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NEWPORT BEACH PLANNING COMMISSION MINUTES CITY COUNCIL CHAMBERS – 100 CIVIC CENTER DRIVE THURSDAY, APRIL 18, 2024 REGULAR MEETING – 6:00 P.M. I. CALL TO ORDER - 6:00 p.m. II. PLEDGE OF ALLEGIANCE– Secretary Harris III. ROLL CALL PRESENT: Chair Curtis Ellmore, Vice Chair Mark Rosene, Secretary Tristan Harris, Commissioner Brady Barto, Commissioner Jonathan Langford, Commissioner Lee
Lowrey, and Commissioner David Salene ABSENT: None
Staff Present: Acting Deputy Community Development Director Jaime Murillo, Assistant City Attorney Yolanda Summerhill, City Traffic Engineer Brad Sommers, Principal Planner
Ben Zdeba, Assistant Planner Jenny Tran, Administrative Assistant Clarivel Rodriguez, and Department Assistant Jasmine Leon IV. PUBLIC COMMENTS Jim Mosher informed the Planning Commission of the opportunity to call up for review the project approved by the Zoning Administrator at 1300 Bristol Street in the airport area. V. REQUEST FOR CONTINUANCES None VI. CONSENT ITEMS
ITEM NO. 1 MINUTES OF MARCH 7, 2024 Recommended Action: Approve and file
Motion made by Commissioner Langford and seconded by Chair Ellmore to approve the minutes of March 7, 2024, including Mr. Mosher’s edits. AYES: Ellmore, Langford, Lowrey, and Salene NOES: None ABSTAIN: Barto, Harris, and Rosene ABSENT: None VII. PUBLIC HEARING ITEMS ITEM NO. 2 THE RESIDENCES AT AIRPORT VILLAGE (PA2023-0223) Site Location: 4540, 4570, 4600, and 4630 Campus Drive, and 4525, 4533, and 4647 MacArthur Boulevard
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Summary: The applicant is requesting approval for the demolition of seven commercial buildings and surface parking and the construction of 444 for-rent residential units atop an 806-space parking structure (Project). The following approvals are requested to implement the project as proposed:
• Major Site Development Review (SDR): An SDR in accordance with the Newport Airport Village Planned Community (PC-60) and Section 20.52.80 (Site Development Reviews) of the Newport Beach Municipal Code (NBMC), for the construction of the Project;
• Affordable Housing Implementation Plan (AHIP): A plan specifying how the Project would meet the City’s affordable housing requirements, in exchange for a request of 35% increase in density. The applicant seeks two development standard waivers related to the overall residential project density range and private open space for each residential unit, and a development concession related to the mix of affordable units pursuant to Chapter 20.32 (Density Bonus) of the NBMC and Government Code Section 65915 (Density Bonus Law); and
• Tentative Parcel Map: A tentative parcel map to consolidate five lots into one 6.44- gross acre (6.16-net acre) parcel, pursuant to Chapter 19.12 (Tentative Map Review) of the NBMC.
Recommended Actions:
1. Conduct a public hearing; 2. Find that all potential environmental effects for the Project have been adequately
addressed in the previously adopted Newport Airport Village Environmental Impact Report Addendum No. 3, and the City of Newport Beach intends to use said document for the approval of the Project; and 3. Adopt Resolution No. PC2024-005 approving Major Site Development Review, Affordable Housing Implementation Plan, and Tentative Parcel Map for the Residences at Airport Village Project located at 4540, 4570, 4600, and 4630 Campus Drive, and 4525, 4533, and 4647 MacArthur Boulevard (PA2023-0223). Commissioner Lowrey and Secretary Harris recused themselves due to business interest conflicts.
Assistant Planner Tran used a presentation to review the project location, background for the Newport Airport Village Planned Community, project description, dwelling unit summary, entitlements requested, density bonus and AHIP, project location with respect to Safety Zone 3 and
65 dBA CNEL noise contour, California Environmental Quality Act (CEQA) compliance memo, project’s development agreement obligations, revisions to the conditions of approval, and recommendation.
Ex parte communications shared by the Commissioners disclosed Commissioners Barto and Ellmore spoke with a representative to the developer and Commission Langford spoke with a representative of the applicant. Chair Ellmore opened the public hearing.
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Satish Lion, representative of The Picerne Group, used a presentation to review The Residences at the Airport Village, thanked staff and partners, introduced the project team, and described The Picerne Group. Cory Bitting, Associate Principal at TCA Architects, provided an overview of the project design highlights by first presenting pictures of the current condition, then relaying the challenges and opportunities using a context map, ground level and podium level plans, and MacArthur, Birch & MacArthur, and Campus perspective elevations. Mike Meyers, Senior Principal at Lifescapes International, reviewed the overall landscaping plan and plans for the ground level, podium level, wellness pool, and pool. In closing, Mr. Lion shared letters of support, reiterated their commitment to the community, and agreed to the recommended conditions as stated in the report including the updates to numbers three and eight. In response to Vice Chair Rosene’s question, Mr. Lion clarified that the easement by the southeast
side against the existing medical facility which provides access to the parking area will be maintained during the construction period. Vice Chair Rosene suggested staff discuss Condition No. 21 regarding a deed notification.
In response to Chair Ellmore’s interest in noise cancellation efforts, Mr. Lion stated that the preliminary acoustical analysis revealed that the noise from the airport is less than the noise from MacArthur, noise within the courtyard is less than at the perimeter of the building, and that during design and development a more detailed analysis will be completed. He relayed that the determinations are consistent with other projects they have developed. Jim Mosher thought there was a clash between luxury apartments in an anticipated workforce
housing area, expressed concern for the noise environment and impact to the balconies facing MacArthur, and suggested measuring the noise level at that location. Acting Deputy Community Development Director Murillo noted that the project is consistent with legislative approvals for the Newport Airport Village Planned Community approved by the City Council and General Plan Policy N1.5 allows higher exterior noise levels for infill projects and the
project includes measures to ensure compliance with City noise standards. Chair Ellmore closed the public hearing.
Commissioner Langford thought the project was thoughtful and thanked the staff. He expressed his inclination to vote in favor of the project. Vice Chair Rosene concurred. Commissioner Salene thanked The Picerne Group and appreciated the extra parking being provided. Motion made by Commissioner Barto and seconded by Commissioner Salene to approve the item as recommended by staff.
AYES: Barto, Ellmore, Langford, Rosene, and Salene NOES: None RECUSED: Lowrey and Harris ABSENT: None ITEM NO. 3 HOUSING ELEMENT IMPLEMENTATION PROGRAM AMENDMENTS (PA2022-0245) Site Location: Citywide
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Summary: As required by state law, the City adopted the 6th 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 Langford 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, vote 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; 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
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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 are 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 VIII. STAFF AND COMMISSIONER ITEMS ITEM NO. 4 MOTION FOR RECONSIDERATION
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None ITEM NO. 5 REPORT BY THE COMMUNITY DEVELOPMENT DIRECTOR OR REQUEST FOR MATTERS WHICH A PLANNING COMMISSION MEMBER WOULD LIKE PLACED ON A FUTURE AGENDA Acting Deputy Community Development Director Murillo noted that during the April 23 City Council meeting, the appeal of the Orange County Sanitation District Pump Station will be heard. He stated that a legislative approval and a variance are scheduled for the May 9 Planning Commission meeting and several items are expected for the May 23 meeting. Lastly, he congratulated Principal Planner Zdeba for winning the OC Real Estate Challenge. ITEM NO. 6 REQUESTS FOR EXCUSED ABSENCES
None IX. ADJOURNMENT – With no further business, the meeting was adjourned by Chair Ellmore at 7:21
p.m. The agenda for the April 18, 2024, Planning Commission meeting was posted on Thursday, April 11, 2024, at 4:23 p.m. in the Chambers binder, on the digital display board located inside the vestibule of the Council Chambers at 100 Civic Center Drive, and on the City’s website on Thursday, April 11, 2024, at 4:53 p.m. _______________________________ Curtis Ellmore, Chair _______________________________ Tristan Harris, Secretary
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