoring requirements of Public Resources Code Sec. 21081.6 (AB 3180 of 1988) will be met through the design of the project, required compliance with City building, grading, and other codes and ordinances, and required compliance with the adopted • mitigation measures. A Mitigation Monitoring and Reporting Program for the project is attached hereto as Exhibit 1 and incorporated herein by reference; BE IT FURTHER RESOLVED by the City Council of the City of Newport Beach that the General Plan be amended as follows: 2 The text beginning on page 49 of the Land Use Element of the General Plan is amended to read: Old Newport Boulevard Area (Statistical Area Hl) 1. Old Newport Boulevard This commercial area is on the easterly side of Newport Boulevard between West Coast Highway and the City Boundary (See Map 12). The area is designated for Retail and Service Commercial land use, and has a maximum floor area ration of 0.5/0.75. The area also includes Bolsa Park, a • mini -park located between Old Newport Boulevard and Broad Street. The area has been designated for the preparation of a Specific Area Plan, to resolve problems of access and orientation created by the realignment of Newport Boulevard, and to encourage redevelopment of the existing uses to administrative and professional uses as well as service and retail uses. Residential uses may be permitted in conjunction with primary office or commercial uses up to a total floor area ratio of 1.25 in areas easterly of Old Newport boulevard. One unit is allowed in this block for each 2,375 sq.ft. of buildable lot area. The text page 44 of the Recreation and Open Space Element of the General Plan would be amended to add: 5. Bolsa Park - approximately 0.2 acre A mini -park is proposed on the right -of -way segment of Bolsa Avenue between Old Newport Boulevard and Broad Street. The mini -park would function as a buffer between the commercial and residential areas in this segment of Old Newport boulevard. The proposed park is anticipated to contain a "Tot Lot," approximately 1,900 sq.ft. of grassy areas, a raised planter and seat wall, built -in benches, a table, two post lights, a drinking fountain, planter bed with landscaping, and approximately one dozen trees. Amend Service Area 3 Map in the Recreation and Open Space Element of the General Plan as shown on Exhibit 2 attached. ADOPTED this 9th day of January , 1995. Mayor CAVIU WORDIBO[SAPF"PA942AES EXHIBIT 1 TO: Planning Commission - 7. EXHIBIT "B" MITIGATION MONITORING AND REPORTING PROGRAM Bolsa Park GPA 94 -2(A) I. OVERVIEW This mitigation monitoring program was prepared in compliance with Public Resources Code Section 21086.6 (AB 3180 of 1988). It describes the requirements and procedures to be followed by the City and its contractors to ensure that all mitigation measures adopted as part of this project will be carried out. The attached table summarizes the adopted mitigation measures, implementing actions, and verification procedures for this project. II. MITIGATION MONITORING PROCEDURES Mitigation measures can be implemented in three ways: (1) through project design, which is verified by plan check and inspection; (2) through compliance with various codes, ordinances, policies, standards, and conditions of approval which are satisfied prior to or during construction and verified by plan check and/or inspection; and (3) through monitoring and reporting after construction is completed. Compliance monitoring procedures for these three types of mitigation measures are summarized below. A. Mitigation measures implemented through project design. Upon project approval, a copy of the approved project design will be placed in the official project file. As part of the review process for all subsequent actions and approvals (e.g., approval of plans and specifications, award of a construction contract), the file will be checked to verify that the proposed action is in conformance with the approved project description. Field inspections will verify that construction conforms to approved plans. B. Mitigation measures implemented through compliance with codes, ordinances, policies, standards, or conditions of approval: Upon project approval, a copy of the approved project description and conditions of approval will be placed in the official project file. As part of the review process for all subsequent actions and approvals, the file will be checked to verify that the proposed action is in compliance with a1l applicable codes, ordinances, policies, standards and conditions of approval. Field inspections will verify that construction conforms to all applicable standards and conditions. C. Mitigation measures implemented through post - construction monitoring. If any mitigation measures require verification and reporting after construction is completed, the City will maintain a log of these mitigation monitoring and reporting requirements, and will conduct periodic reviews or inspections as required by the adopted monitoring program. 6 c� G C 0. U z Yi 6 C1 Da 09 z m a 0 F z 0 0 e U F G y a. V > �m C F= 5 y� 0 W 9 i m LD �q S �50 3 ti • dso �o a 7 � W O q E T x U V CrS C o .2> 0 .2 S aV � 3 E p u� p y fy � :I . ro •5 _ ._ �� fl Al �q S �50 3 ti • • ft �� rig ` 5' F '•: 1 EXHIBIT 2 m lbacs aaa.aa j?€ i �® a0* _. L`! J �i N�