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HomeMy WebLinkAbout2012-62 - North Newport Center Planned Community AmendmentRESOLUTION NO. 2012 -62 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ADOPTING THE SECOND NORTH NEWPORT CENTER ADDENDUM (ADDENDUM NO. 2) TO THE ENVIRONMENTAL IMPACT REPORT FOR THE CITY OF NEWPORT BEACH GENERAL PLAN 2006 UPDATE (STATE CLEARINGHOUSE NO. 2006011119) AND WATER SUPPLY ASSESSMENT FOR NORTH NEWPORT CENTER PLANNED COMMUNITY AMENDMENT PROJECT WHEREAS, the Irvine Company wishes to implement the General Plan 2006 Update with the implementation of the North Newport Center Planned Community, which consists of seven sub -areas that include Fashion Island, Block 600, Block 800 and portions of Blocks 100, 400, 500, and San Joaquin Plaza of the Newport Center Statistical Area. WHEREAS, in that regard, the Irvine Company has applied to the City of Newport Beach for approval of the following project (the "Project "): 1. Transfer of Development Intensity (TD2012 -002) - Conversion of un -built non- residential development intensity (79 hotel rooms assigned to General Plan Anomaly Site No. 43) to multi - family residential development intensity (79 multi- family units) and transfer of the converted development intensity into the North Newport Center Planned Community ( NNCPC); 2. Planned Community Development Plan Amendment (PD2012 -001) - Amendment to the NNCPC Development Plan to increase the allowable residential development intensity by a total of 94 units and to allocate the 94 units plus the 430 residential units currently allocated to Blocks 500, 600, and San Joaquin Plaza of the NNCPC solely to San Joaquin Plaza. Of the 94 units, 79 units result from the conversion and transfer of development intensity, and the remaining 15 units are currently unassigned by the General Plan within the MU -H3 portions of the Newport Center Statistical Area L1; 3. Amendment to Development Agreement No. DA2007 -002 - Amending the Zoning Implementation and Public Benefit Agreement between the City and the Irvine Company to vest the revised development intensities and allocations within NNCPC and to establish public benefit contributions to the City; 4. Traffic Study (TS2012 -004)- Traffic study for 94 units pursuant to the City's Traffic Phasing Ordinance; 5. Affordable Housing Implementation Plan (AHIP) - Amendment to an AHIP specifying how the Project will meet the City's affordable housing goal; and 6. Water Supply Assessment (WSA) - Evaluation of water supply availability for the Project. WHEREAS, on July 25, 2006, the City Council certified the adequacy and completeness of the EIR for the General Plan 2006 Update (EIR No. 2006011119) by adopting Resolution No 2006 -75. In accordance with CEQA Guidelines section 15168, the City prepared the EIR for the City of Newport Beach General Plan 2006 Update as a program EIR (the "Program EIR "). WHEREAS, on December 11, 2007, the City Council certified the adequacy and completeness of the Addendum to the Environmental Impact Report for the City of Newport Beach General Plan 2006 Update ( "Addendum No. 1 ") by adopting Resolution No. 2007 -79. WHEREAS, the City of Newport Beach has prepared a second Addendum to the Environmental Impact Report for the City of Newport Beach General Plan 2006 Update ( "Addendum No. 2 "). WHEREAS, the Community Development Department has determined that the Addendum No. 2 complies with the requirements of the California Environmental Quality Act ( "CEQA "). WHEREAS, consistent with the requirements of California Senate Bill 610, adopted in 2011, the City of Newport Beach has prepared a Water Supply Assessment ( "WSA ") for the Project. WHEREAS, the Planning Commission held a public hearing on July 5, 2012, in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California, at which time the Planning Commission considered the Project, the Program EIR, Addendum No. 1, and Addendum No. 2, and the WSA. A notice of time, place, and purpose of the meeting was duly given in accordance with the Municipal Code. Evidence, both written and oral, was presented to and considered by the Planning Commission at this meeting. At the conclusion of the hearing and after considering the evidence and arguments submitted by the City staff, the Irvine Company, and all interested parties, the Planning Commission adopted a resolution recommending approval of the Project, Addendum No. 2, and the WSA by majority vote. WHEREAS, the City Council held a public hearing on July 24, 2012, in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California, at which time the City Council considered the Project, the Program EIR, Addendum No. 1, and Addendum No. 2, and the WSA. A notice of time, place, and purpose of the meeting was duly given in accordance with the Municipal Code. WHEREAS, after thoroughly considering the Program EIR, Addendum No. 1, Addendum No. 2, the WSA, and the public testimony and written submissions, if any, of all interested persons desiring to be heard, the City Council finds the following facts, findings, and reasons to support certifying the Addendum No. 2: 1. The Project is consistent with and implements the General Plan Update. 2. The Program EIR, which is conclusively presumed to be valid pursuant to Public Resources Code section 21167.2, reviews the existing conditions of the City and Newport Center; analyzes potential environmental impacts from implementation of the General Plan Update in Newport Center; identifies policies from the General Plan Update that serve to reduce and minimize impacts from implementation of the General Plan Update in Newport Center; and identifies additional mitigations measures, if necessary to reduce potentially significant impacts from implementation of the General Plan Update in Newport Center. 3. The Project does not increase development intensities or associated impacts beyond the levels considered in the Program EIR. 4. Since the Program EIR's certification in 2006, no substantial changes have occurred with respect to the circumstances under which the General Plan Update has been implemented for the Project. 5. Since the Program EIR's certification in 2006, no substantial changes to the environmental setting of the General Plan Update have occurred. 6. Since the Program EIR's certification in 2006, no new information of substantial importance has become available that was not known and that could not have been known with the exercise of reasonable diligence at that time of certification. Thus. no new information indicates that: (A) The Project will have one or more significant effects not discussed in the Program EIR; (B) Significant effects from the Project will be substantially more severe than identified in the Program EIR; (C) Mitigation measures or alternatives previously found not to be feasible would in fact be feasible, and would substantially reduce one or more significant effects of the Project, but the City declines to adopt the mitigation measures or alternatives; or (D) Mitigation measures or alternatives that are considerably different from those analyzed in the Program EIR would substantially reduce one or more significant effects on the environment, but the City declines to adopt the mitigation measures or alternative. 7. Since no substantial changes to the circumstances or environmental setting have occurred, and since no new information relating to significant effects, mitigation measures, or alternatives has become available, the Project does not require additional environmental review, consistent with CEQA Guidelines sections 15162 and 15168. 8. Based on these findings, the Program EIR, Addendum No. 1, and the Addendum No. 2, the City Council has determined that the Project falls within the scope of the Program EIR, and that the Program EIR therefore applies to the Project, consistent with CEQA Guidelines section 15168. 9. Based on these findings, the Program EIR, Addendum No. 1, and the Addendum No. 2, the City Council has determined that no subsequent EIR or supplemental EIR is required or appropriate under Public Resources Code section 21166 and CEQA Guidelines sections 15162; 15163, and 15164. The Addendum No.2 therefore satisfies CEQA's environmental review requirements for the Project. 10. The Addendum No. 2, which the City prepared to evaluate whether the Project would cause any new or potentially more severe significant adverse effects on the environment, specifically analyzed, in addition to several other potential impacts, potential impacts related to aesthetics, climate change, and traffic. The analysis and conclusions for potential traffic impacts were based on, and relied upon, the traffic study entitled North Newport Center San Joaquin Plaza TPO Traffic Analysis, which, together with the Addendum No. 2, provide the substantial evidence upon which the City Council has based its findings. 11. Based on the facts and analysis contained in the Addendum No. 2, the City Council finds that the Project will not have, when compared to the Program EIR, any new or more severe adverse environmental impacts, including, without limitation, no new or more severe significant adverse impacts related to aesthetics, climate change, or traffic. 12. The City Council also makes the following, more specific finding: The Addendum No.2 specifically analyzes the Project's potential impacts on traffic and circulation, based on the traffic study entitled North Newport Center San Joaquin Plaza TPO Traffic Analysis, attached to the Addendum No. 2. Based on the facts and analysis contained in the Addendum and the traffic study, the City Council finds that the Project will not have any new or more severe significant traffic or circulation impacts. 13. The Project does not have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of rare or endangered plants or animals, or eliminate important examples of the major periods of California history or prehistory. 14. The Project does not have the potential to disadvantage long -term environmental goals in order to achieve short -term environmental goals, as documented in the Addendum No. 2, which identified no new or more severe significant adverse effects on the environment. 15. The Project will not result in any new or more severe significant impacts which are individually limited, but cumulatively considerable, when viewed in connection with planned or proposed development in the immediate vicinity. 16. The Project will not have environmental effects that will adversely affect the human population, either directly or indirectly, in that no new or more severe significant impacts have been identified which would affect human health or public services. 17. These factual findings are based on the Program EIR, Addendum No. 1, the Addendum No. 2, and all documents referred in or attached to it, including without limitation the traffic studies, the submissions of the applicant, the records and files of the City's Community Development Department related to the Project, and any other documents referred to or relied upon by the City Council during its consideration of the Project on July 24, 2012. 18. The City Council has considered the Program EIR and the Addendum No.2, and has concluded that the Addendum No. 2 reflects the independent judgment of the City. 19. The City has on the basis of substantial evidence, rebutted the presumption of adverse effect set forth in California Code Regulations, Title 14, Section 753.5(d). 20. The City Council finds that judicial challenges to the City's CEQA determinations and approvals of land use projects are costly and time consuming. In addition, project opponents often seek an award of attorneys' fees in such challenges. As project applicants are the primary beneficiaries of such approvals, it is appropriate that such applicants should bear the expense of defending against any such judicial challenge, and bear the responsibility for any costs, attorneys' fees, and damages which may be awarded to a successful challenger. 21. The WSA evaluates whether the total projected water supplies, determined to be available by the city or county for the project during normal, single dry, and multiple dry water years during a 20 -year projection, will meet the projected water demand associated with the Project, in addition to existing and planned future uses, including agricultural and manufacturing uses. 22. The WSA identifies all existing water supply entitlements, water rights, or water service contracts relevant to the water supply for the Project and describes the quantities of water received in prior years by the existing water supply entitlements, water rights, or water service contracts. 23. Based on the facts and analysis contained in the WSA, the City Council finds that adequate and reliable water supplies are and will be available to serve the proposed project for the next 20 years. NOW, THEREFORE, BE IT RESOLVED: 1. The City Council of the City of Newport Beach hereby finds that the preceding recitations are true and correct and constitute the findings of the City Council for the Addendum No.2 and WSA. 2. The City Council hereby certifies the Addendum No. 2, attached as Exhibit "A ", for the reasons set forth in this resolution and as stated in the Addendum No. 2. 3. The City Council hereby approves the WSA, attached as Exhibit "B ", to the City Council for the reasons set forth in this resolution and as stated in the WSA. 4. This approval was based on the particulars of the individual case and does not in and of itself or in combination with other approvals in the vicinity or Citywide constitute a precedent for future approvals or decisions. 5. This resolution was approved. Passed and adopted at a regular meeting of the City Council of the Cit of Newport each, held on the 24th day of July, 2012. �� ATTEST: CITY CLERK MAYO Exhibit "A" Addendum No. 2 to the Environmental Impact Report for the City of Newport Beach General Plan 2006 Update A complete copy of the Addendum No. with Appendices is available for review in paper format in the accordion file in the vault of the City Clerk's Office or online at: http:/ /www.newportbeachca.gov /pin /CEQA DOCS. asp? path = /North Newport Center PC Addendum2) SD \847681.1 Exhibit "B" Water Supply Assessment A complete copy of the Water Supply Assessment with Appendices is available for review in paper format in the accordion file in the vault of the City Clerk's Office or online at: http: / /www.newportbeachca.gov /pin /CEQA REVIEW / North %20Newport %20Center %20 PC %20Addendum2 /06 Appendix E Water Supply Assessment.pdf) S D \847681.1 STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. 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. 2012 -62 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 24`h ay of July, 2012, and that the same was so passed and adopted by the following vote, to wit: Ayes: Hill, Rosansky, Curry, Selich, Henn, Daigle, Mayor Gardner Noes: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 25`h day of July, 2012. 44� / V' City Clerk Newport Beach, California (Seal)