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Home My WebLink About10 - General Plan Land Use Element Amendment - Amended PagesJuly 22, 2014 ATTACHMENT CC -3 Agenda Item No. 10 RESOLUTION NO. 2014 -67 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING GENERAL PLAN AMENDMENT NO. GP2013 -001 TO AMEND THE LAND USE ELEMENT, GLOSSARY, AND IMPLMENTATION PLAN OF THE GENERAL PLAN, AND ADOPTING CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDINGS, FACTS IN SUPPORT OF FINDINGS, AND STATEMENT OF OVERRIDING CONSIDERATIONS (PA2013 -098) THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 0 On May 28, 2013, the Newport Beach City Council it General Plan Land Use Element to review its community's vision, and to update it to reflect le practices, and changing economic markets (Amend( On May 28, 2013, the Land Use (Committee), comprised of two council five at -large members, was appointed I public input, consider options, and Amendment to be reviewed pursuant Public Resources Code Section Z dment to the 2006 in achieving the !s, emerging best lent, me tlment Advisory Committee e ers,wo planning commissioners, and the I+�ryrport Beach City Council to receive lop the amendment in order for the t#e California Environmental Quality Act seq. (CEQA). The Amendment (Project) onside' by the Committee and evaluated in the draft Environmental Supplemental cf Report (SEIR) includes land use changes, policy revisions and related ch nge%to-the glossary and Implementation Plan. Pursuant to Sectiat 65352.3 of the California Government Code, the appropriate tribe contacts identified b 'Native American Heritage Commission were provided notice of the proposed en al Plan Amendment on December 5, 2013. The California Government Cod quires 90 days to allow tribe contacts to respond to the request to consult unless the ribe contacts mutually agree to a shorter time period. No requests were received within the 90 days. However, Mr. Andy Salas submitted comments in regards to the draft SEIR and identified his concerns and requests regarding monitoring during ground disturbing activities. No additional requests for consultation were received. City Council Policy A -18 (Guidelines for Implementing Charter Section 423) requires that proposed Amendment be reviewed to determine if a vote of the electorate would be required. A vote of the electorate is required if a project (separately or cumulatively with other projects over a 10 -year span) exceeds any one of the following thresholds: if the project generates more than 100 peak hour trips (AM or PM); adds 40,000 square feet of non - residential floor area; or adds more than 100 dwelling units in a statistical area. The analysis establishes that proposed Amendment requires a vote of the electorate prior to becoming effective. City Council Resolution No. XX 6. A public hearing was held on June 5, 2014, in the City Hall Council Chambers, at 100 Civic Center Drive, Newport Beach, California. A notice of the time, place and purpose of the aforesaid meeting was provided in accordance with CEQA and the Newport Beach Municipal Code ( "NBMC "). The draft SEIR, draft Responses to Comments, draft Mitigation, Monitoring and Reporting Program, staff report, and evidence, both written and oral, were presented to and considered by the Planning Commission at the scheduled hearing. 7. On June 5, 2014, the Planning Commission adopted Resolution No. 1946 by a vote of 4 -0 (1 recusal, 2 absences) recommending certification of the General Plan Land Use Element Amendment Final SEIR (SCH No 2013101064) and approval of the Land Use Element Amendment Project, as amended, to the City Council. is The City Council held a public hearing July, 8, 2014, in the at 100 Civic Center Drive, Newport Beach, California. purpose of the aforesaid meeting was provided in a NBMC. The environmental documents for the j , omprising the SEIR, ftigation, Monitoring and Findings and Statement of all Council Chambers, of the time, place and with CEQA and the Responses to Comments, Revisions to Draft Reporting Program, Findings and Facts in Overriding Considerations, staff report, a vi presented to and considered by the City decision - making body of the lead age c compliance with the provisions of CE Sta CEQA. n both written and oral, were at the scheduled hearing, as the ation as having been completed in and local guidelines implementing At the July 8, 2014 public hearin ' Owing public testimony and deliberation, the City Council directed staff to re t 'July 22, 2014 meeting with revised resolutions based on a modified pr:, f ed by the City Council during their discussion of the Amendment. SECTION 2. CALIFORNMENVIRONMENTAL QUALITY ACT DETERMINATION. The General Pla ,nd Use Element Amendment Final Supplemental Environmental Impact Report No. to R2014 -002 (SCH No. 2013101064) was prepared for the Project in compliance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and City Council Policy K -3. By Resolution No. 2014-65;, the City Council, having final approval authority over the Project, adopted and certified as complete and adequate the General Plan Land Use Element Amendment Final Supplemental Environmental Impact Report (SCH No. 2013101064), and adopted "Mitigation Monitoring and Reporting Program ". Resolution No. 2014 -65 is hereby incorporated by reference. SECTION 3. FINDINGS. Amendments to the General Plan are legislative acts. Neither the City nor State Planning Law set forth any required findings for either approval or denial of such amendments. City Council Resolution No. XX 2. In adopting the Amendments to the 2006 General Plan, the City Council hereby finds, determines and declares that every reasonable effort has been made to incorporate and consider the potential effects of the Land Use Element Amendments on climate change and sustainability into the amended General Plan. This includes the incorporation of specific provisions, goals, objectives and policies. 3. Pursuant to CEQA Guidelines Section 15091, the City Council has reviewed and hereby adopts the CEQA Findings and Facts in Support of Findings as shown on the in Attachment CC 3, Exhibit "C ", entitled "Findings and Facts in Support of Findings for the General Plan Land Use Element Amendment, Final Supplemental Environmental Impact Report, State Clearinghouse No. 2013101064," which exhibit is incorporated herein by reference. 4. Pursuant to CEQA Guidelines Section 15093, the City _pencil has reviewed and hereby makes the Statement of Overriding Consideratio " dverse environmental impacts, attached also as Exhibit °C" entitl d. tatement of Overriding Considerations," which exhibit is incorporated here Ty f6 ence. The City Council finds and declares that through its efforts to prumoC - walkability and embrace sustainable technologies, the Amendments1i consist nt with the Orange County Sustainable Communities Strategy (SCS) a, dtf eg na Transportation Plan (RTP). 5. The proposed land use changes, table and maps) and Exhibit C established thresholds in Charter, is required pursuant to Charter S+ d9piled in Exhibit B of CC3 (Anomaly r Section 423 Analysis), exceed the , and therefore, a vote of the electorate 6. The City Council affirms the t it con id9red, to the best of its ability, all public testimony and all relevant inform #§n ovided to it; and that the Land Use Element amendments adopted by tit resolution represents its best effort to accommodate the diverse and competing ne "s of residents, property owners, and social and economic components of th G 's population and workforce. SECTION 4. DECISION, NOW, THEREFORE, BE IT RESOLVED: 1. The City Council of the City of Newport Beach hereby approves General Plan Amendment No. GP2013 -001 which consists of: a. Land Use Element amendments, attached hereto as Exhibit A and incorporated herein by reference. b. Land use map revisions and Table LU2 Anomalv Locations revisions, attached hereto as Exhibit B and incorporated herein by reference. 2. The subiect Amendment, in its entirety, shall go into effect only if the electorate approves the revisions to the Land Use Map and Table LU2 Anomaly Locations as required by City Charter Section 423. City Council Resolution No. XX 3. Should the Land Use Element Amendment be approved by the electorate, the City Council herby directs the Community Development Department to prepare applicable zoning code and map amendments, and amendments to the City's Coastal Land Use Plan (CLUP). 4. Staff is hereby directed to correct any typographical or scrivener's errors in compiling the final documentation. 5. This resolution was approved and adopted at a regular meeting of the City Council of the City of Newport Beach, held on the 22ntl day of July, 2014, by the following vote, to wit: AYES, COUNCILMEMBERS Rush N. Hill, II, Mayor ATTEST: Leilani I. Brown, MMC, City Clerk City Council Resolution No. XX EXHIBIT A AMENDED LAND USE ELEMENT /GENERAL PLAN The amendments to the Land Use Element (narratives, goals, policies, glossary and implementation plan) are shown as strike -outs (deletions) and underlined (inserts). City Council Resolution No. XX EXHIBIT B ANOMALY LOCATIONS TABLE (LU2) AND AFFECTED LAND USE MAPS The anomaly table includes updated information that reflects land use transfers approved since adoption of the 2006 General Plan. The proposed amendments that increase or decrease land use intensity and /or density, do require approval and are highlighted in yellow. City Council Resolution No. XX EXHIBIT C FINDINGS AND FACTS IN SUPPORT OF FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATION FOR THE GENERAL PLAN LAND USE ELEMENT AMENDMENT SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT (SCH No. 2013101064)