HomeMy WebLinkAbout2024-9 - Notifying the Orange County Airport Land Use Commission and State Department of Transportation, Aeronautics Program of the City's Intention to Find that the Residences at 1400 Bristol Project is Consistent with the Purpose of the State AeronauticRESOLUTION NO. 2024- 9
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, NOTIFYING THE
ORANGE COUNTY AIRPORT LAND USE COMMISSION
AND STATE DEPARTMENT OF TRANSPORTATION,
AERONAUTICS PROGRAM OF THE CITY'S INTENTION
TO FIND THAT THE RESIDENCES AT 1400 BRISTOL
PROJECT IS CONSISTENT WITH THE PURPOSE OF
THE STATE AERONAUTICS ACT AND OVERRULE THE
ORANGE COUNTY AIRPORT LAND USE
COMMISSION'S DETERMINATION THAT THE PROJECT
IS INCONSISTENT WITH THE 2008 JOHN WAYNE
AIRPORT ENVIRONS LAND USE PLAN (PA2022-0296)
WHEREAS, Section 200 of the City of Newport Beach ("City") Charter vests the
City Council with the authority to make and enforce all laws, rules, and regulations with
respect to municipal affairs subject only to the restrictions and limitations contained in the
Charter and the State Constitution, and the power to exercise, or act pursuant to any and
all rights, powers, and privileges, or procedures granted or prescribed by any law of the
State of California;
WHEREAS, an application was filed by The Picerne Group ("Applicant"), with
respect to the property located at 1400 Bristol Street, and legally described in Exhibit A,
which is attached hereto and incorporated by reference ("Property");
WHEREAS, the Applicant is requesting approval to demolish two existing office
buildings and develop 229 apartment units including a 422 space parking structure
("Project") which require the following approvals:
• General Plan Amendment ("GPA") — An amendment to the existing General Plan
Land Use designation from General Commercial Office (CO-G) to Mixed Use
Horizontal 2 (MU-H2), to increase the General Plan allowance for the additional
64 dwelling units, and revise Anomaly 16 of the General Plan Table LU2
(Anomaly Locations) to allow 64 residential dwelling units;
• Planned Community Development Plan Amendment ("PCDP Amendment") —An
amendment to the Newport Place Planned Community (PC-11) Development
Plan to include the Property within the Residential Overlay;
Resolution No. 2024-9
Page 2 of 9
• Major Site Development Review ("SDR") — A site development review in
accordance with the Newport Place Planned Community (PC-11) and Section
20.52.080 (Site Development Reviews) of the Newport Beach Municipal Code
("NBMC"), to construct the Project;
• Affordable Housing Implementation Plan ("AHIP") — A program specifying how
the Project would meet the City's affordable housing requirements in exchange
for a request of a 50% increase in density; and including a request for six
development standard waivers related to park land dedication, building setbacks,
building height, private open space, common open space along with a
development concession related to the mix of affordable units pursuant to
Chapter 20.32 (Density Bonus) of the NBMC and Government Code Section
65915 et seq.;
• Development Agreement ("DA") — A Development Agreement between the
Applicant and the City, pursuant to Section 15.45.020 (Development Agreement
Required) of the NBMC, which would provide the Applicant with the vested right
to develop the Project while also providing negotiated public benefits to the City;
• Addendum to the 2006 General Plan Update Program Environmental Impact
Report ("Addendum") —An Addendum to the 2006 General Plan Update Program
Environmental Impact Report pursuant to the California Environmental Quality
Act ("CEQA"), which addresses the reasonably foreseeable environmental
impacts resulting from the Project; and
• Traffic Study — A traffic study pursuant to Chapter 15.40 (Traffic Phasing
Ordinance) of the NBMC;
WHEREAS, the Property is designated General Commercial Office (CO-G) by the
City of Newport Beach General Plan ("General Plan") Land Use Element and is located
within the Newport Place Planned Community — Industrial Site 3A (PC-11) Zoning District;
WHEREAS, the Project is not located in the coastal zone; therefore, amending the
Local Coastal Program or a coastal development permit is not required;
WHEREAS, the Property is located in the Airport Area Environs ("Airport Area") of
the 6t" Cycle Housing Element as one of the 62 new housing opportunity sites allocated in
the certified 6t" Cycle Housing Element to meet the City's Regional Housing Needs
Assessment ("RHNA") allocation of 4,845 new housing units;
Resolution No. 2024-9
Page 3 of 9
WHEREAS, on November 14, 2023, the City Council approved Resolution Nos.
2023-20 and 2023-21 and Ordinance Nos. 2023-20 and 2023-21, authorizing
amendments to the Noise Element and Land Use Element of the General Plan, Title 20
(Planning and Zoning) ("Title 20") of the NBMC, Newport Place Planned Community
Development Plan (PC-11), and Newport Airport Village Planned Community
Development Plan (PC-60) to update the noise contours identified by the 2014 John
Wayne Airport Settlement Agreement Amendment Environmental Impact Report No. 617
("EIR No. 617"), allowing residential units identified by the certified 6th Cycle Newport
Beach Housing Element to be located within the 65 decibel ("65 dBA") Community Noise
Equivalent Level ("CNEL") noise contour maps analyzed in EIR No. 617, and
incorporating additional noise attenuation measures for future housing units proximate to
John Wayne Airport ("6th Cycle Housing Element Implementation Noise -Related
Amendments");
WHEREAS, the Property is located within the 60 dBA noise contour as shown on
the updated noise contour maps adopted as part of the 6th Cycle Housing Element
Implementation Noise -Related Amendments;
WHEREAS, a public hearing was held by the Planning Commission on December
7, 2023, in the Council Chambers at 100 Civic Center Drive, Newport Beach, California.
A notice of time, place and purpose of the hearing was given in accordance with
Government Code Section 54950 et seq. (Ralph M. Brown Act), and Chapter 15.45
(Development Agreements), Chapter 20.56 (Planned Community District Procedures),
and Chapter 20.62 (Public Hearings) of the NBMC. Evidence, both written and oral, was
presented to, and considered by, the Planning Commission at this hearing,
WHEREAS, at the hearing, the Planning Commission adopted Resolution No.
PC2023-043 by a majority vote (6 ayes, 0 nays, 1 absent) recommending that the City
Council approve the Project;
WHEREAS, California Public Utilities Code ("PUC") Section 21676(b) requires
the City to refer the Project to the Orange County Airport Land Use Commission ("ALUC")
to review for consistency with the 2008 John Wayne Airport Environs Land Use Plan
("AELUP");
Resolution No. 2024-9
Page 4 of 9
WHEREAS, on January 18, 2024, ALUC determined (6 ayes, 0 nays) the Project
is inconsistent with the following provisions of the AELUP:
a. Section 2.1.1 (Aircraft Noise), which provides that the "aircraft noise emanating
from airports may be incompatible with the general welfare of the inhabitants
within the vicinity of an airport";
b. Section 2.1.2 (Safety Compatibility Zones), which provides "the purpose of
these zones is to support the continued use and operation of an airport by
establishing compatibility and safety standards to promote air navigational
safety and to reduce potential safety hazards for persons living, working or
recreating near JWX; and
c. Section 3.2.1 (General Policy), which provides that "[w]ithin the boundaries of
the AELUP, any land use may be found to be Inconsistent with the AELUP [if
it] ... (1) [p]laces people so that they are affected adversely by aircraft noise [or]
(2) concentrates people in areas susceptible to aircraft accidents...";
WHEREAS, pursuant to Section 21670 and 21676 of the PUC, the City Council
may, after a public hearing, propose to overrule ALUC by a two-thirds vote, if it makes
specific findings that the Project is consistent with Section 21670 of the PUC's purpose
of protecting the public health, safety, and welfare by ensuring the orderly expansion of
airports and the adoption of land use measures that minimize the public's exposure to
excessive noise and safety hazards within areas around public airports to the extent that
these areas are not already devoted to incompatible uses; and
WHEREAS, a public hearing was held by the City Council on February 13, 2024,
in the City Council Chambers located at 100 Civic Center Drive, Newport Beach,
California. A notice of time, place, and purpose of the hearing was given in accordance
with PUC Section 21676(b) and the Ralph M. Brown Act. Evidence, both written and oral,
was presented to, and considered by, the City Council at this hearing.
Resolution No. 2024-9
Page 5of9
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows..
Section 1: The City Council finds the Project consistent with the purposes of
Section 21670 of the PUC and the AELUP of protecting the public health, safety, and
welfare by ensuring the orderly expansion of airports and the adoption of land use
measures that minimize the public's exposure to excessive noise and safety hazards
within areas around public airports to the extent that these areas are not already devoted
to incompatible uses.
Findings and Facts in Support of Findings
A. The Project is consistent with the noise standards of the AELUP.
The AELUP guides development proposals to provide for the orderly development of John
Wayne Airport ("JWK) and the surrounding area through implementation of the standards
in Section 2 (Planning Guidelines) and Section 3 (Land Use Policies). Implementation of
these standards are intended to protect the public from the adverse effects of aircraft
noise, ensure that people and facilities are not concentrated in areas susceptible to
aircraft accidents, and ensure that no structures or activities adversely affect navigable
airspace.
Section 2.1.1 of the AELUP sets forth the CNEL standards, and Sections 3.2.3 and 3.2.4
of the AELUP defines the noise exposure in the 60 dBA to 65 dBA CNEL noise contour
(Noise Impact Zone 2) as "Moderate Noise Impact" and in the 65 dBA to 70 dBA CNEL
noise contour (Noise Impact Zone 1) as "High Impact." Section 3, Table 1 (Limitations on
Land Use Due to Noise) of the AELUP identifies residential use as "conditionally
consistent" within the 60 dBA to 65 dBA CNEL noise contour and "normally inconsistent"
within the 65 dBA to 70 dBA CNEL noise contour. However, residential uses are not
outright prohibited. Instead, Section 3.2.3 of the AELUP requires the residential uses be
developed with advanced insulation systems to bring the sound attenuation to no more
than 45 dBA within the interior of the building. In addition, residential uses within the 65
dBA CNEL noise contour area are required to be "indoor -oriented" to preclude noise
impingement on outdoor living areas.
Resolution No. 2024-9
Page 6 of 9
The Project is located within the updated 60 dBA CNEL noise contour, consistent with the
approved 6th Cycle Housing Element Implementation Noise -Related Amendments.
Additionally, the Project has been conditioned to provide an acoustical report which
describes the best design features of the structure that will satisfy noise standards, be
attenuated to provide a maximum interior noise level of 45 dBA and provide advanced air
filtration systems to promote cleaner air without the opening of windows. These conditions
of approval mitigate noise issues for the Project and is consistent with the 45 dBA interior
noise standards of the AELUP.
B. The proposed Amendments are consistent with the safety standards of the
AELUP.
Section 2.1.2 (Safety Compatibility Zones) of the AELUP sets forth zones depicting which
land uses are acceptable in various portions of JWA environs. Allowed uses in Safety
Zone 6 include residential and most nonresidential uses, excepting outdoor stadiums and
similar uses with very high intensities. Uses that should be avoided include children's
schools, large day-care centers, hospitals, and nursing homes. Risk factors associated
with Safety Zone 6 generally include a low likelihood of accident occurrence.
The Project is located within Safety Zone 6 and residential uses are allowed in the zone.
The City's General Plan Safety Element Policy S 8.6 demonstrates that the City
acknowledges the importance of the JWA Safety Zones in providing, "S 8.6 John Wayne
Airport Traffic Pattern Zone - Use the most currently available John Wayne Airport (JWA)
Airport Environs Land Use Plan (AELUP) as a planning resource for evaluation of land
use compatibility and land use intensity in areas affected by JWA operations. In particular,
future land use decisions within the existing JWA Clear Zone/Runway Protection Zone
(Figure S5) should be evaluated to minimize the risk to life and property associated with
aircraft operations."
The Project complies with the policies and regulations within the JWA Airport Planning
Area and follows the safety standards of the AELUP as it is located within Safety Zone 6
and is not within the JWA Clear Zone/Runway Protection Zone.
Resolution No. 2024-9
Page 7 of 9
C. The Project is consistent with the height standards of the AELUP.
Section 2.1.3 (Building Height Restrictions) of the AELUP sets forth building height
restrictions. Section 2.1.3 provides that ALUC consider only one standard as provided in
14 Code of Federal Regulations ("C.F.R.") Part 77 (also referred to as the Federal Aviation
Regulations). Section 2.1.3 provides that the Federal Aviation Regulations are the only
definitive standard available and the standard most generally used. Section 2.1.3
identifies the FAA as the single "Authority" for analyzing project impact on airport or
aeronautical operations, or navigational -aid siting, including interference with
navigational -aids or published flight paths and procedures along with reporting results of
such studies and project analysis.
The FAA conducted an aeronautical study for the Project consistent with the Federal
Aviation Regulations. The FAA issued a Determination of No Hazard to Air Navigation on
January 17, 2023, thereby finding the development does not exceed obstruction
standards and would not be a hazard to air navigation. The FAA reviewed the proposed
height of the project assuming an existing site elevation of 54 feet, with a proposed
building that is 85 feet above ground level, and 139 feet above mean sea level ("AMSL").
The FAA further found that marking and lighting of the Project are not necessary for
aviation safety. Any increase in height of the structure above the proposed 85-foot
building height would require a revised Determination of No Hazard to Air Navigation from
the FAA. Additionally, there are other buildings in the vicinity of the project that are taller
than the Project including the building at 1500 Quail Street that is approximately 144 feet
AMSL.
Section 2: Based on the foregoing findings, the City Council provides this notice
of intention to overrule the ALUC's determination that the Project is inconsistent with the
AELUP.
Section 3: The City Council hereby directs City staff to provide ALUC and State
Department of Transportation, Aeronautics Program, with notice of the City's intention to
overrule ALUC's determination that the Project is inconsistent with the AELUP.
Section 4: The recitals provided in this resolution are true and correct and are
incorporated into the operative part of this resolution.
Resolution No. 2024-9
Page 8 of 9
Section 5: 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 6: The City Council finds the adoption of this resolution is not subject to
the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the
activity will not result in a direct or reasonably foreseeable indirect physical change in the
environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378)
of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3,
because it has no potential for resulting in physical change to the environment, directly or
indirectly.
Specifically, the resolution does not have the potential for resulting in either a direct
physical change in the environment, or a reasonably foreseeable indirect physical change
in the environment because it is limited to the notification of the City's intent to overrule
the ALUC determination and it does not authorize the development of the Property or
commit the City to approve the Project. Potential project impacts will be analyzed when
the City Council considers the Project.
Resolution No. 2024-9
Page 9 of 9
Section 7: 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 13th day of February, 2024.
Z5�� - �-- -
Will O'Neill
Mayor
ATTEST:
Leilani f. Brown I 'h
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Aafod C. Harp
City Attorney
Attachment(s): Exhibit A — Legal Description
Exhibit "A"
Legal Description
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF
NEWPORT BEACH, IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, AND IS
DESCRIBED AS FOLLOWS:
THAT PORTION OF BLOCK 50 OF IRVINE'S SUBDIVISION, AS SHOWN ON A MAP
RECORDED IN BOOK 1, PAGE 88 OF MISCELLANEOUS RECORDS MAPS,
RECORDS OF ORANGE COUNTY, CALIFORNIA, TOGETHER WITH THAT PORTION
OF TRACT 706, AS SHOWN ON A MAP RECORDED IN BOOK 21, PAGE 25 OF
MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY, DESCRIBED AS
FOLLOWS:
PARCEL 2 IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 54, PAGE 11 OF PARCEL MAPS
IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA.
EXCEPT THE FULL RIGHTS TO ALL MINERALS, PETROLEUM, GAS AND OTHER
HYDROCARBON SUBSTANCES EXISTING BELOW FIVE HUNDRED (500) FEET
FROM THE SURFACE OF SAID REAL PROPERTY DESCRIBED ABOVE, PROVIDED,
HOWEVER, THAT GRANTOR HEREBY EXPRESSLY WAIVES THE RIGHT TO ENTER
UPON THE SURFACE OF SAID REAL PROPERTY FOR THE PURPOSE OF
EXPLORING FOR, OR PRODUCING THE MINERALS, PETROLEUM, GAS AND
OTHER HYDROCARBON SUBSTANCES SO RESERVED IN DEED RECORDED JULY
1, 1977.
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, Leilani I. 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; the foregoing resolution, being Resolution
No. 2024-9 was duly introduced before and adopted by the City Council of said City at a regular meeting
of said Council held on the 13th day of February, 2024; and the same was so passed and adopted by the
following vote, to wit:
AYES: Mayor Will O'Neill, Mayor Pro Tern Joe Stapleton, Councilmember Brad Avery,
Councilmember Noah Blom, Councilmember Robyn Grant, Councilmember
Lauren Kleiman, Councilmember Erik Weigand
NAYS: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 14th day of February, 2024.
Leilani I. Brown
City Clerk
Newport Beach, California