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Home My WebLink About88-13 - Adopting Findings, Final Development Plan, Metro Pointe Phase IIRESOLUTION NO. 88-13 A RESOLUTION CF THE CITY COUNCIL CF THE CITY OF COSTA MESA, CALIFORNIA, ADOPTING FINDIlW3S CON- CERgING THE ENVIRONMENTAL ANALYSIS AND APPROVAL OF THE FINAL EEVELOPMENT PLAN FOR METRO POINTE PEAS E 2. THE CITY COUNCIL CF THE CITY CF COSTA MESA DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, the City Council adopted Resolution 84-107, adopting General Plan Amendment GP -82-3A (Revised) changing the land use designation to High Density Residential and General Canmercial, approving Option I, including General Plan Implementation Guidelines A through F, and establishing a develcpment standard for the maximum square footage building intensity the subject property can develop; and WHEREAS, the City Council Adopted Ordinance 84-36, charging the zoning of the subject property to PLR -HD and PDC to be consistent with the General Plan Amendment; and WHEREAS, the City Council adopted Resolution 84-109 rescinding Specific Plan SP -76-02A for the subject property located north of the San Diego Freeway (I-405), west cf Bear Street, and east cf San Leandro Lane; and VEEREAS, on August 20, 1984, the City Council certified Final EIR-1020 for GP -82-3A (Revised) in compliance with the California Administrative Code, Chapter 3, Article 7, Section 15090; and WHEREAS, the City Council adopted CEQA findings and statement of facts fpr the subject project in compliance with the California Administrative Code, Chapter 3, Article 7, Section 15091; and WiEREAS, said certification and findings were never challenged and became final pursuant to Public Resources Code Section 21167; and WiEREAS, the Metro Pointe Phase 2 Development Plan represents a nDre detailed submittal cf a portion of the same project that was analyzed in Final ET -R-1020 and approved in General Plan Amendment GP -82-3A (Revised) ; and WHEREAS, EIR-1020 has been provided to each member of the City Council fpr their review and consideration; WHEREAS, the City of Costa Mesa (Lead Agency) has prepared an Initial Study for PA -88-03 on the project known as Metro Pointe, Phase 2; NCW, THEREFORE, BE IT RESOLVED by the City Council of the City of Costa Mesa that the following findings be made: A.) No additional EIR need be prepared, pursuant to Public Resources Code Section 21166, as: (1) No changes have been proposed in the Phase 2 submittal which would require major revisions of EIR-1020 due to new or sig- nificant environmental impacts not considered in EIR-1020, based on the following facts: The project analyzed in EIR-1020 established land use des ighat ions of High Density Residential for approximately 12.1 acres arrd General Cammercial for the remaining approx- imately 33.4 acres of the project site. Phase 2 is within the area designated General Cammercial, and the Final Development Plan providing for 3 office buildings and 2 parking structures is consistent with that designation. The project analyzed in EIR-1020 allowed building heights up to 12 stories. The approved General Plan and rezoning S in August and September of 1984 included 419,000 sq. ft. of office space for the area covered by the Phase 2 Final Development Plan; transfer of square footage not to exceed the allocation of any affected phase by nDre than 10% was also approved. These limitations represented a reduction of 160,000 square fleet of of f ice space from that which was examined in EIR-1020. The current submittal calls for 459,800 sq. ft. of office space ficr the Phase 2 area, including a permitted transfer of building intensity to this phase from subsequent phases, amounting to approxi- mately 9.7%. These totals are consistent with both the General Plan and zoning and are below the limits analyzed in EIR-1020. (2) No substantial changes have occurred with respect to the circurmtances under which the project is to be undertaken, which would require arty revisions in EIR-1020 due to new or signif icant environmental impacts be covered in EIR-1020, based on the following f acts: The traffic analyst who prepared the current traffic study reviewed EIR-1020 and found that it had accurately pre- dicted future traffic conditions in the analysis area. (See I-1 of Metro Pointe Phase 2 Traffic Analysis.) There- fore, the circumstances applicable to the project have not changed with respect be traffic so as to require changes to the EIR. Since traffic volumes primarily determine the extent of air quality impacts of the project (See p. 4-22 of EIR-1020), the data base of the air quality impacts analysis in EIR-1020 is likewise unchanged since the EIR was certified. No other potentially changed circumstances that would require important revisions to the EIR have cane to the City's attention. (3) ND new information relating be the project or the environ- mental impacts of the project has becane available which was not known arra could not have been known at the time EIR-1020 was certified as canplete, based on the following facts: Since the EIR was certified on August 20, 1984, the City has undertaken a cumber of traffic studies in the North Costa Mesa area. By this means, several circulation systan improvements have been identified as being needed to accommodate present and future development. These studies and system improvements were anticipated in EIR- 1020, and mitigation measures were set forth that were a general statement of the more specific measures identi- fied in the subsequent traffic studies. The Metro Pointe Phase 2 Traffic Analysis had as one of its purposes the identification of those particular traffic mitigation measures that should be applied to Phase 2 of the project, and it has done so. Those Phase 2 mitigation measures are a more specific statement of the traffic mitigation meas- ures found at pages 4-41 and 4-45 or EIR-1020 (See also p. IV -1 of Phase 2 Traffic Analysis) , including require- ments that the development of the project "be phased, with each new phase requiring the submittal of a traffic anal- ysis update be assure the adequacy of the circulation sys- tem for that phase," and that the developer "participate in funding or constructing off-site street improvements pursuant to the programs established by the City." Since the traffic studies arra circulation system improvements, as well as their funding, were all planned and included in general terms within EIR-1020, the City Council finds that none of these constitute new information that was not known and could not have been known at the tine the final EIR-1020 was certified. No other potentially significant new information concern- ing the project, within the neaning of CEQA Guidelines Section 15162, has cane to the City's attention. (4) Based on the Initial Study for Planning Action PA -88-03, the Metro Pointe Phase 2 Traffic Analysis, arra the other evidence in the record, and pursuant to CEQA Guidelines Section 15162, the City Council finds that no new effects can occur and no new mitigation measures are required; therefore, the Metro Pointe Phase 2 Final Development Plan is within the scope of the project covered by EIR-1020 arra is approved accordingly. B.) The mitigation measures identified in the Initial Study for PA -88-03 (Metro Pointe Phase 2) shall be made conditions of approval of the Final Development Plan. C.) Notwithstanding any of the fDregoing, EIR-1020 meets the require- aents of CEQA Guidelines §§15165 and 15168, and no new environ- mental document is required, by reason cf the fact that the Phase 2 Final Development Plan was part of the project analyzed in EIR-1020 and has not changed since the date on which EIR-1020 was certified. D. ) EIR-1020 was certified on August 20, 1984 and never challenged. All applicable statutes of limitations have run concerning its challenge and it is now final and complete. E.) Based on EIR-1020 arra the other evidence in the record, the City Council finds that the Phase 2 Final Develcpment Plan is substan- tially compatible with developments in the same general area and would not be materially detrimental to other properties within the area; and that approval of the Phase 2 Development Plan will not be materially detrimental to the health, safety, and general welfare of the public or otherwise injurious to property or improvements within the immediate neighborhood and will not allow a use, density or intensity which is not in accordance with the General Plan designation for the property or for the zoning on the property. F.) Based on EIR-1020 and the other evidence in the record, the City Council finds that Metro Pointe Phase 2 Final Development Plan is compatible with the intent and spirit cf the Planned Development Ordinance and applicable elements of the General Plan, and that development based on approval of the Final Development Plan would enhance the health, safety, comfort, convenience, and general welfare of the public in the neighborhood. PASSED AND ADOPTED this 16th day of February, 1988. ATTEST: City Clerk of the City o Casta Mega Mayor of the City of Costa Mesa STATE CF CALIFORNIA ) 03UNTY CF ORANGE ) ss CITY CF OJSTA MESA ) I, EILEEN P. PHINNEY, City Clerk and ex -officio Clerk of the City Council of the City of Costa Mesa, hereby certify that the above and fore- going Resolution No. 88-13 was duly and regularly passed and adopted by the said City Council at a regular greeting thereof held on the 16th day of February, 1988. IN WITNESS WHERECF, I have hereunto set my hand arra affixed the Seal of the City of Costa Mesa this 18th day of February, 1988. p City Clerk and ex-cff icio Clerk Cf he City Council of the City of Cost esa