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HomeMy WebLinkAbout2010-47 - Site Plans for the Marina Park ProjectI i RESOLUTION NO. 2010 -47 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS AND APPROVING THE SITE PLANS FOR THE THREE PHASES OF THE MARINA PARK PROJECT WHEREAS, in accordance with the California Environmental Quality Act ( "CEQA ") (Public Resources Code Section 21000, et seq) and its implementing State regulations (CEQA Guidelines) (14 Cal. Code of Regulations, Sections 15000 et seq.) the City of Newport Beach prepared an Environmental Impact Report (State Clearinghouse No. 2008051096) for the Marina Park Project ( "Project "). The purpose of the EIR is to analyze the potential impacts of the proposed Project. The City Council considered and certified the Final Environmental Impact Report ( "FEIR ") on May 11, 2010, by adopting certain CEQA Findings of Facts contained in Resolution No. 2010 -46, which are hereby incorporated by reference; and WHEREAS, the FEIR identifies potential significant impacts to the environment and certain mitigation measures designed to reduce or avoid these impacts to a less - than- significant level. The City Council, adopting Resolution No. 2010 -46, has made the findings mandated by CEQA (14 Cal. Code of Regulations, Sections 15000 and 15091). In particular, the City Council has found that changes or alterations have been made to the Project which avoid or substantially lessen the significant environmental impacts of the Project to the extent feasible; and WHEREAS, the FEIR identifies one potentially significant impact (construction noise) to the environment that cannot be reduced to a less- than - significant level with the adoption of feasible alternatives or mitigation measures. In other words, there are no feasible Project alternatives or mitigation measures that would fully mitigate this impact. Despite the occurrence of these effects, however, the City Council may approve the Project if it adopts a Statement of Overriding Considerations that explain, in the City Council's view, the economic, social, and other benefits that the Project will produce and will render the significant effects acceptable. NOW THEREFORE, THE CITY COUNCIL HEREBY RESOLVES AS FOLLOWS: SECTION 1. Statement of Overriding Considerations. Pursuant to CEQA Guidelines Section 15093, the City Council has reviewed and hereby adopts the Statement of Overriding Considerations, attached as "Exhibit A" entitled "Statement of Overriding Considerations," which exhibit is incorporated herein by reference. SECTION 2. Approval of Site Plans. The City Council hereby approves the Site Plans for the three phases of the Project, identified as Exhibits 3 -4, 3 -5 and 3 -6 in the Draft REIR (which comprises the first part of the Final EIR), incorporated herein by reference. Further refinement of the Site Plans are anticipated provided they are deemed in substantial conformance with the Site Plans and subject to the City Council's review and approval with the final plans and bid specifications. PASSED, APPROVED, AND ADOPTED this 11th day of May 2010. ATTEST: AAI- Leilani I. Brown, C0 Clerk Keith D. Curry, ayor "Exhibit A" CEQA STATEMENT OF OVERRIDING CONSIDERATIONS REGARDING THE FINAL ENVIRONMENTAL IMPACT REPORT FOR THE MARINA PARK NEWPORT BEACH, CALIFORNIA STATE CLEARINGHOUSE NO. 2008051096 A. INTRODUCTION The City of Newport Beach is the Lead Agency under CEQA for preparation, review and certification of the Final EIR for the Marina Park Project. As the Lead Agency, the City of Newport Beach is also responsible for determining the potential environmental impacts of the proposed action and which of those impacts are significant, and which can be mitigated through imposition of mitigation measures to avoid or minimize those impacts to a level of less than significant. CEQA then requires the Lead Agency to balance the benefits of a proposed action against any remaining significant unavoidable adverse environmental impacts in determining whether or not to approve the proposed Project. In making this determination the City is guided by CEQA Guidelines Section 15093, which provides as follows: (a) CEQA requires the decision- making agency to balance, as applicable, the economic, legal, social, technological, or other benefits of a Project against its unavoidable environmental risks when determining whether to approve the Project. If the specific economic, legal, social, technological, or other benefits of a proposed Project outweigh the unavoidable adverse environmental effects, the adverse environmental effects may be considered "acceptable ". (b) When the lead agency approves a Project which will result in the occurrence of significant effects which are identified in the Final EIR but are not avoided or substantially lessened, the agency shall state in writing the specific reasons to support its action based on the Final EIR and /or other information in the record. The statement of overriding considerations shall be supported by substantial evidence in the record. (c) If an agency makes a statement of overriding considerations, the statement should be included in the record of the Project approval and should be mentioned in the notice of determination. This statement does not substitute for, and shall be in addition to, findings required pursuant to Section 15091. In addition, Public Resources Code Section 21081 (b) requires that where a public agency finds that specific economic, legal, social, technological, or other considerations, make infeasible the mitigation measures or alternatives identified in an EIR and thereby leave significant unavoidable effects, the public agency must also find that overriding Marina Park Statement of Overriding Considerations Page 1 ......... _ .......... . economic, legal, social, technological, or other benefits of the Project outweigh the significant effects of the Project. Pursuant to Public Resources Code Section 21081 (b) and the State CEQA Guidelines Section 15093, the City of Newport Beach has balanced the benefits of the proposed Project against the following unavoidable adverse impact (construction noise) associated with the proposed Project, and has adopted all feasible mitigation measures with respect to this impact. The City of Newport Beach also has examined alternatives to the proposed Project, none of which meets the Project objectives and is environmentally preferable to the proposed Project for the reasons discussed in the Findings of Fact (attached as "Exhibit A" of Resolution No. 2010 -46). The Newport Beach City Council, acting as Lead Agency, and having reviewed the Final EIR for the Marina Park Project, and reviewed all written materials within the City's public record and heard all oral testimony presented at public hearings, adopts this Statement of Overriding Considerations, which has balanced the benefits of the Project against its significant unavoidable environmental impacts in reaching its decision to approve the Project. B. SIGNIFICANT AND UNAVOIDABLE ADVERSE IMPACTS Although most potential significant Project impacts have been substantially avoided or mitigated, as described in the Findings of Fact, there remains one Project impact for which complete mitigation is not feasible. For the construction noise impact, mitigation measures were identified and adopted by the Lead Agency; however, even with implementation of the measures, the City finds that the impacts cannot be reduced to a level of less than significant. The construction noise impact is described below and is also addressed in the Findings of Fact. Impact: Temporary or Periodic Increases in Ambient Noise Levels During Phase 3, excavation and pile driving for the buildings would take approximately two months (including up to 3 weeks of pile driving). Excavation and dredging for the marina would take approximately two months to complete, and construction of the sea wall and sheet piling would take approximately six months (including up to 14 weeks of pile driving). Excavation and construction of the buildings on the upland portion of the site could happen simultaneously with excavation and pile driving of the marina. The sheet piling and sea wall would be constructed using jetting and vibrating for the majority of construction and driving for the last two feet of depth. With noise abatement technology the intermittent, sudden nature of pile driving sounds would still be annoying to sensitive receptors, and the impact would still be considered potentially significant. Because of the proximity of sensitive receptors to construction noise and the duration of construction activities (including up to 14 weeks of pile driving for the marina and up to 3 weeks of pile driving for buildings), especially pile drivers, increases in temporary ambient noises due to construction are considered potentially significant. Marina Park Statement of Overriding Considerations Page 2 Construction noise impacts were found to be potentially significant because of the up to 17 weeks of piledriving. This impact was found to be potentially significant (and therefore is addressed as a significant impact) because of the proximity of sensitive receptors and the potential to annoy residents for up to 17 weeks. At up to 17 weeks the construction impact would be temporary and would cease on completion of construction activities. C. PUBLIC BENEFITS The City of Newport Beach in balancing the specific economic, social, technological and other benefits of the proposed Marina Park Project, has determined that the unavoidable impact identified above, which would result in short-term construction - related noise impacts, and which impacts would cease upon completion of construction, are considered acceptable due to the following specific considerations that outweigh the unavoidable, adverse environmental impacts of the proposed Project. 1. Redevelop Site with Land Uses Consistent with Land Use Designation and Tidelands The General Plan and City's Local Coastal Land Use Plan Map designated the project site as Parks and Recreation (PR) and Public Facilities (PF). The PR category applies to land used or proposed for active public or private recreational use. Permitted uses include parks (both active and passive), golf courses, marina support facilities, aquatic facilities, tennis clubs and courts, private recreation, and similar facilities. The existing mobile homes are not consistent with this land use designation. The proposed facilities within the Marina Park project would be consistent with the land use designation and would meet the recreation and open space needs of the community. The current use of the site (mobile homes) is also not consistent with tidelands. The proposed project would be consistent with the land use designation of the site and with tidelands. The proposed project would enhance public access to and along the beach by removing existing barriers such as the mobile home park and associated fences. 2. Enhance Public Access and Provide Community Facilities to Meet the Goals of the General Plan for Recreation and Harbors and Beaches General Plan goals call for the preservation and enhancement of water related public recreation and education areas and facilities (Harbors and Bay Element, Goal 1.1); the provision of youth programs (Recreation Element, Goal 4.3); the expansion of coastal and beach recreational opportunities, including the provision of recreational facilities (Recreation Element, Goals 6.1 and 7.1); the provision of marine recreational facilities (Recreational Element, Goals 8.2 and 8.5); and the enhancement of marine - oriented programs such as sailing programs (Recreation Element, Goal 8.7). City policy calls for five acres of park per 1,000 residents. By that standard, according to recent City data, the City has an overall deficit of some 68 acres of parkland, not including beaches. The Balboa Peninsula in particular currently has only 6.5 acres of Marina Park Statement of Overriding Considerations Page 3 park, since most of its recreational area is in beaches. The area needs an additional 21.5 acres of park to meet the City's standard. The General Plan calls for additional pedestrian access and the renovation and expansion of community facilities such as the Balboa Center and facilities for sailing and boating programs. The General Plan also identifies a need for community facilities that include large meeting and multipurpose rooms, because most existing City -owned indoor spaces are small classrooms. The proposed project would address established City policy as expressed in the General Plan Harbor and Bay Element (e.g., policies HB -2.1.1 Public Access and HB- 2.1.7 Visiting Vessels) and in the Local Coastal Program (e.g., Section 3.3). Both documents encourage expansion and improvement of waterfront access and facilities for visiting vessels. In addition, Section 30224 of the California Coastal Act encourages the provision of berthing space, harbors of refuge, and new protected waters dredged from dry land. 3. Complement efforts to revitalize Balboa Village and Enhance Other Commercial Areas on the Peninsula The project would complement efforts to revitalize Balboa Village by placing a recreational facility in close proximity to Balboa Village and other commercial activity. The uses would be complementary as visitors would be able to shop and enjoy beach and marina facilities in close proximity to each other. 4. Provide for Additional Marine - Related Facilities Recent estimates by the City of Newport Beach Harbor Resources Division have identified a market demand for approximately 17,000 berth -days of public berth occupancy per year. Visiting boaters must use moorings, which restricts their access to shore facilities and to boaters with the experience, ability, and vessel characteristics that allow them to use moorings (for example, many aging, physically handicapped, or inexperienced boaters, boaters with children, and boaters whose vessels lack electrical and sanitation systems cannot readily use moorings for a stay of several days). As a result, potential visitors tend to favor other harbors (e.g., Dana Point, Long Beach, and Huntington) that can provide slips or side -tie space. D. CONCLUSION The City hereby finds that all feasible mitigation measures identified in the Final EIR (comprised of the Draft Recirculated EIR, Response to Comments to the Draft Recirculated FIR, and Errata to the Draft Recirculated EIR) have been and will be implemented with the Project, and that any significant unavoidable effects remaining are acceptable due to the above stated specific economic, social, and other considerations, based upon the facts set forth above, in the Final FIR, and in the public record of the consideration of this Project. Marina Park Statement of Overriding Considerations Page 4 STATE OF CALIFORNIA } COUNTY OF ORANGE } as. CITY OF NEWPORT BEACH } I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing resolution, being Resolution No. 2010 -47 was duly and regularly introduced before and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 11th day of May, 2010, and that the same was so passed and adopted by the following vote, to wit: Ayes: Selich, Rosansky, Webb, Gardner, Daigle, Mayor Curry Noes: None Absent: Henn Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 12th day of May, 2010. , S hrwv�� City Clerk Newport Beach, California (Seal)