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HomeMy WebLinkAbout88-65 - Findings for Metro Pointe Phase III, Vesting Tentative Tract MapRESOLUTION NO. 88-65 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADOPTING FINDINGS CON- CERNING THE ENVIRONMENTAL ANALYSIS AND APPROVAL OF THE FINAL DEVELOPMENT PLAN AND VESTING TENTA- TIVE TRACT MAP FOR METRO POINTE PHASE 3. THE CITY COUNCIL OF THE CITY OF 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 development standard for the maximum square footage building intensity the subject property can develop; and WHEREAS, the City Council adopted Ordinance 84-36, changing the zoning of the subject property to PDR -HD and PDC to be consistent with the General Plan Amendment; and WHEREAS, the City Council adopted Resolution 84-109 rescinding Speci- fic Plan SP -76-02A for the subject property located north of the San Diego Freeway (I-405), west of Bear Street, and east of San Leandro Lane; and WHEREAS, on August 20, 1984, the City Council certified Final EIR-1020 for GP -82-3A (Revised) in canpliance with the California Administrative Code, Chapter 3, Article 7, Section 15090; and WHEREAS, the City Council adopted CEQA findings and statement of facts for the subject project in canpliance with the California Administrative Code, Chapter 3, Article 7, Section 15091; and WHEREAS, said certification and findings were never challenged and became final pursuant to Public Resources Code Section 21167; and WHEREAS, the Metro Pointe Phase 3 Development Plan and Vesting Tenta- tive Tract Map represent a more detailed submittal of a portion of the same project that was analyzed in Final EIR-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 for their review and consideration; and WHEREAS, the City of Costa Mesa (Lead Agency) has prepared an Initial Study for PA -88-72 and VT -13470 on the project known as Metro Pointe Phase 3; NOW, 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 3 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 designations of High Density Residential for approximately 12.1 acres and General Camnercial for the remaining approxi- mately 33.4 acres of the project site. Phase 3 is within the area designated General Ccmiercial, and the Final Development Plan providing for 3 office buildings, one 2 -story camiercial building and two 6 -level parking struc- tures is consistent with that designation. The project analyzed in EIR-1020 allowed building heights up to 15 stories for this phase. The approved General Plan and rezoning in August and September of 1984 included 836,000 sq.ft. of office space and 30,000 sq.ft. of commercial space for the area covered by the Phase 3 Final Development Plan. Transfer of square footage not to exceed the allo- cation of any affected phase by more than 10% was also approved. The current submittal calls for 825,256 sq.ft. of office and commercial space and a maximum building height of 15 stories, a reduction of 40,744 sq.ft. or 4.7%, in building intensity, and a reduction from 12 to 10 stories on one of the office buildings. These totals are consistent with both the General Plan and zoning and are below the limits analyzed in EIR-1020. (See staff report for PA -88-72, p. 4 and Figure 1.) (2) No substantial changes have occurred with respect to the cir- cumstances under which the project is to be undertaken, which would require any revisions in EIR-1020 due to new or sig- nificant environmental impacts not covered in EIR-1020, based on the following facts: 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 p. I-3 of Metro Pointe Phase 3 Traffic Analysis.) Therefore, the circumstances applicable to the project have not changed with respect to 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 came to the City's attention. (3) No new information relating to the project or the environ- mental impacts of the project has become available which was not known and 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 number of traffic studies in the North Costa Mesa area. By this means, several circulation system improvements have been identified as being needed to accom- modate present and future developments. 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 identified in the subsequent traffic studies. The Metro Pointe Phase 3 Traffic Analysis had as one of its purposes the identifica- tion of those particular traffic mitigation measures that should be applied to Phase 3 of the project, and it has done so. Those Phase 3 mitigation measures are a more specific statement of the traffic mitigation measures found at pp. 4-41 and 4-45 of EIR-1020 (See also pp. V-2 through V-6 of Phase 3 Traffic Analysis), including requirements that the development of the project "be phased, with each new phase requiring submittal of a traffic analysis update to assure the adequacy of the circulation system 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 and circulation system improvements, as well as the 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 time the Final EIR-1020 was certi- fied. No other potentially significant new information concerning the project, within the meaning of CEQA Guide- lines Section 15162, has ccme to the City's attention. (4) Based on the Initial Study for Planning Action PA -88-72 and VT -13470, the Metro Pointe Phase 3 Traffic Analysis, and 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 3 Final Development Plan is within the scope of the project covered by EIR-1020 and is approved accordingly. B) The mitigation measures identified in the Initial Study for PA -88-72 and VT -13470 (Metro Pointe Phase 3) shall be made condi- tions of approval of the Final Development Plan, together with additional conditions recanmended by City staff and adopted by the City Council. C) Notwithstanding any of the foregoing, EIR-1020 meets the require- ments of CEQA Guidelines S§15165 and 15168, and no new environ- mental document is required, by reason of the fact that the Phase 3 Final Development Plan was part of the project analyzed in EIR-1020 and has not changed significantly 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 canplete. E) Based on EIR-1020 and the other evidence in the record, the City Council finds that the Phase 3 Final Development Plan is substan- tially canpatible 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 3 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 3 Final Development Plan is canpatible with the intent and spirit of 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, canfort, convenience, and general welfare of the public in the neighborhood. The City Council further finds that the Vesting Tentative Tract Map, with condi- tions imposed, is consistent with the development plan and all applicable regulations. PASSED AND ADOPTED this 15th day of August Mayor of the City of Costa Mesa ATTEST: ta Me C ty Clerk of the City of Cos STATE OF CALIFORNIA ) COUNTY OR ORANGE ) ss. CITY OF COSTA 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. 88-65 was duly and regularly passed and adopted by the said City Council at a regular meeting held on the 15th day of August, 1988. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the City of Costa Mesa this 16th day of August 1988. 21 Ci y Clerk and ex -officio Clerk of t City Council of the City of Costa