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Home My WebLink About17 - Notice of Intent to Override OC ALUC's Determination of Inconsistency for the City's Housing Element Implementation Program Amendments (PA2022-0245)SEW PO— u ram-_ r c q<� Fo FzN�P TO: FROM: CITY OF NEWPORT BEACH City Council Staff Report May 28, 2024 Agenda Item No. 17 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL Seimone Jurjis, Assistant City Manager/Community Development Director - 949-644-3232, sjurjis@newportbeachca.gov PREPARED BY: Benjamin M. Zdeba, AICP, Principal Planner - 949-644-3253, bzdeba@newportbeachca.gov Jaime Murillo, Acting Deputy Community Development Director - 949-644-3209, jmurillo@newportbeachca.gov TITLE: Resolution No. 2024-32: Notice of Intent to Override Orange County Airport Land Use Commission's Determination of Inconsistency for the City's Housing Element Implementation Program Amendments (PA2022-0245) ABSTRACT: Pursuant to Section 4.3 of the 2008 John Wayne Airport Environs Land Use Plan (AELUP) and Section 21676(b) of the California Public Utilities Code (CPUC), the City of Newport Beach is required to submit the Housing Element Implementation Program Amendments to the Orange County Airport Land Use Commission (ALUC) for a consistency determination with the AELUP. ALUC conducted a public hearing on the matter at its May 16, 2024, meeting and found these amendments to be inconsistent with the AELUP. For the City Council's consideration is a request to consider overriding ALUC's finding of inconsistency. This action would authorize City staff to formally provide notice, pursuant to CPUC Section 21676(b), to ALUC and the State Department of Transportation, Aeronautics Program of the City's intention to override ALUC's inconsistency finding. RECOMMENDATIONS: a) Conduct a public hearing; b) Find that the proposed overriding action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; and c) Adopt Resolution No. 2024-32, A Resolution of the City Council of the City of Newport Beach, California, Notifying the Orange County Airport Land Use Commission (ALUC) and State Division of Aeronautics Program of the City's Intention to Find that Amendments to the General Plan, Coastal Land Use Plan, and Title 20 (Planning and Zoning) and Title 21 (Local Coastal Program Implementation Plan) of the Newport Beach Municipal Code Necessary to Implement the General Plan 6t" Cycle Housing Element are Consistent with the Purpose of the State Aeronautics Act and Overrule ALUC's Determination that the Amendments are Inconsistent with the 2008 John Wayne Airport Land Use Plan (PA2022-0245). 17-1 Resolution No. 2024-32: Notice of Intent to Override Orange County Airport Land Use Commission's Determination of Inconsistency for the City's Housing Element Implementation Program Amendments (PA2022-0245) May 28, 2024 Page 2 DISCUSSION: In September 2022, the City Council adopted the General Plan 6th Cycle Housing Element (Housing Element) covering the 2021-2029 period. It was certified by the State Department of Housing and Community Development (HCD) in October 2022. Importantly, Section 4 (Housing Plan) and Appendix B (Housing Opportunity Sites Inventory) of the Housing Element set forth a plan for the City to accommodate its 6th Cycle Regional Housing Needs Assessment (RHNA) allocation of 4,845 new units of varying affordability levels. The Housing Element identifies several "focus areas" that are best suited to accommodate increased housing development, including the Airport Area Environs, West Newport Mesa, Newport Center, Dove r/Westcliff, and Coyote Canyon. The sites in these focus areas are to be rezoned per Housing Element Policy Actions 1A through 1 F to accommodate the City's RHNA obligation, including a buffer necessary to address No Net Loss Housing Law (GC. Sec. 65863). As development occurs, the law requires the City to maintain adequate sites at all times to accommodate its remaining unmet RHNA by each income category throughout the planning period. If additional replacement sites are identified as needed, then the City must take action within 180 days to rezone additional sites or risk losing Housing Element compliance status. Housing Element Implementation Program Amendments To comply with State law, the City has been working diligently to implement the planning strategy outlined in Section 4 of the Housing Element no later than February 2025. The implementing programs and strategies (6th Cycle Housing Element Implementation) include the following amendments and actions: • General Plan Amendment. To revise the necessary goals and/or policies within the City's Land Use Element to support housing production in the focus areas identified by the Housing Element; • Amendment to Title 20 (Planning and Zoning) of the Newport Beach Municipal Code (NBMC). To implement the Land Use Element's policy changes by allowing housing development as an opportunity and establishing appropriate objective design and development standards for multi -unit residential and mixed -use development projects; • Local Coastal Program Amendment. To revise and create new policies within the City's Coastal Land Use Plan and to update Title 21 (Local Coastal Program Implementation Plan) of the NBMC to support housing production in the focus areas identified by the 6th Cycle Housing Element and within the Coastal Zone; and • Program Environmental Impact Report (SCH No. 2023060699). To analyze potential environmental impacts under the California Environmental Quality Act (CEQA) related to the implementation of the 6th Cycle Housing Element through providing additional housing development capacity. 17-2 Resolution No. 2024-32: Notice of Intent to Override Orange County Airport Land Use Commission's Determination of Inconsistency for the City's Housing Element Implementation Program Amendments (PA2022-0245) May 28, 2024 Page 3 Plannina Commission Review and Recommendation On April 18, 2024, the Planning Commission conducted a duly noticed public hearing to consider the proposed project. One member of the public addressed the Planning Commission regarding the 6t" Cycle Housing Element Implementation. At the conclusion of the hearing, the Planning Commission voted to recommend City Council approval. The April 18, 2024, Planning Commission staff report, minutes excerpt, and Resolution No. PC2024-006 are all attached as Attachments B, C, and D, respectively. Airport Land Use Commission Review All the sites within the Airport Area Environs Focus Area and portions of the sites within the Newport Center and Dover/Westcliff Focus Area are within the John Wayne Airport Notification Zone. As a result, Section 4.3 of the AELUP and Section 21676(b) of the CPUC require the City to submit General Plan and Zoning Code amendments to the ALUC for a consistency determination with the AELUP. ALUC conducted a hearing on this matter at its May 16, 2024, and found that the 6t" Cycle Housing Element Implementation is inconsistent with the AELUP. The May 16, 2024, ALUC staff report is attached as Attachment E, and the ALUC inconsistency determination is attached as Attachment F. ALUC Override Process As a final review authority on legislative acts, the City Council may choose to override ALUC's determination by following a two-step process established by Section 21676 of the CPUC. The first step in the process is to conduct a public hearing to consider adoption of a resolution stating the City's intent to override and authorizing a formal notice be sent to ALUC and the State Department of Transportation, Aeronautics Program. The second step in the process is, no sooner than 45 days after notification has been sent, the City Council may conduct a second public hearing to consider adoption of a resolution to override ALUC's determination. At this time, the City Council may also consider the entire 6t" Cycle Housing Element Implementation and take a final action on the matter. The following points are important to consider: • The Council's adoption of the attached resolution authorizing the transmittal of the City's Notice of Intent to Override does not constitute approval of the 6t" Cycle Housing Element Implementation, nor does it predispose the City Council's future action on it or the consistency determination; and • The attached resolution to be shared with ALUC and the State Department of Transportation, Aeronautics Program, as well as any forthcoming resolution to overrule ALUC at a future City Council meeting, must be adopted by a two-thirds majority vote. Since there are seven City Council members, this means five affirmative votes are needed to pass and adopt the resolution. 17-3 Resolution No. 2024-32: Notice of Intent to Override Orange County Airport Land Use Commission's Determination of Inconsistency for the City's Housing Element Implementation Program Amendments (PA2022-0245) May 28, 2024 Page 4 Section 21678 of the CPUC states that if the City overrides ALUC's action or recommendation, the operator of the airport shall be immune from liability from damages to property or personal injury caused by or resulting directly or indirectly from the City's decision. FISCAL IMPACT: There is no fiscal impact related to this item. ENVIRONMENTAL REVIEW: Final action on the 6t" Cycle Housing Element Implementation is not being considered at this time. A complete environmental analysis of the Project is contained in the attached April 18, 2024, Planning Commission staff report for which a draft programmatic environmental impact report has been prepared. As it relates to the issuance of the City's Notice of Intent to Override, City staff recommends the City Council finds that the adoption of this resolution is not subject to 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 ALUC's determination. It does not authorize any development, nor does it commit the City Council to approve the project. Potential impacts will be analyzed when the City Council considers the project. NOTICING: Given the citywide nature of this activity, notice of this hearing was published in the Daily Pilot in a one -eighth -age format at least 10 days before the scheduled meeting, consistent with Section 20.62.020(B)(2)(c) of the NBMC. Additionally, the item appeared on the agenda for this meeting, which was posted at City Hall and on the City's website according to the Brown Act. ATTACHMENTS: Attachment A — Resolution No. 2024-32 Attachment B — April 18, 2024 Planning Commission Staff Report (no attachments) Attachment C — Draft April 18, 2024 Planning Commission Minutes Excerpt Attachment D — Planning Commission Resolution No. PC2024-006 Attachment E — May 16, 2024 ALUC Staff Report Attachment F — ALUC Determination Letter 17-4 Attachment A Resolution No. 2024-32 17-5 RESOLUTION NO. 2024-32 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, NOTIFYING THE ORANGE COUNTY AIRPORT LAND USE COMMISSION (ALUC) AND STATE DIVISION OF AERONAUTICS PROGRAM OF THE CITY'S INTENTION TO FIND THAT AMENDMENTS TO THE GENERAL PLAN, COASTAL LAND USE PLAN, AND TITLE 20 (PLANNING AND ZONING) AND TITLE 21 (LOCAL COASTAL PROGRAM IMPLEMENTATION PLAN) OF THE NEWPORT BEACH MUNICIPAL CODE NECESSARY TO IMPLEMENT THE GENERAL PLAN 6T" CYCLE HOUSING ELEMENT ARE CONSISTENT WITH THE PURPOSE OF THE STATE AERONAUTICS ACT AND OVERRULE ALUC'S DETERMINATION THAT THE AMENDMENTS ARE INCONSISTENT WITH THE 2008 JOHN WAYNE AIRPORT ENVIRONS LAND USE PLAN (PA2022-0245) 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, the City Council adopted the 6th Cycle Housing Element covering the 2021-2029 period ("6th Cycle Housing Element") on September 13, 2022, and it was certified by the State Department of Housing and Community Development ("HCD") on October 5, 2022, as being statutorily compliant; WHEREAS, the 6th Cycle Housing Element identifies the Airport Area, West Newport Mesa, Newport Center, Dove r/Westcl iff, and Coyote Canyon as "focus areas" that are best suited to accommodate the City's Regional Housing Needs Allocation ("RHNA") planning obligation, with around 30% of the housing capacity planned in the Airport Area Environs and 30% planned in Newport Center; WHEREAS, a total of 75 new housing opportunity sites are allocated to the Airport Area in the 6th Cycle Housing Element, with 37 of those new housing opportunity sites located wholly or partially outside the updated 65 decibel ("65 dBA") Community Noise Equivalent Level ("CNEL") noise contour boundary set forth in the 1985 John Wayne Airport Master Plan; 17-6 Resolution No. 2024-32 Page 2 of 9 WHEREAS, amendments to the Land Use Element of the General Plan, Coastal Land Use Plan, Title 20 ( Planning and Zoning), and Title 21 (Local Coastal Program Implementation Plan) of the Newport Beach Municipal Code ("NBMC") are necessary to allow residential uses, including mixed -use residential, on housing opportunity sites identified by 6tn Cycle Housing Element within the Airport Area, as well as those identified as additional sites in the draft Program Environmental Impact Report ("PEIR") ("Amendments") including: General Plan Land Use Element: • Policy LU 3.3 — Opportunities for Change, • Policy LU 4.4 — Rezoning to Accommodate Housing Opportunities, • Policy LU 4.5 — Residential Uses and Residential Densities, • Policy LU 4.6 — Continuation of Existing Development, • Policy LU 4.7 — Redevelopment and Transfer of Development Rights, • Policy LU 6.15.4 — Priority Uses (Airport Area — Mixed Use Districts [Subarea C, "MU-112" designation]), and • Policy LU 6.15.28 — Priority Uses (Airport Area — Commercial Nodes ["CG" designation Sub -Area C—part]); Coastal Land Use Plan: • Policy LU 2.1.2-1, • Policy LU 2.1.10-1, • Policy LU 2.1.11-1, • Policy LU 2.1.11-2, • Policy LU 2.1.11-3, and • Policy LU 2.1.11-4; Title 20 (Planning and Zoning) of the NBMC: • Section 20.28.050 (Housing Opportunity (HO) Overlay Zoning Districts), • Section 20.48.185 (Multi -Unit Objective Design Standards); and Title 21 (Local Coastal Program Implementation Plan) of the NBMC: • Section 21.28.070 (Housing Opportunity (HO) Overlay Coastal Zoning Districts); 17-7 Resolution No. 2024-32 Page 3 of 9 WHEREAS, a public hearing was held by the Planning Commission on April 18, 2024, in the City Council Chambers located at 100 Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of the public hearing was given in accordance with California Government Code Section 54950 et seq. ("Ralph M. Brown Act") 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 public hearing; WHEREAS, at the hearing, the Planning Commission adopted Resolution No. PC2024-006 (5 ayes, 2 recusals) recommending the City Council approve the Amendments; WHEREAS, California Public Utilities Code ("PUC") Section 21676(b) requires the City to refer the Amendments to the Orange County Airport Land Use Commission ("ALUC") to review for consistency with the 2008 John Wayne Airport Environs Land Use Plan ("AELUP"); WHEREAS, on May 16, 2024, ALUC unanimously determined the Amendments are 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 JWA"; c. Section 2.1.4 (Air Transportation), which provides that ALUC is charged by Section 21674 of the PUC "to coordinate planning at the state, regional and local levels so as to provide for the orderly development of air transportation, while at the same time protecting the public health, safety and welfare"; and d. 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 which... [p]laces people so that they are affected adversely by aircraft noise"; 17-8 Resolution No. 2024-32 Page 4 of 9 WHEREAS, pursuant to Sections 21670 and 21676 of the PUC, the City Council may, after a public hearing, propose to overrule ALUC with a two-thirds vote, if it makes specific findings that the Amendments are consistent with the purpose of Section 21670 of the PUC to protect 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 May 28, 2024, in the City Council Chambers, 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. NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: The City Council does hereby find that the Amendments are 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 Amendments are consistent with the noise standards of the AELUP. The AELUP guides development proposals to provide for the orderly development of John Wayne Airport and the surrounding area through implementation of the standards in Section 2 (Planning Guidelines) and Section 3 (Land Use Policies) of the AELUP. 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. 17-9 Resolution No. 2024-32 Page 5 of 9 Section 2.1.1 of the AELUP sets forth the CNEL standards. A total of 75 new housing opportunity sites are identified in the Airport Area. Of those sites, 56 are located wholly or partially outside the updated 65 dBA CNEL contour boundary as identified by the 2014 EIR No. 617. Only 19 new housing opportunity sites are located wholly within the updated 65 dBA CNEL contour boundary. As proposed, residential development would be limited to parcels wholly or partially outside the updated 65 dBA CNEL noise contour, unless and until the City determines, based on substantial evidence, that the sites wholly within such contour area are needed for the City to satisfy its 6tn Cycle Housing Element RHNA mandate. Sections 3.2.3 and 3.2.4 of the AELUP define 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 uses as "conditionally consistent" in the 60 dBA to 65 dBA CNEL noise contour and "normally inconsistent" in 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 residential uses be developed with advanced insulation systems to bring the sound attenuation to no more than 45 dB inside. 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. This is further substantiated and supported by the proposed specific development standards for the Airport Area Environs Area (HO-1), which include enhanced sound mitigation and the allowance of interior amenities that satisfy open space requirements. The existing CNEL noise contours of the AELUP Master Plan date back to 1985 ("1985 AELUP Master Plan"). However, advances in technology warrant an adjustment to the noise contours. Specifically, the Noise Chapter of Environmental Impact Report ("EIR No. 617"), for the 2014 John Wayne Airport Settlement Agreement Amendment, described how the dBA CNEL noise contours have decreased in size compared to the 1985 AELUP Master Plan CNEL noise contours. The 1985 AELUP Master Plan CNEL noise contours are considerably larger than the existing noise contours presented in the 2014 John Wayne Airport Settlement Agreement Amendment largely due to a quieter fleet of existing commercial aircraft and a dramatic reduction in the number of general aviation operations. The noise contours in EIR No. 617 are based on more contemporary noise modeling programs, as EIR No. 617 explained that "one of the most important factors in generating accurate noise contours is the collection of accurate 17-10 Resolution No. 2024-32 Page 6 of 9 operational data." Airport noise contours generated in the Noise Study for EIR No. 617 used the Integrated Noise Model ("INM") Version 7.Od which was released for use in May 2013, and is the state -of -art in airport noise modeling. The Amendments are required to ensure the continued and effective implementation of the 6t" Cycle Housing Element programs including, but not limited to, the provision of sufficient adequately zoned land to accommodate the City's share of the regional growth and its required share of lower income dwelling units consistent with the RHNA required of the City under State Law. Additionally, by providing uniform and concise conditions of approval identified in the proposed amendments to Title 20 (Planning and Zoning) and Title 21 (Local Coastal Program Implementation Plan) of the NBMC, the City has taken actions to address potential environmental constraints in the Airport Area and ensure continued feasibility of sites, to meet its RHNA obligation. B. The proposed Amendments are consistent with the safety standards of the AEL UP. 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. Most of the housing opportunity sites, except for portions of six properties, are all within Safety Zone 6. Allowed uses in Safety Zone 6 include residential and most nonresidential uses, except 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 Newport Beach Golf Course and the Young Men's Christian Association properties are included as housing opportunity sites in the 6th Cycle Housing Element. Portions of those properties are within Safety Zone 4 with the remaining portions lying in Safety Zone 6. Safety Zone 4 limits residential uses to very low density (if not deemed unacceptable because of noise) and advises to avoid nonresidential uses having moderate or higher usage intensities. Three small properties along Bristol Street and Zenith Avenue have also been included at the request of the property ownership. Two of these properties are wholly within Safety Zone 3 with the remainder being bisected by both Safety Zones 3 and 6. Safety Zone 3 limits residential uses to very low densities (if not deemed unacceptable due to noise). Given the smaller size of these properties and intervening nonconforming single -unit residential development, a very low density project is most likely to occur at this site location. 17-11 Resolution No. 2024-32 Page 7 of 9 The City's General Plan Safety Element Policy S8.6 demonstrates that the City acknowledges the importance of the JWA Safety Zones: "S8.6 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." In accordance with Policy S8.6, the Amendments do not include any housing opportunity sites in the JWA Clear Zone/Runway Protection Zone. Compliance with these policies and regulations will ensure that future development within the JWA Airport Planning Area will follow the safety standards of the AELUP. C. The Amendments are consistent with the purpose and intent of the AELUP and will not result in incompatible land uses adjacent to JWA. The standards and policies set forth in AELUP Sections 2 and 3 were adopted to prevent the creation of new noise and safety problems. As set forth above, any development on the proposed housing opportunity sites will comply with the noise criteria and safety standards established in Sections 2 and 3, consistent with policies contained in the Amendments to General Plan Land Use Element, Coastal Land Use Plan, Title 20 (Planning and Zoning) and Title 21 (Local Coastal Program Implementation Plan) of the NBMC, including the enhanced development standards related to noise mitigation and air quality. It is also important to emphasize that parcels bisected by the 65 dBA CNEL noise contour of the updated Noise Element could support future housing; whereas parcels located wholly within the 65 dBA CNEL noise contour could support housing, if deemed necessary to satisfy the RHNA mandate. Lastly, compliance with the AELUP and City standards will be also evaluated and demonstrated at the time development projects are proposed in the future. Section 2: Based on the foregoing findings, the City Council provides this notice of intention to overrule the ALUC's determination that the Amendments are inconsistent with the AELUP. 17-12 Resolution No. 2024-32 Page 8 of 9 Section 3: The City Council hereby directs City staff to provide ALUC and Caltrans Department of Transportation, Division of Aeronautics, with notice of the City's intention to overrule the ALUC's determination that the Amendments are 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. 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 City's proposal to overrule the ALUC's determination and does not commit the City to approve the Project. Furthermore, the Project has been independently reviewed and evaluated pursuant to CEQA and a draft program Environmental Impact Report (State Clearinghouse Number 2023060699) ("DEIR") has been prepared in compliance with CEQA set forth in Public Resources Code Section 21000 et seq., the State CEQA Guidelines set forth in 14 California Code of Regulations Section 15000 et seq., and City Council Policy K-3. The City Council will consider the EIR before it takes action on the Project (the Amendments to the General Plan, Coastal Land Use Plan, and Title 20 (Planning and Zoning) and Title 21(Local Coastal Program Implementation Plan) of the NBMC). 17-13 Resolution No. 2024-32 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 28th day of May, 2024. Will O'Neill Mayor ATTEST: Leilani I. Brown City Clerk APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE --t�cly Aaron .Harp City A orney 17-14 Attachment B April 18, 2024, Planning Commission Staff Report (no attachments) 17-15 PO CITY OF NEWPORT BEACH n PLANNING COMMISSION STAFF REPORT April 18, 2024 �+4LIFOP. P Agenda Item No. 3 SUBJECT: Housing Element Implementation Program Amendments (PA2022-0245) ■ General Plan Amendment ■ Title 20 (Planning and Zoning) Amendment ■ Local Coastal Program Amendment ■ Program Environmental Impact Report (SCH No. 2023060699) SITE LOCATION: Citywide APPLICANT: City of Newport Beach PLANNERS: Benjamin M. Zdeba, AICP, Principal Planner bzdeba(o)-newportbeachca.gov, 949-644-3253 Jaime Murillo, AICP, Acting Deputy Community Development Director jmurillo(a-).newportbeachca.gov, 949-644-3209 PROJECT SUMMARY To implement the 6t" Cycle Housing Element for the 2021-2029 planning period, the Planning Commission is being asked to consider a recommendation to the City Council for the amendments and actions described below, which must take effect by the statutory deadline of February 2025: • General Plan Amendment. To revise the necessary goals and/or policies within the City's Land Use Element to support housing production in the focus areas identified by the Housing Element; • Amendment to Title 20 (Planning and Zoning) of the Newport Beach Municipal Code. To implement the Land Use Element's policy changes by allowing housing development as an opportunity and establishing appropriate development standards create objective design and development standards for multi -unit residential and mixed -use development projects; and • Local Coastal Program Amendment. To revise and create new policies within the City's Coastal Land Use Plan and to update Title 21 (Local Coastal Program Implementation Plan) of the Newport Beach Municipal Code ("NBMC") to support housing production in the focus areas identified by the 6th Cycle Housing Element and within the Coastal Zone. Lastly, the City has prepared Program Environmental Impact Report (SCH No. 2023060699) to analyze potential environmental impacts under the California 17-16 17-17 Housing Element Implementation Program Amendments (PA2022-0245) Planning Commission, April 18, 2024 Page 2 Environmental Quality Act (CEQA) related to the implementation of the 61" Cycle Housing Element through providing additional housing development capacity. RECOMMENDATION 1) Conduct a public hearing; and 2) Adopt Resolution No. PC2024-006 recommending City Council certify the Program Environmental Impact Report (EIR) identified by State Clearinghouse Number (SCH No.) 2023060699, including the Mitigation Monitoring and Reporting Program (MMRP), and approve the Housing Element Implementation Program Amendments all collectively referred to as "PA2022-0245" (Attachment No. PC 1). INTRODUCTION AND BACKGROUND The General Plan sets forth a city's long-range planning policies that are reflective of the aspirations and values of residents, landowners, businesses, and organizations within the community. City Councils and Planning Commissions rely on the General Plan when considering land use and planning -related decisions. City staff uses the General Plan day-to-day in administering goals and policies. Residents may refer to the General Plan to understand a city's approach to development. The Housing Element is a required element, or chapter, of the General Plan. It presents how a city plans to accomplish the state -mandated Regional Housing Needs Allocation (RHNA) on sites within city limits. Local jurisdictions, like the City of Newport Beach ("City"), are responsible for creating a regulatory environment in which the private market can build the unit types included in the RHNA. The City is required to prepare an update to its housing element every eight years. After conducting wide-ranging public outreach involving extensive public participation opportunities, including numerous meetings of the City Council -appointed Housing Element Update Advisory Committee (HEUAC), the City Council adopted the City's 6t" Cycle Housing Element for the 2021-2029 planning period ("Housing Element") on September 13, 2022. The Housing Element was later certified as statutorily compliant with state law by the California Department of Housing and Community Development (HCD) on October 5, 2022. The Housing Element provides the City with a coordinated comprehensive strategy for promoting the production of a variety of housing types for all. The Housing Element was prepared to ensure the City establishes policies, procedures, and incentives in its land use planning and development standards that result in maintenance and expansion of the housing supply. Section 4 (Housing Plan) of the Housing Element presents a framework and strategy for meeting the needs of existing and future resident populations within the City based on the RHNA allocation of 4,845 new housing units. To comply with state law, the City must now implement the various strategies and programs outlined in Section 4 17-18 Housing Element Implementation Program Amendments (PA2022-0245) Planning Commission, April 18, 2024 Page 3 of the Housing Element no later than February 2025. The City is not required to build housing units to meet its RHNA allocation, only to establish the appropriate zoning designations and development standards to allow the private market to develop these units. Of critical importance is that the City is required to ensure the continued and effective implementation of the Housing Element programs including, but not limited to, the provision of sufficient adequately zoned land to accommodate its share of the regional growth and its required share of lower income dwelling units consistent with the General Plan and RHNA obligations. The areas where rezoning is required are focused in five areas of the City, as displayed in Figure 1 below. Although Banning Ranch (now the Randall Preserve) was included as a housing opportunity due to existing development capacity in the current General Plan Land Use Element, it is not being considered as an opportunity site that counts towards meeting the City's RHNA allocation. Banning Ranch ram'•. Figure 1, Focus Areas for Residential Development PROJECT DESCRIPTION AND DISCUSSION An in-depth and detailed project description has been prepared as Section 3.0 (Project Description) of the Draft Environmental Impact Report ("Draft EIR"), which is digitally attached to this staff report as Exhibit "A" to Attachment No. PC 1, due to size and made available online at www.newportbeachca.gov/CEQA. 17-19 Housing Element Implementation Program Amendments (PA2022-0245) Planning Commission, April 18, 2024 Page 4 The three primary implementing actions are described below. 1) General Plan Land Use Element Amendment The Land Use Element is a guide for the City's future development. Its goals and policies help to guide the distribution and general location of land uses, such as residential, services, retail, open space, recreation, and public uses. The Land Use Element also addresses the permitted density and intensity of the various land use categories. The first step in the Housing Element's implementation is to revise the necessary goals and/or policies within the Land Use Element to support housing production in the focus areas identified by the Housing Element. City staff worked in collaboration with the City - Council -appointed General Plan Update Steering Committee and the General Plan Advisory Committee to create draft revisions to the Land Use Element. The proposed amendments to the Land Use Element include both revised policies and a series of new policies to implement the Housing Element in accordance with its policy actions. The new Land Use Element Policies 4.4 through 4.7 serve to allow for potential residential development in areas that do not necessarily allow it currently. Each of the new policies are summarized in the table below. Table 2, General Plan Land Use Element New Policies Policy LU 4.4 (Rezoning to Accommodate Housing Opportunities) LU 4.5 (Residential Uses and Residential Densities) LU 4.6 (Continuation of Existing Development) LU 4.7 (Redevelopment and Transfer of Development Rights) Effect Supports the creation of the Housing Opportunity Overlay Zoning Districts and provides guidance on associated development limits for each focus area. Clarifies that residential use of identified properties is allowed regardless of and in addition to the underlying land use category or density. Identifies the maximum density in Policy 4.4 as an average across an entire property or project site. Furthermore, this Policy clarifies that development limits do not include units that are produced pursuant to state density bonus law or current pipeline units. Reinforces that residential development opportunities are in addition to the existing uses allowed by the General Plan. The allowance for residential does not require development as residential nor does it create nonconforming conditions. Works in conjunction with current Policy 4.3 (Transfer of Development Rights) and allows the transfer of development rights within the same statistical area when a property is redeveloped. For example, removing an office building for a residential development would free up the net change in trips thereby allowing for additional nonresidential intensity on a neighboring site within the same statistical area. This condition will help to ensure the opportunity for adequate resident -serving commercial in newly development residential neighborhoods. 17-20 Housing Element Implementation Program Amendments (PA2022-0245) Planning Commission, April 18, 2024 Page 5 Attachment No. PC 1 provides additional justification for the proposed General Plan Land Use Element Amendment by way of a consistency analysis. Exhibit "B" of this Attachment is a redline strikeout version of the complete General Plan Land Use Element. 2) Title 20 (Planning and Zoning) Amendment To implement the Land Use Element's policy changes, the City must rezone identified properties to allow housing development as an opportunity and to establish appropriate development standards. The proposed amendment to Title 20 (Planning and Zoning) consists of two primary components. The first component is the proposed Housing Opportunity (HO) Overlay Zoning Districts, which would be applied to the housing opportunity sites identified in the Housing Element and in the Draft EIR. These sites generally include properties within the Airport Area, West Newport Mesa, Dove r-Westcliff, Newport Center, and Coyote Canyon. The second component is the proposed Multi -Unit Objective Design Standards. Each of the components are further described below. Housing Overlay Zoning Districts An overlay zoning district is a regulatory tool that adds special provisions and regulations to a specific area. All proposed development within an overlay district must comply with the district's applicable development standards in addition to the base development standards unless specifically modified. As a part of the proposed implementation program, Chapter 20.28 (Overlay Zoning Districts) of the NBMC would be amended to include new Section 20.28.050 (Housing Opportunity (HO) Overlay Zoning Districts). The HO Overlay Zoning Districts are intended to accommodate housing opportunities consistent with the Housing Element's focus areas and to ensure the City maintains adequately zoned sites consistent with its RHNA allocation. Although the City's 6t" Cycle RHNA allocation is 4,845 housing units, a total new development capacity of 9,649 units is being provided to include a buffer necessary to address future "no net loss" of available sites and to preclude the need to identify replacement sites during the 6t" Cycle implementation. The provisions of Section 20.28.050 would be applicable in whole or in part to the following focus areas with associated maximum development limits: HO-1: Airport Area (2,577 units) HO-4: Newport Center (2,439 units) HO-2- West Newport Mesa (1,107 units) HO-5- Coyote Canyon (1,530 units) HO-3: Dover-Westcliff (521 units) HO-6: 5t" Cycle Sites Properties identified within HO-1, HO-2, HO-3, HO-4, and HO-5 Overlay Zoning Districts would be eligible for special development standards that are conducive to residential development at the prescribed average density range. These standards include but are 17-21 Housing Element Implementation Program Amendments (PA2022-0245) Planning Commission, April 18, 2024 Page 6 not limited to minimum lot area, setbacks, height, open space, landscaping, and parking. The allowable uses are those that are permitted or conditionally permitted in the base zone, as well as multiple -unit residential and mixed -use developments that meet the density requirements and development standards of each HO Overlay Zoning District. A critical component of the HO Overlay Zoning Districts is the development limits, which are included with the list above for reference and align with the housing strategy for each focus area. These limits are intended to be an additional opportunity on top of current intensity and density allowances allowed by the General Plan. As drafted, the development limits will only be drawn down with base residential units. Units that are produced through state density bonus law or other state provisions (e.g., Senate Bill 6 and accessory dwelling units) will not be counted against the development limits. Furthermore, current prospective developments identified as pipeline projects and those projects that have been applied for prior to the effective date of these HO Overlay Zoning Districts are also not counted against the development limits. It is important to note that, as required by state law, any residential or mixed -use development in an HO Overlay Zoning District that includes a minimum of 20% of the units reserved for low- and very -low Income residents would not require discretionary review and would instead be allowed by -right, subject to the development standards and Objective Design Standards described in the next section. Developments meeting these criteria would also require an Affordable Housing Implementation Plan (AHIP) that stipulates a minimum 30-year affordability covenant and requires affordable units to be dispersed throughout a project and reflect the range of bedrooms and interior finishes that are features on market -rate units. The HO-6 Overlay Zoning District is only listed to provide for a by -right review process for residential development on the prior 5t" Cycle Housing Element sites that were carried forward at the existing densities provided by current zoning. Sites within the HO-6 Overlay Zoning District are not provided additional density or modified development standards beyond the base zoning standards currently in place. Attachment No. PC 1 provides additional justification for the proposed amendments to Title 20. Exhibit "C" of this Attachment shows the proposed development standards for the five housing opportunity sites (HO-1 through HO-5) and the by -right approval process for HO-6, which will be incorporated into Chapter 20.28 (Overlay Zoning Districts). Objective Design Standards Under new state housing laws (i.e., Senate Bill 35 — Housing Accountability Act, Senate Bill 330 — Housing Crisis Act, Senate Bill 6, and Assembly Bill 2011), the City is prevented from enforcing subjective development standards and is required to permit certain housing development projects meeting minimum affordability criteria by -right. Therefore, it is important to create a set of objective design standards that provide certainty of compliance for housing developers while fostering good design and maintaining the 17-22 Housing Element Implementation Program Amendments (PA2022-0245) Planning Commission, April 18, 2024 Page 7 character of Newport Beach. For example, the City is not allowed to include subjective standards in this document, such as requirements for "quality architecture" or "compatible colors and window treatments." Attachment No. PC 2 provides a synopsis of recent and relevant state housing laws for additional information. State housing law specifies having objective design standards (hereafter "ODS") available to apply to housing projects where the City's discretion over design review is otherwise preempted per State law. ODS are defined under state law as "standards that involve no personal or subjective judgement by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal" (California Government Code §65913.4). Housing Element Policy Action 3A requires the preparation and adoption of the City's own ODS. The proposed ODS are to be incorporated into the Title 20 as Section 20.48.185 (Multi - Unit Objective Design Standards), which will be part of Chapter 20.48 (Standards for Specific Land Uses). The ODS will supplement the development standards of the HO Overlay Zoning Districts, as well as any base zoning requirements. ODS address items such as amount of window coverage on the ground floor of mixed -use buildings, size of entry porches, building articulations and modulation, building orientation, open space, storefront design, and similar standards. While there are existing development standards and proposed development standards under the HO Overlay Zoning District, the City's proposed ODS go further and ensure high quality development without too much prescriptiveness to help address atypical situations. Should a developer wish to deviate from the ODS, a waiver of design standards may be requested through a discretionary site development review by the Planning Commission when it can be demonstrated that compensating design and development features are provided that offset impacts associated with the waiver of standards. Alternatively, projects that include affordable or special needs housing that are eligible for a density bonus may also request development standard waivers. Attachment No. PC 1 provides additional justification for the proposed ODS. Exhibit "D" of this Attachment contains the proposed draft ODS. 3) Local Coastal Program Amendment The LCP consists of the Coastal Land Use Plan (CLUP) and the Implementation Plan, which is Title 21 (Local Coastal Program Implementation Plan) of the NBMC. The CLUP sets forth goals, objectives, and policies that govern the use of land and water in the coastal zone within the City and its sphere of influence, except for Newport Coast and Banning Ranch. Title 21 provides the zoning and development standards for those properties within the Coastal Zone. 17-23 Housing Element Implementation Program Amendments (PA2022-0245) Planning Commission, April 18, 2024 Page 8 The proposed amendments simply serve to implement the Housing Element strategy for properties that are within the Coastal Zone. They are complementary to the General Plan Land Use Element and include updated and new policies to implement the Housing Element programs and strategies. They are also complementary to the amendments proposed for Title 20. The new CLUP policies are listed in the table below. Table 3, Coastal Land Use Plan New Policies Policy Effect Policy 2.1.11-1 Supports the creation of the Housing Opportunity Overlay Coastal Zoning Districts and provides guidance on associated development limits for each focus area. Policy 2.1.11-2 Clarifies that residential use of identified properties is allowed regardless of and in addition to the underlying land use category or density. Furthermore, this Policy clarifies that development limits do not include units that are produced pursuant to state density bonus law or current pipeline units. Policy 2.1.11-3 Reinforces that residential development opportunities are in addition to the existing uses allowed by the General Plan. The allowance for residential does not require development as residential nor does it create nonconforming conditions. Policy 2.1.11-4 Requires consistency with other Implementation Plan requirements, including a coastal development permit, and compliance with established procedures to grant relief from standards, such as a coastal modification or coastal variance. The amendment to Title 21 includes the addition of the new Housing Opportunity (HO) Overlay Coastal Zoning Districts along with its corresponding development standards for the various overlay districts. While the new HO Overlay Coastal Zoning Districts will allow for a new residential development opportunity where it may not be allowed today, it is important to identify that a coastal development permit will still be required for any development project in the Coastal Zone. Attachment No. PC 1 provides additional justification for the proposed LCP Amendments. Exhibit "E" of this Attachment includes the proposed amendments to the Coastal Land Use Plan's policies, as well as to Title 21 of the NBMC. The standards address typical development standards including but not limited to height, setbacks, open space, landscaping, and parking. Charter Section 423 Vote A successful vote of the electorate is required for any major amendment to the City's General Plan pursuant to City Charter Section 423 and its implementing guidelines. A "major amendment" is one that significantly increases the maximum amount of traffic that 17-24 Housing Element Implementation Program Amendments (PA2022-0245) Planning Commission, April 18, 2024 Page 9 allowed uses could generate, or significantly increases allowed density or intensity. "Significantly increases" means over 100 peak hour trips (traffic), or over 100 dwelling units (density), or over 40,000 square feet of floor area (intensity). The thresholds apply to the total of: 1) Increases resulting from the amendment itself, plus 2) 80% of the increases resulting from other amendments affecting the same neighborhood and adopted within the preceding 10 years. As the proposed amendment is considered a major amendment due to increases in both density and trips across all affected statistical areas, the proposed General Plan Land Use Element amendments would not take effect unless it has been submitted to the voters and approved by a majority of those voting on it. Given the February 2025 deadline for implementation of the zoning actions, the City has been working to bring the matter to a ballot vote as part of the November 5, 2024 General Election. Public Outreach and Review In early 2023, City staff began to work closely with the General Plan Update Steering Committee, the General Plan Advisory Committee, and the General Plan Advisory Committee's Land Use Element Subcommittee to formulate initial policy revisions for the General Plan Land Use Element. In June and July 2023, the City published the Notice of Preparation for its draft program environmental impact report (Draft EIR) related to the Housing Element's implementation and held a scoping meeting to encourage public input on the project's environmental implications. In August 2023, the City released initial draft versions of the General Plan Land Use Element revisions, Housing Opportunity (HO) Overlay Zoning Districts, and Multi -Unit Objective Design Standards for public review and comment. On September 21, 2023, the Planning Commission conducted a study session to review these implementing components. Some of the Commissioners expressed concern regarding overly restrictive Objective Design Standards and suggested broadening them to provide for more latitude for atypical sites. Meeting minutes from the September 21 Planning Commission Study Session are included as Attachment No. PC 3. Based on input received from the Planning Commission and various community stakeholders, the drafts were revised and reposted on January 16, 2024. On February 12, 2024, the City released the Draft EIR for a 46-day public review and comment period. On February 13, 2024, the City Council held a study session to receive an update on the Housing Element's implementation. Meeting minutes from the February 13 City Council Study Session are included as Attachment No. PC 4. 17-25 Housing Element Implementation Program Amendments (PA2022-0245) Planning Commission, April 18, 2024 Page 10 Based on input received from various community stakeholders, the drafts of implementing amendments were once again revised and reposted on March 29, 2024. At this time, the City also prepared a draft of the Local Coastal Program Amendments for review and also published initial drafts of the HO Overlay Zone maps. Environmental Review Prior to making a favorable recommendation to the City Council on the proposed project or a modified project, the Planning Commission must first review, consider, and recommend certification of the Environmental Impact Report identified by State Clearinghouse Number (SCH No.) 2023060699. The City contracted with Kimley-Horn & Associates, Inc. (Kimley-Horn), a well -qualified planning and environmental consulting firm, to prepare the DEIR for the proposed project in accordance with CEQA and the State CEQA Guidelines. A copy of the DEIR was made available on the City's website, at each Newport Beach Public Library location, and at the Community Development Department. Given the wide -sweeping and programmatic nature of the EIR, all topics to potentially be evaluated under CEQA were analyzed. It is further important to highlight that the analyses conducted for the Draft EIR were highly conservative and assumed full build -out of the entire housing development capacity without any consideration for removal and replacement of existing development. While a robust discussion is provided in the EIR, the following table provides quick summary of the outcome for the analyses conducted under each topical area. Table 1, Summary of Significant Impacts and Mitigation Program Topic Aesthetics Air Quality Biological Resources Cultural Resources Energy Geology and Soils Greenhous Gas Emissions Hazards and Hazardous Materials Level of Significance Significant and Unavoidable Significant and Unavoidable Less Than Significant Significant and Unavoidable Less Than Significant Less Than Significant Significant and Unavoidable Less Than Significant Notes No feasible mitigation measures to reduce to less than significant for Banning Ranch only. No mitigation required for other focus areas. No feasible mitigation measures to reduce to less than significant. Implementation of standard conditions and mitigation measures. No feasible mitigation measures to reduce to less than significant given the unknown and speculative locations of development, and the potential loss of buildings that are 50 years old and older. Implementation of current regulations. Implementation of current regulations. No feasible mitigation measures to reduce to less than significant. Implementation of current regulations. 17-26 Housing Element Implementation Program Amendments (PA2022-0245) Planning Commission, April 18, 2024 Page 11 Topic Level of Significance Notes Hydrology and Water Quality Land Use and Planning Noise Population and Housing Public Services Recreation Transportation Tribal Cultural Resources Utilities Wildfire Less Than Significant Implementation of current regulations. Less Than Significant Implementation of current regulations. Significant and Unavoidable For roadway noise, no feasible mitigation measures to reduce to less than significant for one segment only (Campus Drive from MacArthur Boulevard to Von Karman Avenue). Less Than Significant Implementation of current regulations. Less Than Significant Implementation of current regulations. Less Than Significant Implementation of current regulations. Less Than Significant Implementation of current regulations and a mitigation measure. Less Than Significant Implementation of standard conditions and mitigation measures. Significant and Unavoidable Related to availability of water, no feasible mitigation measures to reduce to less than significant. Less Than Significant Implementation of current regulations and a mitigation measure. All standard conditions, current regulations, and required mitigation measures are identified in the Mitigation Monitoring and Reporting Program, which is included in Exhibit "A" of Attachment No. PC 1. The Draft EIR document was released for a 46-day public comment period from February 12, 2024, through March 28, 2024. Staff received seven comment letters on the Draft EIR from agencies and members of the public. Kimley-Horn has worked with City staff to prepare detailed written responses to each of the comments received on the adequacy of the Draft EIR. Corrections and additions to the Draft EIR are also provided to incorporate additional or revised information required for the preparation of responses to certain comments. The revisions do not alter any impact significance conclusion disclosed in the Draft EIR, and therefore, do not warrant recirculation of the Draft EIR for public review. The revisions to the Draft EIR will be incorporated into the Final EIR, if certified. The Draft EIR reflects the independent judgment of the City and recognizes project design features, standard construction and engineering practices, compliance with federal, state, and local laws, and standard conditions of approval for projects within the City. On the basis of the analyses provided in the Draft EIR, City staff has concluded that full build out of the project without consideration of removal or replacement of existing development would potentially have a significant impact on the environment. However, there are overriding considerations to consider given the programmatic nature of this document and the mandated planning exercise for the 6t" Cycle RHNA allocation under state law. In that, the project's benefits and the City's retention of local development and land use control outweigh the potential impacts. 17-27 Housing Element Implementation Program Amendments (PA2022-0245) Planning Commission, April 18, 2024 Page 12 Tribal Consultation Pursuant to Senate Bill 18 (SB 18), the City requested a Sacred Lands File (SLF) search on the project location from the Native American Heritage Commission (NAHC) on March 5, 2023. On March 22, 2023, the NAHC responded that the findings of the search were positive and identified 19 Native American tribal representatives to contact for further information on potential tribal resources. To comply with both the requirements of SB 18 and Assembly Bill 52 (AB 52), the City mailed and emailed notices regarding the proposed project to all of the listed tribes. The City received a response from only one representative of the Gabrieleno Band of Mission Indians — Kizh Nation expressing no concerns on the project given its programmatic nature, but also expressing a desire to be consulted on future individual projects. Level of Service Analysis Although a Level of Service (LOS) traffic study is no longer required for the purpose of CEQA, nor is it required for the Housing Element Implementation Program Amendments, the City has prepared the Housing Element Transportation Analysis (Analysis) consistent with the methodology prescribed by the City's Traffic Phasing Ordinance. The Analysis serves as a reference document to provide additional information regarding potential traffic conditions related to the implementation of the Housing Element. The Analysis is available on the City's website using the following link: https://www.newportbeachca.gov/home/showpublisheddocument/74436/638458397515 200000 Much like the DEIR, the Analysis is a highly conservative, "worst -case" analysis in that it assumes full build -out of all units occurring without removal or redevelopment of any existing development. In reality, development of the new housing units will likely occur through redevelopment of existing nonresidential uses (e.g., office, retail, etc.) helping to offset vehicular trips. Furthermore, the Analysis notes that the introduction of residential into an area with predominantly existing employment uses will help to balance the land uses in the area, such that traffic volume increases may not be as substantial as expected. Even with this highly conservative scenario, Analysis concludes that only six of the study intersections are projected to potentially experience unacceptable conditions. Of these six intersections, three are expected to operate at acceptable levels of service based on improvements already identified in the General Plan. The Analysis provides recommendations that facilitate improved levels of service for the remaining three intersections. 17-28 Housing Element Implementation Program Amendments (PA2022-0245) Planning Commission, April 18, 2024 Page 13 Summary The City Council's adoption of the 6th Cycle Housing Element in September 2022, and HCD's certification of statutory compliance in October 2022, created a roadmap for the City to comply with State law as it relates to housing. The proposed updates to the General Plan, Title 20 (Planning and Zoning), Local Coastal Program, and Title 21 (Local Coastal Program Implementation Plan) are crucial to the Housing Element's planned implementation. The amendments will collectively help to ensure the City's Housing Element remains compliant thereby providing for retention of local development control. They will also provide greater clarity for prospective private developers while affording the opportunity for diverse housing options that meet the needs of the City, as identified by the RHNA allocation. Staff recommends that the Planning Commission recommend the City Council for the certification of the Program Environmental Impact Report related to the implementation of the 6th Cycle Housing Element, including the adoption of CEQA findings and Statement of Overriding Consideration, and the adoption of amendments to the General Plan Land Use Element, Title 20, and Local Coastal Program including Title 21. Lastly, it is important to remember that, for the General Plan Land Use Element to become effective and support the additional complementary and implementing amendments, a favorable vote of the electorate is required under City Charter Section 423. Should the voters not approve the proposed General Plan Land Use Element amendment, the Housing Element may be considered non -compliant with state housing law. This will enable developers of affordable housing projects to have their residential projects approved as a "builder's remedy" in accordance with the Housing Accountability Act allowing higher density housing on any site, including those not identified as housing opportunity sites in the Housing Element, and effectively ignoring height limits, density limits and other regulations designed to ensure development is consistent with the City's Vision Statement of the General Plan. Beyond builder's remedy projects, further ramifications could include, but are not limited to increased exposure to public and private litigation, loss of permitting authority, financial penalties, including monthly fines from $10,000 to $100,000, loss of eligibility for state and regional funding sources, court receivership, and increased exposure to monitoring by the newly formed Housing Accountability Unit of HCD. Pi ffi it Nnfira Given the citywide nature of this activity, notice of this hearing was published in the Daily Pilot in a one -eighth -page format at least 10 days before the scheduled meeting, consistent with Section 20.62.020(B)(2)(c) of the NBMC. Additionally, the item appeared on the agenda for this meeting, which was posted at City Hall and on the City website. 17-29 Housing Element Implementation Program Amendments (PA2022-0245) Planning Commission, April 18, 2024 Page 14 Prepared by: Submitted by: B ih NYZAeba, AICP Jaffe Murillo, AICP Principal PI ner Acting Deputy Community Development Director ATTACHMENTS PC 1 Draft Resolution with Findings and Exhibits PC 2 State Housing Law Synopsis PC 3 Planning Commission Study Session Meeting Minutes PC 4 City Council Study Session Meeting Minutes 01 /18/23 17-30 Attachment C Draft April 18, 2024, Planning Commission Minutes Excerpt 17-31 Planning Commission Meeting Minutes April 18, 2024 Satis.h Llo.n, rbpresentatiye 6 .The•:Picerneused a`presentattan t&review The Residences at tRe Airport`Village, thanked staff and partners, 'introduced .the "project team, and des6hbed`The �icerne 'group., Cory Fitting; ,Associate Principal, at••TCA'••Architects,, Drb, ideal. an'••Qvery ew'••Qf the pject••..design highlig1�s `by first preseh ng%--p.icti?res 'of th6.. current•' ondition', :then•.. relaying he �hallenges• and opnortr pities, using a •:context `map; :.ground `level'' an odium layel''•plans,, ar acarthur, •'B•.ircli-4 Macarthur,�'and 'ca%mpus perspective•..elevatiohs. Mile Meyers., Senior••PrincipaI at Lifesca-pes",tnternatior�I, reviewed the ov�eralt-.1andscaping plan and p+ans' or the ground leve` pbdiur .]evel, wdttness...pool, a6d..pool. In`closing, M-r., Lion shared'"Ietters. of'support, reiterated 1hpir corrrinitnient to :the`comMuniiy.,• arid. agreed"to the..recamm'ended. conditions as.,stated ir'Tjhe`Yep6h inbladiiig the•.iupdates'to numbersthrae and eight. In'response"to Vice Chair Rosehe's question, Mr. Linn clarified..that..the easemerit-by the southeast side agairi''st thb..pxisling Medical facility which -provides' -access to' -the parking, area will -be maintajneZ$ during 'the canstructian period:.Vice...Chai.r Roserie. s 0g.gested 'staff'd.isc' ss C.ondltion%'Na. '21 regardi.ng`e.:dee`d. notification. I'n, response to'•••.Cha* k Elfroore'.s interest. in .'•noise.. cancellation` -efforts, Mr. Linn stated• .t et••.Jhe pretiminary acoustical analysis revealed that tfiia noise from the airport•ls.less..tha"n. the-..no'ise from IV4acaithur;'noise:within the.coiirtyard..is less tli'an th�e..pe'rimeter of the bbildin'g, anti:that.•during design ��nd~develppment a•.moN detailed--anafysiswuill be..completed. He.relayed't�hat the determinations are cbnsistentwith other'projects they fi'aye developed'...... Jim Mosher:.thou.ght'-there..was..a clash,between'iuxury apartments -in an•..antieipated workforce housing area; expressed. con.cerh%%for'-the noise environment 'and impact. to'•the balconies`faciiig Macarihur, and 9`uggdsted`rnea5 nng the oise...Ievet.at that location. Ai ng"Qep'0ty Community"--pevaiopment`Qiret for Murilfb.. noted that the, projecf'•is consistent % %'tlegislative'••approvals..for'the Newport Airpo&Plariraed Community.:approve>`i,by'the City Council. General.Plan.Pollcy N4,5 allows t7igher exterio�rlois6:levels for••jnfill projects and the proj.ectinclud lzl�astures'•to ensure'•conipliance with City noise standards. '' ... 4air-Ell6are cl.sed..the"'public._hearing:'--... �on1m.issioner t ng rd t ugh�the..pr6iect was thoughtful and thanked tfie.:staff.. He",expressed. his inclination to'Wte fa rho ie project. Vice Chair Rosei're concurred. %\ C&nrnissiondr•..Salbnet anked The Piberne•Groixp ariii:apj rpciated the extra parking.:beirrg proyided: Mo.tlon rnade'•by CQmrhissroner BBarto -and secohded'•by Gc mnissiciner Soler e jo bp pr6ve the item a s• :re com m en d e d.:by "staff.".... A1FES ' •.. B%arto, Ellm,ore, Langford, Posehe, ar►d Saltine' .. NOE.: \None.. \ R'F' •CUSED:'' Ldwreyand"Harris. ABSENT: ITEM NO. 3 HOUSING ELEMENT IMPLEMENTATION PROGRAM AMENDMENTS (PA2022- 0245) Site Location: Citywide Page 3 of 6 17-32 Planning Commission Meeting Minutes April 18, 2024 Summary: As required by state law, the City adopted the 6t" Cycle Housing Element for the 2021-2029 planning period (Housing Element) on September 13, 2022, which was certified by the California Department of Housing and Community Development on October 5, 2022. To implement the Housing Element, the Planning Commission will consider a recommendation to the City Council of the amendments and actions described below which must take effect by the statutory deadline of February 2025: General Plan Amendment. Amend the General Plan Land Use Element to support housing production in the focus areas identified by the Housing Element; Zoning Code Amendment. Amend Title 20 (Planning and Zoning) of the Newport Beach Municipal Code (NBMC) to implement the Land Use Element's policy changes by allowing housing development through new Housing Opportunity (HO) Overlay Zoning Districts, establish appropriate development standards, and create objective design and development standards for multi -unit residential and mixed -use development projects; and Local Coastal Program Amendment. Amend the Newport Beach Coastal Land Use Plan and Title 21 (Local Coastal Program Implementation Plan) of the NBMC to include new Housing Opportunity (HO) Overlay Coastal Zoning Districts to support housing production in the focus areas identified by the Housing Element within the Coastal Zone. Recommended Action: 1. Conduct a public hearing; and 2. Adopt Resolution No. PC2024-006 recommending City Council certify the Program Environmental Impact Report (EIR) identified by State Clearinghouse Number (SCH No.) 2023060699, including the Mitigation Monitoring and Reporting Program (MMRP), and approve the Housing Element Implementation Program Amendments all collectively referred to as "PA2022-0245". Commissioners Landford and Rosene recused themself due to business interest conflicts. Principal Planner Zdeba utilized a presentation to review a brief background, why are we here, implementing action for the Land Use Element update and new policies, City Charter Section 423, and related to traffic and density; implementing action for the overlay zoning and development standard, recent posting, and overlay zone maps; implementing action for the objective design standards and table of contents; implementing action for the local coastal program amendment; and implementing action for the California Environmental Quality Act (CEQA) clearance, and program environmental impact report (EIR) topics and impacts. He noted the opportunity for public review of all documents, comment letters, expected next steps, accountability, and key takeaways. Commissioner Barto suggested greater clarification of mitigation efforts in conflicting areas of the EIR and specifically noted Sections 4.2, 4.26 (table), 4.21, and 4.17. In response, Ace Malisos of Kimley Horn addressed the 3,000 metric ton threshold for greenhouse gas emissions, mitigation screening level to gauge further studies, conservative approach to analysis, and flexible threshold. He noted considerations for air quality consistency including a programmatic analysis, conservative approach, and specific analysis and mitigation requirements for future development projects, plan Page 4 of 6 17-33 Planning Commission Meeting Minutes April 18, 2024 consistency criteria, and water supply plans that will be included in the urban management plans in the next round. In response to Commissioner Salene's question, Principal Planner Zdeba expected that the Airport Land Use Commission will not sign off on the plan due to a conflict with the provisions in the Airport Environs Land Use Plan that discourages residential in sensitive noise areas or safety zone areas. In response to Secretary Harris' question, Principal Planner Zdeba noted the difficulty predicting the impact to the plan from legislative changes, the proposed policies in the General Plan are matching the housing elements implementation, and a General Plan amendment and zoning code amendment would be required to curtail this back. Chair Ellmore opened the public comment. Jim Mosher thought the amendment is not ready for adoption, noted his membership on the General Plan Advisory Committee (GPAC), relayed that the recommendation by the GPAC for the Land Use Element policy changes was not unanimous, stated the Land Use Element changes are the only part included in the vote, indicated areas not ready for adoption in the zoning implementation, and expressed concern for a permanent entitlement in the General Plan without a sunset provision, a plan not tailored to the Regional Housing Needs Assessment (RHNA), and restricting opportunities to a few sites. In response to Chair Ellmore's inquiry, Principal Planner Zdeba relayed that there are statements relaying that the density bonus units not being included explicitly in the analysis within the project description for the program EIR and can be clarified by staff in the findings from the EIR and will be provided to the City Council for consideration. Chair Ellmore suggested replacing the word "parcel" with "sites" in the noise Section 4.11. In response, Acting Deputy Community Development Director Murillo relayed a change to the implementing section of Zoning Ordinance Section 20.30.80.F that clarifies that the intent is to look at the development site as a whole, including those consisting of multiple parcels, and the zoning ordinance language is clear. Chair Ellmore closed the public hearing. Commissioner Lowrey thought the City has done a good job on this matter and expressed support for the recommendation. Secretary Harris thanked staff and volunteer groups and supported the recommendation. Motion made by Secretary Harris and seconded by Chair Ellmore to approve the item as recommended by staff. AYES: Barto, Ellmore, Lowrey, Harris, and Salene NOES: None RECUSED: Langford and Rosene ABSENT: None Vill.... STAFF AND CO.MMISSIGNERITEMS ITEM"NO.4.. MOTION FOR RECONSIDERATION. Page 5 of 6 17-34 Attachment D Planning Commission Resolution No. PC2024-006 17-35 DocuSign Envelope ID: 624586F6-4D69-4101-9D3A-300ECCE30F20 RESOLUTION NO. PC2024-006 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH, CALIFORNIA, RECOMMENDING THE CITY COUNCIL CERTIFY AN ENVIRONMENTAL IMPACT REPORT, INCLUDING A MITIGATION MONITORING AND REPORTING PROGRAM AND A STATEMENT OF OVERRIDING CONSIDERATIONS WITH CEQA FINDINGS, AND AMENDMENT TO THE GENERAL PLAN, COASTAL LAND USE PLAN, AND TITLE 20 (PLANNING AND ZONING) AND TITLE 21 (LOCAL COASTAL PROGRAM IMPLEMENTATION PLAN) OF THE NEWPORT BEACH MUNICIPAL CODE TO IMPLEMENT THE GENERAL PLAN 6T" CYCLE HOUSING ELEMENT IN COMPLIANCE WITH STATE LAW (PA2022-0245) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. Every eight years, state law requires the City of Newport Beach ("City") to update its Housing Element, one of the seven mandatory elements of the Newport Beach General Plan, which identifies and analyzes existing and projected housing needs within their jurisdiction. 2. Newport Beach was assigned a Regional Housing Needs Allocation ("RHNA") allocation of 4,845 homes as its projected housing needs for the planning period covering 2021- 2029. 3. As a result, the City prepared the 6th Cycle Housing Element, which covers the planning period from 2021-2029 ("6th Cycle Housing Element") to plan for the 4,845 new housing units. 4. Preparation of the 6th Cycle Housing Element involved extensive public participation with community groups at numerous workshops, as well as meetings with the Planning Commission and City Council, and was assisted the Housing Element Update Advisory Committee (HEAUC), which was an ad -hoc committee formed and appointed by the City Council. 5. In accordance with state law, the 6th Cycle Housing Element for the 2021-2029 planning period was adopted by the City Council on September 13, 2022, and certified as statutorily compliant with state law by the State Department of Housing and Community Development ("HCD") on October 5, 2022. 6. Section 4 (Housing Plan) of the 6th Cycle Housing Element presents a framework and strategy for meeting the needs of existing and future resident populations based on the RHNA allocation of 4,845 new housing units, the "fair share" of regional housing need and demand. 17-36 DocuSign Envelope ID: 624586F6-4D69-4101-9D3A-300ECCE30F20 Planning Commission Resolution No. PC2024-006 Paae 2 of 62 7. The 6th Cycle Housing Element identifies the following site groupings or "focus areas" that are best suited to accommodate the City's RHNA planning obligation: • Airport Area Environs • West Newport Mesa • Newport Center • Dover/Westcliff • Coyote Canyon 8. The 6th Cycle Housing Element opportunity sites are to be rezoned per Housing Element Policy Actions 1A through 1 F to accommodate the City's RHNA obligation, including a buffer necessary to address future "no net loss" of available sites and to preclude the need to identify replacement sites during the 6th Cycle implementation. Rezoning includes the establishment of overlay zoning districts and accompanying development standards, as well as corresponding amendments to the Land Use Element of the General Plan and the Local Coastal Program. 9. To comply with state law, the City has been working diligently to implement the planning strategy outlined in Section 4 (Housing Plan) of the 6th Cycle Housing Element no later than February 2025. The implementing programs and strategies ("611 Cycle Housing Element Implementation") include the following amendments and actions: • General Plan Amendment ("GPA"). To revise the necessary goals and/or policies within the City's Land Use Element to support housing production in the focus areas identified by the Housing Element; Amendment to Title 20 (Planning and Zoning) of the NBMC ("ZCA"). To implement the Land Use Element's policy changes by allowing housing development as an opportunity and establishing appropriate development standards create objective design and development standards for multi -unit residential and mixed -use development projects; • Local Coastal Program Amendment ("LCPA"). To revise and create new policies within the City's Coastal Land Use Plan and to update Title 21 (Local Coastal Program Implementation Plan) of the Newport Beach Municipal Code ("NBMC") to support housing production in the focus areas identified by the 6` Cycle Housing Element and within the Coastal Zone; and Program Environmental Impact Report (SCH No. 2023060699). To analyze potential environmental impacts under the California Environmental Quality Act ("CEQA") related to the implementation of the 6th Cycle Housing Element through providing additional housing development capacity. 10. Certain components of the 6th Cycle Housing Element Implementation constitute a "Major Amendment" as defined in Section 423 (Protection from Traffic and Density) of Article IV 01-17-23 17-37 DocuSign Envelope ID: 624586F6-4D69-4101-9D3A-300ECCE30F20 Planning Commission Resolution No. PC2024-006 Paae 3 of 62 of the City's Charter; therefore, they individually and/or collectively require a majority vote of the electorate. 11. The 61h Cycle Housing Element Implementation must take effect by February of 2025 to avoid significant penalties authorized under by state law, including but not limited to: • Increased exposure to public and private litigation; • Loss of permitting authority; • Financial penalties, including monthly fines from $10,000 to $100,000; • Loss of eligibility for state and regional funding sources; • Court receivership; • Senate Bill 35 ("SB 35") streamlined ministerial approval process; and • Increased exposure to monitoring by the newly formed Housing Accountability Unit of HCD. 12. SB 35 provides for a "builder's remedy" that allows developers of affordable housing projects to bypass the zoning code and general plan of cities that are deemed non- compliant with state law by effectively ignoring height limits, density limits, and other regulations that make for thoughtfully planned development. Cities are effectively prohibited from denying a "builder's remedy" project except in unique circumstances, resulting in a loss of local control. 13. A public hearing was held on April 18, 2024, in the Council Chambers at 100 Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of the public hearing was given in accordance with California Government Code Section 54950 et seq. ("Ralph M. Brown Act") and Chapters 20.62 (Public Hearings) and 21.62 (Public Hearing) of the NBMC. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this public hearing. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. A draft program Environmental Impact Report (State Clearinghouse Number 2023060699) ("DEIR") has been prepared in compliance with the CEQA set forth in Public Resources Code Section 21000 et seq., the State CEQA Guidelines set forth in 14 California Code of Regulations Section 15000 et seq., and City Council Policy K-3. 2. The DEIR was circulated for a 46-day comment period beginning on February 12, 2024, and ending on March 28, 2024. The Environmental Impact Report ("EIR"), which includes the DEIR, comments, and responses to the comments as of the public hearing date, is being considered by the Planning Commission in its review of the 61h Cycle Housing Element Implementation. 3. The Planning Commission finds that the EIR has been prepared and completed in compliance with CEQA and City Council Policy K-3. 4. The Planning Commission finds that the EIR reflects the independent judgment and analysis of the City. 01-17-23 17-38 DocuSign Envelope ID: 624586F6-4D69-4101-9D3A-300ECCE30F20 Planning Commission Resolution No. PC2024-006 Paae 4 of 62 5. The Planning Commission reviewed and considered the information contained in the EIR prior to forwarding its recommendation on the amendments to the General Plan, NBMC, and Local Coastal Program. 6. Given the programmatic nature of the EIR, any one site within a focus area that exceeds a threshold of significance causes the need to explore mitigation for the corresponding topic area. Accordingly, the EIR discloses significant and unavoidable impacts relating to aesthetics, air quality, cultural resources, greenhouse gas ("GHG") emissions, noise and utilities and service systems and potentially significant environmental impacts related to geology and soils, tribal cultural resources and wildfire that may directly or indirectly result from the project but would be reduced to a less than significant level of impact by the mitigation measures specified in the EIR. SECTION 3. FINDINGS. General Plan Amendment An amendment to the City's General Plan Land Use Element is a legislative act. Neither Title 20 (Planning and Zoning) of the NBMC nor California Government Code Section 65000 et seq., set forth any required findings for either approval of such amendments. Notwithstanding the foregoing, the following amendments to the General Plan Land Use Element will create internal consistency with the certified 6t" Cycle Housing Element: Findings and Facts in Support of Finding: According to General Plan Implementation Program 1.2, revisions and updates of the General Plan must be made in accordance with the Vision Statement. While it is being reviewed as part of the comprehensive General Plan update, as presently written, it is the City's intention to be a residential community, balanced with supporting nonresidential uses, job opportunities, and visitor and recreational services and amenities. Furthermore, the Vision Statement calls for "a range of housing opportunities that allows people to live and work in the City." 2. Implementation Program 1.2 further states that amendments to accommodate the City's "fair share" of regional housing demand will be considered in context of these visions and the goals stipulated by the General Plan. Adoption of the proposed Amendment will support the 6th Cycle Housing Element adopted in the context of the visions and goals stipulated by the General Plan. 3. The proposed Amendment, attached to this resolution and incorporated herein, is in full compliance with the Section 4 of the 6t" Cycle Housing Element as presented below: 01-17-23 17-39 DocuSign Envelope ID: 624586F6-4D69-4101-9D3A-300ECCE30F20 Planning Commission Resolution No. PC2024-006 Paae 5 of 62 611 Cycle Housing Element Implementation Measures Housing Goal #1. Provision of adequate sites to accommodate projected housing unit growth needs within the following identified housing opportunity sites: • Airport Area Environs • West Newport Mesa • Newport Center • Dover/Westcliff • Banning Ranch • Coyote Canyon Housing Goal #2. Quality residential development and preservation, conservation, and appropriate redevelopment of housing stock. Housing Goal #3. A variety of housing types, designs, and opportunities for all social and economic segments. Housing Goal #4. Housing opportunities for as many renter- and owner -occupied households as possible in response to the market demand and RHNA obligations for housing in the City. Amendments in Support of Housing Element's Implementation Measures Revised Policies LU 1.1 through LU 1.5 emphasize the goal of balancing the needs of residents, businesses, and visitors through the recognition that Newport Beach is primarily a residential community. The polices underscore the need to preserve and enhance residential neighborhoods. The identified sites direct new housing opportunities outside of established residential neighborhoods. The amended Policies ensure the continued recognition that Newport Beach is primarily a residential community. Revised Policies LU 2.2 and LU 2.5 call for supporting the development of uses that allow the City to be a complete community and indicate that harbor and waterfront uses contribute to the charm and character of the City and provide needed support for residents. Revised Policy 3.3 (Transition of Land Uses) calls for supporting residential opportunities in West Newport Mesa; residential infill development along Balboa Boulevard corridor and facilitating workforce housing in proximity to jobs, transportation and services in West Newport Mesa and the Airport Area; and providing for housing opportunities that complement nonresidential uses in the Coyote Canyon Landfill site. Revised Goal LU 4 Manage growth and change to: • Support the livability of existing neighborhoods. • Support residential opportunities that accommodate the City's share of the Regional Housing Needs Assessment. • Promote new uses that are complimentary to already existing neighborhoods and uses. • Achieve distinct and economically vital business and employment districts. • Correlate with supporting infrastructure and public services. • Sustain Newport Beach's natural setting. The above amendment supports Housing Goal #1 as it accommodates City's share of RHNA. 01-17-23 17-40 DocuSign Envelope ID: 624586F6-4D69-4101-9D3A-300ECCE30F20 611 Cycle Housing Element Implementation Measures Charter Section 423 Analysis Planning Commission Resolution No. PC2024-006 Paae 6 of 62 Amendments in Support of Housing Element's Implementation Measures Revised Policy LU4.1 (Land Use Diagram) clarifies that density limits exclude increases allowed through the application of density bonus laws as stipulated also by state law. New Policies 4.4 (Rezoning to Accommodate Housing Opportunities); 4.5 (Residential Uses and Residential Densities); 4.6 (Continuation of Existing Development); and 4.7 (Redevelopment and Transfer of Development Rights) all support 6tn Cycle Housing Element Implementation Measures. These policies stipulate that residential opportunities are to be established as overlay zones which allow for existing uses to continue. Opportunities for by - right development, when at least 20% or more units are affordable to lower -income households, ensures housing opportunities for all social and economic segments and ensures streamlined project review. Revised Policy LU 5.1.3 (Neighborhood Identification) calls for the establishment of objective design and development standards which ensures Implementation Goals 1 and 2 which stipulate quality design and variety of housing designs. Revised Policy LU 6.2.4 (Accessory Dwelling Units (ADUs)) supports and promotes the development of accessory dwelling units and junior accessory dwellings. This policy fulfills Implementation Goal #1 that calls for the City to aggressively support and accommodate the construction of at least 240 ADUs. Revised Policies LU 6.4.2 (Residential); LU 6.6.2 (Residential Types (West Newport Mesa)); LU 6.15.4 (Priority Uses (Airport Area — Mixed -Use Districts [Subarea C, "MU-H2" designation])); LU 6.15.28 (Priority Uses (Airport Area — Commercial Nodes ]"CG" designation Sub -Area C-part]) and LU 6.15.29 (Priority Uses (Airport Area — Commercial Office District ["CO-G" designation Sub -Area C— part]) support housing development or redevelopment within the opportunity sites identified in the Housing Element. 01-17-23 17-41 DocuSign Envelope ID: 624586F6-4D69-4101-9D3A-300ECCE30F20 Planning Commission Resolution No. PC2024-006 Paae 7 of 62 1. Voter approval is required for any major amendment to the Newport Beach General Plan. A "major amendment" is one that significantly increases the maximum amount of traffic that allowed uses could generate, or significantly increases allowed density or intensity. "Significantly increases" means over 100 peak hour trips (traffic), or over 100 dwelling units (density), or over 40,000 square feet of floor area (intensity). 2. The thresholds apply to the total of: 1) Increases resulting from the amendment itself, plus 2) 80% of the increases resulting from other amendments affecting the same neighborhood and adopted within the preceding 10 years. As the proposed amendment is considered a major amendment, it will not take effect if City Council decides to approve it, unless it has been accessed to registered voters and has been approved by a majority of those voting on it. 3. Should the City not implement the 6t" Cycle Housing Element by February 2025, the City may be considered non -compliant with State Housing Laws and developers of affordable housing projects will be entitled to have their residential projects approved as a "builder's remedy" in accordance with Senate Bill 35, effectively ignoring height limits, density limits and other regulations designed to ensure development is consistent with the City's Vision Statement of the General Plan. Tribal Consultation 1. Pursuant to Senate Bill 18, the City requested a Sacred Lands File (SLF) search on the project location from the Native American Heritage Commission (NAHC) on March 5, 2023. On March 22, 2023, the NAHC responded that the findings of the search were positive and identified 19 Native American tribal representatives to contact for further information on potential tribal resources. To comply with both the requirements of SB 18 and Assembly Bill 52, the City mailed and emailed notices regarding the proposed project to all of the listed tribes. The City received a response from only one representative of the Gabrieleno Band of Mission Indians — Kizh Nation expressing no concerns on the project given its programmatic nature, but also expressing a desire to be consulted on future individual projects. Zoning Code Amendment An amendment to Title 20 (Planning and Zoning) of the NBMC is a legislative act. Neither Title 20 itself nor California Government Code Section 65000 et seq., set forth any required findings for either approval of such amendments. However, Section 20.66.040 of the NBMC requires the Planning Commission to make and file a report of its findings and recommendations with the Council. Findings and Facts in Support of Finding: 1. The Zoning Code is a tool designed to implement the General Plan. Since the 6t" Cycle Housing Element Implementation involves an amendment to the General Plan, it is necessary to also amend Title 20 (Planning and Zoning) to achieve its goals and policies. 01-17-23 17-42 DocuSign Envelope ID: 624586F6-4D69-4101-9D3A-300ECCE30F20 Planning Commission Resolution No. PC2024-006 Paae 8 of 62 2. The ZCA, attached to this resolution as Exhibits "B" and "C," and incorporated herein, including the Housing Opportunity (HO) Overlay Zoning Districts with associated development standards, and the Multi -Unit Objective Design Standards, are consistent with the implementation program in the Housing Plan of the Housing Element, as discussed above under the Findings for the General Plan Amendment. The ZCA will enable the implementation of the Housing Element's key objective, which is to accommodate the development of housing projects to fulfill City's "fair share" of regional housing need and demand. Local Coastal Program Amendment An amendment to Title 21 (Local Coastal Program Implementation Plan) of the NBMC is a legislative act. Neither Title 21 of the NBMC itself nor California Government Code Section 65000 et seq., set forth any required findings for either approval of such amendments. Findings and Facts in Support of Finding: 1. The 6t" Cycle Housing Element includes the Housing Plan, which sets forth programs and strategies to facilitate and encourage the development of the City's "fair share" of regional housing demand. Appendix B of the 6t" Cycle Housing Element has identified several sites to be rezoned with the Housing Overlay (HO) Zoning District. A number of these sites are within the Coastal Zone. As the Zoning Code needs to be amended to add the new HO Overlay Zones, and the associated development standards, similarly, the Local Coastal Program needs to be amended to add the new Overlay Zones along with the development standards, for properties that are within the Coastal Zone. 2. The proposed amendments, attached to this resolution as Exhibit "D," and incorporated herein, fulfill the Housing Plan, as the amendments will facilitate the development of housing consistent with the 6t" Cycle Housing Element as shown below: 6th Cycle Housing Element Implementation Measures Amendments to the Local Coastal Policy in Support of Housing Element's Implementation Measures Housing Goal #1. Provision of adequate sites to New Policy LU 2.1.11-1 calls for accommodating accommodate projected housing unit growth housing opportunities through the adoption of needs within the following identified housing housing opportunity overlay zoning districts for opportunity sites: the following opportunity sites: • Airport Area Environs • Airport Environs • West Newport Mesa • West Newport Mesa • Dover/Westcliff . Newport Center • Newport Center . Dover/Westcliff • Banning Ranch • Coyote Canyon This new policy is consistent with Housing Goal Housing Goal #2. Quality residential #1. development and preservation, conservation and New Policies LU 2.1.11-2, LU 2.1.11-3 and LU appropriate redevelopment of housing stock. 2.1.11-4 establish procedures regarding density 01-17-23 17-43 DocuSign Envelope ID: 624586F6-4D69-4101-9D3A-300ECCE30F20 Planning Commission Resolution No. PC2024-006 Paae 9 of 62 6th Cycle Housing Element Implementation Measures Amendments to the Local Coastal Policy in Support of Housing Element's Implementation Measures limits and clarify that residential opportunities Housing Goal #3. A variety of housing types, are in addition to existing uses allowed by the designs, and opportunities for all social and Coastal Land Use Plan and must be consistent economic segments. with applicable overlay or implementation plan requirements unless modified consistent with Housing Goal #4. Housing opportunities for as established procedures to grant relief from many renter- and owner -occupied households as standards (e.g. Coastal Modification or Variance possible in response to the market demand and or the application of Density Bonus regulations). RHNA obligations for housing in the City. These policies fulfill Housing Goals #1 and #2, as they set parameters for the overlay zones and allow for uses permitted by underlying zones. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: The above recitals are true and correct and incorporate herein. 2. The Planning Commission declares that despite the potential for significant environmental effects that cannot be substantially lessened or avoided through the adoption of feasible mitigation measures or feasible alternatives, there exist certain overriding economic, social and other considerations for approving the proposed Project. 3. The Planning Commission hereby recommends the City Council certify the Final EIR (SCH#2023060699) attached as Exhibit "A," including the forthcoming draft findings. 4. The Planning Commission has read and considered the amendments to the General Plan, amendments to the Zoning Code, and the Local Coastal Program, as contained in Exhibits "B" through "E," as part of the consideration of the adopted 6th Cycle Housing Element implementation programs and recommends adoption of the General Plan Amendment, Zoning Code Amendments, and Local Coastal Program Amendment under PA2022-0245. PASSED, APPROVED, AND ADOPTED THIS 18T" DAY OF APRIL, 2024. AYES: Barto, Ellmore, Harris, Lowrey, and Salene NOES: None RECUSED: Langford and Rosene ABSENT: None 01-17-23 17-44 DocuSign Envelope ID: 624586F6-4D69-4101-9D3A-300ECCE30F20 BY: bwfiS f"avti, Curtis Ellmore, Chair BY: Tiisfav' RA.v'v'iS Tristan Harris, Secretary Planning Commission Resolution No. PC2024-006 Paae 10 of 62 01-17-23 17-45 DocuSign Envelope ID: 624586F6-4D69-4101-9D3A-300ECCE30F20 Planning Commission Resolution No. PC2024-006 Paae 11 of 62 EXHIBIT "A" DRAFT ENVIRONMENTAL IMPACT REPORT EIR (SCH#2023060699), INCLUDING RESPONSES TO COMMENTS AND THE MITIGATION, MONITORING, AND REPORTING PROGRAM (MMRP) This Exhibit is attached digitally due to size and is available at www.newportbeachca.gov/CEQA within the folder entitled "Housing Element Implementation Program EIR (PA2022-0245). " 01-17-23 17-46 DocuSign Envelope ID: 624586F6-4D69-4101-9D3A-300ECCE30F20 Planning Commission Resolution No. PC2024-006 Paae 12 of 62 EXHIBIT "B" GENERAL PLAN AMENDMENT LAND USE ELEMENT The General Plan Land Use Element would be amended as follows, currently shown in redline - strikeout format for ease of reference only: This Exhibit is attached digitally due to size and is available at https://www. newportbeachca. gov/home/showpublisheddocument/73654/638473094744400000. 01-17-23 17-4 7 DocuSign Envelope ID: 624586F6-4D69-4101-9D3A-300ECCE30F20 Planning Commission Resolution No. PC2024-006 Page 13 of 62 EXHIBIT "C" TITLE 20 (PLANNING AND ZONING) AMENDMENT HOUSING OPPORTUNITY (HO) OVERLAY ZONING DISTRICTS Chapter 20.28 (Overlay Zoning Districts [MHP, PM, B, H]) of the Newport Beach Municipal Code (NBMC) would be amended as follows, currently shown in redline -strikeout format for ease of reference only: Chapter 20.28 OVERLAY ZONING DISTRICTS (MHP, PM, B, H) Sections: 20.28.010 Purposes of Overlay Zoning Districts. 20.28.020 Mobile Home Park (MHP) Overlay Zoning District. 20.28.030 Parking Management (PM) Overlay District. 20.28.040 Bluff (B) Overlay District. 20.28.050 Housing Opportunity (HO) Overlay Zoning Districts. 20.28.060 Height (H) Overlay District. 20.28.010 Purposes of Overlay Zoning Districts. The purposes of the individual overlay zoning districts and the manner in which they are applied are outlined below. An overlay district may be initiated as a Zoning Map amendment in compliance with Chapter 20.66 (Amendments). All development shall comply with the applicable development standards (e.g., setbacks, height) of the underlying zoning district in addition to the standards provided in this chapter, if any. In situations where an inconsistency occurs between the development standards of the underlying zoning district and the standards in this chapter, the standards of the overlay district shall prevail. A. MHP (Mobile Home Park) Overlay Zoning District. The MHP Overlay Zoning District is intended to establish a mobile home district on parcels of land developed with mobile home parks. The regulations of this district are designed to maintain and protect mobile home parks in a stable environment with a desirable residential character. B. PM (Parking Management) Overlay Zoning District. The PM Overlay Zoning District is intended to provide for areas where parking management plans are appropriate to ensure adequate parking. C. B (Bluff) Overlay Zoning District. The B Overlay District is intended to establish special development standards for areas of the City where projects are proposed on identified bluff areas. The specific areas are identified in Part 8 of this title (Maps). D. HO (Housing Opportunity) Overlay Zoning Districts. The HO Overlay Zoning Districts are intended to accommodate housing opportunities consistent with the Housing Element's focus areas and to ensure the City can meet its allocation of the Regional Housing Needs Assessment (RHNA). The specific areas are identified in Part 8 of this title (Maps). E. H (Height) Overlay District. The H Overlay District is intended to establish standards for review of increased building height in conjunction with the provision of enhanced project design features and amenities. 01-17-23 17-48 DocuSign Envelope ID: 624586F6-4D69-4101-9D3A-300ECCE30F20 Planning Commission Resolution No. PC2024-006 Paae 14 of 62 20.28.050 Housing Opportunity (HO) Overlay Zoning Districts. A. Applicability. This section applies to properties located in one of the Housing Opportunity (HO) Overlav Zonina Districts, as identified in Part 8 of this title.This includes the followina subareas: 1. HO-1 - Airport Area Environs Area — The Airport Area Environs Area is located north of the Upper Newport Bay Nature Reserve, primarily around the John Wayne Airport. 2. HO-2 - West Newport Mesa Area — The West Newport Mesa Area is located near the southwest corner of the City and primarily consists of industrial properties along 16th Street, Production Place. and 15th Street. 3. HO-3 - Dover-Westcliff Area —The Dover-Westcliff Area includes property on both sides of West Coast Highway and the west of Dover Drive. Properties in the Lido Village area are included. 4. HO-4 - Newport Center Area — The Newport Center Area is generally bounded by San Joaquin Hills Road, MacArthur Blvd, Coast Highway, and Jamboree Road. 5. HO-5 - Coyote Canyon Area —The Coyote Canyon Area is located on the south side of California State Route 73. at the iunction of Newport Coast Drive. The above listed are general descriptions of each subarea and additional properties may be included with the subarea. To be eligible for the provisions of this chapter, the property must be listed on the HO area maD as an "ODDortunity Site". 6. HO-6 - 5th Cycle Housing Element Sites — Those sites that are identified as 5th Cycle Housing Element sites on Figure B-5 of the 6th Cycle Housing Element. See subsection 20.28.050(E) for alternative review process. B. Uses Allowed. The following uses shall be permitted in the Housing Opportunity (HO) Overlay Zoning Districts with exception of HO-6 where only the base zoning standards apply: 1. Anv use that is Dermitted or conditionallv Dermitted in the base zone: 2. Multiple -unit development that meets the density requirements set forth in this section; 3. Mixed -use development that includes a residential component which complies with the minimum densitv set forth in this section: and 4. Residential supporting uses such as leasing/sales/property management offices, fitness facilities, recreation facilities, etc. C. Subarea Development Standards. 1. Development Standards. The following development standards shall apply to any residential or mixed -use project permitted pursuant to this section. Unless otherwise modified by this section, all applicable development standards, including any adopted objective design standards, shall apply. 01-17-23 17-49 DocuSign Envelope ID: 624586F6-4D69-4101-9D3A-300ECCE30F20 Planning Commission Resolution No. PC2024-006 Paae 15 of 62 TABLE 2-16 DEVELOPMENT STANDARDS FOR HOUSING OPPORTUNITY OVERLAY ZONES Housing O portunitv Subareas Feature HO-1 HO-2 HO-3 HO-4 HO-5 HO-6 -Development Development Limit 2,577 1,107 521 2,439 1,530 N/A -units)") Lot Size/Dimension Per Base Zone Lot area required per Minimum: Minimum: 2,178 (20 du/ac) Maximum: 871 (50 du/ac) Minimum: All Standards unit (sq. ft.)(2) 2,178(20 2,178(20 du/ac Maximum: 871 50 du/ac du/ac Maximum: 726 60 du/ac 1101 Per Base Zone Setbacks Front 0 ft.(3) 10 ft.(3) 10 ft.(3)(4) 0(3) 10 ft.(3) Rear 0 20 ft. 20 ft. 0 20 ft. Side 0 (4) Street Side 0(3) 10 ftT3> 10 ft.(3) 0 ft.(3) 10 ft.(3) Height Per Base Zone unless 65 ft. 65 ft.(') Per Base 65 ft. Zone(7) otherwise identified on the map Building Separation 10 ft. Floor Area Ratio (FAR) No restriction(') Common Open Minimum 75 square feet/dwelling unit. (The minimum Space(9) dimension [length and width shall be 15 feet. Private Open Space(9) 5% of the gross floor area for each unit. (The minimum dimension [length and width] shall be 6 feet.) Fencing See Section 20.30.040 (Fences, Hedges, Walls, and Retaining Walls . Landsca in See Chapter 20.36 (Landscaping Standards . Lighting See Section 20.30.070 (Outdoor Lighting). Outdoor Storage/Disp la See Section 20.48.140 (Outdoor Storage, Display, and Activities). Parking See Subsection (D)(3) below and Chapter 20.40 (Off -Street Parkin Satellite Antennas See Section 20.48.190 (Satellite Antennas and Amateur Radio Facilities). Si ns See Chapter 20.42 (Sign Standards . (1) Development limits are additional residential development opportunities beyond the base allowances in this Title or the General Plan. These limits shall not include density bonus units or units that are either identified as pipeline units in the 6th Cycle Housing Element (Table B-2) or units that were applied for and predate the effective date of the HO Overlay Zoninq Districts. Furthermore, eligible units are only counted against the development limits when they are either entitled or are issued a building permit if allowed by right. However, 25% of the development limit within each HO Overlay Zoning District that includes properties within the Coastal Zone shall be reserved until such a time as the City's Local Coastal Program has been amended to allow for housing consistent with the implementation of the 6th 01-17-23 17-50 DocuSign Envelope ID: 624586F6-4D69-4101-9D3A-300ECCE30F20 Planning Commission Resolution No. PC2024-006 Paae 16 of 62 Cycle Housinq Element. Following the City's Local Coastal Program Amendment, priority for the reserved units will be given to sites located within the Coastal Zone. (2) Minimum/maximum allowable density range may be based on an average density of the entire project site, excluding density bonus units. (3) Any portion of the building that is over 20 feet in height shall be setback a minimum 20 feet from the street right-of- way. (4) Except in the Mixed -Use Mariners Mile (MU-MM) Zoning District wherein residential uses are only allowed beginning 100 feet north of Coast Highway. (5) The combined total from both sides shall be 15 feet. (6) The height shall be limited to 35 feet in the Shoreline Height Limit Area, as identified in Map H-1. (7) "Base Zone" includes all height limitations established by the Sight Plane Ordinance (Ordinance No. 1371 and Ordinance No. 1596). (8) The FAR in this table only applies to residential floor area, including any supporting facilities. In mixed -use developments, the FAR for nonresidential is still applicable. (9) For purposes of this section, common and private open space in HO-1 may include enclosed shared amenities such as a clubhouse, swimming pool, tennis court, basketball court, racquetball court, weightlifting facility, children's playground equipment, sauna, Jacuzzi, day care facility, or any other recreational amenities/facilities as deemed appropriate by the Community Development Director. (10) This density is intended for the former Coyote Canyon Landfill site only. The Sage Hill School site is limited to a maximum of 20 dwellina units. 2. Airport Area Environs Area (HO-1). The following development standards shall only apply to prolects with the Airport Area Environs Area: a. Sound Mitigation. The interior ambient noise level of all new residential dwelling units shall meet applicable standards of the Section 10.26.030 (Interior Noise Standards). An acoustical analysis report, prepared by an acoustical engineer, shall be submitted describing the acoustical design features of the structure that will satisfy the interior noise standard. The residential units shall be constructed, and noise attenuated in compliance with the report. b. Advanced Air Filtration. The design of all new residential and mixed -use residential develoDments shall include advanced air filtration systems to Dromote cleaner air within living environments. c. Notification to Owners and Tenants. A written disclosure statement shall be prepared prior to sale, lease, or rental of a residential unit within the development. The disclosure statement shall indicate that the occupants will be living in an urban type of environment adjacent to an airport and that the noise, odor, and outdoor activity levels may be higher than a typical suburban residential area. The disclosure statement shall include a written description of the potential impacts to residents of both the existing environment (e.g., noise from planes, commercial activity on the site and vehicles streets) and potential nuisances based upon the allowed uses in the zoning district. Each and every buyer, lessee, or renter shall sign the statement acknowledging that they have received, read, and understand the disclosure statement. A covenant shall also be included within all deeds, leases or contracts conveying any interest in a residential unit within the development that requires: (1) the disclosure and notification requirement stated herein; (2) an acknowledgment by all grantees or lessees that the property is located within an urban type of environment and that the noise, odor, and outdoor activity levels may be higher than a typical suburban residential area; and (3) acknowledgment that the covenant is bindina for the benefit and in favor of the Citv of NewDort Beach. 3. West Newport Mesa Area (HO-2). The following development standards shall only apply to projects with the West Newport Mesa Area: 01-17-23 17-51 DocuSign Envelope ID: 624586F6-4D69-4101-9D3A-300ECCE30F20 Planning Commission Resolution No. PC2024-006 Page 17 of 62 a. West Newport Mesa Streetscape Master Plan. Any residential or mixed -use residential development shall implement applicable components of the adopted West Newport Mesa Streetscape Master Plan. 4. Coyote Canyon Area (HO-5). The following development standards shall only apply to protects with the Coyote Canyon Area: a. Public Park. Any future residential development within this subarea shall include a public park that is no less than 3.5 acres, in aggregate. As part of the review for the overall project, the developer shall provide a detailed description of the public park, including timing, dimensions, and location within the project site. b. Public Trails. Anv future residential development shall include Dublic trails for the entire subarea that accommodate multiple modes of transit (i.e., walking and bicycling) and connect to nearby community resources, as well as the existing trail system. As part of the review for the overall project, the developer shall provide a detailed description of the trail system, including timing, dimensions, alignment, and location within the project site. D. General Development Standards. The following development standards shall apply to all projects within the Housing Opportunity zone, regardless of subarea: 1. Mixed -use developments. All mixed -use developments shall comply with Section 20.48.130 (Standards for Mixed -Use Protects). In addition, a minimum of 50% of the floor area of mixed - use developments shall be dedicated to residential uses. For purposes of this section, floor area be defined as all enclosed floor space, but exclude parking garages/spaces, utility areas, and storage areas that are not directly accessible from the interior of a dwelling unit. 2. Landscaped Setbacks. All front and street side setbacks shall be landscaped, except for areas that provide vehicle and pedestrian access to the right-of-way. 3. Residential Off -Street Parking Requirements. Residential parking requirements for projects within the Housing Opportunity Overlay Zones shall be provided in accordance with Table 2-17 below. Parking for all other uses not included in this table shall be provided in accordance with Chapter 20.40 (Off -Street Parking Requirements) of the NBMC. TABLE 2-17 RESIDENTIAL OFF-STREET PARKING FOR HOUSING OPPORTUNITY OVERLAY ZONES Land Use Subtype Residential Studio 1.1 spaces per dwelling unit Rental 1 Bedroom 1.5 spaces per dwelling unit 2 Bedrooms 1.8 spaces per dwelling unit 3 Bedrooms 2.0 spaces per dwelling unit 0.3 spaces peLdwelling unit Visitor Parkinq Residential Studio 1.4 spaces per dwelling unit (Ownership) 1 Bedroom 1.8 spaces per dwelling unit 2 Bedrooms 1.8 spaces per dwelling unit 3 Bedrooms 2.0 spaces per dwelling unit Visitor Parkinq 0.3 spaces per dwelling unit 01-17-23 17-52 DocuSign Envelope ID: 624586F6-4D69-4101-9D3A-300ECCE30F20 Planning Commission Resolution No. PC2024-006 Paae 18 of 62 E. Review Process. Notwithstanding Sections 20.48.130(A) and 20.52.080, any residential or mixed - use development in the HO Overlay Zones that includes a minimum of 20% of the units reserved for very -low- and low-income residents shall not require a Site Development Review, but shall require an affordable housina imDlementation Dlan (AHIP) and shall meet all the followina criteria: 1. All units desianated as affordable to verv-low and/or low-income residents shall be subiect to a minimum 30-year affordability covenant; 2. Affordable units shall reflect the range of numbers of bedrooms provided in the residential development project as a whole, but may be smaller and have different interior finishes and features than market -rate units: 3. Affordable units shall be comparable in the facilities provided (e.g., laundry, recreation, etc.) and in the aualitv of construction and exterior desian to the market -rate units: and 4. Affordable units shall be dispersed throughout the residential development. 01-17-23 17-53 DocuSign Envelope ID: 624586F6-4D69-4101-9D3A-300ECCE30F20 Planning Commission Resolution No. PC2024-006 Paae 19 of 62 A new Section 20.80.036 (Housing Opportunity Overlay District maps) would be added to Part 8, Chapter 20.80 (Maps) of the NBMC to include the following: LEGEND 60' maximum 35' maximum ............a :!9 Fae1 FT ff HO-1 Airport Area Environs Area a "� GIS Dv.ivan OMb- 69, 2023 01-17-23 17-54 DocuSign Envelope ID: 624586F6-4D69-4101-9D3A-300ECCE30F20 Planning Commission Resolution No. PC2024-006 Pacle 20 of 62 01-17-23 17-55 DocuSign Envelope ID: 624586F6-4D69-4101-9D3A-300ECCE30F20 Planning Commission Resolution No. PC2024-006 Paae 21 of 62 HO-3 Dover-Westcliff Area Ni GI5 Dm'1 O mh hb- 09, 24773 01-17-23 17-56 DocuSign Envelope ID: 624586F6-4D69-4101-9D3A-300ECCE30F20 Planning Commission Resolution No. PC2024-006 Pacle 22 of 62 Balm PC: P nil MINA HO-4 Newport Center Area IIBGWS O,t.br N, 2D23 01-17-23 17-57 DocuSign Envelope ID: 624586F6-4D69-4101-9D3A-300ECCE30F20 Planning Commission Resolution No. PC2024-006 Paae 24 of 62 Section 20.48.130 (Mixed -Use Projects) of the NBMC would be amended as follows, currently shown in redline -strikeout format for ease of reference only: 20.48.130 Mixed -Use Projects. This section provides standards and criteria for the development of mixed -use projects. The primary intent of these standards and criteria is to balance the needs of nonresidential uses for access, visibility, parking, loading, safety, and economic development with the needs of residential uses for privacy, security, and relative quiet. A. Site Development Review Approval Required. Mixed -use projects shall require approval of a site development review in compliance with Section 20.52.080 (Site Development Reviews). B. Development Standards. In addition to the development standards provided in this section, development standards for mixed -use projects are provided in: Table 2-10 (Development Standards for MU-V; MU-MM; MU-DW; and MUCV/15th St.); 2. Table 2-11 (Development Standards for MU-W1 and MU-W2 Mixed -Use Zoning Districts); 3. Table 2-16 (Development Standards for Housing Opportunity Overlay Zones); and 4. Other sections in this Part 4 for specific uses that may be part of the proposed mixed -use project. C. Nonresidential Uses Required on Ground -Floor. All (i.e., one hundred (100) percent) of the ground floor street frontage of mixed -use structures shall be a minimum depth of twenty-five (25) feet and shall be occupied by retail and other compatible nonresidential uses except: 1. As specified otherwise by Table 2-10 or Table 2-11 in Part 2 of this title (Zoning Districts, Allowable Land Uses, and Zoning District Standards); or 2. For common/shared building entrances for residences on upper floors. D. Open Space Areas. Open space areas shall be provided in compliance with Table 2-10 or Table 2-11 in Part 2 of this title (Zoning Districts, Allowable Land Uses, and Zoning District Standards). 1. Private Open Space. The private open space areas required for residential dwelling units (e.g., balconies, decks, porches, etc.) shall be designed to limit intrusion by nonresidents. 2. Common Open Space. The common open space areas required for residential dwelling units shall be separated from nonresidential uses on the site and shall be sited and designed to limit intrusion by nonresidents and customers of nonresidential uses. However, the sharing of common open space may be allowed by the review authority when it is clear that the open space will provide direct benefit to project residents. Common open space uses may be provided on rooftops for use only by the project residents. 01-17-23 17-59 DocuSign Envelope ID: 624586F6-4D69-4101-9D3A-300ECCE30F20 Planning Commission Resolution No. PC2024-006 Paae 25 of 62 E. Sound Mitigation. An acoustical analysis report, prepared by an acoustical engineer, shall be submitted to the Director describing the acoustical design features of the structure that will satisfy the exterior and interior noise standards. Projects shall be attenuated in compliance with the report. Mixed - use projects shall comply with the noise standards in Chapter 10.26. F. Parking, Loading, and Access. 1. Type and Layout of Parking Facility. Parking facilities shall be physically separated for nonresidential uses and residential uses, except for residential guest parking. If enclosed parking is provided for an entire mixed -use complex, separate areas/levels shall be provided for nonresidential and residential uses with separate building entrances, whenever possible, subject to confirmation and approval by the review authority. 2. Loading Areas. Loading areas for nonresidential uses shall be located as faraway as possible from residential uses and shall be completely screened from view from the residential portion of the project and public rights -of -way. Loading areas shall be compatible in architectural design and details with the overall project. The location and design of loading areas shall mitigate nuisances from odors when residential uses might be impacted. 3. Site Access Driveways. Separate site access driveways shall be provided, whenever possible, for nonresidential and residential uses. Site access driveways shall incorporate distinctive architectural elements, landscape features, and signs to help differentiate access to nonresidential parking areas from access to residential parking areas. G. Buffering and Screening. Buffering and screening shall be provided in compliance with Section 20.30.020 (Buffering and Screening). Mixed -use projects shall locate loading areas, parking lots, driveways, trash enclosures, mechanical equipment, and other noise sources away from the residential portion of the development to the greatest extent feasible. H. Notification to Owners and Tenants. Project applicants shall prepare a written disclosure statement prior to sale, lease, or rental of a residential unit in a mixed -use project or located within a mixed -use zoning district. The disclosure statement shall indicate that the occupants will be living in an urban type of environment and that the noise, odor, and outdoor activity levels may be higher than a typical suburban residential area. The disclosure statement shall include a written description of the potential impacts to residents of both the existing environment and potential impacts based upon the allowed uses in the zoning district. Each and every buyer, lessee, or renter shall sign the statement acknowledging that they have received, read, and understand the disclosure statement. The project applicant shall covenant to include within all deeds, leases or contracts conveying any interest in a residential unit in a mixed -use project or located within a mixed -use zoning district (1) the disclosure and notification requirement stated herein; (2) an acknowledgment by all grantees or lessees that the property is located within an urban type of environment and that the noise, odor, and outdoor activity levels may be higher than a typical suburban residential area; and (3) acknowledgment that the covenant is binding for the benefit and in favor of the City of Newport Beach. I. Deed Notification. As a condition of project approval for a residential unit in a mixed -use project or in a mixed -use zoning district, applicants shall record a deed notification with the County Recorder's Office, the form and content of which shall be satisfactory to the City Attorney. The deed notification document shall state that the residential unit is located in a mixed -use project or in a mixed -use zoning district and that an owner may be subject to impacts, including inconvenience and discomfort, from 01-17-23 17-60 DocuSign Envelope ID: 624586F6-4D69-4101-9D3A-300ECCE30F20 Planning Commission Resolution No. PC2024-006 Paae 26 of 62 lawful activities occurring in the project or zoning district (e.g., noise, lighting, odors, high pedestrian activity levels, etc.). (Ord. 2010-21 § 1 (Exh. A)(part), 2010) 01-17-23 17-61 DocuSign Envelope ID: 624586F6-4D69-4101-9D3A-300ECCE30F20 Planning Commission Resolution No. PC2024-006 Paae 27 of 62 FW'Vm"-- M12 TITLE 20 (PLANNING AND ZONING) AMENDMENT MULTI -UNIT OBJECTIVE DESIGN STANDARDS Section 20.48.185 (Multi -Unit Objective Design Standards) would be added to Title 20 (Planning and Zoning) of the NBMC in its entirety, as follows with additional consideration given to formatting: 20.48.185 Multi -Unit Objective Design Standards A. Purpose. The purpose of the Objective Design Standards is to ensure the highest possible design quality and to provide a baseline standard for all new multi -unit development in Newport Beach. Multi -unit housing proposals must, at a minimum demonstrate compliance with all the standards contained herein. Proposals not consistent with any of these standards shall be required to seek approval through a discretionary site development review process as provided by Chapter 20.52.080 (Site Development Reviews). Applicants may request site development review to demonstrate that a project meets or exceeds the intent of the standards in this document by other means. The Objective Design Standards shall serve as the basis for evaluating proposed deviations; applicants using a discretionary review process shall refer to the Objective Design Standards to demonstrate how the proposal meets or exceeds the intent of the Newport Beach Development Code. B. Intent. The objective design standards are intended to result in quality design of multi- unit residential and mixed -use development. Review under these standards supports development that builds on context, contributes to the public realm, and provides high quality and resilient buildings and public spaces. These standards shall be applied uniformly and without discretion to enhance the built environment for both affordable and market -rate multi -unit residential development. C. Applicability. The standards shall be used for review of multi -unit development applications, including by -right and discretionary applications. The development standards in this subsection shall apply to residential and mixed -use development projects that include a residential density of a minimum of 20dwelling units per acre, which is calculated as an average over a project site. When an applicant elects to deviate from these objective development standards, approval of site development review by the Planning Commission shall be required in compliance with Chapter 20.52.080. The Planning Commission may waive any of the design and development standards in this section upon finding that: 1. The strict compliance with the standards is not necessary to achieve the purpose and intent of this section; and 2. The project possesses compensating design and development features that offset impacts associated with the modification or waiver of standards. D. General Standards 1. Multi -unit development orientation shall comply with the following standards: a. Residential developments with more than 8 buildings shall provide a minimum of two (2) distinct color schemes. A single -color scheme shall be dedicated to no less than 30 percent of all residential buildings. b. Residential developments with 30 or more buildings shall provide a minimum of three (3) distinct color schemes. The number of buildings in single style shall be no less than 30 percent. 01-17-23 17-62 DocuSign Envelope ID: 624586F6-4D69-4101-9D3A-300ECCE30F20 Planning Commission Resolution No. PC2024-006 Paae 28 of 62 c. Pedestrian linkages to nearby neighborhoods, schools, parks, commercial projects, and parking areas shall be provided. d. Visual interest shall be provided through architectural variety, especially where several new buildings face streets, such as by using different layouts and/ or architectural features. Abutting buildings shall have complimentary architectural styles. e. Except for garage entrances, structured parking shall not be visible from the primary streets or any public open space, unless treated in an architectural manner subject to the approval of the Director. f. Loading docks and service areas on a corner lot must be accessed from the side street. g. In order to accommodate a minimum of one vehicle entering the facility, controlled entrances to parking facilities (gates, doors, etc.) shall be located a minimum of 18 feet from the back of sidewalk. 2. Mixed -use buildings orientation shall comply with all the standards mentioned above and the following standards: a. Commercial/office unit entrances shall face the street, a parking area, or an interior common space. b. Entrances to residential units shall be physically separated from the entrance to the permitted commercial uses and clearly marked with a physical feature. firanhfe Buildings along streets and open space shall provide visual interest by using different form, color, and materials E. Orientation 1. Building entries shall face the primary public street with direct pedestrian connections to the public sidewalks, unless determined to be infeasible due to topographic constraints by the Director. Pedestrian connections to the public sidewalks shall also be provided to parking areas and publicly accessible open space. For larger sites with multiple buildings, building entries may also be oriented to face internal open spaces, paseos, and recreation amenities. 01-17-23 17-63 DocuSign Envelope ID: 624586F6-4D69-4101-9D3A-300ECCE30F20 Planning Commission Resolution No. PC2024-006 Paae 29 of 62 2. Parking areas, covered and uncovered, shall be screened from public street frontages. Screening may be accomplished through building placement, landscaping, fencing, or some combination thereof. 3. For multi -unit projects located across the street from a single -unit family zoning district, parking lot areas and carports shall not be located along the single -unit neighborhood street frontages. 4. Buildings shall be arranged to provide functional common outdoors spaces (such as courtyards, paseos, or parks) for the use of residents. t Public Stmi v a a .. I.. [' PONic Sheet graphic aeac Ceand.0,4ramtu!'s Building entries shall face a public street, internal open space, or paseo F. Parking Standards 1. Parking Lots. Parking shall comply with standards as specified in NBMC Section 20.40.070. 01-17-23 17-64 DocuSign Envelope ID: 624586F6-4D69-4101-9D3A-300ECCE30F20 Planning Commission Resolution No. PC2024-006 Paae 30 of 62 a. Parking lots shall be placed to the side or rear of buildings. Parking lots shall be connected to building entrances by means of internal pedestrian walkways. b. In surface parking lots with 10 or more spaces, a minimum of 14 square feet of landscape area shall be provided per parking space. Landscaping may be provided in parking lot planters and/or for perimeter screening. Parking lot 14,�da ardb hlnC ray the Eu IS., t x+ Park lllgroL 5000ea end acreereu my renccs, wa%,41nq lapd$caplrg Parking lots shall be shielded from view from adjoining streets 2. Residential Garages a. Street -facing garage doors serving individual units that are attached to the structure must incorporate one or more of the following so that the garage doors are visually recessive and complementary to other building element: i. Garage door windows or architectural detailing consistent with the main dwelling. ii. Arbor or other similar projecting feature above the garage doors. 3. Parking Structures and Loading Bays a. Parked vehicles at each level within the structure shall be shielded from view from adjoining streets. b. The exterior elevations of parking structures shall be designed to minimize the use of blank concrete facades. This shall be accomplished through the use of decorative textured concrete, planters or trellises, or other architectural treatments. 01-17-23 17-65 DocuSign Envelope ID: 624586F6-4D69-4101-9D3A-300ECCE30F20 Planning Commission Resolution No. PC2024-006 Paae 31 of 62 Parking structures shall be shielded from view from adjoining streets G. Common Open Space 1. The required front yard area shall not be counted toward satisfying the common recreation area requirement. 2. Residential unit entries shall be within a 1/4 mile walking distance of common open space. 3. Pedestrian walkways shall connect the common open space to a public right-of-way or building entrance. 4. Open space areas shall not be located directly next to arterial streets, service areas, or adjacent commercial development to ensure they are sheltered from the noise and traffic of adjacent streets or other incompatible uses. Alternatively, a minimum of ten (10) foot wide, dense landscaping area shall be provided as screening, but does not count towards the open space requirement. 5. An area of usable common open space shall not exceed an average grade of ten (10) percent. The area may include landscaping, walks, recreational facilities, and small decorative objects such as artwork and fountains. 6. All common open spaces shall include seatings and lighting. 01-17-23 17-66 DocuSign Envelope ID: 624586F6-4D69-4101-9D3A-300ECCE30F20 Planning Commission Resolution No. PC2024-006 Paae 32 of 62 H. Recreation Amenities 1. All play areas shall be located away from high automobile traffic and shall be situated for maximum visibility from the dwelling units. 2. Senior housing and/or housing for persons with disabilities shall be exempt from the requirement to provide play areas, but shall provide areas of congregation that encourage physical activity. 3. One common recreational amenity shall be provided for each 50 units or fraction thereof. Facilities that serve more people could be counted as two amenities. Examples of amenities that satisfy the recreational requirements include: a. Clubhouse at a minimum of 750 square feet. b. Swimming Pool at a minimum of 15x30 feet or equal surface area. c. Tennis, Basketball or Racquetball court. d. Children's playground at a minimum of 600 square feet. e. Sauna or Jacuzzi. f. Day Care Facility. g. Community garden. 01-17-23 17-67 DocuSign Envelope ID: 624586F6-4D69-4101-9D3A-300ECCE30F20 Planning Commission Resolution No. PC2024-006 Paae 33 of 62 h. Other recreational amenities deemed adequate by the Director. I. Landscaping. All landscaping shall comply with all standards as specified in Chapter 20.36. 1. A minimum of 8 percent of the total site shall be landscaped. Required setbacks and parking lot landscaping may be counted toward this requirement. 2. Landscaping materials shall comply with the following: a. Ground cover instead of grass/turf; and/or 01-17-23 17-68 DocuSign Envelope ID: 624586F6-4D69-4101-9D3A-300ECCE30F20 Planning Commission Resolution No. PC2024-006 Paae 34 of 62 b. Decorative nonliving landscaping materials including, but not limited to, sand, stone, gravel, wood or water may be used to satisfy a maximum of 25 percent of the required landscaping area. c. Turf areas shall be placed in areas for recreational use only and must have a 10 foot minimum dimension. 3. Landscaping and irrigation shall follow local and regional requirements and guidance for approved plant lists to meet the needs of local conditions, where available. For plants and planting materials addressing water retention areas, recommended resources include the Low Impact Development Manual for Southern California prepared by the Southern California Stormwater Monitoring Coalition, State of California Model Water Efficient Landscape Ordinance (MWELO) or Newport Beach Municipal Code Chapter 14.17 (Water -Efficient Landscaping). F J. Frontage Types and Standards. Frontage is the side of a building facing a public street right-of-way. 1. Storefronts for ground floor commercial in mixed -use projects. A frontage that reinforces the commercial character and use of the ground floor of the building. The elevation of the ground floor is located at or near the grade of sidewalk to provide direct public access into the building. a. The ground floor elevation shall be located at the elevation of the sidewalk to minimize the need for external steps and ramps at public entrances. b. Entrance shall be emphasized and clearly recognizable from the street. One or more of the following methods shall be used to achieve this result: i. Projecting non -fabric awnings or canopies above an entry (covered entry); ii. Varied building mass above an entry, such as a tower that protrudes from the rest of the building surface; iii. Special corner building entryway treatments, such as a rounded or angled facets on the corner, or an embedded corner tower, above the entry; iv. Special architectural elements, such as columns, porticoes, overhanging roofs, and ornamental light fixtures; v. Projecting or recessed entries or bays in the facade; 01-17-23 17-69 DocuSign Envelope ID: 624586F6-4D69-4101-9D3A-300ECCE30F20 Planning Commission Resolution No. PC2024-006 Paae 35 of 62 vi. Recessed entries must feature design elements that call attention to the entrance such as ridged canopies, contrasting materials, crown molding, decorative trim, or a 45- degree cut away entry; or vii. Changes in roofline or articulation in the surface of the subject wall. c. Windows and/or glass doors shall cover not less than 50 percent of the first floor elevation along street frontages. d. At least25 percent of the surface area of each upper floor facade shall be occupied by windows. e. Development with retail, commercial, community or public uses on the ground floor shall have a clear floor to floor height of at least 15 feet. Floor -to -floor height may be reduced on sloping sites. f. The minimum height for awnings or marquees is 8 feet above finished grade and the maximum height for awnings or marquees is 12 feet above finished grade; except as otherwise required in the Building Code approved by the City. Ground Floor Commercial Residential Flats Reta iKom 15 feet (min.) 01-17-23 17-70 DocuSign Envelope ID: 624586F6-4D69-4101-9D3A-300ECCE30F20 Planning Commission Resolution No. PC2024-006 Paae 36 of 62 01-17-23 17-71 DocuSign Envelope ID: 624586F6-4D69-4101-9D3A-300ECCE30F20 Planning Commission Resolution No. PC2024-006 Paae 37 of 62 Math 2. Live-work/office fronts. A frontage that reinforces both residential and work activities that can occur in the building. The elevation of the ground floor is located at or near the grade of sidewalk to provide direct public access to the building. a. The ground floor elevation shall be located near the elevation of the sidewalk to minimize the need for external steps and ramps at public entrances. b. All ground floor tenant spaces that have street frontage shall have entrances on a facade fronting a street. All other ground floor uses may have a common lobby entrance along the front facade or private entrances along other facades. c. Entrances to upper floor units may be provided through a common lobby entrance and/or by a common entrance along a facade fronting a street. d. At least 40 percent of the surface area of the ground floor facade shall be occupied by display windows or translucent panels. e. At least 25 percent of the surface area of each upper floor facade shall be occupied by windows. f. The ground floor shall have a clear floor -to -ceiling height of at least 12 feet. g. The minimum height for awnings or marquees is 8 feet above finished grade and the maximum height for awnings or marquees is 12 feet above finished grade; except as otherwise required in the Building Code approved by the City. h. If the front facade is set back from the public sidewalk, the setback shall be landscaped and/or improved as an extension of the public sidewalk. 01-17-23 17-72 DocuSign Envelope ID: 624586F6-4D69-4101-9D3A-300ECCE30F20 Planning Commission Resolution No. PC2024-006 Paae 38 of 62 Ground Floor Live - Work I Office Grounc commc live f w, 12 feet (min.) 01-17-23 17-73 DocuSign Envelope ID: 624586F6-4D69-4101-9D3A-300ECCE30F20 Planning Commission Resolution No. PC2024-006 Paae 39 of 62 3. Residential fronts. A frontage that reinforces the residential character and use of the buildings. The elevation of the ground floor is typically elevated above the grade of the lot to provide privacy for residences by preventing direct views into the home from the sidewalk. Applicable to buildings with no commercial use on the ground floor. a. Residential frontages reinforce the residential character and use of the building. The ground floor may be elevated a maximum of 36 inches above the grade of the nearest adjacent public or private sidewalk to provide privacy for residences by preventing direct views into the home. i. Garages facing a public street shall not exceed 40 percent of the length of the building facade. ii. Entrances to ground floor units that have street frontage may be provided through a common lobby entrance and/or by private entrances from the adjacent sidewalk. iii. Entrances to upper floor units may be provided through a common lobby entrance and/or by a common entrance along a facade fronting a street. iv. At least 20 percent of the surface area of the ground and upper floor facade shall be occupied by windows. v. If the front facade is set back from the public sidewalk, the setback shall be landscaped (excluding stoops/front porches and paved paths to building entrances). 01-17-23 17-74 I MEMO- r Photo cf-edit: Li added Aramb.Liaz - wa � t • . � F +. 0 • dt X { k Photo DocuSign Envelope ID: 624586F6-4D69-4101-9D3A-300ECCE30F20 Planning Commission Resolution No. PC2024-006 Paae 41 of 62 Ground Floor Residential G re n 31 Si P It K. Walls and Fences 10 feet (min_) Graphic credit Crandall Ararnbula 1. Community perimeter or theme walls shall be solid decorative block walls. 2. Wall materials shall be brick, slump stone, tile, textured concrete, stucco on masonry, steel framing, or other material walls which require little or no maintenance. Plain concrete block walls (i.e. precision block) nor chain link fencing with inserts shall not be used as wall materials. 3. The style of the wall shall be the same or similar to the architectural style of the project. 4. All exterior perimeter walls located along public streets shall have an offset of a minimum of 5 feet deep for every 50 linear feet to 75 linear feet of the wall length, or be screened by a minimum of 2 feet of landscaping depth. 5. Retaining walls within a street facing setback and visible from the public sidewalk shall not exceed 4 feet in height and shall provide a minimum of 18 inches deep landscape in front of the wall. 01-17-23 17-76 k Photo credit Crawl a I. rk �' i li WE 'w 1 Photo L it: Cnmdall,FaniWa 1 f DocuSign Envelope ID: 624586F6-4D69-4101-9D3A-300ECCE30F20 Planning Commission Resolution No. PC2024-006 Paae 43 of 62 L. Utilities 1. All utility equipment shall be located out of the pedestrian path of travel. All utility equipment shall be purposefully and aesthetically placed adjacent to alleyways, within parking areas, rear or side yards, or within building "notch outs" and screened from public view. 2. If the mechanical equipment cannot be placed in rear or side yards, it shall be either placed on the ground and screened with landscape, or placed on the roof and screened with architectural materials such as roof or parapet consistent with the overall architectural style. 3. Al electrical utility equipment, electrical meters, and junction boxes shall be placed within a utility room. If a utility room is not feasible, then all utility equipment shall be purposefully designed as an integral part of the building development, placed adjacent to alleyways, within parking areas, or within rear or side yards, and screened from public view. M. Private Street Standards. The intent of Private Street realm standards is to foster a low speed, multi - modal internal site circulation network. Streets shall provide a limited amount of curbside parking for visitors, loading, service, and accessible ADA spaces. The streets shall be designed as an amenity for the site, including surface treatments and landscaping similar in character and quality to any paseos or common open space. 1. Private Street Right -of -Way. All new multi -unit development sites that provide private streets shall comply with a minimum width right-of-way standard. a. When on -street parallel parking is not provided, the right-of-way width shall be 41 feet in width. b. When on -street parallel parking is provided, the right-of-way width shall be 50 feet in width. 2. Private Street Zones. Three zones as described below comprise the right-of-way. Variations in width reflect the presence or absence of on -street parking: a. Street Zone (SZ). Streets shall be 26-35 feet in width from curb -to -curb designed to provide motor vehicle and bicycle access. All Police and Fire emergency and maintenance vehicle access standards shall be met. Parallel curbside parking shall be permitted within roadways. Angled or head -in parking shall be prohibited. 01-17-23 17-78 DocuSign Envelope ID: 624586F6-4D69-4101-9D3A-300ECCE30F20 Planning Commission Resolution No. PC2024-006 Paae 44 of 62 b. Sidewalk Zone (SWZ). A minimum of one SWZ, 5-feet-wide, shall be provided.. When on - street parking is provided, the SWZ shall be on the side of street with parking. Shrubs, ground cover, and street trees are prohibited in the zone. c. Landscaping and Paving Zone (LPZ). There shall be a minimum 5-foot Landscaping and Paving Zone. The zone is intended to provide a transition between the street and private residences. Landscaping shall comprise a minimum of 20 percent of the total building frontage(s) area. Landscape planting beds shall have a minimum width of 3 feet. Paving stone, brick or concrete unit pavers or poured in place concrete with integral color pigments is permitted in the Zone. Steps are permitted to above grade first floor entrances. Parking Not Provided Right-of-way (When on -street parking not provided) Graphic credit- Crandall Arambul�: Parking Provided (When on -street parking is provided) 01-17-23 17-79 DocuSign Envelope ID: 624586F6-4D69-4101-9D3A-300ECCE30F20 Planning Commission Resolution No. PC2024-006 Paae 45 of 62 N. Private Driveway Standards. The intent of Driveway standards is to provide motor vehicle access to private garages and service areas, pedestrian access between residential garages and doors, and private or public street network. 1. Private Driveway Right -of -Way. All private driveways shall comply with a 26-foot minimum width fire apparatus access standard. No dead-end driveway shall exceed 150 feet in length. 2. Driveway Zones. Two zones described below comprise the driveway: a. Driveway Zone (DZ). Paving shall be asphalt, stone, brick or concrete unit pavers or poured in place concrete with integral color pigment. Stamped concrete shall be prohibited. b. Landscape and Paving Zone (LPZ). A 4-foot minimum width zone shall be provided. The Zone shall be landscaped a minimum of 20 percent of the total site abutting a building. A combination of vines, ornamental, grasses, shrubs, ground cover, and ornamental trees shall be provided. Landscaping in pots is permitted. 01-17-23 17-80 DocuSign Envelope ID: 624586F6-4D69-4101-9D3A-300ECCE30F20 Minimum Buil Bac Planning Commission Resolution No. PC2024-006 Paae 46 of 62 rb or rolled Graphic credit: Crandall Arambula I I 7 O. Publicly Accessible Open Space (PADS) Standards. PAOS is intended to serve as an amenity for multi -unit tenant and surrounding neighborhood residents, employees and visitors. The PAOS shall be configured as passive paseo or promenade mobility corridors that provide walking and biking connections through or along the development site, or more active courtyard gathering spaces that can be the focus for adjacent ground floor uses, especially where ground floor commercial is 01-17-23 17-81 DocuSign Envelope ID: 624586F6-4D69-4101-9D3A-300ECCE30F20 Planning Commission Resolution No. PC2024-006 Paae 47 of 62 provided. The PAOS shall be contiguous, universally accessible, and shall be connected directly to adjacent public realm. Development sites that meet all requirements for providing PADS, shall include one of the options as specified. II71 OPTIONS t Promenades Courtyards Paseos 1 1r ph,,,dc C fl do -1Ab,,h Q Multi -use path or sidewalk Development Parcel It net acre minimum) Q PAOS (minimum 3 percent of site) Courtyard PADS 1. Required PAOS. Development sites with a combined street frontage 200 feet or greater in width and a total development site area of 1 acre or greater shall provide a minimum of 3 percent PAOS of the net site area. All PAOS shall be in addition to all residential zoning common open space. 2. Site Area Calculations. The net site area shall be the total site area minus the following: a. Public Easements. Total area measured between the right-of-way line to the build -to - line. b. Utility Easements. The total area required easements for public utilities through the site. 3. PAOS Design Standards. a. Minimum PAOS width. No paseo, promenade, or courtyard right-of-way shall be no narrower than 20 feet in width. If incorporated in a development plan, paseos or promenades shall include an 8-foot minimum width path; all courtyards shall include a minimum 6-foot minimum width path. b. Access. All PAOS multi -use path access -ways shall be dedicated as a public easement subject to restrictions on hours of use. 01-17-23 17-82 DocuSign Envelope ID: 624586F6-4D69-4101-9D3A-300ECCE30F20 Planning Commission Resolution No. PC2024-006 Paae 48 of 62 - - - - . ■ T jr "r' r Paseo Publicly Accessible Open Space Promenade Publicly Accessible Open Space P. Facade Modulation Standards. The intent of the standards is to modulate the building's massing and volume— the external dimensions comprising of height, length, width, and depth in a manner that results in buildings that are in proportion to development site context and provides opportunities for applied facade plane and surface architectural visual interest. All multi -unit dwellings, or multi -unit components of mixed -use buildings shall be modulated both vertically and horizontally. Modulation standards are provided for density ranges that correlate with multi -unit building typologies. Townhome buildings shall adhere to standards for buildings up to 30 dwelling units per acre and apartment buildings shall follow standards for buildings with greater than 30 dwelling units per acre. Applicants shall select a set of standards based upon the density of the building. Where development sites are of sufficient size to accommodate multiple building typologies with varying densities, the following Design Standards shall apply to each typology separately. Density allocations may be transferred within a contiguous property. Q. Vertical Modulation The intent of the standards is to minimize the perceived height of a building by visually organizing the facade in a manner that reflects the function of the underlying building floor(s) through the use of varied yet uniform application of height, form, material, and color articulation. 1. Components. All buildings shall be organized into an identifiable base, middle, and top to differentiate the first floor and upper function of the building. This tripartite articulation provides opportunities to create varied application of materials, color, and fenestration. Modern or contemporary building architecture may be approved at the discretion of the Director. a. Base. For multi -story buildings, the first floor primary facade shall constitute the building's base. b. Middle. The primary facade of floor(s) above the base and below the top shall constitute the middle. 01-17-23 17-83 DocuSign Envelope ID: 624586F6-4D69-4101-9D3A-300ECCE30F20 Planning Commission Resolution No. PC2024-006 Paae 49 of 62 c. Top. The primary facade of the uppermost floor(s) to the parapet or ridge line of a building and any facade of a floor(s) that steps back shall constitute the building's top. Buildings shall be vertically modulated with a base, middle, and top Buildings shall be horizontally modulated with recesses or projections 2. Vertical Modulation Changes in Facade Material and/or Color a. Banding. Use of functional and/or decorative horizontal facade belt course, trim, or other projections or recesses at floor lines between the base, middle, and top. The projection or recess shall have a minimum height of 12 inches and a depth of 4 inches. b. Floor Heights. Change in floor -to -floor facade heights at the second floor or above. No middle or top floor -to -floor height shall be less than 10 feet. c. Fenestration. Changes in building window and door widths, heights, depths, materials, and colors. Changes in trim and inclusion or absence of shutters, mullions, muntins, transoms or other window components. d. Cladding Material. Buildings may express vertical modulation by providing a change of cladding materials to denote base, middle and top. Buildings using cladding material to provide vertical modulation are not required to provide banding. For buildings one hundred feet in height, a curtain wall system may be used above the building base. 3. Additional Vertical Modulation Standards 01-17-23 17-84 DocuSign Envelope ID: 624586F6-4D69-4101-9D3A-300ECCE30F20 Planning Commission Resolution No. PC2024-006 Paae 50 of 62 a. First Floor Height. The minimum fist finished floor to second finished floor plate elevation shall be: i. 10 feet —for buildings with density of less than 30 dwelling units per acre. ii. 12 feet —for buildings with density greater than 30 dwelling units per acre, developed as residential only. iii. 15 feet — for buildings with a density greater than 30 dwelling units per acre with commercial uses on the ground floor. b. Vertical Variation. Base, middle and top facade divisions shall be consistent with the underlying floor plate heights. i. Density of less than 30 dwellings per acre — combining, omitting, increasing or decreasing the base or middle facade division height along building frontages shall be prohibited. ii. Density of greater than 30 dwellings per acre— increasing the base and decreasing the middle facade division height shall be permitted for any building facade greater than 60 feet in length. Stepping of plate heights shall be limited to no more than 1/3 of any total facade frontage length. Changes in fagade materials & colors Changes in fenestration Banding at floor lines 10' minimum first floor height Graphic credit. Crandall Arambula Less than 30 Dwelling unit per acre minimum base density buildings (townhome) 01-17-23 17-85 DocuSign Envelope ID: 624586F6-4D69-4101-9D3A-300ECCE30F20 R Edge or parapet line Top _ Middle Planning Commission Resolution No. PC2024-006 Paae 51 of 62 "3 maximum Primary fagade materials & colors Top cladding material 8 color Middie cladding material & color i Base cladding Base i ` material & color Change in door Changem Permitted vertical to floor height fenestration variation in base height Graphic cmdit Crandall A ambul. 30+ Dwelling unit per acre minimum base density buildings (apartment) R. Horizontal Modulation The intent of the standards is to shorten the perceived length and mass of a building by providing facade recesses and projections that break up the horizontal thrust of a building. The modulation provides opportunities to accentuate and draw visual attention to key building features such as stairwells, elevators, lobbies, and entries, and create usable open spaces such as courtyards. Horizontal modulation is intended to be complemented and strengthened by accompanying application of different facade materials, color, and fenestration; and layering of additional recessed and projected architectural elements such as bays, balconies, and patios. 1. Building Standards for Developments with Density of less than 30 dwelling per acre a. Maximum building length. No building shall be greater than 150 feet in length. b. Required minimum modulation area. A minimum of 10 percent of the total facade area shall be horizontally modulated. c. Minimum depth. All recesses or projections shall be a minimum of 2-feet in depth. d. Maximum number. No facade shall have no more than 2 total recesses or projections per facade. 2. Building Standards for Development with Density of 30 dwellings per acre or greater. a. Maximum facade length. Buildings in excess of 200 feet shall have a horizontal massing break of no less than 20 feet with a depth of 15 feet for every 200 feet of additional overall length. b. Required minimum modulation area. A minimum of 10 percent of the total facade area shall be horizontally modulated. c. Minimum depth. All recesses or projections shall be a minimum of 4 feet in depth. d. Minimum width. All recesses or projections shall be a minimum of 20 feet in width. e. Maximum number. No facade shall have no more than 4 total recesses or projections per facade. 01-17-23 17-86 DocuSign Envelope ID: 624586F6-4D69-4101-9D3A-300ECCE30F20 Planning Commission Resolution No. PC2024-006 Paae 52 of 62 2 maximum recesses or projections ------------- Minimum width 10 percent Minimum none' minimum depth — « 2' facade area Excludes balconies, patios, terraces, and bay windows forms Total recessed or projected facade area Primaryfacade Graphic credit Crandall AramhWa Less than 30 Dwelling unit per acre minimum base density buildings Excludes balconies, 10 percent minimum , Minimum depth patios, bays or total facade area oriel forms 4' Exclude top flo, stepbac - j 20 foot minimum , - Wkkh Street -J Total recessed or projected facade area Primary facade Graphic credit Crandall Arambula 30+ Dwelling unit per acre minimum base density buildings S. First Floor Opening and Transparency Standards The standards are intended to foster passive `eyes on the street' surveillance of the public realm by providing an adequate number of clear and direct sightlines between first floor residences and 01-17-23 17-87 DocuSign Envelope ID: 624586F6-4D69-4101-9D3A-300ECCE30F20 Planning Commission Resolution No. PC2024-006 Paae 53 of 62 adjacent public realm sidewalks and common areas without compromising residential livability, privacy, and security. For multi -unit buildings with commercial first floor uses, the standards are intended to provide a greater amount of visibility of merchant goods and services for potential walking, rolling, or driving -by clients or customers. For all buildings, the standards apply only to portions of the first floor that contain residential or commercial conditioned/occupied floor areas fronting streets and open common open space. 1. Building Standards for Developments with Density of less than 30 dwellings per acre. a. Minimum Opening Standard. For any at -grade or above -grade residential first floor unit fronting a street or paseo, the building frontages shall be comprised of a minimum 20 percent transparent glazed door and window openings. 2. Building Standards for Developments with Density of 30 dwellings per acre or greater a. Minimum Opening Standard. First floor multi -unit building frontages shall be comprised of transparent glazed door and window openings based public realm frontage adjacency and first floor use as follows: i. 25 percent - for any at -grade or above -grade residential first floor unit fronting a street or paseo. ii. 50 percent - for any mixed use multi -unit building with a first floor commercial use fronting a street, courtyard or paseo and would pertain to commercial spaces only. 00- 50 percent minimum openings 10 feetabove finished floor First floor calculation area Finished flood First floor facade First floor openings Graph. credit Crandall Ar hda Less than 30 Dwelling unit per acre minimum base density buildings - illl '� '� I111 ii ii IUI " I111 n'i YY - -- n '#■ _ ## a __ ii ■■ ii I�IIII YI aY Y■ \# -- YY Yr - YY IIII # IIII •' III •• •• I�IIII ii ii ��II ## �• l�II ■■ III ii ii Street Grraphhic credit. Crandall Aaabula First #lour facade First floor openings Excluded non -occupied uses 30+ Dwelling unit per acre minimum base density buildings 01-17-23 17-88 DocuSign Envelope ID: 624586F6-4D69-4101-9D3A-300ECCE30F20 Planning Commission Resolution No. PC2024-006 Paae 54 of 62 T. First floor Entry Standards The intent of the standard is to locate building individual unit and lobby entries along street frontages to foster pedestrian neighborhood access and street -oriented activity. Unobstructed sight lines and pedestrian access from the public sidewalk shall be provided. The standards do not apply to service and loading entrances. 1. Individual Residential Unit Entrances a. Residential Front Door Standards. At -grade or above -grade first floor individual residential units' entrances shall be accessed directly adjacent public realm or common area unless determined not feasible by the Director or due to site topographic considerations. i. Minimum entry to sidewalk width — walkway, ramp, and stairs connecting to the public sidewalk shall be a minimum of 5 feet in width. ii. Entry stoop, terrace and patio area —if proposed, entry terraces and patio areas shall be a minimum of 40 square feet. If proposed, entry stoops shall be a minimum of 20 square feet excluding any required stairs or ramp area. 2. Lobby Entrances a. Standards. Lobby entrances shall be located at -grade, unless determined not feasible by the Director. Residential and commercial lobby entrances shall be accessed directly from the adjacent public realm or PADS. i. No lobby door setback is required . ii. Minimum entry sidewalk width — where entries are setback, walkway width connecting to the sidewalk zone shall be a minimum of 6 feet. iii. Entry landing area — shall be a minimum of 60 square feet. iv. Prohibited — lobby entrance primary entries are prohibited from driveways, at - grade parking lots, parking structures, or alleys unless required due to topographic conditions. 01-17-23 17-89 DocuSign Envelope ID: 624586F6-4D69-4101-9D3A-300ECCE30F20 Planning Commission Resolution No. PC2024-006 Paae 55 of 62 Primary Primary Minimum entry 200-square-Soot minimum entrance facade setback entry stoop or terrace i — — — — — gdAo- — � _ 6irect access to public realm �, to Graphk—dRC—d.1 Ara MR Primary facade Stoop, terrace or patio Primary entrance Individual residential unit front door standards Lobby entrances shall be accessed directly from the street 01-17-23 17-90 DocuSign Envelope ID: 624586F6-4D69-4101-9D3A-300ECCE30F20 Planning Commission Resolution No. PC2024-006 Paae 56 of 62 EXHIBIT "E" LOCAL COASTAL PROGRAM AMENDMENT The Coastal Land Use Plan (CLUP) of the City's Certified Local Coastal Program would be revised as follows, subject to California Coastal Commission review and approval: Current Policy Policy 2.1.2-1 Development in each district and corridor shall adhere to policies for land use type and density/intensity contained in Table 2.1.1-1, except as modified in Sections 2.1.3 to 2.1.8. Policy 2.1.10-1 Land uses and new development in the coastal zone shall be consistent with the Coastal Land Use Plan Map and all applicable LCP policies and regulations. N/A Revised Policy Policy 2.1.2-1 (revised) Development in each district and corridor shall adhere to policies for land use type and density/intensity contained in Table 2.1.1-1, except as modified in Sections 2.1.3 to 2.1.8, and 2.1.11. Policy 2.1.10-1 (revised) Land uses and new development in the coastal zone shall be consistent with the Coastal Land Use Plan Map and all applicable LCP policies and regulations, except as modified by all Policies in the 2.1.11 series. Policy 2.1.11-1 (new) Accommodate housing opportunities through the adoption of housing opportunity overlay coastal zoning districts or other land use regulatory policy. The following areas are intended to be consistent with the Housing Element's focus areas. Properties within each overlay coastal zoning district should include, but are not limited to, sites identified in the Housing Element; however, not all sites must be included, and other sites may be identified in the future through rezoning unless precluded by state law. The City will reserve 25% of allocated dwelling units within the Coastal Zone until such a time as the City's Local Coastal Program has been amended to allow for housing consistent with the implementation of the 6th Cycle Housing Element. Following the City's Local Coastal Program Amendment, priority for the reserved units will be given to sites located within the Coastal Zone. The goal is to ensure an adequate number of sites Citywide to accommodate the City's allocation of the Regional Housing Needs Assessment: Airport Environs: the intent is to support a density between 20 and 50 dwelling units per gross acre to accommodate up to 2,577 total dwelling units within the entire area, inclusive of those properties in the Coastal Zone. West Newport Mesa: the intent is to support a density between 20 and 50 dwelling units per gross acre to accommodate up to 1,107 total dwelling units within the entire area, inclusive of those properties in the Coastal Zone. Newport Center: the intent is to support a density between 20 and 50 dwelling units per gross acre to accommodate up to 2,439 total dwelling units within the entire area, inclusive of those properties in the Coastal Zone. 01-17-23 17-91 DocuSign Envelope ID: 624586F6-4D69-4101-9D3A-300ECCE30F20 Planning Commission Resolution No. PC2024-006 Paae 57 of 62 Current Policy Revised Policy ■ Dover / Westcliff: the intent is to support a density between 20 and 50 dwelling units per gross acre to accommodate up to 521 total dwelling units within the entire area, inclusive of those properties in the Coastal Zone. N/A Policy 2.1.11-2 (new) Residential use of any property included within an established housing opportunity overlay coastal zoning district is allowed regardless of and in addition to the underlying land use category or density limit established herein. An amendment to the Coastal Land Use Plan is not required to develop a residential use within an established housing opportunity zoning overlay coastal zoning district. The maximum density specified for the various overlay coastal zoning districts specified in Policy 2.1.11-1 is an average over the entire property or project site. For example, a portion of a development site may be developed at a higher density than specified by Policy 2.1.11-1 provided other portions of the site are developed at lower densities such that the average does not exceed the maximum. Density calculations and total units do not include units identified as pipeline units or units permitted pursuant to State density bonus law. N/A Policy 2.1.11-3 (new) Residential opportunities are in addition to existing uses allowed by the Coastal Land Use Plan. Properties within the established overlay coastal zones are not required to be developed for mixed -use or residential. Existing uses may continue to operate provided they are legally established and consistent with policies and regulations related to legal nonconforming uses. The adoption of housing opportunity overlay coastal zoning districts shall not affect existing rights to use the property. N/A Policy 2.1.11-4 (new) If residential or mixed -use projects pursuant to a housing opportunity overlay coastal zoning district are developed, projects shall be consistent with applicable overlay coastal zoning district or Implementation Plan requirements unless modified consistent with an established procedure to grant relief from standards (e.g., Coastal Modification or Variance, or the application of Density Bonus regulations). 01-17-23 17-92 DocuSign Envelope ID: 624586F6-4D69-4101-9D3A-300ECCE30F20 Planning Commission Resolution No. PC2024-006 Paae 58 of 62 Chapter 21.28 (Overlay Coastal Zoning Districts [MHP, PM, B, C, And H]) of Title 21 (Local Coastal Program Implementation Plan) of the NBMC would be amended as follows, currently shown in redline -strikeout format for ease of reference only, and subject to California Coastal Commission review and approval: Chapter 21.28 OVERLAY COASTAL ZONING DISTRICTS (MHP, PM, B, C, ANDH, AND HO) Sections: 21.28.010 Purposes of Overlay Coastal Zoning Districts. 21.28.020 Mobile Home Park (MHP) Overlay Coastal Zoning District. 21.28.030 Parking Management (PM) Overlay District. 21.28.040 Bluff (B) Overlay District. 21.28.050 Canyon (C) Overlay District. 21.28.060 Height (H) Overlay District. 21.28.070 Housing Opportunity (HO) Overlay Coastal Zoning Districts. 21.28.010 Purposes of Overlay Coastal Zoning Districts. The purposes of the individual overlay coastal zoning districts and the manner in which they are applied are outlined below. An overlay district may be initiated as a Coastal Zoning Map amendment in compliance with Chapter 21.14 (Coastal Maps). All development shall comply with the applicable development standards (e.g., setbacks, height) of the underlying coastal zoning district in addition to the standards provided in this chapter, if any. In situations where an inconsistency occurs between the development standards of the underlying coastal zoning district and the standards in this chapter, the standards of the overlay district shall prevail. A. MHP (Mobile Home Park) Overlay Coastal Zoning District. The MHP Overlay Coastal Zoning District is intended to establish a mobile home district on parcels of land developed with mobile home parks. The regulations of this district are designed to maintain and protect mobile home parks in a stable environment with a desirable residential character. B. PM (Parking Management) Overlay Zoning District. The PM Overlay Zoning District is intended to provide for areas where parking management plans are appropriate to ensure adequate parking. C. B (Bluff) Overlay Coastal Zoning District. The B Overlay District is intended to establish special development standards for areas of the City where projects are proposed on identified bluff areas. The specific areas are identified in Part 8 of this Implementation Plan (Maps). D. C (Canyon) Overlay Coastal Zoning District. The C Overlay District is intended to establish development setbacks based on the predominant line of existing development for areas that contain a segment of the canyon edge of Buck Gully or Morning Canyon. The specific areas are identified in Part 8 of this Implementation Plan (Maps). E. H (Height) Overlay District. The H Overlay District is intended to establish standards for review of increased building height in conjunction with the provision of enhanced project design features and amenities. (Ord. 2021-26 § 4, 2021; Ord. 2016-19 § 9 (Exh. A)(part), 2016) 01-17-23 17-93 DocuSign Envelope ID: 624586F6-4D69-4101-9D3A-300ECCE30F20 Planning Commission Resolution No. PC2024-006 Paae 59 of 62 F. HO (Housing Opportunity) Overlay Coastal Zoning Districts. The HO Overlay Coastal Zoning Districts are intended to accommodate housing opportunities consistent with the Housing Element's focus areas and to ensure the City can meet its allocation of the Regional Housing Needs Assessment (RHNA). The specific areas are identified in Part 8 of this title (Maps). 21.28.060 Housing OpportunitV (HO) OverlaV Coastal Zoning Districts. A. Applicability. This section applies to properties located in one of the Housing Opportunity (HO) Overlay Coastal Zoning Districts, as identified in Part 8 of this title. This includes the following subareas: 1. HO-1 - Airport Area Environs Area — The Airport Area Environs Area is located north of the Upper Newport Bay Nature Reserve, primarily around the John Wayne Airport. 2. HO-2 - West Newport Mesa Area — The West Newport Mesa Area is located near the southwest corner of the City and primarily consists of industrial properties along 16t" Street, Production Place, and 15t" Street. 3. HO-3 - Dover-Westcliff Area —The Dover-Westcliff Area includes property on both sides of West Coast Highway and the west of Dover Drive. Properties in the Lido Village area are included. 4. HO-4 - Newport Center Area — The Newport Center Area is generally bounded by San Joaquin Hills Road, MacArthur Blvd, Coast Highway, and Jamboree Road. The above listed are general descriptions of each subarea and additional properties may be included with the subarea. To be eligible for the provisions of this chapter, the property must be listed on the HO area map as an "Opportunity Site". B. Uses Allowed. The following uses shall be permitted in the Housing Opportunity (HO) Overlay Coastal Zoning Districts: 1. Any use that is permitted or conditionally permitted in the base zone; 2. Multiple -unit development that meets the density requirements set forth in this section; 3. Mixed -use development that includes a residential component which complies with the minimum density set forth in this section; and 4. Residential supporting uses such as leasing/sales/property management offices, fitness facilities. recreation facilities. etc. C. Subarea Development Standards. 1. Development Standards. The following development standards shall apply to any residential or mixed -use project permitted pursuant to this section. Unless otherwise modified by this section, all applicable development standards, including any adopted objective design standards, shall apply. 01-17-23 17-94 DocuSign Envelope ID: 624586F6-4D69-4101-9D3A-300ECCE30F20 Planning Commission Resolution No. PC2024-006 Paae 60 of 62 TABLE 21.28-1 DEVELOPMENT STANDARDS FOR HOUSING OPPORTUNITY OVERLAY ZONES Housing Opportunity Subareas Development Feature HO-1 HO-2 1 HO-3 HO-4 Lot Size/Dimension Per Base Zone Lot area required per unit Minimum: 2,178(20 du/ac) Maximum: 871 50 du/ac Minimum: 2,178 (20 du/ac) Maximum: 871 (50 du/ac) (Sq. ft.' Setbacks Front 0 ft.(2) 10 ft.(2) 10 ft.(2)(3) 0(2) Rear 0 20 ft. 20 ft. 0 Side 0' (4) Street Side 0(2) 10 ft.(2) 10 ft.(2) 0 ft.(2) Height Per Base Zone 65 ft. 65 ft.(5) Per Base Zone (6) unless otherwise identified on the ma Building Separation 10 ft. Floor Area Ratio FAR No restriction (6) Common Open Space(7) Minimum 75 square feet/dwelling unit. (The minimum dimension len th and width shall be 15 feet. Private Open Space 5% of the gross floor area for each unit. (The minimum dimension len th and width shall be 6 feet. Fencing See Section 21.30.040 (Fences, Hedges, Walls, and Retaining Walls . Landscaping See Section 21.30.075 (Landscaping) and 21.30.085 (Water Efficient LandscapipcD. Li htin See Section 21.30.070 Outdoor Li htin Parking See Subsection (D)(2) below and Chapter 21.40 (Off -Street Parkin Si ns See Chapter 21.30.065 (Sign Standards). (1) Minimum/maximum allowable density range may be based on an average density of the entire project site, excluding density bonus units. (2) Any portion of the building that is over 20 feet in height shall be setback a minimum 20 feet from the street right-of- way. (3) Except in the Mixed -Use Mariners Mile (MU-MM) Zoning District wherein residential uses are only allowed beginning 100 feet north of Coast Highway. (4) The combined total from both sides shall be 15 feet. (5) The height shall be limited to 35 feet in the Shoreline Height Limit Area, as identified in Map H-1. (6) The FAR in this table only applies to residential floor area, including any supporting facilities. In mixed -use developments, the FAR for nonresidential is still applicable. (7) For purposes of this section, common and private open space in HO-1 may include enclosed shared amenities such as a clubhouse, swimming pool, tennis court, basketball court, racquetball court, weightlifting facility, children's Dlavaround equipment. sauna, iacuzzi. day care facility. or anv other recreational amenities/facilities as deemed appropriate by the Community Development Director 01-17-23 17-95 DocuSign Envelope ID: 624586F6-4D69-4101-9D3A-300ECCE30F20 Planning Commission Resolution No. PC2024-006 Paae 61 of 62 2. Airport Area Environs Area (HO-1). The following development standards shall only apply to Droiects with the Airport Area Environs Area: a. Sound Mitigation. The interior ambient noise level of all new residential dwelling units shall meet applicable standards of the Section 10.26.030 (Interior Noise Standards). An acoustical analysis report, prepared by an acoustical engineer, shall be submitted describing the acoustical design features of the structure that will satisfy the interior noise standard. The residential units shall be constructed, and noise attenuated in compliance with the report. b. Advanced Air Filtration. The desian of all new residential and mixed -use residential developments shall include advanced air filtration systems to promote cleaner air within livina environments. c. Notification to Owners and Tenants. A written disclosure statement shall be prepared prior to sale, lease, or rental of a residential unit within the development. The disclosure statement shall indicate that the occupants will be living in an urban type of environment adjacent to an airport and that the noise, odor, and outdoor activity levels may be higher than a typical suburban residential area. The disclosure statement shall include a written description of the potential impacts to residents of both the existing environment (e.g., noise from planes, commercial activity on the site and vehicles streets) and potential nuisances based upon the allowed uses in the zoning district. Each and every buyer, lessee, or renter shall sign the statement acknowledging that they have received, read, and understand the disclosure statement. A covenant shall also be included within all deeds, leases or contracts conveying any interest in a residential unit within the development that requires: (1) the disclosure and notification requirement stated herein, (2) an acknowledgment by all grantees or lessees that the property is located within an urban type of environment and that the noise, odor, and outdoor activity levels may be hiaher than a tvDical suburban residential area: and (3) acknowledament that the covenant is binding for the benefit and in favor of the City of Newport Beach. 3. West Newport Mesa Area (HO-2). The following development standards shall only apply to protects with the West Newport Mesa Area: a. West Newport Mesa Streetscape Master Plan. Any residential or mixed -use residential development shall implement applicable components of the adopted West Newport Mesa Streetscape Master Plan. D. General Development Standards. The following development standards shall apply to all projects within the Housing Opportunity zone, regardless of subarea: 1. Landscaped Setbacks. All front and street side setbacks shall be landscaped, except for areas that provide vehicle and pedestrian access to the right-of-way. 2. Residential Off -Street Parking Requirements. Residential parking requirements for protects within the Housing Opportunity Overlay Zones shall be provided in accordance with Table 21.28- 2 below. Parking for all other uses not included in this table shall be provided in accordance with Chapter 21.40 (Off -Street Parkina Reauirements) of the NBMC. 01-17-23 17-96 DocuSign Envelope ID: 624586F6-4D69-4101-9D3A-300ECCE30F20 Planning Commission Resolution No. PC2024-006 Paae 62 of 62 TABLE 21.28-2 RESIDENTIAL OFF-STREET PARKING FOR HOUSING OPPORTUNITY OVERLAY ZONES Land Use Subtype Parking Requirement Residential Rental Studio 1 Bedroom 2 Bedrooms 3 Bedrooms Visitor EgLking 1.1 spaces 1.5 spaces per dwelling per dwelling unit unit 1.8 spaces per dwelling unit 2.0 spaces per dwelling 0.3 spaces PeLOwellin unit unit Residential (Ownership) Studio 1 Bedroom 2 Bedrooms 3 Bedrooms Visitor EgLking 1.4 spaces per dwelling unit 1.8 spaces per dwelling 1.8 spaces per dwelling 2.0 spaces per dwelling unit unit unit 0.3 spaces per dwelling unit 01-17-23 17-97 Attachment E May 16, 2024, ALUC Staff Report 17-98 ORANGE COUNTY AIRPORT LAND USE COMMISSION FOR ORANGE COUNTY UG 3160 Airway Avenue • Costa Mesa, California 92626 .949.252.5170 fax: 949.252.6012 AGENDA ITEM 3 May 16, 2024 TO: Commissioners/Alternates FROM: Julie Fitch, Interim Executive Officer SUBJECT: City of Newport Beach Housing Element Implementation Program Amendments - Proposed Amendments to the General Plan Land Use Element, Title 20 (Planning and Zoning) of the Newport Beach Municipal Code (NBMC), and Local Coastal Program Background In September 2021, the City of Newport Beach submitted its 2021-2029 Housing Element Update (Housing Element) to the Airport Land Use Commission for Orange County (ALUC) for a consistency review. The City was assigned a Regional Housing Needs Allocation (RHNA) allocation of 4,845 units for the planning period 2021-2029, and identified five "focus areas" to accommodate the City's RHNA planning obligation: Airport Area Environs; West Newport Mesa; Newport Center; Dover/Westcliff; and Coyote Canyon. See Attachment 1 for locations of Housing Element Focus Areas and a map and list of sites in the John Wayne Airport Area. Your Commission found the Update to be inconsistent with the Airport Environs Land Use Plan for John Wayne Airport (AEL UP for JWA) due to noise, safety and land -use incompatibility issues. The City overruled ALUC's determination in February 2022, and adopted the Housing Element in September 2022. Since then, the City has made various amendments to its General Plan, Specific Plans and Zoning Code to implement the Update. In August 2023, the City submitted noise -related amendments to its Land Use Element, Noise Element, Zoning Code, Newport Place Planned Community, and Newport Airport Village Planned Community to accommodate the residential "opportunity" sites located within the 65 dB CNEL contour that were included in the Housing Element. The Housing Element identified 28 new residential sites within the 65 dB CNEL and 23 new sites for residential development within the 60 dB CNEL. The Housing Element removed a policy that was included in previous Housing 17-99 Agenda Item 3 — Newport Beach Housing Element Implementation Amendments May 16, 2024 Page 2 Elements prohibiting residential uses within the 65 dB CNEL, and the City revised or removed similar policies from the Noise Element, Land Use Element, Newport Place Planned Community, Newport Airport Village Planned Community, and the Zoning Code. In addition, the City proposed to change the noise contours that the subject plans are based on to the contours that were included in the 2014 Settlement Agreement Amendment EIR 617. Your Commission found the noise -related amendments to be inconsistent with the AELUP for JWA due to noise, safety and land -use incompatibility issues. The City overruled ALUC's determination and adopted the Housing Element Implementation Noise Related Amendments in November 2023. Current Proposal The City is now proposing further amendments to meet the requirements of the RHNA, which will impact areas withing the Planning/Notification Area for John Wayne Airport as shown on Attachment 2. General Plan Amendment ("GPA"). The proposed amendments to the Land Use Element include both revised policies and new policies to implement the Housing Element. The new Land Use Element Policies 4.4 through 4.7 serve to allow for potential residential development in areas that do not necessarily allow it currently. (See Attachment 3 for excerpts from the proposed Land Use Element). Each of the new policies are summarized in the table below, included in the City's April 18, 2024, Planning Commission Staff Report Item #3, which can be found on the City's website: https://ecms-iiewportbeachca.gov/VvrEB/DocView.aspx?id=295463 5&dbid=O&rgo=CNB Table 2, General Plan Land Use Element New Policies Policy �LU 4.4 (Rezoning to Accommodate Housing Opportunities) LU 4.5 (Residential Uses and Residential Densities) LU 4.6 (Continuation of Existing Development) Effect Supports the creation of the Housing Opportunity Overlay Zoning Districts and provides guidance on associated development limits for each focus area. Clarifies that residential use of identified properties is allowed regardless of and in addition to the underlying land use category or density. Identifies the maximum density in Policy 4.4 as an average across an entire property or project site. Furthermore, this Policy clarifies that development limits do not include units that are produced pursuant to state density bonus law or current pipeline units. Reinforces that residential development opportunities are in addition to the existing uses allowed by the General Plan. The allowance for residential does not require development as residential nor does it create nonconforming conditions. 17-100 Agenda Item 3 -- Newport Beach Housing Element Implementation Amendments May 16, 2024 Page 3 LU 4.7 (Redevelopment and Transfer of Development Rights) Works in conjunction with current Policy 4.3 (Transfer of Development Rights) and allows the transfer of development rights within the same statistical area when a property is redeveloped. For example, removing an office building for a residential development would free up the net change in trips thereby allowing for additional nonresidential intensity on a neighboring site within the same statistical area. This condition will help to ensure the opportunity for adequate resident -serving commercial in newly development residential neighborhoods. Amendment to Title 20 (Planning and Zoning) of the N 1MC ("ZCA"). To implement the Land Use Element's policy changes the City must rezone identified properties to allow housing development as an opportunity and to establish appropriate development standards. The proposed amendment to Title 20 consists of two primary components. The first is the proposed Housing Opportunity (HO) Overlay Zoning Districts, which would be applied to the housing opportunity sites identified in the Housing Element. These sites generally include properties within the Airport Area (2,577 units), West Newport Mesa (1,107 units), Dover-Westcliff (531 units), Newport Center (2,439 units), and Coyote Canyon (1,530 units). The second component is the proposed Multi -Unit Objective Design Standards. See Attachment 4 for excerpts from the proposed Title 20 Planning and Zoning Amendment. Local Coastal Program Amendment ("LCPA"). The proposed amendments would revise and create new policies within the City's Coastal Land Use Plan and to update Title 21 (Local Coastal Program Implementation Plan) of the Newport Beach Municipal Code ("NBMC") to support housing production in the focus areas identified by the 6th Cycle Housing Element and within the Coastal Zone. The amendment would add the new Housing Opportunity (HO) Overlay Coastal Zoning Districts and related development standards. See Attachment 5 for excerpts from the proposed Local Coastal Program Amendment, The City has held/scheduled the following public hearings: April 18, 2024 Planning Commission (recommended approval) July 23, 2024 City Council Certain components of the proposed Housing Element Implementation Amendments constitute a "Major Amendment" in the City's Charter, therefore they require a majority vote of the electorate. The City intends to move in the direction of putting the item(s) on the ballot in the coming months. AELUP For JWA Issues Regarding Aircraft Noise Impacts: Section 3,2.3 of the AELUP Noise Impact Zone 1 — High Impact 65 dB and above, states "Noise impact in this zone is sufficient to warrant restrictions on residential uses and to require sound 17-101 Agenda Item 3 — Newport Beach Housing Element Implementation Amendments May 16, 2024 Page 4 attenuation measures on other uses. The ALUC does not support residential development within the 65 dB CNEL noise contour." Section 3.2.1 of the AELUP states that the General Land Use policy of the Airport Land Use Commission for Orange County shall be, "within the boundaries of the AELUP, any land use may be found to be Inconsistent with the AELUP which... places people so that they are affected adversely by aircraft noise..." This section further states, "Adverse effects of aircraft noise are defined by the "reasonable person" concept presented in the Noise Standards for California Airports, Title 21 of the California Code of Regulations (Appendix G). Adverse effects of aircraft noise include single event noise disturbances to which people near airports are subjected." Attachment 6 is an exhibit showing the residential sites included in the Housing Element Update, which will also be impacted by the proposed amendments, in relation to the noise contours adopted by the ALUC and included in the AELUP for JWA. The proposed amendments will provide additional policies and land use designations and standards which serve to further support the City's efforts to allow residential uses in the 65 CNEL. The City also included in its submittal (at the end of this packet), these same sites in relation to the City's new adopted noise contours which were not approved by ALUC. Regarding Height Restrictions: Many of the residential sites included in the Housing Element are located in the Approach Surface, Transitional Surface, and Horizontal Surface of the Federal Aviation Regulation (FAR) Part 77 Obstruction Imaginary Surfaces for JWA (see Attachment 7). Height increases are proposed for two sites located on Newport Beach Golf Course property between Mesa Drive and Anniversary Lane (Housing Element Sites #25 and #26). These sites are proposed for an increase in height to 60' Above Ground Level (AGL). With approximate ground elevations of 46 to 53 feet, these structures would penetrate the Notification Area of 102' AMSL and Form 7460s would be required. The City's maximum heights for these sites would not penetrate the Obstruction Imaginary Surfaces. Regarding Flight Tracks and Safety Zones: The Housing Element identified 58 new housing sites within Safety Zone 6-Traffic Pattern Zone, and four sites within Safety Zone 4-Outer Approach/Departure Zone, including one of the sites proposed for a height increase to 60'. (See Attachment 8). Many of the sites located in Safety Zones 4 and 6 are also located in the 65 dB CNEL contour. According to the California Airport Land Use Planning Handbook, noise and overflight should be considered in Safety Zone 6 and residential uses should be limited to low density in Safety Zone 4. Attachment 9 illustrates flight tracks provided by the John Wayne Airport Noise Office for three separate days in April and in July of 2023. As shown on the exhibits, there are numerous flights over the housing sites in the Airport Area, with a concentration of flights over the primary approach corridor and sites east of the airport within Safety Zone 6 and the transitional surface for JWA. The location and number of residential sites within Safety Zones 4 and 6, with some directly under the flight path of commercial and general aviation flights, suggests that the 17-102 Agenda Item 3 — Newport Beach Housing Element Implementation Amendments May 16, 2024 Page 5 residential land uses would be incompatible with the operations at JWA and subject future residents to excessive noise and safety risks. Regarding Heliports: No heliports are proposed as part of the Noise -Related Amendments, therefore, consistency with the AELUP for Heliports was not evaluated. Conclusion Attachment 10 to this report contains excerpts from the submittal received from the City of Newport Beach. ALUC staff has reviewed the Housing Element Implementation Amendments, including amendments to the Land Use Element, Noise Element, Title 20 (Planning and Zoning Code), and the Local Coastal Program for compliance with the AELUP for John Wayne Airport (JWA), specifically for noise, safety and overflight. The recommendation below is based on the additional policies and land use designations and standards which serve to further allow residential uses within the 65 dB CNEL, and the location of these sites within the Safety Zones and under the approach/departure surface for JWA. Recommendation: That the Commission find the proposed Newport Beach Housing Element Implementation Program Amendments - Proposed Amendments to the General Plan Land Use Element, Title 20 (Planning and Zoning) of the Newport Beach Municipal Code (NBMC), and Local Coastal Program inconsistent with the AELUP for JWA per: 1. Section 2.1.1 Aircraft Noise that the "aircraft noise emanating from airports may be incompatible with general welfare of the inhabitants within the vicinity of an airport." 2. Section 2.1.2 Safety Compatibility Zones in which "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 JWA." 3. Section 2.1.4, and PUC Section 21674 which state that the Commission is charged by PUC Section 21674(a) "to assist local agencies in ensuring compatible land uses in the vicinity of ...existing airports to the extent that the land in the vicinity of those airports is not already devoted to incompatible uses," and PUC Section 21674(b) "to coordinate planning at the state, regional and local levels so as to provide for the orderly development of air transportation, while at the same time protecting the public health, safety and welfare." 17-103 Agenda Item 3 — Newport Beach dousing Element Implementation Amendments May 16, 2024 Page 6 4. 3.2.1 General Policy of the AEL UP which states that the General Land Use policy of the Airport Land Use Commission for Orange County shall be "Within the boundaries of the AEL UP, any land use may be found to be Inconsistent with the AEL UP which... places people so that they are affected adversely by aircraft noise..." Respectfully submitted, Julie Fitch Interim Executive Officer Attachments: 1. Newport Beach Housing Element Focus Areas and Airport Area Sites 2. Sites within JWA Notification/Planning Area 3. Excerpts from the Land Use Element Update 4. Excerpts from the Planning and Zoning Code Amendment S. Excerpts from the Local Coastal Program Amendment 6. Residential Sites with Adopted AELUP Noise Contours 7. Map of Obstruction Imaginary Surfaces and Notification Surface 8. Parcels in Safety Zones 9. Flight Track Exhibits 10. Excerpts from the City of Newport Beach Submittal Package 17-104 Housing Element Implementation Program Amendments (PA2022-0245) Planning Commission, April 18, 2024 Page 3 of the Housing Element no later than February 2025. The City is not required to build housing units to meet its RHNA allocation, only to establish the appropriate zoning designations and development standards to allow the private market to develop these units. Of critical importance is that the City is required to ensure the continued and effective implementation of the Housing Element programs including, but not limited to, the provision of sufficient adequately zoned land to accommodate its share of the regional growth and its required share of lower income dwelling units consistent with the General Plan and RHNA obligations. The areas where rezoning is required are focused in five areas of the City, as displayed in Figure 1 below. Although Banning Ranch (now the Randall Preserve) was included as a housing opportunity due to existing development capacity in the current General Plan Land Use Element, it is not being considered as an opportunity site that counts towards meeting the City's RHNA allocation. Figure 1, Focus Areas for Residential Development PROJECT DESCRIPTION AND DISCUSSION An in-depth and detailed project description has been prepared as Section 3.0 (Project Description) of the Draft Environmental Impact Report ("Draft EIR"), which is digitally attached to this staff report as Exhibit "A" to Attachment No. PC 1, due to size and made available online at www.newportbeachca.-gov/CEQA. ATTACHMENT 1 4 17-105 a jr '1 � 40 t Ak 41 Jo t. Aw- City of Newport Beach 2021-2029 HOUSING ELEMENT 2014 Existing Existing? JWAMaster o.61R N o, Inventory/Map Assessor Existing General. Proposed Plan 1985 Noisa se Safety Zone ID Parcel. Number Zoning Ptan Land Allowable Noise Cmttour CiOMOUT Use Height Limit (CNEL) (CNEL) 17 43924120 SP-7 RM 60-65dB 60-65 dB 6 IS 427121 24 OA AO 65-70 dB 65-70 d5 6 19 42712124 OA AO Base Zone 65-70d9 65-70d6 6 20 44512117 PC CO-G NIA NIA 6 21 446161 03 PC MU-H2 60-65 dB WA 6 22 44516103 PC MU-1-12 60-65 d8 NIA 6 23 11930017 5P-7 PR 35Feet 65-70dB 65.70dB 4 24 11931004 SP-7 PR 35 Feet 65-70 de 65-70 dB 4 25 11930015 SP-7 PR 60Feel 65.70dB 60.70d6 6 26 11930016 SP-7 PR 60Feet 65-70dB W-700 V6 27 427131 16 OA AO 65-70 d6 65-70 d8 6 28 42712101 OA AO 65-73dB 65-70dB 6 29 42713114 OA AO 65-70d6 65-70CIB 6 30 427121 02 OA AO 55-70 dB 65-70 de 6 31 42713115 OA AO 65-70d6 65-70dB 6 32 44513126 PC MU-1-12 60-65 dB NIA 6 36 44512111 PC CG WA NIA 6 45 44515109 PC MU-42 60-65dB NIA 6 49 44512106 PC CO-G N/A NIA 6 52 44515101 PC PF 60-65dB NIA 6 53 445121 14 PC CO-G 60-65 d8 WA 6 54 44512118 PC CG NIA NIA fi 55 44516104 PC MU-1-12 60-65 dB NIA 6 56 44514104 PC MU-H2 NIA NIA 6 59 44512109 PC CG NIA N/A 6 61 427121 27 OA AO 65.70 dB 65-70 dB 6 62 427173 01 PC MU-H2 60-65 dB 60-65dB 6 63 47733202 PC CO-G 6S-70d6 60-65dB 6 64 42733204 PC CO-G 65-70tl6 60-65dB 6 65 42733203 PC CO-G 65-70d6 60-65dB 6 67 427181 01 PC MU-1`12 60-65 dB 60-65dB 6 70 42717404 PC MU-1-12 BeseZone 60.65d8 60-65dB 6 71 42722101 PC MU-1-12 60-65dB 60-65dB 6 73 42722205 PC MU-H2 60-65 d8 WA 6 74 42722206 PC MU-1-12 6045d13 WA 6 77 42722106 PC MU-1,12 60-65 dB 60-65dB 6 78 4271-1406 PC MU-H2 60,65dB 60-Ud5 6 80 4271/3103 1 PC MU-1-12 60-65dB 60-65dB 6 82 427 221 02 PC CO-G 60-65 d8 60-65 d8 6 83 42717405 PC MU-1-12 60-65dB 60-65dB 6 85 42734201 PC MU-1-12 60-65 dB 60.65d8 6 B6 42722116 PC CO-G 65-70dB 65-76dB 6 87 439 401 01 PF PF NIA NIA 476 89 42722115 PC MU-1-12 60-65d8 60-85d13 6 90 427141 14 PC CO-G 65-70 dB 65-70 dB 6 91 936 790 44 PC CO-G 65-70 dB 65.70 dS 6 92 93679050 PC CO-G 65.70dB 65-700 6 93 427141 04 PC CO-G 65.70 dB 66-70 dB 6 94 427141 11 PC CO-G 65-70 dB 65-70 dB 5 95 936 790 48 PC CO-G 65-70 0 65-70 dB 6 96 427141 07 PC CO-0 65-70 dB 65-70 d8 6 97 4271410B PC CO-G 65.70CIS 65-76dB 6 98 427141 16 PC CO-0 65.70 dB 65-70 d8 6 103 44514111 PC MU-1-12 NIA NIA 6 104 44514112 PC MU-H2 NIA NIA 6 105 44514113 PC MU-1-12 NIA NIA 6 106 427171 02 PC CG 65-70 dB 65.70 dB 6 107 42722103 PC CO-G 65-70dI3 65-70d6 6 108 42717103 PC CG 65-70dB 65.70dB 6 109 936 790 46 PC CO-G 60-65 dB 60-65 d6 6 335 42722117 PC MU-1-12 60-65dB 60-65dB 6 338 44514131 PC MU-H2 NIA NIA 6 343 427181 09 PC CG 65-70 dB 65-70 dB 6 344 427141 13 PC CO-G 65-70 d8 65-70 dB 6 356 427131 09 SP-7 AO 65-75 dB 65-70 d8 6 357 442 282 02 PC CV 60-65 d6 NIA 6 17-107 City of Newport Beach 2021-2029 HOUSING CLEMENT Existing Existing/ JWAMoster2014 o.61R No. N Inventory/Map Assessor Existing General Proposed Pl an1985 ID Parcel Number Zoning Plan Land Allowable NolseContour Safety Zone Use Height Limit 1CNEL] Contour BaseZOne (CNEL) 358 43902113 SP4 GG 60-65d6 60.65d8 3 359 439 021 12 SP-7 CG 60-65 d6 50.65 d8 3 360 439 02103 SP-7 CG 60-65 d8 60-65 dB 316 363 43935221 SP-7 CO-G 65-70d9 65.70d8 6 364 49334101 SP-7 RS-G 65-700 6S.70d6 6 365 43935217 SP-7 CO-G 65-70d9 65-700 6 366 43935220 SP-7 CO-G 65-70d6 65-70d6 6 367 439 352 22 Sp-7 GO-G 65-70 68 65-70 dB 3/6 17-108 City of Newport Beach Housing Element Implementation Program Amendments ALUC Submittal, April 26, 2024 EXHIBIT A — Notification Area/Planning Area Costa fy�e�d SA eulma" Y , 1 " `� g "q - - llFsye�aw� s} rr �m O r on tom'' ,0ach r �a 9 m z IV I NO&COon Zone _.. cityaoundary Focus Area Airporl Area Housing Sites Aanning Stanch Mousing Sites "1 Coyote Canyon Haltsing Saes 'love 1 wcstcliff Klausing 51tes Nrwport Center Arcs Hotting Sltrs west Vcwpori Mesa Hoos'ng S;Tes 0 0.38 0.15 1,5 Miles I I I I ] I I I t Corr na pet C r D 1 M - �'➢" i '.I -,' -?f" V 17-109 LEGEND 0 60'rnaximum 35'm3vnium FA �AURAFT .......... 4. HO-1 Airport Area Environs Area F 4` ',v- NE i, 17-110 Land Use Element b. The reduced density/intensity on the donor site provides benefits to the City such as, but not limited to, the (1) provision of extraordinary open space, public visual corridor(s), parking or other amenities; (2) preservation of a historic building or property or natural landscapes; (3) improvement of the area's scale and development character; (4) consolidation of lots to achieve a better architectural design than could be achieved without lot consolidation; and/or (5) reduction of local vehicle trips and traffic congestion; c. The increment of growth transferred to the receiver site complements and is in scale with surrounding development, complies with community character and design policies contained in this flan, and does not materially degrade local traffic conditions and environmental quality. d. Transfer of Development Rights in Newport Center is governed by Policy 6.14.3 (Imp 2.1, 5.1, 10.2) LU 4.4 Rezoning to Accommodate Housing O ortunities Accommodate housing opportunities through the adoption of housing opportunity overlay zoning districts or other land use reauulatoty policy. The Following areas are intended to be consistent with the Housing E�'s focus areas. Properties within each overlay district should include but are not limited to sites identified in the Housing Element-, however, not all sites must be included, and other sites may be identified in the future through rezoning unless precluded by state law. The goal is to ensure an adequate number of sites Citywide to accommodate the City's allocation of the Regional Housing Needs Assessment: ■ Airport Environs: the intent is to su ort a density between 20 and 50 dwelling unitsper gross acre to accommodate up to 2,577 total dwelling units within the area. ■ West Newport Mesa: the intent is to sQl2ortadensity between 20 and 50 dwelling units per ross acre to accommodate u to 1 107 total dwellin units within the area. ■ Ncmmort Center: the intent is to support a densi between 20 and 50 dwelling unitsper gross acre to accommodate up to 2,439 total dwelling units within the area. units 12er gross acre. ■ Dover estcliff: the intent is to s4portadensity between 20 and 50 dwelling units per_gross acre to accommodate up to 521 total dwelling units within the area. ■ Co ote Canyon: the intent is to allow a densi between 20 and 60 dwelling units per gross acre of viable land to accommodate up to 1,530 total dwelling units within the area. ATTACHMENT 3 Newport Beach General Plan 17-111 Land Use Element LU 4.5 Residential Uses and Residential Densities Residential use of any property included within an established housing opportunity overlay zoning district is allowed regardless of and in addition to the underlying land use cateegory or density limit established through Police LU 4.1, Table LU 1 and Table LU 2. A general Plan amendment is not required to develop a residential use within an established housing opportunity zoning overlay district. The maximum density specified for the various overlay districts specified in Policy LU 4.2 is an average over the entire 12rol2erty or project site. For example, a portion of a development site may be developed at a higher density than specified by Policy 4.4 provided other portions of the site are developed at lower densities such that the average does not exceed the maximum. Density calculations and total units identified in LU 4.2 do not include units identified as pipeline units or units permitted pursuant to State density bonus law. LU 4.6 Continuation of Existing Development Residential opportunities are in addition to existing uses allowed by the General Plan. Properties within the established overlay zones are not required to be developgd for mixed -use or residential. Existing uses may continue tooperate provided the are legaU established and consistent with policies and re ations related to legal nonconforming uses. The adoption of housing opporturuzz overlay districts shall not affect existing rights to use the property. LU 4.7 Redevelopment and Transfer of Development Rights Within an established housing opportunity overlay zone gnd notwithstanding Polky LU 6.15.5 the intensity of existing allowcd uses of a site may be reconstructed on the site as part of a mixed -use development Provided theeross floor area allowed by the General Plan is not increased, unless it is increased through a General Plan amendment or densi1y bonus concession. The intensi of existing uses may be converted to other uses allowed by the underlying General Plan land use category provided that average &4 tdus and 12eak hour traffic trips are not increased above the trips from the existing allowed use. For example, office intensity may be converted to retail or service commercial. restaurants, or other nonresidential uses provided the General Plan land use category allows these uses. Nonresidential intensity not included as a component of a future residential project will remain within the General Plan allocations on a statistical area -wide basis. The City Council may transfer the intensit�! of a use to another site within the Statistical Area consistent with Policy LU 4.3_or Policy LU 6.15.3. Newport Beach General Plan 17-112 Land Use Element Airport Area The Airport Area encompasses the properties abutting and east of () WA) and is in close proximity to the Irvine Business Complex and University of California, Irvine (UCI). This proximity has influenced the area's development with Uses that support JWA and UCI, such as research and development, high technology industrial and visitor -serving uses, such as hotel and car rental agencies. A mix of low-, medium-, and high-rise office buildings predominate, with lesser coverage of supporting multi -tenant commercial, financial, and service uses. A number of buildings are occupied by corporate offices for industry and financial uses. Koll Center, at MacArthur Boulevard and Jamboree Road, was developed as a master planned campus office park. Manufacturing uses occupy a small percentage of the Airport Area. Three large hotels have been developed to take advantage of their proximity to JWA, local businesses, and those in the nearby Irvine Business Complex. The area immediately abutting JWA, referred to as the "Campus Tract," contain a diverse mix of low intensity industrial, office, and airport --related uses, including a number of auto -related commercial uses including carwash, auto -detailing, rental, repair, and parts shops. In comparison to properties to the east, this area is underutilized and less attractive. Mae rn Airport Area Note! irr Airport Area Development in the Airport Area is limited due to the safety restrictions and noise associated with John Wayne Airport. Additionally, building heights are restricted for aviation safety. Residential uses can be allowed in the Airport Area on parcels that are wholly or partially outside the 65 dBA CNEL contour as denoted in Figures N4 and N5 of the Noise Element. Figure N5 is largely derived from the 2014 John Wayne Airport Settlement Agreement Amendment Environmental Impact Report (EIR No. 617). Residential uses may be approved in these areas provided interior living areas are protected from excessive noise by appropriate construction techniques that reduce the interior noise to 45 dBA CNEL, consistent with state law. (See Cal. Code Regs., tit. 21, � 5014, subd. (a)(1)-(4).) Parcels that are wholly within the John Wayne Airport 65 dB CNEL contour shown in Figure N5 (e.g., those identified as experiencing noise levels above 65 dB CNEL) are unsuitable for residential development unless and until the City determines, based on substantial evidence, that the sitc(s) wholly within the 65-70 dB CNEL contours are needed for the City to satisfy its Sixth Cycle RHNA mandate. Nonresidential uses are, however, encouraged on parcels located wholly within the 65 dBA CNEL contour area. Recent development activity in the City of Irvine's Business Complex to the north has included the transfer of development rights, bringing more intense development closer to the Airport Area and resulting in the conversion of office to residential entitlement. This activity is changing the area to a mixed -use center. 'i Newport Beach General Plan 5.16.24 ALUC Item #3 Page 15 17-113 Land Use Element Through the Visioning process and preparation of the General Plan, the public preferred revitalization of the Airport Area with income -generating land uses. Generally, a range of development types were acceptable as long as traffic is not adversely affected. However, a majority believed that the Airport Area is urban in character, different than other City neighborhoods. Additional density and traffic congestion were considered more acceptable here than other parts of the City. There was strong support for new hotels and broad consensus on mixed -use development with residential and revenue -generating uses. Policy Overview The General Plan provides for the development of office, industrial, retail, and airport -related businesses in the Airport Area, as well as the opportunity for housing and supporting services. The latter would be developed as clusters of residential villages centering on neighborhood parks and interconnected by pedestrian walkways. These would contain a mix of housing types and buildings that integrate housing with ground -level convenience retail uses and would be developed at a sufficient scale to achieve a "complete" neighborhood. Residential and mixed -use (commercial and residential) buildings would be restricted from areas exposed to exterior noise levels of John Wayne Airport 65 dBA CNEL and higher, based on the dBA CNEL contour boundaries shown in Figure N5 of the Noise Element of the General Plan, unless and until the City determines, based on substantial evidence that the sites wholly within such contour area are needed for the City to satisfy its Sixth Cycle RHNA mandate. LU 6.15 A mixed -use community that provides jobs, residential, and supporting services in close proximity, with pedestrian -oriented amenities that facilitate walking and enhance livability. URBAN FORM AND STRUCTURE [refer to Figure LU221 LU 6.15.1 Land Use Distracts and Neighborhoods Provide for the development of distinct business park, commercial, and airport - serving districts and residential neighborhoods that are integrated to ensure a quality environment and compatible land uses. (Imp 1.1, 2.1) LU 6.15.2 Underperforming Land Uses Promote the redevelopment of sites with underperforming retail uses located on parcels at the interior of large blocks for other uses, with retail clustered along major arterials (e.g., Bristol, Campus, MacArthur, and Jamboree), except where intended to serve and be integrated with new residential development. (imp 2.1, 24.1) LU 6.15.3 Airport Compatibility Require that all development be constructed in conformance with the height restrictions set forth by the Federal Aviation Administration (FAA), Federal Aviation Regulations (FAR) Part 77, and Caltrans Division of Aeronautics, and that residential development shall be allowed only on parcels with noise levels of less than John Wayne Airport 65 dBA CNEL noise contour area as shown in Figure Newport Beach G,5Ak-9dVkWraKe 4 e 16 17-114 Land Use Element N5 of the Noise Element of the General Plan, unless and until the City detetti ines, based on substantial evidence, that the sites wholly within the 65 dBA CNEL noise contour shown in Figure N5 are needed for the City to satisfy its Sixth Cycle RHNA mandate. Nonresidential uses are, however, encouraged on parcels located wholly within the 65 dBA CNEL contour area. (Imp 2.1, 3.1, 4.1, 14.3) Newport Beach General Plan 5.16.24 ALUC Item #3 Page 17 17-115 DocuSign Envelope ID: 624586F6-4D69-4101-9D3A-300ECCE30F20 Planning Commission Resolution No. PC2024-006 Paqe 13 of 62 EXHIBIT "C" TITLE 20 (PLANNING AND ZONING) AMENDMENT HOUSING OPPORTUNITY (HO) OVERLAY ZONING DISTRICTS Chapter 20.28 (Overlay Zoning Districts [MHP, PM, B, H]) of the Newport Beach Municipal Code (NBMC) would be amended as follows, currently shown in redline -strikeout format for ease of reference only: Chapter 20.28 OVERLAY ZONING DISTRICTS (MHP, PM, B, HO, H) Sections: 20.28,010 Purposes of Overlay Zoning Districts. 20.28.020 Mobile Home Park (MHP) Overlay Zoning District. 20.28.030 Parking Management (PM) Overlay District. 20.28.040 Bluff (B) Overlay District. 20.28.050 Housinq Opportunity HO Overlay Zoning Districts. 20.28.060 Height (H) Overlay District. 20,28.010 Purposes of Overlay Zoning Districts. The purposes of the individual overlay zoning districts and the manner in which they are applied are outlined below. An overlay district may be initiated as a Zoning Map amendment in compliance with Chapter 20.66 (Amendments). All development shall comply with the applicable development standards (e.g., setbacks, height) of the underlying zoning district in addition to the standards provided in this chapter, if any, In situations where an inconsistency occurs between the development standards of the underlying zoning district and the standards in this chapter, the standards of the overlay district shall prevail_ A. MHP (Mobile Home Park) Overlay Zoning District The MHP Overlay Zoning District is intended to establish a mobile home district on parcels of land developed with mobile home parks. The regulations of this district are designed to maintain and protect mobile home parks in a stable environment with a desirable residential character. B. PM (Parking Management) Overlay Zoning District. The PM Overlay Zoning District is intended to provide for areas where parking management plans are appropriate to ensure adequate parking. C. B (Bluff) Overlay Zoning District. The B Overlay District is intended to establish special development standards for areas of the City where projects are proposed on identified bluff areas. The specific areas are identified in Part 8 of this title (Maps). D. HO (Housinq Opportunity) Overlay Zoninq Districts. The HO Overlay Zoning Districts are intended to accommodate housin opportunities consistent with the Housing Element's focus areas and to ensure the City can meet its allocation of the Regional Housinci Needs Assessment RHNA . The specific areas are identified in Part 8 of this title (Maps) E. H (Height) Overlay District. The H Overlay District is intended to establish standards for review of increased building height in conjunction with the provision of enhanced project design features and amenities. ATTACHMENT 4 01-17-23 5.16.24 ALUC Item #3 Page 18 17-116 DocuSign Envelope ID: 624586F6-4D69-4101-9D3A-300ECCE30F20 Planning Commission Resolution No. PC2024-006 Paqe 14 of 62 20.28.050 Housing Opportunity HO Overlay Zoning Districts. A. A licabilit , This section applies to properties located in one of the Housing Opportunity HO Overlay Zoning Districts as identified in Part 8 of this title.This includes the following subareas; 1. HO-1 - Airport Area Environs Area — The Airport Area Environs Area is located north of the Upper Newport Bay Nature Reserve primarily around the John Wayne Airport. 2. HO-2 - West Newport Mesa Area — The West Newport Mesa Area is located near the southwest corner of the City and rimaril consists of industrial properties along 161h Street Production Place and 151h Street. 3. HO-3 - Dover-Westcliff Area — The Dover-Westcliff Area includes property on both sides of West Coast Highway and the west of Dover Drive, Properties in the Lido Village area are included. 4. HO-4 -Newport Center Area —The Newport Center Area is generally bounded by San Joaquin Hills Road MacArthur Blvd Highway, Coastand Jamboree Road. 5. HO-5 - Coyote Canyon Area — The Coyote Canyon Area is located on the south side of California State Route 73 at the 'unction of Newport Coast Drive. The above listed are general descriptions of each subarea and additional properties may be included with the subarea. To be eligible for the provisions of this chapter, the Property must be listed on the HO area map as an "Opportunity Site". 6. HO-6 - 5th Cycle Housing Element Sites — Those sites that are identified as 5th Cycle Housing Element sites on Figure B-5 of the 61h Cycle Housing Element. See subsection 20.28.050E for alternative review process. B. Uses Allowed. The following uses shall be permitted in the Housing Opportunity HO Overla Zoning Districts with exception of HO-6 where onlV the base zoning standards apply. 1. Any use that is permitted or conditional)permitted in the base zone 2, Multiple -unit development that meets the density requirements set forth in this section 3. Mixed -use develo ment that includes a residential component which complies with the minimum density set forth in this section; and 4. Residential supporting uses such as leasing/sales/property management offices fitness facilities recreation facilities etc. C. Subarea Development Standards. Development Standards. The following development standards shall apply to anV residential or mixed -use romect ermitted pursuant to this section. Unless otherwise modified bV this section all applicable development standards including anV adopted ob'ective desi n standards shall 222L 01-17-23 5.16.24 ALUC Item 43 Page 19 17-117 DocuSign Envelope ID: 624586F6-4b69-41o1-9D3A-300ECCE3OF20 Planning Commission Resolution No. PC2024-006 Paae 15 of 62 TABLE 2-16 DEVELOPMENT STANDARDS FOR HOUSING OPPORTUNITY OVERLAY ZONES Housin O ortunit Subareas Development Feature HO-1 HO-2 HO-3 HO-4 HO-5 HO-6 Development Limit 2,577 1,107 521 2,439 1,530 NIA Units (�) Lot Size/Dimension Per Base Zone Lot area required per Minimum: 2,178(20 dulac Maximum: 871 (50 dulac Minimum: 2,178 (20 dulac) Maximum: 871 (50 dulac) Minimum: All 2,178(20 Standards dulac Per Base Maximum: Zone 726(60 dulac (10) Unit (sq. ft.)(2) Setbacks Front Oft, 10 ft (3) 10 ft (3)(4) 0(3) 10 ft.(3) Rear 0 — 20 ft. 20 ft. 0 20 ft. Side 0 (4) Street Side 0(3) 10 10 ft.(3) 0 ft.(3) 10 ft {3) Height Per Base Zone unless 65 ft. 65 ft.(6) Per Base 65 ft. Zone(') otherwise identified on the map Buildin Se oration 10 ft. Floor Area Ratio (FAR) No restriction(3) Common Open Minimum 75 square feetJdwelling unit. (The minimum dimension [length and width shall be 15 feet. 5% of the gross floor area for each unit. (The minimum dimension [length and widthl shall be 6 feet. Space(9) Private Open Space{9} Fencing See Section 20.30,040 Fences Hedges, Walls and Retaining Walls). Landsca2iaa See Chapter 20.36 Landsi in Standards . See Section 20.30.070 Outdoor Lighting). See Section 20,48,140 (Outdoor Storage, Display, _and Activities . Li htin Outdoor Stora a/Dis la Parking See Subsection (D)(3) below and Chapter 20.40 (Off -Street Parkin Satellite Antennas See Section 20.48.190 (Satellite Antennas and Amateur Radio Facilities . Si Ins See Chapter 20.42 (Sign Standards). (1) Development limits are additional residential development opportunities beyond the base allowances in this Title or the General Plan. These fimits shall not include density bonus units or units that are either identified as pipeline units in the 611_Cycle Housing Element (Table B-2) Dr units that were applied for and predate the effective date of the HO Overlay Zoning Districts. Furthermore eligible units are only counted a ainst the development limits when they are either entitled or are issued a building permit if allowed by right. However. 25% of the development limit within each HO Overlay Zoning District that includes properties within the Coastal Zone shall be reserved until such a time as the City's Local Coastal Program has been amended to allow for housing consistent with the implementation of the 6th 01-17-23 5.16.24 ALUC Item 4#3 Page 20 17-118 DocuSign Envelope ID: 624586F6-4D69-4101-9D3A-30QECCE3DF20 Planning Commission Resolution No. PC2024-006 Paae 16 of 62 Cycle Housing Element. Followin the Cit 's Local Coastal Program Amendment, priority for the reserved units will be given to sites located within the Coastal Zone. (2) Minimum/maximum allowable density range may be based on an averacie density of the entire prolect site excluding density bonus units. (3) Any portion of the building that is over 20 feet in height shall be setback a minimum 20 feet from the street ri ht-of- way (4) Except in the Mixed -Use Mariners Mile MU-MM Zoning District wherein residential uses are only allowed beginning 100 feet north of Coast Highway. (5) The combined total from both sides shall be 15 feet (6) The height shall be limited to 35 feet in the Shoreline Height Limit Area as identified in Map HA (7) "Base Zone" includes all height limitations established by the Sight Plane Ordnance ordinance No. 1371 and Ordinance No. 1596). (8) The FAR in this table only applies to residential floor area including any supportingsuppotng facilities. In mixed -use developments, the FAR for nonresidential is still applicable. (9) For purposes of this section common and private.opens ace in HO-1 may include enclosed shared amenities such as a clubhouse swimmirig pool,tennis court. basketball court racquetball court weightliftinq facility,children's Playground equipment, sauna [acuzzi day care facility, or any other recreational amenities/facilities as deemed appropriate by the Community Development Director. (10) This density is intended for the former Coyote Canyon Landfill site only. The Sae Hill School site is limited to a maximum of 20 dwelling units. 2. Airport Area Environs Area HO-1 . The following development standards shall only apply to projects with the Airport Area Environs Area: Sound Mitigation. The interior ambient noise level of all new residential dwelling units shall meet applicable standards of the Section 10.26.030 Interior Noise Standards). An acoustical anal sis report, Prepared by an acoustical engineer, shall be submitted describing the acoustical design features of the structure that will satin the interior noise standard. The residential units shall be constructed and noise attenuated in compliance with the report. b. Advanced Air Filtration. The design of all new residential and mixed -use residential developments shall include advanced air filtrations stems to promote cleaner air within living environments. Notification to Owners and Tenants. A written disclosure statement shall be Prepared prior to sale lease or rental of a residential unit within the development. The disclosure statement shall indicate that the occulpants will be living in an urban tVpe of environment adjacent to an airport and that the noise odor, and outdoor activity levels may be hi her than a typical suburban residential area. The disclosure statement shall include a written description of the ootential impacts to residents of both the existing environment e. noise from planes, commercial activity on the site and vehicles streets and IDotential nuisances based upon the allowed uses in the zoning district. Each and every buyer lessee or renter shall sign the statement acknowledging that they have received read and understand the disclosure statement. A covenant shall also be included within all deeds leases or contracts conveying any interest in a residential unit within the development that requires: 1 the disclosure and notification requirement stated herein; 2 an acknowledgment by all grantees or lessees that the property is located within an urban type of environment and that the noise odor, and outdoor activity levels may be hi her than a typical suburban residential area and 3 acknowledgment that the covenant is binding for the benefit and in favor of the City of Newport Beach. 3. West Newport Mesa Area HO-2 . The following develo ment standards shall only apply to ro'ects with the West Newport Mesa Area: 01-17-23 5.16.24 ALUC Item #3 Page 21 17-119 DocuSign Envelope ID: 624586F6-4C69-4101-9C3A-300ECCE30F20 Planning Commission Resolution No. PC2024-006 Paqe 17 of 62 a. West Newport Mesa Streetsca e Master Plan, Any residential or mixed -use residential development shall implement applicable components of the adopted West Newport Mesa Streetscape Master Plan. ^� 4. Coyote Canyon Area HO-5 . The following development standards shall only apply to rojects with the Coyote Canyon Area: a. Public Park, Any future residential development within this subarea shall include a public ark that is no less than 3.5 acres in aggregate. As part of the review for the overall Project, the developer shall provide a detailed description of the public park, including timing,dimensions and location within the proiect site. b. Public Trails, Any future residential development shall include public trails for the entire subarea that accommodate multiple modes of transit (i.e., walking and bicycling) and connect to nearby community resources, as well as the existtnq trail system. As part of the review for the overall project, the developer shall provide a detailed description of the trail systems_including timing, dimensions, alignment, and location within the project site. D. General Development Standards. The following development standards shall apply to all romects within the Housing Opportunity zone regardless of subarea: 1. Mixed -use developments. All mixed -use developments shall comply with Section 20.48.130 Standards for Mixed -Use Projects). In addition a minimum of 50% of the floor area of mixed - use developments shall be dedicated to residential uses. For purposes of this section, floor area be defined as all enclosed floor sl2ace, but exclude parking garages/spaces,utility areas and storage areas that are not directly accessible from the interior of a dwelling unit, 2. Landscaped Setbacks. All front and street side setbacks shall be landscaped, except for areas that provide vehicle and oedestrian access to the right-of-way. 3. Residential Cuff -Street Parking Requirements. Residential parking requirements for projects within the Housing Opportunity Overlay Zones shall be provided in accordance with Table 2-17 below. Parking for all other uses not included in this table shall be provided in accordance with Chapter 20.40 Off -Street Parking Requirements) of the NBMC. TABLE 2-17 RESIDENTIAL_ OFF-STREET PARKING FOR HOUSING OPPORTUNITY OVERLAY ZONES Land Use Subtype Parkinq Re uirement Residential Studio 1.1 spaces per dwelling unit (Rental) 1 Bedroom 1,5 spaces per dwelling unit 2 Bedrooms 1.8 spaces iper dwelling unit 3 Bedrooms 2.0 spaces per dwelling unit Visitor P-prking 0.3 s aces per dwellin2 unit Residential Studio 1.4 spaces per dwelling unit 1.8 spaces per dwelling unit (Ownership) 1 Bedroom 2 Bedrooms 1.8 spaces per dwellinq unit 3 Bedrooms 2.0 spaces per dwelling unit Visitor Parkin 0.3 spaces Der dwellin unit 01-17-23 5.16.24 ALUC item #3 Page 22 17-120 Docu&gn Envelope ID, 624586F6-4069-4101-9D3A-300ECCE30F20 Planning Commission Resolution No. PC2024-006 Paqe 18 of 62 E. Review Process. Notwithstanding Sections 20.48.130(A) and 20.52.080, any residential or mixed - use development in the HO Overlay Zones that includes a minimum of 20% of the units reserved for very -low- and low-income residents shall not require a Site Development Review, but shall require an affordable housing implementation plan (AHIP) and shall meet all the following criteria: 1. All units designated as affordable to very -low and/or low-income residents shall be subject to a minimum 30- ear affordabilitV covenant 2. Affordable units shall reflect the range of numbers of bedrooms provided in the residential development project as a whole, but „may be smaller and have different interior finishes and features than market -rate units 3. Affordable units shall be comparable in the facilities provided e.g., laundry, recreation etc. and in the duality of construction and exterior design to the market -rate units; and 4. Affordable units shall be dispersed throughout the residential development. 01-17-23 5.16.24 ALUC Item 93 Page 23 17-121 DocuSign Envelope ID: 624586F6-4D69-4101-9D3A-300ECCE30F20 Planning Commission Resolution No. PC2024-006 Paqe 56 of 62 EXHIBIT "E" LOCAL COASTAL PROGRAM AMENDMENT The Coastal Land Use Plan (CLUP) of the City's Certified Local Coastal Program would be revised as follows, subject to California Coastal Commission review and approval: Current Policy Policy 2.1.2-1 Development in each district and corridor shall adhere to policies for land use type and density/intensity contained in Table 2.1.1-1, except as modified in Sections 2.1.3 to 2.1.8. Policy 2.1.10-1 Land uses and new development in the coastal zone shall be consistent with the Coastal Land Use Plan Map and all applicable LCP policies and regulations. NIA Revised Policy Policy 2.1.2-1 (revised) Development in each district and corridor shall adhere to policies for land use type and densitylintensity contained in Table 2.1.1-1, except as modified in Sections 2.1.3 to 2.1.8, and 2.1.11. Policy 2.1.10-1 (revised) Land uses and new development in the coastal zone shall be consistent with the Coastal Land Use Plan Map and all applicable LCP policies and regulations, except as modified by all Policies in the 2.1.11 series. Policy 2.1.11-1 (new) Accommodate housing opportunities through the adoption of housing opportunity overlay coastal zoning districts or other land use regulatory policy. The following areas are intended to be consistent with the Housing Element's focus areas. Properties within each overlay coastal zoning district should include, but are not limited to, sites identified in the Housing Element; however, not all sites must be included, and other sites may be identified in the future through rezoning unless precluded by state law. The City will reserve 25% of allocated dwelling units within the Coastal Zone until such a time as the City's Local Coastal Program has been amended to allow for housing consistent with the implementation of the 6i' Cycle Housing Element. Following the City's Local Coastal Program Amendment, priority for the reserved units will be given to sites located within the Coastal Zone. The goal is to ensure an adequate number of sites Citywide to accommodate the City's allocation of the Regional Housing Needs Assessment: Airport Environs: the intent is to support a density between 20 and 50 dwelling units per gross acre to accommodate up to 2,577 total dwelling units within the entire area, inclusive of those properties in the Coastal Zone. West Newport Mesa: the intent is to support a density between 20 and 50 dwelling units per gross acre to accommodate up to 1,107 total dwelling units within the entire area, inclusive of those properties in the Coastal Zone. Newport Center: the intent is to support a density between 20 and 50 dwelling units per gross acre to accommodate up to 2,439 total dwelling units within the entire area, inclusive of those properties in the Coastal Zone. 01-17-23 ATTACHWINTer5B Page 24 17-122 DocuSign Envelope 1D: 624686F6-4069-41o1-9D3A-300ECCE30F20 Planning Commission Resolution No. PC2024-006 Page 57 of 62 Current Policy Revised Policy ■ Dover 1 Westcliff: the intent is to support a density between 20 and 50 dwelling units per gross acre to accommodate up to 521 total dwelling units within the entire area, inclusive of those properties in the Coastal Zone. NIA Policy 2.1.11.2 (new) Residential use of any property included within an established housing opportunity overlay coastal zoning district is allowed regardless of and in addition to the underlying land use category or density limit established herein. An amendment to the Coastal Land Use Plan is not required to develop a residential use within an established housing opportunity zoning overlay coastal zoning district. The maximum density specified for the various overlay coastal zoning districts specified in Policy 2.1.11-1 is an average over the entire property or project site. For example, a portion of a development site may be developed at a higher density than specified by Policy 2.1.11-1 provided other portions of the site are developed at lower densities such that the average does not exceed the maximum. Density calculations and total units do not include units Identified as pipeline units or units permitted pursuant to State density bonus law. NIA Policy 2.1.11-3 (new) Residential opportunities are in addition to existing uses allowed by the Coastal Land Use Plan. Properties within the established overlay coastal zones are not required to be developed for mixed -use or residential. Existing uses may continue to operate provided they are legaily established and consistent with policies and regulations related to legal nonconforming uses. The adoption of housing opportunity overlay coastal zoning districts shall not affect existing rights to use the prope. NIA Policy 2.1.11.4 (new) If residential or mixed -use projects pursuant to a housing opportunity overlay coastal zoning district are developed, projects shall be consistentwith applicable overlaycoastal zoning district or Implementation Plan requirements unless modified consistent with an established procedure to grant relief from standards (e.g., Coastal Modification or Variance, or the application of Density Bonus regulations). 01-17-23 5.16.24 ALUC Item #3 Page 25 17-123 DocuSign Envelope ID: 624586F6-4D69-4101-9D3A-300ECCE3DF20 Planning Commission Resolution No. PC2024-006 Page 58 of 62 Chapter 21.28 (Overlay Coastal Zoning Districts [MHP, PM, B, C, And HI) of Title 21 (Local Coastal Program implementation Plan) of the NBMC would be amended as follows, currently shown in redline -strikeout format for ease of reference only, and subject to California Coastal Commission review and approval: Chapter 21.28 OVERLAY COASTAL ZONING DISTRICTS (MHP, PM, B, C, ANDH, AND HO) Sections: 21.28.010 Purposes of Overlay Coastal Zoning Districts. 21.28.020 Mobile Home Park (MHP) Overlay Coastal Zoning District. 21.28.030 Parking Management (PM) Overlay District. 21.28.040 Bluff (B) Overlay District. 21.28.050 Canyon (C) Overlay District. 21.28.060 Height (H) Overlay District. 21.28.070 Housing Oeportunity (HO)Overlay Coastal Zoning Districts. 21.28.010 Purposes of Overlay Coastal Zoning Districts. The purposes of the individual overlay coastal zoning districts and the manner in which they are applied are outlined below. An overlay district may be initiated as a Coastal Zoning Map amendment in compliance with Chapter 21.14 (Coastal Maps). All development shall comply with the applicable development standards (e.g., setbacks, height) of the underlying coastal zoning district in addition to the standards provided in this chapter, if any. In situations where an inconsistency occurs between the development standards of the underlying coastal zoning district and the standards in this chapter, the standards of the overlay district shall prevail. A. MHP (Mobile Home Parr) Overlay Coastal Zoning District. The MHP Overlay Coastal Zoning District is intended to establish a mobile home district on parcels of land developed with mobile home parks. The regulations of this district are designed to maintain and protect mobile home parks in a stable environment with a desirable residential character. B. PM (Parking Management) Overlay Zoning District. The PM Overlay Zoning District is intended to provide for areas where parking management plans are appropriate to ensure adequate parking. C. B (Bluff) Overlay Coastal Zoning District. The B Overlay District is intended to establish special development standards for areas of the City where projects are proposed on identified bluff areas, The specific areas are identified in Part 8 of this Implementation Plan (Maps). D. C (Canyon) Overlay Coastal Zoning District. The C Overlay District is intended to establish development setbacks based on the predominant line of existing development for areas that contain a segment of the canyon edge of Buck Gully or Morning Canyon. The specific areas are identified in Part 8 of this Implementation Plan (Maps). E. H (Height) Overlay District. The H Overlay District is intended to establish standards for review of increased building height in conjunction with the provision of enhanced project design features and amenities. (Ord. 2021-26 § 4, 2021; Ord. 2016-19 § 9 (Exh. A)(part), 2016) 01-17-23 5.16.24 ALUC Item #3 Page 26 17-124 DocuSign Envelope ID: 624586F6-4D69-4101-9D3A-300ECCE3oF20 Planning Commission Resolution No. PC2024-006 Paqe 59 of 62 F. HO (Housing Opportunity) Overlay Coastal Zoning Districts. The HO Overlay Coastal Zoning Districts are intended to accommodate housing OPPOrtUnities consistent with the Housing Element's focus areas and to ensure the City can meet its allocation of the Regional Housing Needs_ Assessment (RHNA). The specific areas are identified in Part 8 of this title (Maps). 21.28.060 Housing Opportunity (HO) Overlay_Coasta4 Zoning Districts. A. Applicability. This section applies to properties located in one of the Housing Opportunity (HO_) Overlay Coastal Zoning Districts as identified in Part 8 of this title. This includes the following subareas: 1. HO-1 - Airport Area Environs Area — The Airport Area Environs Area is located north of the Upper Newport Bay Nature Reserve, primarily around the John Wayne Airport. 2. HO-2 -West Newport Mesa Area —The West Newport Mesa Area is located near the southwest corner of the City and primarily consists of industrial properties along 1611 Street, Production Place, and 151h 'Street. 3. HO-3 - Dover-Westcliff Area — The Dover-Westcliff Area includes property on both sides of West Coast Highway and the west of Dover Drive. Properties in the Lido Village area are included. 4. HO-4 - Newport Center Area — The Newport Center Area is generally bounded by San Joaquin Hills Road, MacArthur Blvd, Coast Highway, and Jamboree Road. The above listed are general descriptions of each subarea and additional properties may be included with the subarea. To be eligible for the provisions of this chapter, the property must be listed on the HO area map as an "Opportunity Site". B. Uses Allowed. The following uses shall be permitted in the Housing Opportunity HO Overly Coastal Zoning Districts: 1. Any use that is permitted or conditionally permitted in the base zone; 2. Multiple -unit development that meets the density requirements set forth in this_ section 3. Mixed -use develoiDment that includes a residential component which complies with the minimum density set forth in this section; and 4. Residential supporting uses such as leasing/sales/property management offices, fitness facilities, recreation facilities, etc. C. Subarea Development Standards, 1. Development Standards. The followinq development standards shall apQ]Y to any residential or mixed -use project permitted pursuant to this section. Unless otherwise modified by this sections all applicable development standards, including any adopted objective design standards, shall apply. 01-17-23 5.16.24 ALUC Item #3 Page 27 17-125 DocuSign Envelope ID: 624586F6-4D69-410i-9D3A-300ECCE30F20 Planning Commission Resolution No. PC2024-006 Page 60 of 62 TABLE 21.28-1 DEVELOPMENT STANDARDS FOR HOUSING OPPORTUNITY OVERLAY ZONES Housing Opportunity Subareas _Development Feature HO-1 HO-2 HO-3 HO-4 Lot Size/Dimension Per Base Zone Lot area required per unit Minimum: 2-1 820 dulac Maximum: 871 50 dulac Minimum: 2,178 (20_du/ac Maximum: 871 (50 dufac� (Sq. ftT Setbacks Front 0 ft.(2) 10 ft.(2) 10 ft.(2)(3) 012) Rear 0 20 ft. 20 ft. 0 Side Street Side 0(2) 10 ft.(2) 10 ft.(2) 0 ft.(2) Height Per Base Zone 65 ft. 65 ft.(5) Per Base Zone(6) unless otherwise identified on the map Building Separation 10 ft. Floor Area Ratio (FAR) No restrictioO) Common Open Space(') Minimum 75 square feet/dwelling unit. (The minimum dimension [length and widthl shall be 15 feet.) Private Open Space 5% of the gross floor area for each unit. (The minimum dimension [length and widthl shall be 6 feet. Fencing See Section 21.30.040 (Fences, Hedges, Walls, and Retaining Walls . Landscaping See Section 21.30.075 (Landscaping) and 21.30,085(Water Efficient Landscaping), Lighting See Section 21.30.070 Outdoor Li htin Parking See Subsection D 2 below and Chapter 21.40 Off -Street Parkin . Signs See Chapter 21.30.065 Sign Standards). (1) Minimum/maximum allowable density range may be based on. a. n_average density of the entire protect site, ee cludina. density bonus units. (2) Ary portion of the buildinq that is over 20 feet in height shall be setback a minimum 20 feet from the street right -of Way (3) Except in the Mixed -Use Mariners Mile (MU-MM) Zoning District wherein residential uses are only allowed beginning 100 feet north of Coast Highway. (4) The combined total from both sides shall be 15 feet. (5) The height shall be limited to 35 feet in the Shoreline Height Limit Area, as identified in Map H-1. (6) The FAR in this table only applies to residential floor areat inoiudjnq any supporting facitities. In mixed -use developments, the FAR for nonresidential is still applicable. (7) For purposes of this section, common and private open space in HQ-1 may include enclosed shared amenities such as a clubhouse swimminq pool. tennis court, basketball court racquetball courtweightlifting facili children's playground equipment, sauna, iacuzzi, day care facility. or anv other recreational amen itiesffacllities as deemed approprIate by the Community Development Director 01-17-23 5.16.24 ALUC Item #3 Page 28 17-126 DocuSign Envelope ID: 624586F6-4D69-4101-9D3A-300ECCE30F20 Planning Commission Resolution No. PC2024-006 Paqe 61 of 62 2. Airport Area Environs Area HO-1 , The following development standards shall only appiv to projects with the Airport Area Environs Area: Sound Mitigation. The interior ambient noise level of all new residential dwellinq units shall meet applicable standards of the Section 10.26.030 Interior Noise Standards). An acoustical analysis report,_ Prepared „by an acoustical engineer, shall be submitted describing the acoustical design features of the structure that will satisfy the interior noise standard. The residential units shall be constructed, and noise attenuated in compliance with the report. b. Advanced Air Filtration. The design of all new residential and mixed -use residential developments shall include advanced air filtrations stems to promote cleaner air within living environments, Notification to Owners and Tenants. A written disclosure statement shall be prepared prior to sale, lease, or rental of a residential unit within the development. The disclosure statement shall indicate that the occupants will be living in an urban type of environment adlacent to an airport and that the noise, odor, and outdoor activity levels may be higher than a typal suburban residential area. The disclosure statement shall include a written description of the potential impacts to residents of both the existing environment (e.g., noise from planes, commercial activity on the site and vehicles streets) and potential nuisances based upon the allowed uses in the zoning district. Each and eye buyer, lessee or renter shall sign the statement acknowled in that they have received read and understand the disclosure statement. A covenant shall also be included within all deeds leases or contracts conveVinq any interest in a residential unit within the development that requires: (1) the disclosure and notification requirement staffed herein; 2 an acknowledgment by all grantees or lessees that the property is located within an urban type of environment and that the noise, odor, and outdoor activity levels may be higher than a typical suburban residential area; and (3) acknowledgment that the covenant is binding for the benefit and in favor of the City of Newport Beach. 3. West Newport Mesa Area HO-2 . The following development standards shall only apply to projects with the West Newport Mesa Area: a. West Newport Mesa Streetsca e Master Plan. Any residential or mixed -use residential development shall implement applicable components of the adopted West Newport Mesa Streetscape Master Plan. D. General Development Standards. The following development standards shall ar)piy to all promects within the Housing OpportunityOpportuOy zone regardless of subarea: 1. Landscaped Setbacks. ASI front and street side setbacks shall be landscaped, except for areas that provide vehicle and pedestrian access to the ri ht-of-wa . 2. Residential Off -Street Parkinq Requirements. Residential parking requirements for proKects within the Housing Opportunity Overlay Zones shall be provided in accordance with Table 21.28- 2 below. Parking for all other uses not included in this table shall be provided in accordance with Chapter 21.40 Off -Street Parking Requirements) of the NBMC. 01-17-23 5.16.24 ALUC Item #3 Page 29 17-127 DocuSign Envelope ID: 624686F6-4D69-4101-9D3A-30QFCCE3OF241 Planning Commission Resolution No. PC2024-006 Page 62 of 62 TABLE 21.28-2 RESIDENTIAL OFF-STREET PARKING FOR HOUSING OPPORTUNITY OVERLAY ZONES Land Use Subt e Parking Re uirement Residential Rental Studio 1 Bedroom 1.1 spaces per dwelling unit 1.5 spaces per dwelling unit 2 Bedrooms 1.8 spaces per dwelling unit 3 Bedrooms 2.0 spaces per dwelling unit Visitor Parking Studio 1 Bedroom 0.3 spaces per dwellin unit Residential {Ownership} 1.4 spaces per dwelling unit 1.8 spaces per dwelling unit 1.8 spaces per dwelling unit 2 Bedrooms 3 Bedrooms 2.0 spaces Der dwelling unit Visitor Parking 0.3 spaces per dwelling unit 01.17.23 5.16.24 ALUC Item #3 Page 30 17-128 P` s yr dp _ J # CN��° 65 dB,' f� • q CNiL60 dB � d • OAS �,'. - �' ,�' ,� ` 5 / • sr: / t. r �a 7 PLP r y4�55 oi''•v �� - �� L G� ♦ r �, { O ,Q 4 ° � Oe / N 9 Sl NOL v 7 � y Legend 3 ! ✓ rtS' 1�'+ 0 .'P ♦ City Boundary New Housing Sites !` 75 dB CNEL °. 70 dB CNEL PJ sr 65 dB CNEL a 7aU i,aao 60 dB CNEL Housing Sites Inventory (PA2017-141 } HH J VFWPPA� .- JWA CNEL Noise Contours O,°°f"Pw°°r'R`n,h A l l `�` E r 3 17-129 F �bS %NE AV& i ak t�,QS�TyQ R Fs� Q� 50' APR.5URF 2 00 Bq�,K BAY Dlp ! Ltd CY- Ile- G � f 9pj� Uj LU cy 5' fn' S11�` DR o.�::. T: D Legend JWA Obstruct imaginary Surface 0.00 �P,QA 57 — City Boundary New Housing Sites Housing Sites Inventory (PA2017-141NE-AS JWA Obstruction Imaginary Surface City of Newport Beach G* DWki. (Airport ALUC" WffPage ATTACHME 17-130 City of Newport Beach Housing Element Implementation Program Amendments ALUC Submittal, April26, 2024 EXHIBIT Q-Obstruction Imaginary Surfaces 5.16.24 ALUC Item 43 Page 33 17-131 14 ?^ y+S�14. f �� 411 12-0 v. 05 22 06 k ! I Cv y sfi• I �' OL, UPI Park j . k j r E AVM:AyYk 01 ol IA 11 l4 ,Bayview Park 4 � i ` 1 741 = Legend — - � �• City Boundary JWAAirport Safety Zones: RW2R20L 1 ' aAsr JWAAirport Safety Zones. RW2L20R +s: CJJ eve, ®New Housing Sites W7 Housing Sites Inventory (PA2017-141)f'`E of Newpprt Beach JWA Safety Z`�I5a,v,5Ton � - ATTACH -ME Q, ust 24, 1 TAEi'!C"item' Page 4 IA201 r-1 a 1 _3.f& ._zo. -,tea 17-132 City of Newport Beach Housing Element Implementation Program Amendments ALUC Submittal, April 26, 2024 EXHIBIT C - Airport Safety Zones S.MiF, n. u i� rn N 4P n r C C� rD 3 xx W T7 ni M rD W UZ 6 2 S ro 0 S • r p7 A,M •� w spa / 70 ,■ /6a �� ` 14 $7 a /. 1' 41 oz rl u / Ir ss •e- 735 ! / M r• 1, ]lrl'4 IN' 'S / / 4 E 1 Short Genera:Aviation KtUnw�y Medium General Aviation Runway r City B0Undaay focus Area Airport Area Housing Sites 0 il_1 i}.2 f?.d hf.ife, 17-133 JOWN WAYNE AIRPORT ORANGE COUNTY ter; n uu^ John Wayne Airport Access & Noise Office , gar• .� a �dr ,w .Y� r r ��.: �r 1` '' ,i �►.' s. !I�! �lt�,� .•r r —J4,.x • r j r : -� �'n� s J f (r1r..pj�� 'ir�f�ffy•�'/ ��:��'. •�i .* � �r�')f"L""';ti - w Y' �� I ' y' it/'; i • jf � ! �' ' r4 "i► . �i� , • ' � �rti1,rr �+� - '1SI - .�:� ••v.r _ T�94, f� 11�i'R4•*�1 ri'^s�►,15w.'�I VY �•* R77 �r _ /f_ 1�5a 'Yr�\ ^�r `!,I/�I:•f�F y jr - r, ',�. r • Al � ., �� {j�Jy _�� ` y4�'. n Im�'�F ,f.�iys+�*a *•. 'P�j i' f' � _,�i .B r j ��°� �� s ^ 'C •� �rf��yy• e f /r��/ ,' s� ti. V•• ` 14L dl A -A NRS : �•r I ��e�nM�'_ IF +.• pa; Nesalr . �'�41�f� ^�,' s(r„ +''"'�F 'S '�,� .f: ; �,: 1/ l I �1 �` 1 I� i ` � 5•r ^� f ._��'�.,.• ` � � ' �� • r4*'✓ J�._l', ••, �.,rY 4 � �?y. c� � i �1 I -[ /�-far it K� t2 J i•• .'�l .I...%�P _ _ A _ h'-�+- _ k- •;l v ! 1 ►• �• f �� `� r� .fir, I / �14 : 'ti _ � i �. a •t .F�EI r SJ 'S ,1. T r' InScr! •i �� 7 - i• i��., t t � r1 s +esc'r JOHN WAYNE AIRPORT ORANGE COUNTY r.•• J uu^ � John Wayne Airporf Access & Noise Office it --� • r "� F. 6- s,t�a F, ♦ �� \� r Ad r 'C1 •;�.._,�I Y Pa Fo - -`� / lip, 4 ( /' vsy . � )� r� y.,✓ %� I , ,,, �, f„ � / /.! ems/ Ae AN r • +� t d� i {� '� s ARSH y ��,z � � .� �; ., ,. Syr' ., _, ,�„ -s :� r� � ,, v � �•.�y:.., % � . ? �' "P,f�" / K+J ;4 'Syr •,� • 8il 4rj •M Ft 4 . r ��.Santa 71ti/�� *i yl' a ti* .f +F- !•fir i�' p44.. -r . �]Tli3-:/��.'F J.f'-` ��. ` tn4 .:. r ; +'A'• _S r �y� yy � l.iat<" - . N 1 �. .. •. i�iC ~iir� - y a`�•A r e JOHN WAYNE AIRPORTORANGE COUNTY John Wayne Airport Access & Noise Office 11 f w I -� 1. =J: i%`,�. l ♦ � AA atle .�+.s �_ �, � � f�! 'rjiQ•� _ '� i� � � war ii�+rf ` _ � . .-*G� 4r'�'" .s.�•' �4rp. jra i S; •..i+ :-w;.O r. 5t51,1'':r�5ruri';' I' f%•.,, f -' - - x.Jr. II ART lo h. .Ara 4ytn �[7i J T+., � �' r�s�� r,'•� % � *! : J � n w L* " �'%• - v y- vrF,l R - �f yJ�f �! ,•�. ' -,� It/ _ ; 0• sa fn .► . � , f •,t +s �' �fi ti. � � --':cry _ `yc � ll _ ,ter. �f' 3.��'�i F�• � _ .�~ :` ." � � � .,...3 - - T� .�' �, .Gi `! o.-'.�- f 1 <;4: ,i•�� 1. �i�i .r r _ n 1� [� '7T�j�"4�"' 5 t \k�� H.7. " �� • r,, r 7f YID \ �� El St [t.l 41 -:�' ; r ` i ��• /f • ` ', •t �,y .,y,�1'y , .is l4, ORS IY J:s• f.`r. r 1 - �� Ivv � j In .. �.r �i� '[,�.• Prle. nP r. ,.��-r� �� ,� y, a � ,,.. OH F>ih- w � � �''� � '� • ter_ '� �'' '•'i �� ,� - - ` �, �• 10 ,-P-"W � `l , �,�4 � � �. ni, � , 101 .` �rr--J\ 1 ! �' � r i ' - f. r� � �i • i '-1• -- y, `.�I T � ` � - y �- S' -•. So urce� John �•r'�+ r / I � �'�� - r �., . � Jn r p,SY (1- -. ttr• t7�i~ �•`' i . 1 1• i 111 4A f � it - !. .1,Wayne Airport, Orange li �'. i' :.. � ! - �: .aa - .,�. �'` ..-',�1•'S"-,f ;J.ki+t�;?k�"3»m7� 6Pfil:- .AEI n'ic 'iilEfie/t�Rl. aL+.+iM+e� 'll ,��W�POO U Z L'q<iFpftN�P April 26, 2024 Julie Fitch, Interim Executive Officer Airport Land Use Commission for Orange County 3160 Airway Avenue Costa Mesa, CA 92626 CITY OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 949 644-3200 newportbeachca.gov/communitydevelopment I* REOSVED APR 2 6 2024 AiI"j3RT LAND USE CCMMIS91'* RE: City of Newport Beach Housing Element Implementation Program Amendments Dear Ms. Fitch, Pursuant to Section 4.3 (Amendments to General Plans and Specific Plans (Zoning]) of the Airport Environs Land Use Plan (AELUP) for John Wayne Airport, the City of Newport Beach (City) requests that the Airport Land Use Commission (ALUC) review the City's proposed amendments to the General Plan Land Use Element, Title 20 (Planning and Zoning) of the Newport Beach Municipal Code (NBMC), and Local Coastal Program for consistency with the Airport Environs Land Use Plan (AELUP) at its meeting on May 16, 2024. As you are aware, the State of California (State) is presently in and has been experiencing a housing crisis that is continuously evidenced through State mandates, like the Regional Housing Needs Assessment (RHNA), and legislative updates. Over the past four years, City staff has worked alongside the City's Housing Element Update Advisory Committee (HEUAC), the consultant team, the community, Planning Commission, and City Council, as well as ALUC, to prepare the 61 Cycle General Plan Housing Element update (Housing Element). In September 2022, the City Council adopted the Housing Element and in October 2022, the State Department of Housing and Community Development (HCD) certified the Housing Element and statutorily compliant. It is notable that the City's 6th Cycle RHNA allocation of 4,845 new units represented a nearly 1,000-fold increase of its 51h Cycle RHNA allocation and further represented about a 10-percent increase of the City's current housing stock. Given this unprecedently high allocation and the City's numerous constraints identified in Housing Element Section 3 (Housing Constraints and Resources), the sites identified within Appendix B of the Housing Element were identified after a citywide search, with approximately 25 percent of all identified sites being within the Airport Area. Please note, the amendments proposed with this submittal are simply carrying forward the implementing actions identified within Section 4 (Housing Plan) of the Housing Element, which was previously reviewed by ALUC on September 16, 2021. Under State law, the City must implement the Housing Element through rezoning no later than February 2025, l believe the enclosed materials adequately address all the required information your office needs to evaluate and bring our application to hearing on May 16, 2024. Should this not be the case, please know ATTACHMENT 10 5.16.24 ALUC item the City is committed to providing any additional information necessary to constitute a complete application and stands ready to provide such information at a moment's notice. can be reached at 949-644-3253 or via email at bzdeba new ortbeachca. ov. You may also reach out to Acting Deputy Community Development Director Jaime Murillo at 949-644-3209 or via email at 0murillo(d,)newportbeachca.aov. Thank you for your time and consideration of our application. The City looks forward to collaborating with ALUC and ALUC staff on this matter. Sincerely, B ja i d a, AICP, Principal Planner Attachments. 1 a. General Plan Amendment Submittal Form and Checklist 1 b. Zoning Code Amendment Submittal Form and Checklist 1c. Local Coastal Program Amendment Submittal Form and Checklist 2. Planning Commission Resolution No. PC2024-006 3. April 18, 2024, Planning Commission Staff Report with Attachments 4. Strikethrough-Underline Versions or Matrices of All Revisions 5. AELUP and City Noise, Height, and Safety Consistency Analysis Exhibits: A. Notification Area/Planning Area B1, 2008 AELUP Noise Contours B2. City Noise Element Noise Contours C. Airport Safety Zones D. Obstruction imaginary Surfaces 5.16.24 ALUC Item #3 Page 40 17-138 f gRAIaK,FId CpYJNr AIRPORT LAND USE COMMISSION �1-u7c FOR ORANGE COUNTY SUBMITTAL FORM GENERAL PLAN • sPECIFfC Pf=AN • zCENING CEDE 1. Name of City or County: Newport Beach 2. Contact Information - Name/Title Benjamin M. Zdeba, AICP, Principal Planner Agency: City of Newport Beach Address: 100 Civic Center Drive, Bay B, Newport Beach, CA 92660 Phone/email : 949-644-3253/bzdeba@newportbeachca.gov 3. Airport Planning Area(s): 0 John Wayne Airport ❑ Fullerton Municipal Airport ❑ JFTB - Los Alamitos 4. Item being submitted for review (submit each item separately): General Plan Amendment Name of General Plan Element, Specific Plan or Planned Community: Housing Klement Implementation Program Amendments 5. Scheduled date of Planning Commission Public Hearing:4/18/2024 6. Tentative date of City Council/Board of Supervisors Public Hearing: 7123/2024 7. Requested date of ALUC Review: May 18 (Complete submittals must be received by thefirst day of the month for the next meeting). 8. Does the item submitted propose a change of land use or heights within the airport Notification/Planning Area*? ❑ No (skip items # 9-12). ® Yes (continue below). 9. Does the item propose a change of land use within the E60 CNEL or ©65 CNEL noise contours of the airports)*? Please attach an exhibit showing location(s) of the proposed new uses in relation to noise contours. 10. Are noise policies or mitigation measures identified in the proposed item or elsewhere in the General Plan? ❑ No 0 Yes - Please attach pages with current (and proposed if applicable) noise policies/mitigation measures highlighted. 11. Does the item submitted propose a change of land use within the Runway Protection Zone (RPZ), Clear Zone (CZ), or Airport Safety Zones of the airport*? ❑ No ® Yes - Please attach exhibit showing location(s) of proposed uses. 12. Does the item submitted propose a change of land use within the Obstruction Imaginary Surfaces*? ❑ No ® Yes 13. Please indicate current N/A and proposed N/A maximum heights allowed. 5.16.24 ALUC Item #3 Page 41 Continued on next page. 17-139 Page 2 SUBMITTAL CHECKLIST: General Plan • Specific Plan • Zoning Code © Cover letter on City/County letterhead. © Completed Submittal Form. ® Link to existing Land Use Element - https://www.newportbeachca.gov/PLN/General Plan/04 Ch3 Land_Use web.pdf and proposed (Attachment 2) General Plan Element, Specific Plan or Zoning Code for this submittal. © Attachment showing proposed changes to General Plan Element, Specific Plan or Zoning Code Section(s) with strikethrough/underline. • Exhibit showing location(s) of proposed new uses within the Notification Area/Planning Area for airport(s). ® Exhibit showing location(s) of proposed new uses in relation to noise contours for airport(s). © Exhibit showing location(s) of proposed new uses in relation to Airport Safety Zones. © Exhibit showing location(s) of proposed new uses in relation to the Obstruction Imaginary Surfaces. 0 Attachment showing current and proposed noise policies/mitigation measures. ® Explanation of how the General Plan, Specific Plan, or Zoning Code address the AELUP standards for noise impact, safety compatibility, and height restriction zones. See Attachment 3. © Describe height and density changes in cover letter and attach pages of General Plan, Specific Plan and/or Zoning Code where maximum heights are specified. *For airport planning/notification areas, noise contours, safety zones and obstruction imaginary surfaces see Appendix D of the applicable Airport Environs Land Use Plan (AELUP) at: htt s: www.ocair.com about administration air ort- overnance commissions air art -land -use - commission/ Noise sensitive uses include but are not limited to community facilities such as: churches, libraries, schools, preschools, day-care centers, hospitals, and nursing/convalescent homes. Mail or Email Submittal Form, Checklist and attachments to: Airport Land Use Commission for Orange County, Attn: Executive Officer, 3160 Airway Avenue, Costa Mesa, CA 92626 / Phone: (949) 252-5170 ALUCinfo@ocair.com 5.16.24 ALUC Item #3 Page 42 03.23 17-140 ORANOW COUNT` AIRPORT LAND USE COMMISSION Luc FOR ORANGE COUNTY SUB_NIITTAL FO..RM: GENER. AL PLAN •SPECIFIC PLgN •ZONING 66E' 1. Name of City or County: Newport Beach 2. Contact Information - Name/Title Benjamin M. Zdeba, AICP, Principal Planner Agency: City of Newport Beach Address: 100 Civic Center Drive, Bay B, Newport Beach, CA 92660 Phone/email: 949-644-3253/bzdeba@newportbeachca.gov 3. Airport Planning Area(s): ® John Wayne Airport ❑ Fullerton Municipal Airport ❑ JFTB - Los Alamitos 4. Item being submitted for review (submit each item separately): Zoning Code Amendment Name of General Plan Element, Specific Plan or Planned Community. Housing Element Implementation Program Amendments 5. Scheduled date of Planning Commission Public Hearing: 4/18/2024 6. Tentative date of City Council/Board of Supervisors Public Hearing: 7/2312024 7. Requested date of ALUC Review: May 18 (Complete submittals must be received by the first day of the month for the next meeting). 8. Does the item submitted propose a change of land use or heights within the airport Notification/Planning Area*? ❑ No (skip items # 9-12). ® Yes (continue below). 9. Does the item propose a change of land use within the M60 CNEL or 065 CNEL noise contours of the airports)*? Please attach an exhibit showing location(s) of the proposed new uses in relation to noise contours. 10. Are noise policies or mitigation measures identified in the proposed item or elsewhere in the General Plan? ❑ No N Yes -Please attach pages with current (and proposed if applicable) noise policies/mitigation measures highlighted. 11. Does the item submitted propose a change of land use within the Runway Protection Zone (RPZ), Clear Zone (CZ), or Airport Safety Zones of the airport*? ® No ® Yes - Please attach exhibit showing location(s) of proposed uses. 12. Does the item submitted propose a change of land use within the Obstruction Imaginary Surfaces*? ® No ® Yes 13. Please indicate current N/A and proposed N/A maximum heights allowed. 5.1.6.24 ALUC Item #3 Page 43 Continued on next page. 17-141 Page 2 SUBMITTAL CHECKLIST: General Plan • Specific Plan • Zoning Code ® Cover letter on City/County letterhead. © Completed Submittal Form. ® Link to existing Zoning Code - https://www.codepublishing.com/CA/NewportBeach/#l/NewportBeach20/NewportBeach2O.ht ml and proposed Attachment 2 General Plan Element, Specific Plan or Zoning Code for this submittal. ❑x Attachment showing proposed changes to General Plan Element, Specific Plan or Zoning Code Section(s) with strikethrough/underline. • Exhibit showing location(s) of proposed new uses within the Notification Area/Planning Area for a irport(s). 0 Exhibit showing location(s) of proposed new uses in relation to noise contours for airport(s). © Exhibit showing location(s) of proposed new uses in relation to Airport Safety Zones. 0 Exhibit showing location(s) of proposed new uses in relation to the Obstruction Imaginary Surfaces. © Attachment showing current and proposed noise policies/mitigation measures. 0 Explanation of how the General Plan, Specific Plan, or Zoning Code address the AELUP standards for noise impact, safety compatibility, and height restriction zones. Attachment 3 0 Describe height and density changes in cover letter and attach pages of General Plan, Specific Plan and/or Zoning Code where maximum heights are specified. *For airport planning/notification areas, noise contours, safety zones and obstruction imaginary surfaces see Appendix D of the applicable Airport Environs Land Use Plan (AELUP) at: https://www.ocair.com/about/administration/airport-governance/commissions/airport-land-use- commission/ Noise sensitive uses include but are not limited to community facilities such as: churches, libraries, schools, preschools, day-care centers, hospitals, and nursing/convalescent homes. Marl or Email Submittal Form, Checklist and attachments to: Airport Land Use Commission for Orange County, Attn: Executive Officer, 3160 Airway Avenue, Costa Mesa, CA 92626 / Phone: (949) 252-5170 ALUCin o ocair.com 5.16.24 ALUC Item #3 Page 44 03.23 17-142 giLhYis?E C4YJN'x' AIRPORT LAND USE COMMISSION FOR ORANGE COUNTY SUBMITTAI. FORM GENERAL PLAN • SPECIPIC PIAN ZONING CODE I. Name of City or County: Newport Beach 2. Contact Information - Name/Title Benjamin M. Zdeba, AICP, Principal Planner Agency: City of Newport Beach Address: 100 Civic Center Drive, Bay B, Newport Beach, CA 92660 Phone/email: 949-644-3253/bzdeba@newportbeachca.gov 3. Airport Planning Area(s): ® John Wayne Airport ❑ Fullerton Municipal Airport ❑ JFTB - Los Alamitos 4. Item being submitted for review (submit each item separately): Glick hereto choose, Name of General Plan Element, Specific Plan or Planned Community: (Local coastal Program Amendment) Housing Element Implementation Program Amendments 5. Scheduled date of Planning Commission Public Hearing: 4/1812024 6. Tentative date of City Council/Board of Supervisors Public Hearing: 7/23/2024 7. Requested date of ALUC Review: May 18 (Complete submittals must be received by the first day of the month for the next meeting). S. Does the item submitted propose a change of land use or heights within the airport Notification/Planning Area*? ❑ No (skip items # 9-12). ® Yes (continue below). 9. Doesthe item propose a change of land use within the M60 CNEL or 965 CNEL noise contours of the airports)*? Please attach an exhibit showing location(s) of the proposed new uses in relation to noise contours. 10. Are noise policies or mitigation measures identified in the proposed item or elsewhere in the General Plan? ❑ No ® Yes - Please attach pages with current (and proposed if applicable) noise policies/mitigation measures highlighted. 11. Does the item submitted propose a change of land use within the Runway Protection Zone (RPZ), Clear Zone (CZ), or Airport Safety Zones of the airport*? ❑ No © Yes - Please attach exhibit showing location(s) of proposed uses. 12. Does the item submitted propose a change of land use within the Obstruction Imaginary Surfaces*? ❑ No 0 Yes 13. Please indicate current N/A and proposed N/A maximum heights allowed. Continued on next page. 5.16.24 ALUC Item #3 Page 45 17-143 Page 2 SUBMITTAL CHECKLIST: General Plan • Specific Plan • Zoning Code ® Cover letter on City/County letterhead. ® Completed Submittal Form. © Link to existing CLUP - https://www.newportbeachcagoovIPLN/LCJlnternet%20PDFs/CLUP Part%202 Land%20Use%2 Oand%2ODevelo ment. df and lP - htt s: www.code ublishin .com CA New ortBeach #1 New ortBeach2l New ortBeach2l.ht ml and proposed Attachment 2 General Plan Element, Specific Plan or Zoning Code for this submittal. ® Attachment showing proposed changes to General Plan Element, Specific Plan or Zoning Code Sections) with strikethrough/underline. ® Exhibit showing location(s) of proposed new uses within the Notification Area/Planning Area for airport(s). ® Exhibit showing location(s) of proposed new uses in relation to noise contours for airport(s). ® Exhibit showing location(s) of proposed new uses in relation to Airport Safety Zones. ® Exhibit showing location(s) of proposed new uses in relation to the Obstruction Imaginary Surfaces. ® Attachment showing current and proposed noise policies/mitigation measures. ® Explanation of how the General Plan, Specific Plan, or Zoning Code address the AELUP standards for noise impact, safety compatibility, and height restriction zones. Attachment 3 © Describe height and density changes in cover letter and attach pages of General Plan, Specific Plan and/or Zoning Code where maximum heights are specified. *For airport planning/notification areas, noise contours, safety zones and obstruction imaginary surfaces see Appendix D of the applicable Airport Environs Land Use Plan (AELUP) at: htt s: www.ocair.com about administration air ort- overnance commissions air ort-land-use- commission/ Noise sensitive uses include but are not limited to community facilities such as: churches, libraries, schools, preschools, day-care centers, hospitals, and nursing/convalescent homes. Mail or Email Submittal Form, Checklist and attachments to: Airport Land Use Commission for Orange County, Attn: Executive Officer, 3160 Airway Avenue, Costa Mesa, CA 92626 / Phone: (949) 252-5170 ALUCinfbPocoir.corn 5,16.24 ALUC Item #3 Page 46 03.23 17-144 DocuSign Envelope ID: 624586F6-4D69-4101-9D3A-300ECCE3OF20 RESOLUTION NO. PC2024.006 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH, CALIFORNIA, RECOMMENDING THE CITY COUNCIL CERTIFY AN ENVIRONMENTAL IMPACT REPORT, INCLUDING A MITIGATION MONITORING AND REPORTING PROGRAM AND A STATEMENT OF OVERRIDING CONSIDERATIONS WITH CEQA FINDINGS, AND AMENDMENT TO THE GENERAL PLAN, COASTAL LAND USE PLAN, AND TITLE 20 (PLANNING AND ZONING) AND TITLE 21 (LOCAL COASTAL PROGRAM IMPLEMENTATION PLAN) OF THE NEWPORT BEACH MUNICIPAL CODE TO IMPLEMENT THE GENERAL PLAN 6TH CYCLE HOUSING ELEMENT IN COMPLIANCE WITH STATE LAW (PA2022-0245) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1, STATEMENT OF FACTS. Every eight years, state law requires the City of Newport Beach ("City") to update its Housing Element, one of the seven mandatory elements of the Newport Beach General Plan, which identifies and analyzes existing and projected housing needs within their jurisdiction. 2. Newport Beach was assigned a Regional Housing Needs Allocation ("RHNA") allocation of 4,845 homes as its projected housing needs for the planning period covering 2021- 2029. 3. As a result, the City prepared the 6th Cycle Housing Element, which covers the planning period from 2021-2029 ("6th Cycle Housing Element") to plan for the 4,845 new housing units. 4. Preparation of the 6th Cycle Housing Element involved extensive public participation with community groups at numerous workshops, as well as meetings with the Planning Commission and City Council, and was assisted the Housing Element Update Advisory Committee (HEAUC), which was an ad-hOC committee formed and appointed by the City Council. 5. In accordance with state law, the 6th Cycle Housing Element for the 2021-2029 planning period was adopted by the City Council on September 13, 2022, and certified as statutorily com pliant with state law by the State Departmentof Housing and Community Development ("HCD") on October 5, 2022. 6. Section 4 (Housing Plan) of the 6th Cycle Housing Element presents a framework and strategy for meeting the needs of existing and future resident populations based on the RHNA allocation of 4,845 new housing units, the "fair share" of regional housing need and demand. 5,16.24 ALUC Item #3 Page 47 17-145 DocuSign Envelope ID: 624686F6-4D69-4101-9D3A-300ECCE30F20 Planning Commission Resolution No. PC2024-006 Pa e 2 of 62 7. The 61" Cycle Housing Element identifies the following site groupings or "focus areas" that are best suited to accommodate the City's RHNA planning obligation: • Airport Area Environs West Newport Mesa Newport Center • Dover/Westcliff • Coyote Canyon 8. The 61" Cycle Housing Element opportunity sites are to be rezoned per Housing Element Policy Actions 1A through 1 F to accommodate the City's RHNA obligation, including a buffer necessary to address future "no net loss" of available sites and to preclude the need to identify replacement sites during the 6t" Cycle implementation. Rezoning includes the establishment of overlay zoning districts and accompanying development standards, as well as corresponding amendments to the Land Use Element of the General Plan and the Local Coastal Program. 9. To comply with state law, the City has been working diligently to implement the planning strategy outlined in Section 4 (Housing Plan) of the 6t" Cycle Housing Element no later than February 2025. The implementing programs and strategies ("6t" Cycle Housing Element Implementation") include the following amendments and actions: • General Plan Amendment ("GPA"). To revise the necessary goals and/or policies within the City's Land Use Element to support housing production in the focus areas identified by the Housing Element; • Amendment to Title 20 (Planning and Zoning) of the NBMC ("ZCA"). To implement the Land Use Element's policy changes by allowing housing development as an opportunity and establishing appropriate development standards create objective design and development standards for muiti-unit residential and mixed use development projects; Local Coastal Program Amendment ("LCPA"). To revise and create new policies within the City's Coastal Land Use Plan and to update Title 21 (Local Coastal Program Implementation Plan) of the Newport Beach Municipal Code ("NBMC") to support housing production in the focus areas identified by the 61" Cycle Housing Element and within the Coastal Zone; and • Program Environmental Impact Report (SCH No. 202306.0699). To analyze potential environmental impacts under the California Environmental Quality Act ("CEQA") related to the implementation of the 6th Cycle Housing Element through providing additional housing development capacity. 10. Certain components of the 6t" Cycle Housing Element Implementation constitute a "Major Amendment" as defined in Section 423 (Protection from Traffic and Density) of Article IV 09-17-23 5.16.24 ALUC Item #3 Page 48 17-146 DocuSign Envelope ID: 624586F6-4D69-4101-9D3A-300ECCE3OF20 Planning Commission Resolution No. PC2024-006 Page 3 of 62 of the City's Charter; therefore, they individually and/or collectively require a majority vote of the electorate. 11. The 6fh Cycle Housing Element Implementation must take effect by February of 2025 to avoid significant penalties authorized under by state law, including but not limited to: • Increased exposure to public and private litigation; • Loss of permitting authority; • Financial penalties, including monthly fines from $10,000 to $100,000; • Loss of eligibility for state and regional funding sources; • Court receivership; • Senate Bill 35 ("SIB 35") streamlined ministerial approval process; and • Increased exposure to monitoring by the newly formed Housing Accountability Unit of HCD. 12. SB 35 provides for a "builder's remedy" that allows developers of affordable housing projects to bypass the zoning code and general plan of cities that are deemed non- compliant with state law by effectively ignoring height limits, density limits, and other regulations that make for thoughtfully planned development. Cities are effectively prohibited from denying a "builder's remedy" project except in unique circumstances, resulting in a loss of local control. 13. A public hearing was held on April 18, 2024, in the Council Chambers at 100 Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of the public hearing was given in accordance with California Government Code Section 54950 et seq. ("Ralph M. Brown Act") and Chapters 20.62 (Public Hearings) and 21.62 (Public Hearing) of the NBMC. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this public hearing. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. A draft program Environmental Impact Report (State Clearinghouse Number 2023060699) ("DEIR") has been prepared in compliance with the CEQA set forth in Public Resources Code Section 21000 et seq., the State CEQA Guidelines set forth in 14 California Code of Regulations Section 15000 et seq., and City Council Policy K-3. 2. The DEIR was circulated for a 46-day comment period beginning on February 12, 2024, and ending on March 28, 2024. The Environmental Impact Report ("EIR"), which includes the DEIR, comments, and responses to the comments as of the public hearing date, is being considered by the Planning Commission in its review of the Wh Cycle Housing Element Implementation. 3. The Planning Commission finds that the EIR has been prepared and completed in compliance with CEQA and City Council Policy K-3. 4. The Planning Commission finds that the EIR reflects the independent judgment and analysis of the City. N-17-23 5.16.24 ALUC Item #3 Page 49 17-147 DocuSign Envelope ID; 624586F6-4D69-4101-9D3A-300ECCE30F20 Planning Commission Resolution No. PC2024-006 Page 4 of 62 5. The Planning Commission reviewed and considered the information contained in the EIR prior to forwarding its recommendation on the amendments to the General Plan, NBMC, and Local Coastal Program. B. Given the programmatic nature of the EIR, any one site within a focus area that exceeds a threshold of significance causes the need to explore mitigation for the corresponding topic area. Accordingly, the EIR discloses significant and unavoidable impacts relating to aesthetics, air quality, cultural resources, greenhouse gas ("GHG") emissions, noise and utilities and service systems and potentially significant environmental impacts related to geology and soils, tribal cultural resources and wildfire that may directly or indirectly result from the project but would be reduced to a less than significant level of impact by the mitigation measures specified in the EIR. SECTION 3. FINDINGS. General Plan Amendment An amendment to the City's General Plan Land Use Element is a legislative act. Neither Title 20 (Planning and Zoning) of the NBMC nor California Government Code Section 65000 et seq., set forth any required findings for either approval of such amendments. Notwithstanding the foregoing, the following amendments to the General Plan Land Use Element will create internal consistency with the certified 60 Cycle Housing Element: Findings and Facts in ,Support of Finding: According to General Plan Implementation Program 1.2, revisions and updates of the General Plan must be made in accordance with the Vision Statement. While it is being reviewed as part of the comprehensive General Plan update, as presently written, it is the City's intention to be a residential community, balanced with supporting nonresidential uses, job opportunities, and visitor and recreational services and amenities. Furthermore, the Vision Statement calls for "a range of housing opportunities that allows people to live and work in the City." 2. Implementation Program 1.2 further states that amendments to accommodate the City's "fair share" of regional housing demand will be considered in context of these visions and the goals stipulated by the General Plan. Adoption of the proposed Amendment will support the 6th Cycle Housing Element adopted in the context of the visions and goals stipulated by the General Plan. 3. The proposed Amendment, attached to this resolution and incorporated herein, is in full compliance with the Section 4 of the 6tn Cycle Housing Element as presented below: 01-17-23 5.16.24 ALUC Item #3 Page 50 17-148 DocuSign Envelope ID: 624586F6-4D69-4101-9D3A-300ECCE30F20 Planning Commission Resolution No. PC2024-006 Page 5 of 62 61h Cycle Housing Element Implementation Measures Housing Goal #1. Provision of adequate sites to accommodate projected housing unit growth needs within the following identified housing opportunity sites: • Airport Area Environs • West Newport Mesa • Newport Center • Dover/WestclifF • Banning Ranch • Coyote Canyon Housing Goal #2. Quality residential development and preservation, conservation, and appropriate redevelopment of housing stock. Housing Goal #3. A variety of housing types, designs, and opportunities for all social and economic segments. Housing Goal #4. Housing opportunities for as many renter- and owner -occupied households as possible in response to the market demand and RHNA obligations for housing in the City. Amendments in Support of Housing Element's Implementation Measures Revised Policies LU 1.1 through LU 1.5 emphasize the goal of balancing the needs of residents, businesses, and visitors through the recognition that Newport Beach is primarily a residential community. The polices underscore the need to preserve and enhance residential neighborhoods. The identified sites direct new housing opportunities outside of established residential neighborhoods. The amended Policies ensure the continued recognition that Newport Beach is primarily a residential community. Revised Policies LU 2.2 and LU 2.5 call for supporting the development of uses that allow the City to be a complete community and indicate that harbor and waterfront uses contribute to the charm and character of the City and provide needed support for residents. Revised Policy 3.3 (Transition of Land Uses) calls for supporting residential opportunities in West Newport Mesa; residential infill development along Balboa Boulevard corridor and facilitating workforce housing in proximity to jobs, transportation and services in West Newport Mesa and the Airport Area; and providing for housing opportunities that complement nonresidential uses in the Coyote Canyon Landfill site. Revised Goal LU 4 Manage growth and change to: • Support the livability of existing neighborhoods. • Support residential opportunities that accommodate the City's share of the Regional Housing Needs Assessment. • Promote new uses that are complimentary to already existing neighborhoods and uses. • Achieve distinct and economically vital business and employment districts. • Correlate with supporting infrastructure and public services. • Sustain Newport Beach's natural setting. The above amendment supports Housing Goal #1 as it accommodates Citv's share of RHNA. 01-17-23 5.16.24 ALUC Item #3 Page 51 17-149 DocuSign Envelope ID: 624586F6-4D69-41 01 -9D3A-300ECCE30 F20 Planning Commission Resolution No. PC2024-006 Page 6 of 62 6t" Cycle Housing Element Amendments in Support of Housing Element's Implementation Measures Implementation Measures Revised Policy LU4.1 (Land Use Diagram) clarifies that density limits exclude increases allowed through the application of density bonus laws as stipulated also by state law. New Policies 4.4 (Rezoning to Accommodate Housing Opportunities); 4.5 (Residential Uses and Residential Densities); 4.6 (Continuation of Existing Development); and 4.7 (Redevelopment and Transfer of Development Rights) all support Ern Cycle Housing Element Implementation Measures. These policies stipulate that residential opportunities are to be established as overlay zones which allow for existing uses to continue. Opportunities for by - right development, when at least 20% or more units are affordable to lower -income households, ensures housing opportunities for all social and economic segments and ensures streamlined project review. Revised Policy LU 5.1.3 (Neighborhood Identification) calls for the establishment of objective design and development standards which ensures Implementation Goals 1 and 2 which stipulate quality design and variety of housing designs. Revised Policy LU 6.2.4 (Accessory Dwelling Units (ADUs)) supports and promotes the development of accessory dwelling units and junior accessory dwellings. This policy fulfills Implementation Goal #1 that calls for the City to aggressively support and accommodate the construction of at least 240 ADUs. Revised Policies LU 6.4.2 (Residential); LU 6.6.2 (Residential Types (West Newport Mesa)); LU 6.15.4 (Priority Uses (Airport Area — Mixed -Use Districts [Subarea C, "MU-1-12" designation])); LU 6.15.28 (Priority Uses (Airport Area — Commercial Nodes ]"CG" designation Sub -Area C-part]) and LU 6.15.29 (Priority Uses (Airport Area — Commercial Office District ["CO-G" designation Sub -Area C— part]) support housing development or redevelopment within the opportunity sites identified in the Housing Element. Charter Section 423 Analysis 01-17-23 5.16.24 ALUC Item #3 Page 52 17-150 DocuSign Envelope ID: 624586F6-4D69-4101-9D3A-300ECCE30F20 Planning Commission Resolution No. PC2024-006 Page 7 of 62 1. Voter approval is required for any major amendment to the Newport Beach General Plan. A "major amendment" is one that significantly increases the maximum amount of traffic that allowed uses could generate, or significantly increases allowed density or intensity. "Significantly increases" means over 100 peak hour trips (traffic), or over 100 dwelling units (density), or over 40,000 square feet of floor area (intensity). 2. The thresholds apply to the total of: 1) Increases resulting from the amendment itself, plus 2) 80% of the increases resulting from other amendments affecting the same neighborhood and adopted within the preceding 10 years. As the proposed amendment is considered a major amendment, it will not take effect if City Council decides to approve it, unless it has been accessed to registered voters and has been approved by a majority of those voting on it. 3. Should the City not implement the 6th Cycle Housing Element by February 2025, the City may be considered non -compliant with State Housing Laws and developers of affordable housing projects will be entitled to have their residential projects approved as a "builder's remedy" in accordance with Senate Bill 35, effectively ignoring height limits, density limits and other regulations designed to ensure development is consistent with the City's Vision Statement of the General Plan. Tribal Consultation Pursuant to Senate Bill 18, the City requested a Sacred Lands File (SLF) search on the project location from the Native American Heritage Commission (NAHC) on March 5, 2023. On March 22, 2023, the NAHC responded that the findings of the search were positive and identified 19 Native American tribal representatives to contact for further information on potential tribal resources. To comply with both the requirements of SB 18 and Assembly Hill 52, the City mailed and emailed notices regarding the proposed project to all of the listed tribes. The City received a response from only one representative of the Gabrieleno Band of Mission Indians — Kizh Nation expressing no concerns on the project given its programmatic nature, but also expressing a desire to be consulted on future individual projects. Zoninq Code Amendment An amendment to Title 20 (Planning and Zoning) of the NBMC is a legislative act. Neither Title 20 itself nor California Government Code Section 65000 et seq., set forth any required findings for either approval of such amendments. However, Section 20.66.040 of the NBMC requires the Planning Commission to make and file a report of its findings and recommendations with the Council. Findings and Facts in Support of Finding: The Zoning Code is a tool designed to implement the General Plan. Since the 611 Cycle Housing Element Implementation involves an amendment to the General Plan, it is necessary to also amend Title 20 (Planning and Zoning) to achieve its goals and policies. 01-17-23 5.16.24 ALUC Item ##3 Page 53 17-151 DocuSign Envelope ID: 624586F6-4D69-4101-9D3A-300ECCE30F20 Planning Commission Resolution No. PC2024-006 Page S of 62 2. The ZCA, attached to this resolution as Exhibits "B" and "C," and incorporated herein, including the Housing Opportunity (HO) Overlay Zoning Districts with associated development standards, and the Multi -Unit Objective Design Standards, are consistent with the implementation program in the Housing Plan of the Housing Element, as discussed above under the Findings for the General Plan Amendment. The ZCA will enable the implementation of the Housing Element's key objective, which is to accommodate the development of housing projects to fulfill City's "fair share" of regional housing need and demand. Local Coastal Program Amendment An amendment to Title 21 (Local Coastal Program Implementation Plan) of the NBMC is a legislative act. Neither Title 21 of the NBMC itself nor California Government Code Section 65000 et seq., set forth any required findings for either approval of such amendments. Findings and Facts in Support of Finding: 1. The 6th Cycle Housing Element includes the Housing Plan, which sets forth programs and strategies to facilitate and encourage the development of the City's "fair share" of regional housing demand. Appendix B of the 6th Cycle Housing Element has identified several sites to be rezoned with the Housing Overlay (HO) Zoning District. A number of these sites are within the Coastal Zone. As the Zoning Code needs to be amended to add the new HO Overlay Zones, and the associated development standards, similarly, the Local Coastal Program needs to be amended to add the new Overlay Zones along with the development standards, for properties that are within the Coastal Zone. 2. The proposed amendments, attached to this resolution as Exhibit "D," and incorporated herein, fulfill the Housing Plan, as the amendments will facilitate the development of housing consistent with the 6th Cycle Housing Element as shown below: 6th Cycle Housing Element Implementation Measures Amendments to the Local Coastal Policy in Support of Housing Element's Implementation Measures Housing Goal #1. Provision of adequate sites to New Policy LU 2.1.11-1 calls for accommodating accommodate projected housing unit growth housing opportunities through the adoption of needs within the following identified housing housing opportunity overlay zoning districts for opportunity sites: the following opportunity sites: • Airport Area Environs • Airport Environs • West Newport Mesa • West Newport Mesa • Dover/Westcliff • Newport Center • Newport Center • Dover/Westcliff • Banning Ranch • Coyote Canyon This new policy is consistent with Housing Goal Housing Goal #2. Quality residential #1. development and preservation, conservation and New Policies LU 2.1.11-2, LU 2.1.11-3 and LU appropriate redevelopment of housing stock. 2.1.11-4 establish procedures regarding density 01-17.23 5.16.24 ALUC Item #3 Page 54 17-152 Docusign Envelope ID: 624686F6-4D69-4101-9D3A-300ECCE30F20 Planning Commission Resolution No. PC2024-006 Page 9 of 62 6th Cycle Housing Element implementation Measures Amendments to the Local Coastal Policy in Support of Housing Element's Implementation Measures limits and clarify that residential opportunities Housing Goal #3. A variety of housing types, are in addition to existing uses allowed by the designs, and opportunities for all social and Coastal Land Use Plan and must be consistent economic segments, with applicable overlay or implementation plan requirements unless modified consistent with Housing Goal #4. Housing opportunities for as established procedures to grant relief from many renter- and owner -occupied households as standards (e.g. Coastal Modification or Variance possible in response to the market demand and or the application of Density Bonus regulations). RHNA obligations for housing in the City. These policies fulfill Housing Goals #1 and #2, as they set parameters for the overlay zones and allow for uses permitted by underlying zones. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: The above recitals are true and correct and incorporate herein. 2. The Planning Commission declares that despite the potential for significant environmental effects that cannot be substantially lessened or avoided through the adoption of feasible mitigation measures or feasible alternatives, there exist certain overriding economic, social and other considerations for approving the proposed Project. 3. The Planning Commission hereby recommends the City Council certify the Final EIR (SCH#2023060699) attached as Exhibit "A," including the forthcoming draft findings. 4. The Planning Commission has read and considered the amendments to the General Plan, amendments to the Zoning Code, and the Local Coastal Program, as contained in Exhibits "B" through "E," as part of the consideration of the adopted Oh Cycle Housing Element implementation programs and recommends adoption of the General Plan Amendment, Zoning Code Amendments, and Local Coastal Program Amendment under PA2022-0245. PASSED, APPROVED, AND ADOPTED THIS 18T" DAY OF APRIL, 2024. AYES: Barto, Ellmore, Harris, Lowrey, and Salene NOES: None RECUSED: Langford and Rosene ABSENT: None 01-17-23 5.16.24 ALUC Item #3 Page 55 17-153 DocuSign Envelope ID: 624586F6-4D69-4101-9D3A-300ECCE30F20 Curtis Ellmore, Chair BY: 6w i«'i'iS Tristan Harris, Secretary Planning Commission Resolution No. PC2024-006 Pa - 10 of 62 01-17-23 5.16.24 ALUC Item #3 Page 56 17-154 Explanation of Housing Element Implementation Program in Relation to AELUP As discussed in the cover letter to this submittal, the very high Regional Housing Needs Assessment (RHNA) allocation of 4,345 new units has required the City to look citywide for new housing opportunity sites. While several sites have been identified in the AirportArea and its proximity, there arefive otherfocus areas where most new housing opportunity sites are being listed: Banning Ranch, West Newport Mesa, Dover -Westcliff/Mariner's Mile, Newport Center, and Coyote Canyon. The complete breakdown is viewable in Section 4 and Appendix B of the adopted and certified Housing Element. The City's Housing Element was reviewed by ALUC on September 16, 2021. The City Council adopted the Housing Element in February 2022; however, subsequent revisions were required based on feedback from HCD. After multip€e iterations and responsive revisions, the City Council re -adopted a revised Housing Element on September 13, 2022. The adopted Housing Element was then certified as being statutorily compliant by HCD on October 5, 2022. Section 4 (Housing Plan) of the Housing Element is the City's strategy to meet the RHNA allocation and includes several policy actions for implementation. The proposed amendments serve to simply implement the City's adopted and certified Housing Element. The following sections further analyze the Housing Element Implementation Program Amendments' compatibility and consistency with the 2008 AELUP, as well as with the City's own adopted policies and ordinances. For ALUC's ease of review, the City is including a partial Housing opportunity Sites Inventory that inventories the various sites, their noise exposure, and their safety zones, as Appendix A to this narrative. Noise Policies and Mitigation There are no proposed policies or mitigation measures related to this proposal that are related to noise from John Wayne Airport. Instead, the City relies on its General Plan Land Use Element and Noise Element to provide pertinent goals and policies. The City also relies on its Title 20 (Planning and Zoning) of the Newport Beach Municipal Code (NBMC). In November 2023, the City amended the Land Use and Noise Elements, as well as Title 20 of the NBMC to accommodate housing units identified by the adopted and certified 61' Cycle Housing Element, as follows: Adopted updated noise contours (shown in Noise Element Figures N4 and N5) to reflect the noise contours identified by the 2014 John Wayne Airport Settlement Agreement Amendment Environmental Impact Report No. 617 (EIR No. 617), Updated Land Use and Noise Element Policies, Land Use Element Figures LU11, LU22, and LU23, as well as Title 20 to modify and incorporate the updated noise contours identified by EIR No. 617 and to implement additional noise attenuation measures for future housing units proximate to John Wayne Airport; and Allowed residential units identified by the certified 611 Cycle Housing Element to be located within the 65 dBA CNEL noise contour area as identified in the updated noise contour maps identified by EIR No. 617. Parcels bisected by the updated 65 dBA CNEL noise contour could support future housing; whereas parcels located wholly within the updated 65 dBA CNEL noise contour could support housing, if deemed necessary to satisfy the Regional Housing Needs Assessment (RHNA) mandate. The City's cited General Plan Policies and Title 20 regulations will help to ensure that appropriate noise considerations are made and that mitigation is included in the design. All current policies and regulations are all listed within Table 1 and Table 2 below. Goal LU 6.15 A mixed -use community that provides jobs, residential, and supporting services in close proximity, with pedestrian - oriented amenities that facilitate walking and enhance livability. 5.16.24 ALUC Item #3 Page 57 17-155 Policy LU 6.15.3 (Current General Plan Page 3-101) —Airport Compatibility Require that all development be constructed in conformance with the height restrictions set forth by the Federal Aviation Administration (FAA), Federal Aviation Regulations (FAR) Part 77, and Caltrans Division of Aeronautics, and that residential development shall be allowed only on parcels with noise levels of less than John Wayne Airport 65 dBA CNEL noise contour area as shown in Figure N5 of the Noise Element of the General Plan, unless and until the City determines, based on substantial evidence, that the sites wholly within the 65 dBA CNEL noise contour shown in Figure N5 are needed for the City to satisfy its Sixth Cycle RHNA mandate. Nonresidential uses are, however, encouraged on parcels located wholly within the 65 dBA CNEL contour area. Goal N 1 (Current General Plan Page 12-25) — Noise Compatibility Minimized land use conflicts between various noise sources and other human activities. Policy N 1.1 (Current General Plan Page 12-26) — Noise Compatibility of New Development Require that all proposed projects are compatible with the noise environment through use of Table N2 and enforce the interior noise standards shown in Table N3. Policy N 1.2 (Current General Plan Page 12-26) — Noise Exposure Verification for New Development Applicants for proposed residential or mixed -use projects located in areas projected to be exposed to 65-70 dBA CNEL or greater, as shown on Figure N5 must conduct a noise study to provide evidence that the depicted noise contours do not adequately account for local noise exposure circumstances due to such factors as, topography, variation in traffic speeds, and other applicable conditions. These findings shall be used to determine the level of exterior or interior noise attenuation needed to attain an acceptable noise exposure level and feasibility of such mitigation when other planning considerations are taken into account, consistent with Title 21 of the California Code of Regulations. Policy N 1.3 (Current General Plan Page 12-26) — Remodeling and Additions of Structures Require that all remodeling and additions of structures comply with the noise standards shown in Table N3. Policy N 1.4 (Current General Plan Page 12-26) — New Development in Urban Areas Require that applicants of residential portions of mixed -use projects and high -density residential developments in urban areas (such as the Airport Area and Newport Center) demonstrate that the design of the structure will adequately isolate noise between adjacent uses and units (common floor/ceilings) in accordance with the California Building Code. Policy N 1.5 (Current General Plan Page 12-26) — Infill Projects Allow a higher (above 65 dBA CNEL) exterior noise level standard for Will projects in existing residential areas adjacent to major arterials if it can be shown that there are no feasible mechanisms to meet the exterior noise Levels. The interior standard of 45 dBA CNEL shall be enforced for any new residential project or mixed -use project containing a residential component, consistent with Title 21 of California Code of Regulations. Policy N 1.5A (Current General Plan Page 12-26) —Airport Area Infill Projects Allow infill residential projects proximate to John Wayne Airport to have a higher exterior noise level standard (65- 70 dBA CNEL) if it can be shown that there are no practical mechanisms or designs to meet the exterior noise levels. The interior standard of 45 dBA CNEL shall be enforced for any residential component of projects. No residential units may be located on parcels wholly within the John Wayne Airport 65 dBA CNEL noise contour area as shown in Figure N5, of the Noise Element of the General Plan, unless and until the City determines, based on substantial evidence, that the sites wholly within such contour area are needed for the City to satisfy its Sixth Cycle RHNA mandate. Nonresidential uses are encouraged on parcels located wholly within the 65 dBA CNEL contour area, shown in Figure N5. Policy N 1.6 (Current General Plan Page 12-27) — Mixed -Use Development Encourage new mixed -use developments to site loading areas, parking lots, driveways, trash enclosures, mechanical equipment, and other noise sources away from the residential portion of the development. Goal N 3 (Current General Plan Page 12-29) Protection of Newport Beach residents from adverse noise impacts of commercial air carrier operations at John Wayne Airport as provide in the City Council Airport Policy. 5.16.24 ALUC Item #3 Page 58 17-156 Policy N 3.1 (Current General Plan Page 12-29) — New Development Ensure new development is compatible with the noise environment proximate to John Wayne Airport by not allowing residential units on parcels located wholly within the John Wayne Airport 65 dBA CNEL noise contour, as shown in Figure N5 of the Noise Element of the General Plan, unless and until the City determines, based on substantial evidence, that the sites wholly within such contour area are needed for the City to satisfy its Sixth Cycle RHNA mandate. Policy N 3.2 (Current General Plan Page 12-29) —Residential Development Require that residential development proximate to John Wayne Airport shalt not be located on parcels wholly within the John Wayne Airport 65 dBA CNEL noise contour shown in Figure N5 of the Noise Element of the General Plan, unless and until the City determines, based on substantial evidence, that the sites wholly within such contour area are needed for the City to satisfy its Sixth Cycle RHNA mandate. Require developers of residential or mixed -use land uses with a residential componentto notify prospective purchasers or tenants of aircraft noise. Additionally, require outdoor common areas or recreational areas of residential or mixed -used developments to be posted with signs notifying users regardingthe proximity to John Wayne Airport and the presence of operating aircraft and noise. Policy N 3.3 (Current General Plan Page 12-29)—Avigation Easement Consider requiring the dedication of avigation easements in favor of the County of Orange when noise sensitive uses are proposed in the JWA planning area, as established in the JWA Airport Environs Land Use Plan (AELUP). 20.30.080 (Noise) F. Residential Use Proximate to John Wayne Airport. Residential uses, including mixed -use residential, shall be allowed on parcels or sites wholly or partially outside the John Wayne Airport 65 dBA CNEL noise contour as shown in Figure N5 of the Noise Element of the General Plan, as identified in the 2014John Wayne Airport Settlement Agreement Amendment Environmental Impact Report (EIR No. 617) and consistent with Title 21 of the California Code of Regulations, subject to the following conditions that apply to all residential projects within the John Wayne Airport 60 dBA CNEL or higher CNEL noise as shown in Figures N4 and N5 of the Noise Element of the General Plan: 1. Prior to the issuance of any building permits for such development, a noise study shall be prepared by a City - approved qualified acoustical consultant and submitted to the Community Development Directorfor approval; 2. All new residential structures or the residential units within a mixed -use development shall be attenuated to provide an interior noise level of 45 dBA CNEL or less; 3. The design of the residential portions of mixed -use projects and residential developments shalt have adequate noise attenuation between adjacent uses and units (common floor/ceilings) in accordance with the California Building Code; 4. New mixed -use developments shall incorporate designs with loading areas, parking lots, driveways, trash enclosures, mechanical equipment, and other noise sources away from the residential portion of the development; 5. Use of watts, berms, interior noise insulation, double -paned windows, advance insulation systems, orother noise mitigation measures as deemed appropriate shall be incorporated in the design of new residential to bring interior sound attenuation to 45 dBA CNEL or less; 6. Residential uses shall be indoor -oriented to reduce noise impingement on outdoor living areas; 7. On -site indoor amenities, such as fitness facilities or recreation and entertainment facilities, shall be encouraged; 8. Advanced air filtration systems for buildings shalt be considered to promote cleaner air; and 9. Residential development shall be limited to parcels or sites wholly or partially outside the 65 dBA CNEL noise contour, unless and until the City determines, based on substantial evidence, that the parcels or sites wholly within such contour area are needed for the City to satisfy its 6th Cycle RHNA mandate. Nonresidential uses are encouraged on parcels or sites located wholly within the 65 dBA CNEL contour area. 5.16.24 ALUC Item #3 Page 59 17-157 Community Noise Equivalent Levels (CNEL) Compatibility The adopted Section 4 (Housing Plan) and the Draft Program Environmental impact Report (DEIR) include a total of 75 new sites within the area of the Noise Impact Zones using contours identified in the 1986 JWA Master Plan. Of those sites, 27 are proposed within the 60-to-65 dBA CNEL contour and 11 are proposed outside of a noise impact zone in areas less than 60 dBA CNEL. The remaining 37 new sites fallwithin the 65-to-70 dBA CNEL contours As discussed in Subsection 3.2.3 (Noise Impact Zone "1" — High Noise Impact [65 dB CNEL and above]) and Subsection 3.2.4 (Noise Impact Zone "2" — Moderate Noise Impact [60 dB CNEL or greater, less than 65 dB CNEL]), residential units may be consistent with proper sound - attenuation and careful design considerations. For any residential sites and uses within Noise Impact Zone "1" or "2," the City will ensure future development is consistent with the AELUP considerations and Noise Element policies cited above to ensure compatibility. Table 1 (Airport Land Use Commission for Orange County Airport Environs Land Use Plan Limitations on Land Use Due to Noise) of the AELUP shows all types of residential land uses in this noise area as "Normally inconsistent" unless sound attenuated to ensure that the interior CNEL does not exceed 45 dB, and that all units are indoor oriented so as to preclude noise impingement on outdoor livingareas. This is further explained in Subsection 3.2.3 (Noise Impact Zone "'I "— High Noise Impact [65 dB CNEL and above]). The City's recent changes in November 2023, listed in Tables 1 and 2 above, will help to ensure that appropriate noise considerations are made and that mitigation measures are included in the design. Despite the above mentioning of the proposed Housing Element Implementation Program Amendments' consideration of the 1985 JWA Master Plan contours, the City believes that these existing noise contours identified in Appendix D of the ALEUP are no Longer accurate. This is demonstrated in the technical analysis provided as park of the 2014 John Wayne Airport Settlement Agreement Amendment Environmental Impact Report No. 617 (2014 EIR No. 617) that was certified by the County of Orange. Furthermore, the identified noise contours, which were last reviewed in 2008, no longer reflect the best available science regarding noise impacts in the vicinity of the airport and do not reflect the actual levels of noise experienced by inhabitants at the property. Therefore, the City believes that the noise contours identified in Appendix D of the AEUEP are outdated and are no longer relevant for the basis of environmental analysis and consistency with the intent of the ALEUP. Nonetheless, the City has provided the enclosed Exhibit B1 showing the location of the sites in relation to the existing ALEUP identified noise contours, as well as Exhibit B2 showing the location of the sites in relation to the 2014 EIR No. 617 contours recognized by the City's Noise Element. Of the 75 new housing opportunity sites identified in the Airport Area, 56 are located wholly or partially outside the 65 dBA CNEL contour identified by the 2014 EIR No. 617. 19 new housing opportunity sites are located wholly within the updated 65-70 dBA CNEL contour area boundary. It should be made clear that in no case is the City is prioritizing housing within the 70-to-75 dBA CNEL contour or above. Safety Compatibility As part of the site selection process, the City made it a point to avoid sites in the following runway safety zones: • Safety Zone 1— Runway Protection Zone "RPZ"; • Safety Zone 2— Inner Approach/Departure Zone; and • Safety Zone 5 — Sideline Zone 69 of the 75 new sites identified within the vicinity of JWA are completely within Safety Zone 6 —Traffic Pattern Zone with the remaining 6 being only partially within Safety Zones 3 — inner Turning Zone or 4 — Outer Approach/Departure Zone. As provided in Appendix D of the AELUP, Table 9B (Safety Compatibility Qualities), residential uses are allowed in Safety Zone 6. Residential uses are allowed in Safety Zone 4 as infill in urban areas and in Safety Zone 3 as a very low density use with special consideration for noise. 5.1.6.24 ALUC Item #3 Page 60 17-158 Zone 3: Inner Turning Zone {risk Factors / Runway Proximity Basic Compatibility Qualities �► Zone primarily applicable to general aviation airports r Limit residential uses to very lovv densities (if not deemed k Encompasses locations where aircraft are typically turn- unacceptable because of noise) ing from the base to final approach legs of the standard } Avoid nonresidential uses having moderate or higher usage traffic pattern and are descending from traffic pattern intensities (e.g., major shopping centers, fast food restau- altitude rants, theaters, meeting halls, buildings with more than three > Zone also includes the area where departing aircraft aboveground habitable floors are generally unacceptable) normally complete the transition from takeoff power s Prohibit children's schools, large day care centers, hospitals, and flap settings to a climb mode and have begun to nursing homes turn to their en route heading > Avoid hazardous uses (e.g. aboveground bulk fuel storage) Zone 4: Outer Approach/Departure Zone Risk Factors I Runway Proximity > Situated along extended runway centerline beyond Zone 3 > ;approaching aircraft usually at less than traffic pattern altitude r Particularly applicable for busy general aviation runways (because of elongated traffic pattern), runways with straight -in instrument approach procedures, and other runways %-vhere straight -in or straight-out flight paths are common > Zone can be reduced in size or eliminated for runways with very -low activity levels Zone 6: Traffic Pattern Zone Risk Factors I Runway Proximity s Generally law likebhcod of accident occurrence at most airports, risk concern primarily is with uses for which potential consequences are severe s Zone includes all other portions of regular traffic pat- terns and pattern entry routes Height Restriction Zones Basic Compatibility Qualities s In undeveloped areas, limit residential uses to very low densi- ties (if not deemed unacceptable because of noise); if alter- natiw uses are impractical, allow higher densities as infill in urban areas s Limit nonresidential uses as in Zone 3 > Prohibit children's schools, large day care centers, hospitals, nursing hornes Basic Compatibility Qualires s Allow residential uses s Allow most nonresidential uses; prohibit outdoor stadiums and similar uses with very high intensities > Avoid children's schools, large day care centers, hospitals, nursing homes As presently drafted, all sites within the Housing Opportunity (HO) Overlay Zones will be subject to the current heights allowed by the base zoning district with exception of four parcels that are subject to an unduly restrictive 18-foot height [imitation. These are being granted new heights of 35 and 60 feet. However, in no event will the City's rezoned height limits be inconsistent with the parameters outlined in Subsection 3.2.6 (Height Restriction Zone) of the AELUP and FAA standards. In addition, future updates to the Land Use Element and rezoning wit[ be subject to future Airport Land Use Commission (ALUC) review, consistent with Public Utilities Code Section 21676. See the draft Housing Opportunity (HO) Overlay Zoning Map for HO-1 Airport Area Environs Area below. 5.16.24 ALUC Item #3 Page 61 17-159 City of Newport Beach Housing Element Implementation Program Amendments ALUC Submittal, April 26, 2024 EXHIBIT B1 - 2008 AELUP Noise Contours r i r r N r C n 0 ED E O'n rD M N lE4 1N Y� ,F{ Cost a Caronj del Mai State yedO r / Y ` r � lY rl �L' tpa 10] ]�.� IE 4P! r li F' iw u SSF W 4 1 F, 15 F] K r tY r » ff ! r Y ' r M '• r r 1 � r l+ FS �] r M r I 1 -- City Boundary Focus Area Noise Contours '--, Airpurt Area Housing Sites 0 60 0 0.07 0.15 0.3 Mar: 65 17-160 City of Newport Beach Housing Element Implementation Program Amendments ALUC Submittal, April 26, 2024 EXHIBIT B2 - City Noise Element Noise Contours 3 / pr, i el b, es SLI ,f^ m Noise Contours Oily Boundary © f-0 Focus Area © 65 F-_7 Alvort +area Housing Sites ® 70 0 0.07 4.15 0.3 Miles I♦ 75 I 1 1 i „f. 17-161 Attachment F ALUC Determination Letter 17-162 / AIRPORT LAND USE COMMISSION ORANGE COUNTY FOR ORANGE COUNTY .4LUC 3160 Airway Avenue • Costa Mesa, California 92626 - 949.252.5170 fax: 949.252.6012 May 23, 2024 Ben Zdeba, Principal Planner City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 Subject: ALUC Determination for Housing Element Implementation Program Amendments (Proposed Amendments to the General Plan Land Use Element, Title 20 (Planning and Zoning) of the Newport Beach Municipal Code (NBMC), and Local Coastal Program Dear Mr. Zdeba: During the public meeting held on May 16, 2024, the Airport Land Use Commission (ALUC) for Orange County considered the subject item. The matter was duly discussed, and with a 7-0 vote, the Commission found the Housing Element Implementation Program Amendments (Proposed Amendments to the General Plan Land Use Element, Title 20 (Planning and Zoning) of the Newport Beach Municipal Code (NBMQ, and Local Coastal Program to be Inconsistent with the Airport Environs Land Use Plan for John Wayne Airport (AELUP for JWA) per: 1. Section 2.1.1 Aircraft Noise that the "aircraft noise emanating from airports maybe incompatible with general welfare of the inhabitants within the vicinity of an airport." 2. Section 2.1.2 Safety Compatibility Zones in which "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 JWA." Section 2.1.4, and PUC Section 21674 which state that the Commission is charged by PUC Section 21674(a) "to assist local agencies in ensuring compatible land uses in the vicinity of ... existing airports to the extent that the land in the vicinity of those airports is not already devoted to incompatible uses," and PUC Section 21674(b) "to coordinate planning at the state, regional and local levels so as to provide for the orderly development of air transportation, while at the same time protecting the public health, safety and welfare." 4. 3.2.1 General Policy of the AELUP which states that the General Land Use policy of the Airport Land Use Commission for Orange County shall be "Within the boundaries of the AEL UP, any land use may be found to be Inconsistent with the AELUP which... places people so that they are affected adversely by aircraft noise..." 17-163 Please contact me if you have any questions regarding this proceeding. Thank you. Sincerely, Julie Fitch Interim Executive Officer cc: ALUC 17-164