HomeMy WebLinkAbout12 - Intent to Override OC Airport Land Use Commission's Determination of Inconsistency for the Residences at 1600 Dove Street (PA2022-0297)CITY OF
NEWPORT BEACH
City Council Staff Report
July 9, 2024
Agenda Item No. 12
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Seimone Jurjis, Assistant City Manager/Community Development
Director - 949-644-3232, sjurjis@newportbeachca.gov
PREPARED BY: Liz Westmoreland, AICP, Senior Planner -
949-644-3234, lwestmoreland@newportbeachca.gov
TITLE: Resolution No. 2024-45: Intent to Override Orange County Airport
Land Use Commission's Determination of Inconsistency for the
Residences at 1600 Dove Street (PA2022-0297)
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, the City of Newport Beach is
required to submit the Residences at 1600 Dove project, a project to allow future
development of 282 for -rent apartment units (Project), to the Orange County Airport Land
Use Commission (ALUC) for a consistency determination with the AELUP. ALUC
conducted a hearing on the matter on June 20, 2024, and found the Project to be
inconsistent with the AELUP.
For the City Council's consideration is a request to consider overriding the ALUC's finding
of inconsistency. This action would authorize staff to formally provide notice, pursuant to
Public Utilities Code Section 21676 (b), to the ALUC and the State Department of
Transportation of 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) (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 because it has no potential for resulting in physical change to the
environment, directly or indirectly; and
c) Adopt Resolution No. 2024-45, A Resolution of the City Council of the City of Newport
Beach, Califomia, Notifying the Orange County Airport Land Use Commission and
State Department of Transportation, Aeronautics Program of the City's Intention to
Find that the Residences at 1600 Dove Street Project is Consistent with the Purpose
of the State Aeronautics Act and Overrule the Orange County Airport Land Use
Commission's Determination that the Project is Inconsistent with the 2008 John
Wayne Airport Environs Land Use Plan (PA2022-0297).
12-1
Resolution No. 2024-45: Intent to Override Orange County ALUC's
Determination of Inconsistency for the Residences at 1600 Dove Street
July 9, 2024
Page 2
DISCUSSION:
The subject property is located within the Residential Overlay zone of Newport Place
Planned Community (PC-1 1) and is approximately 2.49 acres in size and currently
improved with one four-story, 60,675-square-foot office building and a surface parking lot.
The project site is one of the 62 new housing opportunity sites in the Airport Area Environs
(Airport Area), per the certified 6th Cycle Housing Element and is located within the
60 dBA noise contour as a shown in the updated noise contour maps adopted as part of
the Housing Element Implementation Noise -Related Amendments and the Airport
Environs Land Use Plan.
Figure 1: Project Location (General Plan Noise Contours)
12-2
Resolution No. 2024-45: Intent to Override Orange County ALUC's
Determination of Inconsistency for the Residences at 1600 Dove Street
July 9, 2024
Page 3
Proposed Promec
The Applicant seeks the following approvals that would allow future development of a
seven -story, multiple -unit residential development consisting of up to 282 apartment units:
General Plan Amendment (GPA) -A request to add 49 dwelling units above the
current General Plan allowance for the Airport Area, and amend Anomaly 12 of
the General Plan Table LU2 (Anomaly Locations) allocating the 49 residential
dwelling units to the Property;
Affordable Housing Implementation Plan (AHIP) - A plan specifying how the
Project would meet the City's affordable housing requirements, in exchange for a
50% increase in project density including a request for three development
standard waivers related to height, park dedication requirement, and overall
residential density along with two development concessions related to the
payment of park in -lieu fees and affordable unit mix pursuant to Chapter 20.32
(Density Bonus) of the Newport Beach Municipal Code and Government Code
Section 65915 et seq.;
Traffic Study - A traffic study pursuant to Chapter 15.40 (Traffic Phasing
Ordinance) of the NBMC-1
Development Agreement — A Development Agreement between the Applicant
and the City, pursuant to Section 15.45.020(A)(2)(a) (Development Agreement
Required) of the NBMC, which would provide the Applicant with the vested right
to develop the Project for a term of 10 years and to provide negotiated public
benefits to the City; and
Addendum to the 2006 General Plan Update Program Environmental Impact
Report (Addendum 9) - Pursuant to the California Environmental Quality Act
(CEQA), the Addendum addresses reasonably foreseeable environmental
impacts resulting from the Project.
The Project would require a future Site Development Review prior to building permit
issuance as no specific design for the Project is included in this application. The applicant
has provided conceptual exhibits showing the anticipated design types and possible site
plan that may be presented as part of the future Project (Figures 2 and 3).
12-3
Resolution No. 2024-45: Intent to Override Orange County ALUC's
Determination of Inconsistency for the Residences at 1600 Dove Street
July 9, 2024
Page 4
Uff-T.T.
F
DOLPHIN -STRIKER WA LEGEND
a STORIES CF RESIDENTIAL
OVER PARKIN R
COURTYARD
PERIMETER LANDOCAPE
Figure 2: Conceptual Site Plan
Figure 3: Conceptual Elevations
12-4
Resolution No. 2024-45: Intent to Override Orange County ALUC's
Determination of Inconsistency for the Residences at 1600 Dove Street
July 9, 2024
Page 5
W M Mo =so 06TO ra ol Mi Mee := KWTI N I iTs 1 :0990 7M a =-i @ M 50
On May 23, 2024, the Planning Commission conducted a public hearing to consider the
proposed Project. The Planning Commission discussed the merits of the project, the
applicable park fees, and the project's density. At the conclusion of the public hearing,
the Planning Commission voted to adopt Resolution No. PC2024-008, recommending the
City Council approve the project. The May 23, 2024, Planning Commission staff report,
excerpts of the Planning Commission minutes, and Planning Commission
Resolution No. PC2024-008 are attached for reference as Attachments B, C and D
respectively.
Airport Land Use Commission Review
Section 4.3 of the AELUP and Section 21676(b) of the Public Utilities Code 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 the matter at its
June 20, 2024, meeting with staff in attendance, and found the Project is inconsistent with
the AELUP. The June 20, 2024, ALUC staff report is attached as Attachment E, and the
ALUC inconsistency determination is included 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, which is established in
Public Utilities Code Section 21676. The first step in the process is to conduct a public
hearing to adopt a resolution of intention to override, a copy of which would be sent to
ALUC and State Division of Aeronautics to provide formal notification of the City's intent.
The second step in the process is that not less than 45-days after notification has been
sent to ALUC and State Department of Transportation, Aeronautics Program, the
City Council may conduct a second public hearing to consider adoption a resolution to
override the ALUC. At this time, the Council may also consider the project entitlements
and take final action on the application.
The following points are important to consider -
The Council's adoption of the attached notification resolution does not constitute
the project's approval, nor does it predispose the City Council's future action on
either the project or the consistency determination;
The attached resolution notifying ALUC and the State Department of
Transportation, Aeronautics Program of the City's intent, and the resolution to
overrule ALUC, which will be presented at a future hearing, must be adopted by a
two-thirds vote. Since there are seven Council members, five affirmative votes are
needed to pass the resolution.
12-5
Resolution No. 2024-45: Intent to Override Orange County ALUC's
Determination of Inconsistency for the Residences at 1600 Dove Street
July 9, 2024
Page 6
Should the City Council ultimately overrule the ALUC decision, that action will not
immediately affect the City's status as a consistent agency with the AELUP. ALUC
would need to place an item on its future agenda to consider deeming the City an
inconsistent agency.
Public Utilities Code Section 21678 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 to overrule the ALUC determination.
Importance of Prowect towards Housing Needs
As an alternative to overriding the ALUC findings, the Council can direct the applicant to
redesign or reduce the intensity of the Project in a manner that the ALUC would find
consistent with the AELUP. In this case, staff believes there may not be an alternative
given that the ALUC simply has concerns with residential uses within close proximity to
John Wayne Airport. Despite the proposed General Plan Amendment, the project site is
ideal for the development of a residential project as it is identified as a housing opportunity
site and designated IVIU-H2 by the current General Plan Land Use Element that allows
residential uses such as the Project. Figure B-3 of the certified 6th Cycle Housing Element
(below) displays the capacity and opportunity within the Airport Area which can help
accommodate a portion of the City's RHNA. Ultimately, the Project will implement the
certified 6 th Cycle Housing Element and aid the City in its goal to provide new housing
opportunities.
Figure B-3: Airport Area Environs — Sites Inventory
Site Invent ry:
Airport Area Environs
LEGEND
City8oundary
rth Cycle 51t-
Pipeline Pmjem
opp-t-itysiW,
Key Mal)
F--1
All 0 500 1,000
12-6
Resolution No. 2024-45: Intent to Override Orange County ALUC's
Determination of Inconsistency for the Residences at 1600 Dove Street
July 9, 2024
Page 7
ENVIRONMENTAL REVIEW:
Final action on the Project is not being considered at this time. A complete environmental
analysis of the Project is contained in the attached May 23, 2023 Planning Commission
Staff Report for which an addendum to an environmental impact report (EIR) is being
proposed. The addendum concludes that the Project is no more impactful to the City than
what was studied with the 2006 General Plan Program EIR and the 2013 Housing
Element Update Initial Study/Negative Declaration. Nevertheless, the action that is
currently before the City Council is consideration of adopting a resolution of intent to
override the ALUC's finding that the project is not consistent with the AELUP.
The City Council finds the adoption of this resolution is not subject to California
Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not
result in a direct or reasonably foreseeable indirect physical change in the environment)
and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA
Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has
no potential for resulting in physical change to the environment, directly or indirectly.
Specifically, the resolution does not have the potential for resulting in either a direct
physical change in the environment, or a reasonably foreseeable indirect physical change
in the environment because it is limited to the notification of the City's intent to overrule
the ALUC determination and it does not authorize the development of the property or
commit the City to approve the Project. Potential project impacts will be analyzed when
the City Council considers the Project.
FISCAL IMPACT:
There is no fiscal impact related to this item
NOTICING -
Notice of this hearing was published in the Daily Pilot, mailed to all owners of property
within 300 feet of the boundaries of the site (excluding intervening rights -of -way and
waterways) including the applicant, and posted on the subject property at least 10 days
before the scheduled meeting, consistent with the provisions of the Municipal Code.
Additionally, the agenda item has been noticed according to the Brown Act (72 hours in
advance of the meeting at which the City Council considers the item).
ATTACHMENTS:
Attachment A
— Resolution No. 2024-45: Intent to Override ALUC's Determination
Attachment B
— May 23, 2024 Planning Commission Staff Report (no attachments)
Attachment C
— May 23, 2024 Planning Commission Minutes Excerpt
Attachment D
— Planning Commission Resolution No. PC2024-008 (no exhibits)
Attachment E
— June 20, 2024 ALUC Staff Report
Attachment F —
June 25, 2024 ALUC Determination Letter
12-7
Attachment A
Resolution No. 2024-45: Intent to Override ALUC's Determination
12-8
RESOLUTION NO. 2024- 12
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, NOTIFYING THE
ORANGE COUNTY AIRPORT LAND USE COMMISSION
AND STATE DEPARTMENT OF TRANSPORTATION,
AERONAUTICS PROGRAM OF THE CITY'S INTENTION
TO FIND THAT THE RESIDENCES AT 1600 DOVE
STREET PROJECT IS CONSISTENT WITH THE
PURPOSE OF THE STATE AERONAUTICS ACT AND
OVERRULE THE ORANGE COUNTY AIRPORT LAND
USE COMMISSION'S DETERMINATION THAT THE
PROJECT IS INCONSISTENT WITH THE 2008 JOHN
WAYNE AIRPORT ENVIRONS LAND USE PLAN
(PA2022-0297)
WHEREAS, Section 200 of the City of Newport Beach ("City") Charter vests the
City Council with the authority to make and enforce all laws, rules, and regulations with
respect to municipal affairs subject only to the restrictions and limitations contained in the
Charter and the State Constitution, and the power to exercise, or act pursuant to any and
all rights, powers and privileges, or procedures granted or prescribed by any law of the
State of California;
WHEREAS, an application was filed by The Piceme Group ("Applicant"), with
respect to the property located at 1600 Dove Street and legally described in Exhibit "A,"
which is attached hereto and incorporated by reference ("Property");
WHEREAS, the Applicant is requesting approval to allow the development of a
multi -unit residential project consisting of up to 282 apartment units ("Project"), which require
the following approvals:
General Plan Amendment ("GPA") — A request to add 49 dwelling units above
the current General Plan allowance for the Airport Area, and amend Anomaly
Number 12 of the General Plan Table LU2 (Anomaly Locations) allocating 49
residential dwelling units to the Property;
Affordable Housing Implementation Plan ("AHIP") — A plan specifying how the
Project would meet the City's affordable housing requirements, in exchange for a
50% increase in density including a request for three development standard
waivers related to height, park dedication requirement, and overall residential
density along with two development concessions related to the payment of park
in -lieu fees and affordable unit mix pursuant to Chapter 20.32 (Density Bonus) of
12-9
Resolution No. 2024-
Page 2 of 7
the Newport Beach Municipal Code ("NBMC") and Government Code Section
65915 et seq. ("State Density Bonus Law");
Development Agreement ("DA") — A development agreement between the
Applicant and the City, pursuant to Section 15.45.020 (Development Agreement
Required) of the NBMC, which would provide the Applicant with the vested right
to develop the Project for a term of 10 years and provide negotiated public
benefits to the City;
Traffic Study — A traffic study pursuant to Chapter 15.40 (Traffic Phasing
Ordinance) of the NBMC; and
Addendum No. 9 to the 2006 General Plan Update Program Environmental
Impact Report and the 2008-2014 City of Newport Beach Housing Element
Update and Initial Study/Negative Declaration ("Addendum No. 9") — An
addendum which addresses reasonably foreseeable environmental impacts
resulting from the Project;
WHEREAS, the Property is designated Mixed -Use Horizontal 2 (MU-H2) by the
General Plan Land Use Element and located within the Newport Place Planned Community
(PC-1 1) Zoning District Professional and Business Office Site 7 with a residential overlay;
WHEREAS, the Property is not located within the coastal zone; therefore, amending
the Local Coastal Program or obtaining a coastal development permit is not required;
WHEREAS, the Property is located in the Airport Area Environs ("Airport Area") and
is one of the 62 new housing opportunity sites allocated in the certified 6 th Cycle Housing
Element to meet the City's Regional housing Needs Assessment ("RHNA") allocation of
4,845 new housing units;
WHEREAS, the Property is located within the 60 decibel ("dBA") noise contour
Community Noise Equivalent Level ("CNEL") as shown on the updated noise contour maps
as part of the 6th Cycle Housing Element Implementation Noise -Related Amendments and
the 60 dBA noise contour as shown on the 2008 John Wayne Airport Environs Land Use
Plan ("AELUP");
WHEREAS, a public hearing was held by the Planning Commission on May 23,
2024, in the Council Chambers at 100 Civic Center Drive, Newport Beach, California. A
notice of the time, place, and purpose of the hearing was given in accordance with
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Resolution No. 2024-
Page 3 of 7
Government Code Section 54950 et seq. ("Ralph M. Brown Act"), Chapter 15.45
(Development Agreements), and Chapter 20.62 (Public Hearings) of the NBIVIC.
Evidence, both written and oral, was presented to and considered by, the Planning
Commission at this hearing;
WHEREAS, at the hearing, the Planning Commission adopted Resolution No.
PC2024-008 by a majority vote (4 ayes, 1 nay) recommending the City Council approve
the Project;
WHEREAS, California Public Utilities Code ("CPUC") Section 21676(b) requires
the City to refer the Project to the Orange County Airport Land Use Commission ("ALUC")
to review for consistency with the AELUP;
WHEREAS, on June 20, 2024, the ALUC determined (6 ayes, 0 nays) the Project
is inconsistent with the following provisions of the AELUP:
a. Section 2.1.1 (Aircraft Noise), which provides that the "aircraft noise
emanating from airports may be incompatible with the general welfare of the
inhabitants within the vicinity of an airport";
b. Section 2.1.2 (Safety Compatibility Zones), which provides "the purpose of
these zones is to support the continued use and operation of an airport by
establishing compatibility and safety standards to promote air navigational
safety and to reduce potential safety hazards for persons living, working or
recreating near JWX;
C. Section 3.2.1 (General Policy), which provides that "[w]ithin the boundaries
of the AELUP, any land use may be found to be Inconsistent with the AELUP
[if it]... (1) [p]laces people so that they are affected adversely by aircraft noise
[or] (2) concentrates people in areas susceptible to aircraft accidents...";
WHEREAS, pursuant to Sections 21670 and 21676 of CPUC, the City Council
may, after a public hearing, propose to overrule the ALUC with a two-thirds vote, if it
makes specific findings that the Project is consistent with the purpose of Section 21670
of the CPUC 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
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Resolution No. 2024-
Page 4 of 7
WHEREAS, a public hearing was held by the City Council on July 9, 2024, in the
City Council Chambers located at 100 Civic Center Drive, Newport Beach, California. A
notice of time, place, and purpose of the hearing was given in accordance with CPUC
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 finds the Project consistent with the purposes of
Section 21670 of the CPUC and the AELUP 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.
Findings and Facts in Support of Findings
A. The Project is consistent with the noise standards of the AELUP.
The AELUP guides development proposals to provide for the orderly development of John
Wayne Airport ("JWA") and the surrounding area through implementation of the standards
in Section 2 (Planning Guidelines) and Section 3 (Land Use Policies). Implementation of
these standards are intended to protect the public from the adverse effects of aircraft
noise, ensure that people and facilities are not concentrated in areas susceptible to
aircraft accidents, and ensure that no structures or activities adversely affect navigable
airspace.
Section 2.1.1 of the AELUP sets forth the CNEL standards, and Sections 3.2.3 and 3.2.4
of the AELUP define the noise exposure in the 60 dBA to 65 dBA CNEL noise contour
(Noise Impact Zone 2) as "Moderate Noise Impact," Section 3, Table 1 (Limitations on
Land Use Due to Noise) of the AELUP identifies residential uses as "normally consistent"
for the 60 dBA CNEL noise contour. The Project is located within the 60 dBA to 65 dBA
CNEL noise contour as shown on the updated noise contour maps as part of the 61h Cycle
Housing Element Implementation Noise -Related Amendments and the 60 dBA to 65 dBA
noise contour as shown on the AELUP. As a result, the Project will be required to comply
with the development standards set forth in Section 20.30.080(F) (Residential Use
Proximate to John Wayne Airport) of the NBMC.
Additionally, as part of the future Site Development Review, the Project will be conditioned
to provide an acoustical report which describes the best design features of the structure
12-12
Resolution No. 2024-
Page 5 of 7
that will satisfy noise standards, be attenuated to provide a maximum interior noise level
of 45 dBA and provide advanced air filtration systems to promote cleaner air without the
opening of windows. These conditions of approval mitigate noise issues for the Project
and is consistent with the 45 dBA interior noise standards of the AELUP.
B. The Project is consistent with the safety standards of the AELUP.
Section 2.1.2 (Safety Compatibility Zones) of the AELUP sets forth zones depicting which
land uses are acceptable in various portions of JWA environs. Allowed uses in Safety
Zone 6 include residential and most nonresidential uses, excepting outdoor stadiums and
similar uses with very high intensities. Uses that should be avoided include children's
schools, large day-care centers, hospitals, and nursing homes. Risk factors associated
with Safety Zone 6 generally include a low likelihood of accident occurrence.
The Project is located within Safety Zone 6 and residential uses are allowed in the zone.
The City's General Plan Safety Element Policy S 8.6 demonstrates that the City
acknowledges the importance of the JWA Safety Zones in providing, "S 8.6 John Wayne
Airport Traffic Pattern Zone - Use the most currently available John Wayne Airport (JWA)
Airport Environs Land Use Plan (AELUP) as a planning resource for evaluation of land
use compatibility and land use intensity in areas affected by JWA operations. In particular,
future land use decisions within the existing JWA Clear Zone/Runway Protection Zone
(Figure S5) should be evaluated to minimize the risk to life and property associated with
aircraft operations."
The Project complies with the policies and regulations within the JWA Airport Planning
Area and follows the safety standards of the AELUP as it is located within Safety Zone 6
and is not within the JWA Clear Zone/Runway Protection Zone.
C. The Project is consistent with the height standards of the AELUP.
Section 2.1.3 (Building Height Restrictions) of the AELUP sets forth building height
restrictions. Section 2.1.3 provides that ALUC consider only one standard as provided in
14 Code of Federal Regulations ("C.F.R.") Part 77 (also referred to as the Federal
Aviation Regulations). Section 2.1.3 provides that the Federal Aviation Regulations are
the only definitive standard available and the standard most generally used. Section 2.1.3
identifies the Federal Aviation Administration ("FAA") as the single authority for analyzing
project impact on airport or aeronautical operations, or navigational -aid siting, including
interference with navigational -aids or published flight paths and procedures along with
reporting results of such studies and project analyses.
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Resolution No. 2024-
Page 6 of 7
The FAA conducted an aeronautical study for the Project consistent with the Federal
Aviation Regulations. The FAA issued a Determination of No Hazard to Air Navigation on
October 24, 2023, thereby finding the development does not exceed obstruction
standards and would not be a hazard to air navigation. The FAA reviewed the proposed
height of the project assuming an existing site elevation ("SE") of 54 feet, with a proposed
building that is 100 feet above ground level ("AGIL"), and 154 feet above mean sea level
("AMSIL"). The FAA further found that marking and lighting of the Project are not
necessary for aviation safety. Any increase in height of the structure above the proposed
100-foot building height would require a revised Determination of No Hazard to Air
Navigation from the FAA. Additionally, there are other buildings in the vicinity of the
Project that are taller than the Project including the adjacent building at 4100 Newport
Place Drive that is approximately 234 feet AMSIL and the nearby building at 4545
MacArthur (Hyatt Regency) that is approximately 225 feet AMSIL.
Section 2: Based on the foregoing findings, the City Council provides this notice
of intention to overrule the ALLIC's determination that the Project is inconsistent with the
AELUP.
Section 3: The City Council hereby directs City staff to provide ALLIC and State
Department of Transportation, Aeronautics Program, with notice of the City's intention to
overrule ALUC's determination that the Project is inconsistent with the AELUP.
Section 4: The recitals provided in this resolution are true and correct and are
incorporated into the operative part of this resolution.
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.
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Resolution No. 2024-
Page 7 of 7
Section 6: The City Council finds the adoption of this resolution is not subject to
the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the
activity will not result in a direct or reasonably foreseeable indirect physical change in the
environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378)
of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3,
because it has no potential for resulting in physical change to the environment, directly or
indirectly.
Specifically, the resolution does not have the potential for resulting in either a direct
physical change in the environment, or a reasonably foreseeable indirect physical change
in the environment because it is limited to the notification of the City's intent to overrule
the ALUC determination and it does not authorize the development of the Property or
commit the City to approve the Project. Potential project impacts will be analyzed when
the City Council considers the Project.
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 9th day of July, 2024.
Will O'Neill
Mayor
ATTEST:
Leilani 1. Brown
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
C.
Aaron C. Harp
City Attorney
Attachment: Exhibit A - Legal Description
12-15
Exhibit A
Legal Description
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF
NEWPORT BEACH, IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, AND IS
DESCRIBED AS FOLLOWS:
LOT 3 OF TRACT NO. 7770, IN THE CITY OF NEWPORT BEACH, COUNTY OF
ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 299, PAGES
15 AND 16 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF ORANGE COUNTY, CALIFORNIA.
EXCEPTING THEREFROM THE FULL RIGHTS AND ALL MINERALS, PETROLEUM,
GAS AND OTHER HYDROCARBON SUBSTANCES EXISTING BELOW 500 FEET
FROM THE SURFACE OF SAID REAL PROPERTY DESCRIBED ABOVE; PROVIDED,
HOWEVER, THAT GRANTOR HEREBY EXPRESSLY WAIVES THE RIGHT TO ENTER
UPON THE SURFACE OF SAID REAL PROPERTY OR THE PURPOSE OF
EXPLORING FOR, OR PRODUCING THE MINERALS, PETROLEUM, GAS AND
OTHER HYDROCARBON SUBSTANCES AS RESERVED BY DEED RECORDED IN
BOOK 10328, PAGE 506 OF OFFICIAL RECORDS.
12-16
Attachment B
May 23, 2024 Planning Commission Staff Report (no attachments)
12-17
PO CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
May 23, 2024
Agenda Item No. 4
SUBJECT: Residences at 1600 Dove Street (PA2022-0297)
General Plan Amendment
Affordable Housing Implementation Plan
Traffic Study
Development Agreement
Environmental Impact Report Addendum
SITE LOCATION: 1600 Dove Street
APPLICANT: The Picerne Group
OWNERS: 1600 Dove LP and GS 1600 Dove LLC
PLANNER: Liz Westmoreland, Senior Planner
949-644-3234, lwestmoreland(d)_newportbeachca.gov
PROJECT SUMMARY
The Applicant is requesting approval of a General Plan Amendment (GPA), Affordable
Housing Implementation Plan (AHIP), Traffic Study, and Development Agreement (DA) for
the future development of a multi -unit residential project consisting of up to 282 dwelling
units at 1600 Dove Street, in the Airport Area (Project). No specific design for the Project is
included in this application. The Project would require a future Site Development Review
by the Planning Commission prior to building permit issuance.
RECOMMENDATION
1) Conduct a public hearing;
2) Find that potential environmental impacts have been previously mitigated through
the implementation of the policies of the General Plan as evaluated in Program
Environmental Impact Report for the 2006 General Plan Update (SCH No.
2006011119), and the City of Newport Beach Housing Element Initial
Study/Negative Declaration (collectively, the PEIR)-1 therefore, in accordance with
Section 15164 of the California Environmental Quality Act (CEQA) Guidelines, an
addendum to the previously adopted PEIR is the appropriate environmental
documentation for the Project; and
3) Adopt Resolution No. PC2024-008 (Attachment No. PC 1) recommending the City
Council adoption of Environmental Impact Report Addendum No. 9, and approval of
General Plan Amendment, Affordable Housing Implementation Plan, Traffic Study,
1 12-18
Residences at 1600 Dove Street (PA2022-0297)
Planning Commission, May 23, 2024
Page 2
and Development Agreement, for the Project located at 1600 Dove Street (PA2022-
0297).
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Residences at 1600 Dove Street (PA2022-0297)
Planning Commission, May 23, 2024
GENERALPLAN ZONING
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LOCATIO
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GENERALPLAN
Mixed Use Horizontal
(MU-H2)
F_ZONING ]F-CURRENT
Newport Place Planned
Community (PC-1 1)
USE
Office
NORTH
MU-H2
PC-1 1
�1
350-unit Newport Crossings
(graded site)
SOUTH
MU-H2 --1
PC-1 1 =F
-Parking structure and -office
EAST
MIJ-H2
PC-1 1 =F-
Medical office
WEST
General Commercial
Office (CO-G)/MU-H2
PC-1 1
Office
I
S 12-20
t-4-
4
Residences at 1600 Dove Street (PA2022-0297)
Planning Commission, May 23, 2024
Page 4
INTRODUCTION
Promect Setting
The 2.49-acre project site is located within the Residential Overlay zone of Newport
Place Planned Community (PC-1 1) and currently improved with one 4-story, 60,675-
square-foot office building and a surface parking lot. The property is somewhat
rectangular in shape, with a primary frontage on Dove Street to the west, bordered by
the approved Newport Crossings Residential Project (PA2017-107) and Martingale Way
to the north, Dolphin -Striker Way to the south, and an existing commercial development
to the east.
Promect Description
The Applicant, the Picerne Group, seeks the following approvals that would allow future
development of a seven -story, multiple -unit residential development consisting of up to
282 apartment units:
General Plan Amendment (GPA)- A request to add 49 dwelling units above
the current General Plan allowance for the Airport Area, and amend Anomaly
12 of the General Plan Table LL12 (Anomaly Locations) allocating the 49
residential dwelling units to the Property;
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 50% increase in density including a request for three development
standard waivers related to height, park dedication requirement, and overall
residential density along with two development concessions related to the
payment of park in -lieu fees and affordable unit mix pursuant to Chapter 20.32
(Density Bonus) of the Newport Beach Municipal Code and Government Code
Section 65915 et seq. ("State Density Bonus Law");
Development Agreement (DA) — A Development Agreement between the
Applicant and the City, pursuant to Section 15.45.020 (Development Agreement
Required) of the NBMC, which would provide the Applicant with the vested right
to develop the Project for a term of 10 years and to provide negotiated public
benefits to the City-,
Addendum to the 2006 General Plan Update Program Environmental
Impact Report (Addendum No. 9) - Pursuant to the California Environmental
Quality Act (CEQA), the Addendum addresses reasonably foreseeable
environmental impacts resulting from the Project-, and
Traffic Study - A traffic study pursuant to Chapter 15.40 (Traffic Phasing
Ordinance) of the NBMC.
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Residences at 1600 Dove Street (PA2022-0297)
Planning Commission, May 23, 2024
Page 5
The applicant has provided conceptual exhibits showing the anticipated design types
and possible site plan that may be presented as part of the future Project (Attachment
4). Figures 1 and 2 show the conceptual plans. Should the applications be approved by
the City Council, future development of the Project would be required to comply with the
Residential Overlay development standards set forth in the PC-11 1 and subject to Site
Development review by the Planning Commission. The applicant's full project description
and letters of support are provided as Attachment No. PC 2.
2
DOLPHIN -STRIKER WAY LEGEND
6 STORIES CF RESIDENTIAL
OVER PARKIN R
COURTYARD
PERIMETER LANDSCAPE
Figure 1: Conceptual Site Plan
0 12-23
Residences at 1600 Dove Street (PA2022-0297)
Planning Commission, May 23, 2024
XWOM
oil
A�-Y* 11:�
fill
RAI
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Figure 2: Conceptual Elevations
DISCUSSION
General Plan Consistency
The subject property is located in the Airport Area and is currently designated as Mixed
Use Horizontal 2 (MU-H2) by the General Plan Land Use Element. The Mixed -Use
Horizontal 2 (MU-H2) designation provides for a horizontal intermixing of uses that may
include regional commercial office, multifamily residential, vertical mixed -use buildings,
industrial, hotel rooms, and ancillary neighborhood commercial uses to a majority of
properties in the Airport Area. The MU-H2 designation also allows a maximum of 2,200
residential units as replacement of existing office, retail, and/or industrial uses at a
maximum density of 50 units per net acre. Any eligible density bonus allowed by
Government Code Section 65915 (State density bonus law) and NBMC Chapter 20.32
(Density Bonus) are not included in the 2,200-unit policy allowance.
While the proposed Project is allowed by the General Plan, the applicant is requesting
an amendment to Anomaly 12 of the General Plan Table LU2 (Anomaly Locations) to
increase the number of dwelling units allocated to the project site by 49 dwelling units,
for a total of 188 dwelling units. The base density currently allotted to the property is 139
dwelling units. This density is based on the conversion of the existing 60,675-square-
foot office building, consistent with the City's adopted land use conversion factors. The
applicant also proposes a 50% density bonus to increase the total unit count to 282
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Planning Commission, May 23, 2024
Page 7
pursuant to Newport Beach Municipal Code (NBMC) Section 20. 32 (Density Bonus)
and Government Code Section 65915 (Density Bonus Law). The dwelling unit
calculations are summarized below in Table 1.
Table 1 — Dwelling Unit Summary
Units Based on Existing Nonresidential Uses
139
Additional Units Requested via GPA
49
Total Base Units
188
Density Bonus( 0%)
94
Total Units Allowed
282
Total Units Proposed
282
Presently, there are a total of 209 units remaining and available to be entitled in the
Airport Area 2,200-unit policy allowance. The requested 49 GPA units would be in
addition to the 2,200-unit policy allowance. With the approval of this project, there would
be 70 (209-139=70) dwelling units remaining (exclusive of density bonus units and units
authorized through General Plan Amendments). Residential units approved, proposed,
and remaining within the MILI-H2 designation of the Airport Area are listed in the Table 2
below.
Table
2 - Airport Area Residential Units
Base Units
Project
Density
Totals with
Residential Development Allocation
Replacement
Additive
Transferred
Bonus
Density
Units
Units
Units
Total Units
Units
Bonus*
General Plan Unit Limit (MU-H2)
1,650
550
0
2,200
Approved Projects
Uptown Newport
632
290
-77
845
322
1,167
Newport Crossings
259
0
0
259
91
1 350
Residences at Airport Village
329
0
0
329
115
444
Residences at 4400 Von Karman
260
0
260
52
312
Residences at 1300 Bristol
77
0
+77
154
39
193
Residences at 1400 Bristol
89
0
0
89
77
229**
Residences at 1401 Quail
52
0
0
52
15
67
Projects Under Review
Residences at 1600 Dove
139
0
0
139
94
282***
Remaining Development Allocation
70
0
70
*Project totals reflect actual proposed project inclusive of density bonus units and any GPA units. However, the
density bonus units and GPA units are not restricted by the 2,200 residential unit limit identified in the 2006
General Plan.
**Total includes GPA for 64 dwelling units.
,***Total includes GPA for 49 dwelling units.
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Planning Commission, May 23, 2024
Page 8
The future residential development as envisioned is consistent with existing surrounding
uses and planned land uses identified by the General Plan, as it would introduce
additional residential land uses in the Airport Area which includes a diverse mix of land
uses including the gradual multiple residential opportunities.
The GPA to increase dwelling units does not eliminate existing or future land uses to the
overall detriment of the community given the subject property's size, location, and
surrounding uses. The existing office building on -site was built in the 1970's and there
are sufficient office facilities in the Airport Area to support the business needs of the
community. The Project would increase the City's housing stock including the provision
of 28 units that will be affordable to lower incomes.
The General Plan contains a number of policies that provide for the orderly evolution of
the Airport Area, from a business park to a mixed -use district with cohesive residential
villages integrated within the existing fabric of office, industrial, retail, and airport -related
businesses. This project site was identified as a site for mixed -use development within
the General Plan.
Housing Element
The Housing Element identifies adequate sites to accommodate its fair share allocation
for the 6th Cycle Housing Element to accommodate housing growth needs by income
categories. The project site is identified as a Housing Inventory Site 80. Figure B-3 of
the Housing Element (below) displays the capacity and opportunity within the Airport
Area which can help accommodate a portion of the City's Regional Housing needs
Allocation (RHNA). Ultimately, the anticipated residential development implements the
certified Housing Element and aids the City in its goal to provide new housing
opportunities.
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Planning Commission, May 23, 2024
Page 9
Figure B-3: AirportArea Environs —Sites Inventory
Site Inventory:
Airport Area Environs
LEGEND
City8oundary
5th Cyd� Sit -
Pipeline Projects
opportunity sites
Key Map
Airport Land Use Commission Consistency Determination
F-
0 500 1,000
The project site is within the boundaries of the Airport Environs Land Use Plan
(AELUP), therefore, the overseeing agency, Airport Land Use Commission (ALUC),
must review the proposed GPA pursuant to Government Code Section 65302.3 and
Public Utilities Code Section 21676. The purpose of ALUC's review is to determine
whether the Project is consistent with the AELUP prior to the City Council acting on the
Project. Staff anticipates review of the project by the ALUC on June 20, 2024.
Staff believes the Project is consistent with the requirements and standards in the
AELUP. The project site is located within the 60 decibel (dBA) community noise
equivalent level (CNEL) contour as shown in Figure N5 of the Noise Element of the
General Plan and in the AELUP, where residential development is allowed.
Additionally, the subject site is located within John Wayne Airport Safety Zone 6 which
allows residential uses. Lastly, the future residential development at the subject site will
be required to comply with the noise -related development standards set forth in Section
20.30.080(F) of the NBMC applicable to residential uses proximate to John Wayne
Airport.
The draft Planning Commission resolution (Attachment No. PC 1) includes facts in
support of a finding of consistency of relevant Airport Area policies. Furthermore, the
EIR Addendum includes a comprehensive analysis of all relevant General Plan policies.
The Project, as proposed, is consistent with all relevant General Plan policies except as
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Planning Commission, May 23, 2024
Page 10
waived through the Affordable Housing Implementation Plan (AHIP) pursuant to State
Density Bonus Law and NBMC Section 20.42 (Density Bonus) (see AHIP discussion
below).
Charter Section 423 Analysis
Charter Section 423 requires voter approval of any major General Plan amendment to
the General Plan. A major General Plan amendment is one that significantly increases
allowed density or intensity by 40,000 square feet of non-residential floor area,
increases traffic by more than 100 peak hour vehicle trips (AM/PM), or increases
residential dwelling units by 100 units. These thresholds apply to the total of increases
resulting from the amendment itself, plus 80% of the increases resulting from other
amendments affecting the same neighborhood (defined as a Statistical Area as shown
in the General Plan Land Use Element) and adopted within the preceding ten years.
Council Policy A-18 (Guidelines for Implementing Charter Section 423) requires that
proposed amendments to the General Plan be reviewed to determine if a vote of the
Newport Beach electorate would be required. This policy includes a provision that all
General Plan amendments be tracked as "Prior Amendments" for 10 years to determine
if minor amendments in a single Statistical Area cumulatively exceed the thresholds
indicated above.
The Project is the second General Plan Amendment in Statistical Area Ll within the last
10 years that included additional dwelling units or non-residential floor area. The
proposed amendment results in 49 additional dwelling units and no change in the
square footage of non-residential floor area. Density bonus units are not included in
Charter Section 423 analysis nor the General Plan Anomaly calculations.
The 49 additional dwelling units result in a net increase of 18 a.m. peak hour trips and
19 p.m. peak hour trips based on the "Multifamily Housing (Mid Rise) Not Close to Rail"
ITE 11 th Edition trip rate for the proposed use, as provided in Council Policy A-1 8. No
credit is given to the existing non-residential uses on -site because the existing office
floor area was converted to residential dwelling units so that the proposed Project (less
the density bonus and GPA units) is traffic neutral. Therefore, the Project individually
does not exceed the Charter Section 423 thresholds. A summary of the analysis is
provided below in Table 3.
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Planning Commission, May 23, 2024
Page 11
Table 3 — Charter 423 Analvsis
Projects
Description
Thresholds
Nonresidential
Dwelling
AM Peak
PM Peak
SF Change
Unit
Hour
Hour
Change
Change
Change
Prior Amendments
Residences at 1400
General Commercial (CO-G)
0
64
24
25
Bristol Street
to Mixed -Use Horizontal (MU -
(PA 2022-0296)
H2) and GPA for 64 additional
Approved April 9, 2024
units
100% Totals
0
64
24
25
80% Totals
0
51
19
2
Remaining Capacity
40,000
49
66
65
Without a Vote
Residences at 1600
GPA for 49 additional units
0
49
18
19
Dove Street
(Subject Project)
Thresholds
-
No
No
No
Exceeded?
As none of the thresholds specified by Charter Section 423 are exceeded, no vote of
the electorate is required if the City Council chooses to approve the requested GPA.
Tribal Consultation (SB- 18)
Pursuant to California Government Code Section 65352.3 (SB1 8), a local government is
required to contact the appropriate tribes identified by the Native American Heritage
Commission (NAHC) each time it considers a proposal to adopt or amend the General
Plan. If requested by any tribe, the local government must consult for the purpose of
preserving or mitigating impacts to cultural resources. The City received comments from
the NAHC indicating that 12 tribal contacts should be provided notice regarding the
proposed amendment. The tribal contacts were provided notice on February 23, 2023.
California Government Code Section 65352.3 requires notification 90 days prior to
Council action to allow tribal contacts to respond to the request to consult. The Project
will not be heard by the City Council until after the 90-day period, which expired on April
26, 2023. The City participated in consultations with three tribes: the Gabrieleno Band of
Mission Indians — Kizh Nation, the Juaneno Band of Mission Indians, Acjachemen
Nation-Belardes, and the Gabrielino Tongva Indians of California. Based on
consultation with the participating Native American Tribes, conditions of approval have
been included to address potential concerns regarding the protection of Tribal Cultural
Resources.
Newport Place Planned Community (Zoning Code) Consistency
The project site is located within the Newport Place Planned Community (PC-1 1) in the
Residential Overlay.
The Overlay allows for multi -unit residential development as a stand-alone use provided
that it includes a minimum of 15% of the base density for lower income households. The
future development project, as currently proposed, would provide this minimum number
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Planning Commission, May 23, 2024
Page 12
of affordable units by providing 28 dwelling units as affordable for very -low-income
households (188 base units x 15% = 28.2 = 28 units). The Overlay also contains
development standards for multi -unit residential development, including density, height,
setbacks, parking, signage, airport noise compatibility, amenities, and landscaping.
The Overlay limits the density for a residential development to be between 30 and 50
dwelling units per acre. The Project includes 139 base units or 55.8 dwelling units per
acre, not including density bonus units or the requested units through the requested
GPA. The base density with the requested GPA results in a density of 75.5 dwelling
units per acre. The overall density of the project including the density bonus units is 113
units per acre. Both the base density and density bonus units are not consistent with the
PC Text density requirement; however, the Applicant is requesting a development
standard waiver pursuant to the NBMC and State Density Bonus Law. Furthermore, the
proposed building will likely exceed the 55-foot maximum height allowed by PC-1 1, and
therefore a development standard waiver is requested for this height restriction to allow
future development of up to 100 feet.
The future residential development is subject to a Major Site Development Review and
will be required to comply with all other development standards of the PC-1 1 Residential
Overlay.
Affordable Housing Implementation Plan
The applicant has prepared a draft Affordable Housing Implementation Plan (AHIP),
dated April 22, 2024 (Exhibit D of Attachment No. PC 1) to illustrate compliance with
the affordable housing requirements of the Residential Overlay of Newport Place
Planned Community and density bonus allowances pursuant NBMC Chapter 20.32
(Density Bonus Code) and Government Code Section 65915-65918 (Density Bonus
Law). Because the Project has not been designed yet, additional incentives or
development standards may be requested as part of a future site development review
and subject to approval of any changes through an AHIP amendment.
Consistent with the affordable housing requirements of the Residential Overlay, 15% or
28 units of the Project's 188 base units would be set aside as affordable units to very -
low -income households for 55 years.
In centivelCon cession Requests. -
The 15% allocation of very -low-income households makes the Project entitled to a
density bonus of 50% (94 units) above the maximum number of units allowed by the
General Plan and requested GPA increase.
In addition to the 94 density bonus units requested, the Project is entitled to receive
three incentives or concessions that would result in identifiable, financially sufficient,
and actual cost reductions. The applicant requests the following two incentives at this
time:
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Planning Commission, May 23, 2024
Page 13
1. Partial In -Lieu Park Fee Waiver. Pursuant to General Plan Policy General Plan
Land Use Policy LU 6.15.13, the Applicant is required to dedicate 0.50 acre of
land for a neighborhood park or pay an in -lieu fee for the City to acquire and
improve parks in the Airport Area. The applicant is required to pay $1,837,500 for
the in -lieu park fee (0.50-acre park equivalent). The Applicant is contributing
approximately $714,212 for this purpose; therefore, an incentive/concession is
required to waive the remaining fee. The reduction in park in -lieu fees would
allow the applicant to contribute to the overall fund for parks in the Airport Area,
while providing identifiable cost reduction that make the provision of affordable
units feasible. Because the request includes a waiver of a City imposed fee, the
Council has the discretion to approve, deny, or modify this concession pursuant
to Density Bonus Law.
2. Affordable unit mix that does not meet NBMC Section 20.32.110 (Design and
Distribution of Affordable Units). This section requires affordable units in a
density bonus project reflect the same range of unit types in the residential
development as a whole. See previous discussion regarding unit mix. Granting
this incentive will result in identifiable, financially sufficient, and actual project
cost reductions by reducing the long-term rental subsidy costs associated with
the two -bedroom units and affording additional rental income for the project to
ensure financial feasibility.
Development Standard Waivers
In addition to the density bonus units and financial concessions, the Project is entitled to
receive unlimited waivers or reductions of development standards, including parking
reductions, if the development standard would physically prevent the project from being
built at the permitted density. In this case, the Applicant requests waivers of the
following three development standards:
1 . Park dedication requirement. General Plan Land Use Policy LU 6.15.13 requires
a public park equal to 8% of the gross land area of the development, or a
minimum one-half acre, whichever is greater, be provided. In this case, the 2.49-
acre project site is too small to feasibly accommodate a half -acre park. The City
has granted this dedication waiver four times previously with the Newport Airport
Village Planned Community, the Residences at 1300 Bristol Street, Residences
at 1400 Bristol, and Residences at 1401 Quail projects.
2. Residential density. General Plan Land Use Policy LU 6.15.7 and PC-1 1 limits
residential density between 30-50 units per acre. Inclusive of only the conversion
units, the density would not comply at 55.8 dwelling units per acre. Including the
proposed GPA units, the conversion units, and density bonus the resulting
density would be 113 units per acre exceeding the limit and a waiver is
necessary to implement the project. Again, the City has previously granted this
policy waiver allowing excess density three times with the Newport Airport Village
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Planning Commission, May 23, 2024
Page 14
Planned Community, the Residences at 1300 Bristol Street, and Residences at
1400 Bristol projects.
3. Building height. The Newport Place Planned Community (PC-1 1) limits building
height to 55 feet from established grade. In this case, a higher building height is
necessary to accommodate 282 residential units within seven stories. The
Project is anticipated to have a height of 100 feet from established grade.
Fiscal Impact Analysis
Pursuant to General Plan Implementation Program 12.1, a fiscal impact analysis was
prepared for the project by Applied Development Economics dated April 17, 2024
(Attachment PC 3). The fiscal impact model used in the report calculates public service
impacts for specific land uses that support the residential population, the employment
base and the visitor population in Newport Beach. It also calculates the public revenues
that each type of land use typically generates for the City, including property taxes,
sales taxes and other taxes as well as a variety of user charges and fees.
The report concludes that the future residential rental project would generate a positive
fiscal impact for the City, compared to the negative fiscal impact of the existing office
use of the site. Annually, the existing office use generates a negative fiscal impact of
about $104,661 per year and the residential development would anticipate generating a
positive fiscal impact of approximately $41,732. This is based on the expected socio-
economic profile of the future tenants. A positive fiscal impact for a for -rent property is
not consistent with the original fiscal analysis of residential uses in the 2006 General
Plan, although in recent years some other very high value luxury residential projects
have shown a positive fiscal benefit. If the anticipated resident profile (i.e. demographic
profile of residents) turns out to be more like the average Newport Beach demographic
(e.g. older population), or if it changes in that direction over time, then the residential
development would have a lower, or possibly negative impact on the City budget.
However, even so, the 2006 General Plan anticipated an increased development
potential for commercial and lodging uses, in addition to the new residential units it
would permit. The net impact of the growth in land uses at buildout of the General Plan
compared to existing land uses in 2006 when the plan was adopted, would result in a
positive fiscal impact for the General Fund of $21.7 million per year.' Thus, any
negative fiscal impacts of future residential development can potentially be mitigated as
long as commercial development keeps pace elsewhere throughout the City.
Development Agreement
In accordance with Section 15.45.020.A.2.a (Development Agreement Required) of the
NBMC, a development agreement is required as the proposed project includes a
General Plan Amendment and the development of 50 or more residential units.
Additionally, the project will be required to pay public benefit fees as part of the
'Applied Development Economics, Fiscal Impact Analysis Land Use Element Amendment, April 4,2014. p. 3.
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Planning Commission, May 23, 2024
Page 15
Development Agreement. The project would also provide much needed housing
opportunities in the City in furtherance of the certified Housing Element including 28
rental units affordable to very -low income households.
The applicant requests a 10-year term of agreement. The agreement provides
assurance that the applicant may proceed with the proposed project in accordance with
existing policies, rules and regulations, and conditions of approval. Additionally, the
agreement helps the applicant avoid a waste of resources and escalated costs of the
proposed project while encouraging a commitment to private participation in
comprehensive planning. Staff supports the requested 1 0-year term.
The DA provides vested rights to develop the project and the City will finalize the
payment of negotiated public benefit fees per each residential dwelling unit. The total
fee will have three components: a public safety fee, a reduced park in -lieu fee, and a
general public benefit fee (Table 4, below). The public safety fee will assist the City with
the costs of an additional ambulance unit that will be stationed at Fire Station No. 7 that
will serve this area or other public safety needs. The park fee will be used consistent
with City Council Policy B-1 (Park Fee Policy) or for the future acquisition and
development of a neighborhood park in the Airport Area. The public benefit fee will be
used solely at the City Council's discretion. The public benefit fee would be subject to
annual adjustments, based on the CPI Index after two years, and would be payable at
building permit issuance or prior to occupancy.
Table 4: Projected Public Benefit Fees
Category
Fee
Public Safety
$285,760
Reduced Park In -Lieu
$714,212
General Public Benefit
$3,555,268
Total
$4,555,240
Finally, the agreement includes all mandatory elements, including public benefits that
are appropriate to support conveying the vested development rights consistent with the
City's General Plan, NBMC, and Government Code Sections 65864 et seq.
Traffic Phasing Ordinance (TPO)
NBMC Chapter 15.40 (Traffic Phasing Ordinance) requires a traffic study to be prepared
prior to issuance of building permits if a proposed project generates in excess of 300
new average daily trips (ADT).
Ganddini Group Inc. has prepared a traffic study dated August 14, 2023 (Exhibit F of
Attachment No. PC 1), under the supervision of the City Traffic Engineer, pursuant to
the Traffic Phasing Ordinance (TPO) and its implementing guidelines. The traffic study
is focused on the conditions one year after project occupancy, or five years after project
10 12-33
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Planning Commission, May 23, 2024
Page 16
approval for larger projects not expected to be complete within five years. Baseline
traffic conditions for a TPO traffic study include previously approved projects in the City.
The Traffic Study provides an evaluation of morning and evening peak hours at 14
existing intersections that are located in the City and the adjoining City of Irvine. The
Project is projected to generate an additional (i.e. net increase of) 622 daily trips,
including 12 peak a.m. trips and 22 peak p.m. trips. When these trips are distributed to
these studied intersections, the analysis concludes that there is no significant impact as
the project will neither cause nor make worse an unsatisfactory level of service at any
impacted primary intersection, and all intersections are forecasted to continue to
operate at acceptable Levels of Service (LOS). Additionally, the Traffic Study includes
vehicle miles traveled (VMT) analysis for informational purposes only. An analysis of
VIVIT was not required as a part of the CEQA Addendum because the adopted Program
Environmental Impact Report (PEIR), adopted in 2006, did not utilize VIVIT analysis.
Nonetheless, the informational analysis concludes that the project is in an area mapped
with low residential VIVIT per capita. Therefore, the project is presumed to have a less
than significant impact on VIVIT since it satisfies the City established screening criteria.
Furthermore, the TPO requires findings that, based on the weight of the evidence in the
administrative record, including the traffic study, the proposed project complies with the
TPO. Findings related to the preparation of the traffic study are provided in the draft
resolution for project approval (Attachment No. PC 1).
Environmental Review
On July 25, 2006, the City Council adopted Resolution No. 2006-75, thereby certifying
the adequacy and completeness of the Environmental Impact Report (EIR) for the
General Plan 2006 Update (SCH No. 2006011119). The EIR was prepared in
compliance with the CEQA set forth in the California Public Resources Code Section
21000 et seq. and its implementing State regulations set forth in the California Code of
Regulations Title 14, Division 6, Chapter 3 (CEQA Guidelines) and City Council Policy
K-3. Additionally, in accordance with Section 15168(a) of the CEQA Guidelines, the City
prepared the EIR as a Program Environmental Impact Report (EIR). This PEIR
analyzed the potential impacts of a citywide land use plan, and the goals and policies of
10 general plan elements.
Additionally, on November 22, 2011, the City Council adopted General Plan
Amendment No. GP2008-003, thereby approving the City of Newport Beach Housing
Element Update (2008-2014) and its associated Housing Element Initial Study/Negative
Declaration.
Pursuant to Section 21166 of the California Public Resources Code and Section 15162
of the CEQA Guidelines, when an EIR or prior Negative Declaration has been certified
for a project, no subsequent EIR or other analysis is required unless the lead agency
determines, on the basis of substantial evidence in the light of the whole record, one or
more of the following:
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Residences at 1600 Dove Street (PA2022-0297)
Planning Commission, May 23, 2024
Page 17
1. Substantial changes are proposed in the project which will require major
revisions of the previous EIR due to the involvement of new significant
environmental effects or a substantial increase in the severity of previously
identified significant effects;
2. Substantial changes occur with respect to the circumstances under which the
project is undertaken which will require major revisions of the previous EIR
due to the involvement of new significant environmental effects or a
substantial increase in the severity of previously identified significant effects;
or
3. New information of substantial importance, which was not known and could
not have been known with the exercise of reasonable diligence at the time the
previous EIR was certified as complete, shows any of the following:
a. The project will have one or more significant effects not discussed in the
previous EIR;
b. Significant effects previously examined will be substantially more severe
than shown in the previous EIR;
C. Mitigation measures or alternatives previously found not to be feasible
would in fact be feasible and would substantially reduce one or more
significant effects of the project, but the project proponents decline to
adopt the mitigation measure or alternative; or
d. Mitigation measures or alternatives which are considerably different from
those analyzed in the previous EIR would substantially reduce one or
more significant effects on the environment, but the project proponents
decline to adopt the mitigation measure or alternative.
The City contracted with an environmental consultant (Psomas, Inc.) to prepare an
Addendum to the PEIR. The entire Addendum and its technical appendixes are
available online at the City's website at: www.newportbeachca.gov/cega. The
conclusion of the Addendum analysis supports the finding that no additional
environmental documentation is required by CEQA.
On the basis of the entire environmental review record, the project will not result in any
new significant impacts that were not previously analyzed in the PEIR for the General
Plan 2006 Update (SCH No. 2006011119) or the Housing Element Initial
Study/Negative Declaration. All potential impacts associated with this Project would
either be the same or less than those described in either the PEIR or Negative
Declaration that have been appropriately mitigated. In addition, there are no substantial
changes to the circumstances under which the project would be undertaken that would
result in new or more severe environmental impacts than previously addressed in either
12 12-35
Residences at 1600 Dove Street (PA2022-0297)
Planning Commission, May 23, 2024
Page 18
the PEIR, nor has any new information regarding the potential for new or more severe
significant environmental impacts been identified. Therefore, in accordance with Section
15164 of the CEQA Guidelines, an addendum to the previously adopted PEIR is the
appropriate environmental document for the project.
Summary
Staff believes the findings for project approval can be made, with specific conditions of
approval for the AHIP and TPO Study. The proposed Project is consistent with the
existing MU-H2 General Plan Land Use designation and its land use policies related
residential developments in the Airport Area. The proposed project is also consistent
with the recently updated Noise Element and AELUP.
The existing Newport Place Residential Overlay allows multi -unit uses subject to
approval of a site development review, which would be requested once the Project is
designed. The site development review will ensure the design of the future project will
be implemented consistent with all applicable development and design standards.
Ultimately, the Project will lead to the redevelopment of underperforming office with a
multi -unit residential apartment development that will include affordable units consistent
with the Overlay and in furtherance of the adopted 611 Cycle Housing Element.
Alternatives
1. The Planning Commission has the discretion to recommend changes to the
proposed Project to address any areas of concern.
2. The Planning Commission can also recommend denial if the Project's
consistency with the MU-H2 and/or other applicable Airport Area policies are not
in evidence. If the Planning Commission chooses to deny the project, findings
must be made consistent with the Housing Accountability Act (Government Code
Section 65589.5) and Density Bonus Law (Government Code Section 65915).
Therefore, if after consideration of all written and oral evidence presented, the
Planning Commission desires to either disapprove or impose a condition that the
project be developed at a lower density or with any other conditions that would
adversely impact feasibility of the proposed project, the Planning Commission
must articulate the factual basis for making the following findings and direct staff
to return with a revised resolution incorporating the articulated findings and
factual basis for the decision:
a. The housing development project would have a specific, adverse impact upon
the public health or safety. As used in this paragraph, a "specific, adverse
impact" means a significant, quantifiable, direct, and unavoidable impact,
based on objective, identified written public health or safety standards,
policies, or conditions as they existed on the date the application was deemed
complete.
12-36
Residences at 1600 Dove Street (PA2022-0297)
Planning Commission, May 23, 2024
Page 19
b. There is no feasible method to satisfactorily mitigate or avoid the adverse
impact without rendering the development unaffordable to affordable
households financially infeasible.
Piffilir. Nlnfirp
Notice of this hearing was published in the Daily Pilot, mailed to all owners of property
within 300 feet of the boundaries of the site (excluding intervening rights -of -way and
waterways) including the applicant, and posted on the subject property at least 10 days
before the scheduled meeting, consistent with the provisions of the Municipal Code.
Additionally, the item appeared on the agenda for this meeting, which was posted at
City Hall and on the city website.
Prepared by:
Liz \Wes-Fm-oreland, AICP
Senior Planner
ATTACHMENTS
Submitted by:
J*6e Murillo, AICP
Acting Deputy Community Development Director
PC 1 Draft Resolution with Findings and Conditions
PC 2 Applicant's Project Description and Letters of Support
PC 3 Fiscal Impact Memorandum
PC 4 Conceptual Exhibits
2 0 12-37
Attachment C
May 23, 2024 Planning Commission Minutes Excerpt
12-38
DocuSign Envelope ID: A2E5C4Bl-D372-4743-8464-A33OB600FE9A
NEWPORT BEACH PLANNING COMMISSION MINUTES
CITY COUNCIL CHAMBERS — 100 CIVIC CENTER DRIVE
THURSDAY, MAY 23, 2024
REGULAR MEETING — 6:00 P.M.
1. CALL TO ORDER- 6:00 P.M.
11. PLEDGE OF ALLEGIANCE — Commissioner Langford
Ill. ROLL CALL
PRESENT: Chair Curtis Ellmore, Vice Chair Mark Rosene, Secretary Tristan Harris,
Commissioner Brady Barto, Commissioner Jonathan Langford, and Commissioner
David Salene
ABSENT: Commissioner Lee Lowrey
Staff Present: Assistant City Manager/Community Development Director Seimone Jurjis, Acting
Deputy Community Development Director Jaime Murillo, Assistant City Attorney
Yolanda Summerhill, City Traffic Engineer Brad Sommers, Senior Planner Liz
Westmoreland, Associate Planner Joselyn Perez, Department Assistant Savannah
Martinez, and Department Assistant Jasmine Leon
PUBLIC COMMENTS - None
V. RWUEST FOR CONTINUANCES - None
VI. CONSE ITEMS
ITEM NO. 1 UTES OF APRIL 18,2024
mende c
Recom= tion: Approve and file
Motion made by Commissioner rd and seconded by Secretary Harris to approve the minutes of April
18,2024.
AYES: Barto, Ellmore, Harris, Lang rd, Rosene, and Salene
r Rose and Salen,
NOES: None
ABSTAIN: None
ABSENT: Lowrey
ITEM NO. 2 PETTEY FAMILY TRUST ENCROACH T (PA2024-0067)
Site Location: 521 Larkspur Avenue
Summary:
A request to waive City Council Policy L-6 to retain existing and coft�,uct new non -compliant
private improvements consisting of 3-foot-tall vinyl fencing and 6-16ot-tall vinyl fencing
encroaching up to 6-feet and 2-foot 6-inches, respectively, within the 50-footwi�e Third Avenue
public right-of-way. The Third Avenue right-of-way is approximately 10 feet from Qfaceof 'curb
to the property line. City Council Policy L-6 prohibits the existing and proposed new A Ifencing
to a 1 -foot projection into the right-of-way and limiting encroachments to 36-inches maxi um.
Recommended Actions:
Page I of 7
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Planning Commission Meeting Minutes
May 23, 2024
1. Find the project exempt from the California Environmental Quality Act (CEQA) pursuant
to Sections 15060(c)(2), 15060(c)(3) (Preliminary Review), and Section 15303 Class 3
(New Construction or Conversion of Small Structures) of the CEQA Guidelines, because
it has no potential to have a significant effect on the environment;
2. Waive City Council Policy L-6, Encroachments in Public Rhqhts-of-Wa I to retain existing
and construct new non -compliant private improvements consisting of 3-foot-tall and 6-
'u
"u '.
oot-ta I I vinyl fencing that encroach into the Third Avenue public rights -of -way, contingent
Pon all conditions of the Encroachment Permit process being met (Attachment No. PC
1 . and
3. Adop, Rnsolnution No. PC2024-009 waiving City Council Policy L-6 and approving
, T e
Encr(a- . t Permit No. N2024-0154.
City Traffic Engineer So�mers relayed the request by the homeowner for private improvements in
the public right-of-way, pro rty location, project scope, findings from a review by Public Works,
support of the waiver by Publ Works, and condition of approval for an encroachment agreement
within a year of approval.
In response to Secretary Harris'\question, City Traffic Engineer Sommers stated that the
encroachment agreement will allow t ity to take the land back for public improvements at the
expense of the homeowner. N�
In response to Vice Chair Rosene's questioNcity Traffic Engineer Sommers clarified that the 6-foot
fence is being relocated on the property to im�fove the sight distance coming out of the driveway.
There were no ex-parte communications disclose by the Commissioners.
There was no public comment.
Co rr
Motion made by Vice Chair Rosene and seconded \byCo missioner Salene to approve the item as
recommended by staff.
AYES:
Barto, Ellmore, Harris, Langford, Rosene, and S"17
NOES:
None
RECUSED:
None
ABSENT:
Lowrey
ITEM NO. 3 SMITH FAMILY TRUST ENCROACHMENT (P
Site Location: 3015 Cliff Drive
Summary:
A request to waive City Council Policy L-6 to retain private improvements cons tin, of a, various
- 40
.!!l e� -f( -wide
retaining walls, steps, and pilasters with lights that encroach up to 4 feet withi t. oot ..
'c rig
La Jolla Drive public right-of-way and up to 13 feet within the 80-foot-wide Cliff Dri public right -
I
of -way. The La Jolla Drive public right-of-way is approximately 5-foot wide from the ce of cu Irb
to property line and the Cliff Drive right-of-way is approximately 13-foot wide from t \ of
face
t
curb to the property line. City Council Policy L-6 prohibits retaining walls, steps, and p 'asters
,v
with lights since structures are limited to a one 1 -foot projection into the right-of-way, max um
height of 36-inches, and prohibits lighting.
Page 2 of 7
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Planning Commission Meeting Minutes
May 23, 2024
Recommended Actions:
1. Find the project exempt from the California Environmental Quality Act (CEQA) pursuant
to Sections 15060(c)(2) and 15060(c)(3) (Preliminary Review) of the CEQA Guidelines,
because it has no potential to have a significant effect on the environment;
2. . e City Council Policy L-6, Encroachments in Public R4qhts-of-Wa , to retain non-
c comp t private improvements consisting of varying height retaining walls, steps, and
m
p
e Cit
t p
C
ri
0
v
u
ate
nc
i
i
m
I P
pr
0
0
W�" lic
v
y
L-6
men
pilasters h lights that encroach into the La Jolla Drive and Cliff Drive public rights -of -
way, conting t upon all conditions of the Encroachment Permit process being met
(Attachment No. C 1); and
3. Adopt Resolution No. 2024-010 waiving City Council Policy L-6 and approving
Encroachment Permit No. 024-0163.
City Traffic Engineer Sommers relayed the"'� uest by the homeowner related to private
improvements in the public right-of-way, findings trom,,a review by Public Works, and condition of
approval for an encroachment agreement within a yearof,,approval.
There were no ex-parte communications disclosed by the Com'Kissioners.
There was no public comment.
Motion made by Secretary Harris and seconded by Commissioner Salene rove the item as
recommended by staff. 1"7
AYES:
Barto, Ellmore, Harris, Langford, Rosene, and Salene
NOES:
None
RECUSED:
None
ABSENT:
Lowrey
VII. PUBLIC HEARING ITEMS
ITEM NO. 4 RESIDENCES AT 1600 DOVE STREET (PA2022-0297)
Site Location: 1600 Dove Street
Summary:
The Applicant is requesting approval of the following entitlements for the future development of
a multi -unit residential project consisting of up to 282 dwelling units at 1600 Dove Street
(Project):
General Plan Amendment (GPA) - A request to add 49 dwelling units above the current
General Plan allowance for the Airport Area, and amend Anomaly 12 of the General
Plan Table LU2 (Anomaly Locations) allocating the 49 residential dwelling to the
Property;
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
50% increase in density including a request for three development standard waivers
related to height, park dedication requirement, and overall residential density along with
two development concessions related to the payment of partial park in -lieu fees and mix
of affordable units pursuant to Chapter 20.32 (Density Bonus) of the Newport Beach
Page 3 of 7
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Planning Commission Meeting Minutes
May 23, 2024
Municipal Code (NBMC) and Government Code Section 65915 et seq. ("State Density
Bonus Law");
Development Agreement (DA) � A Development Agreement between the Applicant and
the City, pursuant to Section 15.45.020 (Development Agreement Required) of the
NBMC, which would provide the Applicant with the vested right to develop the Project
for a term of 10 years and to provide negotiated public benefits to the City;
Addendum to the 2006 General Plan Update Program Environmental Impact Report
(Addendum No. 9) - Pursuant to the California Environmental Quality Act (CEQA), the
Addendum addresses reasonably foreseeable environmental impacts resulting from the
Project; and
Traffic Study - A traffic study pursuant to Chapter 15.40 (Traffic Phasing Ordinance) of
the NBMC.
The Project would require a future Site Development Review approval prior to building permit
issuance as no specific design for the Project is included.
Recommended Action:
1. Conduct a public hearing;
2. Find that potential environmental impacts have been previously mitigated through the
implementation of the policies of the General Plan as evaluated in Program
Environmental Impact Report for the 2006 General Plan Update (SCH No.
2006011119), and the City of Newport Beach Housing Element Initial Study/Negative
Declaration (collectively, the PEIR); therefore, in accordance with Section 15164 of the
California Environmental Quality Act (CEQA) Guidelines, an addendum to the previously
adopted PEIR is the appropriate environmental documentation for the Project; and
3. Adopt Resolution No. PC2024-008 recommending the City Council adoption of
Environmental Impact Report Addendum No. 9, and approval of General Plan
Amendment, Affordable Housing Implementation Plan, Traffic Study, and Development
Agreement, for the project located at 1600 Dove Street (PA2022-0297).
Secretary Harris recused himself from the item due to a business interest conflict
Senior Planner Westmoreland used a presentation to review the project location, land use and zoning,
project description, entitlements requested, dwelling unit summary, conceptual elevations, density
bonus and AHIP, development agreement, CEQA addendum and traffic study, Charter Section 423
Analysis, recommendation, and next steps.
In response to Commissioner Salene's question, Senior Planner Westmoreland stated that the reduced
park fee is based on a negotiated number.
Commissioners Barto and Langford disclosed ex parte communication by speaking with the
representative from the developer, while the remaining Commissioners had none.
Chair Ellmore opened the public hearing.
Satish Lion, representing The Picerne Group, utilized a presentation to review the project team, sponsor,
and context map, current condition, product evolution, and community support and commitment. He
agreed to the recommended conditions.
Page 4 of 7
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Planning Commission Meeting Minutes
May 23, 2024
Chair Ellmore closed the public hearing.
Commissioner Langford thought the project was thoughtful
Commissioner Salene thought the project is pushing the density and expressed concern for the starting
base density, additional bonuses, and an aggressive approach.
Motion made by Commissioner Langford and seconded by Chair Ellmore to approve the item as
recommended by staff.
AYES: Barto, Ellmore, Langford, and Rosene
NOES: Salene
RECUSED: Harris
ABSENT: Lowrey
ITEM NO. 5 FLETCHER JONES AIRPORT SHUTTLE AND PARKING FACILITY (PA2023-
0172)
Site Location: 20071 Birch Street
mmary:
%req uest for a conditional use permit to relocate the existing Fletcher Jones Motorcars
'_.1 r ed
r r Owners Airport Shuttle Facility from its current location at 2172, 2192, and 2222
Sout ristol Street to a new site at 20071 Birch Street. If approved, the new site will be
develope with an approximately 1,134 square -foot, single -story, reception office and
surface par i g for 83 cars. Accessory improvements include security fencing and perimeter
walls, site lighti hardscaping, and landscaping. No late hours are proposed. The request
isonephaseofa rger future effort by Fletcher Jones Motorcars to redevelop 2172, 2192,
and 2222 South Bn I Street and the adjoining property at 20052 Birch Street into an
automotive inventory fa ility with accessory parking. With approval of this application, the
conditional use permit for lication PA2022-128 would be rescinded.
Recommended Actions:
1. Conduct a public hearing;
2. Find this project exempt from the CaliforN Environmental Quality Act (CEQA) pursuant
to Section 15303 under Class 3 (New Con uction or Conversion of Small Structures),
!�L pmen
Section 15332 under Class 32 (in -Fill E Me. t Projects), and Section 15183
an or
(Projects Consistent with a Community Plan, G eral Plan, or Zoning) of the CEQA
Guidelines, because it has no potential to have a si ificant effect on the environment;
and
3. Adopt Resolution No. PC2024-011 approving the conditi al use permit filed as
PA2023-0172.
Associate Planner Perez used a presentation to review the vicinity map, surroundl land �se and
u facilit
zoning, existing airport shuttle facility, future redevelopment plans for the existing s i y site,
the proposed relocation project, site improvements for the new airport shuttle facility, de ibed why
a conditional use permit is required, reviewed compatibility findings and conditions of app val for
the project, recommended adding three additional conditions of approval to the resolution, proaided
an overview of the environmental review and CEQA, and recommended approval.
Page 5 of 7
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Planning Commission Meeting Minutes
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Acting Deputy Com—��Development Director Murillo noted that the next Planning Commission
meeting scheduled for June 5 is cial Meeting.
ITEM NO. 8 REQUESTS FOR EXCUSED ABSE - one
1 rt t
IX. ADJOURNMENT - With no further business, the meeting was adjo�urned � �irEllm�®re !6:40
p.m.
The agenda for the May 23, 2024, Planning Commission meeting was posted on Thursday, May 16,
2024, at 3:30 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, May 16, 2024,
at 3:33 p.m.
(aDIN�
Curtis Ellmore, Uriair
J-�iSfalA, NYYiS
Tristan Harris, z5ecretary
Page 7 of 7
12-44
Attachment D
Planning Commission Resolution No. PC2024-008 (no exhibits)
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RESOLUTION NO. PC2024-008
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF NEWPORT BEACH, RECOMMENDING CITY COUNCIL
ADOPTION OF A GENERAL PLAN AMENDMENT, AFFORDABLE
HOUSING IMPLEMENTATION PLAN, DEVELOPMENT
AGREEMENT, ENVIRONMENTAL IMPACT REPORT
ADDENDUM NO. 9 TO THE 2006 GENERAL PLAN UPDATE
PROGRAM ENVIRONMENTAL IMPACT REPORT AND 2008-2014
CITY OF NEWPORT BEACH HOUSING ELEMENT UPDATE
INITIAL STUDY/NEGATIVE DECLARATION, AND TRAFFIC
STUDY FOR THE RESIDENCES AT 1600 DOVE PROJECT
LOCATED AT 1600 DOVE STREET (PA2022-0297)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
An application was filed by The Picerne Group ("Applicant"), with respect to the property
located at 1600 Dove Street, and legally described in Exhibit "A," which is attached hereto
and incorporated by reference ("Property").
2. The Applicant requests approvals to that would allow future development of a seven -story
apartment complex consisting of up to 282 apartment units ("Project"), which requires the
following approvals:
General Plan Amendment ("GPA")- A request to add 49 dwelling units above the
General Plan allowance, and amend Anomaly Number 12 of the General Plan Table
LU2 (Anomaly Locations) to allow 49 residential dwelling units at the Property;
Affordable Housing Implementation Plan ("AHIP")- A preliminary plan specifying
how the Project would meet the City's affordable housing requirements, in exchange
for a request of 50% increase in density including a request for three development
standard waivers related to height, park dedication requirement, and overall residential
density along with two development concessions related to the payment of park in -lieu
fees and affordable unit mix pursuant to Chapter 20.32 (Density Bonus) of the Newport
Beach Municipal Code ("NBMC") and Government Code Section 65915 et seq. ("State
Density Bonus Law");
Development Agreement ("DA") —A development agreement between the Applicant
and the City, pursuant to Section 15.45.020 (Development Agreement Required) of the
NBMC, which would provide the Applicant with the vested right to develop the Project
for a term of 10 years and to provide negotiated public benefits to the City;
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Planning Commission Resolution No. PC2024-008
Pacle 2 of 24
Traffic Study - A traffic study pursuant to Chapter 15.40 (Traffic Phasing Ordinance)
of the NBMC.
Addendum to the 2006 General Plan Update Program Environmental Impact
Report ("Addendum No. 9") - Pursuant to the California Environmental Quality Act
("CEQA"), the Addendum addresses reasonably foreseeable environmental impacts
resulting from the Project; and
3. The Property is designated Mixed -Use Horizontal 2 (MU-H2) by the General Plan Land
Use Element and located within the Newport Place Planned Community (PC-1 1) Zoning
District Professional and Business Office Site 7.
4. The Property is not located within the coastal zone, therefore amending the Local Coastal
Program or obtaining a coastal development permit is not required.
5. A public hearing was held on May 23, 2024, in the Council Chambers at 100 Civic Center
Drive, Newport Beach, California. A notice of the time, place, and purpose of the hearing
was given in accordance with Government Code Section 54950 et seq. ("Ralph M.
Brown Act"), and Chapter 15.45 (Development Agreements), and Chapter 20.62 (Public
Hearings) of the NBMC. Evidence, both written and oral, was presented to and
considered by, the Planning Commission at this hearing.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1 The City Council adopted Resolution No. 2006-75 on July 25, 2006, thereby certifying the
adequacy and completeness of the Environmental Impact Report ("EIR") for the General
Plan Update (SCH No. 2006011119). The EIR was prepared in compliance with
California Public Resources Code Section 21000 et seq. and its implementing State
regulations set forth in the California Code of Regulations Title 14, Division 6, Chapter
3 ("CEQA Guidelines") and City Council Policy K-3. Additionally, in accordance with
Section 15168(a) of the CEQA Guidelines, the City prepared the EIR as a Program
Environmental Impact Report ("PEIR"). This PEIR analyzed the potential impacts of a
citywide land use plan and the goals and policies of 10 general plan elements.
2. The City Council adopted General Plan Amendment No. GP2008-003 on November 22,
2011, thereby approving the 2008-2014 City of Newport Beach Housing Element Update
and its associated Housing Element and Initial Study/Negative Declaration under CEQA.
3. The City Council adopted Resolution Nos. 2007-79 and 2012-62 on December 11, 2007
and July 24th, 2012, respectively, approving Addenda Nos. 1 and 2 to the 2006 General
Plan Update EIR to analyze changes to the development intensities within the North
Newport Center Planned Community ("NNCPC") Development Plan.
4. The City Council adopted Resolution No. 2020-78 on September 8, 2020, approving
Addendum No. 3 (ER2020-002), to the 2006 General Plan Update EIR to amend the
General Plan Land Use Designation of the Newport Airport Village project located 4341,
4361, and 4501 Birch Street; 4320, 4340, 4360, 4400, 4500, 4520, 4540, 4570, 4600, and
01-17-23
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Planning Commission Resolution No. PC2024-008
Paae 3 of 24
4630 Campus Drive; and 4525, 4533, and 4647 MacArthur Boulevard, from Airport Office
and Supporting Uses (AO) to Mixed -Use Horizontal 2 (MU-H2) and amend Table LU2
(Anomaly Locations) to add Anomaly No. 86 to allow for the development of 329 dwelling
units, exclusive of any permitted density bonus, and 297,572 square feet of commercial
uses. No analysis specific to the Property was included in Addendum No. 3.
5. The City Council adopted Resolution No. 2021-2 on January 26, 2021, approving
Addendum No. 4 (ER2020-003), to the PEIR to amend Planned Community Development
Plan No. 15 (Koll Center Newport Planned Community) for the creation of a residential
overlay zone and a park overlay zone to allow for residential use and a public park within
the Koll Center Newport Professional and Business Office Site B, including a major site
development review, traffic study, lot line adjustment, affordable housing implementation
plan, and development agreement for the Residences at 4400 Von Karman Project. No
analysis specific to the Property was included in Addendum No. 4.
6. The City Council adopted Resolution No. 2022-19 on March 22, 2022, approving
Addendum No. 5 (ER2022-001), to the PEIR to approve the Residences at 1300 Bristol
Street Project. No analysis specific to the Property was included in Addendum No. 5.
7. The Planning Commission approved Resolution No. PC2022-011 on May 12, 2022,
approving Addendum No. 6 (ER2022-002), to the PEIR to approve the Ritz Carlton
Residences Project. No analysis specific to the Property was included in Addendum No.
6.
8. The City Council approved Resolution No. 2024-22 on April 9, 2024, approving Addendum
No. 7 (PA2022-0296) to the PEIR to approve the Residences at 1400 Bristol Project. No
analysis specific to the Property was included in Addendum No. 7.
9. The City Council approved Resolution No. 2024-25 on April 9, 2024, approving Addendum
No. 8 (PA2022-0040), to the PEIR for the consideration of the Residences at 1401 Quail
Street Project. No analysis specific to the Property was included in Addendum No. 8.
10. Pursuant to Section 21166 of the California Public Resources Code and Section 15162
of the CEQA Guidelines, when an EIR has been certified for a project, no subsequent
EIR is required unless the lead agency determines, on the basis of substantial evidence
in the light of the whole record, one or more of the following:
a. Substantial changes are proposed in the Project which will require major revisions
of the previous EIR due to the involvement of new significant environmental effects
or a substantial increase in the severity of previously identified significant effects;
b. Substantial changes occur with respect to the circumstances under which the Project
is undertaken which will require major revisions of the previous EIR due to the
involvement of new significant environmental effects or a substantial increase in the
severity of previously identified significant effects; or
01-17-23
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Pacle 4 of 24
c. New information of substantial importance, which was not known and could not have
been known with the exercise of reasonable diligence at the time the previous EIR
was certified as complete, shows any of the following:
i. The project will have one or more significant effects not discussed in the previous
EIR;
ii. Significant effects previously examined will be substantially more severe than
shown in the previous EIR;
iii. Mitigation measures or alternatives previously found not to be feasible would in
fact be feasible and would substantially reduce one or more significant effects of
the Project, but the Project proponents decline to adopt the mitigation measure
or alternative; or
iv. Mitigation measures or alternatives which are considerably different from those
analyzed in the previous EIR would substantially reduce one or more significant
effects on the environment, but the Project proponents decline to adopt the
mitigation measure or alternative.
11. Addendum No. 9 to PEIR was prepared pursuant to Section 15162 (Subsequent EIRs
and Negative Declarations) and 15164 (Addendum to an EIR or Negative Declaration)
of the CEQA Guidelines.
12. The following environmental topics were analyzed for the Project: Aesthetics, Air
Quality, Biological Resources, Cultural Resources, Energy, Geology and Soils,
Greenhouse Gas Emissions, Hazards and Hazardous Materials, Hydrology and Water
Quality, Land Use and Planning, Mineral Resources, Noise, Population and Housing,
Public Services, Recreation, Transportation, Tribal Cultural Resources, Utilities and
Service Systems, and Wildfire. The Addendum includes analysis of new topics that were
not included in the previous EIRs; specifically, it includes a new Energy, Wildfire, and
Tribal Cultural Resources section. These additional analyses are appropriate for
inclusion in Addendum No. 9, but none result in new or increased significant impacts
that would require preparation of a subsequent EIR pursuant to Section 15162 of the
CEQA Guidelines.
13. On the basis of the PEIR and entire environmental review record, including Addenda
Nos. 1-9, the Project (inclusive of recommended conditions of approval) will not result
in any new significant impacts that were not previously analyzed in the PEIR, Addenda
Nos. 1, 2, 3, 4, 5, 6, 7, and 8 to the PEIR. Addendum No. 9, which is attached hereto as
Exhibit B and includes Addenda Nos. 1-8, confirms and provides substantial evidence
that the potential impacts associated with this Project would either be the same or less
than those described in either the PEIR, Addenda Nos. 1, 2, 3, 4, 5, 6, 7, and 8 to the
PEIR. In addition, there are no substantial changes to the circumstances under which
the Project would be undertaken that would result in new or more severe environmental
impacts than previously addressed in either the PEIR, Addenda Nos. 1, 2, 3, 4, 5, 6, 7
and 8 to the PEIR nor has any new information regarding the potential for new or more
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severe significant environmental impacts been identified. Therefore, in accordance with
Section 15164 of the CEQA Guidelines, an addendum to the previously adopted PEIR,
including Addenda Nos. 1, 2, 3, 4, 5, 6, 7, and 8 to the PEIR is the appropriate
environmental document for the Project. In taking action to approve any of the requested
applications for the Project, the data presented in the PEIR, Addenda Nos. 1, 2, 3, 4, 5,
6, 7, and 8 to the PEIR as augmented by Addendum No. 9 for this Project, are
considered part of the record.
14. Addendum No. 9 is hereby recommended for approval by the Planning Commission given
its analysis and conclusions. Addendum No. 9 and related and referenced documentation,
constitute the administrative record upon which this decision was based, are on file with
the Planning Division, City Hall, 100 Civic Center Drive, Newport Beach, California.
15. The Planning Commission finds that judicial challenges to the City's CEQA
determinations and approvals of land use projects are costly and time-consuming. In
addition, project opponents often seek an award of attorneys' fees in such challenges.
As project applicants are the primary beneficiaries of such approvals, it is appropriate
that such applicants should bear the expense of defending against any such judicial
challenge, and bear the responsibility for any costs, attorneys' fees, and damages that
may be awarded to a successful challenger.
SECTION 3. REQUIRED FINDINGS.
General Plan Amendment
An amendment to the 2006 Newport Beach General Plan Land Use Element is a legislative
act. Neither Title 20 (Planning and Zoning) nor California Government Code Section 65000 et
seq., set forth any required findings for approval of such amendments.
Finding and Facts in Support of Findings:
1 The Property is designated Mixed Use Horizontal 2 (MU-H2) by the General Plan. The
Mixed -Use Horizontal 2 (MU-H2) designation applies to properties located in the Airport
Area. It provides for a horizontal intermixing of uses that may include regional
commercial office, multifamily residential, vertical mixed -use buildings, industrial, hotel
rooms, and ancillary neighborhood commercial uses. No changes are proposed to the
underlying land use designation of the Property.
2. The GPA and the resulting increase in dwelling units is compatible with the existing
surrounding uses and planned land uses identified by the General Plan, because the
Project would introduce additional residential units in the Airport Area, within an area
that already allows residential development. The Airport Area includes a diverse mix of
land uses including the gradual development of residential multifamily dwellings. The
additional residential development would consolidate growth and support commercial
properties within the Airport Area.
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3. The requested GPA to add 49 dwelling units within the Mixed -Use Horizontal 2 (MU-H2)
designation does not eliminate existing or future land uses to the overall detriment of the
community given the site's size, location, and surrounding uses. The existing office
building on -site was built in the 1970's and there are sufficient office facilities in the
Airport Area to support the business needs of the community. The proposed change to
allow additional residential density would increase the City's housing stock including the
provision of units that will be affordable to lower incomes, as required by the PC-11 1
Residential Overlay.
4. The Property is located in an area of the city that has sufficient utility systems to serve
the Project. No off -site improvements other than typical utility connections are currently
proposed or required as part of the Project.
5. The Project is consistent with the following City of Newport Beach General Plan policies
that establish fundamental criteria for the formation and implementation of new
residential villages in the Airport Area with additional policy analysis included in the EIR
Addendum No.9:
a. Land Use Element Policy LU 1.1 (Unique Environment): Maintain and enhance the
beneficial and unique character of the different neighborhoods, business districts,
and harbor that together identify Newport Beach. Locate and design development to
reflect Newport Beach's topography, architectural diversity, and view sheds.
The Project enhances the distinct, urban character of the Airport Area by providing
a means for replacing parking lots and a 1970's era office building with functional
residential development, in line with the General Plan goal of transitioning the Airport
Area to a mixed -use community. The Property is not in or near any of the City's areas
that feature the harbor, unique topography, or view sheds. The proposed project
would introduce residential units to the Property consistent with the uses and
urbanized character of the Airport Area and the existing Mixed -Use Horizontal 2 (MU-
H2) designation.
b. Land Use Element Policy LU 2.3 (Range of Residential Choices). Provide
opportunities for the development of residential units that respond to community and
regional needs in terms of density, size, location, and cost. Implement goals, policies,
programs, and objectives identified within the City's Housing Element.
The Project includes up to 282 multi -family residential units, inclusive of 139 base
units from the conversion of 60,675-square-foot office building, 49 added units from
the requested GPA, and 94 units from the requested 50% density bonus. Of the 282
residential units, 28 or 15% will be set aside for very low-income households. The
Project responds to market needs and diversifies the City's housing stock by adding
additional dwelling units to the Airport Area.
c. Land Use Element Policy LU 3.8 (Project Entitlement Review with Airport Land Use
Commission) - Refer the adoption or amendment of the General Plan ' Zoning Code,
specific plans, and Planned Community development plans for land within the John
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Wayne Airport planning area, as established in the JW4 Airport Environs Land Use
Plan ("AELUP'), to the Airport Land Use Commission ("ALUC') for Orange County
for review, as required by Section 21676 of the California Public Utilities Code. In
addition, refer all development projects that include buildings with a height greater
than 200 feet above ground level to the ALUC for review.
The Project is within the boundaries of the Airport Environs Land Use Plan
("AELUP"), therefore, the overseeing agency, ALUC, must review the proposed GPA
pursuant to Government Code Section 65302.3 and Public Utilities Code Section
21676. The purpose of ALUC's review is to determine whether the Project is
consistent with the AELUP prior to the City Council taking action on the Project. The
Project is located within the City's updated 60 decibel ("dBA") community noise
equivalent level ("CNEL") contour as shown in Figure N5 of the Noise Element of the
General Plan as well as the 60 dBA contour identified in the AELUP, where
residential development is allowed. As a result, the Project will be required to comply
with the development standards set forth in Section 20.30.080(F) (Residential Use
Proximate to John Wayne Airport) of the NBMC. Further, the Project site is located
within Safety Zone 6, which allows residential development.
d. Land Use Element Policy 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 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.
The Project is located within the updated 60 dBA CNEL contour as shown in Figure
N5 of the Noise Element of the General Plan as well as the 60 dBA contour of the
AELUP, where residential development is allowed, subject to the development
standards set forth in Section 20.30.080(F) (Residential Use Proximate to John
Wayne Airport) of the NBMC.
e. Land Use Element Policy LU 6.15.5 (Residential and Supporting Uses).
Accommodate the development of a maximum of 2,200 multi -family residential units,
including work force housing, and mixed -use buildings that integrate residential with
ground level office or retail uses, along with supporting retail, grocery stores, and
parklands. Residential units may be developed only as the replacement of underlying
permitted nonresidential uses. When a development phase includes a mix of
residential and nonresidential uses or replaces existing industrial uses, the number
of peak hour trips generated by cumulative development of the site shall not exceed
the number of trips that would result from development of the underlying permitted
nonresidential uses. However, a maximum of 550 units may be developed as infill
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on surface parking lots or areas not used as occupiable buildings on properties within
the Conceptual Development Plan Area depicted on Figure LU22 provided that the
parking is replaced on site.
General Plan Land Use Policy LU 6.15.5 established a development limit of 2,200
maximum dwelling units for the Airport Area. Of the 2,200 residential units allowed,
1,650 units may be developed as replacement of existing office, retail, and/or
industrial uses. The remaining 550 units are classified as additive units meaning they
are not required to replace other units and they may be constructed as "in -fill" units
to existing commercial or office development within the Conceptual Development
Plan Area ("CDPA") of the Airport Area. Any eligible density bonus allowed by
Government Code Section 65915 (Density Bonus Law) and Chapter 20.32 (Density
Bonus) of the NBMC are not included in the 2,200-unit allowance.
The 550 additive units have been previously allocated to the Uptown Newport and
Residences at 4400 Von Karman projects. Considering the dwelling unit sum of the
previously approved projects, the remaining and available development allocation
within the Airport Area would be 209 dwelling units. With the development of this
Project, there would be 70 dwelling units (209-139=70) remaining, exclusive of
density bonus units and units authorized through a GPA.
The Property is developed with an existing 4-story commercial office building totaling
60,675 square feet. Since the Project can be developed only as the replacement of
the underlying nonresidential office use (without a GPA), and the number of peak
hour trips generated by cumulative development of the Property shall not exceed the
number of trips that would result from development of the underlying permitted
nonresidential uses, a conversion rate of 2.29 dwelling units per 1,000 square feet
of commercial floor area is required. This results in a total of 139 dwelling units. The
Project includes a request for a GPA to increase the base units by 49 dwelling units,
which results in a total base unit count of 188 dwelling units. With the application of
a 50% density bonus (i.e. 94 units), a maximum of 282 units could be constructed.
Land Use Element Policy LU 6.15.6 (Size of Residential Villages). Allow
development of mixed -use residential villages, each containing a minimum of 10
acres and centered on a neighborhood park and other amenities (as conceptually
illustrated in Figure LU23). The first phase of residential development in each village
shall encompass at least 5 gross acres of land, exclusive of existing rights -of -way.
This acreage may include multiple parcels provided that they are contiguous or face
one another across an existing street. At the discretion of the City, this acreage may
also include part of a contiguous property in a different land use category, if the City
finds that a sufficient portion of the contiguous property is used to provide functionally
proximate parking, open space, or other amenity. The "Conceptual Development
Plan" area shown on Figure LU22 shall be exempt from the 5-acre minimum, but a
conceptual development plan described in Policy LU 6.15. 11 shall be required.
The Property is 2.49 acres in size. The Residential Overlay of PC-1 1 allows
residential development on sites containing less than 10 acres if housing units
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affordable to lower income households are provided. The Project will allocate a
minimum of 15% of the base dwelling units as affordable for very -low income
households. Therefore, the Project will be exempt from General Plan Policy LU
6.15.6 (Size of Residential Villages).
g. Land Use Policy LU 6.15.7 (Overall Density and Housing Types). Require that
residential units be developed at a minimum density of 30 units and maximum of 50
units per net acre averaged over the total area of each residential village. Net
acreage shall be exclusive of existing and new rights -of -way, public pedestrian ways,
and neighborhood parks. Within these densities, provide for the development of a
mix of building types ranging from townhomes to high-rises to accommodate a
variety of household types and incomes and to promote a diversity of building
masses and scales.
The Project proposes 188 base units at a density of 75.5 dwelling units per acre on
the 2.49 net -acre site. A waiver from Land Use Policy LU 6.15.7 regarding maximum
density is requested as part of the AHIP. The base density does not include the 50%
density bonus (94 units) that is allowed by the State Bonus Density law and Section
20.32 (Density Bonus) of the NBMC. Altogether, the Project would reach an overall
maximum density of 113 dwelling units per acre, which is exclusive of rights -of -ways,
public pedestrian ways, and neighborhood parks.
The Project is a for rent apartment building with up to 282 units. There will be a
mixture of unit types, ranging from studios to two -bedroom units, and possibly 3-
bedroom units, accommodating a variety of household types and incomes. Of the
dwelling units, 28 units will be affordable to very -low income households and the
remaining units will be market -rate housing, which will increase the City's overall
housing stock for various household income levels.
h. Land Use Policy LU 6.15.8 (First Phase Development Density). Require a
residential density of 45 to 50 units per net acre, averaged over the first phase for
each residential village. This shall be applied to 100 percent of properties in the first
phase development area whether developed exclusively for residential or integrating
service commercial horizontally on the site or vertically within a mixed -use building.
On individual sites, housing development may exceed or be below this density to
encourage a mix of housing types, provided that the average density for the area
encompassed by the first phase is achieved.
The Project would be developed in one phase on an individual site with a maximum
density of 113 units per acre. The Project provides a mixture of residential unit types
that include 28 units of affordable housing to very -low-income households. The
proposed density is above the required minimum of 45 units per acre and the
Applicant is requesting a development standard waiver allowed by State Density
Bonus Law to exceed the maximum density of 50 units per acre.
i. Land Use Policy LU 6.15.9 (Subsequent Phase Development Location and
Density). Subsequent phases of residential development shall abut the first phase or
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shall face the first phase across a street. The minimum density of residential
development (including residential mixed -use development) shall be 30 units per net
acre and shall not exceed the maximum of 50 units per net acre averaged over the
development phase.
See finding LU 6.15.9 First Phase Development Density above.
Tribal Consultation (SB18)
6. Pursuant to California Government Code Section 65352.3 (SB18), a local government
is required to contact the appropriate tribes identified by the Native American Heritage
Commission (NAHC) each time it considers a proposal to adopt or amend the General
Plan. If requested by any tribe, the local government must consult for the purpose of
preserving or mitigating impacts to cultural resources. The City received comments from
the NAHC indicating that 12 tribal contacts should be provided notice regarding the
proposed amendment. The tribal contacts were provided notice on February 23, 2023.
California Government Code Section 65352.3 requires notification 90 days prior to
Council action to allow tribal contacts to respond to the request to consult. The Project
will not be heard by the City Council until after the 90-day period, which expired on April
26, 2023. The City participated in consultations with three tribes: the Gabrieleno Band
of Mission Indians — Kizh Nation, the Juaneno Band of Mission Indians, Acjachemen
Nation-Belardes, and the Gabrielino Tongva Indians of California. Based on consultation
with the participating Native American Tribes, conditions of approval have been included
to address potential concerns regarding the protection of Tribal Cultural Resources.
Charter Section 423 Analysis
Finding:
Charter Section 423 requires voter approval of any major General Plan amendment to the
General Plan. A major General Plan amendment is one that significantly increases allowed
density or intensity by 40,000 square feet of non-residential floor area, increases traffic by more
than 100 peak hour vehicle trips (AM/PM), or increases residential dwelling units by more than
100 units. These thresholds apply to the total of increases resulting from the amendment itself,
plus 80% of the increases resulting from other amendments affecting the same neighborhood
(defined as a Statistical Area as shown in the General Plan Land Use Element) and adopted
within the preceding 10 years.
Council Policy A-1 8 (Guidelines for Implementing Charter Section 423) requires that proposed
amendments to the General Plan be reviewed to determine if a vote of the Newport Beach
electorate would be required. This policy includes a provision that all General Plan
amendments be tracked as "Prior Amendments" for 10 years to determine if minor amendments
in a single Statistical Area cumulatively exceed the thresholds indicated above.
Facts in Support of Findings:
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The Project is the second General Plan Amendment in Statistical Area L4 within the last 10
years that included additional dwelling units or non-residential floor area. The proposed
amendment results in 49 additional dwelling units and no change in the square footage of
non-residential floor area. Conversions of existing commercial development is allowed by
the current General Plan (2,200 in -fill units maximum in the Airport Area based on
conversion of existing commercial floor area). Reductions in commercial floor area are not
tracked as part of the Charter Section 423 analysis. Density bonus units are not included in
Charter Section 423 analysis nor the General Plan Anomaly calculations.
2. The 49 additional dwelling units result in a net increase of 18 a.m. peak hour trips and 19
p.m. peak hour trips based on the "Multifamily Housing (Mid Rise) Not Close to Rail" ITE
11 th Edition trip rate for the proposed use, as provided in Council Policy A-1 8. No credit is
given to the existing non-residential uses on -site because the existing office floor area was
converted to residential dwelling units so that the proposed Project (less the density bonus
and GPA units) is traffic neutral. Therefore, the Project individually does not exceed the
Greenlight thresholds.
3. There has been one other relevant GPA within Statistical Area L4 within the last 10 years,
which resulted in an increase of 64 dwelling units at 1400 Bristol Street (PA2022-0296).
Considering 80% of the prior amendments (80% of 64 dwelling units) results in 51 dwelling
units. The Project includes a GPA for 49 dwelling units. Therefore, cumulative development
of 80% of prior GPAs from the last 10 years coupled with the Project results in an increase
of 100 dwelling units. In terms of peak hour trips, the prior GPA resulted in a net increase
of 24 a.m. peak hour trips and 25 p.m. peak hour trips. Considering 80% of the prior
amendment, results in 19 and 20 a.m. and p.m. peak hour trips, respectively. Therefore,
cumulative development of 80% of prior GPAs from the last 10 years coupled with the
proposed project results in a change of 37 and 39 a.m. and p.m. peak hour trips,
respectively. As none of the thresholds specified by Charter Section 423 are exceeded, no
vote of the electorate is required if the City Council chooses to approve the requested GPA.
Affordable Housing implementation Plan
The AHIP is consistent with the intent to implement affordable housing goals within the City
pursuant to Government Code Sections 65915-65918 (State Density Bonus Law), and Chapter
20.32 (Density Bonus) of the NBMC for the following reasons:
Consistent with the requested 50% density bonus, 28 units (15% of the base units) would
be set aside as affordable units to lower income households. Lower income households are
defined as households with 80% or less of the area median income, adjusted for family size
for minimum term of 55 years for very low-income households. The Project is consistent the
provisions of the Residential Overlay of Newport Place Planned Community, which requires
a minimum of 15% of base units to be set aside for lower income households.
2. The State Density Bonus Law and Chapter 20.32 (Density Bonus) provide for an increase
in the number of units above the General Plan and zoning limits for projects that include a
minimum of 15% of the base units affordable to very -low-income households earning 50%
or less of area median income. The Project's inclusion of 28 very -low-income units, which
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is 15% of the base unit count of 188 units makes the Project eligible for 94 additional units.
Inclusive of all base units, density bonus units, and affordable units the total project includes
282 units.
3. In addition to the 94 density bonus units, the Project is entitled under California Government
Code Section 65915(d) and Section 20.32.070 of the NBMC, to receive up to three
incentives or concessions that would result in identifiable, financially sufficient, and actual
cost reductions. The Project includes a development concession for the proposed
affordable unit mix that does not meet Section 20.32.070 (Design and Distribution of
Affordable Units) of the NBMC.
Section 20.32.070 (Design and Distribution of Affordable Units) of the NBMC requires
affordable units in a density bonus project reflect the same range of unit types in the
residential development as a whole. In this case, the Project would provide a higher
percentage of affordable studio units and fewer affordable two -bedroom units and three -
bedroom compared to market rate units. Granting this incentive will result in identifiable,
financially sufficient, and actual project cost reductions by reducing the long-term rental
subsidy costs associated with the two- and three -bedroom units and affording additional
rental income for the project to ensure financial feasibility.
The Project includes a second development concession to waive a portion of the required
in -lieu park fee for a half -acre park. The reduction in park in -lieu fees would allow the
Applicant to contribute to the overall fund for parks in the Airport Area, while providing
identifiable cost reduction that make the provision of affordable units feasible.
4. In addition to the density bonus units and qualified concessions, the Project is entitled under
California Government Code Section 65915(e), Section 20.32.080 of the NBMC, and recent
caselaw to receive waivers or reductions of development standards where application of
the development standard would physically preclude construction of a density bonus
project. In this case, the following development standards are entitled to a waiver:
a. Park dedication requirement. General Plan Land Use Policy LU 6.15.13 requires a public
park equal to 8% of the gross land area of the development, or a minimum one-half acre,
whichever is greater, be provided. In this case, the 2.49-acre Project site is too small to
feasibly accommodate a half -acre park.
b. Residential density. General Plan Land Use Policy LU 6.15.7 and PC-1 1 requires
residential density between 30-50 dwelling units per acre. Inclusive of only the
conversion units, the proposed density of 55.8 dwelling units per acre would exceed the
maximum density of 50 dwelling units per acre. Including the proposed GPA units,
conversion units, and density bonus units, the Project would not comply at a density of
113 dwelling units per acre and a waiver is necessary to implement the project.
c. Building height. The Newport Place Planned Community (PC-1 1) limits building height
to 55 feet from established grade. In this case, a higher building height is necessary to
accommodate 282 residential units within seven stories. The Project is anticipated to
have a height of 100 feet from established grade.
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Traffic Stud
In accordance with Section 15.40.030 (Standards for Approval -Findings -Exemptions) of the
NBMC, the following findings and facts in support of such findings are set forth:
Finding:
A. That a traffic study for the project has been prepared in compliance with this chapter and
Appendix A.
Fact in Support of Finding:
A traffic study, entitled 1600 Dove Street Residences Revised Traffic Impact Analysis,
prepared by Ganddini Group, Inc., dated August 14, 2023, was prepared for the Project in
compliance with Municipal Code Chapter 15.40 (Traffic Phasing Ordinance) and Appendix
A of the NBMC.
Finding:
B. That, based on the weight of the evidence in the administrative record, including the traffic
study, one of the findings for approval in subsection 15.40.030(B) can be made:
Construction of the project will be completed within 60 months of project approval
in accordance with Section 15.40.030(B)(1) of the NBMC.
ii. Additionally, the project will neither cause nor make worse an unsatisfactory level
of traffic service at any impacted intersection in accordance with Section
15.40.030(B)(1)(a) of the NBMC.
Facts in Support of Finding:
1. Based on the weight of the evidence in the administrative record, including the Traffic Study,
and the conditions of approval, all of the findings for approval in Section 15.40.030(B)(1)(a)
can be made in that:
a. The Project is anticipated to be completed by the end of 2029, within the 60-month
criteria. Therefore, the Traffic Study addresses the entire project development.
b. The Traffic Study provides an evaluation of morning and evening peak hours at 14
existing intersections that are located in the City and the adjoining City of Irvine.
c. The Project is projected to generate an additional (i.e. net increase of) 622 daily trips,
including 12 peak a.m. trips and 22 peak p.m. trips. When these trips distributed to these
studied intersections, the analysis concludes that there is no significant impact as the
Project will neither cause nor make worse an unsatisfactory level of service at any
impacted primary intersection, and all intersections are forecasted to continue to operate
at acceptable Levels of Service.
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Finding:
C. That the project proponent has agreed to make or fund the improvements, or make the
contributions, that are necessary to make the findings for approval and to comply with all
conditions of approval.
Fact in Support of Finding:
No improvements or mitigation are necessary because implementation of the Project
will neither cause nor make worse an unsatisfactory level of traffic service at any
impacted primary intersection within the City of Newport Beach. The Applicant will be
required to pay any applicable Traffic Fair Share fees for the net increase in vehicles
trips, which will be used to fund future planned improvements to the City's circulation
system. The Applicant will also be subject to the payment of San Joaquin Hills
Transportation Corridor Fees.
Development Agreement
In accordance with Section 15.45.020(A)(2)(a) (Development Agreement Required) of the
NBMC, a development agreement is required as the Project requires an amendment to the
General Plan that includes the development of more than 50 residential units. In this case the
Project has a total of 188 base residential units. The proposed development agreement
satisfies the requirements of Chapter 15.45 (Development Agreements) of the NBMC as
follows:
1 . A development agreement is requested by the Applicant, as the Project would include a
base density of 139 units and 49 units from the requested General Plan Amendment. The
development agreement includes all the mandatory elements including a term of 10 years
and public benefits that are appropriate to support conveying the vested development rights
consistent with the City's General Plan, the NBMC, and Government Code Sections 65864
et seq.
2. Public benefits include the payment of a public safety fee to satisfy any obligation the Project
could have to provide new emergency response services or Fire Department equipment to
serve the Airport Area whether a Community Facilities District is formed or not. The
Applicant has also agreed to pay a park fee to support the provisions of new parks in the
Airport Area and a separate public benefit fee to be used by the City Council as it deems
appropriate.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
The Planning Commission of the City of Newport Beach hereby recommends the following to the
City Council:
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1 . Adopt Environmental Impact Report Addendum No. 9 to the 2006 General Plan Update
EIR (SCH2006011119), as depicted in Exhibit "B" which is attached hereto and
incorporated by reference;
2. Approve General Plan Amendment as depicted in Exhibit "C" which is attached hereto and
incorporated by reference;
3. Approve Affordable Housing Implementation Plan as depicted in Exhibit "D" which is
attached hereto and incorporated by reference;
4. Approve Development Agreement, as depicted in Exhibit "E" which is attached hereto and
incorporated by reference; and
5. Approve Traffic Study, as depicted in Exhibit "F" which is attached hereto and incorporated
by reference.
PASSED, APPROVED, AND ADOPTED THIS 23rd DAY OF MAY, 2024.
AYES: Barto, Ellmore, Langford, Rosene
NOES: Salene
RECUSED: Harris
ABSENT: Lowrey
BY:
Curtis Ellmore, Chair
BY: T�isfxv' RAMS
Tristan Harris, Secretary
Attachment(s): Exhibit A - Legal Description
Exhibit B - Addendum No. 9 to the 2006 General Plan Update EIR
(SCH NO. 2006011119)
Exhibit C - General Plan Amendment
1:0 11101ULDIM-111MMI11%
Exhibit E - Development Agreement
Exhibit F - Traffic Study
Exhibit G - Conditions of Approval
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Exhibit A
Legal Description
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF NEWPORT
BEACH, IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, AND IS DESCRIBED AS
FOLLOWS:
LOT 3 OF TRACT NO. 7770, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE,
STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 299, PAGES 15 AND 16 OF
MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE
COUNTY, CALIFORNIA.
EXCEPTING THEREFROM THE FULL RIGHTS AND ALL MINERALS, PETROLEUM, GAS
AND OTHER HYDROCARBON SUBSTANCES EXISTING BELOW 500 FEET FROM THE
SURFACE OF SAID REAL PROPERTY DESCRIBED ABOVE; PROVIDED, HOWEVER,
THAT GRANTOR HEREBY EXPRESSLY WAIVES THE RIGHT TO ENTER UPON THE
SURFACE OF SAID REAL PROPERTY OR THE PURPOSE OF EXPLORING FOR, OR
PRODUCING THE MINERALS, PETROLEUM, GAS AND OTHER HYDROCARBON
SUBSTANCES AS RESERVED BY DEED RECORDED IN BOOK 10328, PAGE 506 OF
OFFICIAL RECORDS.
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Planning Commission Resolution No. PC2024-008
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Exhibit B
Addendum No. 9 to the 2006 General Plan Update EIR (SCH NO. 2006011119)
Available separately due to bulk at:
www.newportbeachca.gov/cega
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Exhibit C
General Plan Amendment
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Planning Commission Resolution No. PC2024-008
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Exhibit D
AHIP
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Exhibit E
Development Agreement
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Exhibit F
Traffic Study
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Planning Commission Resolution No. PC2024-008
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Exhibit G
CONDITIONS OF APPROVAL
(Project -specific conditions are in italics)
Planning Division
The development shall be in substantial conformance with the approved Residences at
1600 Dove Street Affordable Housing Implementation Plan and Density Bonus
Application datedApril 22, 2024 (except as modified by applicable conditions of approval).
2. Prior to the issuance of building permits, the applicant shall obtain all applicable
discretionary permits (e.g. Site Development Review). The Applicant shall comply with
all conditions of approval for said discretionary permits.
3. The Project is subject to compliance with all applicable submittals approved by the City
of Newport Beach ("City") and all applicable City ordinances, policies, and standards,
unless specifically waived or modified by the conditions of approval.
4. The Approval of the Affordable Housing Implementation Plan granted under PA2022-
0297 shall expire unless exercised within twenty-four (24) months from the date of
approval as specified in Section 20.54.060 of the Newport Beach Municipal Code
("NBMC'), unless an extension is otherwise granted by the City for a period of time
provided for in the Development Agreement pursuant to California Government Code
Section 66452.06(a).
5. The proposed residential development shall consist of 282 apartment units, inclusive of
188 base units (conversion and GPA units) and 94 density bonus units.
6. A minimum of 28 apartment units shall be made affordable to very -low-income
households consistent with the approved Residences at 1600 Dove Street Affordable
Housing Implementation Plan and Density Bonus Application dated April 22, 2024.
7. Prior to the issuance of a building permit an affordable housing agreement shall be
executed in a recordable form as required by the City Attorney's Office.
8. The Applicant shall comply with all provisions of the Development Agreement including
payment and timing of the public benefit fees.
9. A qualified monitor from the Gabrieleno Band of Mission Indians - Kizh Nation, shall be
retained and compensated as a Native American Monitor for the project site prior to the
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commencement of any ground -disturbing activity to the completion of ground disturbing
activities to monitor grading and excavation activities.
10. The monitor shall be retained prior to the commencement of any "ground -disturbing
activity" for the subject project. "Ground -disturbing activity" shall include any demolition
that includes subterranean impacts, mass grading, and excavation. The monitor is
expected to accommodate the construction schedule provided by the Applicant. The
Applicant shall make a good faith effort to notify the monitor of any changes to the
construction schedule at least 24 hours in advance.
11. A copy of the executed monitoring agreement shall be submitted to the City prior to the
commencement of any ground -disturbing activity, or the issuance of any permit
necessary to commence a ground -disturbing activity.
12. The monitor shall complete daily monitoring logs that will provide descriptions of the
relevant ground -disturbing activities, the type of construction activities performed,
locations of ground -disturbing activities, soil types, cultural -related materials, and any
other facts, conditions, materials, or discoveries of significance to the Tribe. Monitor logs
will identify and describe any discovered TCRs, including but not limited to, Native
American cultural and historical artifacts, remains, places of significance, etc.,
(collectively, tribal cultural resources, or "TCR'), as well as any discovered Native
American (ancestral) human remains and burial goods. Copies of monitor logs shall be
provided to the project applicantllead agency upon written request to the monitors.
13. On -site tribal monitoring shall conclude upon the earlier of the following: (1) written
confirmation to the consulting tribe from a designated point of contact for the project
applicantllead agency that all ground -disturbing activities and phases that may involve
ground -disturbing activities on the project site or in connection with the project are
complete; or (2) a determination and written notification by the consulting tribe to the
project applicantllead agency that no future, planned construction activity andlor
development1construction phase at the project site possesses the potential to impact
TCRs of the consulting tribe.
14. Upon discovery of any TCRs, all construction activities in the immediate vicinity of the
discovery shall cease (i.e., within the surrounding 25 feet) and shall not resume until the
discovered TCR has been fully assessed by the monitor andlor archaeologist. The
monitor will recover and retain all discovered TCRs in the form andlor manner the tribe
deems appropriate, in the tribe's sole discretion in coordination with the applicant, and
for any purpose the tribe deems appropriate, including for educational, cultural andlor
historic purposes.
15. Native American human remains are defined in PRC 5097.98 (d)(1) as an inhumation
or cremation, and in any state of decomposition or skeletal completeness. Funerary
objects, called associated grave goods in Public Resources Code Section 5097.98, are
also to be treated according to this statute.
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Planning Commission Resolution No. PC2024-008
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16. If Native American human remains andlor grave goods are discovered or recognized on
the project site, then Public Resource Code 5097.9 as well as Health and Safety Code
Section 7050.5 shall be followed.
17. Human remains and gravelburial goods shall be treated alike per California Public
Resources Code section 5097.98(d)(1) and (2).
18.Preservation in place (i.e., avoidance) is the preferred manner of treatment for
discovered human remains andlor burial goods.
19. Any discovery of human remainsIburial goods shall be kept confidential to prevent
further disturbance.
20. A copy of the Resolution, including conditions of approval Exhibit "A" shall be
incorporated into the Building Division and field sets of plans before issuance of the
building permits.
21.Should the property be sold or otherwise come under different ownership, any future
owners or assignees shall be notified of the conditions of this approval by either the
current business owner, property owner or leasing agent.
22.To the fullest extent permitted by law, the applicant shall indemnify, defend and hold
harmless the City, its City Council, its boards and commissions, officials, officers,
employees, and agents from and against any claims, demands, obligations, damages,
actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs, and
expenses (including without limitation, attorney's fees, disbursements, and court costs) of
every kind and nature whatsoever which may arise from or in any manner relate (directly
or indirectly) to City's approval of the Residences at 1600 Dove Street including, but not
limited to, General Plan Amendment, Affordable Housing Implementation Plan,
Development Agreement, Addendum to the 2006 General Plan Update Program
Environmental Impact Report, and Traffic Study, (PA2022-0297). This indemnification
shall include, but not be limited to, damages awarded against the City, if any, costs of suit,
attorney's fees, and other expenses incurred in connection with such claim, action, causes
of action, suit, or proceeding whether incurred by the applicant, City, and/or the parties
initiating or bringing the such proceeding. The applicant shall indemnify the City for all the
City's costs, attorneys' fees, and damages that which City incurs in enforcing the
indemnification provisions outlined in this condition. The applicant shall pay to the City
upon demand any amount owed to the City under the indemnification requirements
prescribed in this condition.
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Attachment E
June 20, 2024 ALUC Staff Report
12-70
/1" AiRPORT LAND USE COMMISSION
OR
!��r F 0 R ORANGE COUNTY
y
3160 Airway Avenue - Costa Mesa, California 92626 - 949,252.5170 fax: 949.252.6012
AGENDA ITEM 2
June 20, 2024
TO- Commissioners/Alternates
FROM: Julie Fitch, Interim Executive Officer
SUBJECT: The Residences at 1600 Dove Street - City of Newport Beach General Plan (Land
Use) Amendment
Background
In June 2012, your Commission reviewed City of Newport Beach amendment to the Newport
Place Planned Communi ty (P C - I I ) for consistency with the A it -port Environs Land Use Plan ' for
John Wayne Airport (AEL UP jbr JWA). The Amendment allowed residential development for
certain parcels within the Newport Place Planned Community by adding the Mixed -Use Overlay
(MU-H2). In September 2021, the City submitted its 2021-2029 Housing Element Update to the
Airport Land Use Commission for Orange County (AL-UC) for a consistency review. Your
Commission found it to be inconsistent with the AELUP,for JWA due to noise, safety, and I and -
use incompatibility issues. The City overruled ALUC's determination in February 2022, and
adopted the Housing Element in September 2022.
In July 2023, the City submitted an amendment to the Newport Place Planned Community
reducing the minimum percentage of affordable residential units fiom thirty percent to fifteen
percent. The Commission found both Newport Place Planned Community amendments
consistent with the AELUP.for JWA, however, the Commission required that no residential uses
be located within the 65 CNEL noise contour for John Wayne Airport as currently required in the
Newport Place PC, and that any future changes to the Newport Place Planned Community be
brought back to the ALUC for review.
In August 2023, the City submitted Housing Element Implementation — Noise Related
Amendments to your Cominission. The submittal included amendments to the Newport Place
Planned Community, Newport Airport Village Planned Community, Noise Element, Land Use
Element and Zoning Code to allow residential units in the 65 CNEL contour. In addition, the
City adopted the noise contours from the 2014 Settlement Agreement Amendment EIR 617,
12-71
Agenda Item 2 — 1600 Dove Street Newport Beach
June 20, 2024
Page 2
which are smaller than the 1985 CNEL contours adopted by ALUC and incorporated in the
AEL UP for JWA. Your Commission found the Noise -Related Amendments to be inconsistent
with the AELUP, and the City overruled ALUC in November 2023.
Proposed Project
The 2.49-acre project site at 1600 Dove Street, is located within the Residential Overlay zone of
Newport Place Planned Community (PC- 11) and currently improved with one 4-story, 60,675-
square-foot office building and a surface parking lot. The proposed project is a 7-story, podium
style apartment building consisting of 282 dwelling units, 28 of which are affordable to very -low
income households. The project has been submitted to the Airport Land Use Commission for
review because the site is located within the Notification Area for John Wayne Airport and a
General Plan Amendment is proposed. See Attachment I for project location. No changes to the
underlying land use designation or zoning district are proposed.
The project site was included in the Housing Element Update and identified as Site 80 (See
Attachment 2). The property has primary frontage on Dove Street and is adjacent to the Newport
Crossings Residential Project. It is bordered by Martingale Way to the north, Dolphin -Striker
Way to the south, and an existing commercial development to the east. It is designated as MU-
H2 in the City's General Plan and is currently improved with one 4-story, 60,675-square-foot
office building and a surface parking lot. The project site is in the Newport Beach "Airport Area"
and the MU-H2 designation allows a maximum of 2,200 residential units as replacement of
existing office, retail, and/or industrial uses at a maximum density of 50 units per net acre.
Density bonuses allowed by the state density bonus law (Government Code Section 65915)
would be over and above the 2,200 unit maximum. The current MU-H2 designation for the site
would allow for 139 residential base units plus density bonus units. The City is proposing an
amendment to Anomaly 12 of the General Plan Table LU2 to increase the number of dwelling
units allocated to the project site by 49 dwelling units, for a total of 188 base units. With the
density bonus of 50%, the project would be allowed a new maximum of 282 total units.
The City of Newport Beach has conducted and scheduled the following public hearings for the
proposed project:
May 23, 2024 Planning Commission (recommended approval)
July 9, 2024 City Council
JWA AELUP Issues
Re,garding Aircraft Noise Impacts
The project is located within the 60 dBA CNEL contour for JWA (See Attachment 3). The
AELUPfor JWA indicates that residences in the 60 dBA CNEL are "normally consistent." The
City's Newport Place Planned Community Development Plan contains policies requiring that
notice of aircraft overflight and noise be posted at all public parks and designated outdoor
12-72
Agenda Item 2 — 1600 Dove Street Newport Beach
June 20, 2024
Page 3
common and recreational areas, and that notice be provided to all future residents to inform of
potential annoyances or inconveniences associated with residing in proximity to airport
operations such as noise, vibration, and odors.
Regarding Height Restrictions
The proposed height of the structure is tOO feet above ground level (approximately 154 feet
above mean sea level), where the maximum height of PC-tl's Residential Overlay is 55 feet
above ground level, The proposed project is within the Horizontal Surface of the Federal
Aviation Regulation (FAR) Part 77 Obstruction Imaginary Surfaces for JWA (See Attachment
4). The City's maximum building height for projects within the residential overlay is currently
55 feet above ground level. Through development -standard incentives the project would be
allowed to reach 154 feet AMSL. With a site elevation of approximately 54 feet above mean sea
level (AMSL), projects developed at a maximum height of 100 feet for a total of 154 feet AMSL,
would not penetrate the obstruction imaginary surface of 206 feet AMSL.
The City has obtained an FAA Determination of No Hazard to Air Navigation dated October 24,
2023. (Attachment 5). As stated in Section 2.2.1 of the,4ELUPfor JW,4, "the FAA aeronautical
studies are concerned only with airspace hazards, not with hazards to people and property on the
ground. An FAA determination of "no hazard" says nothing about whether proposed
construction is compatible with airport activity in terms of safety and noise." See Attachment 6
for a list and satellite image that the City submitted showing the surrounding heights of buildings
within a 1000' radius.
Regarding Flight Tracks and Safety Zones
The project site is located within Safety Zone 6 — Traffic Pattern Zone (See Attachment 7).
According to the California Airport Land Use Planning Handbook, noise and overflight should
be considered in Safety Zone 6. Flight tracks were provided by the John Wayne Airport Noise
Office for a Tuesday, Thursday, and Saturday in May 2024, which are color coded based on
aircraft elevation. As shown in Attachment 8, there are numerous flights near the project site at
an elevation of 500-1,000 feet, which could subject future residents to excessive noise and safety
issues both indoors and outdoors.
Heliports
No heliports are proposed as part of this project.
Environmental Complianc
In the May 23, 2024, staff report to the Planning Commission the City states, "...the project will
not result in any new significant impacts that were not previously analyzed in the PEIR for the
General Plan 2006 Update (SCH No. 2006011119) or the Housing Element Initial
Study/Negative Declaration. All potential impacts associated with this Project would either be
the same or less than those described in either the PEIR or Negative Declaration that have been
12-73
Agenda Item 2 — 1600 Dove Street Newport Beach
June 20, 2024
Page 4
appropriately mitigated. In addition, there Eire no substantial changes to the circumstances under
which the project would be undertaken that would result in new or more severe environmental
impacts than previously addressed in either Residences at 1600 Dove Street (PA2022-0297)
the PEIR, nor has any new information regarding the potential for new or more severe significant
envirorimental. impacts been identified. Therefore, in accordance with Section 15164 of the
CEQA Guidelines, an addendum to the previously adopted PEIR is the appropriate
environmental document for the project."
Conclusion
Attachment 9 contains excerpts from the City of Newport Beach submittal for this project.
ALUC staff has reviewed this project with respect to compliance with the AELUP.fo;- MA,
including review of noise, height restrictions, overflight and imaginary surfaces, The
recommendation below is based on the project allowing for a significant increase of residential
intensity in the 60 dBA CNEL for JWA, in Safety Zone 6 where there are numerous daily flights,
and an increased building height in close proximity to John Wayne Airport.
Recommendation
That the Commission find the proposed Residences at 1600 - City of Newport Beach General
Plan Amendment inconsistent with the AELUPfor JWA per:
1. Section 2. 1.1 Aircraft Noise that the "aircraft noise emanating fi-orn 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. 3.2.1 General Policy (in pertinent part): "Within the boundaries of the AELUP, any
land use may be found to be Inconsistent with the AELUP which; (1) Places people
so that they are affected adversely by aircraft noise, [or] (2) Concentrates people in.
areas susceptible to aircraft accidents..."
Respectfully submitted,
Julie Fitch
Interim Executive Officer
12-74
Agenda Item 2 — 1600 Dove Street Newport Beach
June 20, 2024
Page 5
Attachments:
1. Project Location in JWA Notification Area
2. Housing Element Location and Table
3. Project Location within JWA Noise Contour
4. JWA Obstruction Imaginary Surfaces
5. FAA Determination of No Hazard
6. Existing Building Heights within 1000' of Project
7. JWA Safety Zones
8. Flight Track Exhibits
9. Excerpts from City Submittal
12-75
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N E W P 0 R T B E A C H
Every reasonable effort has been made to assure the
a ccu racy of the d a ta p rovid ad, howeve r, The C ity of
Newport Beach and its employees and agents
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disclaim any and all responsibility from or relating to
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12-77
City of Newport
2021-2029 HOUSING
Beach
ELEMENT
Figure B-3: Airport Area Environs — Sites Inventory
Appendix B: Sites Analysis (September 2022 Final Housing Element)
CN
Site lnvenlor�
z
Airport Area Envi
Li
LEGEND
City Bou nda Tv
<
5th Cycle Site5
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Oppo rtun i ty 5 i te S
Site 80 - 1600 Dove
(HighlFghtedbyALUC)
Key Map
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B-28
12-78
City of Newport Beach
2021-2029 HOUSING ELEMENT
Ta ble 8 - 12: At rip ort Area Sites I riven tory
Density (OulAc)
Assumed Net Unit
Parcel
Existing
Existing
General
Sth
Existing
Gross
Buildable
"CO
Potential
Rezoned
Assumed
yield
Exi 5fing Use an d E xpl oration of
tetter
Focus
Inventory/
Existing
Rezoned
Low/
Number
Owner
zoning
Plan
Vacancy
Cycle
Units
Acreage
Acreage
Sizing
Unit
Net Yield
Propensity
Interest
?
Area
Map ID
Land Use
site?
criteria?
Zone
Density
YWd
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Mod
Above
Density
(Assumed�
LOW
Mod
Sibs Cove!
This parcel contai ns office space for an
Airport
42722110
Street
PC
MU-H2
No
0
1.71
1.71
Yes
0
50
85
85
�6
9
so
arch Itectura I firm and is Identified as a s i te
Area
75
Partners
for portenti at housing.
Hankey
Th Is pa rcel contai ns office space fo r a
Airport
427 �21 11
Investment
PC
mu_R�
No
0
1.52
1.52
Yes
0
50
76
76
21
8
45
manufacturing company and is identified
Area
76
Company
a$ a lite for potential housing.
This parcel has a two-levd parking
structure for a m u It i -story office structure
42722106
Dove Owner
PC
mu.H2
No
0
3.59
3.59
Y05
D
50
179
179
�4
is
107
that could be re-wGrked to add housing.
Airport
77
Ag
The owner of this parcel should be
Area
advised that the addition of housing m Ight
be possible,
J flay
The current owner of the property has
427174136
Macarthur
PC
MO-H2
No
0
0.04
0.94
Yes
0
50
47
47
1.4
5
28
expressed to City staff written 1 nteres t to
Airport
79
Sanderson
a I low housi n
Area
Th is pa rcel s hares a parking lot with pa rcel
72, The two build i rigs on th Is pa rcel are
newer, vi nta ge com m ercial b uddl ngs, a ntJ
42723107
"eway
PC
MIJ-H2
No
0
1.10
1.10
Yes
Q
so
55
55
17
6
32
due to the existing use, identified as a
Y
Airport
79
Real Estate
potential source for housing development-
Area
The Current owner of the pro perty has
expressed to City staffwritten interest to
t a tlow housIng.
This pamel is a tommerdal retail buliding
G5 I&W Dove
operated by national food and beverage
Airport
42716103
LLC
PC
MU-H2
No
0
2.49
2.49
Yes
0
50
124
12.4
37
12
75
companiesand likely to he housing sites 1
Area
80
combined with neighborIng sites.
This parcel Is ark oddly shaped parcel that
wou 16 not be able to effir i e ritly be
Feb Dovi�
planned as separate housing projects. The
Airport
42722109
Street
PC
MU-H2
No
0
1.51
1.2
Yes
0
so
7S
75
23
a
44
City wi I I work with the owner to
Area
81
Partners
e nco a rage hous i ng d evelopment with
I
adjacent parcels nearby.
The current owner of the property has
427 22102
Westerly Ow-
I
PC.
CC-G
No
I
0
IT1,1
46
Yes
1)
50
72
72
22
7
43
expressed to City staff written interest to
V
Airport
8�
AberdLen
I
I
1
, a I low housJrLg.
Area
Apper, dix 6; Sites Analysis I Septem ber 20 2 2 Final Ho usi ng Elem entl
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August 31, 2021
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1801 Dme St
68
2
190 1 0cm#e St
72
3
4220 Birch ST
64
4
a 100 BOO St
54
a
— 4121 We�lerly Fl.
6
4101 Weswly Pt
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7
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89
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39
13
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1401 Dove St
145
is
1375 Dove S1
205
16
131)1 Dove St
202
17
13N OQVR st
100
is
4041 MacArthur Blvd
120
19
4100 Newpprl Place Dr
ISE,
20
-1101 M acAnhur Blvd
75
21
4 IAI M aCAnhUF Stvd
1.02
22
4221 Dolphin StnkerWay
70
23
4225 Mw-knhur Otyd
70
24
4241 M a cAnhur 3Wd
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26
4251 Ma;AnhVF BjVd
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4301 Martirlals OF
86
28
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74
30
18,01 Cu rmthian Way
74
31
4200 64ch ST
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Mail Processing Center
Obstruction Evaluation Group
Fedei al Aviation Administration
Southwest Regional Office
10 10 1 Hil lwood Parkway
Fort Worth, TX 76177
Issued Date: 10/24/2023
Satish Lion
The Piceme Group
5000 Birch St. Ste, 600
Newport Beach, CA 92660
Aeronautical Study No.
2023-AWP-15339-OE
** DETERMINATION OF NO HAZARD TO AIR NAVIGATION **
The Federal Aviation Administration has conducted an aeronautical study under the provisions of 49 U.S.C.1
Section 44718 and ifapplicable Title 14 of the Code of Federal Regulations, part 77, concerning-.
Structure:
Building Residences at 1600 Dove Street
Location:
Newport Beach, CA
Latitude:
33-39-51.44N NAD 83
Longitude:
117-51-54.28W
Heights:
54 feet site elevation (SE)
100 feet above ground level (AGL)
154 feet above mean sea level (AMSL)
This aeronautical study revealed that the structure does not exceed obstruction standards and would not be a
hazard to air navigation provided the following condition(s), if any, is(are) met-,
It is required that FAA Form 7460-2, Notice of Actual Construction or Alteration, be e-filed any time the
project is abandoned or:
At least tO days prior to start of construction (7460-2, Part 1)
X— Within 5 days after the construction reaches its greatest height (7460-2, Part 2)
Based on this evaluation, marking and tighting are not necessary for aviation safety. However, if marking/
lighting are accomplished on a voluntary basis, we recommend it be installed in accordance with FAA Advisoly
circular 70/7460-1 M,
The structure considered under this study lies in proximity to an airport and occupants may be subjected to
noise from aircraft operating to and from the airport.
This determination expires on 04/24/2025 unless:
(a) the construction is started (not necessarily completed) and FAA Form 7460-2, Notice of Actual
Construction or Alteration, is received by this office.
(b) extended, revised, or terminated by the issuing office.
ATTACHMENT 6
Page I of 4
12-84
(c) the construction is subject to the licensing authority of the Federal Communications Commission
(FCC) and an application for a construction permit has been filed, as required by the FCC, within
6 months of the date of this determination. In such case, the determination expires on the date
prescribed by the FCC for completion of construction, or the date the FCC denies the application.
NOTE: REQUEST FOR EXTENSION OF THE EFFECTIVE PERIOD OF THIS DETERMINATION MUST
BE E-FILED AT LEAST 15 DAYS PRIOR TO THE EXPIRATION DATE, AFTER RE-EVALUATION
OF CURRENT OPERATIONS IN THE AREA OF THE STRUCTURE TO DETERMINE THAT NO
SIGNIFICANT AERONAUTICAL CHANGES HAVE OCCURRED, YOUR DETERMINATION MAY BE
ELIGIBLE FOR ONE EXTENSION OF THE EFFECTIVE PERIOD,
This determination is based, in part, on the foregoing description which includes specific coordinates, heights,
frequency(ies) and power. Any changes in coordinates, heights, and frequencies or use of greater power, except
those frequencies specified in the Colo Void Clause Coalition; Antenna System Co -Location; Voluntary Best
Practices, will void this determination. Any future construction or alteration, including increase to heights,
power, or the addition of other transmitters, requires separate notice to the FAA.This determination includes all
previously filed frequencies and power for this structure.
If construction or alteration is dismantled or destroyed, you must submit notice to the FAA within 5 days after
the construction or alteration is dismantled or destroyed.
This determination does include temporary construction equipment such as cranes, derricks, etc., which may be
used during actual construction of the structure. However, this equipment shall not exceed the overall heights as
indicated above. Equipment which has a height greater than the studied structure requires separate notice to the
FAA.
This determination concerns the effect of this structure on the safe and efficient use of navigable airspace
by aircraft and does not relieve the sponsor of compliance responsibilities relating to any law, ordinance, or
regulation of any Federal, State, or local government body.
If we can be of further assistance, please contact our office at (847) 294-7575, or vivian.vilaro@faa.gov. On any
future correspondence concerning this matter, please refer to Aeronautical Study Number 2023-AWP-1 5339-
OE.
Signature Control No: 600626941-602785189
Vivian Vilaro,
Specialist
Attachment(s)
Map(s)
Page 2 of 4
(DNE)
12-85
TOPO Map for ASN 2023-AWP-15339-OE
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12-86
Sectional Map for ASN 2023-AWP-15339-OE
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NEWPORTSEACH
John Wayne Airport Safety Zone Reference Map
LEGEND SAFETY COMPATIBILITY ZONES FOR RUNWAY 2L 2OR MEDIUM
= GENERAL AVIATION RUNWAYAS DESCF41EWO IN THE CALAORNLk AIRPORT
1. RUNWAY PROTECTION ZONE LAND USE PLANNING HANDBOOK, JANUARY 2002 EDMON)
SAFETY OOMPATIBILITY ZONES FOR RUNWAY 2R & 20L SHORT
F CA�
2. INNER APPROACH /DEPARTURE ZONE GENERAL AVIATION RUNWAY AS OESCRISED 1N TH _ IFORNIA AIRPORT
3, INN�R TURNING ZONE LAND USE PLANNING HANDBOOK. JANUARY 2002 EDffION)
4. OUTEA APPROACH /DEPARTURE ZONE CERTIFICATION
4 5, SIDEUNE ZONE
r, TRAFFIC PATTERN ZONE kn for Orange County
m — w m ATTACHMENT 7
Date 12-88
AELUP - 20071 jwastzoner f - 160ODove—NewportBlvd.dg
JOHN WAYNE
AIRPORT
OPANGE COUNTY
'1170v
John Wayne Airport Access & Noise Office
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JOHN WAYNE
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John Wayne Airport Access & Noise 0ffice
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May 28, 2024
Julie Fitch, Staff Planner
John Wayne Airport, Orange County
3160 Airway Avenue
Costa Mesa, CA 92626
CITY OF Nr'AVPr)rtT HL O,C! i
100 CNic Center Drive
Ne%Nport Beach, California 92660
949 644-3200
r�ewl)ortbearhca.gov/cornrnLrn�tyd�-velf3pment
RECEIVED
MAY 2 8 2024
AFFORTL4ND US� CoMp4jSSION,
RE� Residences at 1600 Dove Street General Plan Amendment
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 Airpoil Land Use Commission (ALUC) review the City's proposed
amendments to the City's General Plan Land Use Element for consistency with the Airport
Environs Land Use Plan (AELUP) at its June 20, 2024, meeting. The proposed project is for a
seven -story, podium style apartment building consisting of 282 dwelling units, 28 of which are
affordable to very -low income households. A General Plan Amendment is requested to increase
the base dwelling unit count by 49 units. No changes to the underlying land use designation or
zoning district are proposed. The proposed height of the structure is 100 feet above ground
level (elevation of approximately 154 feet above mean sea level), where the maximum height
of PC-1 1's Residential Overlay is 55 feet above ground level. The Staff Report and Conditions
of Approval for the May 23, 2024 Planning Commission meeting have been attached
(Attachment Nos. 12 and 13).
Should you have any questions concerning the preceding information, I can be reached at 949-
644-3234 or via email at [westmorelatidp_newportbeachca.go ,
Sincerely,
Liz Westmoreland, AICP
Senior Planner
ATTACHMENT 9
Attachments:
1 . Submittal Forms and Checklist
2. General Plan Land Use Element Existing Map
3. General Plan Amendment (Amended Table LU2)
4. Newport Place Planned Community Existing Map
5. FAA Determination of No Hazard to Air Navigation
6. JWA Notification Area Map
7. JWA Noise Contours Map
8. City's General Plan Noise Contour Map
9. JWA Safety Zones Map
10. Obstruction Imaginary Surfaces Map
11. Surrounding Building Elevations
12. City of Newport Beach Planning Commission Staff Report (No Attachments)
13. City of Newport Beach Planning Commission Conditions of Approval
14. Noise, Height, and AELUP Consistency Analysis
15. Conceptual Plans
12-93
ORANOV COUNT
AIRPORT LAND USE COMMISSION
1 AILUC FOR ORANGE COUNTY
777
SUBMITTAL FORM: GENERAL PLAN - SPECIFIC PLAN - ZONING CODE
1. Name of City or County: City of Newport Beach
2. Contact Information - Name/Title Liz Westmoreland, Senior Planner
Agency: City of Newport Beach
Address: 100 Civic Center Drive, Newport Beach, CA 92660
Phone/email: 949-644-3234 lwestmoreland@newportbeachca.gov
3. Airport Planning Area(s):
Z John Wayne Airport El Fullerton Municipal Airport El 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: Land Use Element
5. Scheduled date of Planning Commission Public Hearing: 5/23/2024
6. Tentative date of City Council/Board of Supervisors Public Hearing: 7/9/2024
7. Requested date of ALUC Review: June 15
(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*? E] No (skip items # 9-12). FX-1 Yes (continue below).
9. Does the item propose a change of land use within the Z60 CNEL or 065 CNEL noise
contours of the airport(s)*? 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? E] No z 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*? 1:1 No Z 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*? Z No F-1 Yes
13. Please indicate current 55 feet and proposed 100 feet maximum heights allowed.
Continued on next page.
12-94
Page 2
SUBMITTAL CHECKLIST: General Plan - Specific Plan - Zoning Code
• Cover letter on City/county letterhead.
• Completed Submittal Form.
• Link to existing attached and proposed attached General Plan Element, Specific Plan or
Zoning Code for this submittal.
Z Attachment showing proposed changes to General Plan Element, Specific Plan or Zoning
Code Section(s) with strikethrough/underline.
LX Exhibit showing location(s) of proposed new uses within the Notification Area/Planning Area
for airport(s).
Z Exhibit showing location(s) of proposed new uses in relation to noise contours for airport(s).
0 Exhibit showing location(s) of proposed new uses in relation to Airport Safety Zones.
N Exhibit showing location(s) of proposed new uses in relation to the Obstruction Imaginary
Surfaces,
• Attachment showing current and proposed noise policies/mit[gation 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 No. 14
E 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://�6LWw.ocaii-.coiii/abocit/adiiiinistt-atioii/airport-goverrianceZcc)iiiiiilssions/,3ii-poi-t-laiid-Lise-
commission
Noise sensitive uses include but are not limited to community facilities such as: churches, libraries,
schools, preschOO15, day-care centers, hospitals, and nursing/convalescent homes.
Mail or Email Sub mittol Form, Checklis t and ottochmen ts to: Airport Land Use Comm ission for Orange Cc un ty,
A ttn: Executive Officer, 33 60 A irwoy A venue, Costa Meso, CA 92626 / Phone: (94-9) 252-5170
ALUCinfogocoir.com
012.3
12-95
11, ANOMALY S, U.OMALY.
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NDisclaimer:
N E W T 5 E A C H Every reasonable effort has been made to assure the
accuracy of the data provided, however, The City of
Newport Beach and its employees and agents
disclaim any and all responsibility from or relatIng to
0 417 833 any results obtained in its use.
io X
Feet
4'C'. Q�i k
W1312024
12-96
Table LL112
Anomaly Locations
Anomaly
Statistical Land Use
Development
Number
Area Designation
Limit (so
Development Limit (Otherj
Additional Information
139 dwelling units were converted
from one exIsfing office building
totaling 60,675 square feel consistent
12
L4
MU-H2
457,8BO
49 Dwelling Units
with LIJ 6,15.5 and 49 units were
added through a GPA at 1600 Uove
Street (PA2022-0297)
12-97
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Disclaimer:
NE WPORT BEACH
Every reasonable effort has been made to assure the
accuracy of the data provided, however, The City of
Newport Beach and its employees and agents
417
833
disclaim any and all responsibility from or relating to
any results obtained in its use.
Feet
511312024
Mail Processing Center
Federal Aviation Administration
Southwest Regional Office
Obstruction Evaluation Group
10101 Hillwood Parkway
Fort Worth, TX 76177
Issued Date: 10/24/2023
Satish Lion
The Picerne Group
5000 Birch St. Ste. 600
Newport Beach, CA 92660
Aeronautical Study No.
2023-AWP-15339-OE
** DETERMINATION OF NO HAZARD TO AIR NAVIGATION **
The Federal Aviation Administration has conducted an aeronautical study under the provisions of 49 U.S.C.,
Section 44718 and if applicable Title 14 of the Code of Federal Regulations, part 77, concerning:
Structure:
Building Residences at 1600 Dove Street
Location-
Newport Beach, CA
Latitude:
33-39-51.44N NAD 83
Longitude:
117-51-54.28W
Heights:
54 feet site elevation (SE)
100 feet above ground level (AGQ
154 feet above mean sea level (A-MSL)
This aeronautical study revealed that the structure does not exceed obstruction standards and would not be a
hazard to air navigation provided the following condition(s), if any, is(are) met:
It is required that FAA Form 7460-2, Notice of Actual Construction or Alteration, be e-filed any time the
project is abandoned or:
At least 10 days prior to start of construction (7460-2, Part I)
—X— Within 5 days after the construction reaches its greatest height (7460-2, Part 2)
Based on this evaluation, marking and lighting are not necessary for aviation safety. However, if marking/
lighting are accomplished on a voluntary basis, we recommend it be installed in accordance with FAA Advisory
circular 70/7460-1 M.
The structure considered under this study lies in proximity to an airport and occupants may be subjected to
noise from aircraft operating to and from the air -port.
This deteri-nination expires on 04/24/2025 -unless:
(a) the construction is started (not necessarily completed) and FAA Form 7460-2, Notice of Actual
Construction or Alteration, is received by this office.
(b) extended, revised, or terminated by the issuing office.
Page I of 4
12-99
(c) the construction is subject to the licensing authority of the Federal Communications Commission
(FCC) and an application for a construction permit has been filed, as required by the FCC, within
6 months of the date of this determination. In such case, the determination expires on the date
prescribed by the FCC for completion of construction, or the date the FCC denies the application.
NOTE: REQUEST FOR EXTENS10N OF THE EFFECTIVE PERIOD OF THIS DETERMINATION MUST
BE E-FILED AT LEAST 15 DAYS PRIOR TO THE EXPIRATION DATE, AFTER RE-EVALUATION
OF CURRENT OPERATIONS IN THE AREA OF THE STRUCTURE TO DETERMINE THAT NO
SIGNIFICANT AERONAUTICAL CHANGES HAVE OCCURRED, YOUR DETERMINATION MAY BE
ELIGIBLE FOR ONE EXTENSION OF THE EFFECTIVE PERIOD.
This determination is based, in part, on the foregoing description which includes specific coordinates, heights,
frequency(ies) and power. Any changes in coordinates, heights, and frequencies or use of greater power, except
those frequencies specified in the Colo Void Clause Coalition; Antenna System Co -Location; Voluntary Best
Practices, will void this determination. Any future construction or alteration, including increase to heights,
power, or the addition of other transmitters, requires separate notice to the FAA.This determination includes all
previously filed frequencies and power for this structure.
If construction or alteration is dismantled or destroyed, you must submit notice to the FAA within 5 days after
the construction or alteration is dismantled or destroyed.
This determination does include temporary construction equipment such as cranes, derricks, etc., which may be
used during actual construction of the structure. However, this equipment shall not exceed the overall heights as
indicated above. Equipment which has a height greater than the studied structure requires separate notice to the
FAA.
This determination concerns the effect of this structure on the safe and efficient use of navigable airspace
by aircraft and does not relieve the sponsor of compliance responsibilities relating to any law, ordinance, or
regulation of any Federal, State, or local government body.
If we can be of further assistance, please contact our office at (847) 294-7575, or vivian.vilaro@faa.gov. On any
future correspondence concerning this matter, please refer to Aeronautical Study Number 2023-AWP-15339-
OE.
Signature Control No: 600626941-602785189 (DNE)
Vivian Vilaro
Specialist
Attachment(s)
Map(s)
Page 2 of 4
12-100
TOPO Map for ASN 2023-AWP-15339-OE
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Page 3 of 4
Sectional Map for ASN 2023-AWP-15339-OE
44 47
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12-102
12-103
Note: County Unincorporated areas are shown in white,
John Wayne Airport Impact Zones
LEGEND
—60�o CNEL CC>NTOIJFI
RUNWAY PROTEnON ZONE
CrrY BOUNDARIES
AIRPORT BOUNDARIES
COMPOSRe Cuntour from
John Wayne Airpoql Project
Case-4990 and 2005
(see secl�or 2.2.1)
CERTIFICATION
Adopted by the Aparl Land
Use Corn mission [of Orange Counly
Kafi A. Rigoni, Eftutive
Officer-4g' Date
—J
12-104
12-105
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John Wayne Airport Safety Zone Reference Map
LEGEND SAFFrY COMPATIBILFFY ZONES FOR RUNWAY IL & 19LA MEOILU
= OENERAL AMTK)N RUNWAYAS DESCRIBED IN THE 'FORNIA PMPOS7
I RUNWAY PROTE"ON ZONE LAND USE PLANNING KANDROOK,JANUARY 2002 EDITIONI
SAFETY COMPATIRRI-FY ZONES FOR RLMAY IR & 19��HORT
2 INNCR APPROACH 1MPARTURE ZONE GENERAL AMATION RUNWAY AS DESCRIBED N THE F"ok MRPOM
3� ;NNEA TURNING ZONE LAND USE PLANNING HANDBOOK JANUARY M02 EDITION)
oe.FN 4- CUMA APPROACH /DEF-ARTURZ ZONE CERTIFICATION
4� S. SIDEUNIF ZONE Adopted by the ArpodUnd Use Commission for0range County
5. TRAFFIC PATTERN 20ME
Kardik igoni, OffIcer Did
12-106
m
JJ
. .
1
IBOID4west
68
2
1901 Dove SE
72
3
4 220 OINh SI
64
4
4 109 Birch St
64
5
41nWeslerlyPt
63
6
4101 Westerly Pt
62
7
4029 Wesloriy Pi
72
8
4109 We 5leFiy Pi
72
9
4020 BIrch 51
72
10
4001 We swrly R
64
11
if,01 Dove St
as
12
400 0 Westerly PI
so
23
3990 westafty Pt
89
IA
1401 Dma ST
1�s
15
1375 Dwe St
105
16
1301 Dma St
202
17
1300 Dow ST
IGO
19
4041 MaMnhut Blvd
128
n
4100 Newpol Place Dr
185
20
4101 M acArthur Blvd
75
21
4141 MacArLhur BWd
202
22
4221 DoWhin Slake r Way
70
23
422S MacArthur Btvd
70
24
4241 MacArthur Bivd
72
25
42,51 MacAnlrur Btvd
78
26
4299 MacArtliur BIvEI
1�2
27
4301 Maningate Dr
Z6
28
4341 MaCATthu r BW
so
29
4343 Macklhur Blvd
74
�o
VWI rgrin Mw Way
74
31
4200 Birch St
65
32
4200 MacAtthur MA
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12-108
CITY OF NEWPORT BEACH
OL PLANNING COMMISSION STAFF REPORT
SUBJECT: Residences at 1600 Dove Street (PA2022-0297)
General Plan Amendment
Affordable Housing Implementation Plan
Traffic Study
Development Agreement
Environmental Impact Report Addendum
SITE LOCATION: 1600 Dove Street
APPLICANT: The Picerne Group
OWNERS: 1600 Dove LP and GS 1600 Dove LLC
May 23, 2024
Agenda Item No. 4
PLANNER: Liz Westmoreland, Senior Planner
949-644-3234, lwestmoreland(-o�newportbeachca.,qov
PROJECT SUMMARY
The Applicant is requesting approval of a General Plan Amendment (GPA), Affordable
Housing Implementation Plan (AHIP), Traffic Study, and Development Agreement (DA) for
the future development of a multi -unit residential project consisting of up to 282 dwelling
units at 1600 Dove Street, in the Airport Area (Project). No specific design for the Project is
included in this application. The Project would require a future Site Development Review
by the Planning Commission prior to building permit issuance.
RECOMMENDATION
1) Conduct a public hearing',
2) Find that potential environmental impacts have been previously mitigated through
the implementation of the policies of the General Plan as evaluated in Program
Environmental Impact Report for the 2006 General Plan Update (SCH No.
2006011119), and the City of Newport Beach Housing Element Initial
Study/Negative Declaration (collectively, the PEIR)� therefore, in accordance with
Section 15164 of the California Environmental Quality Act (CEQA) Guidelines, an
addendurn to the previously adopted PEIR is the appropriate environmental
documentation for the Project; and
3) Adopt Resolution No. PC2024-008 (Attachment No. PC 1) recommending the City
Council adoption of Environmental Impact Report Addendum No. 9, and approval of
General Plan Amendment, Affordable Housing Implementation Plan, Traffic Study,
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Page 2
and Development Agreement, for the Project located at 1600 Dove Street (PA2022-
0297).
2
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F- C3 y t::
VICINITY MAP
OV
ite
Lk
t-A
WAY
GENERAL -PLAN
ZONING
ID
LOCATION
GENERALPLAN
ZONING
CURRENT USE
ON -SITE
Mixed Use Horizontal
Newport Place Planned
Office
(MU-H2)
Community (PC -
350-unit Newport Crossings
NORTH
MU-H2
PC-1 1
(graded site)
SOUTH
MU-H2
PC-1 1
Parking structure and office
EAST
MU-H2
PC-1 1
Medical office
WEST
General Commercia
'
PC-1 1
L
Office
Office (CO G H2
)/MU_
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Page 4
INTRODUCTION
Pro'ect Setting
The 2.49-acre project site is located within the Residential Overlay zone of Newport
Place Planned Community (PC-1 1) and currently improved with one 4-story, 60,675-
square-foot office building and a surface parking lot. The property is somewhat
rectangular in shape, with a primary frontage on Dove Street to the west, bordered by
the approved Newport Crossings Residential Project (PA2017-107) and Martingale Way
to the north, Dolphin -Striker Way to the south, and an existing commercial development
to the east.
Promect Description
The Applicant, the Picerne Group, seeks the following approvals that would allow future
development of a seven -story, multiple -unit residential development consisting of up to
282 apartment units:
General Plan Amendment (GPA)- A request to add 49 dwelling units above
the current General Plan allowance for the Airport Area, and amend Anomaly
12 of the General —Plan Table LU2 (Anomaly Locations) allocating the 49
residential dwelling units to the Property;
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 50% increase in density including a request for three development
standard waivers related to height, park dedication requirement, and overall
residential density along with two development concessions related to the
payment of park in -lieu fees and affordable unit mix pursuant to Chapter 20.32
(Density Bonus) of the Newport Beach Municipal Code and Government Code
Section 65915 et seq. ("State Density Bonus Law");
Development Agreement (DA) — A Development Agreement between the
Applicant and the City, pursuant to Section 15.45.020 (Development Agreement
Required) of the NBMC, which would provide the Applicant with the vested right
to develop the Project for a term of 10 years and to provide negotiated public
benefits to the City;
Addendum to the 2006 General Plan Update Program Environmental
Impact Report (Addendum No. 9) - Pursuant to the California Environmental
Quality Act (CEQA), the Addendum addresses reasonably foreseeable
environmental impacts resulting from the Project; and
Traffic Study - A traffic study pursuant to Chapter 15.40 (Traffic Phasing
Ordinance) of the NBMC.
15
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The applicant has provided conceptual exhibits showing the anticipated design types
and possible site plan that may be presented as part of the future Project (Attachment
4). Figures 1 and 2 show the conceptual plans. Should the applications be approved by
the City Council, future development of the Project would be required to comply with the
Residential Overlay development standards set forth in the PC-1 1 and subject to Site
Development review by the Planning Commission. The applicant's full project description
and letters of support are provided as Attachment No. PC 2.
0 0 LP H 1, S r wf, �m,
LEGEND
6 SISFUS UF
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PERWOM LAMM
Figure 1: Conceptual Site Plan
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X-111M
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Figure 2: Conceptual Flevations
DISCUSSION
General Plan Consistency
The subject property is located in the Airport Area and is currently designated as Mixed
Use Horizontal 2 (MU-H2) by the General Plan Land Use Etement. The Mixed -Use
Horizontal 2 (MU-H2) designation provides for a horizontal intermixing of uses that may
include regional commercial office, multifamily residential, vertical mixed -use buildings,
industrial, hotel rooms, and ancillary neighborhood commercial uses to a majority of
properties in the Airport Area. The MU-H2 designation also allows a maximum of 2,200
residential units as replacement of existing office, retail, and/or industrial uses at a
maximum density of 50 units per net acre. Any eligible density bonus allowed by
Government Code Section 65915 (State density bonus law) and NBMC Chapter 20,32
(Density Bonus) are not included in the 2,200-unit policy allowance.
While the proposed Project is allowed by the General Plan, the applicant is requesting
an amendment to Anomaly 12 of the General Plan Table LU2 (Anomaly Locations) to
increase the number of dwelling units allocated to the project site by 49 dwelling units,
for a total of 188 dwelling units. The base density currently allotted to the property is 139
dwelling units. This density is based on the conversion of the existing 60,675-square-
foot office building, consistent with the City's adopted land use conversion factors. The
applicant also proposes a 50% density bonus to increase the total unit count to 282
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pursuant to Newport Beach Municipal Code (NBMC) Section 20. 32 (Density Bonus)
and Government Code Section 65915 (Density Bonus Law). The dwelling unit
calculations are summarized below in Table 1.
Presently, there are a total of 209 units remaining and available to be entitled in the
Airport Area 2,200-unit policy allowance. The requested 49 GPA units would be in
addition to the 2,200-unit policy allowance. With the approval of this project, there would
be 70 (209-139=70) dwelling units remaining (exclusive of density bonus units and units
authorized through General Plan Amendments). Residential units approved, proposed,
and remaining within the MU-H2 designation of the Airport Area are listed in the Table 2
below.
0
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The future residential development as envisioned is consistent with existing surrounding
uses and planned land uses identified by the General Plan, as it would introduce
additional residential land uses in the Airport Area which includes a diverse mix of land
uses including the gradual multiple residential opportunities.
The GPA to increase dwelling units does not eliminate existing or future land uses to the
overall detriment of the community given the subject property's size, location, and
surrounding uses. The existing office building on -site was built in the 1970's and there
are sufficient office facilities in the Airport Area to support the business needs of the
community. The Project would increase the City's housing stock including the provision
of 28 units that will be affordable to lower incomes.
The General Plan contains a number of policies that provide for the orderly evolution of
the Airport Area, from a business park to a mixed -use district with cohesive residential
villages integrated within the existing fabric of office, industrial, retail, and airport -related
businesses. This project site was identified as a site for mixed -use development within
the General Plan.
Housing Element
The Housing Element identifies adequate sites to accommodate its fair share allocation
for the 6th Cycle Housing Element to accommodate housing growth needs by income
categories. The project site is identified as a Housing Inventory Site 80. Figure B-3 of
the Housing Element (below) displays the capacity and opportunity within the Airport
Area which can help accommodate a portion of the City's Regional Housing needs
Allocation (RHNA). Ultimately, the anticipated residential development implements the
certified Housing Element and aids the City in its goal to provide new housing
opportunities.
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Figure B-3: Airport Area Environs - Sites Inventory
Site Inventory:
Airport Area Environs
LEGEND
CITY B. tvy
sth cvu* 5'1�
P�pv - P'a'.C'
opv�nily Sn-
Airport Land Use Commission Consistency Determination
The project site is within the boundaries of the Airport Environs Land Use Plan
(AELUP), therefore, the overseeing agency, Airport Land Use Commission (ALUC),
must review the proposed GPA pursuant to Government Code Section 65302.3 and
Public Utilities Code Section 21676. The purpose of ALUC's review is to determine
whether the Project is consistent with the AELUP prior to the City Council acting on the
Project. Staff anticipates review of the project by the ALUC on June 20, 2024.
Staff believes the Project is con§stent with the requirements and standards in the
AELUP. The project site is located within the 60 decibel (dBA) community noise
equivalent level (CNEL) contour as shown in Figure N5 of the Noise Element of the
General Plan and in the AELUP, where residential development is allowed,
Additionally, the subject site is located w�thin John Wayne Airport Safety Zone 6 which
allows residential uses. Lastly, the future residential development at the subject site will
be required to comply with the noise -related development standards set forth in Section
20.30.080(F) of the NBMC applicable to residential uses proximate to John Wayne
Airport.
The draft Planning Commission resolution (Attachment No. PC 1) includes facts in
support of a finding of consistency of relevant Airport Area policies. Furthermore, the
EIR Addendum includes a comprehensive analysis of all relevant General Plan policies.
The Project, as proposed, is consistent with all relevant General Plan policies except as
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waived through the Affordable Housing Implementation Plan (AHIP) pursuant to State
Density Bonus Law and NBMC Section 20.42 (Density Bonus) (see AHIP discussion
below).
Charter Section 423 Analysis
Charter Section 423 requires voter approval of any major General Plan amendment to
the General Plan. A major General Plan amendment is one that significantly increases
allowed density or intensity by 40,000 square feet of non-residential floor area,
increases traffic by more than 100 peak hour vehicle trips (AM/PM), or increases
residential dwelling units by 100 units. These thresholds apply to the total of increases
resulting from the amendment itself, plus 80% of the increases resulting from other
amendments affecting the same neighborhood (defined as a Statistical Area as shown
in the General Plan Land Use Element) and adopted within the preceding ten years.
Council Policy A-18 (Guidelines for Implementing Charter Section 423) requires that
proposed amendments to the General Plan be reviewed to determine if a vote of the
Newport Beach electorate would be required. This policy includes a provision that all
General Plan amendments be tracked as "Prior Amendments" for 10 years to determine
if minor amendments in a single Statistical Area cumulatively exceed the thresholds
indicated above.
The Project is the second General Plan Amendment in Statistical Area Ll within the last
10 years that included additional dwelling units or non-residential floor area. The
proposed amendment results in 49 additional dwelling units and no change in the
square footage of non-residential floor area. Density bonus units are not included in
Charter Section 423 analysis nor the General Plan Anomaly calculations.
The.49 additional dwelling units result in a net increase of 18 a.m. peak hour trips and
19 p.m. peak hour trips based on the "Multifamily Housing (Mid Rise) Not Close to Rail"
ITE 11 th Edition trip rate for the proposed use, as provided in Council Policy A-1 8. No
credit is given to the existing non-residential uses on -site because the existing office
floor area was converted to residential dwelling units so that the proposed Project (less
the density bonus and GPA units) is traffic neutral. Therefore, the Project individually
does not exceed the Charter Section 423 thresholds. A summary of the analysis is
provided below in Table 3.
I I
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Table 3 — Charter 423 Analysis
Projects
Description
Thresholds
Nonresidential
Dwelling
AM Peak
PM Peak-,
SF Change,
Unit
Hour
Hour
Change
Change
Change
Prior Amendments'
Residences at 1400
General Commercial (CO-G)
0
64
24
25
Bristol Street
to Mixed -Use Horizontal (MU -
(PA 2022-0296)
H2) and GPA for 64 additional
Approved April 9, 2024
units
100% Totals
0
64
24
25
80% Totals
0
51
19
2
Remaining Capacity
40,000
49
66
65
Without a Vote,
Residences at 1600
�5PA for 49 additional units
0
49
18
19
Dove 'Street
(Subject Project)
Thresholds
No
No
No
Exceeded?
As none of the thresholds specified by Charter Section 423 are exceeded, no vote of
the electorate is required if the City Council chooses to approve the requested GPA.
Tribal Consultation (SB-18)
Pursuant to California Government Code Section 65352.3 (SB1 8), a local government is
required to contact the appropriate tribes identified by the Native American Heritage
Commission (NAHC) each time it considers a proposal to adopt or amend the General
Plan. If requested by any tribe, the local government must consult for the purpose of
preserving or mitigating impacts to cultural resources. The City received comments from
the NAHC indicating that 12 tribal contacts should be provided notice regarding the
proposed amendment, The tribal contacts were provided notice on February 23, 2023.
California Government Code Section 65352.3 requires notification 90 days prior to
Council action to allow tribal contacts to respond to the request to consult. The Project
will not be heard by the City Council until after the 90-day period, which expired on April
26, 2023. The City participated in consultations with three tribes: the Gabrieleno Band of
Mission Indians — Kizh Nation, the Juaneno Band of Mission Indians, Acjachemen
Nation-Belardes, and the Gabrielino Tongva Indians of California. Based on
consultation with the participating Native American Tribes, conditions of approval have
been included to address potential concerns regarding the protection of Tribal Cultural
Resources.
Newport Place Planned Community (Zoning Code) Consistency
The project site is located within the Newport Place Planned Community (PC-1 1) in the
Residential Overlay.
The Overlay allows for multi -unit residential development as a stand-alone use provided
that it includes a minimum of 15% of the base density for lower income households. The
future development project, as currently proposed, would provide this minimum number
12
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of affordable units by providing 28 dwelling units as affordable for very -low-income
households (188 base units x 15% = 28.2 = 28 units). The Overlay also contains
development standards for multi -unit residential development, including density, height,
setbacks, parking, signage, airport noise compatibility, amenities, and landscaping.
The Overlay limits the density for a residential development to be between 30 and 50
dwelling units per acre. The Project includes 139 base units or 55.8 dwelling units per
acre, not including density bonus units or the requested units through the requested
GPA. The base density with the requested GPA results in a density of 75.5 dwelling
units per acre. The overall density of the project including the density bonus units is 113
units per acre. Both the base density and density bonus units are not consistent with the
PC Text density requirement; however, the Applicant is requesting a development
standard waiver pursuant to the NBMC and State Density Bonus Law. Furthermore, the
proposed building will likely exceed the 55-foot maximum height allowed by PC-1 1, and
therefore a development standard waiver is requested for this height restriction to allow
future development of up to 100 feet.
The future residential development is subject to a Major Site Development Review and
will be required to comply with all other development standards of the PC-1 1 Residential
Overlay.
Affordable Housing Implementation Plan
The applicant has prepared a draft Affordable Housing Implementation Plan (AHIP),
dated April 22, 2024 (Exhibit D of Attachment No. PC 1) to illustrate compliance with
the affordable housing requirements of the Residential Overlay of Newport Place
Planned Community and density bonus allowances pursuant NBMC Chapter 20.32
(Density Bonus Code) and Government Code Section 65915-65918 (Density Bonus
Law). Because the Project has not been designed yet, additional incentives or
development standards may be requested as part of a future site development review
and subject to approval of any changes through an AHIP amendment.
Consistent with the affordable housing requirements of the Residential Overlay, 15% or
28 units of the Project's 188 base units would be set aside as affordable units to very -
low -income households for 55 years.
In centive/Con cession Requests:
The 15% allocation of very -low-income households makes the Project entitled to a
density bonus of 50% (94 units) above the maximum number of units allowed by the
General Plan and requested GPA increase.
In addition to the 94 density bonus units requested, the Project is entitled to receive
three incentives or concessions that would result in identifiable, financially sufficient,
and actual cost reductions. The applicant requests the following two incentives at this
time:
is
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Partial In -Lieu Park Fee Waiver. Pursuant to General Plan Policy General Plan
Land Use Policy LU 6.15.13, the Applicant is required to dedicate 0.50 acre of
land for a neighborhood park or pay an in -lieu fee for the City to acquire and
improve parks in the Airport Area. The applicant is required to pay $1,837,500 for
the in -lieu park fee (0,50-acre park equivalent). The Applicant is contributing
approximately $714,212 for this purpose; therefore, an in centive/con cession is
required to waive the remaining fee. The reduction in park in -lieu fees would
allow the applicant to contribute to the overall fund for parks in the Airport Area,
while providing identifiable cost reduction that make the provision of affordable
units feasible. Because the request includes a waiver of a City imposed fee, the
Council has the discretion to approve, deny, or modify this concession pursuant
to Density Bonus Law.
2. Affordable unit mix that does not meet NBMC Section 20.32.110 (Design and
Distribution of Affordable Units). This section requires affordable units in a
density bonus project reflect the same range of unit types in the residential
development as a whole. See previous discussion regarding unit mix. Granting
this incentive will result in identifiable, financially sufficient, and actual project
cost reductions by reducing the long-term rental subsidy costs associated with
the two -bedroom units and affording additional rental income for the project to
ensure financial feasibility.
Development Standard Waivers
In addition to the density bonus units and financial concessions, the Project is entitled to
receive unlimited waivers or reductions of development standards, including parking
reductions, if the development standard would physically prevent the project from being
built at the permitted density. In this case, the Applicant requests waivers of the
following three development standards:
1 . Park dedication requirement. General Plan Land Use Policy LU 6.15,13 requires
a public park equal to 8% of the gross land area of the development, or a
minimum one-half acre, whichever is greater, be provided. In this case, the 2.49-
acre project site is too small to feasibly accommodate a half -acre park. The City
has granted this dedication waiver four times previously with the Newport Airport
Village Planned Community, the Residences at 1300 Bristol Street, Residences
at 1400 Bristol, and Residences at 1401 Quail projects.
2. Residential density. General Plan Land Use Policy LU 6.15.7 and PC-11 limits
residential density between 30-50 units per acre. Inclusive of only the conversion
units, the density would not comply at 55.8 dwelling units per acre. Including the
proposed GPA units, the conversion units, and density bonus the resulting
density would be 113 units per acre exceeding the limit and a waiver is
necessary to implement the project. Again, the City has previously granted this
policy waiver allowing excess density three times with the Newport Airport Village
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Planned Community, the Residences at 1300 Bristol Street, and Residences at
1400 Bristol projects.
3. Building height. The Newport Place Planned Community (PC-1 1) limits building
height to 55 feet from established grade, In this case, a higher building height is
necessary to accommodate 282 residential units within seven stories. The
Project is anticipated to have a height of 100 feet from established grade.
Fiscal Impact Analysis
Pursuant to General Plan Implementation Program 12.1, a fiscal impact analysis was
prepared for the project by Applied Development Economics dated April 17, 2024
(Attachment PC 3). The fiscal impact model used in the report calculates public service
impacts for specific land uses that support the residential population, the employment
base and the visitor population in Newport Beach, It also calculates the public revenues
that each type of land use typically generates for the City, including property taxes,
sales taxes and other taxes as well as a variety of user charges and fees.
The report concludes that the future residential rental project would generate a positive
fiscal impact for the City, compared to the negative fiscal impact of the existing office
use of the site. Annually, the existing office use generates a negative fiscal impact of
about $104,661 per year and the residential development would anticipate generating a
positive fiscal impact of approximately $41,732. This is based on the expected socio-
economic profile of the future tenants. A positive fiscal impact for a for -rent property is
not consistent with the original fiscal analysis of residential uses in the 2006 General
Plan, although in recent years some other very high value luxury residential projects
have shown a positive fiscal benefit, If the anticipated re�ident profile (i.e. demographic
profile of residents) turns out to be more like the average Newport Beach demographic
(e.g. older population), or if it changes in that direction over time, then the residential
development would have a lower, or possibly negative impact on the City budget.
However, even so, the 2006 General Plan anticipated an increased development
potential for commercial and lodging uses, in addition to the new residential units it
would permit. The net impact of the growth in land uses at buildout of the General Plan
compared to existing land uses in 2006 when the plan was adopted, would result in a
positive fiscal impact for the General Fund of $21.7 million per year.' Thus, any
negative fiscal impacts of future residential development can potentially be mitigated as
long �as commercial development keeps pace elsewhere throughout the City.
Development Agreement
In accordance with Section 15.45.020.A.2.a (Development Agreement Required) of the
NBMC, a development agreement is required as the proposed project includes a
General Plan Amendment and the development of 50 or more residential units.
Additionally, the project will be required to pay public benefit fees as part of the
Applied Development Economics, Fiscal Impact Analysis Land Use Element Amendment, April 4, 2014, p. 3.
_T 5
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Development Agreement. The project would also provide much needed housing
opportunities in the City in furtherance of the certified Housing Element including 28
rental units affordable to very -low income households.
The applicant requests a 10-year term of agreement. The agreement provides
assurance that the applicant may proceed with the proposed project in accordance with
existing policies, rules and regulations, and conditions of approval. Additionally, the
agreement helps the applicant avoid a waste of resources and escalated costs of the
proposed project while encouraging a commitment to private participation in
comprehensive planning. Staff supports the requested I 0-year term.
The DA provides vested rights to develop the project and the City will finalize the
payment of negotiated public benefit fees per each residential dwelling unit. The total
fee will have three components: a public safety fee, a reduced park in -lieu fee, and a
general public benefit fee (Table 4, below). The public safety fee will assist the City with
the costs of an additional ambulance unit that will be stationed at Fire Station No. 7 that
will serve this area or other public safety needs. The park fee will be used consistent
with City Council Policy B-1 (Park Fee Policy) or for the future acquisition and
development of a neighborhood park in the Airport Area. The public benefit fee will be
used solely at the City Council's discretion. The public benefit fee would be subject to
annual adjustments, based on the CPI Index after two years, and would be payable at
building permit issuance or prior to occupancy.
Finally, the agreement includes all mandatory elements, including public benefits that
are appropriate to support conveying the vested development rights consistent with the
City's General Plan, NBMC, and Government Code Sections 65864 et seq.
Traffic Phasing Ordinance (TPO)
NBMC Chapter 15.40 (Traffic Phasing Ordinance) requires a traffic study to be prepared
prior to issuance of building permits if a proposed project generates in excess of 300
new average daily trips (ADT).
Ganddini Group Inc. has prepared a traffic study dated August 14, 2023 (Exhibit F of
Attachment No. PC 1), under the supervision of the City Traffic Engineer, pursuant to
the Traffic Phasing Ordinance (TPO) and its implementing guidelines. The traffic study
is focused on the conditions one year after project occupancy, or five years after project
10
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approval for larger projects not expected to be complete within five years. Baseline
traffic conditions for a TPO traffic study include previously approved projects in the City.
The Traffic Study provides an evaluation of morning and evening peak hours at 14
existing intersections that are located in the City and the adjoining City of Irvine. The
Project is projected to generate an additional (i.e. net increase of) 622 daily trips,
including 12 peak a.m. trips and 22 peak p.m. trips. When these trips are distributed to
these studied intersections, the analysis concludes that there is no significant impact as
the project will neither cause nor make worse an unsatisfactory level of service at any
impacted primary intersection, and all intersections are forecasted to continue to
operate at acceptable Levels of Service (LOS). Additionally, the Traffic Study includes
vehicle miles traveled (VMT) analysis for informational purposes only. An analysis of
VMT was not required as a part of the CEQA Addendum because the adopted Program
Environmental Impact Report (PEIR), adopted in 2006, did not utilize VIVIT analysis.
Nonetheless, the informational analysis concludes that the project is in an area mapped
with low residential VIVIT per capita. Therefore, the project is presumed to have a less
than significant impact on VIVIT since it satisfies the City established screening criteria.
Furthermore, the TPO requires findings that, based on the weight of the evidence in the
administrative record, including the traffic study, the proposed project complies with the
TPO. Findings related to the preparation of the traffic study are provided in the draft
resolution for project approval (Attachment No. PC 1).
Environmental Review
On July 25, 2006, the City Council adopted Resolution No. 2006-75, thereby certifying
the adequacy and completeness of the Environmental Impact Report (EIR) for the
General Plan 2006 Update (SCH No. 2006011119). The EIR was prepared in
compliance with the CEQA set forth in the California Public Resources Code Section
21000 et seq. and its implementing State regulations set forth in the California Code of
Regulations Title 14, Division 6, Chapter 3 (CEQA Guidelines) and City Council Policy
K-3. Additionally, in accordance with Section 15168(a) of the CEQA Guidelines, the City
prepared the EIR as a Program Environmental Impact Report (EIR). This PEIR
analyzed the potential impacts of a citywide land use plan, and the goals and policies of
10 general plan elements.
Additionally, on November 22, 2011, the City Council adopted General Plan
Amendment No. GP2008-003, thereby approving the City of Newport Beach Housing
Element Update (2008-2014) and its associated Housing Element Initial Study/Negative
Declaration.
Pursuant to Section 21166 of the California Public Resources Code and Section 15162
of the CEQA Guidelines, when an EIR or prior Negative Declaration has been certified
for a project, no subsequent EIR or other analysis is required unless the lead agency
determines, on the basis of substantial evidence in the light of the whole record, one or
more of the following:
17 12-125
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1. Substantial changes are proposed in the project which will require major
revisions of the previous EIR due to the involvement of new significant
environmental effects or a substantial increase in the severity of previously
identified significant effects;
2. Substantial changes occur with respect to the circumstances tinder which the
project is undertaken which will require major revisions of the previous EIR
due to the involvement of new significant environmental effects or a
substantial increase in the severity of previously identified significant effects;
or
3- New information of substantial importance, which was not known and could
not have been known with the exercise of reasonable diligence at the time the
previous EIR was certified as complete, shows any of the following:
a. The project will have one or more significant effects not discussed in the
previous EIR;
b. Significant effects previously examined will be substantially more severe
than shown in the previous EiRl-
C, Mitigation measures or alternatives previously found not to be feasible
would in fact be feasible and would substantially reduce one or more
significant effects of the project, but the project proponents decline to
adopt the mitigation measure or alternative; or
d. Mitigation measures or alternatives which are considerably different from
those analyzed in the previous EIR would Substantially reduce one or
more significant effects on the environment, but the project proponents
decline to adopt the mitigation measure or alternative.
The City contracted with an environmental consultant (PsDmas, Inc.) to prepare an
Addendurn to the PEIR. The entire Addendum and 'its technical appendixes are
available online at the City's web0e at� www-newportbeachca.gov/cega, The
conclusion of the Addendum analysis supports the finding that no additional
environmental documentation is required by CEQA-
On the basis of the entire environmental review record, the project will not result in any
new significant impacts that were not previously analyzed in the PEIR for the General
Plan 2006 Update (SCH No. 2006011119) or the Housing Element Initial
Study/Negative Declaration. All potential impacts associated with this Project would
6ther be the same or less than those described in either the PEIR or Negative
Declaration that have been appropriately mitigated. In addition, there are no substantial
changes to the circumstances under which the project would be undertaken that would
result in new or more severe environmental impacts than previously addressed in either
12-126
Residences at 1600 Dove Street (PA2022-0297)
Planning Commission, May 23, 2024
Page 18
the PEIR, nor has any new information regarding the potential for new or more severe
significant environmental impacts been identified. Therefore, in accordance with Section
15164 of the CEQA Guidelines, an addendum to the previously adopted PEIR is the
appropriate environmental document for the project.
Summar
Staff believes the findings for project approval can be made, with specific conditions of
approval for the AHIP and TPO Study. The proposed Project is consistent with the
existing MU-H2 General Plan Land Use designation and its land use policies related
residential developments in the Airport Area. The proposed project is also consistent
with the recently updated Noise Element and AELUP.
I
The existing Newport Place Residential Overlay allows multi -unit uses subject to
approval of a site development review, which would be requested once the Project is
designed. The site development review will ensure the design of the future project will
be implemented consistent with all applicable development and design standards.
Ultimately, the Project will lead to the redevelopment of underperforming office with a
multi -unit residential apartment development that will include affordable units consistent
with the Overlay and in furtherance of the adopted 6th Cycle Housing Element,
Alternatives
The Planning Commission has the discretion to recommend changes to the
proposed Project to address any areas of concern.
2. The Planning Commission can also recommend denial if the Project's
consistency with the MU-H2 and/or other applicable Airport Area policies are not
in evidence. If the Planning Commission chooses to deny the project, findings
must be made consistent with the Housing Accountability Act (Government Code
Section 65589.5) and Density Bonus Law (Government Code Section 65915).
Therefore, if after consideration of all written and oral evidence presented, the
Planning Commission desires to either disapprove or impose a condition that the
project be developed at a lower density or with any other conditions that would
adversely impact feasibility of the proposed project, the Planning Commission
must articulate the factual basis for making the following findings and direct staff
to return with a revised resolution incorporating the articulated findings and
factual basis for the decision:
a. The housing development project would have a specific, adverse impact upon
the public health or safety. As used in this paragraph, a "specific, adverse
impact" means a significant, quantifiable, direct, and unavoidable impact,
based on objective, identified written public health or safety standards,
policies, or conditions as they existed on the date the application was deemed
complete.
i�.9
12-127
Residences at 1600 Dove Street (PA2022-0297)
Planning Commission, May 23, 2024
Page 19
b, There is no feasible method to satisfactorily mitigate or avoid the adverse
impact without rendering the development unaffordable to affordable
households financially infeasible.
Public Notice
Notice of this hearing was published in the Daily Pilot, mailed to all owners of property
within 300 feet of the boundaries of the site (excluding intervening rights -of -way and
waterways) including the applicant, and posted on the subject property at least 10 days
before the scheduled meeting, consistent with the provisions of the Municipal Code.
Additionally, the item appeared on the agenda for this meeting, which was posted at
City Hall and on the city website.
Prepared by�
Submitted by:
Liz Westmoreland, AICP J ai MUrillo, AICP
Senior Planner Acting Deputy Comrnunity Developnient Director
PC I Draft Resolution andIC
PC 2 Applicant's Project Desc M'tUTf4kd Letters of Support
PC 3 Fiscal lmp�iWMerniorandum ----------- ----
PC:4--.--f,-,G7T�ueptuaI Exhibits
12-128
Attachment No. 13
City of Newport Beach Planning
Commission Conditions of Approval
12-129
Planning Commission Resolution No. PC2024-008
Paae 22 of 24
Exhibit G
CONDITIONS OF APPROVAL
(Project-specfflc conditions are in italics) ,
Planning Division
1. The development shall be in substantial conformance with the approved Residences at
1600 Dove Street Affordable Housing Implementation Plan and Density Bonus
Application datedApril 22, 2024 (except as modified by applicable conditions of approval).
2. Prior to the issuance of building permits, the applicant shall obtain all applicable
discretionary permits (e.g. Site Development Review), The Applicant shall comply with
all conditions of approval for said discretionary permits.
3. The Project is subject to compliance with all applicable submittals approved by the City
of Newport Beach ("City") and all applicable City ordinances, policies, and standards,
unless specifically waived or modified by the conditions of approval.
4. The Approval of the Affordable Housing Implementation Plan granted under PA2022-
0297 shall expire unless exercised within twenty-four (24) months from the date of
approval as specified in Section 20.54.060 of the Newport Beach Municipal Code
("NBMC"), unless an extension is otherwise granted by the City for a period of time
provided for in the Development Agreement pursuant to California Government Code
Section 66452.06(a).
5. The proposed residential development shall consist of 282 apartment units, inclusive of
188 base units (conversion and GPA units) and 94 density bonus units.
6. A minimum of 28 apartment units shall be made affordable to very -low-income
households consistent with the approved Residences at 1600 Dove Street Affordable
Housing Implementation Plan and Density Bonus Application dated April 22, 2024.
7. Prior to the issuance of a building permit an affordable housing agreement shall be
executed in a recordable form as required by the City Attorney's Office.
8. The Applicant shall comply with all provisions of the Development Agreement including
payment and timing of the public benefit fees.
9. A qualified monitor from the Gabrieleno Band of Mission Indians - Kizh Nation, shall be
retained and compensated as a Native American Monitor for the project site prior to the
01-17-23
140
12-130
Planning Commission Resolution No. PC2024-008
Pacie 23 of 24
commencement of any ground -disturbing activity to the completion of ground disturbing
activities to monitor grading and excavation activities.
10. The �7onitor shall be retained prior to the commencement of any "ground -disturbing
activity" for the subject project "Ground -disturbing activity" shall include any demolition
that includes subterranean impacts, mass grading, and excavation. The monitor is
expected to accommodate the construction schedule provided by the Applicant. The
Applicant shall make a good faith effort to notify the monitor of any changes to the
construction schedule at least 24 hours in advance.
11. A copy of the executed monitoring agreement shall be submitted to the City prior to the
commencement of any ground -disturbing activity, or the issuance of any permit
necessary to commence a ground -disturbing activity.
12. The monitor shall complete daily monitoring logs that will provide descriptions of the
relevant ground -disturbing activities, the type of construction activities performed,
locations of ground -disturbing activities, soil types, cultural -related materials, and any
other facts, conditions, materials, or discoveries of significance to the Tribe. Monitor logs
will identify and describe any discovered TCRs, including but not limited to, Native
American cultural and historical artifacts, remains, places of significance, etc.,
(collectively, tribal cultural resources, or "TCR'), as well as any discovered Native
American (ancestral) human remains and burial goods. Copies of monitor logs shall be
provided to the project applicantllead agency upon written request to the monitors.
13. On -site tribal monitoring shall conclude upon the earlier of the following: (1) written
confirmation to the consulting tribe from a designated point of contact for the project
applicantllead agency that all ground -disturbing activities and phases that may involve
ground -disturbing activities on the project site or in connection with the project are
complete; or (2) a determination and written notification by the consulting tribe to the
project applicantllead agency that no future, planned construction activity andlor
development/construction phase at the project site possesses the potential to impact
TCRs of the consulting tribe.
14. Upon discovery of any TCRs, all construction activities in the immediate vicinity of the
discovery shall cease (I. e., within the surrounding 25 feet) and shall not resume until the
discovered TCR has been fully assessed by the monitor andlor archaeologist. The
monitor will recover and retain all discovered TCRs in the form andlor manner the tribe
deems appropriate, in the tribe's sole discretion in coordination with the applicant, and
for any purpose the tribe deems appropriate, including for educational, cultural andlor
historic purposes.
15. Native American human remains are defined in PRC 5097.98 (d)(1) as an inhumation
or cremation, and in any state of decomposition or skeletal completeness. Funerary
objects, called associated grave goods in Public Resources Code Section 5097.98, are
also to be treated according to this statute.
01-17-23
-147
12-131
Planning Commission Resolution No. PC2024-008
Pacie 24 of 24
16. If Native American human remains andlor grave goods are discovered or recognized on
the project site, then Public Resource Code 5097.9 as well as Health and Safety Code
Section 7050.5 shall be followed.
17. Human remains and gravelburial goods shall be treated alike per California Public
Resources Code section 5097.98(d)(1) and (2).
18.Preservation in place (i.e., avoidance) is the preferred manner of treatment for
discovered human remains andlor burial goods.
19.Any discovery of human remainslburial goods shall be kept confidential to prevent
further disturbance.
20.A copy of the Resolution, including conditions of approval Exhibit "A" shall be
incorporated into the Building Division and field sets of plans before issuance of the
building permits.
21I.Should the property be sold or otherwise come under different ownership, any future
owners or assignees shall be notified of the conditions of this approval by either the
current business owner, property owner or leasing agent.
22.To the fullest extent permitted by law, the applicant shall indemnify, defend and hold
harmless the City, its City Council, its boards and commissions, officials, officers,
employees, and agents from and against any claims, demands, obligations, damages,
actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs, and
expenses (including without limitation, attorney's fees, disbursements, and court costs) of
every kind and nature whatsoever which may arise from or in any manner relate (directly
or indirectly) to City's approval of the Residences at 1600 Dove Street including, but not
limited to, General Plan Amendment, Affordable Housing Implementation Plan,
Development Agreement, Addendum to the 2006 General Plan Update Program
Environmental Impact Report, and Traffic Study, (PA2022-0297). This indemnification
shall include, but not be limited to, damages awarded against the City, if any, costs of suit,
attorney's fees, and other expenses incurred in connection with such claim, action, causes
of action, suit, or proceeding whether incurred by the applicant, City, and/or the parties
initiating or bringing the such proceeding. The applicant shall indemnify the City for all the
City's, costs, attorneys' fees, and damages that which City incurs in enforcing the
indemnification provisions outlined in this condition. The applicant shall pay to the City
upon demand any amount owed to the City under the indemnification requirements
prescribed in this condition.
01-17-23
-142
12-132
Attachment No. 14
Noise, Height, and AELUP Consistency
Analysis
12-133
Proposed Amendment
The City of Newport Beach 'is amending the General Plan Land Use Element to add 49 dwelling units
to the subject property, above the Current General Plan allowance for the Airport Area to
accommodate forthe future development of a 282-unit residential rental project located at 1600 Dove
Street. The property has a General P�an designation of MU-H2 (Mixed Use Horizontal 2), and is located
within the Residential Overlay of Planned Community PC-11 (Newport Place) Zoning District where
multiple -family residential development is allowed. Additional detailed analysis for the project is
provided in the May 23, 2024 Planning Commission Staff Report (Attachment No. 12 of the ALUC
submittal package).
No specific design forthe project is included in this application; and therefore, futuresite development
review by the Newport Beach Planning Commission would be required prior to building permit
issuance.
Community Noise Equivalent Levels (CNEL) Compatibility
The proposed project is located within the 60 dBA CNEL as shown in Figure NS of the Noise Element
of the General Plan and ALEUP Noise contours map, which are included as Attachment Nos. 7 and 8 of
the ALUC submittal package. As discussed in AELUP Subsection 3.2.4 (Noise Impact Zone "2" —
Moderate Noise Impact [60 dB CNEL or greater, less than 65 clB CNEQ), residential units are normally
consistent with conventional construction methods used and no special noise reduction requirements
a re requ ired. Table 1 (Airport Land U se Com missio n fo r Ora nge Cou nty Ai rport Environs La nd Use PI an
Limitations on Land Use Due to Noise) of the AELUP is 'included below for reference.
12-134
TABLF I
AIRPORT LAND U81"COMMISSiONroR, oRAN(jE couNTY
AIRPORT ENVIRONS LAND qSE, PLAN
LIM ITATIONS ON LAND USEDUP. TO NOISE
(Applicable to Aircraft Noise Sources)
COMMUNITY NOISK EQUIVALENT LEVEL (10
55 60 65 70 75 80
LAND USE CATEGORY
Residential (till types):
Single and Multi6Faniily Residences
Churches, Libraries, $chools,
Preschools, Day -Care Contom,
I-lospitals, Nursing/Convalescent
Homes, & Other noise sensitive uses
comme W:
Retail, Office
IndustriaL,
NORMAUY CONSISTEW
Conventional construction methods used. No special noise reduction requirements.
CONDITIONALLY CONSISTENT
Must we sound tit terivation its required by the Cali rornialloiso Insulation Standards,
Titio25,citifortiiavoaeorRegul,,ttions. RLsidontinitisesouiidattenuittionreqtilred i
to ensure that the interior CNEL does not exceed 45 dB. Commercial and industrial
structij res shall be, sound attenuated to meet Noise I rnpacL Zono " I " criteria (re rer 10
Section 3,211
NOWALLY INCONSfSTHNT
All rciidontialurbts tire inconsistent unless are sound attenuated to ensure that the
interior CNK does not excecd 45 d% and that all units are indoor oriented so as to
preclude noise impingement on outdoor I iving areas.
12-135
For any residential sites and uses within Noise Impact Zone 'T' the City requires future development to
be consistent with the AELILIP considerations and the City's noise -related General Plan policies and
development standards as listed below to ensure compatibility.
General Plan Policies
Policy LU 6.15.3 Airport Compatibility. Require that all
Consistent: The Project is a seven -story apartment
development be constructed in conformance with the
development with podium level amenity space, a leasing
height restrictions set forth by the Federal Aviation
office, potential roof -top common space, and parking
Administration (FAA), Federal Aviation Regulations
within an on -grade parking garage with two and a half
(FAR) Part 77, and Caltrans Division of Aeronautics, and
levels of subterranean parking. The Project site 'is in Safety
that residential development shall be allowed only on
Zone 6 of the JWA AELUP, the FAR Part 77 Obstruction
parcels with noise levels of less than the John Wayne
Airport 65 dBA CNEL noise contour area as shown In
Imaginary Surface Zone, and the FAR Part 77 Notification
Figure N5 of the Noise Element of the General Plan,
Area. The building is proposed to be approximately 100
unless and until the City determines, based on
feet high, measured from the established grade to the top
substantial evidence, that the sites whollywithin the 65
of the rooftop parapet, which is consistent with the
dBA CNEL noise contourshown in Figure N5 are needed
allowable uses under the AELUP Safety Zone 6 and is
for the City to satisfy its Sixth Cycle RHNA mandate.
under the 200 feet height limit for the AELUP and for FAA
Nonresidential uses are, however, encouraged on
Part 77 notification. Therefore, the Project would not
parcels located wholly within the 65 dBA CNEL contour
e-xceed obstruction standards and would not be a hazard
area.
to air navigation.
Further, the Project site is outside of the 65 dBA CNEL
noise contour identified by the City of Newport Beach for
JWA as set forth in the 2014 JWA Settlement Agreement
Amendment EIR No. 617 as well as the AELUP. Therefore,
the Project is consistent with the land use and noise -
related policies of the General Plan including LU 6.15.3
Policy N 1.1 Noise Compatibility of New
Consistent: The Project site is outside of the 65 dBA CNEL
Development. Require that all proposed projects
noise contour identified by the City of Newport Beach for
are compatible with the noise environment
JWA as set forth in the 2014 JWA Settlement Agreement
through use of Table N2 and enforce the interior
Amendment EIR No. 617 and the AELUP. General Plan
and exterior noise standards shown in Table N3.
Noise Element Table N2 characterizes residential
development as "normally compatible" up to 65 dBA. The
Addendum noise analysis demonstrates that the Project
would comply with the requirements as outlined in the
City's Noise Ordinance.
Policy N 1.2 Noise Exposure Verification for New
Consistent: On -site noise impacts are evaluated in Section
Development. Applicants for proposed
3.13, Noise, of the CEQA Addendum. As indicated above,
residential or mixed -use projects located in areas
the Project site is outside of the 65 dBA CNEL for JWA and
projected to be exposed to 65-70 dBA CNEL or .
the AELUP. Additionally, the Project site is outside of the
greater, as shown on Figure N5 must conduct a
60 dBA CNEL noise contours developed for roadway noise
noise study to provide evidence that the depicted
exposure within the Noise Element of the General Plan.
noise contours do not adequately account for
For additional detail, please see response to Policy N 1.8,
local noise exposure circumstances due to such
below.
factors as, topography, variation in traffic speeds,
and other applicable conditions. These findings
shall be used to determine the level of exterior or
nterior, noi e attenuation needed to attain an
acceptable noise exposure level and the
feasibility of such mitigation when other planning
12-136
considerations are taken into account consistent
with Title 21 of the California Code of
Regulations.
Policy N 2.1 New Development. Require that
Consistent: The Project site is outside of the 65 dBA CNEL
proposed noise -sensitive uses in areas of 60 dBA
noise contour identified by the City of Newport Beach for
and greater, as determined the analyses
JWA as set forth in the 2014 JWA Settlement Agreement
stipulated by Policy N1.1, demonstrate that they
Amendment EIR No. 617 and the AELUP. General Plan
meet interior and exterior noise levels.
Noise Element Table N2 characterizes residential
development as "normally compatible" up to 65 dBA. The
Project would comply with the requirements as outlined in
the NBIVIC and the City's Noise Ordinance.
Policy IN 2.2 Design of Sensitive Land uses.
Consistent: Based on standard attenuation rates, interior
Require the use of walls, berms, interior noise
noise levels would not exceed noise levels set forth in
insulation, double -paned windows, advanced
General Plan Policy N2.2. Because the Project is in an area
insulation systems, or other noise mitigation
which is below the 65 dBA CNEL noise contours for both
measures, as appropriate, In the design of new
roadways and aircraft, the interior noise level limits can be
residential developments to attenuate noise
met with standard construction designs. To address the
levels to not exceed 45 dBA CNEL interior. Other
potential for activity or sleep disturbance from single -
new noise -sensitive land uses that are adjacent
event aircraft flyovers the Project will comply with
to major arterials and located proximate to John
Standard Policies related to building design.
Wayne Airport (e.g., infill residential) and within
the 65-70 dBA CNEL noise contour area are
required to be indoor -oriented to reduce noise
impacts on outdoor living or recreational areas.
Application of the Noise Standards in Table N2
shall govern this requirement.
Policy N 3.1 New Development. Ensure new
Consistent: The Project site is wholly outside of the
development is compatible with the noise
existing and future 65 dBA CNEL noise contour identified
environment proximate to John Wayne Airport
by the City of Newport Beach for JWA as set forth in the
by not allowing residential units on parcels
2014 John Wayne Airport Settlement Agreement
located wholly within the John Wayne Airport 65
Amendment EIR No. 617 and the AELUP. The Project
dBA CNEL noise contour, as shown in Figure N5
would comply with the requirements as outlined In the
of the Noise Element of the General Plan, unless
NBIVIC and the City's Noise Ordinance.
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 Residential Development. Require
Consistent: The Project site is wholly outside the existing
that residential development proximate to John
and future 65 dBA CNEL noise contour. The Applicant
Wayne Airport shall not be located on parcels
would be required to notify prospective tenants of aircraft
wholly within the John Wayne Airport 65 dBA
noise and require signage notifying users regarding the
CNEL noise contour shown in Figure N5 of the
proximity to JWA and operating aircraft noise.
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
o resi ential or mixed -use land uses with a
residential component to notify prospective
purchasers or tenants of aircraft noise,
12-137
Additionally, require outdoor common areas or
recreational areas of residential or mixed -used
developments to be posted with signs notifying
users regarding the proximity to John Wayne
Airport and the presence of operating aircraft
and noise.
Newport Place Planned Community (PC-11) — Development Plan
Part 111. Residential Overlay Zone, Section V.D.1 (Airport Noise Compatibility)
D. Airport Noise Compatibility
1. Residential development shall be located up to the John Wayne Airport 65 dBA CNEL noise
contour as shown in Figure N5 of the Noise Element of the General Plan, subject to compliance with
Section 20.30.080.F (Residential Use Proximate to John Wayne Airport) of the Newport Beach
Municipal Code. Residential development shall be limited to parcels wholly or partially outside the 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 6th Cycle RHNA mandate.
Non-residential uses are encouraged on parcels located wholly within the 65 dBA CNEL contour area.
2. Notice of aircraft overflight and noise shall be posted at all public parks and designated
outdoor common and recreational areas.
3. Notice shall be provided to all future residents to inform of potential annoyances or
inconveniences associated with residing in proximity to airport operations such as noise, vibration, and
odors.
Newport Beach Municipal Code Section 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 2014
John 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 bui1cling permits for such development, a noise study shall be
prepared by a City -approved qualified acoustical consultant and submitted to the Community
Development Director for 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;
12-138
3. The design of the residential portions of mixed -use projects and resid-ential developments
shall 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 walls, berms, interior noise insulation, double -paned windows, advance insulation
systems, or other noise mitigation measures as deemed appropriate shall be Incorpo,rated in th-e
design of new residential to bring interior sound attenuation to 45 dBA CNEL or less,
6. Residential uses shall be incloor-orlented 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.; and
8, Advanced air filtration systems for buildings shall be cornsidered to promote cleaner air.
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 s-ubstantial 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 mfithin th-e
65, dBA CNEL contour area.
G. Mitigation of Impacts. Noise mitigation measures maybe required in conju.nction with the -approval
of an application for new development when a significant noise impact is id-entifled,
TABLE 3-2
SIGNIFICANT NOISE INCREASE
CNEL (dBA)
dBA Increase
55
3
60
2
65
1
70
1
Over 75
Any increase is considered
significant
H. Dedications of avigation easements in favor of the County of Orange may be�requlrecl when noise
sensitive uses are proposed in the JWA Planning Area, as established in thejWA AELUP.
12-139
Safety Compatibility
As provided in Appendix D of the AELUP, Table 9B (Safety Compatibility Qualities), residential uses are
allowed in Safety Zone 6. The proposed project is located within John Wayne Airport SafetyZone 6, and
an exhibit is included as Attachment No. 9 in the ALUC submittal package.
Zone & Traffic Pattern Zone
Risk Facturs i Rumvay Pmwrvry
b- Generaltv lcm, 44hcod of &rAdL&nl occurrer<e at rnosi
airpoTls. risk concern pr-marily t� willh Lm-s !or *IhO
potential con"uiences are sewry
Basic (OrnirmOnl4ty Quahhe5
* Allmv uses
AII(m mosl non(esodenual um, pirohibil outdoor stadiums,
and win6ar uses voth v" 1119h IntemlITM
,j� Zone r-Oudes all other Port�ons oi reclOas ttaffic pal. x,. Avoid childfen'� whools, 18W day c4fe cenvers, howtais,
1prni and pattern entry rout(,s F,tir-.,r-g hornes
12-140
Height Restriction Zones
The proposed building height for the project is 100 feet above ground level, or 154 feet above mean
sea level. A letter from the FAA determining no hazard to air navigation has been provided as
Attachment No.S of the ALUC submittal package. The project site is identified as a Housing Inventory
Site 80, shown 'in Figure B-3 of the Housing Element that displays the capacity and opportunity within
the Airport Area to help accommodate a portion of the City's Regional Housing needs. The majority of
the newly identified housing opportunity sites will need to be rezoned to accommodate residential
development at later date, As part of that rezoning, height limitations will be developed and applied.
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
comprehensive updates to the Land Use Element and rezoning will be subject to future Airport Land
Use Commission (ALUC) review, consistent with Public Utilities Code Section 21676.
Links to Existing General Plon and Zoning District:
General Plan: https://newportbeachca.gov/government/depa;-tments/community
developi-nent/planniiig-division/geiieral-plan-codes-and-regLilationsZgeneral-plan
Zoning District (PC-11: Newport Place Planned Community):
https:l/www.newportbeachca.gov/PLN/MAP DOCUMENTS/PC TEXT/PC 11 Newport -Place_-_pc!
12-141
Conceptual Plans
12-142
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REPRESENTATIVE ELIVATIDIS
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Attachment F
June 25, 2024 ALLIC Determination Letter
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ORANGEICOUNTY
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June 25, 2024
AIIZPOIZT LAND USE COMMISSION
F 0 R ORANGE COUNTY
3160 Airway Avenue - Costa Mesa, California 92626 - 949.2S2.SI70 fax: 949.2S2.6012
Liz Westmoreland, Senior Planner
City of Newport Beach Community Development
100 Civic Center Drive
Newport Beach, CA 92660
Subject: ALUC Determination for the Residences at 1600 Dove Street - City of Newport
Beach General Plan (Land Use) Amendment
Dear Ms. Westmoreland:
During the public meeting held on June 20, 2024, the Airport Land Use Commission (ALUC) for
Orange County considered the subject item. The matter was duly discussed, and with a 6-0 vote
(Bresnahan, Monin, Murphy, Beverburg, Sustarsic, Klema), the Commission found the
Residences at 1600 Dove Street - City of Newport Beach General Plan (Land Use) Amendment
to be Inconsistent with the Airport Environs Land Use Planfor John Wayne Airport (AELUPfor
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."
3. 3.2.1 General Policy (in pertinent part): "Within the boundaries of the AELUP, any land
use may be found to be Inconsistent with the AELUP which: (1) Places people so that
they are affected adversely by aircraft noise, [or] (2) Concentrates people in areas
susceptible to aircraft accidents..."
You may contact us at (949) 252-5170 or at jfitchgocair.com if you have any questions
regarding this proceeding.
Sincerely,
Julie Fitch
Executive Officer
cc: ALUC
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