Loading...
HomeMy WebLinkAboutExhibit 2 - Exhibit 2 - Draft Resolution Approving GPA 2007-005Exhibit No. 2 Draft Resolution approving General Plan Amendment No. 2007 -005 2•I LEFT THIS PACE IN ENT ONALLY BLANK 2..7. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING GENERAL PLAN AMENDMENT NO. 2007 -005 AMENDING TABLE LU2 OF THE LAND USE ELEMENT FOR HOAG MEMORIAL HOSPITAL PRESBYTERIAN, STATISTICAL AREA A3 (PA 2007 -073) WHEREAS, Hoag Memorial Hospital Presbyterian has applied to the City of Newport Beach for General Plan Amendment No. 2007 -005, Planned Community Development Plan Amendment No. 2007 -001 and Development Agreement No. 2007 -001 (PA 2007 -073) referred to as the Hoag Master Plan Update for the 38 -acre, Hoag Hospital campus located at One Hoag Drive in the City of Newport Beach ("Property"); and WHEREAS, the application seeks approval of an amendment of Table LU2 of the Land Use Element of the General Plan such that the development limit set for Anomaly Number 56 (Hoag Upper Campus) would be increased by a maximum of 225,000 gross square feet provided that total development within Anomaly No. 57 (Hoag Lower Camus) is reduced by an identical amount; and WHEREAS, the Planning Commission held a public hearing on January 31, 2008, February 7, 2008, March 6, 2008, and March 20, 2008 in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California, at which time the Planning Commission considered the proposed amendment of the General Plan, the proposed amendment of the Hoag Memorial Hospital Presbyterian Planned Community Development Criteria and District Regulations, a proposed amendment of the Hoag Hospital Development Agreement and a Supplemental Environmental Impact Report to the Hoag Hospital Master Plan Final Environmental Impact Report No. 142 and the full administrative record. A notice of time, place, and purpose of the hearing was given in accordance with the Municipal Code. Evidence, both written and oral, was presented to and considered by the Planning Commission at the hearing. At the conclusion of the hearing and after considering the evidence and arguments submitted by the City staff, Hoag Memorial Hospital Presbyterian, and all interested parties, the Planning Commission adopted; (1) Resolution No. 1752 recommending certification of a Supplemental Final Environmental Impact Report (SCH# 19910071003) prepared for the application, and (2) Resolution No. 1753 recommending approval of General Plan Amendment No. 2007 -005, Planned Community Development Plan Amendment No. 2007 -001 and Development Agreement No. 2007 -001 (PA 2007 -073); and WHEREAS, the City Council held a noticed public hearing on April 16, 2008, to consider the recommendation of the Planning Commission; and WHEREAS, the City Council finds that: 1. The General Plan Amendment No. 2007 -005, as set forth in Exhibit 'A" is consistent with the General Plan Policy LU 6.1, which calls for, "A diversity of governmental, institutional, educational, cultural, social, religious, and medical facilities that are available for and enhance the quality of life for residents and are located and designed to complement Newport Beach's neighborhoods." Strategy 6.1.5 states that the City will, "Support Hoag Hospital in its mission to provide adequate facilities to meet the needs of area residents. 2.3 Resolution No. Page 2 of 5 Work with the Hospital to ensure that future development plans consider its relationship to and assure compatibility with adjoining residential neighborhoods and mitigate impacts on local and regional transportation systems." City of Newport Beach, Cal., General Plan 2006 Update, at 3-63 and 3 -64 (July 25, 2006). General Plan Amendment No. 2007 -005 is compatible with General Plan Policy LU 6.1 and strategy 6.1.5 because it provides for greater flexibility for development to meet the community's health care needs while not impacting local or regional transportation networks as shown by the traffic impact analysis prepared for the application and provides for increased noise mitigation between Hoag and Villa Balboa. 2. In accordance with the California Environmental Quality Act (CEQA) (Cal. Pub. Res. Code § §21000, et seq.) and its implementing State regulations (CEQA Guidelines) (14 Cal. Reg. § §15000, et seq.), the City of Newport Beach prepared Final EIR No. 142 which was certified by the City of Newport Beach in 1992. Final EIR No. 142 was prepared to address the potential environmental effects associated with the Hoag Hospital Master Plan development program. Final EIR No. 142 addressed potential environmental effects associated with the phased reconstruction and development of the Upper Campus and the development of the Lower Campus. Final EIR No. 142 included a supplemental EIR volume (Final EIR No. 142, Volume V), which was prepared in accordance with CEQA Guidelines §15163, provided clarifications to the EIR and project, and was distributed before Final EIR No. 142 was certified. 3. A Supplemental Final Environmental Impact Report (SCH No. 19910071003) was prepared in accordance with the provisions of the California Environmental Quality Act (CEQA), Public Resources Code § §21000, et seq., and the State CEQA Guidelines, California Code of Regulations § §15000, et seq. The purpose of the SEIR is to analyze the potential impacts of the proposed changes to the Hoag Hospital Master Plan development program. The City Council considered and certified the Supplemental Final Environmental Impact Report on April 16, 2008 by adopting certain_ CEQA Findings of Facts and a Statement of Overriding Circumstances contained within Resolution No. 2008- which are hereby incorporated by reference. WHEREAS, Charter Section 423 requires all proposed General Plan Amendments to be reviewed to determine if the square footage, peak hour vehicle trip or dwelling unit thresholds have been exceeded and a vote by the public is required. In accordance with Council Policy A -18, a voter approval is not required as the project represents no increase in residential units, no increase in nonresidential floor area and no increases in peak hour traffic trips. WHEREAS, 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. Z-1 Resolution No. NOW, THEREFORE, BE IT RESOLVED, Page 3 of 5 SECTION 1. the City Council of the City of Newport Beach does hereby approve General Plan Amendment No. 2007 -005 by amending Table LU2 of the Land Use Element as depicted in Exhibit "A ". SECTION 2 The Planning Director is hereby directed to amend the official Land Use Map to eliminate Anomaly Number 57 and to combine the Hoag Upper and Lower Campuses under Anomaly Number 56. SECTION 3. To the fullest extent permitted by law, Hoag shall indemnify, defend and hold harmless City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any, and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to City's approval of this Amendment to Development Agreement No. 5 including, but not limited to, the approval of the Planned Community Text and /or the City's related California Environmental Quality Act determinations, the certification of the Supplemental Environmental Impact Report, the adoption of a Mitigation Program, and /or statement of overriding considerations for this Project. This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, causes of action, suit or proceeding whether incurred by Hoag, City, and /or the parties initiating or bringing such proceeding. Hoag shall indemnify the City for all of City's costs, attorneys' fees, and damages which City incurs in enforcing the indemnification provisions set forth in this condition. The applicant shall pay to the City upon demand any amount owed to the City pursuant to the indemnification requirements prescribed in this condition. SECTION 4. This resolution shall take effect immediately upon its adoption by the City Council of the City of Newport Beach, and the Secretary to the City Council shall certify to the vote adopting this resolution and shall cause a certified copy of this resolution to be filed. PASSED, APPROVED, AND ADOPTED this AYES, COUNCIL MEMBERS NOES, COUNCIL MEMBERS ABSENT, COUNCIL MEMBERS day of 2008. MAYOR 2.S Resolution No. ATTEST: CITY CLERK Page 4 of 5 0.6 Resolution No. Exhibit "A" Page 5 of 5 The following changes to Table LU -2 of the Land Use Element of the General Plan applies to the specified Anomaly Locations listed below only and the remainder of Table LU -2 remains unchanged. Table LL12 Anomaly Locations Anomah SfaNsflca! Land Use Development ?- Number . i Area Designation .. limit a 'Develo ment.l mlt Oth .: .- :Adddionallnformahon In no event shall the total 1.343.238 990,349 sf Upper Campus combined gross floor area of 56 A3 PI both campuses exceed the 766,349 577,889 sf Lower Campus development limit of 1,343,238 sq. ft. 57 A3 P4 577;888 7,-T