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Home My WebLink About2016-88 - Adopting Addendum 1 to the Lido House Hotel Certified Environmental Impact Report (PA2016-061)RESOLUTION NO. 2016-88 A RESOLUTION OF THE CITY COUNCIL OF CITY OF NEWPORT BEACH, CALIFORNIA, ADOPTING ADDENDUM 1 TO THE LIDO HOUSE HOTEL CERTIFIED ENVIRONMENTAL IMPACT REPORT (PA2016-061) WHEREAS, the City Council previously approved General Plan Amendment No. GP2012-002, Coastal Land Use Plan Amendment No. LC2012-001, Zone Code Amendment No. CA2012-003, Site Development Review No. SD2014-001, Conditional Use Permit No. UP2014-004, and Traffic Study TS2014-005 authorizing a 130 -room hotel called the Lido House Hotel at the former City Hall site located at 3300 Newport Boulevard and 47532 nd Street ("Property"); WHEREAS, in conjunction with the approval of the Lido House Hotel project, the Lido House Hotel Final Environmental Impact Report No. ER2014-003 (SCH No. 2013111022) ("EIR") was prepared in compliance with the California Environmental Quality Act ("CEQA"), the State CEQA Guidelines, and City Council Policy K-3; WHEREAS, on September 9, 2014, the City Council certified the adequacy and completeness of the Lido House Hotel Final EIR (SCH No. 2013111022) by adopting Resolution No 2014-80; WHEREAS, an application was filed by Olson Real Estate Group, Inc. on behalf of Lido House, LLC ("Applicant") with respect to the Property; WHEREAS, the Applicant requests approval of a General Plan Amendment, Coastal Land Use Plan Amendment, Zoning Code Amendment, and amendments to Site Development Review No. SD2014-001 and Conditional Use Permit No. 2014-004 to increase the maximum allowable floor area for the hotel by 4,745 square feet. The maximum allowable development of the Property would increase from 98,625 square feet to 103,470 gross square feet for the Lido House Hotel; WHEREAS, pursuant to CEQA Guidelines Sections 15162 and 15164, if changes occur to a project or its circumstances, or if new information becomes available after certification of an EIR, an addendum to the certified EIR may be prepared and the City of Newport Beach is not required to prepare a subsequent EIR to review the changes or new information provided there are no new significant environmental impacts; WHEREAS, upon receipt of the application for the increased floor area for the Lido House Hotel (`Project'), the City of Newport Beach prepared Addendum 1 to the Certified EIR for the Project, consistent with the requirements of CEQA; WHEREAS, the Community Development Department recommends the City Council find that Addendum 1 to the Certified EIR complies with the requirements of CEQA; WHEREAS, after considering the Certified EIR, the public testimony and written submissions, if any, of all interested persons desiring to be heard, the City Council finds based upon facts, findings, and reasons provided in this resolution to support adopting Addendum 1 to the Certified EIR; Resolution No. 2016-88 Page 2 of 3 WHEREAS, the modified project is consistent with and implements the General Plan; WHEREAS, the Certified EIR reviewed the existing conditions of the City and Project vicinity; analyzes potential environmental impacts from implementation of the development; and identifies mitigation measures to reduce potentially significant impacts from implementation of the development; WHEREAS, the modified Project does not increase development intensity or building height or associated impacts beyond the levels considered in the Certified EIR; WHEREAS, since the adoption of the EIR in 2014, no substantial changes have occurred with respect to the circumstances under which the EIR was certified for the Project; and no substantial changes to the environmental setting of the Project site have occurred, and 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 the time of adoption; WHEREAS, 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 Section 15162; WHEREAS, based on these findings, the Certified EIR and Addendum 1 to the Certified EIR, the City Council has determined that no subsequent EIR is required or appropriate under CEQA Guidelines Sections 15162 and 15164. Addendum 1 to the Certified EIR satisfies CEQA's environmental review requirements for the modified Project as proposed by the applicant; WHEREAS, based on the facts and analysis contained in Addendum 1 to the Certified EIR, the City Council finds that the modified Project will not have, when compared to the Certified EIR, any significant environmental impacts; WHEREAS, the modified Project will not result in any significant environmental impacts which are individually limited, but cumulatively considerable, when viewed in connection with planned or proposed development in the immediate vicinity; WHEREAS, the City Council has considered the previously Certified EIR and the Addendum 1 to the Certified EIR, and has concluded that the Addendum reflects the independent judgment of the City; 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; Resolution No. 2016-88 Page 3 of 3 WHEREAS, the Planning Commission held a public hearing on June 23, 2016, in the City Hall Council Chambers located at 100 Civic Center Drive, Newport Beach, California. A notice of the time, place and purpose of the public hearing was provided in accordance the Newport Beach Municipal Code ("NBMC"). At the conclusion of the hearing, the Planning Commission voted unanimously (7-0) to adopt Planning Commission Resolution No. 2020 recommending adoption of Addendum 1 to the Certified EIR and approval of the requested applications; and WHEREAS, the City Council held a public hearing on July 26, 2016, in the City Hall Council Chambers located at 100 Civic Center Drive, Newport Beach, California. A notice of the time, place and purpose of the public hearing was provided in accordance the NBMC. NOW THEREFORE, the City Council of the City of Newport Beach hereby resolves as follows: Section 1: The City Council of the City of Newport Beach hereby adopts Addendum 1 and finds that the recitals provided above are true and correct and constitute the findings of the City Council in support of the adoption of Addendum 1 to the Certified Lido House Hotel EIR, which is attached hereto and incorporated herein by reference. Section 2: If any section, subsection, sentence, clause or phrase of this resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this resolution. The City Council hereby declares that it would have passed this resolution, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. Section 3: This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution. ADOPTED this 26th day of July, 2016. c Diane B. Dixon Mayor ATTEST: O/11112 E Leilani I. Brown City Clerk EXHIBIT A General Plan Amendment No. GP2016-001 Amend Table LU -2 to modify Anomaly Location #85 as shown in the following table: Table LU2 Anomaly Locations Anomoly Statistical Land Use Development Development Limit Limits Other Additional information Number Area Designation Accessory commercial floor area is allowed in conjunction with a hotel 98,725 and it is included within 85 B5 CV -LV the hotel development 103,470sfofhotel limit. Municipal facilities are not restricted or included in any development limit. STATE OF CALIFORNIA } COUNTY OF ORANGE CITY OF NEWPORT BEACH } I, Leilani f. 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. 2016-88 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 261h day of July, 2016, and that the same was so passed and adopted by the following vote, to wit: AYES: Council Member Peotter, Council Member Duffield, Council Member Selich, Council Member Curry, Council Member Petros, Mayor Pro Tem Muldoon, Mayor Dixon NAYS: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 27th day of July, 2016. k /,A*(- I Leilani I. Brown, MMC City Clerk Newport Beach, California (Seal)