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HomeMy WebLinkAbout12 - Notice of Intent to Override OC Airport Land Use Commission's Determination of Inconsistency for an Amendment to the Housing Opportunity (HO) Overlay Zoning and Coastal Zoning Districts (PA2024-0205)Q �EwPpRT c 9C/FOR TO: FROM: CITY OF NEWPORT BEACH City Council Staff Report April 15, 2025 Agenda Item No. 12 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL Seimone Jurjis, Assistant City Manager/Community Development Director - 949-644-3232, sjurjis@newportbeachca.gov PREPARED BY: Rosalinh Ung, Principal Planner - 949-644-3208, rung@newportbeach.gov Benjamin M. Zdeba, AICP, Planning Manager - 949-644-3253, bzdeba@newportbeachca.gov TITLE: Resolution No. 2025-13: Notice of Intent to Override Orange County Airport Land Use Commission's Determination of Inconsistency for an Amendment to the Housing Opportunity (HO) Overlay Zoning and Coastal Zoning Districts (PA2024-0205) ABSTRACT: Consistent with City Council Resolution No. 2024-85, which was adopted on November 19, 2024, City of Newport Beach staff has been working on an amendment to the Housing Opportunity (HO) Overlay Zoning and Coastal Zoning Districts in Title 20 (Planning and Zoning) and Title 21 (Local Coastal Program Implementation Plan) of the Newport Beach Municipal Code (NBMC) (Amendment). Due to nine affected properties being located within the John Wayne Airport (JWA) Notification Area, the City is required to submit the Amendment to the Orange County Airport Land Use Commission (ALUC) for a consistency determination with the JWA Airport Environs Land Use Plan (AELUP) pursuant to Section 4.3 of the AELUP and Section 21676(b) of the California Public Utilities Code (CPUC). The ALUC conducted a hearing on the matter on February 20, 2025, and continued it to March 20, 2025, when it found the Amendment to be inconsistent with the AELUP. For the City Council's consideration is a recommendation to override the ALUC's finding of inconsistency. This action would authorize staff to formally provide notice, pursuant to CPUC Section 21676(b), to the ALUC and the State Department of Transportation, Aeronautics Program, of the City's intention to override the 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 12-1 Resolution No. 2025-13: Notice of Intent to Override Orange County Airport Land Use Commission's Determination of Inconsistency for an Amendment to the Housing Opportunity (HO) Overlay Zoning and Coastal Zoning Districts (PA2024-0205) April 15, 2025 Page 2 c) Adopt Resolution No. 2025-13, 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 Amendment to Section 20.28.050 (Housing Opportunity (HO) Overlay Zoning Districts) and Pending Section 21.28.070 (Housing Opportunity (HO) Overlay Coastal Zoning Districts) of the Newport Beach Municipal Code Related to the Implementation of the Housing Element is Consistent with the 2008 John Wayne Airport Environs Land Use Plan (PA2024-0205). DISCUSSION: On September 24, 2024, the City Council adopted Ordinance No. 2024-16, approving an amendment to Title 20 (Planning and Zoning) of the NBMC, to establish the Housing Opportunity (HO) Overlay Zoning Districts in Section 20.28.050 Housing Opportunity (HO) Overlay Zoning Districts]. The City Council also adopted Ordinance No. 2024-17 to create multi -unit objective design standards in Section 20.48.185 (Multi -Unit Objective Design Standards). The new sections serve to implement Policy Actions 1A through 1G and 3A in the General Plan 6t" Cycle Housing Element (Housing Element). The adoption of these ordinances provided new housing opportunities within five subareas to ensure the City can meet its 6t" Cycle Regional Housing Needs Assessment (RHNA) allocation: Airport Area Environs Area (HO-1), West Newport Mesa Area (HO-2), Dover-Westcliff Area (HO-3), Newport Center Area (HO-4), and Coyote Canyon Area (HO-5). These subareas correspond directly to the Focus Areas identified in Appendix B (Adequate Sites Analysis) of the Housing Element. Properties identified within these subareas are eligible for special development allowances intended to be conducive to residential development at the prescribed average density of 20 to 50 dwelling units per acre (du/ac). Additionally, the ordinances created multi -unit objective design standards and development standards, which include but are not limited to minimum lot area, setbacks, height, open space, landscaping, and parking. On July 23, 2024, alongside the introduction of Ordinance No. 2024-16, the City Council adopted Resolution No. 2024-52, authorizing the submittal of the corresponding Local Coastal Program Amendment (LCPA) to the California Coastal Commission (CCC) to amend the City's Coastal Land Use Plan and Title 21 (Local Coastal Program Implementation Plan) of the NBMC. The LCPA would establish the Housing Opportunity (HO) Overlay Coastal Zoning Districts and their corresponding development standards applicable to properties located within the Coastal Zone of the City to implement the Housing Element. The City filed the LCPA application on August 16, 2024, and received its notice of complete filing on January 7, 2025. The LCPA will be scheduled for a CCC public hearing for consideration. 12-2 Resolution No. 2025-13: Notice of Intent to Override Orange County Airport Land Use Commission's Determination of Inconsistency for an Amendment to the Housing Opportunity (HO) Overlay Zoning and Coastal Zoning Districts (PA2024-0205) April 15, 2025 Page 3 On November 19, 2024, the City Council adopted Resolution No. 2024-85, initiating an amendment to Section 20.28.050 in Title 20 and the pending complementary section in Title 21 of the NBMC, to review and make possible adjustments to certain development standards, including but not limited to building height limits. Proposed Amendment Table 2-16 (Development Standards for Housing Opportunity Overlay Zones) of Section 20.28.050 in Title 20 identifies that heights within the HO-4 Subarea are limited to those in the underlying base zoning district. Given the variety of zoning districts, maximum height limits range as high as 300 feet and as low as 32 feet. Due to the lower base height limits, an adjustment to allowable building heights is necessary to accommodate residential developments within the intended prescribed density range of 20 to 50 dwelling units per acre. It should be emphasized that there are no changes proposed to the Newport Center Sight Plane, as established by Ordinance Nos. 1371, 1596, 83-27, and 91-97, which serves to maintain residential views across the southeasterly quadrant of Newport Center. Table 1 below summarizes the locations and proposed specified heights for potential housing sites taking advantage of the HO Overlay Zoning Districts along with their existing allowed base heights. Table 1. H04 nronerties with nronosed heiaht increase Location Description Newport Beach Tennis Club in Eastbluff Base Heights 32 feet Proposed Height 32 feet' AT&T Switching Station on Ford Road 32 feet 48 feet2 St. Michael's and All Angels Church/Newport Center United Methodist 32 feet 50 feet (flat)2 55 feet (sloped) Armstrong Gardens, Newport Beach Country Club's surface parking lot, maintenance yard, and tennis courts 32 feet, 50 feet 70 feet Northern portion of Corporate Plaza outside the Newport Center Sight Plane 32 feet 70 feet 100 Block Newport Center 32 feet, 50 feet 85 feet Underutilized parking structure 65 feet 85 feet Chase bank 32 feet 110 feet Newport Beach Country Club golf course portion 50 feet 110 feet Southern portion of 200 Block Newport Center excepting Regal Edwards Big Newport site 32 feet 150 feet 300 Block Newport Center and Regal Edwards Big Newport Site 32 feet 270 feet 1 This site is in a well -established neighborhood in Eastbluff where anything higher than the base height limit would likely not be compatible with surrounding development. Limiting the height to 32 feet eliminates the potential to seek a site development review to increase the height and further encourages a lower density of 20 dwelling units per acre for neighborhood compatibility. 2 These sites have been included as part of the Planning Commission's review and recommendation of the Amendment, which is discussed under the "Planning Commission Review and Recommendation" header below. 12-3 Resolution No. 2025-13: Notice of Intent to Override Orange County Airport Land Use Commission's Determination of Inconsistency for an Amendment to the Housing Opportunity (HO) Overlay Zoning and Coastal Zoning Districts (PA2024-0205) April 15, 2025 Page 4 Allocating Units to City -Owned Properties The proposed Amendment would also allocate dwelling units from the development limits of HO-1 and HO-4 Subareas to one City -owned property within each subarea. The City acquired real property at 1201 Dove Street in 2023 with the intention of potentially redeveloping it in the future as the new headquarters for the Newport Beach Police Department (NBPD); however, alternative uses for the site are possible. Of the 2,577-unit development limit in HO-1, a total of 179 units (50 du/ac) would be allocated to Site ID No. 77 (1201 Dove Street) from the Housing Element Sites Inventory. This gives the City flexibility on the final use in the future. Newport Beach Fire Station No. 3 and the NBPD's headquarters are currently located at 868 and 870 Santa Barbara Drive, respectively. Both sites are City -controlled and have the potential for redevelopment with housing projects within the Housing Element's planning period. Of the 2,439-unit development limit in HO-4, a total of 199 units (50 du/ac) would be allocated to Site ID No. 362 (868 and 870 Santa Barbara Drive) from the Housing Element Sites Inventory. Title 20 (Planning and Zoning) Amendment Table 2-16 of Section 20.28.050 in Title 20 would be amended as illustrated in the redlined version below (all other information in the table and footnotes would remain the same): TABLE 2-16 DEVELOPMENT STANDARDS FORHOUSING OPPORTUNITY OVERLAY ZONES Housing Opportunity Subareas HO-1 HO-2 HO-3 HO-4 HO-5 HO-6 Development Feature Development Limit 2,577 1,107 521 2,439 1,530 N/A (units)(') Height Per Base 65 ft. 65 ft.(') Per Base 65 ft. All Zone Zone Standards unless unless Per Base otherwise otherwise Zone identified identified on the on the map map(') (11) Of the 2,577 base development units, 179 units (50 du/ac) shall be allocated to Site ID No. 77 (1201 Dove Street) from the 6t" Cycle Housing Element Sites Inventory. (12) Of the 2,439 base development units for H04, 199 units (50 du/ac) shall be allocated to Site ID No. 362 (868 and 870 Santa Barbara Drive) from the 61" Cycle Housing Element Sites Inventory. 12-4 Resolution No. 2025-13: Notice of Intent to Override Orange County Airport Land Use Commission's Determination of Inconsistency for an Amendment to the Housing Opportunity (HO) Overlay Zoning and Coastal Zoning Districts (PA2024-0205) April 15, 2025 Page 5 Title 21 (Local Coastal Program Implementation Plan) Amendment For those properties located in the Coastal Zone, the proposed amendment to Table 21.28-1 and updated or added maps to Section 21.80.032 in Title 21 would mirror proposed changes as proposed to Table 2-16 and Section 20.80.25 in Title 20. Planning Commission Review and Recommendation On January 23, 2025, the Planning Commission considered the Amendment. Four members of the public addressed the Planning Commission, including a representative from Saint Michael and All Angels Church requesting the inclusion of Site ID No. 147 in the height limitation adjustments for HO-4 Subarea. The Planning Commission also received written comments, including one from the property owner of Site ID No. 141 requesting its inclusion in the height limitation adjustments for HO-4 Subarea. At the conclusion of the public hearing, the Planning Commission adopted Resolution No. PC2025-004 by a unanimous vote of (5 ayes and 1 recused) recommending the City Council approve the Amendment with inclusion of Site ID Nos. 146 and 147 with a maximum height limit of 50 feet (flat) and 55 feet (sloped) and Site ID No. 141 with a maximum height limit of 48 feet. The January 23, 2025, Planning Commission staff report, Planning Commission minutes excerpts, and Planning Commission Resolution No. PC2025-004 are included in this staff report as Attachments B, C and D, respectively. Airport Land Use Commission Review Section 4.3 of the AELUP and Section 21676(b) of the California Public Utilities Code require the City to submit General Plan and Zoning Code amendments to the ALUC for a consistency determination with the AELUP. On February 20, 2025, the ALUC conducted a public hearing on the Amendment and after two failed motions, the ALUC continued the matter to its March 20, 2025, meeting by a unanimous vote (5 ayes, 0 nays). On March 20, 2025, the ALUC conducted a second public hearing on the Amendment and after one failed motion, the ALUC determined (5 ayes and 1 nay) the Amendment is inconsistent with the AELUP. The February 20 and March 20, 2025, ALUC staff reports are included as Attachments E and F, and the ALUC inconsistency determination letter is included as Attachment G. It is notable that for both staff reports, ALUC staff recommended the ALUC make the determination that the Amendment is consistent with the AELUP. ALUC Override Process As a final review authority on legislative acts, the City Council may choose to override the ALUC's determination by following a two-step process, which is established in CPUC 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 the ALUC and State Department of Transportation, Aeronautics Program to provide formal notification of the City's intent. 12-5 Resolution No. 2025-13: Notice of Intent to Override Orange County Airport Land Use Commission's Determination of Inconsistency for an Amendment to the Housing Opportunity (HO) Overlay Zoning and Coastal Zoning Districts (PA2024-0205) April 15, 2025 Page 6 The second step in the process is that not less than 45 days after notification has been sent to the ALUC and State Department of Transportation, Aeronautics Program, the City Council may conduct a second public hearing to consider adopting a resolution to override the ALUC. At this time, the Council may also consider the Amendment and take final action on the application. The following points are important to consider: • The City Council's adoption of the attached notification resolution does not constitute approval of the Amendment, nor does it predispose the City Council's future action on either the Amendment or the consistency determination; • The attached resolution notifying the ALUC and the State Department of Transportation, Aeronautics Program of the City's intent, and the resolution to overrule the ALUC, which will be presented at a future hearing, must be adopted by a two- thirds majority vote. Since there are seven City Council members, five affirmative votes are needed to pass the resolution; • 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. The ALUC would need to place an item on one of its future agendas to consider deeming the City an inconsistent agency; and • CPUC Section 21678 states that if the City overrides the 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. The draft resolution provided as Attachment A to this report includes a preliminary analysis of the Amendment's consistency with the AELUP. FISCAL IMPACT: There is no fiscal impact related to this item. ENVIRONMENTAL REVIEW: Final action on the Amendment is not being considered at this time. A complete environmental analysis of the Amendment is contained in the attached January 23, 2025 Planning Commission Staff Report for which a consistency analysis to the previously certified Final Program Environmental Impact Report (PEIR) identified by State Clearinghouse Number (SCH No.) 2023060699 is being proposed. The consistency analysis determined that the Amendment is consistent with the Housing Element and within the scope of PEIR. Under State CEQA Guidelines Sections 15162 and 15164, no additional environmental review is required. 12-6 Resolution No. 2025-13: Notice of Intent to Override Orange County Airport Land Use Commission's Determination of Inconsistency for an Amendment to the Housing Opportunity (HO) Overlay Zoning and Coastal Zoning Districts (PA2024-0205) April 15, 2025 Page 7 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 future development of any property within the Amendment's area or commit the City to approve the Amendment. Potential project impacts will be analyzed when the City Council considers a project. NOTICING: Notice of this hearing was published in the Daily Pilot in a one -eighth -page format at least 10 days before the scheduled meeting, consistent with Section 20.62.020(B)(2)(c) of the NBMC. Additionally, the item appeared on the agenda for this meeting, which was posted at City Hall and on the City website. ATTACHMENTS: Attachment A — Resolution No. 2025-13 Intent to Override ALUC's Determination Attachment B — Planning Commission Staff Report, dated January 23, 2025 (No Attachments) Attachment C — Planning Commission Minute Excerpts, dated January 23, 2025 Attachment D — Planning Commission Resolution No. PC2025-004 Attachment E — ALUC Staff Report, dated February 20, 2025 (No Attachments) Attachment F — ALUC Staff Report, dated March 20, 2025 Attachment G — ALUC Determination Letter, dated March 21, 2025 12-7 Attachment A Resolution No. 2025-13 Intent to Override ALUC's Determination 12-8 RESOLUTION NO. 2025-13 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 AMENDMENT TO SECTION 20.28.050 (HOUSING OPPORTUNITY (HO) OVERLAY ZONING DISTRICTS) AND PENDING SECTION 21.28.070 (HOUSING OPPORTUNITY (HO) OVERLAY COASTAL .ZONING DISTRICTS) OF THE NEWPORT BEACH MUNICIPAL CODE RELATED TO THE IMPLEMENTATION OF THE HOUSING ELEMENT IS CONSISTENT WITH THE 2008 JOHN WAYNE AIRPORT ENVIRONS LAND USE PLAN (PA2024-0205) WHEREAS, Section 200 of the City of Newport Beach ("City") Charter vests the City Council with the authority to make and enforce all laws, rules, and regulations with respect to municipal affairs subject only to the restrictions and limitations contained in the Charter and the State Constitution, and the power to exercise, or act pursuant to any and all rights, powers, and privileges, or procedures granted or prescribed by any law of the State of California; WHEREAS, the City Council adopted Ordinance Nos. 2024-16 and 2024-17 on September 24, 2024, amending Title 20 (Planning and Zoning) of the Newport Beach Municipal Code ("NBMC"), to establish the Housing Opportunity (HO) Overlay Zoning Districts in Section 20.28.050 (Housing Opportunity (HO) Overlay Zoning Districts)_ and to create multi -unit objective design standards in Section 20.48.185 (Multi -Unit Objective Design Standards) to implement Policy Actions 1A through 1G and 3A in the General Plan 6th Cycle Housing Element ("Housing Element"); WHEREAS, Section 20.28.050 (Housing Opportunity (HO) Overlay Zoning Districts) of the NBMC allows for new housing opportunities within five subareas consisting of the Airport Area Environs Area (HO-1), West Newport Mesa Area (HO-2), Dover-Westcliff Area (HO-3), Newport Center Area (HO-4), and Coyote Canyon Area (HO-5) to accommodates the City's 6th Cycle Regional Housing Needs Assessment ("RHNA") allocation; 12-9 Resolution No. 2025- Page 2 of 7 WHEREAS, properties identified within these subareas are eligible for specified development allowances conducive to residential development at the prescribed average density of 20 to 50 dwelling units per acre along with minimum lot area, setback, height, open space, landscaping, and parking development standards; WHEREAS, the City Council also adopted Resolution No. 2024-52 on July 23, 2024, authorizing submittal of the Local Coastal Program Amendment ("LCPA") to the California Coastal Commission ("CCC") amending the City's Coastal Land Use Plan and Title 21 (Local Coastal Program Implementation Plan) of the NBMC and establishing the Housing Opportunity (HO) Overlay Coastal Zoning Districts and their corresponding development standards applicable to properties located within the Coastal Zone of the city to implement the Housing Element; WHEREAS, the City filed the LCPA application with the CCC on August 16, 2024, and received a letter from CCC staff on January 7, 2025, confirming the City's application is complete and pending a hearing date; WHEREAS, the City Council adopted Resolution No. 2024-85 on November 19, 2024, initiating an amendment to Section 20.28.050 (Housing Opportunity (HO) Overlay Zoning Districts) of the NBMC and the pending complementary amendments in Title 21 (Local Coastal Program Implementation Plan) of the NBMC, to adjust certain development standards, including but not limited to, building height limits specified in Table 2-16 (Development Standards for Housing Opportunity Overlay Zones) of Section 20.28.050 (Housing Opportunity (HO) Overlay Zoning Districts) and pending Table 21.28- 1 (Development Standards for Housing Opportunity Overlay Zones) of Section 21.28.070 of the NBMC; WHEREAS, an amendment to Table 2-16 of Section 20.28.050 (Housing Opportunity (HO) Overlay Zoning Districts) and pending Table 21.28-1 of the NBMC is necessary to adjust the height limitations of certain properties within the Newport Center Area (HO-4) to accommodate potential residential development with the intended prescribed density range, and to identify a certain number of units being allocated from the respective development limits for a selected group of City -owned properties located within Airport Area Environs Area (HO-1) and Newport Center Area (HO-4) ("Amendment"); WHEREAS, the Amendment includes a revision to the Housing Opportunity Overlay District Maps in Section 20.80.025 and pending Section 21.80.035 of the NBMC; 12-10 Resolution No. 2025- Page 3 of 7 WHEREAS, the Planning Commission held a public hearing on January 23, 2025, in the Council Chambers at 100 Civic Center Drive, Newport Beach, California to consider the Amendment. A notice of time, place and purpose of the public hearing was given in accordance with California Government Code Section 54950 et seq. ("Ralph M. Brown Act") and Chapters 20.62 (Public Hearings) and 21.62 (Public Hearings) of the NBMC. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this public hearing; WHEREAS, at the conclusion of the public hearing, the Planning Commission adopted Resolution No. PC2025-004 by a unanimous vote of (5 ayes, 1 recusal) recommending the City Council approve the Amendment; WHEREAS, eight of the 35 properties in Newport Center Area (HO-4) are within the John Wayne Airport ("JWA") Notification Area; however, none of the eight properties are located within any noise contour area or safety zones of the 2008 John Wayne Airport Environs Land Use Plan ("AELUP"); WHEREAS, the City -owned property at 1201 Dove Street in Airport Area Environs Area (HO-1) is located within Safety Zone 6 of the AELUP, 60 dBA CNEL noise contour of the AELUP, and 60 dBA CNEL noise contour of the City's Noise Element; WHEREAS, due to a portion of the properties being located within the JWA Notification Area, California Public Utilities Code ("CPUC") Section 21676(b) requires the City to refer the Amendment to the Orange County Airport Land Use Commission ("ALUC") to review for consistency with the AELUP; WHEREAS, on February 20, 2025, the ALUC conducted a public hearing on the Amendment and after two failed motions, the ALUC continued the Amendment to its March 20, 2025, meeting by a unanimous vote (5 ayes, 0 nays); WHEREAS, on March 20, 2025, the ALUC conducted a second public hearing on the Amendment and after one failed motion; the ALUC determined the Amendment is inconsistent with the AELUP (5 ayes, 1 nay); WHEREAS, pursuant to Sections 21670 and 21676 of the CPUC, the City Council may, after a public hearing, propose to overrule ALUC with a two-thirds vote, if it makes specific findings that the Amendment 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 12-11 Resolution No. 2025- Page 4 of 7 WHEREAS, a public hearing was held on April 15, 2025, by the City Council in the Council Chambers located at 100 Civic Center Drive, Newport Beach, California to consider the Amendment. A notice of time, place and purpose of the public hearing was given in accordance with the Ralph M. Brown Act, CPUC Section 21676(b), and Chapters 20.62 (Public Hearings) and 21.62 (Public Hearings) of the NBMC. Evidence, both written and oral, was presented to, and considered by, the City Council at this public hearing. NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: The City Council finds the Amendment is consistent with the purposes of Section 21670 of the CPUC and the AELUP of protecting the public health, safety, and welfare by ensuring the orderly expansion of airports and the adoption of land use measures that minimize the public's exposure to excessive noise and safety hazards within areas around public airports to the extent that these areas are not already devoted to incompatible uses. Findings and Facts in Support of Findings: A. The Amendment is consistent with the noise standards of the AELUP. The AELUP guides development proposals to provide for the orderly development of 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 is intended to protect the public from the adverse effects of aircraft noise, to ensure that people and facilities are not concentrated in areas susceptible to, aircraft accidents, and to ensure that no structures or activities adversely affect navigable airspace. Of the nine properties either wholly or partially within the JWA Notification Area, the City -owned site at 1201 Dove Street is the only one located within the AELUP's 60 dBA noise contour (Noise Impact Zone 2), and City's Noise Element 60 dB CNEL noise contour. The remaining eight properties are far removed from any identified noise impact zone. 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 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. Accordingly, residential units may 12-12 Resolution No. 2025- Page 5 of 7 be consistent with proper sound -attenuation and careful design considerations. For any residential sites and uses within Noise Impact Zone "2," the City will ensure future development is consistent with the AELUP considerations and the City's General Plan Land Use and Noise Element policies and the development standards specified in the NBMC to ensure compatibility. B. The Amendment is consistent with the safety standards of the AELUP. Of the nine properties either wholly or partially within the JWA Notification Area, the City -owned site at 1201 Dove Street is the only one located within the AELUP's Safety Zone 6, with the remaining eight being far removed from any safety zone. Section 2.1.2 (Safety Compatibility Zones) of the AELUP sets forth allowable land uses within each safety zone 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. Furthermore, 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." C. The Amendment is consistent with the height standards of the AELUP. All sites within the Housing Opportunity (HO) Overlay Zones are subject to the current heights allowed by the base zoning district unless otherwise identified on the associated zoning map for each Housing Opportunity (HO) subarea. No height increase is proposed within Airport Area Environs Area (HO-1), which is nearest to JWA. All height increases are proposed in Newport Center Area (HO-4). 12-13 Resolution No. 2025- Page 6 of 7 Furthermore, in no event will the City's rezoned height limits in Newport Center Area (HO-4) be inconsistent with the parameters outlined in Subsection 3.2.6 (Height Restriction Zone) of the AELUP and FAA standards. Section 2: Based on the foregoing findings, the City Council provides this notice of intention to overrule the ALUC' s determination that the Amendment is inconsistent with the AELUP. Section 3: The City Council hereby directs City staff to provide ALUC and State Department of Transportation, Aeronautics Program, with notice of the City's intention to overrule the ALUC' s determination that the Amendments are inconsistent with the AELUP. Section 4: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution. Section 5: If any section, subsection, sentence, clause or phrase of this resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this resolution. The City Council hereby declares that it would have passed this resolution, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that anyone or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. Section 6: The City Council finds the adoption of this resolution is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Specifically, the Amendment does not have the potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment because it is limited to the City's proposal to overrule the ALUC's determination and does not commit the City to approve the Amendment. Furthermore, the Amendment has been evaluated pursuant to CEQA and independently reviewed. All potential environmental effects for the Amendment have been adequately addressed in the previously certified Final Program Environmental Impact Report ("PEIR") (SCH No. 2023060699) which was done in compliance with the California Environmental Quality 12-14 Resolution No. 2025- Page 7 of 7 Act ("CEQA") as set forth in the Public Resources Code Section 21000 et seq., Title 14, Division 6, Chapter 3 of the California Code of Regulations ("CEQA Guidelines"), and City Council Policy K-3 (implementation Procedures for the California Environmental Quality Act) related to the 61h Cycle Housing Element Implementation involving amendments to the General Plan, Coastal Land Use Plan, Title 20 (Planning and Zoning) and Title 21 (Local Coastal Program Implementation Plan) of the NBMC. Lastly, the Amendment does not constitute substantial changes to the circumstances under which the project shall be undertaken that would result in new or more severe environmental impacts than previously addressed in the PEIR, nor has any new information regarding the potential for new or more severe significant environmental impacts been identified as detailed in the prepared CEQA Consistency Memorandum. 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 15th day of April, 2025. Joe Stapleton Mayor ATTEST: Leilani I. Brown City Clerk APPROVED AS TO FORM: CITY TTORNEY'S OFFICE Aaro C. Harp City Attorney 12-15 Attachment B January 23, 2025 Planning Commission Staff Report (No Attachments) 12-16 0.p0 R �. CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT r January 23, 2025 CIFOR��P Agenda Item No. 3 SUBJECT: Housing Opportunity (HO) Overlay Zoning and Coastal Zoning Districts Amendments (PA2024-0205) ■ Title 20 (Planning and Zoning) Amendment ■ Title 21 (Local Coastal Program Implementation Plan) Amendment SITE LOCATION: Airport Area Environs Area (HO-1) and Newport Center Area (HO-4) APPLICANT: City of Newport Beach Rosalinh Ung, Principal Planner PLANNERS: rungC@.newportbeachca.gov, 949-644-3208 Benjamin M. Zdeba, AICP, Planning Manager bzdeba(o)_newportbeachca.gov, 949-644-3253 PROJECT SUMMARY Amendments to Table 2-16 of Section 20.28.050 in Title 20 (Planning and Zoning) and pending Table 21.28-1 of Section 21.28.070 in Title 21 (Local Coastal Program Implementation Plan) of the Newport Beach Municipal Code (NBMC) to adjust the height limitations of certain properties within the Newport Center Area (HO-4) Subarea to accommodate potential residential development within the intended prescribed density range, and to identify a number of units being allocated from the respective development limits for a group of City -owned properties located within the Airport Area Environs Area (HO-1) and HO-4 Subareas. The corresponding Housing Opportunity Overlay District Maps in Section 20.80.025 and pending Section 21.80.032 would also be amended accordingly. RECOMMENDATION 1) Conduct a public hearing; 2) Find that all potential environmental effects for the amendments have been adequately addressed in the previously certified Final Program Environmental Impact Report (EIR) identified by State Clearinghouse Number (SCH No.) 2023060699, and the City of Newport Beach intends to use said document for the approval of the amendments; and 3) Adopt Resolution No. PC2025-004 (Attachment No. PC 1), recommending City Council approve the amendments to the Housing Opportunity (HO) Overlay Zoning Districts (PA2024-0205). 12-17 Housing Opportunity (HO) Overlay Zoning and Coastal Zoning Districts Amendments (PA2024-0205) Planning Commission, January 23, 2025 Page 2 BACKGROUND On September 24, 2024, the City Council adopted Ordinance No. 2024-16 approving an amendment to Title 20 (Planning and Zoning) of the NBMC, to establish the Housing Opportunity (HO) Overlay Zoning Districts in Section 20.28.050 [Housing Opportunity (HO) Overlay Zoning Districts]. The City Council also adopted Ordinance No. 2024-17 to create multi -unit objective design standards in Section 20.48.185 (Multi -Unit Objective Design Standards). The new sections serve to implement Policy Actions 1A through 1G and 3A in the General Plan 6t" Cycle Housing Element (Housing Element). The adoption of these ordinances provided new housing opportunities within five subareas to ensure the City can meet its 6t" Cycle Regional Housing Needs Assessment (RHNA) allocation: Airport Area Environs Area (HO-1), West Newport Mesa Area (HO-2), Dover-Westcliff Area (HO-3), Newport Center Area (HO-4), and Coyote Canyon Area (HO-5). These subareas correspond directly to the Focus Areas identified in Appendix B (Adequate Sites Analysis) of the Housing Element and excerpted in Figure 1 below. Banning Ranch Figure 1, Housing Element focus areas for residential development Properties identified within these Subareas are eligible for special development allowances intended to be conducive to residential development at the prescribed average density of 20 to 50 dwelling units per acre. Additionally, the ordinances created multi -unit objective design standards and development standards, which include but are not limited to minimum lot area, setbacks, height, open space, landscaping, and parking. On July 23, 2024, alongside the introduction of Ordinance No. 2024-16, the City Council adopted Resolution No. 2024-52 authorizing the submittal of the corresponding Local Coastal Program Amendment (LCPA) to the California Coastal Commission (CCC) to 12-18 Housing Opportunity (HO) Overlay Zoning and Coastal Zoning Districts Amendments (PA2024-0205) Planning Commission, January 23, 2025 Page 3 amend the City's Coastal Land Use Plan and Title 21 (Local Coastal Program Implementation Plan) of the NBMC. The LCPA would establish the Housing Opportunity (HO) Overlay Coastal Zoning Districts and their corresponding development standards applicable to properties located within the Coastal Zone of the City to implement the Housing Element. The City initially submitted its LCPA application on August 16, 2024, and most recently received its notice of complete filing on January 7, 2025. The LCPA will be scheduled for a CCC public hearing for consideration. On November 19, 2024, the City Council adopted Resolution No. 2024-85, initiating an amendment to Section 20.28.050 in Title 20 and the pending complementary section in Title 21 of the NBMC, to review and make possible adjustments to certain development standards, including but not limited to building height limits specified in Table 2-16 (Development Standards for Housing Opportunity Overlay Zones) of Section 20.28.050 [Housing Opportunity (HO) Overlay Zoning Districts] and pending Table 21.28-1 (Development Standards for Housing Opportunity Overlay Zones) of the NBMC. PROPOSED AMENDMENTS Specifying Height Limitations Since the implementation of the HO Overlay Zoning Districts, City staff has met with several prospective developers, and it has become apparent that the height limits applicable to some sites within the HO-4 Subarea cannot accommodate the intended densities. Currently, Table 2-16 (Development Standards For Housing Opportunity Overlay Zones) of Section 20.28.050 identifies that heights within this Subarea are limited to those in the underlying base zoning district. Given the variety of zoning districts in HO-4, maximum height limits range as high as 300 feet and as low as 32 feet. Due to the lower base height limits, an adjustment to allowable building heights is appropriate and necessary to accommodate residential developments within the intended prescribed density range of 20 to 50 dwelling units per acre. -� Adjusting these heights is also in furtherance of the longstanding g vision for development in Newport ' Center, which includes taller buildings around the center to Dims_ create a downtown -like feel while F ..--' preserving open view corridors. This intention is depicted in a photograph of a carboard cutout model from its earliest planning y efforts, provided as Figure 2 above. Figure 2, 1960s cardboard model of Newport Center More importantly, the proposed (Real Estate Masterwork Series; Emmert, Frost) 12-19 Housing Opportunity (HO) Overlay Zoning and Coastal Zoning Districts Amendments (PA2024-0205) Planning Commission, January 23, 2025 Page 4 increases are also consistent with General Plan Land Use Element Policy 6.14.4 (Development Scale), excerpted below. LU 6.14.4 Development Scale. Reinforce the original design concept for Newport Center by concentrating the greatest building mass and height in the northeasterly section along San Joaquin Hills Road, where the natural topography is highest and progressively scaling down building mass and height to follow the lower elevations toward the southwesterly edge along East Coast Highway. (Imp 2.1, 3.1, 4.1) The benefits of increasing heights include accommodating density on smaller sites and/or fewer sites, increasing walkability for residents and activating the urban core of Newport Center to create a true mixed -use community, and decreasing development footprints and encouraging increased open space and views through developments. City staff has prepared a series of three exhibits depicting: 1) existing height limits; 2) proposed height limits; and 3) existing height limits with proposed height limits overlaid. Those exhibits are provided as Attachment No. PC 2 for reference and are intended to be reviewed together. Table 1 below summarizes the locations and proposed specified heights for potential housing sites taking advantage of the HO Overlay Zoning Districts along with their existing allowed base heights. It should be emphasized that there are no changes proposed to the Newport Center Sight Plane, as established by Ordinance Nos. 1371, 1596, 83-27, and 91-97, which serves to maintain residential views across the southeasterly quadrant of Newport Center 12-20 Housing Opportunity (HO) Overlay Zoning and Coastal Zoning Districts Amendments (PA2024-0205) Planning Commission, January 23, 2025 Page 5 Table 1, H04 properties with proposed height increase I Base Heights Proposed Height Newport Beach Tennis Club in Eastbluff 32 feet 32 feet' Armstrong Gardens, Newport Beach Country 32 feet, 50 feet 70 feet Club's surface parking lot, maintenance yard, and tennis courts Northern portion of Corporate Plaza outside the 32 feet 70 feet Newport Center Sight Plane 100 Block Newport Center 32 feet, 50 feet 85 feet Underutilized parking structure 65 feet 85 feet Chase bank 32 feet 110 feet Newport Beach Country Club golf course portion 50 feet 110 feet Southern portion of 200 Block Newport Center 32 feet 150 feet excepting Regal Edwards Big Newport site 300 Block Newport Center and Regal Edwards 32 feet 270 feet Big Newport Site This site is in a well -established neighborhood in Eastbluff where anything higher than the base height limit would likely not be compatible with surrounding development. Limiting the height to 32 feet eliminates the potential to seek a site development review to increase the height and further encourages a lower density of 20 dwelling units per acre for neighborhood compatibility. Allocating Units to City -Owned Properties The proposed amendments would also allocate a certain number of units from the development limits of HO-1 and HO-4 Subareas to a small group of City -owned properties. The City acquired real property at 1201 Dove Street in 2023 with the intention of potentially redeveloping it in the future as the new headquarters for the Newport Beach Police Department (NBPD); however, alternative uses for the site are possible. Of the 2,577-unit development limit in HO-1, a total of 179 units (50 du/ac) would be allocated to Site ID No. 77 (1201 Dove Street) from the Housing Element Sites Inventory. This gives the City flexibility on the final use in the future. 868 and 870 Santa Barbara Drive is the current location of Newport Beach Fire Station No. 3 and the NBPD's headquarters. Both sites are City -controlled and have the potential for redevelopment with housing projects within the Housing Element's planning period. Of the 2,439-unit development limit in HO-4, a total of 199 units (50 du/ac) would be allocated to Site ID No. 362 (868 and 870 Santa Barbara Drive) from the Housing Element Sites Inventory. 12-21 Housing Opportunity (HO) Overlay Zoning and Coastal Zoning Districts Amendments (PA2024-0205) Planning Commission, January 23, 2025 Page 6 Title 20 (Planning and Zoning) Amendment Table 2-16 of Section 20.28.050 would be amended as illustrated below: TABLE 2-16 DEVELOPMENT STANDARDS FORHOUSING OPPORTUNITY OVERLAY ZONES Housing Opportunity Subareas HO-1 HO-2 HO-3 HO-4 HO-5 HO-6 Development Feature Development Limit 2,577"` 1,107 521 2,439 1,530 N/A (units)(') Height Per Base 65 ft. 65 ft.(6) Per Base 65 ft. All Zone Zone Standards unless unless Per Base otherwise otherwise Zone identified identified on the on the map map(') (11) Of the 2,577 base development units, 179 units (50 du/ac) shall be allocated to Site ID No. 77 (1201 Dove Street) from the 61h Cycle Housing Element Sites Inventory. (12) Of the 2,439 base development units for HO-4, 199 units (50 du/ac) shall be allocated to Site ID No. 362 (868 and 870 Santa Barbara Drive) from the 6th Cycle Housing Element Sites Inventory. Local Coastal Program Implementation Plan Amendment For those properties located in the Coastal Zone, the proposed amendment to Table 21.28-1 and updated or added maps to Section 21.80.032 of Title 21 would mirror proposed changes as proposed to Table 2-16 and Section 20.80.25 of the NBMC. Environmental Review All potential environmental effects for the amendments have been adequately addressed in the previously certified Final Program Environmental Impact Report (EIR) identified by State Clearinghouse Number (SCH No.) 2023060699, and the City of Newport Beach intends to use said document for the approval of the amendments. Copies of the previously prepared environmental document are available for public review and inspection at the Planning Division or at the City of Newport Beach website here: Housing Implementation Proaram EIR (PA2022-0245). A consistency analysis was prepared by Kimley-Horn & Associates, Inc. on January 9, 2025, and is attached as Exhibit "A" of Draft Resolution (Attachment No. PC 1). It was determined that the amendments are consistent with the Housing Element and within the scope of EIR. Under State CEQA Guidelines Sections 15162 and 15164, no additional environmental review is required. 12-22 Housing Opportunity (HO) Overlay Zoning and Coastal Zoning Districts Amendments (PA2024-0205) Planning Commission, January 23, 2025 Page 7 Public Notice Notice of this hearing was published in the Daily Pilot in a one -eighth -page format at least 10 days before the scheduled meeting, consistent with Section 20.62.020(B)(2)(c) of the NBMC. Additionally, the item appeared on the agenda for this meeting, which was posted at City Hall and on the City website. Prepared by: V4 J-- 14 - i' Z eba, AICP F' nning M g e r ATTACHMENTS Submitted by: Jam Murillo, AICP Deputy Community Development Director PC 1 Draft Resolution PC 2 Draft Height Exhibits 1, 2, and 3 01 /18/23 12-23 Attachment C January 23, 2025 Planning Commission Minutes Excerpt 12-24 Docusign Envelope ID: 487E8151-985A-4999-9214-05D43B660D3C NEWPORT BEACH PLANNING COMMISSION MINUTES CITY COUNCIL CHAMBERS — 100 CIVIC CENTER DRIVE THURSDAY, JANUARY 23, 2025 REGULAR MEETING — 6:00 P.M. I. CALL TO ORDER — 6:00 p.m. II. PLEDGE OF ALLEGIANCE — Commissioner Ellmore III. ROLL CALL PRESENT: Chair Mark Rosene, Vice Chair Tristan Harris, Secretary David Salene, Commissioner Curtis Ellmore, Commissioner Jonathan Langford, and Commissioner Lee Lowrey ABSENT: None Staff Present: Assistant City Manager Seimone Jurjis, Deputy Community Development Director Jaime Murillo, Assistant City Attorney Yolanda Summerhill, Principal Civil Engineer Kevin Riley, Planning Manager Ben Zdeba, Assistant Planner Daniel Kopshever, Administrative Assistant Clarivel Rodriguez, Department Assistant Savannah Martinez IV. PUBLIC COMMENTS Jim Mosher suggested revising the public notice ads to be more accessible to the public. V. REQUEST FOR CONTINUANCES - None VI. CONSENT ITEMS ITEM NO. 1 MINUTES OF JANUARY 9, 2025 Recommended Action: Approve and file Motion made by Commissioner Ellmore and seconded by Chair Rosene to approve the meeting minutes of January 9, 2025, as amended by Mr. Mosher. AYES: Ellmore, Harris, Langford, Lowrey, Rosene, and Salene NOES: None ABSTAIN: None ABSENT: None VII. PUBLIC HEARING ITEMS ITEM NO. 2 NEWPORT IRVINE MEDICAL CENTER (PA2024-0070) Site Location: 3300 Irvine Avenue Summary: A request to remodel an existing, three-story office building and convert the land use from professional office to medical office. To partially accommodate the increased parking demand, the existing surface parking lot will be restriped and a three -level parking structure 12-25 Docusign Envelope ID: 487E8151-985A-4999-9214-05D43B660D3C Planning Commission Meeting January 23, 2025 with solar canopy will be constructed. The following approvals are required to implement the project as proposed: Major Site Development Review: To allow an increase in building height in accordance Section 20.52.080 (Site Development Reviews) of the Newport Beach Municipal Code (NBMC) for the new architectural features (i.e., parapets) which are proposed for 41 feet 6 inches above existing grade and 45 feet above existing grade, where the base height limit permits a maximum of 32 feet; Staff Approval: To waive 61 of the 392 parking spaces required, or 15.5% of the parking requirement, in accordance with Section 20.40.110(D) (Adjustments to Off -Street Parking Requirements) of the NBMC; and Traffic Study: To consider the projected 1,496 net increase in average daily vehicle trips, pursuant to Section 15.40.030(A) (Traffic Phasing Ordinance) of the NBMC. Recommended Actions: 1. Conduct a public hearing; 2. Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15332 under Class 32 (In -Fill Development Projects) of the CEQA Guidelines, because it has no potential to have a significant effect on the environment; and 3. Adopt Resolution No. PC2025-003, approving the Site Development Review, Staff Approval, and Traffic Study filed as PA2024-0070. Commissioner Langford recused himself due to real property interests by his employer. Assistant Planner Kopshever used a presentation to review the project location, public comment concern, vicinity map and land use, project description and approvals, key site development review findings, existing view from Irvine Avenue, rendering of the proposed project, scale and compatibility, setbacks and open space, height comparison, parking waiver, traffic study, changes to the resolution, and action recommended. Ex parte communications included the Commissioners meeting with either the applicant or the applicant's consultant and touring the property. Chair Rosene opened the public hearing. Jason Krotts, applicant, agreed to the conditions of approval and supported staff's recommendations and revisions. Chair Rosene closed the public hearing. Motion made by Commissioner Ellmore and seconded by Commissioner Lowrey to approve the item as amended. AYES: Ellmore, Harris, Lowrey, Rosene, and Salene NOES: None RECUSE: Langford ABSENT: None 12-26 Docusign Envelope ID: 487E8151-985A-4999-9214-05D43B660D3C Planning Commission Meeting January 23, 2025 ITEM NO. 3 HOUSING OPPORTUNITY (HO) OVERLAY ZONING AND COASTAL ZONING DISTRICT AMENDMENTS (PA2024-0205) Site Location: Various Summary: An amendment to Table 2-16 of Section 20.28.050 [Housing Opportunity (HO) Overlay Zoning Districts] in Title 20 (Planning and Zoning) and pending Table 21.28-1 of Section 21.28.070 [Housing Opportunity (HO) Overlay Coastal Zoning Districts] in Title 21 (Local Coastal Program Implementation Plan) of the Newport Beach Municipal Code (NBMC) to: (1) adjust the height limitations of certain properties within the Newport Center Area (HO-4) Subarea to accommodate residential development with the intended prescribed density range; and (2) to identify a certain number of units being allocated from the respective development limits for a select group of City -owned properties located within the Airport Area Environs Area (HO-1) and Newport Center Area (HO-4) Subareas. The corresponding maps in Section 20.80.025 and pending Section 21.80.032 would also be amended accordingly. Recommended Actions: 1. Conduct a public hearing; 2. Find that all potential environmental effects for the amendments have been adequately addressed in the previously certified Final Program Environmental Impact Report (EIR) identified by State Clearinghouse Number (SCH No.) 2023060699, and the City of Newport Beach intends to use said document for the approval of the amendments; and 3. Adopt Resolution No. PC2025-004 (Attachment No. PC 1), recommending City Council approve the amendments to the Housing Opportunity (HO) Overlay Zoning Districts (PA2024-0205. ) Commissioner Langford recused himself due to real property interests by his employer. Planning Manager Zdeba used a presentation to highlight the background of the Housing Element and its implementation program, Housing Opportunity (HO) Overlay Zoning Districts, proposed amendments, HO-4: existing and proposed heights, vision for Newport Center, benefits of increased height, CEQA compliance, written correspondence received, staff's recommendation, and next steps. In reply to Commissioner Lowrey's question, Planning Manager Zdeba indicated that subsequent requests can be made by private developers as an applicant once the initial amendment is completed. Assistant City Manager Jurjis noted that increased heights are needed to make housing projects pencil, meet minimum density requirements, and provide a marketable product. In response to Secretary Salene's inquiry, Planning Manager Zdeba reviewed the creation and purpose of the Newport Center Sight Plane, and stated that no changes are proposed to it so the residents across MacArthur Boulevard who are looking west maintain their views protected. There were no ex parte communications among the Commissioners except for Commissioner Lowrey who spoke with property owners, stakeholders, and concerned citizens. 12-27 Docusign Envelope ID: 487E8151-985A-4999-9214-05D43B660D3C Planning Commission Meeting January 23, 2025 Chair Rosene opened the public hearing Jim Mosher thought the housing overlays are unfair and inequitable. He expressed concerns that the current proposal seems counterproductive, public noticing is inequitable, and views will be impacted. Debbie Stevens, Harborview Hills Community Association, thanked staff for protecting the Newport Center Sight Plane, questioned the view by the cinema and inquired about the public notice process. Tom Nicholson, 21 Shoal Drive, asked for the Commission to consider the Saint Michael's Church, Housing Element Site ID 147 for inclusion in the height limitation adjustments for HO-4. Larry Tucker noted that there is less density with more height, greater land residual value with bigger units, reduced impacts with height, and the unit height does not affect the sight plane. Planning Manager Zdeba noted that housing projects under the overlay will likely require a site development review to address compliance with the Newport Beach Municipal Code (NBMC) and General Plan, including analysis from public viewpoints. Furthermore, he reviewed public noticing practices. Chair Rosene closed the public hearing. Vice Chair Harris and Commissioner Ellmore thought Newport Center is an appropriate location for height and supported the two additional properties. Motion made by Commissioner Ellmore and seconded by Vice Chair Harris to approve the item as recommended. AYES: Ellmore, Harris, Lowrey, Rosene, and Salene NOES: None RECUSE: Langford ABSENT: None VIII. STAFF AND COMMISSIONER ITEMS ITEM NO. 4 MOTION FOR RECONSIDERATION - None ITEM NO. 5 REPORT BY THE COMMUNITY DEVELOPMENT DIRECTOR OR REQUEST FOR MATTERS WHICH A PLANNING COMMISSION MEMBER WOULD LIKE TO BE PLACED ON A FUTURE AGENDA Deputy Community Development Director Murillo indicated that the February 6 Planning Commission meeting is canceled, and no items are agendized for the February 20 meeting. Jim Mosher announced pending California Coastal Commission (CCC) Items 3 and 5 are scheduled for the CCC meeting in Long Beach on February 5. ITEM NO. 6 REQUESTS FOR EXCUSED ABSENCES - None IX. ADJOURNMENT - With no further business, Chair Rosene adjourned the meeting at 6:42 p.m. 12-28 Docusign Envelope ID: 487E8151-985A-4999-9214-05D43B660D3C Planning Commission Meeting January 23, 2025 The agenda for the January 23, 2025, Planning Commission meeting was posted on Thursday, January 16, 2025, at 5:05 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, January 16, 2025, at 4:49 p.m. Mark Rosene, Chair David Salene, Secretary 12-29 Attachment D Planning Commission Resolution No. PC2025-004 12-30 Docusign Envelope ID: 2FA025FF-02F7-490D-B67E-DFEC9AD2E41D RESOLUTION NO. PC2025-004 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH, CALIFORNIA, RECOMMENDING THE CITY COUNCIL APPROVE AN AMENDMENT TO SECTION 20.28.050 (HOUSING OPPORTUNITY (HO) OVERLAY ZONING DISTRICTS) OF TITLE 20 (PLANNING AND ZONING) AND PENDING SECTION 21.28.070 [HOUSING OPPORTUNITY (HO) OVERLAY COASTAL ZONING DISTRICTS] IN TITLE 21 (LOCAL COASTAL PROGRAM IMPLEMENTATION PLAN) OF THE NEWPORT BEACH MUNICIPAL CODE (PA2024-0205) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. On September 24, 2024, the City Council adopted Ordinance Nos. 2024-16 and 2024-17, approving amendments to Title 20 (Planning and Zoning) of the Newport Beach Municipal Code ("NBMC"), to establish the Housing Opportunity (HO) Overlay Zoning Districts in Section 20.28.050 (Housing Opportunity (HO) Overlay Zoning Districts) and to create multi -unit objective design standards in Section 20.48.185 (Multi -Unit Objective Design Standards). The new sections serve to implement Policy Actions 1A through 1 G and 3A in the General Plan 6t" Cycle Housing Element ("Housing Element"). 2. Section 20.28.050 of the NBMC allows for new housing opportunities within five subareas to ensure the City can accommodate its 6t" Cycle Regional Housing Needs Assessment ("RHNA") allocation. These subareas correspond to the Focus Areas identified in the Housing Element and are as follows: Airport Area Environs Area (HO-1), West Newport Mesa Area (HO-2), Dover-Westcliff Area (HO-3), Newport CenterArea (HO-4), and Coyote Canyon Area (HO-5). Properties identified within these subareas are eligible for specified development allowances conducive to residential development at the prescribed average density of 20 to 50 dwelling units per acre. The standards include but are not limited to minimum lot area, setbacks, height, open space, landscaping, and parking. 3. On July 23, 2024, the City Council adopted Resolution No. 2024-52, authorizing submittal of the Local Coastal Program Amendment to the California Coastal Commission to amend the City's Coastal Land Use Plan and Title 21 (Local Coastal Program Implementation Plan) of the NBMC to establish the Housing Opportunity (HO) Overlay Coastal Zoning Districts and their corresponding development standards applicable to properties located within the Coastal Zone to implement the Housing Element. 4. On November 19, 2024, the City Council adopted Resolution No. 2024-85, initiating an amendment to Section 20.28.050 of the NBMC and the pending complementary amendments in Title 21 of the NBMC, to review and make possible adjustments to certain development standards, including but not limited to building height limits specified in Table 2-16 (Development Standards for Housing Opportunity Overlay Zones) of Section 12-31 Docusign Envelope ID: 2FA025FF-02F7-490D-B67E-DFEC9AD2E41D Planning Commission Resolution No. PC2025-004 Paae 2 of 13 20.28.050 (Housing Opportunity (HO) Overlay Zoning Districts) and pending Table 21.28- 1 (Development Standards for Housing Opportunity Overlay Zones) of the NBMC. 5. An amendment to Table 2-16 of Section 20.28.050 and pending Table 21.28-1 of the NBMC is necessary to adjust the height limitations of certain properties within the HO-4 subarea to accommodate potential residential development with the intended prescribed density range, and to identify a certain number of units being allocated from the respective development limits for a selected group of City -owned properties located within HO-1 and HO-4 subareas. The corresponding Housing Opportunity Overlay District Maps in Section 20.80.025 and pending Section 21.80.035 would also be amended accordingly ("Amendment"). 6. A public hearing was held on January 23, 2025, in the Council Chambers at 100 Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of the public hearing was given in accordance with California Government Code Section 54950 et seq. ("Ralph M. Brown Act") and Chapters 20.62 (Public Hearings) and 21.62 (Public Hearings) of the NBMC. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this public hearing. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. Pursuant to the California Environmental Quality Act ("CEQA") as set forth in California Public Resources Code Section 21000 et seq. and its implementing guidelines set forth in California Code of Regulations, Title 14, Division 6, Chapter 3 ("CEQA Guidelines"), the City Council adopted Resolution No. 2024-50 on July 23, 2024, certifying Final Program Environmental Impact Report SCH No. 2023060699 ("PEIR"), approving a Mitigation Monitoring and Reporting Program ("MMRP"), and adopting Findings and a Statement of Overriding Considerations related to the implementation of the Housing Element involving amendments to the General Plan, Coastal Land Use Plan, and Title 20 (Planning and Zoning) and Title 21 (Local Coastal Program Implementation Plan) of the NBMC which are available at: Housing Implementation Program EIR. 2. Pursuant to Section 21166 of the California Public Resources Code and Section 15162 of the CEQA Guidelines, when an environmental impact report ("EIR") is adopted 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 12-32 Docusign Envelope ID: 2FA025FF-02F7-490D-B67E-DFEC9AD2E41D Planning Commission Resolution No. PC2025-004 Paae 3 of 13 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 EIR was adopted as complete, shows any of the following: i. The project will have one or more significant effects not discussed in the previous negative declaration; Significant effects previously examined will be substantially more severe than shown in the adopted negative declaration; 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 measures or alternatives; or iv. Mitigation measures or alternatives which are considerably different from those analyzed in the previous negative declaration would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measures or alternatives. 3. The Amendment, which include adjustment to the height limitations of certain properties within the HO-4 Subarea to accommodate potential residential development with the intended prescribed density range, and to identify the number of units being allocated from the residential development limits for certain City -owned properties within HO-1 and HO-4 Subareas, does not constitute 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 the EIR, nor has any new information regarding the potential for new or more severe significant environmental impacts been identified as detailed in the CEQA Consistency Memorandum, which is attached hereto as Exhibit "A" and incorporated by reference. Therefore, in accordance with Section 21166 of the California Public Resources Code and Section 15162 of the CEQA Guidelines, no additional environmental review is required to adopt the Amendments. SECTION 3. FINDINGS. Title 20 (Planning and Zoning) Amendment An amendment to Title 20 (Planning and Zoning) of the NBMC is a legislative act. Neither Title 20 itself nor California Government Code Section 65000 et seq., sets forth any required findings for approval of such amendments. However, Section 20.66.040 (Commission Recommendation) of the NBMC requires the Planning Commission to make and file a report of its findings and recommendations with the Council. 01-17-23 12-33 Docusign Envelope ID: 2FA025FF-02F7-490D-B67E-DFEC9AD2E41D Planning Commission Resolution No. PC2025-004 Paae 4 of 13 Findings and Facts in Support of Finding: Title 20 of the NBMC serves as the City's Zoning Code, which is a tool to ensure consistency with and implementation of the General Plan. It is necessary to amend and update Title 20 from time to time to ensure the policies set forth by the General Plan are being implemented effectively. 2. The Amendment specific to Title 20 (Planning and Zoning) of the NBMC, which is attached hereto as Exhibit "B" and incorporated herein by reference will further enable the implementation of the Housing Element's key objective, which is to accommodate the development of housing to fulfill City's obligation to meet regional housing demands. Specifically, the Amendment will allow increased height limitations for certain properties within HO-4 to accommodate residential developments within the intended prescribed density range while furthering the longstanding vision for development in Newport Center, as noted in General Plan Land Use Element Policy 6.14.4 (Development Scale). Increased heights will accommodate density on smaller sites and/or fewer sites and will increase walkability for residents and activate the urban core of Newport Center to create a true mixed -use community while decreasing development footprints and encouraging increased open space and views through developments. 3. The Amendment will also allocate a portion of the development limits in HO-1 and HO- 4 to City -owned sites where there is a potential for redevelopment with housing projects within the Housing Element's planning period. Title 21 (Local Coastal Program Implementation Plan) Amendment An amendment to Title 21 (Local Coastal Program Implementation Plan) of the NBMC is a legislative act. Neither Title 21 itself nor California Government Code Section 65000 et seq., sets forth any required findings for approval of such amendments. Findings and Facts in Support of Finding: The Housing Element includes Section 4 (Housing Plan), which sets forth programs and strategies to facilitate and encourage the development of the City's obligation to meet regional housing demand. Appendix B of the Housing Element is the Sites Analysis and identifies several sites to be rezoned to allow for potential redevelopment with housing projects. A number of these sites are within the Coastal Zone. As Title 20 has been amended to add the new HO Overlay Zones with associated development standards, similarly, the amendment to Local Coastal Program Implementation Plan to add the new Overlay Coastal Zones for properties within the Coastal Zone has been prepared and submitted to the California Coastal Commission for consideration. 2. The Amendment specific to Title 21 (Local Coastal Program Implementation Plan) of the NBMC, attached hereto as Exhibit "C," and incorporated herein by reference, will create consistency in implementation between Titles 20 and 21 of the NBMC and will help to fulfill the Housing Plan, as the proposed Amendment will facilitate the development of housing consistent with the Housing Element. 01-17-23 12-34 Docusign Envelope ID: 2FA025FF-02F7-490D-B67E-DFEC9AD2E41D Planning Commission Resolution No. PC2025-004 Paae 5 of 13 SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. In accordance with Section 21166 of the California Public Resources Code and Section 15162 of the of the CEQA Guidelines, no additional environmental review is required as the Amendment does not constitute 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 the EIR, nor has any new information regarding the potential for new or more severe significant environmental impacts been identified as detailed in the CEQA Consistency Memorandum, which is attached hereto as Exhibit "A." 2. The Planning Commission hereby recommends to the City Council approval of the Amendment to Title 20 (Planning and Zoning) and Title 21 (Local Coastal Program Implementation Plan) of NBMC as part of the consideration of the adopted 6th Cycle Housing Element implementation programs, as contained in Exhibits "B" and "C," and identified as PA2024-0205, and with inclusion of Housing Element Site ID Nos. 146 and 147 with a maximum height limit of 50 feet (flat) and 55 feet (sloped) and Site ID No. 141 with a maximum height limit of 48 feet. PASSED, APPROVED, AND ADOPTED THIS 23RD DAY OF JANUARY, 2025. AYES: Ellmore, Harris, Lowrey, Rosene, and Salene NOES: None ABSENT: None RECUSED: Langford BY: Mark Rosene, Chair BY: VAWt sd Int- David Salene, Secretary 01-17-23 12-35 Docusign Envelope ID: 2FA025FF-02F7-490D-B67E-DFEC9AD2E41D Planning Commission Resolution No. PC2025-004 Paae 6 of 13 Attachments: Exhibit A — CEQA Consistency Memorandum Exhibit B — Amendment to Chapter 20.28 (Overlay Zoning Districts (MHP, PM, B, and H)) of Title 20 (Planning And Zoning) Exhibit C — Amendment to Pending Chapter 21.28 (Overlay Coastal Zoning Districts (MHP, PM, B, C, H, and HO)) of Title 21 (Local Coastal Program Implementation Plan) 01-17-23 12-36 Docusign Envelope ID: 2FA025FF-02F7-490D-B67E-DFEC9AD2E41D Planning Commission Resolution No. PC2025-004 Paae 7 of 13 1 *:/:1111 iTi_VA CEQA CONSISTENCY MEMORANDUM 01-17-23 12-37 Docusign Envelope ID: 2FA025FF-02F7-490D-B67E-DFEC9AD2E41D City of Newport Beach General Plan Housing Implementation Program Consistency Analysis City of Newport Beach General Plan Housing Implementation Program Consistency Analysis The purpose of this memo is to provide the City of Newport Beach (City) with information to substantiate that the proposed changes to the City of Newport Beach General Plan Housing Implementation Program (approved Project) are within the scope of the certified City of Newport Beach General Plan Housing Implementation Program Final Environmental Impact Report (Final EIR; State Clearinghouse Number 2023060699). The proposed changes would increase the maximum building heights on specified housing sites in the Newport Center Housing Opportunity (HO) Overlay Zoning District, as set forth in Chapter 20.28 and pending Chapter 21.28 [Housing Opportunity (HO) Overlay Zoning Districts] of City of Newport Municipal Code (Municipal Code), hereinafter referred to as "proposed Project." State California Environmental Quality Act (CEQA) Guidelines (Title 14, California Code of Regulations [CCR] §§15000 et seq.) State CEQA Guidelines Sections 15162 and 15164 provide guidance regarding when additional environmental review is required. The following discussion identifies the applicable subsections of State CEQA Guidelines Sections 15162 and 15164 and provides justification for the City to make a determination that subsequent review pursuant to CEQA is not required for the proposed Project, based on the environmental analysis provided in the Final EIR and this consistency analysis. State CEQA Guidelines Section 15162 — Subsequent EIRs and Negative Declarations (a) When an EIR has been certified or a negative declaration adopted for a project, no subsequent EIR shall be prepared for that project unless the lead agency determines, on the basis of substantial evidence in light of the whole record, one or more of the following: (1) Substantial changes are proposed in the project which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. As documented in the consistency analysis, no new or substantially more severe significant environmental effects beyond what was evaluated in the Final EIR would occur that would require substantive revisions to the Final EIR. The proposed Project would not result in substantially increased impacts beyond what was evaluated in the Final EIR. (2) Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. As documented in the consistency analysis, there have been no changes in circumstances under which the proposed Project is being undertaken compared to the Final EIR. The proposed Project would be implemented within the same study areas evaluated in the Final EIR. The proposed Project would not result in new significant environmental effects or a substantial increase in the severity of previously identified significant effect, as compared to those previously identified in the Final EIR. (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 or the negative declaration was adopted, shows any of the following: 1 12-38 Docusign Envelope ID: 2FA025FF-02F7-490D-B67E-DFEC9AD2E41D City of Newport Beach General Plan Housing Implementation Program Consistency Analysis (A) The project will have one or more significant environmental effects not discussed in the previous EIR or negative declaration; (B) Significant effects previously examined will be substantially more severe than shown in the previous EIR; No new information of substantial importance, which was not known at the time the Final EIR was certified is now available or shows that the proposed Project will result in a new or more significant environmental effect. As documented in the consistency analysis, the previously examined significant effects would not be substantially more severe than shown in the Final EIR as a result of the proposed Project. The Final EIR's findings are applicable to the proposed Project. (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. No mitigation measures in the Final EIR were found infeasible, as documented in the consistency analysis. All Final EIR mitigation measures would also apply to the proposed Project and are provided in Attachment A: Mitigation Monitoring and Reporting Program. As documented in the consistency analysis in this document, the proposed Project would not result in any new significant environmental effects that are substantially different from those identified in the Final EIR, nor would it substantially increase the severity of significant effects previously identified in the Final EIR. Therefore, a consistency analysis to the Final EIR is the appropriate documentation for the proposed Project to supplement the Final EIR. The City will consider this consistency analysis with the Final EIR prior to making a decision on the proposed Project. Background The Final EIR was previously prepared to evaluate the potential environmental impacts of the implementing actions associated with the City's 6th Cycle Housing Element for 2021-2029 (2021-2029 Housing Element). The Housing Element is one of the state -mandated General Plan elements and must be updated every eight years to address existing and projected housing needs across all segments of the community. The City Council adopted the 2021-2029 Housing Element on September 13, 2022. The State of California Department of Housing and Community Development (HCD) subsequently found the 2021- 2029 Housing Element to be in compliance with State housing law (i.e., certified) on October 5, 2022. The Regional Housing Needs Assessment (RHNA) is a State housing law requirement that is part of the periodic updating of local General Plan Housing Elements. It is a process that determines the existing and projected housing needs (i.e., RHNA allocation) for all jurisdictions (cities and unincorporated county areas) to provide opportunities for a mix of unit types, tenure, and affordability. Each jurisdiction must demonstrate that its Housing Element can accommodate its RHNA allocation at all income levels. The City's 61h Cycle RHNA allocation is 4,845 housing units, including 1,456 Very -Low -Income and 930 Low -Income units. 2 12-39 Docusign Envelope ID: 2FA025FF-02F7-490D-B67E-DFEC9AD2E41D City of Newport Beach General Plan Housing Implementation Program Consistency Analysis In addition to the 6th Cycle RHNA allocation, the Final EIR analysis accounted for additional housing units as a buffer to address future "no net loss" to preclude the need to identify replacement sites during 6th Cycle implementation.' Therefore, the Final EIR conservatively analyzed a total development capacity of 9,914 units, including future residential development capacity of up to 9,649 units (4,845 RHNA plus a 5,069-unit buffer) on 247 housing sites, 25 units of pipeline projects, and 240 accessory dwelling units. However, only a portion of the housing units identified on the housing sites are necessary to accommodate the City's RHNA planning obligation of 4,845 housing units. The City is not required to build housing units to meet its RHNA allocation; it is only required to identify potential sites and create the framework to allow the market the opportunity to develop these units. The 2021-2029 Housing Element does not directly construct new housing but facilitates the development of housing units by adopting implementing actions. The 2021-2029 Housing Element identifies six Focus Areas in the City with sufficient capacity to meet its RHNA allocation for the 61h Cycle. The six Focus Areas in the 2021-2029 Housing Element are: • Airport Area • Newport Center • West Newport Mesa • Coyote Canyon • Dover-Westcliff • Banning Ranch As part of the approved Project, amendments to the General Plan Land Use Element's goals and policies were adopted, including modifications to existing land use goals and policies, as well as the addition of new policies that further the implementation of the 2021-2029 Housing Element. Amendments were also adopted to the City's Local Coastal Program Coastal Land Use Plan, including modifications to existing policies and additions of new policies. To facilitate future housing development within the six identified Focus Areas, five corresponding "Housing Overlay Zones" were proposed and adopted to increase the maximum allowable density for future housing projects on identified housing sites within each Focus Area. A Housing Overlay Zone was not proposed for Banning Ranch. A sixth Housing Overlay Zone applies to the 5th Cycle Housing Element for 2014-2021 housing sites. In addition to the Housing Overlay Zones, the Municipal Code was amended to add Multi -Unit Objective Design Standards and Zoning Maps were amended to identify the Housing Overlay Zoning Districts. The City of Newport Beach General Plan Housing Implementation Program was approved, and the Final EIR was certified on July 23, 2024. Approval of the City of Newport Beach General Plan Housing Implementation Program included the following discretionary actions: • Certification of the City of Newport Beach General Plan Housing Implementation Program Final Program Environmental Impact Report. (Resolution No. 2024-50) • General Plan Amendment. Amend the General Plan Land Use Element to include changes to goals and policies consistent with the adopted and certified 2021-2029 Housing Element. (Resolution No. 2024-51) • Municipal Code Amendment. (1) Amend Newport Beach Municipal Code Chapter 20.28, Overlay Zoning Districts, to include Section 20.28.050: Housing Opportunity (HO) Overlay Zoning Districts. 1 State housing laws require cities and counties to identify RHNA obligations by income category. A future housing applicant is not required to meet affordability goals. The City is obligated to ensure there is no net loss when projects are developed such that there are adequate opportunities for the City to meet its RHNA obligations. If there is a net loss, the City has 120 days to provide rezoning that accommodates the net loss. Therefore, Newport Beach included a buffer to avoid the net loss scenario. 3 12-40 Docusign Envelope ID: 2FA025FF-02F7-490D-B67E-DFEC9AD2E41D (2) Amend the Zoning Map to identify the HO Overlay Zoning Districts. (3) Adopt City of Newport Beach Multi -Unit Objective Design Standards. (Resolution Nos. 2024-17 and 2024-16). • Local Coastal Program Amendment. Amend the Local Coastal Program for rezoning program implementation for those sites located in the Coastal Zone. (Resolution No. 2024-52) • City Charter Section 423. Approve a ballot measure for a major amendment to the General Plan in compliance with City Charter Section 423. (Resolution No. 2024-58) Proposed Project Description The proposed Municipal Code Amendment would increase the maximum building height requirement for specified housing sites in the Newport Center Housing Opportunity (HO) Overlay Zoning District, as outlined in the City of Newport Municipal Code (Municipal Code) Chapter 20.28 and pending Chapter 21.28. Specifically, the proposed Project would increase the maximum building heights for only 32 (all within the Newport Center Focus Area) of the 247 housing sites identified in the 2021-2029 Housing Element, as outlined in Table 1: HO-4 Newport Center Area - Existing and Proposed Height Limits and depicted on Exhibit 1: HO-4 Newport Center Area Existing Height Limits, Exhibit 2: HO-4 Newport Center Area Proposed Height Limits, and Exhibit 3: HO-4 Newport Center Area Existing/Proposed Height Limits. No increases in development capacities or changes to other development standards or development areas are proposed on any of these housing sites. Additionally, the proposed Project does not propose any changes to the other 215 housing sites identified in the 2021-2029 Housing Element. Table 1: HO-4 Newport Center Area - Existing and Proposed Height Limits Housing Site Existing Height Proposed Height 148M 32'/37' 60' 149 32'/37' 60' 155 32'/37' 85' 164 32'/37' 60' 168 32'/37' 60' 169 32'/37' 60' 173(1) 32'/37' 60' 175 32'/37' 60' 181 50' 50' 182 50' 60' 185 32'/37' 85' 186 32'/37' 85' 187 32'/37' 85' 192 50' 85' 203 50' 85' 212 32' 50' 240 50' 60' 257 50' 60' 339 32'/37'(2) 110, 340 32'/37' 85' 341 32'/37' 85' 345 32'/37' 270' 346 32'/37' 270' 347 32'/37' 270' 12-41 Docusign Envelope ID: 2FA025FF-02F7-490D-B67E-DFEC9AD2E41D Table 1: HO-4 Newport Center Area - Existing and Proposed Height Limits Housing Site Existing Height Proposed Height 348 32'/37' 270' 349 32'/37' 270' 350 32'/37' 270' 351 32'/37' 270' 352 32'/37' 270' 353 300' 110, 354 50' 60' E 32'/37' 270' Notes: 1. The maximum allowable height for portions of Housing Sites 148 and 173 within the Newport Center Sight Plane would not change. These sites' maximum allowable height would remain between 15' to 32'. 2. The "32'/37"' limit reflects "flat/sloped" height limits. In addition, the proposed Municipal Code Amendment would add footnotes for the Airport Area Housing Opportunity (HO-1) Overlay Zoning District and HO-4 Overlay Zoning District to identify a certain number of units being allocated from the respective development limits to a select group of City -owned properties. 12-42 Docusign Envelope ID: 2FA025FF-02F7-490D-B67E-DFEC9AD2E41D N Base Map Legend Newport Canter Sight Plane (No Changes) Estab+fished by Ordrrrance Nos. 1371, 1596, 83.27 and 91.97. This area rs lirrn7ed fir: height by a unhfarM slope defined by carrtoor lines of efeyaliwr above mean Sod hwel. St"tures ire generally Pxmfed l0 bO"en 15 and 32 feel in halghl hnm axlsfing grade. EPE� Coastal Zone Boundary L 32' xs�rss� xe'rsi' . IM ,ram Exhibit 1 r NE HCt-4 Newport Center Area Cn} of yeah Existing Height Limits f, m'b. 02. ]9]d 12-43 Docusign Envelope ID: 2FA025FF-02F7-490D-B67E-DFEC9AD2E41D Base Map Legend Disclaimers W hile every effort has been made tD ensure Housing Opportunity Overlay (Coastal Zone) the accuracy of information depicted in this exhibit, the City cannot make guarantees. y. 7 Housing Opportunity Overlay (Outside Coastal Zane) 6 This is intended for initial analysis only. �'\,�N Inquiries regarding individual sites should Newport Center Sight Plane (No Changes) be made for confirmation of the informs#ion Coastal Zone Boundary presented heroin. h, This exhibit is intended to be reviewed in Proposed Maximum Height i conjunction with Exhibit 1 (Existing Height 32i37 feet Limits) and Exhibit 3 (ExistinglProposed 70 feet Height Limits). i� 85 feet 110 feet? Q 150 feet 278 feet .. 6 t. Note: All sites without a height specified are subject i to the height limit prescribed by the underlying _ c` base zoning district (see Exhibits 1 and 3). � �- Newport Center- 4 Sight Plane Exhibit 2 rNE r 4 HO-4 Newport Center Area Cn} of Ne.payexh Proposed Height Limits a m'b� 02, to 14 12-44 Docusign Envelope ID: 2FA025FF-02F7-490D-B67E-DFEC9AD2E41D Base Map Legend Newport Center Sight Plane (No Changes) Housing Opportunity Site ,1 ffffffffffffffi Coastal Zone Boundary ice+ Proposed Maximum Height a32W feet ID 70 feet 85 feet 110 feet 150 feet 270 feet Note: Ail sites without a height specified are subject to the height limit prescribed by the underlying base zoning district (see Exhibit 1). 0 200' High Ris 300' r ` disclaimers vwhile every effort has been made to ensure - the acouracy of information depicted in this exhibit, the City cannot make guarantees. y. 1h, / This is intended for initial analysis only. Inquiries regarding individual sites should be made for confirmation of the information presented heroin. L This exhibit is intended to be reviewed in conjunction with Exhibit 1 (Existing Height Limits) and Exhibit 2 (Proposed Height Lim- its). L. .. 298' 125' gh Rise' ,nn • `. Newport Center Sight Plane -15' to 34' Fo. Exhibit 3 NE 4. HO-4 Newport Center Area Cn} of Ne.paygxh Existing/Proposed Height Limits 12-45 Docusign Envelope ID: 2FA025FF-02F7-490D-B67E-DFEC9AD2E41D Consistency Analysis See Attachment A: Mitigation Monitoring and Reporting Program for the mitigation measures and standard conditions discussed below. Aesthetics Approved Project Summary. The Final EIR found that impacts concerning aesthetics would be less than significant and no mitigation was required, except that light and glare impacts would be significant and unavoidable if housing development occurred within the Banning Ranch Focus Area. No feasible mitigation measures were identified to reduce this impact to a less than significant level. Further, future housing development would be required to adhere to General Plan policies that govern scenic quality, including updated policies in the City's Land Use Element that support the City's goal to maintain scenic quality and minimize potential impacts from future housing development (e.g., Policy LU 1.1, which requires future housing developments to be designed in a manner that maintains and enhances neighborhood character and views). Future housing development would also be subject to compliance with adopted citywide design guidelines that are intended to ensure that future projects provide well - designed corridors, community subareas, buildings, streets, and public spaces that contribute to a strong sense of place. Proposed Project. Consistent with the findings concerning the approved Project, the proposed Project would also have a less than significant impact concerning aesthetics. The proposed Project would increase the maximum allowable height on 32 housing sites but would not increase the residential development capacities of any housing sites or change their development areas, as assumed for the approved Project. None of the specified housing sites are located immediately in front of or adjacent to viewpoints. Therefore, future development on these housing sites, even with the increased allowable height, would not have the potential to obstruct views or degrade the visual quality of scenic vistas within the City. Like the approved Project, the proposed Project would not directly construct new housing but would increase the maximum allowable height on specified housing sites. Buildings associated with future housing development on these housing sites could disrupt existing views, including coastal and open space views. Future housing development would be required to adhere to General Plan policies that govern scenic quality, including but not limited to Policy LU 5.6.1 through LU 5.6.3, Policy NR 20.1 through NR 20.4, and Policy NR 23.1 through 23.7. Future housing development would also be subject to compliance with adopted citywide Design Guidelines, which would ensure that future individual development projects provide well -designed corridors, community subareas, buildings, streets, and public spaces that contribute to a strong sense of place. Therefore, the proposed amendment to the HO-4 Overlay Zoning District would not conflict with applicable zoning, General Plan policies, and other regulations governing scenic quality upon its adoption. The proposed Project's identified housing sites are in the Newport Center Area, where existing development generates light/glare. Further, the proposed Project does not include revisions to lighting or glare standards that would introduce new sources of substantial light or glare, which would adversely affect day or nighttime views in the area. Conclusion. Accordingly, no new or substantially more severe significant environmental effects concerning aesthetics would occur beyond what was evaluated in the Final EIR. Additionally, no new information of substantial importance that was not known and could not have been known at the time the Final EIR was certified is available that would change the prior finding of less than significant. The Final EIR's findings apply to the proposed Project. 12-46 Docusign Envelope ID: 2FA025FF-02F7-490D-B67E-DFEC9AD2E41D Air Quality Approved Project Summary. The Final EIR concluded that the approved Project would result in significant and unavoidable impacts concerning implementation of the South Coast Air Quality Management District (SCAQMD) Air Quality Management Plan (AQMP). The approved Project was found not to be consistent with the land planning growth strategies outlined in the 2022 AQMP and that it would exceed the SCAQMD daily emissions thresholds during short-term construction and long-term operations. No feasible mitigation measures were identified to reduce this impact to a less than significant level. Further, because buildout of the approved Project would result in construction and long-term operational emissions that would exceed the SCAQMD thresholds, the Final EIR concluded a significant and unavoidable impact would occur. At a programmatic level of analysis, there are no feasible mitigation measures to reduce long-term emissions to levels below the SCAQMD's thresholds of significance. Because localized significant thresholds (LSTs) are applicable only at the project -specific level and do not apply to long-term planning documents such as Housing Elements, the Final EIR found that it is not feasible to conclude that air pollutant emissions from future development projects would be reduced to levels below SCAQMD LSTs. Thus, the Final EIR concluded that a significant and unavoidable impact would occur concerning LSTs. The approved Project could expose sensitive receptors to substantial pollutant concentrations associated with diesel particulate matter emissions from heavy trucks, which could result in health effects. Eight housing sites (i.e., 63, 64, 65, 68, 84, 85, 131, and 336) are within the California Air Resources Board (CARB) specified freeway buffer distances. The proximity of housing sites to State Route 73 could potentially expose future development to toxic air contaminants (TACs) from these sources. Therefore, the Final EIR concluded that impacts would be less than significant with Mitigation Measure (MM) AQ-1, which requires a Health Risk Assessment for future residential development proposed within 500 feet of State Route 73. Odors resulting from development facilitated by the approved Project may be perceived during construction, but these are temporary, short-term impacts typical of construction operations and, therefore, result in less than significant impacts. Proposed Project. The proposed Project would increase the maximum allowable height on 32 housing sites but would not increase the residential development capacities of any housing sites or change their development areas, as assumed for the approved Project. The proposed Project would generally have no change concerning air quality compared to the anticipated development assumed in the Final EIR. Like the approved Project, residential development on the specified sites would result in construction and long-term operational emissions that would exceed the SCAQMD thresholds. Conclusion. Accordingly, no new or substantially more severe significant environmental effects concerning air quality would occur beyond what was evaluated in the Final EIR. Additionally, no new information of substantial importance that was not known and could not have been known at the time the Final EIR was certified is available that would change the prior finding of less than significant. The Final EIR's findings apply to the proposed Project. Biological Resources Approved Project Summary. The Final EIR found that impacts concerning biological resources would be less than significant with mitigation incorporated. Sites with sensitive biological resources could result in direct impacts concerning special -status wildlife and plant species. Additionally, the approved Project could directly impact nesting birds during construction or operation. With Standard Condition (SC) BIO-1 and MM BIO-1 incorporated, impacts would be less than significant. 12-4 7 Docusign Envelope ID: 2FA025FF-02F7-490D-B67E-DFEC9AD2E41D Future housing projects facilitated by the approved Project could directly impact sensitive vegetation communities. Disturbance or removal of these vegetation communities associated with future development on a site containing these resources could have a significant impact. Additionally, the Final EIR concluded that an indirect impact to riparian habitats could result from the future development of existing vacant sites. This impact would be mitigated to a less than significant level with MM BIO-1. While the approved Project does not propose to alter a State or federally protected wetland on any housing site, future development facilitated by the approved Project could directly or indirectly impact wetlands through activities such as vegetation removal and grading activities. Adherence to federal and State laws and regulations and General Plan and Local Coastal Program policies would ensure that any future development facilitated by the approved Project would result in less than significant impacts on State or federally protected wetlands. All future development facilitated by the approved Project would be subject to the City's development review process and required to comply with relevant federal, State, and local regulations protecting biological resources. General Plan Policy NR 10.3 through NR 10.7 and City Council Policy G-1 would ensure that future development would not conflict with any local policies or ordinances protecting biological resources, and therefore, no impact would occur. Future development facilitated by the approved Project would be required to comply with the Central - Coastal Natural Community Conservation Plan / Habitat Conservation Plan (NCCP/HCP) provisions. The Central -Coastal NCCP/HCP is included as part of the General Plan policies. Compliance with the General Plan policies would ensure that future development facilitated by the approved Project would not conflict with the Central -Coastal NCCP/HCP provisions, and therefore, no impact would occur. Proposed Project. The proposed Project would increase the maximum allowable height on specified housing sites but would not increase the residential development capacities of any housing sites or change their development areas, as assumed for the approved Project. The proposed Project would not facilitate additional construction activities, tree removals, nor expand future construction areas. Any future development facilitated by the proposed Project would be subject to SC BIO-1, MM BIO-1, and applicable General Plan and Coastal Land Use Plan policies concerning biological resources, including General Plan Policy NR 10.3 through NR 10.7 and City Council Policy G-1, which would reduce impacts concerning a less than significant level. Conclusion. Accordingly, no new or substantially more severe significant environmental effects concerning biological resources would occur beyond what was evaluated in the Final EIR. Additionally, no new information of substantial importance that was not known and could not have been known at the time the Final EIR was certified is available that would change the prior finding of less than significant. The Final EIR's findings apply to the proposed Project. Cultural Resources Approved Summary. The Final EIR found that future housing development could cause a substantial adverse change in the significance of a historical resource on the housing sites. The developed housing sites could be (now or in the future) occupied by historic (over 50 years) buildings. Because demolition of a historically significant resource would have a physical effect on the environment, and neither the City's General Plan nor CEQA statutes precludes this demolition or alteration, the potential loss of historically significant structures and resources would be a significant unavoidable impact that would not be mitigated to a less than significant level with MM CUL-1. The approved Project would potentially have direct impacts on archaeological resources. Future development facilitated by the Project would be subject to City Council Policy K-5, which requires 12-48 Docusign Envelope ID: 2FA025FF-02F7-490D-B67E-DFEC9AD2E41D preserving significant archeological (and tribal cultural resources) (see SC CUL-1). The Final EIR found that this impact would be mitigated to a less than significant level with MM CUL-2. The Final EIR found that the approved Project could impact human remains, which could be uncovered during future grading activities facilitated by the approved Project. Following compliance with the established regulatory framework and SC CUL-2, future housing development would have a less than significant impact concerning human remains. Proposed Project. The proposed Project would increase the maximum allowable height on specified housing sites but would not increase the residential development capacities of any housing sites or change their development areas, as assumed for the approved Project. Any future development projects facilitated by the proposed Project would be subject to the City's development review process and required to comply with applicable federal, State, and local laws that concern the preservation of historical resources, including the National Historic Preservation Act and State CEQA Guidelines. Additionally, because various structures on the specified housing sites could age beyond 50 years during Project implementation, any future development facilitated on a site with buildings or structures aged 50 years or more having its original structural integrity intact would be required to comply with MM CUL-1, which requires the applicant to retain a qualified professional historian to determine whether the affected buildings or structures are historically significant. The housing sites affected by the proposed Project are in the Newport Center area, which is fully developed. Any surface and shallow subsurface archaeological deposits at the specified housing sites have likely been destroyed or heavily disturbed by previous development. However, future development facilitated by the proposed Project still has the potential to disturb and potentially destroy subsurface prehistoric/historic archaeological resources through grading and development; therefore, future development facilitated by the proposed Project would be subject to City Council Policy K-5, which requires preservation of significant archeological and tribal cultural resources, as set forth in SC CUL-1. Compliance with General Plan Policy HR 2.1, Policy HR 2.2, and Policy NR 18.1 requires new development projects to identify and protect important archaeological resources within the City. Specifically, General Plan Policy HR 2.1 and Policy NR 18.1 require new development to protect and preserve archaeological resources from destruction and avoid or mitigate impacts to such resources. General Plan Policy HR 2.2 would require any future development with the potential to affect archaeological resources to have a qualified archeologist on site to monitor all ground -disturbing activities and outline the procedure if such resources are found. General Plan Policy HR 2.3 and Policy NR 18.3 require the notification of cultural groups to proposed development adversely impacting cultural resources and permitting monitoring during grading. Additionally, Policy HR 2.4 and Policy NR 18.4 require any new development where on - site preservation is infeasible to donate archaeological resources to responsible institutions. Compliance with these City policies would ensure that future development facilitated by the proposed Project would protect and preserve archaeological and tribal resources from destruction. In addition to the noted General Plan policies, to ensure that archaeological resources are properly identified prior to construction of any future development facilitated by the proposed Project, MM CUL- 2 is required, which requires the preparation of an archaeological survey where deemed necessary by the City. Like the approved Project, following compliance with General Plan and Coastal Land Use Plan policies and MM CUL-2, the proposed Project's potential to cause a substantial adverse change in the significance of an archaeological resource would be reduced to a less than significant level. Conclusion. Accordingly, no new or substantially more severe significant environmental effects concerning cultural resources would occur beyond what was evaluated in the Final EIR. Additionally, no 12-49 Docusign Envelope ID: 2FA025FF-02F7-490D-B67E-DFEC9AD2E41D new information of substantial importance that was not known and could not have been known at the time the Final EIR was certified is available that would change the prior finding of less than significant. The Final EIR's findings apply to the proposed Project. Energy Approved Project Summary. The Final EIR concluded that the approved Project would have a less than significant impact concerning wasteful, inefficient, or unnecessary consumption of energy resources during construction or operations. Fuel consumption during construction of future housing development facilitated by the approved Project would not be any more inefficient, wasteful, or unnecessary than other residential developments. The energy consumption associated with the approved Project operations would occur from building energy (i.e., electricity and natural gas) use, water use, and transportation - related fuel use. Approved Project operations would not substantially affect existing energy or fuel supplies or resources. The approved Project would be required to adhere to all federal, State, and local requirements for energy efficiency, including the latest Title 24 standards. The future housing development facilitated by the approved Project would be required to comply with existing energy standards. The Final EIR concluded that compliance with State and local energy efficiency standards would ensure that the approved Project meets all applicable energy conservation policies and regulations and impacts were concluded to be less than significant. Proposed Project. The proposed Project would increase the maximum allowable height on specified housing sites but would not increase the residential development capacities of any housing sites or change their development areas, as assumed for the approved Project. Like the approved Project, any future development projects facilitated by the proposed Project would be required to adhere to all federal, State, and local requirements for energy efficiency, including the latest Title 24 standards. Any future housing development facilitated by the proposed Project would be required to comply with the existing energy standards, which would ensure that, like the approved Project, the proposed Project would not conflict with applicable plans for renewable energy or energy efficiency. Conclusion. Accordingly, no new or substantially more severe significant environmental effects concerning energy would occur beyond what was evaluated in the Final EIR. Additionally, no new information of substantial importance that was not known and could not have been known at the time the Final EIR was certified is available that would change the prior finding of less than significant. The Final EIR's findings apply to the proposed Project. Geology and Soils Approved Project Summary. The Final EIR concluded that the approved Project would result in no impact or less significant impacts concerning geology and soils. The approved Project would not directly or indirectly cause potential substantial adverse effects involving rupture of a known earthquake fault because no delineated Alquist-Priolo Earthquake Fault zones traverse the City. The City is within a seismically active area that could be subject to strong seismic ground shaking, with the highest risks originating from the Newport -Inglewood fault zone, the Whittier fault zone, the San Joaquin Hills fault zone, and the Elysian Park fault zone. Future residential development would be subject to the City's development review process and would be required to demonstrate consistency with General Plan policies, Municipal Code requirements, and seismic design standards required by the current California Building Code (CBC). The housing sites are in seismically active areas, and there are housing sites located in liquefaction and landslide hazard areas. Following compliance with the regulations for minimizing potential seismic impacts, including compliance with the CBC, the approved Project was found to have a less than significant impact concerning adverse effects involving strong seismic ground shaking and seismic -related ground failure. Future residential development facilitated by the approved Project could 12-50 Docusign Envelope ID: 2FA025FF-02F7-490D-B67E-DFEC9AD2E41D result in grading activities that would disrupt soil profiles, resulting in potential increased soil exposure to wind and rain. However, future residential development would be required to comply with applicable General Plan policies and Municipal Code regulations, the CBC, National Pollutant Discharge Elimination System (NPDES) permits, and the Regional Water Quality Control Board (RWQCB) Water Quality Control Plan and therefore would not result in substantial erosion or loss of topsoil. Some of the City's areas are susceptible to earthquake -induced landslides, lateral spreading, subsidence, liquefaction, and/or collapse. However, adherence to the CBC, the City's codes, and General Plan policies would ensure the maximum practicable protection for users of buildings and infrastructure and associated trenches, slopes, and foundations. The Final EIR found that the approved Project would have a less than significant impact concerning potential substantial adverse effects involving exposure to unstable geological units or soils. The City contains surficial soils and bedrock with fine-grained moderately to highly expansive components. The City's Building Code adopts the latest CBC regulations, which require geotechnical investigations that identify potentially unsuitable soil conditions and contain appropriate recommendations for foundation type and design criteria that conform to the analysis and implementation criteria described in Municipal Code Title 15, Building and Construction. General Plan Safety Element Policy S.4.7 requires that development not be located on unstable soils or geological units. Through compliance with applicable CBC requirements, General Plan Policy S.4.7, and Municipal Code Title 15 requirements, the approved Project would not create substantial direct or indirect risks to life or property due to a project located on expansive soils. Proposed Project. The proposed Project would increase the maximum allowable height on specified housing sites but would not increase the residential development capacities of any housing sites or change their development areas, as assumed for the approved Project. None of the 32 housing sites (see Table 1) affected by the proposed Project are located in the liquefaction or landslide hazard areas identified in Final EIR Table 4.6-1: Housing Sites Within Landslide Zones. Future residential development would be subject to the City's development review process and would be required to demonstrate consistency with General Plan policies, Municipal Code requirements, and seismic design standards required by the current CBC. Following compliance with applicable General Plan and Municipal Code policies and regulations, the CBC, NPDES permits, and the RWQCB Water Quality Control Plan, the proposed Project would result in a less than significant impact concerning geology and soils. Conclusion. Accordingly, no new or substantially more severe significant environmental effects concerning geology and soils would occur beyond what was evaluated in the Final EIR. Additionally, no new information of substantial importance that was not known and could not have been known at the time the Final EIR was certified is available that would change the prior finding of less than significant. The Final EIR's findings apply to the proposed Project. Greenhouse Gas Emissions Approved Project Summary. The Final EIR concluded that greenhouse gas (GHG) emissions would be significant and unavoidable. The approved Project would increase GHG emissions from the construction and operation of new housing. Projects would need to demonstrate compliance with the City's GHG thresholds. Due to the forecast population growth and GHG emissions associated with future housing development and the lack of specificity of future development, program -level GHG emissions impacts would be potentially significant and would not be mitigated to a less than significant level with MM GHG- 1. The approved Project would be consistent with the California Renewables Portfolio Standard Program, Senate Bill (SB) 100, Title 24 of the California Code of Regulations (CCR) (Energy Code and CALGreen), SB 375. RTP/SCS and recommendations of the State Attorney General, California Office of Planning and Research, and Climate Action Team. The approved Project would be consistent with applicable plans, 12-51 Docusign Envelope ID: 2FA025FF-02F7-490D-B67E-DFEC9AD2E41D policies, and regulations. However, due to the magnitude of the approved Project's GHG emissions, at a programmatic level of analysis, impacts would be significant and unavoidable, and no feasible mitigation measures exist to reduce this impact to a less than significant level. Proposed Project. The proposed Project would increase the maximum allowable height on specified housing sites but would not increase the residential development capacities of any housing sites or change their development areas, as assumed for the approved Project. The approved Project would increase GHG emissions from construction and operation of new housing, like the approved Project. Future residential development facilitated by the proposed Project would be subject to the City's development review process and would be required to demonstrate consistency with General Plan policies, Municipal Code requirements, and other applicable local and State requirements. A case -by -case review of future development provides flexibility to incorporate the latest analysis methods, technological advancements, mitigation options, and GHG significance thresholds (including using thresholds that meet the latest GHG reduction goals). Future housing projects on the specified sites would need to demonstrate compliance with the City's GHG thresholds. MM GHG-1 requires future housing development to conduct a project - level GHG emissions impact assessment and mitigate potentially significant emissions to the extent feasible. A future housing development project with GHG emissions below SCAQMD thresholds is considered to have a less than significant impact. Future housing development projects that are allowed "by right" (e.g., without a Conditional Use Permit, Planned Unit Development Permit, or other discretionary action) would be required to submit documentation to the City demonstrating GHG emissions would be less than significant or otherwise have to prepare CEQA documentation. Therefore, the proposed Project would result in a less than significant impact concerning GHG emissions. Conclusion. Accordingly, no new or substantially more severe significant environmental effects concerning GHG emissions would occur beyond what was evaluated in the Final EIR. Additionally, no new information of substantial importance that was not known and could not have been known at the time the Final EIR was certified is available that would change the prior finding of less than significant. The Final EIR's findings apply to the proposed Project. Hazards and Hazardous Materials Approved Project Summary. The Final EIR concluded that the approved Project would have no impact or a less than significant impact concerning hazards and hazardous materials, and no mitigation was required. As part of the approved Project's operations, hazardous materials would be limited to those associated with common household fertilizers, pesticides, paint, solvents, and petroleum products. Implementation of the approved Project would potentially create a hazard to the public or the environment through exposure to contaminated materials as a result of a previous hazardous material incident at a housing site or through the presence of asbestos -containing materials or lead -based paint. Residential development is typically not associated with the handling of hazardous materials, substances, or waste in significant quantities that would have an impact to surrounding schools, aside from construction activities. Through compliance with applicable laws, regulations, and General Plan policies, the approved Project would not create a hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials or reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment. None of the housing sites are included on a hazardous site list compiled pursuant to California Government Code Section 65962.5. Some housing sites are in the safety zones identified in the Airport Environs Land Use Plans (AELUP) for John Wayne Airport. Housing in AELUP Safety Zone 3 would be restricted to low -density residential uses consistent with the AELUP, and residential uses in Safety Zones 4 and 6 are considered less than significant. While future housing development in the City, including the 12-52 Docusign Envelope ID: 2FA025FF-02F7-490D-B67E-DFEC9AD2E41D Airport Area, would increase the number of residents and non-residents proximate to the John Wayne Airport, individual projects would be subject to development review by the City. Where a General Plan amendment, Specific Plan amendment, or a rezone is required, the project would also be subject to the review of the Airport Land Use Commission. Future development would increase housing density in some portions of the City, resulting in greater population concentrations within certain areas. However, the approved Project would not change the City's circulation network. No land uses are proposed that would impair the implementation of or physically conflict with the City's Emergency Management Plan. Future residential development facilitated by the approved Project in the Very High Fire Hazard Severity Zone (VHFHSZ) would result in higher fire -related risks to people and structures. Compliance with the California Fire Code, CBC, would reduce impacts to a less than significant level. Proposed Project. The proposed Project would increase the maximum allowable height on specified housing sites but would not increase the residential development capacities of any housing sites or change their development areas, as assumed for the approved Project. Like the approved Project, through compliance with applicable laws, regulations, and General Plan policies, the proposed Project would not create a hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials or reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment. As concluded in the Final EIR, none of the housing sites are included on a hazardous site list compiled pursuant to California Government Code Section 65962.5. None of the 32 housing sites affected by the proposed Project are located in the safety zones identified in the AELUP for John Wayne Airport. Future development would increase housing density in certain areas of the City, resulting in greater population concentrations within certain areas. However, the proposed Project would not change the City's existing circulation network. Like the approved Project, the proposed Project does not propose land uses that would impair the implementation of or physically conflict with the City's Emergency Management Plan. Further, none of the specified housing sites affected by the proposed Project are within the VHFHSZ. Therefore, the proposed Project would not create a significant hazard to the public or the environment, and a less than significant impact would occur. The Final EIR's findings apply to the proposed Project. Conclusion. Accordingly, no new or substantially more severe significant environmental effects concerning hazards and hazardous materials would occur beyond what was evaluated in the Final EIR. Additionally, no new information of substantial importance that was not known and could not have been known at the time the Final EIR was certified is available that would change the prior finding of less than significant. The Final EIR's findings apply to the proposed Project. Hydrology and Water Quality Approved Project Summary. The Final EIR found that there would be a less than significant impact concerning hydrology and water quality. Future residential development facilitated by the approved Project could result in potential impacts concerning water quality during earthwork and construction, following construction, and after completion. Future projects would be required to implement post - construction best management practices (BMPs) in project design to capture and treat runoff. Projects would be required to demonstrate consistency with the General Plan, Municipal Code, and Local Coastal Plan requirements, including those intended to protect water quality. Future housing development facilitated by the approved Project would result in an incrementally increased demand for groundwater as supplied by the City, Irvine Ranch Water District, and Mesa Water District. Future housing projects would be required to incorporate features that would reduce impervious 12-53 Docusign Envelope ID: 2FA025FF-02F7-490D-B67E-DFEC9AD2E41D areas as much as feasible and promote water infiltration and groundwater recharge. Compliance with General Plan Natural Resources policies would ensure water conservation and reduce potential impacts concerning groundwater supply. Compliance with the existing regulatory framework and General Plan policies would reduce, prevent, or minimize soil erosion from project -related grading and construction activities. Future housing development would be required to adhere to all federal, State, and local requirements for avoiding construction and operations impacts that could substantially alter the existing drainage pattern or the course of a stream or river, including the City's Erosion Control Section 15.10.130. Compliance with General Plan policies and Municipal Code requirements would minimize stormwater runoff and would not exceed the capacity of existing or planned stormwater drainage systems. Compliance with General Plan policies and Municipal Code requirements would reduce impacts concerning flood flows. Three housing sites (i.e., 133, 134, and 334 in the Dover-Westcliff Focus Area) are in tsunami -evacuation areas. The General Plan Safety Element establishes goals to minimize adverse effects of coastal hazards, including tsunamis. Future housing projects within tsunami evacuation areas would be covered by the established evacuation plan, including routes along the Balboa Peninsula and Mariner's Mile. Additionally, future projects would be required to adhere to all federal, State, and local requirements for avoiding and minimizing impacts concerning flood hazards, tsunamis, or seiches, including General Plan policies and Municipal Code regulations. The City is under the jurisdiction of the Santa Ana RWQCB, which establishes water quality control objectives and standards for both the region's surface and groundwater, as well as water quality discharge requirements. Under Santa Ana's RWQCB NPDES permit system, all existing and future municipal discharges to surface waters within the City would be subject to these regulations. Future development would be required to comply with NPDES standards and implement environmentally sustainable practices, including but not limited to water -efficient landscaping, energy -efficient water fixtures, and water quality BMPs to treat surface runoff from the future development sites. Proposed Project. The proposed Project would increase the maximum allowable height on specified housing sites but would not increase the residential development capacities of any housing sites or change their development areas, as assumed for the approved Project. Like the approved Project, future development facilitated by the proposed Project would be required to demonstrate consistency with General Plan, Municipal Code, and Local Coastal Program requirements, including those intended to protect water quality, groundwater supply, erosion control, and flood flows. The proposed Project would not increase the development capacities of any housing sites; therefore, it would not result in an increased demand for groundwater compared to the approved Project. None of the 32 sites affected by the proposed Project are within tsunami evacuation areas. Following compliance with applicable General Plan, Municipal Code, and Local Coastal Program policies and regulations, the proposed Project would result in a less than significant impact concerning hydrology and water quality. Conclusion. Accordingly, no new or substantially more severe significant environmental effects concerning hydrology and water quality would occur beyond what was evaluated in the Final EIR. Additionally, no new information of substantial importance that was not known and could not have been known at the time the Final EIR was certified is available that would change the prior finding of less than significant. The Final EIR's findings apply to the proposed Project. 12-54 Docusign Envelope ID: 2FA025FF-02F7-490D-B67E-DFEC9AD2E41D Land Use and Planning Approved Project Summary. The Final EIR concluded that there would be a less than significant impact concerning land use and planning. The approved Project would not result in the division of an established community because housing sites are located throughout the City rather than in a single concentrated area. The approved Project did not propose any major roadways that would traverse an existing community or neighborhood. The approved Project did not propose any changes to the existing General Plan land use categories that govern land uses within the City, including the five land use designations that solely accommodate residential development. No changes were proposed to the designations' densities or housing types. The approved Project did propose amendments to the General Plan Land Element goals and policies. However, upon approval, a less than significant impact concerning conflicts with Municipal Code plans and standards adopted for the purpose of avoiding or mitigating an environmental effect would occur. The approved Project was found to be consistent with applicable existing and proposed General Plan goals and policies and the Local Coastal Program's existing and proposed policies. Proposed Project. The proposed Project would increase the maximum allowable height on specified housing sites but would not increase the residential development capacities of any housing sites or change their development areas, as assumed for the approved Project. The proposed Project would not result in the division of an established community because it does not propose any major roadways that would traverse an existing community or neighborhood. The proposed Project involves a Zone Change to increase the maximum building heights on specified housing sites in the HO-4 Overlay Zoning District, as set forth in Municipal Code Chapter 20.28 and pending Chapter 21.28. The proposed Project is consistent with the General Plan's goals and objectives, including, but not limited to: • Policy LU 5.1.2 —Compatible Interfaces. Require that the height of development in nonresidential and higher density residential areas transition as it nears lower density residential areas to minimize conflicts at the interface between the different types of development. • Policy LU 6.14.4 — Newport Center/Fashion Island Development Scale. Reinforce the original design concept for Newport Center by concentrating the greatest building mass and height in the northeasterly section along San Joaquin Hills Road, where the natural topography is highest, and progressively scaling down building mass and height to follow the lower elevations toward the southwesterly edge along East Coast Highway. In addition, the proposed Project is consistent with the following Coastal Land Use Plan policies: • Policy 2.2.2-4. Implement building design and siting regulations to protect coastal resources and public access through height, setback, floor area, lot coverage, building bulk, and other property development standards of the Zoning Code intended to control building height. • Policy 2.7-1. Continue to maintain appropriate setbacks and density, floor area, and height limits for residential development to protect the character of established neighborhoods and to protect coastal access and coastal resources. • Policy 4.4.2-2. Continue to regulate the visual and physical mass of structures consistent with the unique character and visual scale of Newport Beach. • Policy 4.4.2-3. Implement the regulation of the building envelope to preserve public views through the height, setback, floor area, lot coverage, and building bulk regulation of the Zoning Code. 12-55 Docusign Envelope ID: 2FA025FF-02F7-490D-B67E-DFEC9AD2E41D The proposed Project would be consistent with or otherwise would not conflict with the identified General Plan goals and policies. Therefore, the proposed Project would not conflict with any land use plan, policy, or regulation adopted to mitigate an environmental effect. The findings of the Final EIR would, therefore, apply to the proposed Project. Conclusion. Accordingly, no new or substantially more severe significant environmental effects concerning land use and planning would occur beyond what was evaluated in the Final EIR. Additionally, no new information of substantial importance that was not known and could not have been known at the time the Final EIR was certified is available that would change the prior finding of less than significant. The Final EIR's findings apply to the proposed Project. Noise Approved Project Summary. The Final EIR concluded that with implementation of MM NOI-1, potential traffic noise impacts would remain significant and unavoidable. Impacts concerning construction noise, operational stationary noise, and vibration would be less than significant on a project -specific and cumulative basis. Implementation of MM NOI-1 and compliance with Municipal Code Section 20.30.080(F) would also reduce impacts concerning housing development near John Wayne Airport to a less than significant level. Proposed Project. The proposed Project would increase the maximum allowable height on specified housing sites but would not increase the residential development capacities of any housing sites or change their development areas, as assumed for the approved Project. The proposed Project would not intensify construction activities, increase traffic volumes, or use of stationary mechanical equipment beyond the levels evaluated in the Final EIR. As a result, project -level and cumulative noise level impacts of the proposed Project would be the same as under the approved Project, the same mitigation measures would apply, and no new mitigation measures are required. Conclusion. Accordingly, no new or substantially more severe significant environmental effects concerning noise would occur beyond what was evaluated in the Final EIR. Additionally, no new information of substantial importance that was not known and could not have been known at the time the Final EIR was certified is available that would change the prior finding of less than significant. The Final EIR's findings apply to the proposed Project. Population and Housing Approved Project Summary. The Final EIR found that the approved Project would have less than significant impacts on population and housing as it would not result in substantial unplanned population growth and would not displace people or housing. Additionally, the approved Project did not include the extension of roads or other infrastructure to unserved areas, which could induce indirect growth. The Final EIR concluded that the approved Project would not induce substantial unplanned growth but would accommodate projected growth in the region. The approved Project would be consistent with State and local land use plans and would not displace a substantial number of housing units requiring replacement. Proposed Project. The proposed Project would increase the maximum allowable height on specified housing sites but would not increase the residential development capacities of any housing sites or change their development areas, as assumed for the approved Project. Therefore, because the proposed Project would not result in additional residential units or non-residential square footage that would increase the onsite population compared to the approved Project, like the approved Project, the proposed Project would have less than significant impacts on population and housing. 12-56 Docusign Envelope ID: 2FA025FF-02F7-490D-B67E-DFEC9AD2E41D Conclusion. Accordingly, no new or substantially more severe significant environmental effects concerning population and housing would occur beyond what was evaluated in the Final EIR. Additionally, no new information of substantial importance that was not known and could not have been known at the time the Final EIR was certified is available that would change the prior finding of less than significant. The Final EIR's findings apply to the proposed Project. Public Services Approved Project Summary. The Final EIR concluded that the approved Project would have less than significant impacts concerning fire and police protection services and facilities, schools, parks, and other public facilities. Future housing development facilitated by the proposed Project could result in population growth of approximately 21,811 persons. Future housing would incrementally increase the demand for fire protection, emergency, police protection, school and library services. All future housing development would be subject to the City's development review process. At the program -level review, the Project would not result in a need for expanded or newly constructed facilities, and impacts associated with public services would be less than significant. Should construction of new facilities be required in the future, each would undergo site -specific environmental review. Proposed Project. The proposed Project would increase the maximum allowable height on specified housing sites but would not increase the residential development capacities of any housing sites or change their development areas, as assumed for the approved Project. Therefore, because the proposed Project would not result in additional residential units or non-residential square footage that would increase the onsite population and, consequently, the demand for public services, compared to the approved Project, the proposed Project would not substantially increase demand for public services and no significant impacts would occur. Conclusion. Accordingly, no new or substantially more severe significant environmental effects concerning public services would occur beyond what was evaluated in the Final EIR. Additionally, no new information of substantial importance that was not known and could not have been known at the time the Final EIR was certified is available that would change the prior finding of less than significant. The Final EIR's findings apply to the proposed Project. Recreation Approved Project Summary. The Final EIR found that the approved Project would have a less than significant impact concerning the accelerated physical deterioration of existing parks and the need to construct or expand existing recreational facilities, which would result in an adverse physical effect on the environment. An increase in City residents associated with the future development of housing sites would result in an increased demand for recreational facilities. Individual housing developments would occur over time. Where a future housing project includes the subdivision of land, the housing development would be required to provide land or in lieu fees for parks or recreation purposes to bear a reasonable relationship to the use of the park and recreational facilities by future inhabitants (Municipal Code Section 19.52.030: Use of Park Dedications and Fees). While there would be an increased use of parkland and recreational facilities resulting from the increase in residential population, the City provides for the maintenance and enhancement of parks and recreational facilities through various funding sources. Because of the City's commitment to maintaining and enhancing such facilities and exploring potential future funding sources, increased use of existing parks and recreational facilities would not result in substantial physical degradation. Proposed Project. The proposed Project would increase the maximum allowable height on specified housing sites but would not increase the residential development capacities of any housing sites or change their development areas, as assumed for the approved Project. Therefore, because the proposed Project 12-57 Docusign Envelope ID: 2FA025FF-02F7-490D-B67E-DFEC9AD2E41D would not result in additional residential units or non-residential square footage that would increase the onsite population and, consequently, the demand for recreational facilities, compared to the approved Project, the proposed Project would not increase the use of existing neighborhood or regional parks or other recreational facilities, nor does it require the construction or expansion of recreational facilities, which might have an adverse physical effect on the environment. Conclusion. Accordingly, no new or substantially more severe significant environmental effects concerning recreation would occur beyond what was evaluated in the Final EIR. Additionally, no new information of substantial importance that was not known and could not have been known at the time the Final EIR was certified is available that would change the prior finding of less than significant. The Final EIR's findings apply to the proposed Project. Transportation Approved Project Summary. The Final EIR found that the approved Project would have a less than significant impact concerning transportation. Following compliance with Circulation Element policies and Municipal Code regulations, the approved Project's potential to conflict with a program, plan, ordinance, or policy addressing the circulation system, including transit, roadways, bicycle, and pedestrian facilities, would be less than significant. The existing citywide VMT per service population (VMT/SP) for Newport Beach is 30.9, whereas the approved Project's VMT/SP is 30.3, which is a 0.6 VMT/SP decrease from existing conditions. This suggests that the approved Project would decrease the amount of travel per individual that is forecast to occur compared to the existing conditions and the 2006 General Plan Buildout VMT. This is because the approved Project would develop more housing near where employment is located, reducing Citywide VMT/SP compared to the 2006 General Plan Baseline (Buildout Land Use). While Project implementation would decrease the Citywide VMT/SP, the VMT/SP varies for each individual Traffic Analysis Zone (TAZ). Future housing projects would be evaluated to determine if the VMT screening criteria are met. The Final EIR concluded that potential VMT impacts could be mitigated through compliance with MM TRANS-1, which outlines VMT-reduction measures for future projects that cannot be screened out from the VMT analysis process. The approved Project did not propose any changes to the existing roadway network. Future site -specific development would be subject to the City's development review process, including design and engineering reviews to ensure roads and access are configured in a manner consistent with established roadway design standards. Future housing development would be required to comply with applicable building and fire safety regulations required for the design of new housing and emergency access and would be required to adhere to applicable State and local requirements. Proposed Project. The proposed Project would increase the maximum allowable height on specified housing sites but would not increase the residential development capacities of any housing sites or change their development areas, as assumed for the approved Project. As such, no new trips would be added by the proposed Project. Further, the proposed Project does not conflict with a program, plan, ordinance, or policy addressing the circulation system, including transit, roadway, bicycle, and pedestrian facilities. The proposed Project does not propose any changes to the existing roadway network. Future site -specific development would be subject to the City's development review process, which would include design and engineering reviews to ensure roads and access are configured consistent with established roadway design standards, MM TRANS-1, and applicable building and fire safety regulations. Therefore, following compliance with MM TRANS-1, the proposed Project would have a less than significant impact concerning transportation. Conclusion. Accordingly, no new or substantially more severe significant environmental effects concerning transportation would occur beyond what was evaluated in the Final EIR. Additionally, no new 12-58 Docusign Envelope ID: 2FA025FF-02F7-490D-B67E-DFEC9AD2E41D information of substantial importance that was not known and could not have been known at the time the Final EIR was certified is available that would change the prior finding of less than significant. The Final EIR's findings apply to the proposed Project. Tribal Cultural Resources Approved Project Summary. The Final EIR concluded that the approved Project would have a less than significant impact on tribal cultural resources with mitigation incorporated. In compliance with SB 18, AB 52, and the State Native American Heritage Commission, the City sent letters to multiple Native American tribal representatives who may have knowledge regarding tribal cultural resources in the City. The City received one response. The Gabrieleno Band of Mission Indians— Kizh Nation responded on April 13, 2023, noting their concurrence with the approved Project but would request consultation on future projects. Future development facilitated by the Project would be subject to City Council Policy K-5, which requires preserving significant archeological and tribal cultural resources, as outlined in SC CUL-1. Additionally, compliance with these City policies would ensure that future development facilitated by the approved Project would protect and preserve archaeological and tribal resources from destruction during new development construction facilitated by the approved Project. This impact would be mitigated to a less than significant level with MMs TCR-1 and TCR-2. Proposed Project. The proposed Project would increase the maximum allowable height on specified housing sites but would not increase the residential development capacities of any housing sites or change their development areas, as assumed for the approved Project. The proposed Project would not result in or facilitate additional demolition, changes in the excavation area, or other changes in ground disturbance compared to the approved Project. Therefore, impacts concerning tribal cultural resources would be the same as under the approved Project. Therefore, like the approved Project, the proposed Project's compliance with MM TCR-1 and MM TCR-2 would reduce potential impacts concerning tribal cultural resources to less than significant. Conclusion. Accordingly, no new or substantially more severe significant environmental effects concerning tribal cultural resources would occur beyond what was evaluated in the Final EIR. Additionally, no new information of substantial importance that was not known and could not have been known at the time the Final EIR was certified is available that would change the prior finding of less than significant. The Final EIR's findings apply to the proposed Project. Utilities and Service Systems Approved Project Summary. The Final EIR found that because the Urban Water Management Plans for the City, Irvine Ranch Water District, and Mesa Water did not account for the population growth associated with the approved Project, it could not be determined if there would be sufficient water supplies available to serve future development facilitated by the approved Project and reasonably foreseeable future development during normal, dry, and multiple dry years. Despite compliance with federal, State, and local requirements, the Final EIR concluded that the water demands from future development facilitated by the approved Project would result in a significant and unavoidable impact concerning water supply. All other impacts concerning utilities and service systems were found to be less than significant, and no mitigation was required. Proposed Project. The proposed Project would increase the maximum allowable height on specified housing sites but would not increase the residential development capacities of any housing sites or change their development areas, as assumed for the approved Project. Therefore, the proposed Project would not increase the onsite service population and/or utilities demand. The proposed Project would not result in new significant impacts or a substantial increase in the impacts identified in the Final EIR, and impacts concerning utilities and service systems would be the same as under the approved Project. 12-59 Docusign Envelope ID: 2FA025FF-02F7-490D-B67E-DFEC9AD2E41D Conclusion. Accordingly, no new or substantially more severe significant environmental effects concerning utilities and service systems would occur beyond what was evaluated in the Final EIR. Additionally, no new information of substantial importance that was not known and could not have been known at the time the Final EIR was certified is available that would change the prior finding of less than significant. The Final EIR's findings apply to the proposed Project. Wildfire Approved Project Summary. The Final EIR found that impacts concerning wildfire would be less than significant with mitigation incorporated. Of the 247 housing sites, two sites are within a VHFHSZ area. The remainder of the sites are not in or near a VHFHSZ area. These two housing sites would be required to go through the City's development review and permitting process and would be required to comply with the regulations and measures described above (see Public Services) to maintain adequate availability of emergency services during an emergency response or an emergency evacuation. Future residential development in VHFHSZs would be subject to Section 4908 of the 2022 CFC, which requires compliance with the State Responsibility Area Fire Safe Development Regulations specified in Title 14. Development within or adjacent to areas designated as VHFHSZ can potentially exacerbate wildfire risk, particularly in areas with steep topography and/or prevailing winds, as these conditions contribute to the spread of wildfires. Adherence to mandatory fire prevention requirements and regulations, including the California Fire Code Chapter 49, Requirements for WUI Fire Areas, would require applicants to prepare a fire protection plan for any sites in the VHFHSZ or WUI areas. These impacts would be mitigated to less than significant with MM W-1. The need to install and maintain new infrastructure (e.g., roads, fuel breaks, emergency water resources, power lines, or other utilities) would be evaluated as part of the development permit review process. Potential impacts associated with infrastructure improvements, including any required fire safety measures, would be identified. Applicants would be required to address wildfire exposure by complying with the wildfire protection building construction requirements contained in the then -current CBC, including Chapter 7A, California Residential Code, Section R327, and California Referenced Standards Code, Chapter 12-7A. The natural environment of the wildland-urban Interface (WUI) sites indicates people and structures are highly prone to wildfires and downslope or downstream flooding due to runoff, post -fire instability, or drainage. Future housing development would be subject to development review by the City. Each development would be engineered and constructed to maximize stability and preclude safety hazards to on -site and adjacent areas. Adherence to State and City codes and emergency and evacuation plans set by the City and County would prevent impacts to people or structures from significant risks, including downslope or downstream flooding or landslides, as a result of runoff, post -fire slope instability, or drainage changes. Proposed Project. The proposed Project would not affect the two housing sites within the VHFHSZ. Therefore, no impacts concerning wildfire would occur as a result of the proposed Project. Conclusion. Accordingly, no new or substantially more severe significant environmental effects concerning wildfire would occur beyond what was evaluated in the Final EIR. Additionally, no new information of substantial importance that was not known and could not have been known at the time the Final EIR was certified is available that would change the prior finding of less than significant. The Final EIR's findings apply to the proposed Project. 12-60 Docusign Envelope ID: 2FA025FF-02F7-490D-B67E-DFEC9AD2E41D Attachment A Mitigation Monitoring and Reporting Program 12-61 Docusign Envelope ID: 2FA025FF-02F7-490D-B67E-DFEC9AD2E41D MITIGATION MONITORING AND REPORTING PROGRAM THE CITY OF NEWPORT BEACH GENERAL PLAN HOUSING IMPLEMENTATION PROGRAM (STATE CLEARINGHOUSE NO. 2023060699) PA2022-0245 Prepared for Prepared by A P R I L 2024 City of Newport Beach Community Development Department 100 Civic Center Drive Newport Beach, California 92660 Kimley-Horn and Associates, Inc. 1 100 W. Town & Country Road, Suite 700 Orange, California 92868 Kimley)))Horn Docusign Envelope ID: 2FA025FF-02F7-490D-B67E-DFEC9AD2E41D City of Newport Beach General Plan Housing Implementation Program Mitigation Monitoring and Reporting Program PURPOSE OF MITIGATION MONITORING AND REPORTING PROGRAM The California Environmental Quality Act (CEQA) requires that all public agencies establish monitoring and/or reporting procedures for mitigation adopted as conditions of approval in order to mitigate or avoid significant environmental impacts. This Mitigation Monitoring and Reporting Program (MMRP) has been developed to provide a vehicle by which to monitor the Mitigation Program outlined in the City of Newport Beach General Plan Housing Implementation Program Final Program Environmental Impact Report (EIR), State Clearinghouse No. 2023060699. The MMRP has been prepared in conformance with Section 21081.6 of the Public Resources Code. Specifically, Section 21081.6 states: (a) When making findings required by paragraph (1) of subdivision (a) of Section 21081 or when adopting a mitigated negative declaration pursuant to paragraph (2) of subdivision (c) of Section 21080, the following requirements shall apply: (1) The public agency shall adopt a reporting or monitoring program for the changes made to the project or conditions of project approval, adopted in order to mitigate or avoid significant effects on the environment. The reporting or monitoring program shall be designed to ensure compliance during project implementation. For those changes which have been required or incorporated into the project at the request of a responsible agency or a public agency having jurisdiction by law over natural resources affected by the project, that agency shall, if so requested by the lead or responsible agency, prepare and submit a proposed reporting or monitoring program. (2) The lead agency shall specify the location and custodian of the documents or other material which constitute the record of proceedings upon which its decision is based. CEQA Guidelines Section 15097 provides clarification of mitigation monitoring and reporting requirements and guidance to local lead agencies on implementing strategies. The reporting or monitoring program must be designed to ensure compliance during project implementation. The City of Newport Beach is the Lead Agency for the Project and is therefore responsible for ensuring the implementation of the MMRP. The MMRP has been drafted to meet the requirements of Public Resources Code Section 21081.6 as a fully enforceable monitoring program. BACKGROUND The Mitigation Program identified in the Program EIR outlines General Plan Policies, Coastal Land Use Plan Policies, standard conditions of approval, and mitigation measures for which implementation of future housing development associated with the proposed Project would be consistent with. The MMRP defines the following for each Mitigation Program element: ■ Definition. The Mitigation Program element contains the criteria for mitigation, either in the form of adherence to certain adopted regulations or identification of the steps to be taken in mitigation. ■ Time Frame. In each case, a time frame is provided for performance of the mitigation or the review of evidence that mitigation has taken place. The performance points selected are designed City of Newport Beach 1 12-63 Docusign Envelope ID: 2FA025FF-02F7-490D-B67E-DFEC9AD2E41D City of Newport Beach General Plan Housing Implementation Program Mitigation Monitoring and Reporting Program to ensure that impact -related components of Project implementation do not proceed without establishing that the mitigation is implemented or ensured. All activities are subject to the approval of all required permits from agencies with permitting authority over the specific activity. ■ Monitoring/Reporting Method. The actions required to ensure the measure is implemented are noted. ■ Responsible Party or Designated Representative. Unless otherwise indicated, an applicant would be the responsible party for implementing the mitigation, and the City Newport Beach or designated representative would be responsible for monitoring the performance and implementation of the mitigation measure. To guarantee that the mitigation will not be inadvertently overlooked, a supervising public official acting as the Designated Representative is the official who grants the permit or authorization called for in the performance. Where more than one official is identified, permits or authorization from all officials shall be required. The last column of the MMRP table will be used by the parties responsible for documenting when implementation of the measure has been completed. The ongoing documentation and monitoring of mitigation compliance will be completed by the City of Newport Beach. The completed MMRP and supplemental documents will be kept on file at the City of Newport Beach Community Development Department. The mitigation measures and/or the performance standards of the mitigation measures identified in the City of Newport Beach General Plan Housing Implementation Program EIR would be implemented as part of consideration of subsequent projects within the City. Implementation would consist of determining whether subsequent projects are consistent with the General Plan, utilization of policies and action items as conditions of approval and/or mitigation measures and any applicable City -initiated planning activities. City of Newport Beach `a 12-64 Docusign Envelope ID: 2FA025FF-02F7-490D-B67E-DFEC9AD2E41D City of Newport Beach General Plan Housing Implementation Program Mitigation Monitoring and Reporting Program City of Newport Beach General Plan Housing Implementation Program Mitigation Monitoring and Reporting Program General Plan Policies, Local Coastal Program Coastal Land Responsible Party for Verification Use Plan (Local Coastal Program) Policies, Mitigation Measures (MM)/Conditions of Implementation Implementation/ Impact Thresholds Regulatory Requirements Approval Timing Approval Date Finitials 4.1: Aesthetics Threshold 4.1-1: Have a General Plan Land Use (LU) Element Policies: LU 6.5.5 (Banning No mitigation. substantial adverse effect on a Ranch) scenic vista. General Plan Natural Resources (NR) Element Policies: NR 20.1, NR 20.2, NR 20.3, NR 20.4, NR 23.1, NR 23.2, NR 23.3 Local Coastal Program Policies: 4.4.1-2, 4.4.1-3, 4.4.1-4, 4.4.1-5, 4.4.1-7, 4.4.3-1 Municipal Code: Chapter 20.30; Chapter 20.52 Section 20.52.080; Chapter 21.30 Threshold 4.1-2: Conflict with General Plan Land Use (LU) Element Policies: LU 3.2, LU 5.1.2, LU No mitigation. applicable zoning and other 5.1.6, LU 5.1.9 (Not applicable to Newport Center and Airport regulations governing scenic Area), LU 5.3.1, LU 5.3.3, LU 5.3.5, LU 5.3.6, LU 5.6.1, LU 6.10.2 quality. (Cannery Village), Policy LU 6.14.4 (Newport Center), LU 6.15.3 (Airport Area), LU 6.15.6 (Airport Area), LU 6.15.22 (Airport Area), LU 6.15.27 (Airport Area), LU 6.16.6, LU 6.17.3 (West Newport), LU 6.18.3 (West Newport), LU 6.19.7 (Mariners' Mile), LU 6.19.8 (Mariners' Mile), LU 6.19.9 (Mariners' Mile), LU 6.19.12 (Mariners' Mile) General Plan Natural Resources (NR) Element Policies: NR 20.3, NR 21.1, NR 23.6 Local Coastal Program Policies: 4.4.1-8, 4.4.2-4, 4.4.4-1, 4.4.4-6 Municipal Code: Chapter 20.30; Chapter 20.52 Section 20.52.080; Chapter 21.30; City of Newport Beach Multi -Unit Objective Design Standards Threshold 4.1-3: Create a new General Plan Land Use (LU) Element Policies: LU 5.6.2, LU 5.6.3 Regarding Banning Ranch, consistent with the City of source of substantial light or Municipal Code: Chapter 20.30 Section 21.30.070; City of Newport Newport Beach General Plan Program EIR, there are no glare which would adversely Beach Multi -Unit Objective Design Standards feasible mitigation measures to reduce this impact to a affect day or nighttime views in less than significant level. No mitigation is required for the area. the other housing sites. City of Newport Beach 12-65 Docusign Envelope ID: 2FA025FF-02F7-490D-B67E-DFEC9AD2E41D City of Newport Beach General Plan Housing Implementation Program Mitigation Monitoring and Reporting Program City of Newport Beach General Plan Housing Implementation Program Mitigation Monitoring and Reporting Program General Plan Policies, Local Coastal Program Coastal Land Responsible Party for Verification Use Plan (Local Coastal Program) Policies, Mitigation Measures (MM)/Conditions of Implementation Implementation/ Impact Thresholds Regulatory Requirements Approval Timing Approval Date Finitials 4.2: Air Quality Threshold 4.2-1: Conflict with or General Plan Natural Resources (NR) Element Policies: NR 6.1, NR There are no feasible mitigation measures to reduce this obstruct implementation of the 6.3, NR 7.1, NR 7.2, NR 8.1 impact to a less than significant level. applicable air quality plan. Municipal Code: Chapter 15.19 South Coast Air Quality Management District (SCAQMD) Rules and Regulations: Rule 401, Rule 402, Rule 403, Rule 445, Rule 1113, Rule 1120, Rule 1143 Threshold 4.2-2: Result in a General Plan Natural Resources (NR) Element Policies: NR 6.1, NR There are no feasible mitigation measures to reduce this cumulatively considerable net 6.3, NR 7.1, NR 7.2, NR 8.1 impact to a less than significant level. increase of any criteria pollutant Municipal Code: Chapter 15.19 for which the project region is in nonattainment under an South Coast Air Quality Management District (SCAQMD) Rules applicable federal or State and Regulations: Rule 401, Rule 402, Rule 403, Rule 445, Rule ambient air quality standard. 1113, Rule 1120, Rule 1143 Threshold 4.2-3: Expose General Plan Natural Resources (NR) Element Policies: NR 6.1, NR Note: There are no feasible mitigation measures to If found to be City of Newport Beach sensitive receptors to 6.3, NR 7.1, NR 7.2, NR 8.1 reduce this impact to a less than significant level. The applicable on a Community substantial pollutant Municipal Code: Chapter 15.19 following mitigation measure is applicable. project -specific basis Development concentrations. South Coast Air Quality Management District (SCAQMD) Rules MM AQ-1: A project -specific Health Risk Assessment for future housing on the identified housing Department and Regulations: Rule 401, Rule 402, Rule 403, Rule 445, Rule shall be conducted for future residential development sites. 1113, Rule 1120, Rule 1143 proposed within 500 feet of the State Route 73 right-of- way, pursuant to the recommendations set forth in the Preparation during California Air Resources Board (CARB) Air Quality and development review Land Use Handbook. The Health Risk Assessment shall process. evaluate a project per the following South Coast Air Quality Management District (SCAQMD) thresholds: ■ Cancer Risk: Emit carcinogenic or toxic contaminants that exceed the maximum individual cancer risk of 10 in one million. ■ Non -Cancer Risk: Emit toxic contaminants that exceed the maximum hazard quotient of one in one million. The SCAQMD has also established non -carcinogenic risk parameters for use in HRAs. Noncarcinogenic risks are City of Newport Beach 12-66 Docusign Envelope ID: 2FA025FF-02F7-490D-B67E-DFEC9AD2E41D City of Newport Beach General Plan Housing Implementation Program Mitigation Monitoring and Reporting Program City of Newport Beach General Plan Housing Implementation Program Mitigation Monitoring and Reporting Program General Plan Policies, Local Coastal Program Coastal Land Responsible Party for Verification Use Plan (Local Coastal Program) Policies, Mitigation Measures (MM)/Conditions of Implementation Implementation/ Impact Thresholds Regulatory Requirements Approval Timing Approval Date Initials quantified by calculating a "hazard index," expressed as the ratio between the ambient pollutant concentration and its toxicity or Reference Exposure Level (REL). An REL is a concentration at or below which health effects are not likely to occur. A hazard index less of than one (1.0) means that adverse health effects are not expected. If projects are found to exceed the SCAQMD's Health Risk Assessment thresholds, mitigation shall be incorporated to reduce impacts to below SCAQMD thresholds. Threshold 4.2-4: Result in other General Plan Natural Resources (NR) Element Policies: NR 7.2, NR No mitigation. emissions (such as those leading 8.1 to odors) adversely affecting a South Coast Air Quality Management District (SCAQMD) Rules substantial number of people. and Regulations: Rule 402 4.3: Biological Resources Threshold 4.3-1: Have a General Plan Natural Resources (NR) Element Policies: NR 10.3, SC BIO-1: Prior to the commencement of any proposed Prior to the City of Newport Beach substantial adverse effect, NR 10.4, NR 10.5, NR 10.6, NR 10.7, NR 10.9 (Banning Ranch) actions (e.g., site clearing, demolition, grading) during commencement of Community either directly or through General Plan Safety (S) Element Policies: S 6.3, S 6.4, S 6.5 the breeding/nesting season (September 1 through any proposed actions Development habitat modifications, on any February 15), a qualified biologist shall conduct a (e.g., site clearing, Department species identified as a Local Coastal Program Policies: 4.1.1-13 preconstruction survey(s) to identify any active nests in demolition, grading) candidate, sensitive, or special- Municipal Code: Chapter 13.08, 21.30, 21.20B, 21.52 and adjacent to the project site no more than three days during the status species in local or Federal and State Regulatory Requirements determined on prior to initiation of the action. Costs associated with the breeding/nesting regional plans, policies, or project -specific basis biologist shall be the responsibility of the project season (September 1 regulations, or by the CDWG or applicant. If the biologist does not find any active nests through February 15) USFWS. that would be potentially impacted, the proposed action may proceed. However, if the biologist finds an active nest within or directly adjacent to the action area (within 100 feet) and determines that the nest may be impacted, the biologist shall delineate an appropriate buffer zone around the nest using temporary plastic fencing or other suitable materials, such as barricade tape and traffic cones. The buffer zone shall be determined by the biologist in consultation with applicable resource agencies and in consideration of species sensitivity and City of Newport Beach 12-67 Docusign Envelope ID: 2FA025FF-02F7-490D-B67E-DFEC9AD2E41D City of Newport Beach General Plan Housing Implementation Program Mitigation Monitoring and Reporting Program City of Newport Beach General Plan Housing Implementation Program Mitigation Monitoring and Reporting Program General Plan Policies, Local Coastal Program Coastal Land Responsible Party for Verification Use Plan (Local Coastal Program) Policies, Mitigation Measures (MM)/Conditions of Implementation Implementation/ Impact Thresholds Regulatory Requirements Approval Timing Approval Date Initials existing nest site conditions, and in coordination with the construction contractor. The qualified biologist shall serve as a construction monitor during those periods when construction activities occur near active nest areas to ensure that no inadvertent impacts on these nests occur. Only specified construction activities (if any) approved by the qualified biologist shall take place within the buffer zone until the nest is vacated. At the discretion of the qualified biologist, activities that may be prohibited within the buffer zone include but not be limited to grading and tree clearing. Once the nest is no longer active and upon final determination by the biologist, the proposed action may proceed within the buffer zone. The qualified biologist shall prepare a survey report/memorandum summarizing his/her findings and recommendations of the preconstruction survey. Any active nests observed during the survey shall be mapped on a current aerial photograph, including documentation of GPS coordinates, and included in the survey report/memorandum. The completed survey report/memorandum shall be submitted to the City of Newport Beach Community Development Department prior to construction -related activities that have the potential to disturb any active nests during the nesting season. MM BIO-1: Applications for future housing development If found to be City of Newport Beach facilitated by the Project, where the City has determined applicable on a Community a potential for impacts to special -status wildlife and project -specific basis Development Director plants species, shall be required to comply with the for future housing on following mitigation framework: the identified housing Prior to the issuance of any permit for future sites. development consistent with the Project, a site -specific Submittal during general biological resources survey shall be conducted to development review City of Newport Beach 12-68 Docusign Envelope ID: 2FA025FF-02F7-490D-B67E-DFEC9AD2E41D City of Newport Beach General Plan Housing Implementation Program Mitigation Monitoring and Reporting Program City of Newport Beach General Plan Housing Implementation Program Mitigation Monitoring and Reporting Program General Plan Policies, Local Coastal Program Coastal Land Responsible Party for Verification Use Plan (Local Coastal Program) Policies, Mitigation Measures (MM)/Conditions of Implementation Implementation/ Impact Thresholds Regulatory Requirements Approval Timing Approval Date Initials identify the presence of any sensitive biological process; Prior to resources, including any sensitive plant or wildlife issuance of first species. A biological resources report shall be submitted permit. to the City to document the results of the biological resources survey. The report shall include (1) the methods used to determine the presence of sensitive biological resources; (2) vegetation mapping of all vegetation communities and/or land cover types; (3) the locations of any sensitive plant or wildlife species; (4) an evaluation of the potential for occurrence of any listed, rare, and narrow endemic species; and (5) an evaluation of the significance of any potential direct or indirect impacts from the proposed project. If potentially significant impacts to sensitive biological resources are identified, future project site grading and site plans shall incorporate project design features required by the applicant to minimize direct impacts on sensitive biological resources to the extent feasible, and the report shall also recommend appropriate mitigation to be implemented by the applicant to reduce the impacts to below a level of significance. The project design features shall be submitted to the Community Development Director or their designee for review and approval. Threshold 4.3-2: Have a General Plan Natural Resources (NR) Element Policies: NR 10.3, MM BIO-1 would apply. If found to be City of Newport Beach substantial adverse effect on NR 10.4, NR 10.5, NR 10.6, NR 10.7, NR 10.9 (Banning Ranch) applicable on a Community any riparian habitat or other Local Coastal Program Policies: 4.1.1-13 project -specific basis Development Director sensitive natural community for future housing on identified in local or regional Municipal Code: Chapter 13.08, 21.30, 21.20B, 21.52 the identified housing plans, policies, regulations or by Federal and State Regulatory Requirements determined on sites. the California Department of project -specific basis Submittal during Fish and Wildlife Service or U.S. development review Fish and Wildlife Service. process; Prior to City of Newport Beach 12-69 Docusign Envelope ID: 2FA025FF-02F7-490D-B67E-DFEC9AD2E41D City of Newport Beach General Plan Housing Implementation Program Mitigation Monitoring and Reporting Program City of Newport Beach General Plan Housing Implementation Program Mitigation Monitoring and Reporting Program General Plan Policies, Local Coastal Program Coastal Land Responsible Party for Verification Use Plan (Local Coastal Program) Policies, Mitigation Measures (MM)/Conditions of Implementation Implementation/ Impact Thresholds Regulatory Requirements Approval Timing Approval Date Initials issuance of first permit. Threshold 4.3-3: Have a General Plan Natural Resources (NR) Element Policies: NR 10.3, No mitigation. substantial adverse effect on NR 10.4, NR 10.5, NR 10.6, NR 10.9 (Banning Ranch), NR 13.1, NR State or federally protected 13.2 wetlands (including, but not Local Coastal Program Policies: 2.1.7-2, 2.2.1-2 limited to, marsh, vernal pool, coastal, etc.) through direct Municipal Code: Chapter 13.08, 21.30, 21.20B, 21.52 removal, filling, hydrological Federal and State Regulatory Requirements determined on interruption, or other means. project -specific basis Threshold 4.3-4: Interfere General Plan Natural Resources (NR) Element Policies: NR 10.3, No mitigation. substantially with the NR 10.4, NR 10.9 (Banning Ranch) movement of any native or Municipal Code: Chapter 7.26 migratory fish or wildlife species; inhibit established Federal and State Regulatory Requirements determined on native resident or migratory fish project -specific basis or wildlife corridors; or impede the use of native wildlife nursery sites. Threshold 4.3-5: Conflict with General Plan Natural Resources (NR) Element Policies: NR 10.3, No mitigation. any local policies or ordinances NR 10.4, NR 10.5, NR 10.6, NR 10.7, NR 10.9 (Banning Ranch), NR protecting biological resources, 13.1, NR 13.2 such as a tree preservation General Plan Safety (S) Element Policies: S 6.3, S 6.4, S 6.5 policy or ordinance. Local Coastal Program Policies: 2.1.7-2, 2.2.1-2, 2.8.8-1, 2.8.8-2, 2.8.8-4, 4.1.1-2, 4.1.1-3, 4.1.1-6, 4.1.1-13, 4.1.1-17, 4.3-8 Threshold 4.3-6: Conflict with General Plan Natural Resources (NR) Element Policies: NR 10.3, No mitigation. the provisions of an adopted NR 10.4 Habitat Conservation Plan, Local Coastal Program Policies: 4.1.1-2, 4.1.1-3, 4.1.1-13, 4.1.1-17, Natural Community 4.3-8 Conservation Plan, or other approved local, regional, or Municipal Code: Chapter 13.08, 21.30, 21.20B, 21.52 State habitat conservation plan. City of Newport Beach 12-70 Docusign Envelope ID: 2FA025FF-02F7-490D-B67E-DFEC9AD2E41D City of Newport Beach General Plan Housing Implementation Program Mitigation Monitoring and Reporting Program City of Newport Beach General Plan Housing Implementation Program Mitigation Monitoring and Reporting Program General Plan Policies, Local Coastal Program Coastal Land Responsible Party for Verification Use Plan (Local Coastal Program) Policies, Mitigation Measures (MM)/Conditions of Implementation Implementation/ Impact Thresholds Regulatory Requirements Approval Timing Approval Date Initials Federal and State Regulatory Requirements determined on project -specific basis 4.4: Cultural Resources Threshold 4.4-1: Cause a General Plan Historical Resources (HR) Element Policies: HR 1.2, Note: There are no feasible mitigation measures to If found to be Project Applicant substantial adverse change in HR 1.4, HR 1.5, HR 1.6, HR 1.7 reduce this impact to a less than significant level. The applicable on a the significance of a historical General Plan Land Use (LU) Element Policies: LU 6.8.6 following mitigation measure is applicable. project -specific basis City of Newport Beach resource pursuant to Section 15064.5. Local Coastal Program Policies: 4.5.1-1, 4.5.1-2, 4.5.1-4 MM CUL-1: Applications for future development for future housing on the identified housing Community Development Director facilitated by the Project, where the City has determined Municipal Code: Chapter 21.20.105 a potential for impacts to historic resources, shall be sites. Newport Beach City Council Policy Manual: Places of Historical required to comply with the following mitigation Determination made and Architectural Significance (K-2) framework: during development For any building/structures in excess of 50 years of age review process; having its original structural integrity intact, the applicant Submittal of report as shall retain a qualified professional historian to part of CEQA review. determine whether the affected building/structure is historically significant. The evaluation of historic architectural resources shall be based on criteria such as age, location, context, association with an important person or event, uniqueness, or structural integrity, as indicated in State CEQA Guidelines Section 15064.5. A historical resource report shall be submitted by the applicant to the City and shall include the methods used to determine the presence or absence of historical resources, identify potential impacts from the proposed project, and evaluate the significance of any historical resources identified. Threshold 4.4-2 : Cause a General Plan Historical Resources (HR) Element Policies: HR 2.1, SC CUL-1: In compliance with City Council Policy K-5, If found to be City of Newport Beach substantial adverse change in HR 2.2, HR 2.3, HR 2.4 prior to the issuance of a grading permit by the City of applicable on a Community the significance of an General Plan Natural Resources (NR) Element Policies: NR 18.1, Newport Beach, the Applicant shall retain a qualified project -specific basis Development Director archaeological resource NR 18.3, NR 18.4 archaeologist to periodically monitor ground -disturbing for future housing on pursuant to Section 15064.5. activities onsite and provide documentation of such the identified housing retention to the City of Newport Beach Community sites. Development Director. The archaeologist shall train City of Newport Beach 12-71 Docusign Envelope ID: 2FA025FF-02F7-490D-B67E-DFEC9AD2E41D City of Newport Beach General Plan Housing Implementation Program Mitigation Monitoring and Reporting Program City of Newport Beach General Plan Housing Implementation Program Mitigation Monitoring and Reporting Program General Plan Policies, Local Coastal Program Coastal Land Responsible Party for Verification Use Plan (Local Coastal Program) Policies, Mitigation Measures (MM)/Conditions of Implementation Implementation/ Impact Thresholds Regulatory Requirements Approval Timing Approval Date Initials Local Coastal Program Policies: 4.5.1-1, 4.5.1-2, 4.5.1-3, 4.5.1-4, project construction workers on the types of During the 4.5.1-5 archaeological resources that could be found in site soils. development review Municipal Code: Municipal Code: Chapter 21.20.105 The archaeologist shall periodically monitor project ground -disturbing activities. During construction process; Compliance with City requirements Newport Beach City Council Policy Manual: Paleontological and activities, if Native American resources (i.e., Tribal for archaeological, Archaeological Resource Protection Guidelines (K-5). Cultural Resources) are encountered, a Cultural Resource paleontological, and Monitoring and Discovery Plan (CRMDP) shall be created tribal cultural and implemented to lay out the proposed personnel, resources. Monitoring methods, and avoidance/recovery framework for tribal during ground cultural resources monitoring and evaluation activities disturbing activities. within the project area. A consulting Native American tribe shall be retained and compensated as a consultant/monitor for the project site from the time of discovery to the completion of ground disturbing activities to monitor grading and excavation activities. If archaeological resources are encountered, all construction work within 50 feet of the find shall cease, and the archaeologist shall assess the find for importance and whether preservation in place without impacts is feasible. Construction activities may continue in other areas. If, in consultation with the City and affected Native American tribe (as deemed necessary), the discovery is determined to not be important, work will be permitted to continue in the area. Any resource that is not Native American in origin and that cannot be preserved in place shall be curated at a public, nonprofit institution with a research interest in the materials, such as the South Central Coastal Information Center at California State University, Fullerton. MM CUL-2: Prior to any earth -disturbing activities (e.g., If found to be Project Applicant excavation, trenching, grading) that could encounter applicable on a undisturbed soils, the project -level applicant for future project -specific basis City of Newport Beach development shall retain an archaeologist who meets for future housing on Community the Secretary of the Interior's Professional Qualifications Development Director City of Newport Beach 10 12-72 Docusign Envelope ID: 2FA025FF-02F7-490D-B67E-DFEC9AD2E41D City of Newport Beach General Plan Housing Implementation Program Mitigation Monitoring and Reporting Program City of Newport Beach General Plan Housing Implementation Program Mitigation Monitoring and Reporting Program General Plan Policies, Local Coastal Program Coastal Land Responsible Party for Verification Use Plan (Local Coastal Program) Policies, Mitigation Measures (MM)/Conditions of Implementation Implementation/ Impact Thresholds Regulatory Requirements Approval Timing Approval Date Initials Standards for Archaeology to determine if site -specific the identified housing development allowed under the General Plan Update sites. could result in a substantial adverse change in the During the significance of an archaeological resource pursuant to development review Section 15064.5 of the CEQA Guidelines. The process; prior to investigation shall include, as determined appropriate by ground -disturbing the archaeologist and the City of Newport Beach, an activities. Compliance updated records search of the South Central Coastal with City requirements Information Center of the California Historical Resources for archaeological, Information System, updated Native American paleontological, and consultation, and a pedestrian survey of the area tribal cultural proposed for development. The results of the resources. Monitoring investigation shall be documented in a technical report during ground or memorandum that identifies and evaluates any disturbing activities. archaeological resources within the development area and includes recommendations and methods for eliminating or avoiding impacts on archaeological resources or human remains. The measures shall include as appropriate, subsurface testing of archaeological resources and/or construction monitoring by a qualified professional and, if necessary, appropriate Native American monitors identified by the applicable tribe and/or the Native American Heritage Commission. Threshold 4.4-3: Disturb any General Plan Historical Resources (HR) Element Policies: HR 2.1, SC CUL-2: California Health and Safety Code Section If found to be City of Newport Beach human remains, including those HR 2.2, HR 2.3, HR 2.4 7050.5, CEQA Guidelines Section 15064.5, and Public applicable on a Community interred outsides of dedicated Local Coastal Program Policies: 4.5.1-2 Resources Code Section 5097.98 mandate the process to project -specific basis Development cemeteries. be followed in the event of an accidental discovery of for future housing on Department Municipal Code: Municipal Code: Chapter 21.20.105 any human remains in a location other than a dedicated the identified housing Newport Beach City Council Policy Manual: Paleontological and cemetery. California Health and Safety Code Section sites. Archaeological Resource Protection Guidelines (K-5). 7050.5 requires that in the event that human remains Compliance with are discovered within the project site, disturbance of the regulatory site shall be halted until the coroner has conducted an requirements during investigation into the circumstances, manner and cause of death, and the recommendations concerning the City of Newport Beach 11 12-73 Docusign Envelope ID: 2FA025FF-02F7-490D-B67E-DFEC9AD2E41D City of Newport Beach General Plan Housing Implementation Program Mitigation Monitoring and Reporting Program City of Newport Beach General Plan Housing Implementation Program Mitigation Monitoring and Reporting Program General Plan Policies, Local Coastal Program Coastal Land Responsible Party for Verification Use Plan (Local Coastal Program) Policies, Mitigation Measures (MM)/Conditions of Implementation Implementation/ Impact Thresholds Regulatory Requirements Approval Timing Approval Date Initials treatment and disposition of the human remains have ground disturbing been made to the person responsible for the excavation, activities. or to his or her authorized representative, in the manner provided in Section 5097.98 of the Public Resources Code. If the coroner determines that the remains are not subject to his or her authority and if the coroner recognizes or has reason to believe the human remains to be those of a Native American, he or she shall contact, by telephone within 24 hours, the Native American Heritage Commission. 4.5: Energy Threshold 4.5-1: Result in General Plan Housing (H) Element Policies: Policy Action 5G No mitigation. potentially significant General Plan Land Use (LU) Element Policies: LU 6.15.25 environmental impact due to wasteful, inefficient, or Municipal Code: Chapter 15.18 unnecessary consumption of energy resources, during Project construction or operation. Threshold 4.5-2: Conflict with or General Plan Housing (H) Element Policies: Policy Action 5G No mitigation. obstruct a State or Local plan for General Plan Land Use (LU) Element Policies: LU 6.15.25 renewable energy or energy efficiency 4.6: Geology and Soils Threshold 4.6-1: Expose people General Plan Safety (S) Element Policies: S 4.7 No mitigation. or structures to potential General Plan Natural Resources (NR) Element Policies: NR 3.12 substantial adverse effects, including the risk of loss, injury, Municipal Code: Title 15, Chapter 15.04 or death involving rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based City of Newport Beach 12 12-74 Docusign Envelope ID: 2FA025FF-02F7-490D-B67E-DFEC9AD2E41D City of Newport Beach General Plan Housing Implementation Program Mitigation Monitoring and Reporting Program City of Newport Beach General Plan Housing Implementation Program Mitigation Monitoring and Reporting Program General Plan Policies, Local Coastal Program Coastal Land Responsible Party for Verification Use Plan (Local Coastal Program) Policies, Mitigation Measures (MM)/Conditions of Implementation Implementation/ Impact Thresholds Regulatory Requirements Approval Timing Approval Date Initials on other substantial evidence of a known fault. Threshold 4.6-2: Expose people General Plan Safety (S) Element Policies: S 4.7 No mitigation. or structures to potential General Plan Natural Resources (NR) Element Policies: NR 3.12 substantial adverse effects, including the risk of loss, injury, Municipal Code: Title 15, Chapter 15.04 or death involving strong seismic ground shaking. Threshold 4.6-3 : Directly or General Plan Safety (S) Element Policies: S 3.9, S 3.10, S 3.11, No mitigation. indirectly cause potential S 4.3, S 4.7 substantial adverse effects, General Plan Natural Resources (NR) Element Policies: NR 3.12 including the risk of loss, injury, or death involving seismic- Municipal Code: Title 15, Chapter 15.04 related ground failure, including liquefaction, and landslides. Threshold 4.6-4: Result in General Plan Safety (S) Element Policies: S 3.9, S 3.10, S 3.11, No mitigation. substantial soil erosion or the S 3.12, S 4.3 loss of top soil. General Plan Natural Resources (NR) Element Policies: NR 3.9, NR 3.11, NR 3.12, NR3.14, NR3.15, NR3.19, NR3.20, NR4.4 Municipal Code: Title 15, Chapter 15.04 Threshold 4.6-5: Be located on a General Plan Safety (S) Element Policies: S 3.9, S 3.10, S 3.11, No mitigation. geologic unit or soil that is S 4.3, S 4.7 unstable, or that would become General Plan Natural Resources (NR) Element Policies: NR 3.12 unstable as a result of the Project, and potentially result in Municipal Code: Title 15, Chapter 15.04 on or off -site landslide, lateral spreading, subsidence, liquefaction or collapse. Threshold 4.6-6: Be located on General Plan Safety (S) Element Policies: S 3.9, S 3.10, S 3.11, No mitigation. expansive soil, as defined in S 4.3 Table 18-1-B of the Uniform General Plan Natural Resources (NR) Element Policies: NR 3.4, Building Code (1994), creating NR 3.9 City of Newport Beach 13 12-75 Docusign Envelope ID: 2FA025FF-02F7-490D-B67E-DFEC9AD2E41D City of Newport Beach General Plan Housing Implementation Program Mitigation Monitoring and Reporting Program City of Newport Beach General Plan Housing Implementation Program Mitigation Monitoring and Reporting Program General Plan Policies, Local Coastal Program Coastal Land Responsible Party for Verification Use Plan (Local Coastal Program) Policies, Mitigation Measures (MM)/Conditions of Implementation Implementation/ Impact Thresholds Regulatory Requirements Approval Timing Approval Date Initials substantial direct or indirect Municipal Code: Title 15, Chapter 15.04 risks to life or property. Threshold 4.6-7: Directly or General Plan Historical Resources (HR) Element Policies: HR 2.1, indirectly destroy a unique HR 2.2, HR 2.3, HR 2.4 paleontological resource or site General Plan Natural Resources (NR) Element Policies: NR 18.1, or unique geologic feature. NR 18.3, NR 18.4 Local Coastal Program Policies: 4.5.1-2, 4.5.1-5 Municipal Code: Municipal Code: Chapter 21.20.105 Newport Beach City Council Policy Manual: Paleontological and Archaeological Resource Protection Guidelines (K-5). 4.7: Greenhouse Gas Emissions Threshold 4.7-1: Generate General Plan Natural Resources (NR) Element Policies: NR 6.1, Note: There are no feasible mitigation measures to If found to be City of Newport Beach greenhouse gas emissions, NR 7.2, NR 8.1 reduce this impact to a less than significant level. The applicable on a Community either directly or indirectly, that Municipal Code: Chapter 15.19 following mitigation measure is applicable. project -specific basis Development may have a significant impact MM GHG-1: Prior to demolition, grading, or building for future housing on Department on the environment. permit approval, and in accordance with SCAQMD's the identified housing guidance, a project -specific Greenhouse Gas Emissions sites. Assessment shall be prepared for residential Submittal during the developments that would exceed SCAQMD's 3,000 development review MTCO2e proposed threshold of significance (or those in process; Prior to place at the time of the development application). Future issuance of the first development shall mitigate GHG emissions to below permit. SCAQMD's thresholds of significance to the extent feasible. Threshold 4.7-2: Conflict with General Plan Natural Resources (NR) Element Policies: NR 6.1, There are no feasible mitigation measures to reduce this an applicable plan, policy, or NR 7.2, NR 8.1 impact to a less than significant level. regulation adopted for the Municipal Code: Chapter 15.19 purpose of reducing the emissions of greenhouse gas. City of Newport Beach 14 12-76 Docusign Envelope ID: 2FA025FF-02F7-490D-B67E-DFEC9AD2E41D City of Newport Beach General Plan Housing Implementation Program Mitigation Monitoring and Reporting Program City of Newport Beach General Plan Housing Implementation Program Mitigation Monitoring and Reporting Program General Plan Policies, Local Coastal Program Coastal Land Responsible Party for Verification Use Plan (Local Coastal Program) Policies, Mitigation Measures (MM)/Conditions of Implementation Implementation/ Impact Thresholds Regulatory Requirements Approval Timing Approval Date Initials 4.8: Hazards and Hazardous Materials Threshold 4.8-1: Create a General Plan Safety (S) Element Policies: S 7.6 No mitigation. significant hazard to the public Municipal Code: Chapter 9.04 or the environment through the routine transport, use, or disposal of hazardous materials. Threshold 4.8-2: Create a General Plan Safety (S) Element Policies: S 7.6 No mitigation. significant hazard to the public Municipal Code: Chapter 9.04 or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment. Threshold 4.8-3: Emit hazardous General Plan Safety (S) Element Policies: S 7.6 No mitigation. emissions or handle hazardous Municipal Code: Chapter 2.20, Chapter 9.04 or acutely hazardous material, substances, or waste within one -quarter mile of an existing or proposed school. Threshold 4.8-4: Be located on a General Plan Safety (S) Element Policies: S 7.1, S 7.2 No mitigation. site which is included on a list of Municipal Code: Section 15.55.040 (Methane Overlay Zone) hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment. Threshold 4.8-5: Be located General Plan Safety (S) Element Policies: S 8.6 No mitigation. within an airport land use plan General Plan Land Use (LU) Element Policies: LU 6.15.3 or, where such a plan has not been adopted, within two miles Municipal Code: Chapter 20.080(F) of a public airport or public use City of Newport Beach 15 12-77 Docusign Envelope ID: 2FA025FF-02F7-490D-B67E-DFEC9AD2E41D City of Newport Beach General Plan Housing Implementation Program Mitigation Monitoring and Reporting Program City of Newport Beach General Plan Housing Implementation Program Mitigation Monitoring and Reporting Program General Plan Policies, Local Coastal Program Coastal Land Responsible Party for Verification Use Plan (Local Coastal Program) Policies, Mitigation Measures (MM)/Conditions of Implementation Implementation/ Impact Thresholds Regulatory Requirements Approval Timing Approval Date Initials airport, would the project result in a safety hazard or excessive noise for people residing or working in the project area Threshold 4.8-6: Impair General Plan Safety (S) Element Policies: S 7.6 No mitigation. implementation of or physically Municipal Code: Chapter 2.20 interfere with an adopted emergency response plan or emergency evacuation plan Threshold 4.8-7: Expose people General Plan Safety (S) Element Policies: S 6.2, S 6.7, S 6.4, S 6.5 No mitigation. or structures to a significant risk Local Coastal Program Policies: 2.8.8-1, 2.8.8-2, 2.8.8-4 of loss, injury, or death involving wildland fires, including where Municipal Code: Chapter 2.20, Chapter 9.04 wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands. 4.9: Hydrology and Water Quality Threshold 4.9-1: Violate any General Plan Natural Resources (NR) Element Policies: NR 1.1, No mitigation. water quality standards or NR 3.5, NR 3.7, NR 3.16, NR 4.1, NR 4.3, NR 3.11, NR 3.14, NR 3.15, waste discharge requirements NR 3.19 or otherwise substantially Local Coastal Program Policies: 4.3.2-1, 4.3.2-6, 4.3.2-7, 4.3.2-8, degrade surface or groundwater 4.3.2-12, 4.3.2-13, 4.3.2-14, 4.3.2-23 quality. Municipal Code: Chapter 14.36 Threshold 4.9-2: Substantially General Plan Natural Resources (NR) Element Policies: NR 3.5, No mitigation. decrease groundwater supplies NR 4.1, NR 4.3, NR 3.4, NR 3.11, NR 3.14, NR 3.19, NR 3.20 or interfere substantially with Local Coastal Program Policies: 4.3.2-6, 4.3.2-9, 4.3.2-12, 4.3.2-13, groundwater recharge such that 4.3.2-15, 4.3.2-17, 4.3.2-24 the project may impede Municipal Code: Chapter 14.17 sustainable groundwater management of the basin City of Newport Beach 16 12-78 Docusign Envelope ID: 2FA025FF-02F7-490D-B67E-DFEC9AD2E41D City of Newport Beach General Plan Housing Implementation Program Mitigation Monitoring and Reporting Program City of Newport Beach General Plan Housing Implementation Program Mitigation Monitoring and Reporting Program General Plan Policies, Local Coastal Program Coastal Land Responsible Party for Verification Use Plan (Local Coastal Program) Policies, Mitigation Measures (MM)/Conditions of Implementation Implementation/ Impact Thresholds Regulatory Requirements Approval Timing Approval Date Initials Threshold 4.9-3: Substantially General Plan Natural Resources (NR) Element Policies: NR 1.1, No mitigation. alter the existing drainage NR 3.4, NR 3.5, NR 3.9, NR 3.11, NR 3.14, NR 3.19, NR 3.20,NR 4.1, pattern of the site or area, NR 4.3, NR 4.4 including through the alteration General Plan Safety (S) Element Policies: S 2.7, S 5.1, S 5.3 of the course of a stream or river or through the addition of General Plan Land Use (LU) Element Policies: LU 6.4.10 impervious surfaces, in a Local Coastal Program Policies: 4.3.1-5, 4.3.1-7, 4.3.1-8, 4.3.2-1, manner which would: 4.3.2-2, 4.3.2-6, 4.3.2-7, 4.3.2-8, 4.3.2-9, 4.3.2-10, 4.3.2-11, 4.3.2- i) result in substantial erosion or 12, 4.3.2-13, 4.3.2-14, 4.3.2-15, 4.3.2-17, 4.3.2-22, 4.3.2-23, 4.3.2- siltation on -or off -site; 24 ii) increase the rate or amount Municipal Code: Chapter 14.36, Chapter 15.50 of surface runoff in a manner which would result in flooding on- or off -site; iii) create or contribute runoff water which would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted runoff; or iv) impede or redirect flood flows. Threshold 4.9-4: In flood hazard, General Plan Safety (S) Element Policies: S 2.7, S 3.9, S 3.10, No mitigation. tsunami, or seiche zones, risk S 3.11, S 3.12 S 5.1, S 5.3 release of pollutants due to General Plan Natural Resources (NR) Element Policies: NR 3.11 Project inundation. Local Coastal Program Policies: 4.3.1-5, 4.3.1-6, 4.3.1-7, 4.3.2-2, 4.3.2-6, 4.3.2-22 Municipal Code: Chapter 14.36, Chapter 15.50 Threshold 4.9-5: Conflict with or General Plan Natural Resources (NR) Element Policies: NR 1.1, NR No mitigation. obstruct implementation of a 3.5, NR 3.7, NR 3.16, NR 4.1 water quality control plan or Local Coastal Program Policies: 4.3.2-6 sustainable groundwater Municipal Code: Chapter 14.36, Chapter 15.50 management plan City of Newport Beach 17 12-79 Docusign Envelope ID: 2FA025FF-02F7-490D-B67E-DFEC9AD2E41D City of Newport Beach General Plan Housing Implementation Program Mitigation Monitoring and Reporting Program City of Newport Beach General Plan Housing Implementation Program Mitigation Monitoring and Reporting Program General Plan Policies, Local Coastal Program Coastal Land Responsible Party for Verification Use Plan (Local Coastal Program) Policies, Mitigation Measures (MM)/Conditions of Implementation Implementation/ Impact Thresholds Regulatory Requirements Approval Timing Approval Date Finitials 4.10: Land Use and Planning Threshold 4.10-1: Physically General Plan Land Use (LU) Element Policies: LU 2.3, LU 6.2.1, No mitigation. divide an established LU 6.2.5 community. Local Coastal Program Policies: 2.2.1-1, 2.2.1-3, 2.7-1 Threshold 4.10-2: Cause a General Plan Land Use (LU) Element Policies: LU 2.3, LU 3.8, LU No mitigation. significant environmental 6.2.1, LU 6.2.3, LU 6.2.5, LU 6.14.2, LU 3.2, LU 5.1.2, LU 5.3.3, LU impact due to a conflict with 5.6.1, LU 6.15.3 any land use plan, policy, or Local Coastal Program Policies: 2.1.1-1, 2.2.1-1, 2.2.1-2, 2.2.1-3, regulation adopted for the 2.2.2-1, 2.7-1, 2.7-2, 2.7-5 purpose of avoiding or mitigating an environmental effect. 4.11: Noise Threshold 4.11-1: Result in the General Plan Noise (N) Element Policies: N 1.1, N 1.2, N 1.3, N 1.4, There are no feasible mitigation measures to reduce this generation of a substantial N 1.5, N 1.6, N 1.7, N 1.8, N 2.1, N 2.2, N 2.3, N 4.1, N 4.6, N 5.1 impact to a less than significant level. temporary or permanent Municipal Code: Chapter 10.26. Section 10.28.040, Section increase in ambient noise levels 20.30.080.C, Section 20.30.080.F (John Wayne Airport) in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies. Threshold 4.11-2: Result in the General Plan Noise (N) Element Policies: N 1.1, N 1.2, N 1.3, N 1.4, MM NOI-1: To avoid impacts to vibration sensitive land If found to be City of Newport Beach exposure of persons to or N 1.5, N 1.6, N 1.7, N 1.8, N 2.1, N 2.2, N 2.3, N 4.1, N 4.6, N 5.1 uses (i.e., non -engineered timber and masonry buildings) applicable on a Community generation of excessive Municipal Code: Chapter 10.26. Section 10.28.040, Section located within a 50-foot radius of pile driving activities, project -specific basis Development Director groundborne vibration or 20.30.080.C, Section 20.30.080.F prior to demolition, grading, or building permit approval, for future housing on groundborne noise levels. the following measures shall be specified on the Project the identified housing plans and implemented during construction: sites. ■ Pile driving within a 50-foot radius of vibration During the sensitive land uses shall utilize alternative installation development review methods (e.g., pile cushioning, jetting, predrilling, cast process; Prior to in -place systems, resonance -free vibratory pile drivers) issuance of the first to such that vibration velocities from the alternative City of Newport Beach 18 12-80 Docusign Envelope ID: 2FA025FF-02F7-490D-B67E-DFEC9AD2E41D City of Newport Beach General Plan Housing Implementation Program Mitigation Monitoring and Reporting Program City of Newport Beach General Plan Housing Implementation Program Mitigation Monitoring and Reporting Program General Plan Policies, Local Coastal Program Coastal Land Responsible Party for Verification Use Plan (Local Coastal Program) Policies, Mitigation Measures (MM)/Conditions of Implementation Implementation/ Impact Thresholds Regulatory Requirements Approval Timing Approval Date Initials construction activity would fall below the 0.2 demolition, grading, or inch/second threshold. building permit. ■ The preexisting condition of all vibration sensitive land uses within a 50-foot radius of proposed pile driving shall be documented during a preconstruction survey. The preconstruction survey shall determine conditions that exist before construction begins for use in evaluating damage caused by pile driving, if any. Fixtures and finishes susceptible to damage and within a 50-foot radius of pile driving shall be documented (photographically and in writing) prior to demolition, grading, or building permit approval. All damage shall be repaired/restored to its preexisting condition. Threshold 4.11-3: For a project General Plan Noise (N) Element Policies: N 1.2, N 1.5A, N 2.2, No mitigation. located within the vicinity of a N 3.1, N 3.2 private airstrip or an airport General Plan Land Use (LU) Element Policies: LU 6.15.3 land use plan or, where such a Municipal Code: Chapter 10.26. Section 10.28.040, Section plan has not been adopted, within two miles of a public 20.30.080.C, Section 20.30.080.E (John Wayne Airport) airport or public use airport, would the Project expose people residing or working in the project area to excessive noise levels. City of Newport Beach 19 12-81 Docusign Envelope ID: 2FA025FF-02F7-490D-B67E-DFEC9AD2E41D City of Newport Beach General Plan Housing Implementation Program Mitigation Monitoring and Reporting Program City of Newport Beach General Plan Housing Implementation Program Mitigation Monitoring and Reporting Program General Plan Policies, Local Coastal Program Coastal Land Responsible Party for Verification Use Plan (Local Coastal Program) Policies, Mitigation Measures (MM)/Conditions of Implementation Implementation/ Impact Thresholds Regulatory Requirements Approval Timing Approval Date Initials 4.12: Population and Housing Threshold 4.12-1: Induce General Plan Land Use (LU) Element Policies: LU 1.4, LU 3.2, LU No mitigation. substantial population growth in 6.2.3 an area, either directly (for Local Coastal Program Policies: 2.1.1-1, 2.1.10-1, 2.2.1-1, 2.2.1-2, example, by proposing new 2.2.1-3, 2.2.2-1, 2.7-1, 2.7-2, 2.7-5 homes and businesses) or indirectly (for example, through extension of roads or other infrastructure) Threshold 4.12-2: Displace General Plan Land Use (LU) Element Policies: LU 1.4, LU 3.2, 6.2.3 No mitigation. substantial numbers of existing Local Coastal Program Policies: 2.1.1-1, 2.1.10-1, 2.2.1-1, 2.2.1-2, housing, necessitating the 2.2.1-3, 2.2.2-1, 2.7-1, 2.7-2, 2.7-5 construction of replacement housing elsewhere or displace substantial numbers of people, necessitating the construction of replacement housing elsewhere. 4.13: Public Services Threshold 4.13-1: Result in General Plan Land Use (LU) Element Policies: LU 2.8, LU 3.2, No mitigation. substantial adverse physical LU 6.1.1, LU 6.1.2, LU 6.2.5, LU 4.1 impacts associated with the General Plan Safety (S) Element Policies: S 6.7 provision of new or physically Municipal Code: Chapter 3.12, Chapter 9.04 altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for fire protection. Threshold 4.13-2: Result in General Plan Land Use (LU) Element Policies: LU 2.8, LU 3.2, No mitigation. substantial adverse physical LU 6.1.1, LU 6.1.2, LU 6.2.5, LU 4.1 impacts associated with the General Plan Safety (S) Element Policies: S 6.7 City of Newport Beach 20 12-82 Docusign Envelope ID: 2FA025FF-02F7-490D-B67E-DFEC9AD2E41D City of Newport Beach General Plan Housing Implementation Program Mitigation Monitoring and Reporting Program City of Newport Beach General Plan Housing Implementation Program Mitigation Monitoring and Reporting Program General Plan Policies, Local Coastal Program Coastal Land Responsible Party for Verification Use Plan (Local Coastal Program) Policies, Mitigation Measures (MM)/Conditions of Implementation Implementation/ Impact Thresholds Regulatory Requirements Approval Timing Approval Date Initials provision of new or physically Municipal Code: Chapter 3.12 altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for police protection. Threshold 4.13-3: Result in General Plan Land Use (LU) Element Policies: LU 2.8, LU 3.2, No mitigation. substantial adverse physical LU 6.1.1, LU 6.1.2, LU 6.2.5, LU 4.1 impacts associated with the General Plan Safety (S) Element Policies: S 6.7 provision of new or physically Municipal Code: Chapter 19.48 altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for schools. Threshold 4.13-4: Result in General Plan Land Use (LU) Element Policies: LU 2.8, LU 3.2, No mitigation. substantial adverse physical LU 6.1.1, LU 6.1.2, LU 6.2.5, LU 4.1 impacts associated with the General Plan Safety (S) Element Policies: S 6.7 provision of new or physically altered governmental facilities, Municipal Code: Chapter 3.12 the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for libraries. City of Newport Beach 21 12-83 Docusign Envelope ID: 2FA025FF-02F7-490D-B67E-DFEC9AD2E41D City of Newport Beach General Plan Housing Implementation Program Mitigation Monitoring and Reporting Program City of Newport Beach General Plan Housing Implementation Program Mitigation Monitoring and Reporting Program General Plan Policies, Local Coastal Program Coastal Land Responsible Party for Verification Use Plan (Local Coastal Program) Policies, Mitigation Measures (MM)/Conditions of Implementation Implementation/ Impact Thresholds Regulatory Requirements Approval Timing Approval Date Finitials 4.14: Recreation Threshold 4.14-1: Increase the General Plan Recreation (R) Element Policies: R 1.1, R 1.2, R 2.1, No mitigation. use of existing neighborhood, R 2.2 community and regional parks or General Plan Land Use (LU) Element Policies: LU 6.5.2, LU 6.15.13, other recreational facilities such LU 6.15.16 that substantial physical deterioration of the facility Local Coastal Program Policies: 3.2.1 3, 3.2.1 4, 3.2.2 3 would occur or be accelerated Municipal Code: Chapter 19.52 Threshold 4.14-2 General Plan Recreation (R) Element Policies: R 1.1, R 1.2, R 2.1, No mitigation. Include recreational facilities or R 2.2 require the construction or General Plan Land Use (LU) Element Policies: LU 6.5.2, LU 6.15.13, expansion of recreational LU 6.15.16 facilities which might have an adverse physical effect on the Local Coastal Program Policies: 3.2.1 3, 3.2.1 4, 3.2.2 3 environment. Municipal Code: Chapter 19.52 4.15: Transportation Threshold 4.15-1: Conflict with a General Plan Circulation (CE) Element Policies: CE 1.1.1, CE 1.1.2, No mitigation. program, plan, ordinance or CE 2.1.2, CE 2.2.5, CE 2.3.3, CE 5.2.6, CE 5.2.7, CE 5.2.11, CE 5.4.1, policy addressing the circulation CE 5.4.6, CE 7.1.4, CE 7.1.5, CE 7.1.7, CE 8.1.1, CE 8.1.9, CE 8.1.13, system, including transit, CE 8.1.14, CE 9.1.9, CE 9.1.10, CE 9.1.12 roadway, bicycle and pedestrian General Plan Land Use (LU) Element Policies: LU 6.15.18, facilities. LU 6.15.19, LU 6.15.20 Local Coastal Program Policies: 2.9.1-2, 2.9.1-3, 2.9.1-10, 2.9.2-4, 2.9.3-1, 2.9.3-2, 2.9.3-3, 2.9.3-5, 2.9.3-6, 2.9.3-7, 2.9.3-10, 2.9.3-11, 2.9.3-14 Municipal Code: Chapter 15.40, Chapter 20.44 Newport Beach City Council Policy Manual: Traffic Management Policy (L-26) Threshold 4.15-2: Conflict or be General Plan Circulation (CE) Element Policies: CE 7.1.1, CE 7.1.2 MM TRANS-1: Vehicle Miles Traveled (VMT). Prior to If found to be City of Newport Beach inconsistent with CEQA Municipal Code: Chapter 20.44 issuance of a building permit, one or more of the applicable on a Community Guidelines Section 15064.3, following measures shall be implemented to reduce VMT- project -specific basis Development subdivision (b). related impacts associated with future projects that are for future housing on City of Newport Beach 22 12-84 Docusign Envelope ID: 2FA025FF-02F7-490D-B67E-DFEC9AD2E41D City of Newport Beach General Plan Housing Implementation Program Mitigation Monitoring and Reporting Program City of Newport Beach General Plan Housing Implementation Program Mitigation Monitoring and Reporting Program General Plan Policies, Local Coastal Program Coastal Land Responsible Party for Verification Use Plan (Local Coastal Program) Policies, Mitigation Measures (MM)/Conditions of Implementation Implementation/ Impact Thresholds Regulatory Requirements Approval Timing Approval Date Initials Newport Beach City Council Policy Manual: Traffic Management not able to be screened out of the VMT analysis process the identified housing Department and Public Policy (L-26) such that the development's VMT is below the low VMT sites in the Coastal Works Department thresholds recommended by the Office of Planning and Zone. Research or adopted by the City of Newport Beach at the Submittal during the time of the development application: development review ■ Modify the project's-built environment characteristics process; Prior to to reduce VMT generated by a project. issuance of the first ■ Implement Transportation Demand Management permit. strategies pursuant to reduce VMT generated by a project. ■ Participate in a Fair Share Traffic Impact Fee program or VMT mitigation banking program, if available. Examples of potential measures to reduce VMT include, but are not limited to, the following: ■ Improve or increase access to transit. ■ Increase access to common goods and services, such as groceries, schools, and daycare. ■ Incorporate affordable housing into the project. ■ Orient the project toward transit, bicycle, and pedestrian facilities. ■ Improve pedestrian or bicycle networks, or transit service. ■ Provide traffic calming. ■ Provide bicycle parking. ■ Limit or eliminate parking supply. ■ Unbundle parking costs. ■ Implement or provide access to a commute reduction program. ■ Provide car -sharing, bike sharing, and ride -sharing programs. ■ Provide transit passes. Threshold 4.15-3: Increase General Plan Circulation (CE) Element Policies: CE 2.2.5, CE 2.2.7, No mitigation. hazards due to a geometric CE 2.2.8, CE 5.4.1, CE 5.4.2, CE 8.1.10 design feature (e.g. sharp curves Municipal Code: Chapter 9.04 or dangerous intersections) or City of Newport Beach 23 12-85 Docusign Envelope ID: 2FA025FF-02F7-490D-B67E-DFEC9AD2E41D City of Newport Beach General Plan Housing Implementation Program Mitigation Monitoring and Reporting Program City of Newport Beach General Plan Housing Implementation Program Mitigation Monitoring and Reporting Program General Plan Policies, Local Coastal Program Coastal Land Responsible Party for Verification Use Plan (Local Coastal Program) Policies, Mitigation Measures (MM)/Conditions of Implementation Implementation/ Impact Thresholds Regulatory Requirements Approval Timing Approval Date Initials incompatible uses (e.g. farm equipment) Threshold 4.15-4: Result in General Plan Circulation (CE) Element Policies: CE 2.2.7 No mitigation. inadequate emergency access. Municipal Code: Chapter 9.04 4.16: Tribal Cultural Resources Threshold 4.16-1: Cause a General Plan Historical Resources (HR) Element Policies: HR 2.1, SC CUL-1: In compliance with City Council Policy K-5, If found to be Project Applicant substantial adverse change in HR 2.2, HR 2.3, HR 2.4 prior to the issuance of a grading permit by the City of applicable on a the significance of a tribal General Plan Natural Resources (NR) Element Policies: NR 18.1, Newport Beach, the Applicant shall retain a qualified project -specific basis City of Newport Beach cultural resource, defined in NR 18.3, NR 18.4 archaeologist to periodically monitor ground -disturbing for future housing on Community Public Resources Code section activities onsite and provide documentation of such the identified housing Development Director 21074 as either a site, feature, Local Coastal Program Policies: 4.5-1, 4.5-2, 4.5-3, 4.5-4, 4.5-5 retention to the City of Newport Beach Community sites. place, cultural landscape that is Municipal Code: Chapter 21.20.105 Development Director. The archaeologist shall train Determination made geographically defined in terms Newport Beach City Council Policy Manual: Paleontological and project construction workers on the types of during development of the size and scope of the Archaeological Resource Protection Guidelines (K-5). archaeological resources that could be found in site soils. review process; landscape, sacred place, or The archaeologist shall periodically monitor project Submittal of report as object with cultural value to a ground -disturbing activities. During construction part of CEQA review. California Native American tribe, activities, if Native American resources (i.e., Tribal and that is: a) listed or eligible Cultural Resources) are encountered, a Cultural Resource for listing in the California Monitoring and Discovery Plan (CRMDP) shall be created Register of Historical Resources, and implemented to lay out the proposed personnel, or in a local register of historical methods, and avoidance/recovery framework for tribal resources as defined in Public cultural resources monitoring and evaluation activities Resources Code section within the project area. A consulting Native American 5020.1(k) or b) a resource tribe shall be retained and compensated as a determined by the lead agency, consultant/monitor for the project site from the time of in its discretion and supported discovery to the completion of ground disturbing by substantial evidence, to be activities to monitor grading and excavation activities. If significant pursuant to criteria archaeological resources are encountered, all set forth in subdivision (c) of construction work within 50 feet of the find shall cease, Public Resources Code section and the archaeologist shall assess the find for importance 5024.1. In applying the criteria and whether preservation in place without impacts is set forth in subdivision (c) of feasible. Construction activities may continue in other Public Resources Code section areas. If, in consultation with the City and affected Native City of Newport Beach 24 12-86 Docusign Envelope ID: 2FA025FF-02F7-490D-B67E-DFEC9AD2E41D City of Newport Beach General Plan Housing Implementation Program Mitigation Monitoring and Reporting Program City of Newport Beach General Plan Housing Implementation Program Mitigation Monitoring and Reporting Program General Plan Policies, Local Coastal Program Coastal Land Responsible Party for Verification Use Plan (Local Coastal Program) Policies, Mitigation Measures (MM)/Conditions of Implementation Implementation/ Impact Thresholds Regulatory Requirements Approval Timing Approval Date Initials 5024.1, the lead agency shall American tribe (as deemed necessary), the discovery is consider the significance of the determined to not be important, work will be permitted resource to a California Native to continue in the area. Any resource that is not Native American tribe. American in origin and that cannot be preserved in place shall be curated at a public, nonprofit institution with a research interest in the materials, such as the South Central Coastal Information Center at California State University, Fullerton. SC CUL-2: California Health and Safety Code Section If found to be City of Newport Beach 7050.5, CEQA Guidelines Section 15064.5, and Public applicable on a Community Resources Code Section 5097.98 mandate the process to project -specific basis Development Director be followed in the event of an accidental discovery of for future housing on any human remains in a location other than a dedicated the identified housing cemetery. California Health and Safety Code Section sites. 7050.5 requires that in the event that human remains Compliance with are discovered within the project site, disturbance of the regulatory site shall be halted until the coroner has conducted an requirements during investigation into the circumstances, manner and cause ground disturbing of death, and the recommendations concerning the activities. treatment and disposition of the human remains have been made to the person responsible for the excavation, or to his or her authorized representative, in the manner provided in Section 5097.98 of the Public Resources Code. If the coroner determines that the remains are not subject to his or her authority and if the coroner recognizes or has reason to believe the human remains to be those of a Native American, he or she shall contact, by telephone within 24 hours, the Native American Heritage Commission. MM TCR-1: Unanticipated Discovery of Tribal Cultural If found to be City of Newport Beach and Archaeological Resources: Upon discovery of any applicable on a Community tribal, cultural, or archaeological resources during project -specific basis Development ground -disturbing activities for future development for future housing on Department facilitated by the Project, the applicant shall immediately City of Newport Beach 25 12-87 Docusign Envelope ID: 2FA025FF-02F7-490D-B67E-DFEC9AD2E41D City of Newport Beach General Plan Housing Implementation Program Mitigation Monitoring and Reporting Program City of Newport Beach General Plan Housing Implementation Program Mitigation Monitoring and Reporting Program General Plan Policies, Local Coastal Program Coastal Land Responsible Party for Verification Use Plan (Local Coastal Program) Policies, Mitigation Measures (MM)/Conditions of Implementation Implementation/ Impact Thresholds Regulatory Requirements Approval Timing Approval Date Initials cease such activities in the immediate vicinity. The find the identified housing will then be assessed by a qualified archeologist retained sites. by the applicant and a tribal monitor/consultant During ground - approved by the consulting tribe. The applicant shall disturbing and promptly notify the City Planning Division to the excavation activities. discovery of resources. If the resources are Native American in origin, the consulting tribe shall coordinate with the landowner regarding treatment and curation of these resources. Typically, the tribe will request preservation in place or recovery for educational purposes. At the direction of the qualified archaeologist and tribal monitor/ consultant, and in coordination with the Planning Division, work may continue on other parts of the affected site while evaluation and, if necessary, additional protective measures are completed at the affected portion of the site pursuant to State CEQA Guidelines Section 15064.5(f). If a resource is determined by the qualified archaeologist to constitute a "historical resource" or "unique archaeological resource," time and funding to allow for sufficient implementation of avoidance measures must be made available. The treatment plan established for the resources shall be in accordance with State CEQA Guidelines Section 15064.5(f) for historical resources. Preservation in place (i.e., avoidance) is the preferred manner of treatment upon identification of unique archeological resources (PRC §21083.2(b)). If preservation in place is not feasible, treatment may include implementation of archaeological data recovery excavations to remove the resource along with subsequent laboratory processing and analysis. All tribal cultural resources shall be returned to the consulting tribe. Any historic archaeological material that is not Native American in origin shall be curated at a public, non- profit institution with a research interest in the City of Newport Beach 26 12-88 Docusign Envelope ID: 2FA025FF-02F7-490D-B67E-DFEC9AD2E41D City of Newport Beach General Plan Housing Implementation Program Mitigation Monitoring and Reporting Program City of Newport Beach General Plan Housing Implementation Program Mitigation Monitoring and Reporting Program General Plan Policies, Local Coastal Program Coastal Land Responsible Party for Verification Use Plan (Local Coastal Program) Policies, Mitigation Measures (MM)/Conditions of Implementation Implementation/ Impact Thresholds Regulatory Requirements Approval Timing Approval Date Initials materials. Acceptance and curation of the historic archeological materials will be at the discretion of the institution. If no institution accepts the archaeological material, they shall be offered to the consulting tribe or the responsible public or private institution with suitable repository for educational purposes. MM TCR-2: If evidence of an archaeological site or other If found to be City of Newport Beach suspected historical resource as defined by CEQA applicable on a Community Guidelines Section 15064.5, including darkened soil project -specific basis Development representing past human activity ("midden"), that could for future housing on Department conceal material remains (e.g., worked stone, fired clay the identified housing vessels, faunal bone, hearths, storage pits, or burials) are sites. discovered during any project -related earth -disturbing During ground - activities (including projects that would not encounter disturbing and undisturbed soils), all earth -disturbing activity within 100 excavation activities. feet of the find shall be halted and the Community Development Department shall be notified. The project - level applicant shall retain an archaeologist who meets the U.S. Secretary of the Interior's Professional Qualifications Standards for Archaeology to assess the significance of the find. Impacts to any significant resources shall be mitigated to a less than significant level through data recovery or other methods determined adequate by the archaeologist and that are consistent with the U.S. Secretary of the Interior's Standards for Archaeological Documentation. Any identified cultural resources shall be recorded on the appropriate DPR 523 form and filed with the appropriate Information Center. 4.17: Utilities Threshold 4.17-1: Require or General Plan Natural Resources (NR) Element Policies: NR 1.2 No mitigation. result in the relocation or Municipal Code: Chapter 21.20.105 construction of new or City of Newport Beach 27 12-89 Docusign Envelope ID: 2FA025FF-02F7-490D-B67E-DFEC9AD2E41D City of Newport Beach General Plan Housing Implementation Program Mitigation Monitoring and Reporting Program City of Newport Beach General Plan Housing Implementation Program Mitigation Monitoring and Reporting Program General Plan Policies, Local Coastal Program Coastal Land Responsible Party for Verification Use Plan (Local Coastal Program) Policies, Mitigation Measures (MM)/Conditions of Implementation Implementation/ Impact Thresholds Regulatory Requirements Approval Timing Approval Date Initials expanded water facilities, the construction of which could cause significant environmental effects. Threshold 4.17-2: Have General Plan Natural Resources (NR) Element Policies: NR 1.1, NR There are no feasible mitigation measures to reduce this sufficient water supplies 1.2 impact to a less than significant level. available to serve the project General Plan Land Use (LU) Element Policies: LU 2.8, LU 3.2 and reasonably foreseeable future development during Municipal Code: Chapter 14.16, Chapter 14.17 normal, dry and multiple dry years Threshold 4.17-3: Require or General Plan Natural Resources (NR) Element Policies: NR 1.1, NR No mitigation. result in the relocation or 1.2, LU 2.8, NR 3.4, NR 3.11, NR 3.15 construction of new or General Plan Land Use (LU) Element Policies: LU 2.8, LU 3.2, LU expanded wastewater 6.4.10 treatment facilities, the construction of which could Municipal Code: Chapter 14.36 cause significant environmental effects. Threshold 4.17-4: Result in a General Plan Natural Resources (NR) Element Policies: NR 3.11, No mitigation. determination by the NR 3.15 wastewater treatment provider General Plan Land Use (LU) Element Policies: LU 2.8 which serves or may serve the project that it has adequate Municipal Code: Chapter 14.36 capacity to serve the project's projected demand in addition to the provider's existing commitments Threshold 4.17-5: Require or General Plan Natural Resources (NR) Element Policies: NR 1.1, NR SC UTIL-1: The project shall be required to comply with Submittal during the City of Newport Beach result in the relocation or 1.2, NR 3.4, NR 3.11, NR 3.15 the City of Newport Beach Municipal Code Chapter 14.16 development review Community construction of new or General Plan Land Use (LU) Element Policies: LU 2.8, LU 3.2, LU related to water conservation and supply level process; Prior to Development expanded storm water drainage 6.4.10 regulations in effect during the construction and issuance of the first Department facilities, the construction of operation of the project, and Municipal Code Chapter permit and first Municipal Code: Chapter 19.28.080, Chapter 21.35 14.17 with respect to water -efficient landscaping. City of Newport Beach 28 12-90 Docusign Envelope ID: 2FA025FF-02F7-490D-B67E-DFEC9AD2E41D City of Newport Beach General Plan Housing Implementation Program Mitigation Monitoring and Reporting Program City of Newport Beach General Plan Housing Implementation Program Mitigation Monitoring and Reporting Program General Plan Policies, Local Coastal Program Coastal Land Responsible Party for Verification Use Plan (Local Coastal Program) Policies, Mitigation Measures (MM)/Conditions of Implementation Implementation/ Impact Thresholds Regulatory Requirements Approval Timing Approval Date Initials which could cause significant Certificate of environmental effects Occupancy. SC UTIL-2: The project shall be required to comply with Submittal during the City of Newport Beach Section 19.28.080 (Storm Drains) of the City's Municipal development review Community Code which requires developers to design and construct process; Prior to Development all drainage facilities necessary for the removal of surface issuance of the first Department water from the site (e.g., open/closed channels, catch permit and first basins, manholes, junction structures), and to protect Certificate of off -site properties from a project's water runoff. The Occupancy. Evidence storm drain system must be designed in accordance with of payment of fees. the standards of the Orange County Flood Division. A drainage fee is also charged to fund improvements to the City's drainage facilities. SC UTIL-3: The Applicant shall prepare and obtain Submittal during the City of Newport Beach approval of a Construction and Demolition Waste development review Community Management Plan (CDWMD) for the project. The CWMP process; Prior to Development shall list the types and weights or volumes of solid waste issuance of the first Department materials expected to be generated from construction. permit and first The CDWMP shall include options to divert from landfill Certificate of disposal, nonhazardous materials for reuse or recycling Occupancy. Evidence by a minimum of 65 percent of total weight or volume. of payment of fees. Threshold 4.17-6: Require or General Plan Land Use (LU) Element Policies: LU 2.8, LU 3.2, No mitigation. result in the relocation or LU 6.4.10 construction of new or Municipal Code: Chapter 20.49, Chapter 21.49 expanded electric power, natural gas, or telecommunication facilities, the construction of which could cause significant environmental effects. Threshold 4.17-7: Generate General Plan Land Use (LU) Element Policies: LU 2.8 No mitigation. solid waste in excess of State Municipal Code: Chapter 12.63.030, Chapter 20.30.120 and local standards, or in excess of the capacity of local City of Newport Beach 29 12-91 Docusign Envelope ID: 2FA025FF-02F7-490D-B67E-DFEC9AD2E41D City of Newport Beach General Plan Housing Implementation Program Mitigation Monitoring and Reporting Program City of Newport Beach General Plan Housing Implementation Program Mitigation Monitoring and Reporting Program General Plan Policies, Local Coastal Program Coastal Land Responsible Party for Verification Use Plan (Local Coastal Program) Policies, Mitigation Measures (MM)/Conditions of Implementation Implementation/ Impact Thresholds Regulatory Requirements Approval Timing Approval Date Initials infrastructure, or otherwise impair the attainment of solid waste reduction goals. Threshold 4.17-8: Comply with General Plan Land Use (LU) Element Policies: LU 2.8 No mitigation. federal, State, and local Municipal Code: Chapter 12.63.030, Chapter 20.30.120 management and reduction statutes and regulations related to solid waste. 4.18: Wildfire Threshold 4.18-1: If located in General Plan Safety (S) Element Policies: S 7.6 MM W-1: Prior to issuance of a grading permit for sites If found to be City of Newport Beach or near State Responsibility Local Coastal Program Policies: 2.8.1-2, 2.8.1-3, 2.8.8-3, 2.8.8-4, within or adjacent to a Very High Fire Hazard Safety Zone applicable on a Community Areas (SRAs) or lands classified 2 8 8-6 (VHFHSZ), the project applicant shall prepare a Fire project -specific basis Development as Very High Fire Hazard Protection Plan (FPP). Prior to preparation of an FPP, the for future housing on Department and Fire Severity Zones (VHFHSZ), would Municipal Code: Chapter 2.20.050, Chapter 9.04, Chapter 15.04. project applicant hall coordinate with City of Newport the identified housing Department the Project substantially impair Beach Fire Department to ensure that modeling of the sites. an adopted emergency response FPP and design of the Project is appropriate to meet the Submittal during the plan or emergency evacuation requirements and standards of the City. The FPP shall be development review plan. subject to the review and approval from the Fire process; prior to Department. The FPP shall assess the Project's issuance of first permit compliance with current regulatory codes and ensure and Certificate of that impacts resulting from wildland fire hazards have Occupancy. been adequately mitigated. The FPP shall also specifically identify the need for fire protection systems, water availability for structural firefighting, construction requirements, fire department access, locations and spacing of fire hydrants, fire -smart landscaping, and appropriate defensible space around structures (Fuel Modification Zones). Threshold 4.18-2 General Plan Safety (S) Element Policies: S 6.2, S 6.3, S 6.4, S 6.5 MM W-1 If found to be City of Newport Beach If located in or near State Local Coastal Program Policies: 2.8.1-1, 2.8.1-2, 2.8.1-3, 2.8.8-3, applicable on a Community Responsibility Areas (SRAs) or 2 8 8-4 2 8 8-6 project -specific basis Development lands classified as Very High Fire for future housing on Department and Fire Hazard Severity Zones (VHFHSZ), Municipal Code: Chapter 2.20.050, Chapter 9.04, Chapter 15.04. Department City of Newport Beach 30 12-92 Docusign Envelope ID: 2FA025FF-02F7-490D-B67E-DFEC9AD2E41D City of Newport Beach General Plan Housing Implementation Program Mitigation Monitoring and Reporting Program City of Newport Beach General Plan Housing Implementation Program Mitigation Monitoring and Reporting Program General Plan Policies, Local Coastal Program Coastal Land Responsible Party for Verification Use Plan (Local Coastal Program) Policies, Mitigation Measures (MM)/Conditions of Implementation Implementation/ Impact Thresholds Regulatory Requirements Approval Timing Approval Date Initials would the Project, due to slope, the identified housing prevailing winds, and other sites. factors, exacerbate wildfire risks, Submittal during the and thereby expose project development review occupants to pollutant process; prior concentrations from a wildfire or issuance of firstt permit the uncontrolled spread of a and Certificate of wildfire. Occupancy. Threshold 4.18-3 General Plan Safety (S) Element Policies: S 6.2, S 6.3 No mitigation. If located in or near State Local Coastal Program Policies: 2. 2.8.1-3, 2.8.8-1, 2.8.8-2 Responsibility Areas (SRAs) or lands classified as Very High Fire Hazard Severity Zones (VHFHSZ), would the Project require the installation or maintenance of associated infrastructure (such as roads, fuel breaks, emergency water sources, power lines or other utilities) that may exacerbate fire risk or that may result in temporary or ongoing impacts to the environment. Threshold 4.18-4 General Plan Safety (S) Element Policies: S 6.2 No mitigation. If located in or near State General Plan Land Use (LU) Element Policies: LU 5.6.4 Responsibility Areas (SRAs) or lands classified as Very High Fire Local Coastal Program Policies: 2.8.8-3, 2.8.8-4 Hazard Severity Zones (VHFHSZ), Municipal Code: Chapter 2.20.050, Chapter 9.04, Chapter 15.04 would the Project expose people or structures, to significant risks, including downslope or downstream flooding or landslides, as a result of runoff, post -fire slope instability, or drainage changes. City of Newport Beach 31 12-93 Docusign Envelope ID: 2FA025FF-02F7-490D-B67E-DFEC9AD2E41D City of Newport Beach General Plan Housing Implementation Program Mitigation Monitoring and Reporting Program City of Newport Beach General Plan Housing Implementation Program Mitigation Monitoring and Reporting Program General Plan Policies, Local Coastal Program Coastal Land Responsible Party for Verification Use Plan (Local Coastal Program) Policies, Mitigation Measures (MM)/Conditions of Implementation Implementation/ Impact Thresholds Regulatory Requirements Approval Timing Approval Date Initials N otes: 1 Action 5G is referenced from the City of Newport Beach Housing Element. Acronyms: The following acronyms denote what element from the City of Newport Beach General Plan policies are referenced from. LU = Land Use Element HR = Historical Resources CE = Circulation Element R = Recreation Element NR = Natural Resource Element S = Safety Element N = Noise Element City of Newport Beach 32 12-94 Docusign Envelope ID: 2FA025FF-02F7-490D-B67E-DFEC9AD2E41D Planning Commission Resolution No. PC2025-004 Paae 9 of 13 I*:/:1111i1i AMENDMENT TO CHAPTER 20.28 (OVERLAY ZONING DISTRICTS (MHP, PM, B, H)) OF TITLE 20 (PLANNING AND ZONING) Table 2-16 of Section 20.28.50 (Housing Opportunity (HO) Overlay Zoning Districts) of Chapter 20.28 of the Newport Beach Municipal Code would be amended as follows, currently shown in redline -strikeout format for ease of reference only: TABLE 2-16 DEVELOPMENT STANDARDS FOR HOUSING OPPORTUNITY OVERLAY ZONES Housing Opportunity Subareas HO-1 HO-2 HO-3 HO-4 HO-5 HO-6 Development Feature Development Limit 2,577(11) 1,107 521 2,439(12) 1,530 N/A (units)(') Lot Size/Dimension Per Base Zone Lot area required per Minimum: 2,178 (20 Minimum: Minimum: All unit (sq. ft.)(2) du/ac) 2,178 (20 du/ac) 2,178 (20 Standards Maximum: 871 (50 du/ac) Maximum: du/ac) Per Base 871 (50 du/ac) Maximum: Zone 726 (60 du/ac)('0) Setbacks Front 0 ft.(3) 10 ft.(3) 10 0(3) 10 ft.(3) ft. (3)(4) Rear 0 20 ft. 20 ft. 0 20 ft. Side 0(4) Street Side 0(3) 10 ft.(3) 10 ft.(3) 0 ft.(3) 10 ft.(3) Height Per Base Zone unless 65 ft. 65 ft.(6) Per Base 65 ft. otherwise identified on Zone the map unless otherwise Identified on the map(7) Building Separation 10 ft. Floor Area Ratio (FAR) No restriction(8) Common Open Space(9) Minimum 75 square feet/dwelling unit. (The minimum dimension (length and width) shall be 15 feet.) Private Open Space(9) 5% of the gross floor area for each unit. (The minimum dimension (length and width) shall be 6 feet.) 01-17-23 12-95 Docusign Envelope ID: 2FA025FF-02F7-490D-B67E-DFEC9AD2E41D Planning Commission Resolution No. PC2025-004 Paae 10 of 13 TABLE 2-16 DEVELOPMENT STANDARDS FOR HOUSING OPPORTUNITY OVERLAY ZONES Development Feature Housing Opportunity Subareas HO-1 HO-2 I HO-3 I HO-4 I HO-5 HO-6 Fencing See Section 20.30.040 (Fences, Hedges, Walls, and Retaining Walls). Landscaping See Chapter 20.36 (Landscaping Standards). Lighting See Section 20.30.070 (Outdoor Lighting). Outdoor Storage/Display See Section 20.48.140 (Outdoor Storage, Display, and Activities). Parking See subsection (D)(3) of this section and Chapter 20.40 (Off -Street Parking). Satellite Antennas See Section 20.48.190 (Satellite Antennas and Amateur Radio Facilities). Signs See Chapter 20.42 (Sign Standards). (1) Development limits are additional residential development opportunities beyond the base allowances in this Title or the General Plan. These limits shall not include density bonus units or units that are either identified as pipeline units in the 6th Cycle Housing Element (Table B-2) or units that were applied for and predate the effective date of the HO Overlay Zoning Districts. Furthermore, eligible units are only counted against the development limits when they are either entitled or are issued a building permit if allowed by right. However, 25% of the development limit within each HO Overlay Zoning District that includes properties within the Coastal Zone shall be reserved until such a time as the City's Local Coastal Program has been amended to allow for housing consistent with the implementation of the 6th Cycle Housing Element. Following the City's Local Coastal Program Amendment, priority for the reserved units will be given to sites located within the Coastal Zone. (2) Minimum/maximum allowable density range may be based on an average density of the entire project site, excluding density bonus units. (3) Any portion of the building that is over 20 feet in height shall be setback a minimum 20 feet from the street right-of-way. (4) Except in the Mixed -Use Mariners Mile (MU-MM) Zoning District wherein residential uses are only allowed beginning 100 feet north of Coast Highway. (5) The combined total from both sides shall be 15 feet. (6) The height shall be limited to 35 feet in the Shoreline Height Limit Area, as identified in Map H-1. (7) "Base Zone" includes all height limitations established by the Sight Plane Ordinance (Ordinance No. 1371 and Ordinance No. 1596). (8) The FAR in this table only applies to residential floor area, including any supporting facilities. In mixed - use developments, the FAR for nonresidential is still applicable. (9) For purposes of this section, common and private open space in HO-1 may include enclosed shared amenities such as a clubhouse, swimming pool, tennis court, basketball court, racquetball court, weightlifting facility, children's playground equipment, sauna, jacuzzi, day care facility, or any other recreational amenities/facilities as deemed appropriate by the Community Development Director. (10)This density is intended for the former Coyote Canyon Landfill site only. The Sage Hill School site is limited to a maximum of 20 dwelling units. (11)Of the 2,577 base development units, 179 units (50 du/ac) shall be allocated to Site ID No. 77 (1201 Dove Street) from the 6th Cycle Housing Element Sites Inventory. (12)Of the 2,439 base development units for HO-4, 199 units (50 du/ac) shall be allocated to Site ID No. 362 (868 and 870 Santa Barbara Drive) from the 6th Cycle Housing Element Sites Inventory. 01-17-23 12-96 Docusign Envelope ID: 2FA025FF-02F7-490D-B67E-DFEC9AD2E41D Planning Commission Resolution No. PC2025-004 Paae 11 of 13 The following map would be updated in Section 20.80.025 (Housing Opportunity Overlay District maps) of Chapter 20.80 (Maps) of the NBMC and will be provided prior to City Council consideration: HO-4 — Newport Center Area (PDF) 01-17-23 12-97 Docusign Envelope ID: 2FA025FF-02F7-490D-B67E-DFEC9AD2E41D Planning Commission Resolution No. PC2025-004 Paae 12 of 13 EXHIBIT "C" AMENDMENT TO CHAPTER 21.28 (OVERLAY COASTAL ZONING DISTRICTS (MHP, PM, B, C, H, AND HO)) OF TITLE 21 (LOCAL COASTAL PROGRAM IMPLEMENTATION PLAN) Table 21.28-1 of Section 21.28.070 (Housing Opportunity (HO) Overlay Coastal Zoning Districts) of Chapter 21.28 of Title 21 (Local Coastal Program Implementation Plan) of the of the Newport Beach Municipal Code would be amended as follows, currently shown in redline -strikeout format for ease of reference only, and subject to California Coastal Commission review and approval: TABLE 21.28-1 DEVELOPMENT STANDARDS FOR HOUSING OPPORTUNITY OVERLAY ZONES Development Housing Opportunity Subareas Feature HO-1 7HO-2 HO-3 I HO-4 Lot Size/Dimension Per Base Zone Lot area required per unit (sq. ft.)' Minimum: 2,178 (20 du/ac) Maximum: 871 (50 du/ac) Minimum: 2,178 (20 du/ac) Maximum: 871 (50 du/ac) Setbacks Front 0 ft.(2) 10 ft.(2) 10 ft.(2)(3) 0(2) Rear 0 20 ft. 20 ft. 0 Side 0(4) Street Side 0(2) 10 ft.(2) 10 ft.(2) 0 ft.(2) Height Per Base Zone unless otherwise identified on the map 65 ft. 65 ft.(5) Per Base Zone —unless otherwise Identified on map�8� Building Separation loft. Floor Area Ratio (FAR) No restriction(6) Common Open Space(7) Minimum 75 square feet/dwelling unit. (The minimum dimension [length and width] shall be 15 feet.) Private Open Space 5% of the gross floor area for each unit. (The minimum dimension [length and width] shall be 6 feet.) Fencing See Section 21.30.040 (Fences, Hedges, Walls, and Retaining Walls). Landscaping See Section 21.30.075 (Landscaping) and 21.30.085 (Water Efficient Landscaping). Lighting See Section 21.30.070 (Outdoor Lighting). Parking See Subsection (D)(2) below and Chapter 21.40 (Off -Street Parking). Signs See Chapter 21.30.065 (Sign Standards). (1) Minimum/maximum allowable density range may be based on an average density of the entire project site, excluding density bonus units. 01-17-23 12-98 Docusign Envelope ID: 2FA025FF-02F7-490D-B67E-DFEC9AD2E41D Planning Commission Resolution No. PC2025-004 Paae 13 of 13 (2) Any portion of the building that is over 20 feet in height shall be setback a minimum 20 feet from the street right-of-way. (3) Except in the Mixed -Use Mariners Mile (MU-MM) Zoning District wherein residential uses are only allowed beginning 100 feet north of Coast Highway. (4) The combined total from both sides shall be 15 feet. (5) The height shall be limited to 35 feet in the Shoreline Height Limit Area, as identified in Map H-1. (6) The FAR in this table only applies to residential floor area, including any supporting facilities. In mixed -use developments, the FAR for nonresidential is still applicable. (7) For purposes of this section, common and private open space in HO-1 may include enclosed shared amenities such as a clubhouse, swimming pool, tennis court, basketball court, racquetball court, weightlifting facility, children's playground equipment, sauna, jacuzzi, day care facility, or any other recreational amenities/facilities as deemed appropriate by the Community Development Director. (8) "Base Zone" includes all height limitations established by the Sight Plane Ordinance (Ordinance No. 1371 and Ordinance No. 1596). The following map would be updated/added to pending Section 21.80.032 (Housing Opportunity Overlay District maps) of Chapter 20.80 (Maps) of the NBMC: HO-4 — Newport Center Area (PDF) 01-17-23 12-99 Attachment E February 20, 2025 ALUC Staff Report (No Attachments) 12-100 AIRPORT LAND USE COMMISSION ORANGE COUNTY FOR ORANGE COUNTY �4LuG 3160 Airway Avenue • Costa Mesa, California 92626 - 949.252.5170 fax: 949.252.6012 AGENDA ITEM 2 February 20, 2025 TO: Commissioners/Alternates FROM: Julie Fitch, Executive Officer SUBJECT: City of Newport Beach Housing Opportunity Overlay (HO) Zoning/Coastal Zoning Amendments Background In September 2021, the City of Newport Beach submitted its 2021-2029 Housing Element Update ("Update") to the Airport Land Use Commission for Orange County (ALUC) for a consistency review. The 2021-2029 Housing Element identified five focus areas in the City to meet its RHNA allocation of 4,845 total units, plus a buffer of 5,069 units. The focus areas are: Airport Area; West Newport Mesa; Dover-Westcliff; Newport Center; and Coyote Canyon (See Attachment 1). Your Commission found the Update to be inconsistent with the Airport Environs Land Use Plan for John Wayne Airport (AELUP for JWA) due to noise, safety and land -use incompatibility issues mainly for new units in the Airport Area. The City overruled ALUC's determination and adopted the Update in February 2022. In August 2023, the City submitted Housing Element Implementation/Noise Related Amendments, and in May 2024, the City submitted Housing Element Implementation Program General Plan Land Use Element and Title 20 Amendments. Both of these submittals were found to be inconsistent, and the City overruled ALUC on both. Most of the Newport Center area is within the North Newport Center Planned Community which allows for structures up to 295 feet. The North Newport Center Planned Community was originally adopted in 2007, with amendments in 2009, 2011, 2012 and 2015. The original Planned Community as well as the amendments were reviewed by your Commission and found to be consistent with the AELUP for JWA. No changes to the Planned Community are proposed. Proposed Project The City in now submitting proposed amendments to Newport Beach Municipal Code Title 20 (Planning and Zoning) and pending Title 21 (Local Coastal Program Implementation Plan). Some of the locations of the sites included in this project are located within the Notification Area for John Wayne Airport as shown on Attachment 2. The purpose of the amendments is to adjust 12-101 Agenda Item 2 — Housing Opportunity Overlay/Coastal Zoning Amendments February 20, 2025 Page 2 the height limits for certain properties within the Newport Center Area (HO-4 Subarea) to accommodate potential residential development; to designate 179 units from the 2,577-unit limit identified for the Airport Area HO-1 Subarea to City -owned property at 1201 Dove Street; and to designate 199 units from the 2,439-unit limit identified for the HO-4 Newport Center Subarea to City -owned property at 868 and 870 Santa Barbara Drive. These subareas correspond to the focus areas identified in Appendix B of the Housing Element. Because these units would be allocated from within the existing sub -area allocations, there would be no density increases or additional units with these amendments. The proposed Zoning Code Amendment would increase the maximum building height requirement for specified housing sites in the Newport Center Housing Opportunity (HO) Overlay Zoning District. Specifically, the proposed Project would increase the maximum building heights for 35 of the 247 housing sites identified in the Housing Element within the Newport Center Focus Area. See Attachment 3 for a table and exhibits showing existing and proposed heights. No increases in development capacities or changes to other development standards or development areas are proposed on any of these housing sites. In addition, footnotes would be added to Table 2-16 and Table 2-28-1 of the Zoning Code indicating the allocation of sites for 1201 Dove Street and 868 and 870 Santa Barbara Drive as shown in Attachment 4 (pages 9-13 of Planning Commission Resolution PC2025-004). Two of the properties that would be affected by the height increase at Newport Center, are within the JWA Notification Area and also located within the Newport Beach Local Coastal Zone boundary, so an amendment to the pending Local Coastal Zone Program would be required. The City has held/scheduled the following public hearings: January 23, 2025 Planning Commission March 11, 2025 City Council AELUP for JWA Issues Regarding Aircraft Noise Impacts: While the Housing Element includes numerous sites within the 65 dBA CNEL for John Wayne Airport, the site at 1201 Dove Street is in the 60 dBA CNEL Attachment 5. The property at 868- 870 Santa Barbara Drive and the Newport Center properties are outside of the noise contours. Regarding Height Restrictions: The sites included in this proposed project are within the Notification Area for JWA and some of the sites fall under the Federal Aviation Regulation (FAR) Part 77 Imaginary Surfaces. (See Attachment 6). The 1201 Dove Street and 868-870 Santa Barbara Drive sites are within the Horizontal Surface which would be penetrated at 206 feet Above Mean Sea Level (AMSL). The existing height limits for these sites is well below that and not proposed to change. Some of the 12-102 Agenda Item 2 — Housing Opportunity Overlay/Coastal Zoning Amendments February 20, 2025 Page 3 sites in Newport Center area are proposed for an increase in height limits of up to 270 feet. With ground elevations of 150 to 200 feet, the proposed increase would not penetrate the obstruction surface for JWA. Section 20.30.060(E) of the City's Planning and Zoning Code refers to AELUP requirements that structures shall not penetrate FAA Part 77 surfaces unless approved by ALUC, and that for structures that penetrate the 100:1 Notification Surface, a Form 7460-1 will be filed and submitted to ALUC. It also states that structures over 200 feet above ground level will be submitted to ALUC. The North Newport Center Planned Community also has similar language. (See Attachment 7). Regarding Flight Tracks and Safety Zones: As shown in Attachment 8 the 1201 Dove Street site is located in Safety Zone 6. According to the California Airport Land Use Planning Handbook, noise and overflight should be considered in Safety Zone 6. Attachment #9 illustrates flight tracks provided by the John Wayne Airport Noise Office for two separate days in December of 2024. As shown on the exhibits, there are numerous flights over this site and the Airport Area in general, however, the site is already designated for residential use and no new units are proposed. The Santa Barbara Drive and Newport Center sites are well outside of the safety zones. Regarding Heliports: No heliports are proposed as part of the Noise -Related Amendments, therefore, consistency with the AELUP for Heliports was not evaluated. Environmental Compliance The City Council adopted Resolution No. 2024-50 on July 23, 2024, certifying Final Program Environmental Impact Report SCH No. 2023060699 ("PEIR"), approving a Mitigation Monitoring and Reporting Program ("MMRP"), and adopting Findings and a Statement of Overriding Considerations related to the implementation of the Housing Element involving amendments to the General Plan, Coastal Land Use Plan, and Title 20 (Planning and Zoning) and Title 21 (Local Coastal Program Implementation Plan) of the NBMC. A Consistency Analysis Memorandum evaluating proposed amendments was prepared, and the City determined that no additional environmental review was required pursuant to State CEQA Guidelines Section 15162. Conclusion ALUC staff has reviewed this project with respect to consistency with the AELUP for JWA, including review of noise, height restrictions, overflight and imaginary surfaces. The recommendation below is based on the proposed allocation of approved residential unit allocations from the airport area to areas further from John Wayne Airport (in the 60 dBA CNEL and Safety Zone 6). The City's proposed changes would help reduce the public's exposure to 12-103 Agenda Item 2 — Housing Opportunity Overlay/Coastal Zoning Amendments February 20, 2025 Page 4 excessive noise and safety hazards around John Wayne Airport. Regarding the proposed increases in height, both the Newport Beach Planning and Zoning Code and the North Newport Center Planned Community Development Plan include the necessary language regarding height restrictions related to Part 77 and ALUC. Attachment 10 contains excerpts from the City of Newport Beach submittal for this project. The January 23, 2025 Newport Beach Planning Commission staff report and PowerPoint presentation can be found on the City's website: Staff report: https:Hecros.nMortbeachca. gov/WEB/DocView. aspx?id=3096724&dbid=0&repo=CNB PowerPoint: bgps:Hecros.newportbeachea. gov/WEB/DocView. aspx?id=3096725 &dbid=0&repo=CNB Recommendation That the Commission find the proposed Housing Opportunity Overlay (HO) Zoning/Coastal Zoning Amendments consistent with the AEL UP for JWA. Respectfully submitted, Julie Fitch Executive Officer Attachments: 1. Newport Beach Housing Element Focus Areas 2. Project Locations in JWA Notification Area 3. Existing and Proposed Heights 4. Zoning Code Tables Referring to Dove Street and Santa Barbara Drive 5. Project Locations and JWA Noise Contours 6. JWA Obstruction Imaginary Surfaces 7. Height References in Zoning Code and NNCPC 8. JWA Safety Zones 9. Flight Track Exhibits 10. Excerpts from City Submittal 12-104 Attachment F March 20, 2025 ALUC Staff Report 12-105 C}RA1�GE 4COUrNTY !�AdZLSG March 20, 2025 AIRPORT LAND USE COMMISSION FOR ORANGE COUNTY 3160 Airway Avenue • Costa Mesa, California 92626. 949.252.5I70 fax: 949-252.6012 AGENDA ITEM 1 TO: Conunissioners/Alternates FROM: Julie Fitch, Executive Officer SUBJECT: City of Newport Beach Housing Opportunity Overlay (HO) Zoning/Coastal Zoning Amendments (Continued from February 20, 2025) The proposed City of Newport Beach Housing Opportunity Overlay (HO) Zoning/Coastal Zoning Amendments project was considered at the February 20, 2025, meeting of Airport Land Use Commission (ALUC). No determination was made regarding consistency/inconsistency due to a lack of majority (quorum) vote. As stated in Section 3.5 of the ALUC Bylaws: "Quorum. Four members of the Commission constitute a quorum for the transaction of business. No act of the Commission shall be valid or binding unless four members concur therein. (Amended 5117190.)" On a 5-0 vote, the item was continued to the March 20, 2025, ALUC meeting. The City's original January 29, 2025, submittal, and subsequent requested information for this item was deemed complete by ALUC on February 10, 2025. Therefore, this meeting is within the 60-day review period mandated by the Bylaws and Public Utilities Code section 21676(d). The February 20, 2025, staff report for Agenda Item 2, Newport Beach Housing Opportunity Overlay (HO) Zoning/Coastal Zoning Amendments, is attached in its entirety without changes. Also attached is a public comment email received on February 19, 2025. Recommendation The recommended action on the Newport Beach Housing Opportunity Overlay (HO) Zoning/Coastal Zoning Amendments from February 20, 2025, remains unchanged as follows: That the Commission find the proposed Housing Opportunity Overlay (HO) Zoning/Coastal Zoning Amendments consistent with the AELUP for JWA. 12-106 Agenda Item I — Housing Opportunity OverlaplCoastal Zoning Amendments March 20, 2025 Page 2 Respectfully submitted, Julie Fitch Executive Officer Attachments: Public Cormnent Email Received February 19, 2025 Agenda Item 2 Staff Report - February 20, 2025 12-107 From: Jim Mosher To: Mailbox, ALUC Subject: Comment on ALUC Item 2 (2/20/2024 meeting) Date: Wednesday, February 19, 2025 4.46:10 PM Attention: This enufll originated rrom outside the County of Orang. Use caffliOn when opening -ittachlnents or links. Regarding Item 2 (The City of Newport Beach Housing Opportunity Overlay (HO) Zoning/Coastal Zoning Amendments) on tomorrow's agenda, I notice that the staff report correctly observes that the City's proposed action would not result in the creation of any new heliports. I don't know if it is relevant to the Commission's deliberations, but it might be noted they are proposing height increases quite close to the existing Newport Beach Police Heliport (3CA1 ) at 870 Santa Barbara Drive: Specifically, it looks like the current height limit of 32 feet flat/ 37 feet sloped on the parcel directly across Santa Barbara Drive, at 1470 Jamboree Road, would be increased to 110 feet. -- Jim Mosher 12-108 ORANGE COUNTY AIRPORT LAND USE C❑MMISSION F❑R ORANGE COUNTY rz 3160 Airway Avemie • Costa Mesa, California 92626.949.252.5170 fax: 949.252.6012 AGENDA ITEM 2 February 20, 2025 TO: Commissioners/Alternates FROM: Julie Fitch, Executive Officer SUBJECT: City of Newport Beach Housing Opportunity Overlay (HO) Zoning/Coastal Zoning Amendments Background In September 2021, the City of Newport Beach submitted its 2021-2029 Housing Element Update ("Update") to the Airport Land Use Commission for Orange County (ALUC) for a consistency review. The 2021-2029 Housing Element identified five focus areas in the City to meet its RHNA allocation of 4,845 total units, plus a buffer of 5,069 units. The focus areas are: Airport Area; West Newport Mesa; Dover-Westcliff; Newport Center; and Coyote Canyon (See Attachment 1). Your Commission found the Update to be inconsistent with the Airport Environs Land Use Plan for John Wafme Airport (AELUP for JWA) due to noise, safety and land -use incompatibility issues mainly for new units in the Airport Area. The City overruled ALUC's determination and adopted the Update in February 2022. In August 2023, the City submitted Housing Element Implementation/Noise Related Amendments, and in May 2024, the City submitted Housing Element Implementation Program General Plan Land Use Element and Title 20 Amendments. Both of these submittals were found to be inconsistent, and the City overruled ALUC on both. Most of the Newport Center area is within the North Newport Center Planned Community which allows for structures up to 295 feet. The North Newport Center Planned Community was originally adopted in 2007, with amendments in 2009, 2011, 2012 and 2015. The original Planned Community as well as the amendments were reviewed by your Commission and found to be consistent with the AELUP far JWA. No changes to the Planned Community are proposed. Proposed Project The City in now submitting proposed amendments to Newport Beach Municipal Code Title 20 (Planning and Zoning) and pending Title 21 (Local Coastal Program Implementation Plan). Some of the locations of the sites included in this project are located within the Notification Area for John Wayne Airport as shown on Attachment 2. The purpose of the amendments is to adjust 12-109 Agenda Item 2 — Housing Opportunity Overlay/Coastal Zoning Amendments February 20, 2025 Page 2 the height limits for certain properties within the Newport Center Area (HO-4 Subarea) to accommodate potential residential development; to designate 179 units from the 2,577-unit limit identified for the Airport Area HO-1 Subarea to City -owned property at I201 Dove Street; and to designate 199 units from the 2,439-unit limit identified for the H04 Newport Center Subarea to City -owned property at 868 and 870 Santa Barbara Drive. These subareas correspond to the: focus areas identified in Appendix B. of the Housing Element. Because these units would be allocated from within the existing sub -area allocations, there would be no density increases or additional units with these amendments. The proposed Zoning Code Amendment would increase the maximum building height requirement for specified housing sites in the Newport Center Housing Opportunity (HO) Overlay Zoning District. Specifically, the proposed Project would increase the maximum building heights for 35 of the 247 housing sites identified in the Housing Element within the Newport Center Focus Area. See Attachment 3 for a table and exhibits showing existing and proposed heights. No increases in development capacities or changes to other development standards or development areas are proposed on any of these housing sites. In addition, footnotes would be added to Table 2-16 and Table 2-28-1 of the Zoning Code indicating the allocation of sites for 1201 Dove Street and 868 and 870 Santa Barbara Drive as shown in Attachment 4 (pages 9-13 of Planning Commission Resolution PC2025-004). Two of the properties that would be affected by the height increase at Newport Center, are within the JWA Notification Area and also located within the Newport Beach Local Coastal Zone boundary, so an amendment to the pending Local Coastal Zone Program would be required. The City has held/scheduled the following public hearings: January 23, 2025 Planning Commission March 11, 2025 City Council AEL UP for JWA Issues Regarding Aircraft Noise Impacts: While the Housing Element includes numerous sites within the 65 dBA CNEL for John Wayne Airport, the site at 1201 Dove Street is in the 60 dBA CNEL Attachment 5. The property at 868- 870 Santa Barbara Drive and the Newport Center properties are outside of the noise contours. Regarding Height Restrictions: The sites included in this proposed project are within the Notification Area for JWA and some of the sites fall under the Federal Aviation Regulation (FAR) Part 77 Imaginary Surfaces. (See Attachment 6). The 1201 Dove Street and 868-870 Santa Barbara Drive sites are within the Horizontal Surface which would be penetrated at 206 feet Above Mean Sea Level (AMSL). The existing height limits for these sites is well below that and not proposed to change. Some of the 12-110 Agenda Item 2 — Housing opportunity overlay/Coastal Zoning Amendments February 20. 2025 Page 3 sites in Newport Center area are proposed for an increase in height limits of up to 270 feet. With ground elevations of 150 to 200 feet, the proposed increase would not penetrate the obstruction surface for JWA. Section 20.30.060(E) of the City's Planning and Zoning Code refers to AELUP requirements that structures shall not penetrate FAA Part 77 surfaces unless approved by ALUC, and that for structures that penetrate the 100:1 Notification Surface, a Form 7460-1 will be filed and submitted to ALUC. It also states that structures over 200 feet above ground level will be submitted to ALUC. The North Newport Center Planned Community also has similar language. (See Attachment 7). Regarding Flight Tracks and Safety Zones: As shown in Attachment S the 1201 Dove Street site is located in Safety Zone 6. According to the California Airport Land Use Planning Handbook, noise and overflight should be considered in Safety Zone 6. Attachment #9 illustrates flight tracks provided by the John Wayne Airport Noise Office for two separate days in December of 2024. As shown on the exhibits, there are numerous flights over this site and the Airport Area in general, however, the site is already designated for residential use and no new units are proposed. The Santa Barbara Drive and Newport Center sites are well outside of the safety zones. Regarding Heliports: No heliports are proposed as part of the Noise -Related Amendments, therefore, consistency with the AELUP for Heliports was not evaluated. Environmental Compliance The City Council adopted Resolution No. 2024-50 on July 23, 2024, certifying Final Program Environmental Impact Report SCH No. 2023060699 ("PEIR"), approving a Mitigation Monitoring and Reporting Program ("MMRP"), and adopting Findings and a Statement of Overriding Considerations related to the implementation of the Housing Element involving amendments to the General Plan, Coastal Land Use Plan, and Title 20 (Planning and Zoning) and Title 21 (Local Coastal Program Implementation Plan) of the NBMC. A Consistency Analysis Memorandum evaluating proposed amendments was prepared, and the City determined that no additional environmental review was required pursuant to State CEQA Guidelines Section 15162. ennrlacinn ALUC staff has reviewed this project with respect to consistency with the AELUP far JW4, including review of noise, height restrictions, overflight and imaginary surfaces. The recommendation below is based on the proposed allocation of approved residential unit allocations from the airport area to areas further from John Wayne Airport (in the 60 dBA CNEL and Safety Zone 6). The City's proposed changes would help reduce the public's exposure to 12-111 Agenda Item 2 — Housing opportunity Overlay/Coastal Zoning Amendments February 20, 2025 Page 4 excessive noise and safety hazards around John Wayne Airport. Regarding the proposed increases in height, both the Newport Beach Planning and Zoning Code and the North Newport Center Planned Community Development Plan include the necessary language regarding height restrictions related to Part 77 and ALUC. Attachment 10 contains excerpts from the City of Newport Beach submittal for this project. The January 23, 2025 Newport Beach Planning Commission staff report and PowerPoint presentation can be found on the City's website: Staff report: htt s:Hecros.new ortbeachea. ov/WEB/DocView.as x?id=3096724&dbid=0&re o=CNB PowerPoint: https://ecros.newportbeachca.gov/W EB/DocView. aspx?id=3 096725&dbid=0&repo=CNB Recommendation That the Commission find the proposed Housing Opportunity Overlay (HO) Zoning/Coastal Zoning Amendments consistent with the AELUP for JWA. Respectfully submitted, Julie Fitch Executive Officer Attachments: i . Newport Beach Housing Element Focus Areas 2. Project Locations in JWA Notification Area 3. Existing and Proposed Heights 4. Zoning Code Tables Referring to Dove Street and Santa Barbara Drive 5. Project Locations and JWA Noise Contours 6. JWA Obstruction Imaginary Surfaces 7. Height References in Zoning Code and NNCPC 8. JWA Safety Zones 9. Flight Track Exhibits 10. Excerpts from City Submittal 12-112 rnsrr��les.� .° { - s � Qar f�•� e r sf P Y![ro;pA sr , •,l J err r 5 w lgp"sr HO 2 West Newport Mesa 'oH rwr 1, 107-unit limit n sr s.}a~ Q w e jj a 5'�'/ �- I - 'rJa •r ,`r�i i, e � � rvAo rto � �o„„��tiN❑ •.,y} 1' p4 L' w gArr�6F y�N M1�3 8 OR 8r Yrj w S x Bar j eve&r"Ur ow, hfgA -F44 �q Qa kr� ;ter Y' o � oR �r uticvrresrrr on ATTACHMENT 1 S', 12-113 City of Newport Beach Housing Opportunity (HO) Overlay Zoning District Amendments ALUC Submittal, January 29, 2025 EXHIBIT A - Notification Area/Planning Area l,„ end 0 JWA Notification Area Affected Site F31fR70e \rwpwr H•w i 00 fiar!•w f�yide _ Bn.hsr> _ ` - B.,ra tr•.I .,fl[-4 r, - In I d. Iilr �rwlwre [ ��r. � � In'inr [rr r.,.r i lnlr•„ I.I.,n,i N e tilr. Xl.,.n }Illl j'� lln. LInnA g,dFnl I, Lill, l In' r Inrnr VV H.d1,nd Llald }L.,hor 1 ien %"'T.rl &idle 12-114 Docusign Envelope ID 2FAU25FF-02F7-49OD-B67E-DFEC9AD2E410 (2) Amend the Zoning Map to identify the HO Overlay Zoning Districts. (3) Adopt City of Newport Beach Multi -Unit Objective Design Standards. (Resolution Nos. 2024-17 and 2024-16). + Local Coastal Program Amendment. Amend the Local Coastal Program for rezoning program implementation for those sites located in the Coastal Zone. (Resolution No. 2024-52) ■ City Charter Section 423. Approve a ballot measure for a major amendment to the General Plan in compliance with City Charter Section 423. (Resolution No. 2024-58) Proposed Project Description The proposed Municipal Code Amendment would increase the maximum building height requirement for specified housing sites in the Newport Center Housing Opportunity (HO) Overlay Zoning District, as outlined in the City of Newport Municipal Code (Municipal Code) Chapter 20.28 and pending Chapter 21.28. Specifically, the proposed Project would increase the maximum building heights for only 32 (all within the Newport Center Focus Area) of the 247 housing sites identified in the 2021-2029 Housing Element, as outlined in Table 1: HO-4 Newport Center Area - Existing and Proposed Height Limits and depicted on Exhibit 1: HO-4 Newport Center Area Existing Height Limits, Exhibit 2: HO-4 Newport Center Area Proposed Height Limits, and Exhibit 3: HO-4 Newport Center Area Exist!ng/Proposed Height Limits. No increases in development capacities orchanges to other development standards or development areas are proposed on any of these housing sites. Additionally, the proposed Project does not propose any changes to the other 215 housing sites identified in the 2021-2029 Housing Element. Table 1: H04 Newport Center Area - Existing and Proposed Height Limits Housing Site Existing Height Proposed Height 148"; 321/37' 60' 149 32'/37' 60' 155 32'/37' 85' 164 32'/37' 60' 168 32'/37' 60' 169 32'/37' 60, 17301 32'/37' 60, 175 32'/37' 60' 181 50' 50' 182 50' 60, 185 32'/37' 85' 186 32'/37' 85' 187 32'/37' 85' 192 50' 85' 203 50' 85' 212 32' 50' 240 50' 60' 257 50' 60' 339 32'/37'l2I 110, 340 32'/37' 85' 341 32'/37' 95, 345 32'/37' 270' 346 32'/37' 270' 347 32'/37' 270' ATTACHMENT 3 12-115 Docusign Envelope ID: 2FA025FF-02F7-490D-867E-DFEC GAD2E49D Table 1: HD-4 Newport Center Area - Existing and Proposed Height Limits Housing Site Existing Height Proposed Height 348 32'/37' 270' 349 32'/37' 270' 350 32'/37' 270' 351 321/37' 270' 352 32'/37' 270' 353 300' 1101 354 50' 60' E 32'/37' 270' Notes: L The maximum allowable height for portions of Housing Sites 148 and 173 within the Newport Center Sight ?lane would not change. These sites' maximum allowable height would remain between 15' to 32% 2. The "32737"' limit reflects "flat/sloped" height limits. In addition, the proposed Municipal Code Amendment would add footnotes forth eAirport Area Housing Opportunity (HO-1) Overlay Zoning District and HO-4 Overlay Zoning ❑istrict to identify a certain number of units being allocated from the respective development limits to a select group of City -owned properties. 12-116 Docusign Envelope ID: 2FA025FF-02F7-49OD-B67E-DFEC9AD2E410 Base Map Legend IN Newport Center Sight Plane [No Changes] established by Ordnance Ms. 1271. 1596. 83.27 and 91.97. This area u hawred in tm-gh1 by a unilofm slope defined by canour Irnes o/ ekve[ion above mean sea level- Skuctares are generally Wm7ed ro behvwn 15 and 321ev w heglu ham exrsVng grade. � Coastal Zone Bourdary 50' Disclaimers While every effort has been made to ensure the accuracy of information depicted in this exhibit, the City cannot make guarantees. This is Intended for initial analysis only. Inquiries regarding individual sites should be made for confirmation of the information presented herein - This exhibit is intended to be reviewed in I conjunction with Exhibit 2 (proposed Height Limits) and Exhibit 3 (ExistinglProposed Height Limits). 1 1 a � l 1 f Nigh Rise 2'I37 A WipwPorl c*n6w Sight PRIM -15 1032, Exhibit 1 HO-4 Newport Center Area Existing Height Limits A ' A A;- MGM en 0 W_- - sa_n ras om w > ..0%n�A Base Map Legend Housing Opportunity Overlay (Coastal Zone) 7 Housing Opportunity Overlay (Outside Coastal Zone) Newport Center Sight Plane (No Changes) ■� Coastal Zone Boundary Proposed Maximum Height ID 32 feet (flat)137 feet (sloped) v 48 feet Q 5D feet (flat)155 foot (sloped) 70 feet 85 feet 110 feet Q 150 foot © 270 feet Note: All sites wlth0ut J height specified are subject t0 the height limit prescribed by the underlying base zoning district (see Exhibits 1 and 3). f Disclaimers While every effort has been made to ensure the accuracy of information depicted in this exhibit, the City cannot make guarantees. This is intended for initial analysts only. Inquiries regarding individual sites should be made far confirmatton of the information presented herein _ This exhibit is intended to be reviewed in r conjunction with Exhibit t (Existing Height Limits) and Exhibit 3 (Existing/Proposed Height Limits) r1... DRAFT Newport J—t-rSight P .. + C �. Exhibit 2 ,7 NE"I HO-4 Newport Center Area C rr o4 N►.%W* Moth Proposed Height Limits °'S°"'` � �Ke�s,.oa, aoaa 12-118 aocusign Envelope ID: 2FA025FF-42F7-49Qa-867E-❑FEG9AD2E41D Base Map Legend ViscialmeTs While LVhile every effort has been made to ensure Newport Center Sight Plane (No Charges) the accuracy of information depicted in this exhibit, the City cannot make guarantees. FOR Housing Opportunity Site This is Intended For initial analysis only. Inquiries regarding individual sites should t_ Coastal Zone Boundary be made for confirmation of the informalian ` 1�� _ presented herein. This exhibit is intended to be reviewed in I Proposed Maximum Height conjunction with Exhibit 1 (Existing Height 0 32137 Feet r_ Limits) and Exhibit 2 {Proposed Height Lim- 0 70 feet its}, &5 feet k - 110 Feet 150 feet i 1` 270 feet Note: All sites without a height specified are subject to the height limit prescribed by the underlying base zoning district (see Exhibit 1)- 01 rL DRAFT,,- .7- FAU go. 295' 125' 295' Willimpkm to 32' T__ -F'S] 14 Exhibit 3 HO-4 Newport Center Area " NBGiS Cnv n1 Me -Owl peen Existing/Proposed Height Limits 12-119 Docusign Envelope 1D: 2FA025FF-02F7-490D-B67E-DFEC9AD2E410 Planning Commission Resolution No. PC2025-004 Paae 9 of 13 EXHIBIT "B" AMENDMENT TO CHAPTER 20.28 (OVERLAY ZONING DISTRICTS (MHP, PM, B, H)) OF TITLE 20 (PLANNING AND ZONING) Table 2-16 of Section 20.28.50 (Housing Opportunity (HO) Overlay Zoning Districts) of Chapter 20.28 of the Newport Beach Municipal Code would be amended as follows, currently shown in redline -strikeout format for ease of reference only: TABLE 2-16 DEVELOPMENT STANDARDS FOR HOUSING OPPORTUNITY OVERLAY ZONES Housing Opportunity Subareas Development Feature HO-1 HO-2 HO-3 HO-4 HO-5 HO-6 Development Limit 2,577" 1,107 521 2,439"2' 1.530 NIA (units)1'3 Lot Size/Dimension Per Base Zone Lot area required per Minimum: 2,178 (20 Minimum: Minimum: All unit (sq. ft.)14 dulac) 2,178 (20 dulac) 2,178 (20 Standards Maximum: 871 (50 dulac) Maximum: dulac) Per Base 871 (50 dulac) Maximum: Zone 726 (60 dulac){` Setbacks Front 0 ft.131 10 ft.13' 10 0131 10 ft.°3} ft001 Rear 0 20 ft. 20 ft. 0 20 ft. Side 0(4) Street Side 013! 10 ft.131 10 ft_131 0 ft.131 10 ft.01 Height Per Base Zone unless 65 ft. 65 ft.161 Per Base 65 ft. otherwise identified on Zone the map unless otherwise Identified on the naapR'1 Building Separation 10 ft. Floor Area Ratio (FAR) No restriction(" Common Open Spac0f Minimum 75 square feet/dwelling unit. [The minimum dimension [length and width] shall be 15 feet.] Private Open Spac&l 5% of the gross floor area for each unit. (The minimum dimension (length and width) shall be 6 feet.) 01- l 7-23 ATTACHMENT 4 12-120 Docusign Envelope ID: 2FAD25FF-02F7-490D-B67E-DFEC9AD2E41 D Planning Commission Resolution No. PC2025-004 Paae 10 of 13 TABLE 2-16 DEVELOPMENT STANDARDS FOR HOUSING OPPORTUNITY OVERLAY ZONES Development Feature Housing Opportunity Subareas HO-1 HO-2 I HO-3 I HO-a I HO-5 H❑-6 Fencing See Section 20,30_0Q (Fences, Hedges, Walls, and Retaining Walls). Landscaping See Chapter ZQa6 {Landscaping Standards}. Lighting See Section 20.30.07Q (Outdoor Lighting). Outdoor Storage/Display See Section 2.0_42._.140 (Outdoor Storage, Display, and Activities). Parking See subsection (D)(3) of this section and Chapter 20,40 (Off -Street Parking). Satellite Antennas See Section 20.48,190 (Satellite Antennas and Amateur Radio Facilities). Signs See Chapter 24 :AZ (Sign Standards). (1) Development limits are additional residential development opportunities beyond the base allowances in this Title or the General Plan. These limits shall not include density bonus units or units that are either identified as pipeline units in the 6t' Cycle Housing Element (Table B-2) or units that were applied for and predate the effective date of the HO Overlay Zoning Districts. Furthermore, eligible units are only counted against the development limits when they are either entitled or are issued a building permit if allowed by right. However, 25% of the development limit within each H❑ Overlay Zoning District that includes properties within the Coastal Zone shall be reserved until such a time as the City's Local Coastal Program has been amended to allow for housing consistent with the implementation of the 6th Cycle Housing Element. Following the City's Local Coastal Program Amendment, priority for the reserved units will be given to sites located within the Coastal Zone. (2) Minimum/maximum allowable density range may be based on an average density of the entire project site, excluding density bonus units- (3) Any portion of the building that is over 20 feet in height shall be setback a minimum 20 feet from the street right-of-way. (4) Except in the Mixed -Use Mariners Mile (MU-MM) Zoning District wherein residential uses are only allowed beginning 100 feet north of Coast Highway. (5) The combined total from both sides shall be 15 feet. (6) The height shall be limited to 35 feet in the Shoreline Height Limit Area, as identified in Map H-1. (7) "Base Zone" includes all height limitations established by the Sight Plane Ordinance (Ordinance No. 1371 and Ordinance No. 1596). (8) The FAR in this table only applies to residential floor area, including any supporting facilities. In mixed - use developments, the FAR for nonresidential is still applicable. (9) For purposes of this section, common and private open space in HO-1 may include enclosed shared amenities such as a clubhouse, swimming pool, tennis court, basketball court, racquetball court, weightlifting facility, children's playground equipment, sauna, Jacuzzi, day care facility, or any other recreational amenitiesifacilities as deemed appropriate by the Community Development Director, (10)This density is intended for the former Coyote Canyon Landfill site only. The Sage Hill School site is limited to a maximum of 20 dwelling units. (11)Ofthe 2,577 base development units. 179 units (50 dulac) shall be allocated to Site ID No. 77_0201 Dove Streett from_ the 6th Cycle Housing Element Sites Inventory. (12)Of_the 2,439 base development units for HO-4, 199 units (50 dWac) shall be allocated to Site 10 No . 362 (868 and 870 Santa Barbara Drive) from the 6M Cycle Housing Element Sites Inventory. ❑1-17-23 12-121 Doausfgn Envelope ID: 2FA025FF-02F7-49OD-B67E-DFEC9AD2E41 D Planning Commission Resolution No. PC2025-004 Paqe 11 of 13 The following map would be updated in Section 20.80.025 (Housing Opportunity Overlay District maps) of Chapter 20.80 (Maps) of the NBMC and will be provided prior to City Council consideration: HO-4 — Newport Center Area (PDF) 0 1 -17-23 12-122 Docusign Envelope ID 2FA025FF-02F7-490D-B67E-DFEC9AD2E41 ❑ Planning Commission Resolution No. PC2025-004 Pape 12 of 13 EXHIBIT "C" AMENDMENT TO CHAPTER 21.28 (OVERLAY COASTAL ZONING DISTRICTS (MHP, PM, B, C, H, AND HO)) OF TITLE 21 (LOCAL COASTAL PROGRAM IMPLEMENTATION PLAN) Table 21.28-1 of Section 21.28.070 (Housing Opportunity (HO) Overlay Coastal Zoning Districts) of Chapter 21.28 of Title 21 (Local Coastal Program Implementation Plan) of the of the Newport Beach Municipal Code would be amended as follows, currently shown in redline -strikeout format for ease of reference only, and subject to California Coastal Commission review and approval: TABLE 21.28-1 DEVELOPMENT STANDARDS FOR HOUSING OPPORTUNITY OVERLAY ZONES Development Housing Opportunity Subareas Feature HO-1 HO-2 HO-3 HO-4 Lot Size/Dimension Per Base Zone Lot area required per unit (sq. ft.)' Minimum: 2,178 (20 dulac) Maximum: 871 (50 dulac) Minimum: 2,178 (20 dulac) Maximum: 871 (50 dulac) Setbacks Front 0 ft.(2) 10 ft.«y 10 ft.(2){3) 0(2) Rear 0 20 ft. 20 ft. 0 Side 0(4) Street Side 0«r 10 ft.(2) 10 ft.(z) 0 ft.(,) Height Per Base zone unless otherwise identified on the ma 65 ft. 65 ft.(') Per Base Zone —unless otherwise Identified on map (8) Building Separation 10 ft. Floor Area IRado (FAR) No restriction(6) Common Open Space) Minimum 75 square feet/dwelling unit. (The minimum dimension [length and width] shall be 15 feet.) Private Open Space 5% of the gross floor area for each unit. (The minimum dimension [length and width] shall be 6 feet.) Fencing See Section 21.30,040 (Fences, Hedges, Walls, and Retaining Walls). Landscaping See Section 21.30.075 (Landscaping) and 21.30.085 (Water Efficient Landscaping). Lighting See Section 21.30.070 (Outdoor Lighting). Parking See Subsection (D)(2) below and Chapter 21.40 (Off -Street Parking). Signs See Chapter 21.30.065 (Sign Standards). (1) Minimum/maximum allowable density range may be based on an average density of the entire project site, excluding density bonus units. 01-17-23 12-123 Doousign Envelope ID: 2FA025FF-02F7-490D-B67E-❑FEC9AD2E410 Planning Commission Resolution No. PC2025-004 Paae 13 of 13 (2) Any portion of the building that is over 20 feet in height shall be setback a minimum 20 feet from the street right-of-way. (3) Except in the Mixed -Use Mariners Mile (MU-MM) Zoning District wherein residential uses are only allowed beginning 100 feet north of Coast Highway. (4) The combined total from both sides shall be 15 feet. (5) The height shall be limited to 35 feet in the Shoreline Height Limit Area, as identified in Map H-1, (6) The FAR in this table only applies to residential floor area, including any supporting facilities, In mixed -use developments, the FAR for nonresidential is still applicable. (7) For purposes of this section, common and private open space in HO-1 may include enclosed shared amenities such as a clubhouse, swimming pool, tennis court, basketball court, racquetball court, weightlifting facility, children's playground equipment, sauna, jacuzzi, day care facility, or any other recreational amen It! eslfaciIities as deemed appropriate by the Community Development Director. (8) "Base Zone" includes all height limitations established by the Si ht Plane Ordinance ordinance No. 1371 and Ordinance No. 1596). The following map would be updated/added to pending Section 21.80.032 (Housing Opportunity Overlay District maps) of Chapter 20.80 (Maps) of the NBMC: HO-4 — Newport Center Area (PDP) 01-17-23 12-124 City of Newport Beach Housing opportunity {HC) Overlay Zoning District Amendments ALLIC Submittal, January 29, 2025 EXHIBIT B1 - 2008 AELLlP Noise Contours HS.L � \r f ...!•Lr rr Nrl.nurt ISil4 alai urn. Ii.r.: H.r. \rrq •nrr Flrr �]rl. Ir]r Einl.nr RrdCr \'r•rpon Rider It" .ln.; .- Snwl•le .lr•. y�rl l rrrlrr t rnd.i I.:r N—T-1 k . �rr.•r I{+.I•.. I•Lin1 In'mr 11-k- 40 l...Ilgl A Irs V lea•. Liur'f 13.Ihn.. I•Lrn'I Lr rer 1n�m. 11.111n.r 1- I'd 51 e.N r %kra I R: l 12-125 City of Newport Beach Housing Opportunity (HO) OverLay Zoning District Amendments ALUC SubmittaL, January 29, 2625 EXHIBIT D — Obstruction Imaginary Surfaces !10RIZ0NTXL. SURFACF ��' •S CD C0313 Mass up V'1 s1.1E AVER ' � 10. .fir`. V:ua Q- ir'• 11 2Q CON AL ■ - .. V �•, • �jp:1 AP fur..... R..L t SU ACE •• ; flu FP 1j x BA(:k$4 1 • 14FH ST: $_. • � G+rN CWn. Cl +�•lr L �• � � /,r Pon �� '•"''tr.—ate �..r.n r rrrd, nr �a vy ram= •YJ'�• a� o.,M.r .. �r�. `yr i 4' Nerr�.'Sr awe P' •r.�y - �`. rr gv ,M"Pwr • •, � p r,t N f�i R.F. Hl—, Mini. 71 t,�^� YY.acHr rl �+' � IpIY Port ' O �k yJ r f-- _ � MIWi Nrk .�•�.. �. ir�..•. HWY W wyrrn..� _.w'•4, �1 Him M C rbu nt N} ■■m 8,1Iy� t•k ��nf�e L�O�, rYdM.t frMa1 �rau w..`4A` San ^ vori n. QrJ/ f irk Eun len4� '0 L' Fo.L Joaquin No. � M1 • ` . +.4nwrkd'. �pk.n. M�Pork� fb.Y•Low, ava■ Yaw+o YNlls FR,.Y 8n Jnvn CfnrNr '^ rklls pp H.-b. Hr. off CON at p ' Sou" eEan. HERE Gnnnln N IQ r,-4 2a.- F. nJarman PAETI, EVy Cnim �1 Ke ng) Esn K... fvi iTrAYeYiHr��1 'yGr J 1-mo 1 OPen Srmelbpp jnb rom aM rwa.1 S, U." r eWri.�lry l7GE p zI 12-126 NEWPORT BEACH MUNICIPAL CODE Title 20 PLANNING AND ZONING* 20.30.060 Height Limits and Exceptions. E. Airport Environs Land Use Plan (AELUP) for John Wayne Airport and Airport Land Use Commission (ALUC) Review Requirements. 1. AELUP Requirements. a. Buildings and structures shall not penetrate Federal Aviation Regulation (FAR) Part 77, ❑bstruction—Imagi nary Surfaces, for John Wayne Airport unless approved by the Airport Land Use Commission (ALUC). b. In compliance with FAR Part 77, applicants proposing buildings or structures that penetrate the 100:1 Notification Surface shall file a Form 7460-1, Notice of Proposed Construction or Alteration with the FAA. A copy of the FAA application shall be submitted to the ALUC and the applicant shall provide the City with FAA and ALUC responses. 2. Citywide Requirements. Development projects that include structures higher than two hundred (200) feet above existing grade shall be submitted to the Airport Land Use Commission (ALUC) for review. In addition, projects that exceed a height of two hundred (200) feet above existing grade shall file Form 7460-1 with the Federal Aviation Administration (FAA). (Drd. 2015-12 § 4, 2015; Ord. 2012-11 § 1 (Exh. A), 2012: ❑rd. 2010- 21 § 1 (Exh. A)(part), 2010) ATTACHMENT 7 12-127 Land Uses, Development Standards & Procedures Section III. Site Development Standards III. Site Development Standards The following site development standards shall apply to the North Newport Center Planned Community. A. Permitted Height of Structures 1. Standards for Allowable Heights Allowable heights are determined by sub -area. All building heights are measured at finished grade. Rooftop appurtenances and architectural features are permitted and may exceed the maximum building height by up to 10 feet. Rooftop appurtenances must be screened from view, the height of rooftop appurtenances shall not exceed the height of screening. Supports for window washing equipment are permitted, and are not required to be screened from view. No setbacks are required. Architectural features must be an extension of the architectural style of the building in terms of materials, design and color. Fashion Island: The maximum heights of structures within Fashion Island are depicted in Table 3, Fashion Island Height Limits. Table 3 — Fashion Island Height Limits Building 'type Height Major buildings 125 feet Mall buildings 75 feet Parking structures 55 feet Periphery buildings 40 feet Block 100: The maximum height of all structures shall be 50 feet as measured from finished grade. Blocks 400, 500, and 600: The maximum height of all structures shall be 295 feet as measured from finished grade. Block 800: The maximum height of all structures within the residential portion shall be 200 feet as measured from finished grade. The maximum height of all strictures within the commercial office portion shall be 125 feet as measured from finished grade. San Joaquin Plaza: The maximum height of all structures in San Joaquin Plaza shall be 65 feet as measured from finished grade. 2. Standards for Buildings Over 200 Feet in Height a. Aviation Compatibility Prior to issuance of building permits, the project applicant must demonstrate that the following conditions have been satisfied. New development shall be required to comply with the following conditions related to the Airport Environs Land Use Plan (AELLT) for the John Wayne Airport: 1. For development of structures that exceed 200 feet in height above ground level at a development site, applicants shall file a Notice of Proposed Construction or Alteration with the Federal Aviation Administration (FAA) (FAA Form 7460-1). Following the FAA's Aeronautical Study of the project, projects must comply with conditions of North Newport Center Planned Community Development Plan 15 November 10, 2015 12-128 Land Uses, Development Standards & Procedures Section 111. Site Development Standards approval imposed or recommended by the FAA. Subsequent to the FAA findings, the City shall refer the project to the Airport Land Use Commission (ALUC) of Orange County for consistency analysis. 2. No buildings within the North Newport Center Planned Community area shall penetrate the FAA Federal Aviation Regulations (FAR) Part 77 imaginary obstruction surface for John Wayne Airport. Applicants shall file a Notice of Proposed Construction or Alteration with the FAA (Form 7460-1) for any construction cranes that exceed 200 feet in height above ground level. b. Shade Standards Prior to issuance of a building permit for a structure over 200 feet in height that has the potential to shade residential areas north of San Joaquin Hills Road, a shade study shall be prepared by the applicant and submitted to the City. The shade study shall demonstrate that the new development will not add shade to the designated residential areas beyond existing conditions for more than three hours between the hours of 9:00 a.m. and 3:00 p.m. Pacific Standard Time, or for more than four hours between the hours of 9:00 a,m. and 5:00 p.m. Pacific Daylight Time. The shade study shall be prepared to the satisfaction of the Community Development Director and the Communty Development Director shall determine conformance with the standards identified herein as part of the plan review process. C. Rooftop Appurtenances Rooftop appurtenances are permitted and may exceed the maximum building height up to 20 feet. Rooftop appurtenances shall demonstrate compliance with conditions related to the AELUP for the John Wayne Airport, consistent with Section IH(A)(2)(a). Rooftop appurtenances must be screened from view; the height of rooftop appurtenances shall not exceed the height of the screening. Supports for window washing equipment are permitted, and are not required to be screened from view. No setbacks are required, The Community Development Director shall notify the Planning Commission and City Council if rooftop appurtenances above the height limit are approved, consistent with Section IV(A)(3). d. Architectural Features Architectural features are permitted and may exceed the maximum building height up to 20 feet. Such features must be an extension of the architectural style of the building in terms of materials, design and color. Architectural features shall demonstrate compliance with conditions related to the AELUP for the John Wayne Airport, consistent with Section III(A)(2)(a). The Community Development Director shall notify the Planning Commission and City Council if architectural features above the height limit are approved, consistent with Section IV(A)(3). B. Setback Requirements Setbacks for the seven sub -areas are listed below. Setbacks for surface parking must be screened using hedges, landscaping or other similar methods. Setbacks are the minimum distance from the property line to building., parking structure, or parking lot, unless otherwise specified. This is not intended to apply to interior lot lines or property lines. North Newport Center Planned Community Development Plan 1 F, November 10, 2015 12-129 City of Newport Beach Housing Opportunity (HO) Overlay Zoning District Amendments ALUC Submittal, January 29, 2025 EXHIBIT C —Airport Safety Zones f N 212dR 2 {r, sy r� 6 f1. i fd .. r °R 4 � �r /2 �y qLF tt New 2 m z OD Do- Pyi. yko K.„I[A C r!•rk I�ark Nr rrov North OPSUN AVI a � A 1 1 12-130 ^1Y 6 JOHN WAYNE AIRPORT ORANGE COUNTY John Wayne Airporf Access & Noise Office �` • y��i a '. k ` tt L_ rr 1I�I�F-y .- wr ►V `�1,• 4ti sL'-��; r~�.,�'� '+ xIYz I'•,9 tv •r .y plr��:i^gtC'll 1ii Irk nw �n Aw� r.l►� '�� r • �, �`rV . '�!'i*./ �� Fr ++e# r� r _� :1 ❑ i� I' I I N }`T fr �� .''` F a%�, i r.•r• "� 1 F� C'•I'' AL Of hr �•� k{ r'• 1� r ! r , �` `' . I - ! iTt �• . l ` • ••N a `,y-•y.w, ~ — An F_A5 i l.l �F' 3 LN.ti< �i.nlreF511'+ 71 �1 '-------- Ap Nil �4 • �I}r7 �` i+ HA BAYS' �;r,. E�WR0R V,IL � - .. R MT E San aaglii • ° ' _ � �� tip•` a 1. i fAk 5.L90,N": +. 11 l lit r JOHN WAYNE AIRPORT J ORANGE COUNTY �rrilx John Wayne Airport Access & Noise Office .ry� v�� A, lington,D •�:O► r' P_10il f-• fry e - `� f �, %L, P f �l �• Ft -� �S' E. A R F'„ !�,�i�"•gig: ... � ► �_ ,• �S ,, / Ry tn� r r nFr kill, NL D J V .1f _ B 0 h' I .T A-•y�� ►.�."� - S1I0R J, CANYON �y i'Forw k .i ,•.•. r .. e ; . i �• \ .t s46Z•.,•,• 'o' r ;'.' HABOR VIs=W a.... �1r. 11/0'r I' f , lei FJA•�S�C�[ ,� ►:�h �, ; H.4RL30,R -+41.L'LIN -k N ENWIP [) RDCE, K' i tI I #}� ;■ : �4- • ►,+1 ► €�- �. •.San _ UiII�- ,•�r'}-moth - �1�"•,� {40 yti 11 Rif :►� �'a} `+•J ,.�`Yi`t l w:. 1-1 111 CITY OF NEWPORT BEACH fir" PO 100 Civic Center Drive O(t Newport Beach, California 92660 [�► 949 644-3100 _ n newportbeachca.gov/communitydevelopment U } x C9�IFpR rA RECEIVED January 29, 2025 JAN 2 9 2025 Julie Fitch, Executive Officer ARPMLAND USE C 1! Airport Land Use Commission for Orange County 3160 Airway Avenue Costa Mesa, CA 9262E RE: City of Newport Beach Housing Opportunity (HO) Overlay Zoning/Coastal Zoning Amendments Dear Ms. Fitch, Pursuant to Section 4.3 (Amendments to General Plans and Specific Plans [Zoning]) of the Airport Environs Land Use Plan (AELUP) for John Wayne Airport, the City of Newport Beach (City) requests that the Airport Land Use Commission (ALUC) review the City's proposed narrowly focused amendments to Title 20 (Planning and Zoning) and pending Title 21 (Local Coastal Program Implementation Plan) of the Newport Beach Municipal Code (NBMC) for consistency with the Airport Environs Land Use Plan (AELUP) at its meeting on February 20, 2025. The purpose of the amendments is to adjust the height limitations of certain properties within the Newport Center Area (HO-4) Subarea to accommodate potential residential development within the Intended prescribed density range, and to allocate units from the respective development limits for a group of City -owned properties located within the Airport Area Environs Area (HO-1) and HO-4 Subareas. It is important to emphasize that no density or additional units are being proposed with these amendments. These Subareas correspond directly to the Focus Areas identified in Appendix B (Adequate Sites Analysis) of the certified Ern Cycle Housing Element (Housing Element). I believe the enclosed materials adequately address all the required information your office needs to evaluate and bring our application to hearing on February 20, 2025. Should this not be the case, please know the City is committed to providing any additional information necessary to constitute a complete application and stands ready to provide such information at a moment's notice. I can be reached at 949-644-3253 or bzdebaCa7newportbeachca.gov_. You may also reach out to Deputy Community Development Director Jaime Murillo at 949-644-3209 or imurillaCc�newportbeachca.goy. Thank you for your time and consideration of our application. The City looks forward to collaborating with ALUC and ALUC staff on this matter. Si01y,Bd a, AICP, Planning Manager ATTACHMENT 10 Attachments' 1a. Title 20 (Zoning & Planning Code) Amendment Submittal Form & Checklist 1b. Title 21 (Local Coastal Program Implementation Plan) Amendment Submittal Form & Checklist 2.a. Planning Commission Resolution No. PC2025-004 2.b January 23, 2025, Planning Commission Staff Report with Attachments 2.c January 23, 2025, Planning Commission Memorandum with Attachments 3, Strikethrough-Underline Tables & Existing/Proposed Height Exhibits 4. AELUP and City Noise, Height, and Safety Consistency Analysis Exhibits' A. Notification Area/Planning Area B1 & B2. Noise Contours C. Airport Safety Zones D. Obstruction imaginary Surfaces 12-134 rOxAr4-kCOLNrY AIRPORT LAND USE COMMISSION P.L.uc FOR ORANGE COUNTY SUBMITTAL FORM: ❑ GENERAL PLAN • ❑ SPECIFIC PLAN • ® ZONING CODE 1. Name of City or County: City of Newport Beach 2. Contact Information - Name/"title Ben Zdeba/Planning Manager Agency: City of Newport Beach Address: 100 Civic Center Drive, Newport Beach, CA 92660 P hone/email: 949-644-3253/bzdeba@newportbeachca.gov 3. Airport Planning Area(s): John Wayne Airport ❑ Fullerton Municipal Airport ❑ JFTB - Los Alamitos 4. Item being submitted for review (submit each item separately): Zoning Code Amendment Name of General Plan Element, Specific Plan or Planned Community: Housing Opportunity (Ho) Overlay Zoning District Amendments — Title 20 (Planning & Zoning) of Newport Beach Municipal Code 5. Scheduled date of Planning Commission Choose month Public Hearing: 112312025 6. Tentative date of City Council/Board of Supervisors Public Hearing: 3/11/2025 7. Requested date of ALUC Review February 20. Complete submittals must be received by the first day of the month to be considered for the next meeting dote. 8. Does the item submitted propose a change of land use or heights within the airport Notification/Planning Area*? ❑ No (skip items # 9-12). ® Yes (continue below). 9. Does the item propose a change of ❑ land use, ❑ density or ❑ heights within the ❑60 CNEL or 065 CNEL noise contours of the airports)*? Please attach an exhibit showing locations) of the sites in relation to noise contours. 10. Are IZ noise or ❑x height policies/mitigation measures included in the proposed item or elsewhere in the General Plan? ❑ 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, ❑ density or ❑ heights within the Runway Protection Zone (RPZ), Clear Zone (CZ), or Airport Safety Zones of the airport*? If so, please attach exhibit(s) showing location(s) of sites. 12. Does the item submitted propose a change of ❑ land use, ❑ density or ® heights within the Obstruction Imaginary Surfaces*? If so, please attach exhibit(s) showing location of sites. 13. Please indicate current 32 ft to 65 feet and proposed 32 feet to 270 feet maximum heights allowed. Con f hued on next page. 12-135 Page 2 SUBMITTAL. CHECKLIST: General Plan • Specific Plan • Zoning Code M Cover letter on City/County letterhead. Completed Submittal Form. Z Link to existing Section 20.28.050 Housing Opportunity (HO) Overlay Zoning Districts and proposed please see Attachment 3 General Plan Element, Specific Plan or Zoning Code for this submittal. Attachment showing proposed changes to General Plan Element, Specific Plan or Zoning Code Section(s) with strikethrough/underline. X Exhibit showing location(s) of project locations within the Notification Area/Planning Area for airport(s). 21 Exhibit showing location(s) of project locations in relation to noise contours for airportjs7. ® Exhibit showing location(s) of project locations in relation to Airport Safety Zones. ® Exhibit showing location(s) of project locations in relation to the Obstruction Imaginary Surfaces. ❑ Attachment showing current and proposed noise and/or policies/mitigation measures (if applicable). ® Explanation of how the General Plan, Specific Plan, or Zoning Code address the AELUP standards for noise impact, safety compatibility, and height restriction zones. Please see Attachment 4 ® Describe land use, height and density changes in cover letter and attach pages of General Plan, Specific Plan and/or Zoning Code where maximum heights are specified. ® Provide information regarding CECIA compliance. *For airport planning/notification areas, noise contours, safety zones and obstruction imaginary surfaces see Appendix D of the applicable Airport Environs Land Use Plan (AELUP) at: https://www.oca ir.com/about/administration/airport-pave rnance/com m issions/ai rport-land-use- cammission/ Noise sensitive uses include but are not limited to community facilities such as: churches, libraries, schools, preschools, day-care centers, hospitals, and nursing/convalescent homes. Mail or FinailSubmittal Form, Checklist and attachments to: Airport Land Use Commission far Orange County, Attn: Executive Officer, 3160 Airway Avenue, Costa Mesa, CA 92626 / Phone: (949) 252-5170 ALUCinfo@ocair.com 0j 1r d5 12-136 r-7 AIRPORT LAND USE COMMISSION ALUC FOR ORANGE COUNTY SUBMITTAL FORM: ❑ GENERAL PLAN • ❑ SPECIFIC PLAN • ® ZONING CODE 1. Name of City or County: City of Newport Beach 2. Contact Information - Name/Title Ben Zdeba/Planning Manager Agency: City of Newport Beach Address: 100 Civic Center Drive, Newport Beach, CA 92660 Phone/email: 949-644-3253/bzdeba@newportbeachca.gov 3. Airport Planning Are a(s): z John Wayne Airport ❑ Fullerton Municipal Airport ❑ JFTB - Los Alamitos 4. Item being submitted for review (submit each item separately): Zoning Code Amendment Name of General Plan Element, Specific Plan or Planned Community: Pending Housing Opportunity (HO) Overlay Zoning Districts Amendments — Tit1e 21 (Local Coastal Program Implementation Plan) of Newport Beach Munipal Code 5. Scheduled date of Planning Commission Choose month. Public Hearing: 112312025 6. Tentative date of City Council/Board of Supervisors Public Hearing: 3/11/2025 7. Requested date of ALUC Review February 20. Complete submittals must be received by the first day of the month to be considered for the next meeting date. 8. Does the item submitted propose a change of land use or heights within the airport Notification/Planning Area*? ❑ No (skip items # 9-12). ® Yes (continue below). 9. Does the item propose a change of ❑ land use, ❑ density or ❑ heights within the ❑60 CNEL or 1--]65 CNEL noise contours of the airports)*? Please attach an exhibit showing location(s) of the sites in relation to noise contours. 10. Are ® noise or ® height policies/mitigation measures included in the proposed item or elsewhere in the General Plan? ❑ No ® Yes - Please attach pages with current (and proposed if applicable) noise policies/mitigation measures highlighted. 11. Does the item submitted propose a change of ❑ land use, ❑ density or ❑ heights within the Runway Protection Zone (RPZ), Clear Zone (CZ), or Airport Safety Zones of the airport*? If so, please attach exhibit(s) showing location(s) of sites. 12. Does the item submitted propose a change of ❑ land use, ❑ density or IR heights within the Obstruction Imaginary Surfaces*? If so, please attach exhibit(s) showing location of sites. 13. Please indicate current 32 feet to 65 feet and proposed 32 feet to 270 feet maximum heights allowed. Continued on next page. 12-137 Page 2 SUBMITTAL CHECKLIST: General Plan - Specific Plan • Zoning Code ® Cover letter on City/County letterhead. ® Completed Submittal Form. ® Link to existing City Council Resolution 2024-52 and proposed please see Attachment 3 General Plan Element, Specific Plan or Zoning Code for this submittal. ® Attachment showing proposed changes to General Plan Element, Specific Plan or Zoning Code Sections) with strikethrough/underline. ® Exhibit showing location(s) of project locations within the Notification Area/Planning Area for airport(s). ® Exhibit showing location(s) of project locations in relation to noise contours for airport(s). ® Exhibit showing location(s) of project locations in relation to Airport Safety Zones. ® Exhibit showing location(s) of project locations in relation to the Obstruction Imaginary Surfaces. ❑ Attachment showing current and proposed noise and/or policies/mitigation measures (if applicable). ® Explanation of how the General Plan, Specific Plan, or Zoning Code address the AELUP standards for noise impact, safety compatibility, and height restriction zones. Please see Attachment 4 ® Describe land use, height and density changes in cover letter and attach pages of General Plan, Specific Plan and/or Zoning Code where maximum heights are specified. ® Provide information regarding CEQA compliance. *For airport planning/notification areas, noise contours, safety zones and obstruction imaginary surfaces see Appendix D of the applicable Airport Environs Land Use Plan (AELUP) at: https://www.oca ir.com/about/admi n istration/a irport-governance/commissions/airport-land-u re- commission/ Noise sensitive uses include but are not limited to community facilities such as: churches, libraries, schools, preschools, day-care centers, hospitals, and nursing/convalescent homes. Mail or Email Submittal Form, Checklist and attachments to: Airport Land Use Commission for Orange County, Attn: Executive Officer, 3160 Airway Avenue, Costa Mesa, CA 92626 / Phone: (949 )252-5170 ALUCinfo@ocoir.com 12-138 Docusogn Envelope ID'. 2FA025FF-02F7-490d-B67E-DFEC9AD2E410 RESOLUTION NO. PC2025-004 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH, CALIFORNIA, RECOMMENDING THE CITY COUNCIL APPROVE AN AMENDMENT TO SECTION 20.28.050 (HOUSING OPPORTUNITY (HO) OVERLAY ZONING DISTRICTS) OF TITLE 20 (PLANNING AND ZONING) AND PENDING SECTION 21.28.070 [HOUSING OPPORTUNITY (HO) OVERLAY COASTAL ZONING DISTRICTS] IN TITLE 21 (LOCAL COASTAL PROGRAM IMPLEMENTATION PLAN) OF THE NEWPORT BEACH MUNICIPAL CODE (PA2024-0205) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1, STATEMENT OF FACTS. On September 24, 2024, the City Council adopted Ordinance Nos. 2024-16 and 2024-17, approving amendments to Title 20 (Planning and Zoning) of the Newport Beach Municipal Code ("NBMC"), to establish the Housing Opportunity (HO) Overlay Zoning Districts in Section 20.28.050 (Housing Opportunity (HO) Overlay Zoning Districts) and to create multi -unit objective design standards in Section 20.48.185 (Multi -Unit Objective Design Standards). The new sections serve to implement Policy Actions 1A through 1 G and 3A in the General Plan 61h Cycle Housing Element ("Housing Element"). 2. Section 20.28.050 of the NBMC allows for new housing opportunities within five subareas to ensure the City can accommodate its 61h Cycle Regional Housing Needs Assessment ("RHNK) allocation. These subareas correspond to the Focus Areas identified in the Housing Element and are as follows: Airport Area Environs Area (HO-1), West Newport Mesa Area (HO-2), Dove r-WestcliffAre a (HO-3), Newport Center Area (HO-4), and Coyote Canyon Area (HO-5). Properties identified within these subareas are eligible for specified development allowances conducive to residential development at the prescribed average density of 20 to 50 dwelling units per acre. The standards include but are not limited to minimum lot area, setbacks, height, open space, landscaping, and parking. 3. On July 23, 2024, the City Council adopted Resolution No. 2024-52, authorizing submittal of the Local Coastal Program Amendment to the California Coastal Commission to amend the City's Coastal Land Use Plan and Title 21 (Local Coastal Program Implementation Plan) of the NBMC to establish the Housing Opportunity (HO) Overlay Coastal Zoning Districts and their corresponding development standards applicable to properties located within the Coastal Zone to implement the Housing Element. 4. On November 19, 2024, the City Council adopted Resolution No. 2024-85, initiating an amendment to Section 20.28.050 of the NBMC and the pending complementary amendments in Title 21 of the NBMC, to review and make possible adjustments to certain development standards, including but not limited to building height limits specified in Table 2-16 (Development Standards for Housing Opportunity Overlay Zones) of Section 12-139 ❑ccus4gn Envelope ID.2FA025FF-02F7-4900-BB7E-DFEC9AiD2E41D Planning Commission Resolution No. PC2025-004 Paae2of13 20.28.050 (Housing Opportunity (HO) Overlay Zoning Districts) and pending Table 21.28- 1 (Development Standards for Housing Opportunity Overlay Zones) of the NBMC. 5. An amendment to Table 2-16 of Section 20.28.050 and pending Table 21.28-1 of the NBMC is necessary to adjust the height limitations of certain properties within the HO-4 subarea to accommodate potential residential development with the intended prescribed density range, and to identify a certain number of units being allocated from the respective development limits for a selected group of City -owned properties located within HO-1 and HO-4 subareas. The corresponding Housing Opportunity Overlay District Maps in Section 20.80.025 and pending Section 21.80.035 would also be amended accordingly ("Amendment"). 6. A public hearing was held on January 23, 2025, in the Council Chambers at 100 Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of the public nearing was given in accordance with California Government Code Section 54950 of seq. ("Ralph M. Brown Act") and Chapters 20.62 (Public Hearings) and 21.62 (Public Hearings) of the NBMC. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this public hearing. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. Pursuant to the California Environmental Quality Act ("CEQA"} as set forth in California Public Resources Code Section 21000 et seq. and its implementing guidelines set forth in California Code of Regulations, Title 14, Division 6, Chapter 3 ("CEQA Guidelines"), the City Council adopted Resolution No. 2024-50 on July 23, 2024, certifying Final Program Environmental Impact Report SCH No. 2023060699 ("PEIR"), approving a Mitigation Monitoring and Reporting Program ("MMRP"), and adopting Findings and a Statement of Overriding Considerations related to the implementation of the Housing Element involving amendments to the General Plan, Coastal Land Use Plan, and Title 20 (Planning and Zoning) and Title 21 (Local Coastal Program Implementation Plan) of the NBMC which) are available at: Homn4#mplementa_tion Program EIR. 2. Pursuant to Section 21166 of the California Public Resources Code and Section 15162 of the CEQA Guidelines, when an environmental impact report ("EIR") is adopted 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 fo{Iowing: 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 01-1;-23 12-140 Doousign Envelope ID: 2FA025FF-02F7-49OD-867E-DFEC9AD2E41D Planning Commission Resolution No. PC2025-004 Paae 3 of 13 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 EIR was adapted as complete, shows any of the following: i. The project will have one or more significant effects not discussed in the previous negative declaration-, ii. Significant effects previously examined will be substantially more severe than shown in the adopted negative declaration-, 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 measures or alternatives; or iv. Mitigation measures or alternatives which are considerably different from those analyzed in the previous negative declaration would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measures or alternatives. 3. The Amendment, which include adjustment to the height limitations of certain properties within the HQ-4 Subarea to accommodate potential residential development with the intended prescribed density range. and to identify the number of units Being allocated from the residential development limits for certain City -owned properties within HQ-1 and HO-4 Subareas, does not constitute 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 the EIR, nor has any new information regarding the potential for new or more severe significant environmental impacts been identified as detailed in the CEQA Consistency Memorandum, which is attached hereto as Exhibit "A" and incorporated by reference. Therefore, in accordance with Section 21166 of the California Public Resources Code and Section 15162 of the CEQA Guidelines, no additional environmental review is required to adopt the Amendments. SECTION 3. FINDINGS. Title 20 (Planning and Zoning) Amendment An amendment to Title 20 (Planning and Zoning) of the NBMC is a legislative act. Neither Title 20 itself nor California Government Code Section 65000 et seq., sets forth any required findings for approval of such amendments. However, Section 20.66.040 (Commission Recommendation) of the NBMC requires the Planning Commission to make and file a report of its findings and recommendations with the Council- 01-17•23 12-141 Docusign Envelope ID: 2FA025FF-02F7-490d-B67F-OFEc9Ad2E410 Planning Commission Resolution No. PC2025-004 Paae 4 of 13 Findings and Facts in Support of Finding-. 1. Title 20 of the NBMC serves as the City's Zoning Code, which is a tool to ensure consistency with and implementation of the General Plan. It is necessary to amend and update Title 20 from time to time to ensure the policies set forth by the General Plan are being implemented effectively. 2. The Amendment specific to Title 20 (Planning and Zoning) of the NBMC, which is attached hereto as Exhibit "B" and incorporated herein by reference will further enable the implementation of the Housing Element's key objective, which is to accommodate the development of housing to fulfill City's obligation to meet regional housing demands. Specifically, the Amendment will allow increased height limitations for certain properties within HO-4 to accommodate residential developments within the intended prescribed density range while furthering the longstanding vision for development in Newport Center, as noted in General Plan Land Use Element Policy 6.14.4 (Development Scale). Increased heights will accommodate density on smaller sites and/or fewer sites and will increase walkabifity for residents and activate the urban core of Newport Center to create a true mixed -use community while decreasing development footprints and encouraging increased open space and views through developments. 3. The Amendment will also allocate a portion of the development limits in HO-1 and HO- 4 to City -owned sites where there is a potential for redevelopment with housing projects within the Housing Element's planning period. Title 21 (Local Coastal Program Implementation Plan) Amendment An amendment to Title 21 (Local Coastal Program Implementation Plan) of the NBMC is a legislative act. Neither Title 21 itself nor California Government Code Section 65000 et seq., sets forth any required findings for approval of such amendments. Findings and Facts in Support of Finding, 1 . The Housing Element includes Section 4 (Housing Plan), which sets forth programs and strategies to facilitate and encourage the development of the City's obligation to meet regional housing demand. Appendix B of the Housing Element is the Sites Analysts and identifies several sites to be rezoned to allow for potential redevelopment with housing projects. A number of these sites are within the Coastal Zone. As Title 20 has been amended to add the new HO Overlay Zones with associated development standards, similarly, the amendment to Local Coastal Program Implementation Plan to add the new Overlay Coastal Zones for properties within the Coastal Zone has been prepared and submitted to the California Coastal Commission for consideration- 2. The Amendment specific to Title 21 (Local Coastal Program Implementation Plan) of the NBMC, attached hereto as Exhibit "C," and incorporated herein by reference, will create consistency in implementation between Titles 20 and 21 of the NBMC and will help to fulfill the Housing Plan, as the proposed Amendment will facilitate the development of housing consistent with the Housing Element. 01-17-23 12-142 ❑ocusign Envelope ID: 2FA025FF-o2F7-49OD-B6 7 E-DFEC9AD2E4I D Planning Commission Resolution No. PC2025-004 Paae 5 of 13 SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1- In accordance with Section 21166 of the California Pubiic Resources Code and Section 15162 of the of the CEQA Guidelines, no additional environmental review is required as the Amendment does not constitute 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 the EIR, nor has any new information regarding the pctentia> for new or more severe significant environmental impacts been identified as detailed in the CEQA Consistency Memorandum. which is attached hereto as Exhibit "A." 2. The Planning Commission hereby recommends to the City Council approval of the Amendment to Title 20 (Planning and Zoning) and Title 21 (Local Coastal Program Implementation Plan) of N13MC as part of the consideration of the adopted 61h Cycle Housing Element implementation programs, as contained in Exhibits "B" and "C," and identified as PA2024-0205, and with inclusion of Housing Element Site ID Nos. 146 and 147 with a maximum height limit of 50 feet (flat) and 55 feet (sloped) and Site ID No. 141 with a maximum height limit of 48 feet. PASSED, APPROVED, AND ADOPTED THIS 23RD DAY OF JANUARY, 2025. AYES: Elimore, Harris, Lowrey, Rosene, and Salene NOES: None ABSENT: None RECUSED. Langford BY' Mark Rosene. Chair BY V"J S aL� David Salene, Secretary d1-1 -23 12-143 Doousign Envelope ID: 2FA025FF-02F7-49OD-B67E-DFEC9AD2E41❑ Planning Commission Resolution No. PC2025-004 Paae 5 of 13 Attachments: Exhibit A — CEQA Consistency Memorandum Exhibit B — Amendment to Chapter 20.28 (Overlay Zoning ❑istricts (MHP, PM, B, and H)} of Title 20 (Planning And Zoning) Exhibit C — Amendment to Pending Chapter 21.28 (Overlay Coastal Zoning Districts (MHP, PM, B, C, H. and HO)) of Title 21 (Local Coastal Program Implementation Plan) 01-1 -23 12-144 docusign Envelope ID. 2FA025FF-02F7-490p-867E-oFEC9Aa2E41D City of Newport Beach General Plan Housing Implementation Program Consistency Analysis City of Newport Beach General Plan Housing Implementation Program Consistency Analysis The purpose of this memo is to provide the City of Newport Beach (City) with information to substantiate that the proposed changes to the City of Newport Beach General Plan Housing Implementation Program (approved Project) are within the scope of the certified City of Newport Beach General Plan Housing Implementation Program Final Environmental Impact Report (Final FIR; State Clearinghouse Number 2023060699). The proposed changes would increase the maximum building heights on specified housing sites in the Newport Center Housing Opportunity (HO) Overlay Zoning District, as set forth in Chapter 20.28 and pending Chapter 21.28 [Housing Opportunity (HO) Overlay Zoning Districts] of City of Newport Municipal Code (Municipal Code), hereinafter referred to as "proposed Project." State California Environmental Quality Act (CEQA) Guidelines (Title 14, California Code of Regulations [CCR] §§15000 et seq.} State CEQA Guidelines Sections 15162 and 15164 provide guidance regarding when additional environmental review is required. The following discussion identifies the applicable subsections of State CEQA Guidelines Sections 15152 and 15164 and provides justification for the City to make a determination that subsequent review pursuant to CEQA is not required for the proposed Project, based on the environmental analysis provided in the Final FIR and this consistency analysis. State CEQA Guidelines Section 15162 — Subsequent EIRs and Negative Declarations (a) When an FIR has been certified or a negative declaration adopted for a project, no subsequent EIR shall be prepared for that project unless the lead agency determines, on the basis of substantial evidence in light of the whole record, one or more of the following; (1) Substantial changes are proposed in the project which will require major revisions of the previous FIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. As documented in the consistency analysis, no new or substantially more severe significant environmental effects beyond what was evaluated in the Final FIR would occur that would require substantive revisions to the Final FIR. The proposed Project would not result in substantially increased impacts beyond what was evaluated in the Final FIR. (2) Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous El or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. As documented in the consistency analysis, there have been no changes in circumstances under which the proposed Project is being undertaken compared to the Final FIR. The proposed Project would be implemented within the same study areas evaluated in the Final FIR. The proposed Project would not result in new significant environmental effects or a substantial increase in the severity of previously identified significant effect, as compared to those previously identified in the Final FIR. (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 FIR was certified as complete or the negative declaration was adopted, shows any of the following: 12-145 Docusign Envelope ID: 2FAO 25FF-a2Fi-490D-B67E-DFEC9AD2E41 D City of Newport Beach General Plan Housing Implementation Program Consistency Analysis (A) The project will have one or more significant environmental effects not discussed in the previous FIR or negative declaration; (B) Significant effects previously examined will be substantially more severe than shown in the previous FIR; No new information of substantial importance, which was not known at the time the Final FIR was certified is now available or shows that the proposed Project will result in a new or more significant environmental effect. As documented in the consistency analysis, the previously examined significant effects would not be substantially more severe than shown in the Final EIR as a result of the proposed Project. The Final EIR's findings are applicable to the proposed Project, (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. No mitigation measures 1n the Final El were found infeasible, as documented in the consistency analysis. All Final EIR mitigation measures would also apply to the proposed Project and are provided in Attachment A: Mitigation Monitoring and Reporting Program. As documented in the consistency analysis in this document, the proposed Project would not result in any new significant environmental effects that are substantially different from those identified in the Final EIR, nor would it substantially increase the severity of significant effects previously identified in the Final EIR. Therefore, a consistency analysis to the Final EIR is the appropriate documentation for the proposed Project to supplement the Final EIR. The City will consider this consistency analysis with the Final FIR prior to making a decision on the proposed Project. Background The Final EIR was previously prepared to evaluate the potential environmental impacts of the implementing actions associated with the City's 61" Cycle Housing Element for 2021-2029 (2021-2029 Housing Element). The Housing Element is one of the state -mandated General Plan elements and must be updated every eight years to address existing and projected housing needs across all segments of the community. The City Council adopted the 2021-2029 Housing Element on September 13, 2022, The State of California Department of Housing and Community Development (HCO) subsequently found the 2021- 2029 Housing Element to be in compliance with State housing law (i.e., certified) on October 5, 2022. The Regional Housing Needs Assessment (RHNA) is a State housing law requirement that is part of the periodic updating of local General Plan Housing Elements. It is a process that determines the existing and projected housing needs (i.e., RHNA allocation) for all jurisdictions (cities and unincorporated county areas) to provide opportunities for a mix of unit types, tenure, and affordability. Each jurisdiction must demonstrate that its Housing Element can accommodate its RHNA allocation at all income levels. The City`s 6" Cycle RHNA allocation is 4,845 housing units, including 1,456 Very -Low -Income and 930 Low -Income units. 12-146 ❑ocusign Envelope ID 2FA025FF-02F7-490d-867E-QFEC9AD2E41D City of Newport Beach General Plan Housing implementation Program Consistency Analysis In addition to the 6"' Cycle RHNA allocation, the Final EIR analysis accounted for additional housing units as a buffer to address future "no net loss" to preclude the need to identify replacement sites during 61h Cycle implementation.= Therefore, the Final EIR conservatively analyzed a total development capacity of 9,914 units, including future residential development capacity of up to 9,649 units (4,845 RHNA plus a 5,069-unit buffer) on 247 housing sites, 25 units of pipeline projects, and 240 accessory dwelling units. However, only a portion of the housing units identified on the housing sites are necessary to accommodate the City's RHNA planning obligation of 4,845 housing units. The City is not required to build housing units to meet its RHNA allocation; it is only required to identify potential sites and create the framework to allow the market the opportunity to develop these units. The 2021-2029 Housing Element does not directly construct new housing but facilitates the development of housing units by adopting implementing actions. The 2021-2029 Housing Element identifies six Focus Areas in the City with sufficient capacity to meet its RHNA allocation for the 6" Cycle. The six Focus Areas in the 2021-2029 Housing Element are: • Airport Area ■ West Newport Mesa • Dover-Westcliff • Newport Center ■ Coyote Canyon • Banning Ranch As part of the approved Project, amendments to the General Plan Land Use Element's goals and policies were adopted, including modifications to existing land use goals and policies, as well as the addition of new policies that further the implementation of the 2021-2029 Housing Element. Amendments were also adopted to the City's Local Coastal Program Coastal Land Use Plan, including modifications to existing policies and additions of new policies. To facilitate future housing development within the six identified Focus Areas, five corresponding "Housing Overlay Zones" were proposed and adopted to increase the maximum allowable density for future housing projects on identified housing sites within each Focus Area. A Housing Overlay Zone was not proposed for Banning Ranch. A sixth Housing Overlay Zone applies to the 5" Cycle Housing Element for 2014-2021 housing sites. In addition to the Housing Overlay Zones, the Municipal Code was amended to add Mufti -Unit Objective Design Standards and Zoning Maps were amended to identify the Housing Overlay Zoning Districts. The City of Newport Beach General Plan Housing Implementation Program was approved, and the Final EIR was certified on July 23, 2024. Approval of the City of Newport Beach General Plan Housing Implementation Program included the following discretionary actions: • Certification of the City of Newport Beach General Plan Housing Implementation Program Final Program Environmental Impact Report. (Resolution No. 2024-50) • General Plan Amendment. Amend the General Plan Land Use Element to include changes to goals and policies consistent with the adopted and certified 2021-2029 Housing Element. (Resolution No. 2024-51) Municipal Code Amendment. (1) Amend Newport Beach Municipal Code Chapter 20,28, Overlay Zoning Districts, to include Section 20.29.050. Housing Opportunity (HO) Overlay Zoning Districts. ' State housing laws require cities and counties to identify RHNA obligations by income category. A future housing applicant is not required to meet affordability goals. The City is obligated to ensure there is no net loss when projects are developed such that there are adequate opportunities for the City to meet its RHNA obligations. If there is a net loss, the City has 120 days to provide rezoning that accommodates the net loss. Therefore, Newport Beach included a buffer to avoid the net loss scenario. 12-147 Docusign Envelope ID: 2FA025FF-p2F7-490D-B67E-DFEC9AD2E410 (2) Amend the Zoning Map to identify the HO Overlay Zoning Districts. (3) Adopt City of Newport Beach Multi -Unit Objective Design Standards. jResolution Nos. 2024-17 and 2024-16). In Local Coastal Program Amendment. Amend the Local Coastal Program for rezoning program implementation for those sites located in the Coasta! Zone. (Resolution No. 2024-52) ■ City Charter Section 423. Approve a ballot measure for a major amendment to the General Plan in compliance with City Charter Section 423. (Resolution No. 2024-58) Proposed Project Description The proposed Municipal Code Amendment would increase the maximum building height requirement for specified housing sites in the Newport Center Housing Opportunity (HO) Overlay Zoning District, as outlined in the City of Newport Municipal Code (Municipal Code) Chapter 20.28 and pending Chapter 21.28. Specifically, the proposed Project would increase the maximum building heights for only 32 (all within the Newport Center Focus Area) of the 247 housing sites identified in the 2021-2029 Housing Element, as outlined in Table 1: HO-4 Newport Center Area - Existing and Proposed Height Limits and depicted on Exhibit 1: HO-4 Newport Center Area Existing Height Limits, Exhibit 2: HO-4 Newport Center Area Proposed Height Limits, and Exhibit 3: HO-4 Newport Center Area Existing/Proposed Height Limits. No increases in development capacities or changes to other development standards or development areas are proposed on any of these housing sites. Additionally, the proposed Project does not propose any changes to the other 215 housing sites identified in the 2021-2029 Housing Element. Table 1: HO-4 Newport Center Area - Existing and Proposed Height Limits Housing Site Existing Height Proposed Height 148M 32'/37' 60' 149 32'/37' 60' 155 32'/37' 85' 164 32'/37' 60' 168 32'/37' 6o' 169 32'/37' 6o' 173{1} 32'/37' 60' 175 32'/37' 60' 181 50' 50' 182 50' 60' 185 32'/37' 85' 186 32'/37' 85' 187 32'/37' 85' 192 50' 85' 203 50' 85, 212 32' 50' 240 50' 60' 257 50' 60' 339 32'/3Vz} 110' 340 32'/37' 85' 341 32'/37' 85' 345 32'/37' 270' 346 32'/37' 270' 347 32'/37' 27Y 12-148 Docusign Envelope ID: 2FA025FF-02F74900-887E-DFEC9AD2E41❑ Table 1: HO-4 Newport Center Area - Existing and Proposed Height Limits Housing Site Existing Height Proposed Height 348 32'/37' 270' 349 32'/37' 270' 350 32'/37' 270' 351 32'/37' 270' 352 32'/37' 270' 353 300' 110, 354 so' 60' E 32'/37' 270' Notes: 1. The maximum allowable height for portions of Housing Sites 148 and 173 within the Newport Center Sight Plane would not change. These sites' maximum allowable height would remain between 1S' to 32'. 2. The "32'/37"' limit reflects "flat/sloped" height Ilmits. In addition, the proposed Municipal Code Amendment would add footnotes for the Airport Area Housing Opportunity (HO-1) Overlay zoning District and HO-4 Overlay Zoning District to identify a certain number of units being allocated from the respective development limits to a select group of City -owned properties. 12-149 Docusign Envelope ID: 2FA025FF-42F7-499D-B67E-DFEC9AD2E41❑ Land Use and Planning Approved Project Summary. The Final EIR concluded that there would be a less than significant impact concerning land use and planning. The approved Project would not result in the division of an established community because housing sites are located throughout the City rather than in a single concentrated area. The approved Project did not propose any major roadways that would traverse an existing community or neighborhood. The approved Project did not propose any changes to the existing General Plan land use categories that govern land uses within the City, including the five land use designations that solely accommodate residential development. No changes were proposed to the designations' densities or housing types. The approved Project did propose amendments to the General Plan Land Element goals and policies. However, upon approval, a less than significant impact concerning conflicts with Municipal Code plans and standards adopted for the purpose of avoiding or mitigating an environmental effect would occur. The approved Project was found to be consistent with applicable existing and proposed General Plan goals and policies and the Local Coastal Program's existing and proposed policies. Proposed Project. The proposed Project would increase the maximum allowable height on specified housing sites but would not increase the residential development capacities of any housing sites or change their development areas, as assumed for the approved Project. The proposed Project would not result in the division of an established community because it does not propose any major roadways that would traverse an existing community or neighborhood. The proposed Project involves a Zone Change to increase the maximum building heights on specified housing sites in the HO-4 Overlay Zoning District, as set forth in Municipal Code Chapter 20.28 and pending Chapter 21.28. The proposed Project is consistent with the General Plan's goals and objectives, including, but not limited to: • Policy LU 5.1.2 —Compatible Interfaces. Require that the height of development in nonresidential and higher density residential areas transition as it nears lower density residential areas to minimize conflicts at the interface between the different types of development. • Policy LU 6.14.4 — Newport Center/fashion Island Development Scale. Reinforce the original design concept for Newport Center by concentrating the greatest building mass and height in the northeasterly section along San Joaquin Hills Road, where the natural topography is highest, and progressively scaling down building mass and height to follow the lower elevations toward the southwesterly edge along East Coast Highway. In addition, the proposed Project is consistent with the following Coastal Land Use Plan policies: • Policy 2.2.2-4. Implement building design and siting regulations to protect coastal resources and public access through height, setback, floor area, lot coverage, building bulk, and other property development standards of the Zoning Code intended to control building freight. • Policy 2.7-1. Continue to maintain appropriate setbacks and density, floor area, and height limits for residential development to protect the character of established neighborhoods and to protect coastal access and coastal resources. • Policy 4.4.2-2. Continue to regulate the visual and physical mass of structures consistent with the unique character and visual scale of Newport Beach. ■ Policy 4.4.2-3. Implement the regulation of the building envelope to preserve public views through the height, setback, floor area, lot coverage, and building bulk regulation of the Zoning Code. 12-150 pocusign Envelope ID: 2FA025FF-02F7-49pB-B67E-BFEG9AD2E41 D The proposed Project would be consistent with or otherwise would not conflict with the identified General Plan goals and policies. Therefore, the proposed Project would not conflict with any land use plan, policy, or regulation adopted to mitigate an environmental effect. The findings of the Final El would, therefore, apply to the proposed Project. Conclusion. Accordingly, no new or substantially more severe significant environmental effects concerning land use and planning would occur beyond what was evaluated in the Final FIR. Additionally, no new information of substantial importance that was not known and could not have been known at the time the Final EIR was certified is available that would change the priorfinding of less than significant. The Final FIR's findings apply to the proposed Project. Noise Approved Project Summary. The Final FIR concluded that with implementation of MM NOI-1, potential traffic noise impacts would remain significant and unavoidable. Impacts concerning construction noise, operational stationary noise, and vibration would be less than significant on a project -specific and cumulative basis. Implementation of MM NOI-I and compliance with Municipal Code Section 20.30.080(F) would also reduce impacts concerning housing development near John Wayne Airport to a less than significant level. Proposed Project. The proposed Project would increase the maximum allowable height on specified housing sites but would not increase the residential development capacities of any housing sites or change their development areas, as assumed for the approved Project. The proposed Project would not intensify construction activities, increase traffic volumes, or use of stationary mechanical equipment beyond the levels evaluated in the Final FIR. As a result, project -level and cumulative noise level impacts of the proposed Project would be the same as under the approved Project, the same mitigation measures would apply, and no new mitigation measures are required. Conclusion. Accordingly, no new or substantially more severe significant environmental effects concerning noise would occur beyond what was evaluated in the Final FIR. Additionally, no new information of substantial importance that was not known and could not have been known at the time the Final FIR was certified is available that would change the prior finding of less than significant. The Final FIR's findings apply to the proposed Project. Population and Housing Approved Project Summary. The Final FIR found that the approved Project would have less than significant impacts on population and housing as it would not result in substantial unplanned population growth and would not displace people or housing. Additionally, the approved Project did not include the extension of roads or other infrastructure to unserved areas, which could induce indirect growth. The Final EIR concluded that the approved Project would not induce substantial unplanned growth but would accommodate projected growth in the region. The approved Project would be consistent with State and local land use plans and would not displace a substantial number of housing units requiring replacement. Proposed Project. The proposed Project would increase the maximum allowable height on specified housing sites but would not increase the residential development capacities of any housing sites or change their development areas, as assumed for the approved Project. Therefore, because the proposed Project would not result in additional residential units or non-residential square footage that would increase the onsite population compared to the approved Project, like the approved Project, the proposed Project would have less than significant impacts on population and housing. 12-151 CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT IJ January 23, 2025 r,r0S.Agenda Item No. 3 SUBJECT: Housing Opportunity (HO) Overlay Zoning and Coastal Zoning Districts Amendments (PA2024-0205) ■ Title 20 (Planning and Zoning) Amendment ■ Title 21 (Local Coastal Program Implementation Plan) Amendment SITE LOCATION: Airport Area Environs Area (HO-1) and Newport Center Area (HO-4) APPLICANT: City of Newport Beach Rosalinh Ung, Principal Planner PLANNERS: rung(@_newportbeachca.gov, 949-644-3208 Benjamin M. Zdeba, AICP, Planning Manager bzdebaCa7newportbeachca.gov, 949-644-3253 PROJECT SUMMARY Amendments to Table 2-16 of Section 20.28.050 in Title 20 (Planning and Zoning) and pending Table 21.28-1 of Section 21.28.070 in Title 21 (Local Coastal Program Implementation Plan) of the Newport Beach Municipal Code (NBMC) to adjust the height limitations of certain properties within the Newport Center Area (HO-4) Subarea to accommodate potential residential development within the intended prescribed density range, and to identify a number of units being allocated from the respective development limits for a group of City -owned properties located within the Airport Area Environs Area (HO-1) and HO-4 Subareas. The corresponding Housing Opportunity Overlay District Maps in Section 20.80.025 and pending Section 21.80.032 would also be amended accordingly. RECOMMENDATION 1) Conduct a public hearing; 2) Find that all potential environmental effects for the amendments have been adequately addressed in the previously certified Final Program Environmental Impact Report (EIR) identified by State Clearinghouse Number (SCH No.) 2023060699, and the City of Newport Beach intends to use said document for the approval of the amendments; and 3) Adopt Resolution No. PC2025-004 (Attachment No. PC 1), recommending City Council approve the amendments to the Housing Opportunity (HO) Overlay Zoning Districts (PA2024-0205). 12-152 Housing Opportunity (HO) Overlay Zoning and Coastal Zoning Districts Amendments (PA2024-0205) Planning Commission, January 23. 2025 Page 3 amend the City's Coastal Land Use Plan and Title 21 (Local Coastal Program Implementation Plan) of the NBMC. The LCPA would establish the Housing Opportunity (HO) Overlay Coastal Zoning Districts and their corresponding development standards applicable to properties located within the Coastal Zone of the City to implement the Housing Element. The City initially submitted its LCPA application on August 16, 2024, and most recently received its notice of complete filing on January 7, 2025. The LCPA witl be scheduled for a CCC public hearing for consideration. On November 19. 2024, the City Council adopted Resolution No. 2024-85, initiating an amendment to Section 20.28.050 in Title 20 and the pending complementary section in Title 21 of the NBMC, to review and make possible adjustments to certain development standards, including but not limited to building height limits specified in Table 2-16 (Development Standards for Housing Opportunity Overlay Zones) of Section 20.28.050 [Housing Opportunity (HO) Overlay Zoning Districts] and pending Table 21.28-1 (Development Standards for Housing Opportunity Overlay Zones) of the NBMC. PROPOSED AMENDMENTS Specifying Height Limitations Since the implementation of the HO Overlay Zoning Districts, City staff has met with several prospective developers, and it has become apparent that the height limits applicable to some sites within the HO-4 Subarea cannot accommodate the intended densities. Currently, Table 2-16 (Development Standards For Housing Opportunity Overlay Zones) of Section 20.28.050 identifies that heights within this Subarea are limited to those in the underlying base zoning district. Given the variety of zoning districts in HO-4, maximum height limits range as high as 300 feet and as low as 32 feet. Due to the lower base height limits, an adjustment to allowable building heights is appropriate and necessary to accommodate residential developments within the intended prescribed density range of 20 to 50 dwelling units per acre. Adjusting these heights is also in furtherance of the longstanding vision for development in Newport Center, which includes taller buildings around the center to --� create a downtown -like feel while - preserving open view corridors. This intention is depicted in a photograph of a carboard cutout model from its earliest planning efforts, provided as Figure 2 above. Figure 2, 1960s cardboard model of Newport Center More importantly, the proposed (Real Estate Masterwork Series; Emmert, Frost) 12-153 Housing Opportunity (HO) Overlay Zoning and Coastal Zoning Districts Amendments (PA2024-0205) Planning Commission, January 23, 2025 Page 4 increases are also consistent with General Plan Land Use Element Policy 6.14.4 (Development Scale). excerpted below. LU 6.14.4 Development Scale. Reinforce the original design concept for Newport Center by concentrating the greatest building mass and height in the northeasterly section along San Joaquin Hills Road, where the natural topography is highest and progressively scaling down building mass and height to follow the lower elevations toward the southwesterly edge along East Coast Highway. (Imp 2.1, 3.1, 4.1) The benefits of increasing heights include accommodating density on smaller sites and/or fewer sites, increasing walkabiiity for residents and activating the urban core of Newport Center to create a true mixed -use community, and decreasing development footprints and encouraging increased open space and views through developments. City staff has prepared a series of three exhibits depicting: 1) existing height limits, 27 proposed height limits; and 3) existing height limits with proposed height limits overlaid. Those exhibits are provided as Attachment No. PC 2 for reference and are intended to be reviewed together. Table 1 below summarizes the locations and proposed specified heights for potential housing sites taking advantage of the H❑ overlay Zoning Districts along with their existing allowed base heights. It should be emphasized that there are no changes proposed to the Newport Center Sight Plane, as established by Ordinance Nos. 1371, 1596, 83-27, and 91-97, which serves to maintain residential views across the southeasterly quadrant of Newport Center 12-154 Housing Opportunity (HO) Overlay Zoning and Coastal Zoning Districts Amendments (PA2024-0205) Planning Commission, ,January 23, 2025 Page 5 Table 1. H04 nronerfies with nronosed height increase Location Description Base Heights Proposed Height Newport Beach Tennis Club in Eastbluff 32 feet 32 feet' Armstrong Gardens, Newport Beach Country 32 feet, 50 feet 70 feet Club's surface parking lot, maintenance yard, and tennis courts Northern portion of Corporate Plaza outside the 32 feet 70 feet Newport Center Sight Plane 100 Block Newport Center 32 feet, 50 feet 85 feet Underutilized parking structure 65 feet 85 feet Chase bank 32 feet 110 feet Newport Beach Country Club golf course portion 50 feet 110 feet Southern portion of 200 Block Newport Center 32 feet 150 feet excepting Regal Edwards Big Newport site 300 Block Newport Center and Regal Edwards 32 feet 270 feet Big Newport Site This site is in a well -established neighborhood in Eastbluff where anything higher than the base height limit would likely not be compatible with surrounding development. Limiting the height to 32 feet eliminates the potential to seek a site development review to increase the height and further encourages a lower density of 20 dwelling units per acre for neighborhood compatibility. Allocating Units to City -awned Properties The proposed amendments would also allocate a certain number of units from the development limits of HO-1 and HO-4 Subareas to a small group of City -owned properties. The City acquired real property at 1201 Dove Street in 2023 with the intention of potentially redeveloping it in the future as the new headquarters for the Newport Beach Police Department (NBPD); however, alternative uses for the site are possible. Of the 2,577-unit development limit in HO-1, a total of 179 units (50 dulac) would be allocated to Site I❑ No. 77 (1201 Dove Street) from the Housing Element Sites Inventory. This gives the City flexibility on the final use in the future. 868 and 870 Santa Barbara Drive is the current location of Newport Beach Fire Station No. 3 and the NBPD's headquarters. Both sites are City -controlled and have the potential for redevelopment with housing projects within the Housing Element's planning period. Of the 2,439-unit development limit in H04 a total of 199 units (50 dulac) would be allocated to Site ID No. 362 (868 and 870 Santa Barbara Drive) from the Housing Element Sites Inventory. 12-155 Housing Opportunity (HO) Overlay Zoning and Coastal Zoning Districts Amendments (PA2024-0205) Planning Commission, January 23, 2025 Page 6 Title 20 (Punning and Zoning) Amendment Table 2-16 of Section 20.28.050 would be amended as illustrated below: TABLE 2-16 DEVELOPMENT STANDARDS FORHOUSING OPPORTUNITY OVERLAY ZONES Housing Opportunity Subareas HO-1 HO-2 HO-3 HO-4 HO-5 HO-6 Development Feature Development Limit 2,577LL" 1,107 521 2,439' `'' 1,530 NIA (units)('' Height Per Base 65 ft. 65 ft.(5) Per Base 65 ft. All Zone Zone Standards unless unless Per Base otherwise otherwise Zone identified identified onthe on the map map(') t 11) Of the 2,577 base development units. 179 units (50 dulac) shall be allocated to Site ID No. 77 {12Q1 Dove Street) from the 61' Cycle Housing Element Sites Inve_nto[y- (12) Of the 2.439 base development units for 1-10-4. 199 units (50 dulac) shall be allocated to Site ID No. 362 (868 and 870 Santa Barbara Drive) from the 61" Cycle Housing Element Sites Inventory. Local Coastal Program Implementation Plan Amendment For those properties located in the Coastal Zone, the proposed amendment to Table 21.28-1 and updated or added maps to Section 21.80.032 of Title 21 would mirror proposed changes as proposed to Table 2-16 and Section 20.80.25 of the NBMC. Environmental Review All potential environmental effects for the amendments have been adequately addressed in the previously certified Final Program Environmental Impact Report (EIR) identified by State Clearinghouse Number (SCH No.) 2023060699, and the City of Newport Beach intends to use said document for the approval of the amendments. Copies of the previously prepared environmental document are available for public review and inspection at the Planning Division or at the City of Newport Beach website here: Housing Implementation Program EIR (PA2022-0245). A consistency analysis was prepared by Kimley-Horn & Associates, Inc. on January 9, 2025, and is attached as Exhibit "A" of Draft Resolution (Attachment No. PC 1). It was determined that the amendments are consistent with the Housing Element and within the scope of EIR. Under State CEQA Guidelines Sections 15162 and 15164, no additional environmental review is required. 12-156 Housing Opportunity (HO) Overlay Zoning and Coastal Zoning Districts Amendments (PA2024-0205) Planning Commission, January 23, 2025 Page 7 Public Notice Notice of this hearing was published in the Daily Pilot in a one -eighth -page format at least 10 days before the scheduled meeting, consistent with Section 20.62.020(B)(2)(c) of the NBMC. Additionally, the item appeared on the agenda for this meeting, which was posted at City Hall and on the City website. Prepared by: /:�j J-Ag - 4VVmifiZ eba, AICP PIIA'ning M ager Submitted by: JaiipOMurillo, AICP Deputy Community Development Director ATTACHMENTS PC 1 Draft Resolution PC 2 Draft Height Exhibits 1, 2, and 3 n,,i@,23 12-157 RESOLUTION NO. PC2025-004 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH, CALIFORNIA, RECOMMENDING THE CITY COUNCIL APPROVE AN AMENDMENT TO SECTION 20.28.050 (HOUSING OPPORTUNITY (HO) OVERLAY ZONING DISTRICTS) OF TITLE 20 (PLANNING AND ZONING) AND PENDING SECTION 21.28.070 [HOUSING OPPORTUNITY (HO) OVERLAY COASTAL ZONING DISTRICTS] IN TITLE 21 (LOCAL COASTAL PROGRAM IMPLEMENTATION PLAN) OF THE NEWPORT BEACH MUNICIPAL CODE (PA2024-0205) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. On September 24, 2024, the City Council adopted Ordinance Nos. 2024-16 and 2024-17, approving amendments to Title 20 (Planning and Zoning) of the Newport Beach Municipal Code ("NBMC"), to establish the Housing Opportunity (HO) Overlay Zoning Districts in Section 20,28.050 (Housing Opportunity (HO) Overlay Zoning Districts) and to create multi -unit objective design standards in Section 20.48.185 (Multi -Unit Objective Design Standards). The new sections serve to implement Policy Actions I through 1 G and 3A in the General Plan 611 Cycle Housing Element ("Housing Element"). 2. Section 20.28.050 of the NBMC allows for new housing opportunities within five subareas to ensure the City can accommodate its 611 Cycle Regional Housing Needs Assessment ("RHNA") allocation. These subareas correspond to the Focus Areas identified in the Housing Element and are as follows: Airport Area Environs Area (HO-1), West Newport Mesa Area (HO-2), Dover-Westcliff Area (HO-3), Newport Center Area (HO-4), and Coyote Canyon Area (HO-5). Properties identified within these subareas are eligible for specified development allowances conducive to residential development at the prescribed average density of 20 to 50 dwelling units per acre. The standards include but are not limited to minimum lot area, setbacks, height, open space, landscaping, and parking. 3. On July 23, 2024, the City Council adopted Resolution No. 2024-52, authorizing submittal of the Local Coastal Program Amendment to the California Coastal Commission to amend the City's Coastal Land Use Plan and Title 21 (Local Coastal Program Implementation Plan) of the NBMC to establish the Housing Opportunity (HO) Overlay Coastal Zoning Districts and their corresponding development standards applicable to properties located within the Coastal Zone to implement the Housing Element. 4. On November 19, 2024, the City Council adopted Resolution No. 2024-85, initiating an amendment to Section 20.28.050 of the NBMC and the pending complementary amendments in Title 21 of the NBMC, to review and make possible adjustments to certain development standards. including but not limited to building height limits specified in Table 2-16 (Development Standards for Housing Opportunity Overlay Zones) of Section 12-158 Planning Commission Resolution No. PC2025-004 Paae2of12 20-28,050 (Housing Opportunity (HO) Overlay Zoning Districts) and pending Table 21.28- 1 (Development Standards for Housing Opportunity Overlay Zones) of the NBMC- 5. An amendment to Table 2-16 of Section 20.28.050 and pending Table 21.28-1 of the NBMC is necessary to adjust the height limitations of certain properties within the HQ-4 subarea to accommodate potential residential development with the intended prescribed density range, and to identify a certain number of units being allocated from the respective development limits for a selected group of City -owned properties located within HO-1 and HO-4 subareas. The corresponding Housing Opportunity Overlay District Maps in Section 20.80.025 and pending Section 21.80.035 would also be amended accordingly ("Amendment"). 6. A public hearing was held on January 23, 2025, in the Council Chambers at 100 Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of the public hearing was given in accordance with California Government Code Section 54950 et seq. ("Ralph M. Brown Act") and Chapters 20.62 (Public Hearings) and 21.62 (Public Hearings) of the NBMC. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this public hearing. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. Pursuant to the California Environmental Quality Act ("CEQA") as set forth in California Public Resources Code Section 21000 et seq. and its implementing guidelines set forth in California Code of Regulations, Title 14, Division 6, Chapter 3 ("CEQA Guidelines"), the City Council adopted Resolution No. 2024-50 on July 23, 2024, certifying Final Program Environmental Impact Report SCH No. 2023060699 ("PEIR"), approving a Mitigation Monitoring and Reporting Program ("MMRP"), and adopting Findings and a Statement of Overriding Considerations related to the implementation of the Housing Element involving amendments to the General Plan, Coastal land Use Plan, and Title 20 (Planning and Zoning) and Title 21 (Local Coastal Program Implementation Plan) of the NBMC which are available at: Housing Implementation Program EIR. 2. Pursuant to Section 21166 of the California Public Resources Code and Section 15162 of the CEQA Guidelines, when an environmental impact report ("EIR") is adopted 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 12-159 Planning Commission Resolution No. PC2025-004 Paae 3 of 12 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 EIR was adopted as complete, shows any of the following: i. The project will have one or more significant effects not discussed In the previous negative declaration; Significant effects previously examined will be substantially more severe than shown in the adopted negative declaration; 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 measures or alternatives; or iv, Mitigation measures or alternatives which are considerably different from those analyzed in the previous negative declaration would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measures or alternatives. 3. The Amendment, which include adjustment to the height limitations of certain properties within the HO-4 Subarea to accommodate potential residential development with the intended prescribed density range, and to identify the number of units being allocated from the residential development limits for certain City -owned properties within HO-1 and HO-4 Subareas, does not constitute 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 the EIR, nor has any new information regarding the potential for new or more severe significant environmental impacts been identified as detailed in the CEQA Consistency Memorandum, which is attached hereto as Exhibit "A" and incorporated by reference. Therefore, in accordance with Section 21166 of the California Public Resources Code and Section 15162 of the CEQA Guidelines, no additional environmental review is required to adopt the Amendments. SECTION 3. FINDINGS. Title 20 (Planning and Zoning) Amendment An amendment to Title 20 (Planning and Zoning) of the NBMC is a legislative act. Neither Title 20 itself nor California Government Code Section 65000 et seq., sets forth any required findings for approval of such amendments. However, Section 20,66.040 (Commission Recommendation) of the NBMC requires the Planning Commission to make and file a report of its findings and recommendations with the Council, 61-17.23 12-160 Planning Commission Resolution No. PC2425-664 Page 4 of 12 Findings and Facts in Support of Finding: 1 - Title 20 of the NBMC serves as the City's Zoning Code, which is a tool to ensure consistency with and implementation of the General Plan. It is necessary to amend and update Title 20 from time to time to ensure the policies set forth by the General Plan are being implemented effectively. 2. The Amendment specific to Title 20 (Planning and Zoning) of the NBMC, which is attached hereto as Exhibit "B" and incorporated herein by reference will further enable the implementation of the Housing Element's key objective, which is to accommodate the development of housing to fulfill City's obligation to meet regional housing demands. Specifically, the Amendment will allow increased height limitations for certain properties within HC-4 to accommodate residential developments within the intended prescribed density range while furthering the longstanding vision for development in Newport Center, as noted in General Plan Land Use Element Policy 6.14.4 (Development Scale). Increased heights will accommodate density on smaller sites and/or fewer sites and will increase walkability for residents and activate the urban core of Newport Center to create a true mixed -use community while decreasing development footprints and encouraging increased open space and views through developments. 3. The Amendment will also allocate a portion of the development limits in HO-1 and HO- 4 to City -owned sites where there is a potential for redevelopment with housing projects within the Housing Element's planning period. Title 21 (Local Coastal Program Implementation Plan) Amendment An amendment to Title 21 (Local Coastal Program Implementation Plan) of the NBMC is a legislative act. Neither Title 21 itself nor California Government Code Section 65640 et seq., sets forth any required findings for approval of such amendments. Findings and Facts in Support of Finding: 1. The Housing Element includes Section 4 (Housing Plan), which sets forth programs and strategies to facilitate and encourage the development of the City's obligation to meet regional housing demand. Appendix B of the Housing Element is the Sites Analysis and identifies several sites to be rezoned to allow for potential redevelopment with housing projects. A number of these sites are within the Coastal Zone. As Title 20 has been amended to add the new HO Overlay Zones with associated development standards, similarly, the amendment to Local Coastal Program Implementation Plan to add the new Overlay Coastal Zones for properties within the Coastal Zone has been prepared and submitted to the California Coastal Commission for consideration. 2. The Amendment specific to Title 21 (Local Coastal Program implementation Plan) of the NBMC, attached hereto as Exhibit "C," and incorporated herein by reference, will create consistency in implementation between Titles 20 and 21 of the NBMC and will help to fulfill the Housing Plan, as the proposed Amendment will facilitate the development of housing consistent with the Housing Element. J1-17 23 12-161 Planning Commission Resolution No. PC2025-004 Pape 5 of 12 SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. In accordance with Section 21166 of the California Public Resources Code and Section 15162 of the of the CEQA Guidelines, no additional environmental review is required as the Amendment does not constitute 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 the EIR, nor has any new information regarding the potential for new or more severe significant environmental impacts been identified as detailed in the CEQA Consistency Memorandum, which is attached hereto as Exhibit "A." 2. The Planning Commission hereby recommends to the City Council approval of the Amendment to Title 20 (Planning and Zoning) and Title 21 (Local Coastal Program Implementation Plan) of NBMC as part of the consideration of the adopted 6th Cycle Housing Element implementation programs, as contained in Exhibits "B" and "C," and identified as PA2024-0205. PASSED, APPROVED, AND ADOPTED THIS 23"" DAY OF JANUARY, 2025. AYES' - NOES: ABSENT: BY: Mark Rosene, Chair BY: David Salene, Secretary Attachments: Exhibit A — CEQA Consistency Memorandum Exhibit B — Amendment to Chapter 20.28 (Overlay Zoning Districts (MHP, PM, B, and H)} of Title 20 (Planning And Zoning) Exhibit C — Amendment to Pending Chapter 21.28 (Overlay Coastal Zoning Districts (MHP, PM, B, C, H, and HO)) of Title 21 (Local Coastal Program Implementation Plan) 71-17-21 12-162 Planning Commission Resolution No. PC2025-004 Paae 6 of 12 EXHIBIT "A" CEQA CONSISTENCY MEMORANDUM U1-17.23 12-163 Planning Commission Resolution No. PC2025-004 Page 7of12 (To be provided as a supplemental material after initial agenda publishing) 01-17-23 12-164 Planning Commission Resolution No. PC2025-004 Page 8 of 12 EXHIBIT "B" AMENDMENT TO CHAPTER 20.28 (OVERLAY ZONING DISTRICTS (MHP, PM, B, H)j OF TITLE 20 (PLANNING AND ZONING) Table 2-16 of Section 20.28.50 (Housing Opportunity (HO) Overlay Zoning Districts) of Chapter 20.28 of the Newport Beach Municipal Cade would be amended as follows, currently shown in redline -strikeout format for ease of reference only: TABLE 2-16 DEVELOPMENT STANDARDS FOR HOUSING OPPORTUNITY OVERLAY ZONES Housing Opportunity Subareas HO-1 HO-2 HO-3 HO-4 HO-5 HO-6 Development Feature Development Limit 2,5770 i 1,107 521 2,4390 21 1,530 NIA (units)(" Lot Size/Dimension Per Base Zone Lot area required per Minimum: 2,178 (20 Minimum: Minimum: All unit (sq. ft.)f21 dulac) 2,178 (20 dulac) 2,178 (20 Standards Maximum: 871 (50 dulac) Maximum: dulac) Per Base 871 (50 dulac) Maximum: Zone 726 (60 dulac)"°) Setbacks Front 0 ft. (a) 10 W3' 10 0(3) 10 ft-,,, ft (3){4) Rear 0 20 ft. 20 ft. 0 20 ft. Side 0(4) Street Side 0r3) 10 ft.{3} 10 ft.Pj 0 ft.(3) 10 ft.(3) Height Per Base Zone unless 65 ft. 65 ft-'6' Per Base 65 ft. otherwise identified on Zone the map unless otherwise Identified on the maW7) Building Separation 10 ft. Floor Area Ratio (FAR) No restriction(") Common Open Space(9� Minimum 75 square feet/dwelling unit. (The minimum dimension (length and width) shall be 15 feet.) Private Open Space(') 5%of the gross floor area for each unit. (The minimum dimension (length and width) shall be 6 feet.) 01.17.23 12-165 Planning Commission Resolution No. PC2025-004 Paqe 9 of 12 TABLE 2-1 6 DEVELOPMENT STANDARDS FOR HOUSING OPPORTUNITY OVERLAY ZONES Development Feature Housing Opportunity Subareas HO-1 HO-2 1 HO-3 HO-4 HO-5 HO-6 Fencing See Section 20� a0_ff40 (Fences, Hedges, Walls, and Retaining Welts). Landscaping See Chapter nD 3.6 (Landscaping Standards). Lighting See Section 20.30,070 (Outdoor Lighting). Outdoor Storage/Display See Section 20.46-140 (Outdoor Storage, Display, and Activities). Parking See subsection (13)(3) of this section and Chapter 20.40 (Off -Street Parking). Satellite Antennas See Section 20,48-190 (Satellite Antennas and Amateur Radio Facilities). Signs See Chapter 22. 2 (Sign Standards). (1) Development limits are additional residential development opportunities beyond the base allowances in this Title or the General Plan. These limits shall not include density bonus units or units that are either identified as pipeline units in the 61h Cycle Housing Element (Table B-2) or units that were applied for and predate the effective date of the HO Overlay Zoning Districts. Furthermore, eligible units are only counted against the development limits when they are either entitled or are issued a building permit if allowed by right. However, 25% of the development limit within each HO Overlay Zoning District that includes properties within the Coastal Zane shall be reserved until such a time as the City's Local Coastal Program has been amended to allow for housing consistent with the implementation of the 6th Cycle Housing Element. Following the City's Local Coastal Program Amendment, priority for the reserved units will be given to sites located within the Coastal Zone. (2) Minimum/maximum allowable density range may be based on an average density of the entire project site, excluding density bonus units. (3) Any portion of the building that is over 20 feet in height shall be setback a minimum 20 feet from the street right-of-way. (4) Except in the Mixed -Use Mariners Mile (MLI-MM) Zoning District wherein residential uses are only allowed beginning 100 feet north of Coast Highway. (5) The combined total from both sides shall be 15 feet. (6) The height shall be limited to 35 feet in the Shoreline Height Limit Area, as identified in Map H-1. (7) "Base Zone" includes all height limitations established by the Sight Plane Ordinance (Ordinance No. 1371 and Ordinance No. 1596). (8) The FAR in this table only applies to residential floor area, including any supporting facilities. In mixed - use developments, the FAR for nonresidential is still applicable, (9) For purposes of this section, common and private open space in HO-1 may include enclosed shared amenities such as a clubhouse, swimming pool, tennis court, basketball court, racquetball court, weightlifting facility, children's playground equipment, sauna, jacuzzi, day care facility, or any other recreational amenities/facilities as deemed appropriate by the Community Development Director. (10)This density is intended for the former Coyote Canyon Landfill site only. The Sage Hill School site is limited to a maximum of 20 dwelling units. (11)Of the 2,577 base development units, 179 units (50 dulac) shall be allocated to Site ID No. 77 (1201 Dove StreetLfrom the 611 Cycle Housing Element Sites Inventory. (12)Of the 2,439 base development units for HD-4, 199 units (50 dulac) shall be allocated to Site I No. 362 (868 and_870 Santa Barbara Drive) from the 611, Cycle Housing Element Sites Inventory. ❑1-17-23 12-166 Planning Commission Resolution No. PC2025-004 Paae10of12 The following map would be updated in Section 20.80.025 (Housing Opportunity Overlay District maps) of Chapter 20.80 (Maps) of the NBMC and will be provided prior to City Council consideration: HO-4 — Newport Center Area (PDF) 01.17.23 12-167 Planning Commission Resolution No. PC2025-004 Pape 11 of 12 EXHIBIT "C" AMENDMENT TO CHAPTER 21.28 (OVERLAY COASTAL ZONING DISTRICTS (MHP, PM, B, C, H, AND HO)) OF TITLE 21 (LOCAL COASTAL PROGRAM IMPLEMENTATION PLAN) Table 21.28-1 of Section 21.28.070 (Housing Opportunity (HO) Overlay Coastal Zoning Districts) of Chapter 21.28 of Title 21 (Local Coastal Program Implementation Plan) of the of the Newport Beach Municipal Code would be amended as follows, currently shown in redline -strikeout format for ease of reference only, and subject to California Coastal Commission review and approval: TABLE 21.28-1 DEVELOPMENT STANDARDS FOR HOUSING OPPORTUNITY OVERLAY ZONES Development Hou si ng O pportunit Subareas Feature 110-1 H0-2 HO-3 HO-4 Lot Size/Dimension Per Base Zone Lot area required per unit (sq. ft.)' Minimum: 2,178 (20 dulac) Maximum: 871 (50 dulac) Minimum: 2,178 (20 dulac) Maximum: 871 (50 dulac) Setbacks Front 0 ft.(2) 10 ft.(Z 10 ft.(2)(3) 0(2) Rear 0 20 ft. 20 ft, 0 Side 0(4) Street Side 0(2) 10 ft.(2) 10 ft.(2) 0 ft'(2) Height Per Base Zone unless otherwise identified on the ma 65 ft. 65 ft " Per Base zone —unless otherwise Identified on maw as Building Separation 10 ft. Floor Area Ratio (FAR) No restriction(6) Common Open Space(7) Minimum 75 square feet/dwelling unit. (The minimum dimension [length and width] shall be 15 feet.} Private Open Space 5% of the gross floor area for each unit. (The minimum dimension [length and width] shall be 6 feet.) Fencing See Section 21,30,040 (Fences, Hedges, Walls, and Retaining Walls). Landscaping See Section 21.30.075 (Landscaping) and 21.30.085 (Water Efficient Landscaping). Lighting See Section -' . _. -' _ (Outdoor Lighting). Parking See Subsection (D)(2) below and Chapter , .-1 . (Off -Street Parking). Signs See Chapter - ._ .Gru -_ (Sign Standards). (1) Minimumlmaximum allowable density range may be based on an average density ❑f the entire project site, excluding density bonus units. 01.17-23 12-168 Planning Commission Resolution No. PC2025-004 Paae 12 of 12 (2) Any portion of the building that is over 20 feet in height shall be setback a minimum 20 feet from the street right-of-way. (3) Except in the Mixed -Use Mariners Mile (MU-MM) Zoning District wherein residential uses are only allowed beginning 100 feet north of Coast Highway. (4) The combined total from both sides shall be 15 feet. (5) the height shall be limited to 35 feet in the Shoreline Height Limit Area, as identified in Map H-1. (6) The FAR in this table only applies to residential floor area, including any supporting facilities. In mixed -use developments, the FAR for nonresidential is still applicable, (7) For purposes of this section, common and private open space in Ho-1 may include enclosed shared amenities such as a clubhouse, swimming pool, tennis court, basketball court, racquetball court, weightlifting facility, children's playground equipment, sauna, jacuzzi, day care facility, or any other recreational ameriitieslfacilitles as deemed appropriate by the Community Development Director. (8) "Base Zone" includes all height limitations established by the Sight Plane Ordinance (Ordinance No. 1371 and Ord Inance No. 15961. The following map would be updated/added to pending Section 21.80.032 (Housing Opportunity Overlay District maps) of Chapter 20,80 (Maps) of the NBMC: HO-4 — Newport Center Area (PDF) Di-17-23 12-169 Base Map Legend r 4� Newport Center Sight Plane (No Changes) Established by Ordinance Nos. 1377, 1596. 63-27 and 91-97. This area is ` limited in height by a uniform slope defined by contour lines of elevation above mean sea level. Structures are generally limited to between 15 and ' 32 feet in height from existing grade. 7 ' r' Coastal Zane Boundary 1�1� ram'----- No °15, 1 \Xy/ .r.� } `' f r. 295' 125' \� Newport Center Sight Plane l �. ^-15' to 32' Disclaimers While every effort has been made to ensure the accuracy of information depicted in this exhibit, the City cannot make guarantees. This is intended for initial analysis only. Inquiries regarding individual sites should be made for confirmation of the information " presented herein. This exhibit is intended to be reviewed in ;�/A conjunction with Exhibit 2 (Proposed Height Limits) and Exhibit 3 (Existing/Proposed Height Limits). r , 4 ?� Exhibit 1 H0 4 Newport Center Area Existing Height Limits J *NEGIS City of Newporl Reoch cis DNrv, De ember 02. 2024 Base Map Legend Housing Opportunity Overlay (Coastal Zone) ` Housing Opportunity Overlay (Outside Coastal Zone) Newport Center Sight Plane (No Changes) Coastal Zone Boundary Proposed Maximum Height —" 0 32137 feet 70 feet G 85 feet 110 feet Q 150 feet 7 Q 270 feet Note. All sites without a height specified are subject �r to the height limit prescribed by the underlying base zoning district (see Exhibits 1 and 3). HIM[Rollif M1 Disclaimers 0 While every effort has been made to ensure the accuracy of information depicted in this exhibit, the City cannot make guarantees. This is intended for initial analysis only. Inquiries regarding individual sites should I be made for confirmation of the information presented herein. This exhibit is intended to be reviewed in - , conjunction with Exhibit 1 (Existing Height 'c Limits) and Exhibit 3 (Existing/Proposed Height Limits). Newport Center Sight Plane Exhibit 2 HO-4 Newport Center Area Proposed Height Limits 00 NEGIS r a ft r it. 4 c w City of Newport Beach GIS Dj�rsion Decewb., 02, 7024 Base Map Legend Newport Center Sight Plane (No Changes) Housing Opportunity Site Coastal Zone Boundary Proposed Maximum Height [ 1 0 32137 feet Q 70 feet 85 feet 110 feet 150 feet 274 feet Note: All sites without a height specified are subject to the height limit prescribed by the underlying base zoning district (see Exhibit 1). f• f y` J Disclaimers While every effort has been made to ensure the accuracy of information depicted in this exhibit, the City cannot make guarantees. j This is intended for initial analysis only. •:. Inquiries regarding individual sites should I be made for confirmation of the information !� LJ _ presented herein. This exhibit is intended to be reviewed in conjunction with Exhibit 1 (Existing Height Limits) and Exhibit 2 (Proposed Height Lim- its), �Q\ 125: 50' 28733' HU I���� Newport Center Sight Plane -15' to 32' Exhibit 3 HO-4 Newport Center Area Existing/Proposed Height Limits /7 . r BGWS r�xrair ■s�cr City of Newport beach CIS ❑M sio �cc—bcr 02, 742a February 20, 2025 ALUC Submittal - Attachment 3 Strikethrough-Underline Versions or Matrices of All Revisions Title 20 (Planninq and Zoning) Amendment Table 2-16 of Section 20.28.050 would be amended as illustrated below: TABLE 2-16 DEVELOPMENT STANDARDS FORHOUSING OPPORTUNITY OVERLAY ZONES Housing Opportunity Subareas Development Feature HO-1 HO-2 HO-3 HO-4 HO-5 HO-6 Development Limit 2,577u 1,107 521 2,439(i-21 1,530 NIA (units)(') Height Per Base 65 ft. 65 ft.(6) Per Base 65 ft. All Zone Zone Standards unless unless Per Base otherwise otherwise Zone identified identified on the on the map map(') (11 ) Of the 2,577 base development units, 179 units (50 dulac) shall be allocated to Site I❑ No. 77 (1201 Dove Street) from the 6t" Cycle Housing Element Sites Inventory. (12) Of the 2,439 base development units for HO-4, 199 units (50 dulac) shall be allocated to Site ID No. 362 (868_and 870 Santa Barbara Drive) from the 61h Cycle Housing Element Sites Inventory. 12-173 Title 21 Local Coastal Program Implementation Plan Amendment Table 21.28-1 of Section 21.80.032 would be amended as illustrated below: TABLE 21-28-1 DEVELOPMENT STANDARDS FORHOUSING OPPORTUNITY OVERLAY ZONES Housing Opportunity Subareas Development Feature HO-1 HO-2 HO-3 HO-4 HO-5 HO-6 Development Limit 2,577LLI 1,107 521 2,439i!-2� 1,530 NIA (units)0) Height Per Base 65 ft. 65 ft.(s) Per Base 65 ft. All Zone Zone Standards unless unless Per Base otherwise otherwise Zone identified identified on the on the map map(7) (11 ) of the 2,577 base development units, 179 units (50 dulac) shall be allocated to Site ID No. 77 (1201 Dove Street) from the 611 Cycle Housing Element Sites Inventory. (12) Of the 2,439 base development units for HO-4, 199 Units (50 dulac) shall be allocated to Site I❑ No. 362 (868 and 870 Santa Barbara Drive) from the 611 Cycle Housing Element Sites Inventory. 12-174 January 29, 2425 ALUC Submittal —Attachment 4 AELUP and City Noise, Height and Safety Consistency Analysis Introduction and Project Description The City is pursuing narrowly focused amendments to its existing Housing Opportunity (HO) Overlay Zoning Districts to: Allocate units from the identified development limits within HO-1 (Airport Area Environs) and HO-4 (Newport Center) to City -owned properties identified as opportunity sites in the Housing Element's adequate sites analysis; and 2. Increase heights for 35 properties within the HO-4 Subarea. The City is not modifying any development standards proximate to John Wayne Airport nor is the City adding any density or intensity. There are no changes in the HO-1 Subarea with exception of allocating currently available units to City -owned property at 1201 Dove Street. Importantty, this property is within Safety Zone 6 and within the 60 dBA CNEL noise contour area. The 35 properties that are the subject of the proposed increase in height are gone ratty within the Newport Center area, which is far removed from JWA and where heights of up to 300 feet are already allowed. In fact, only 9 of the properties fall entirely or partially within the JWA Notification Area. These 9 are not within any noise contour area nor are they within any safety zones; therefore, the City believes that the proposed increases in height are consistent with the 2008 AELUP. However, because the City -owned property at 1201 Dove Street is adjacent to JWA, the City has prepared the following consistency anatysis for reference. Background: Explanation of Housing Element Implementation Program and Proposed Amendments The very high 6`-Cycle Regional Housing Needs Assessment (RHNA) allocation of 4,845 new units required the City to look citywide for new housing opportunity sites. While several sites were identified in the Airport Area and its proximity, there are five other focus areas where most new housing opportunity sites are being listed: Banning Ranch, West Newport Mesa, Dover-WestclifflMariner's Mile, Newport Center, and Coyote Canyon. The complete breakdown is viewable in Section 4 and Appendix B of the adopted and certified Housing Element. The City's Housing Elementwas reviewed by ALUC on September 16, 2021. The City Council adopted the Housing Element in February 2022; however, subsequent revisions were required based on feedback from HCD. After multiple iterations and responsive revisions, the City Council re -adopted a revised Housing Element on September 13, 2022. The adopted Housing Element was then certified as being statutorily compliant by HCD on October 5, 2022. Section 4 (Housing Plan) of the Housing Element is the City's strategy to meet the RHNA allocation and includes several policy actions for implementation. To implement the strategy, the City pursued establishment of the Housing Opportunity (HO) Overlay Zoning Districts. The HO Overlay Zoning Districts were reviewed by ALUC on May 16, 2024, and adopted by City Council on September 24, 2024. The proposed amendments serve to continue implementation of the City's adopted and certified Housing Element by enhancing viability of housing projects particularly in Newport Center in furtherance of the State's goals and objectives. Noise Policies and Mitigation There are no proposed policies or mitigation measures related to this proposal that are related to noise from John Wayne Airport. The City relies on its General Plan Land Use Element and Noise Element to provide pertinent goals and policies. The City also relies on its Title 20 (Planning and Zoning) of the Newport Beach Municipal Code (NBMC). In November 2023, the City amended the Land Use and Noise Elements, as welt as Title 20 of the NIB MC to accommodate housing units identified by the adopted and certified 6"' Cycle Housing Element, as follows: 12-175 a Adopted updated noise contours (shown in Noise Element Figures N4 and N5) to reflect the noise contours identified by the 2014 John Wayne Airport Settlement Agreement Amendment Environmental Impact Report No. 617 (EIR No. 617), • Updated Land Use and Noise Element Policies, Land Use Element Figures LU11, LU22, and LU23, as well as Title 20 to modify and incorporate the updated noise contours identified by EIR No. 617 and to implement additional noise attenuation measures for future housing units proximate to John Wayne Airport; and • Allowed residential units identified by the certified 6"' Cycle Housing Element to be located within the 65 dBA CN EL noise contour area as identified in the updated noise contour maps identified by EIR No. 617. Parcels bisected by the updated 65 dBA CNEL noise contour could support future housing; whereas parcels located wholly within the updated 65 dBA CNEL noise contour could support housing, if deemed necessary to satisfy the Regional Housing Needs Assessment (RHNA) mandate. The City's cited General Plan Policies and Title 20 regulations will help ensure that appropriate noise considerations are made, and that mitigation is included in the design. All current policies and regulations are all listed in Tables 1 and 2 below. DEVELOPMENTSTABLE 1, CITY OF NEWPORT BEACH GENERAL PLAN RELEVANT GOALS AND POLICIES TO PROTECT •■NOISE Goal LU 6.15 A mixed -use community that provides jobs, residential, and supporting services in close proximity, with pedestrian - oriented amenities that facilitate walking and enhance livability. Policy LU 6.15.3 (Current General Plan Page 3-1 Q1) —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 far the City to satisfy its Sixth Cycle RHNA mandate. Nonresidential uses are, however, encouraged on parcels located wholly within the 65 dBA CNEL contour area. Goal N 1 (Current General Plan Page 12-25) -- Noise Compatibility Minimized land use conflicts between various noise sources and other human activities. Policy N 1.1 (Current General Plan Page 12-26) — Noise Compatibility of New Development Require that all proposed projects are compatible with the noise environment through use of Table N2 and enforce the interior noise standards shown in Table N3. Policy N 1.2 (Current General Plan Page 12-26) -- Noise Exposure Verification for New Development Applicants for proposed residential or mixed -use projects Located in areas projected to be exposed to 65-70 dBA CNEL or greater, as shown on Figure N5 must conduct a noise study to provide evidence that the depicted noise contours do not adequately account for local noise exposure circumstances due to such factors as, topography, variation in traffic speeds, and other applicable conditions. These findings shall be used to determine the Level of exterior or interior noise attenuation needed to attain an acceptable noise exposure level and feasibility of such mitigation when other planning considerations are taken into account, consistent with Title 21 of the California Code of Regulations. Policy N 1.3 (Current General Plan Page 12-26) — Remodeling and Additions of Structures Require that all remodelingand additions of structures comply with the noise standards shown in Table N3. Policy N 1.4 (Current General Plan Page 12-26) - New Development in Urban Areas Require that applicants of residential portions of mixed -use projects and high -density residential developments in urban areas (such as the Airport Area and Newport Center) demonstrate that the design of the structure wilt adequately isolate noise between adjacent uses and units (common ftoorlceilings) in accordance with the California Building Code. Policy N 1.5 (Current General Plan Page 12-26) - Infill Projects Allow a higher (above 65 dBA CNEL) exterior noise level standard for infill projects in existing residential areas adjacent to major arterials if it can be shown that there are no feasible mechanisms to meet the exterior noise 12-176 Levels. The interior standard of 45 dBA CNEL shall be enforced for any new residential project or mixed -use project containing a residential component, consistentwith Title 21 of California Code of Regulations. Policy N 1.5A (Current General Plan Page 12-26) —Airport Area Infill Projects Allow infill residential projects proximate to John Wayne Airport to have a higher exterior noise Level standard (65- 70 dBA CNEL) if it can be shown that there are no practical mechanisms or designs to meet the exterior noise levels. The interior standard of 45 dBA CNEL shall be enforced for any residential component of projects. No residential units may be located on parcels wholly within the John Wayne Airport 65 dBA CNEL noise contour area as shown in Figure N5, of the Noise Element of the General Plan, unless and until the City determines, based on substantial evidence, that the sites wholly within such contour area are needed for the City to satisfy its Sixth Cycle RHNA mandate. Nonresidential uses are encouraged on parcels located wholly within the 65 dBA CNEL contour area, shown in Figure N5. Policy N 1.6 (Current General Plan Page 12-27) — Mixed -Use Development Encourage new mixed -use developments to site loading areas, parking lots, driveways, trash enclosures, mechanical equipment, and other noise sources away from the residential portion of the development. Goal N 3 (Current General Plan Page 12-29) Protection of Newport Beach residents from adverse noise impacts of commercial air carrier operations at John Wayne Airport as provide in the City Council Airport Policy. Policy N 3.1 (Current General Plan Page 12-29) — New Development Ensure new development is compatible with the noise environment proximate to John Wayne Airport by not allowing residential units on parcels located wholly within the John Wayne Airport 65 dBA CNEL noise contour, as shown in Figure N5 of the Noise Element of the General Plan, unless and until the City determines, based on substantial evidence, that the sites wholly within such contour area are needed for the City to satisfy its Sixth Cycle RHNA mandate. Policy N 3.2 (Current General Plan Page 12-29) — Residential Development Require that residential development proximate to John Wayne Airport shall not be located on parcels wholly within the John Wayne Airport65 dBA CNEL noise contour shown in Figure N5 of the Noise Element of the General Plan, unless and until the City determines, based on substantial evidence, that the sites wholly within such contour area are needed for the City to satisfy its Sixth Cycle RHNA mandate. Require developers of residential or mixed -use land uses with a residential component to notify prospective purchasers or tenants of aircraft noise. Additionally, require outdoor common areas or recreational areas of residential or mixed -used developments to be posted with signs notifying users regarding the proximity to John Wayne Airport and the presence of operating aircraft and noise. Policy N 3.3 (Current General Plan Page 12-29)—Avigation Easement Consider requiring the dedication of avigation easements in favor of the County of Orange when noise sensitive uses are proposed in the JWA planning area, as established in the JWAAirport Environs Land Use Plan (AELUP). 20.30.080 (Noise) Subsection (F) 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 Catifornia 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: 12-177 1. Prior to the issuance of any building permits for such development, a noise study shall be prepared by a City - approved qualified acoustical consultant and submitted to the Community Development 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; 3. The design of the residential portions of mixed -use projects and residential developments shall have adequate noise attenuation between adjacent uses and units (common floorlceilings) 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; S. Use of walls, berms, interior noise insulation, double -paned windows, advance insulation systems, or other noise mitigation measures as deemed appropriate shall be incorporated in the design of new residential to bring interior sound attenuation to 45 dBA CNEL or less; 6. Residential uses shall be indoor -oriented to reduce noise impingement on outdoor living areas; 7. On -site indoor amenities, such as fitness facilities or recreation and entertainment facilities, shall be encouraged; 8. Advanced airfiltration systems for buildings shalt be considered to promote cleaner air; and 9. Residential development shall be limited to parcels or sites wholly or partially outside the 65 dBA CNEL noise contour, unless and until the City determines, based on substantial evidence, that the parcels or sites wholly within such contour area are needed for the City to satisfy its 6th Cycle RHNA mandate. Nonresidential uses are encouraged on parcels or sites located wholly within the 65 dBA CNEL contour area. Section 20.28.050 (Housing Opportunity [HO] Overlay Zoning Districts) Subsection (C)(2) 2. Airport Area Environs Area (HO-1). The following development standards shall only apply to projects within the Airport Area Environs Area: a. Sound Mitigation. The interior ambient noise level of all new residential dwelling units shall meet applicable standards of Section 1.0.26.030 (Interior Noise Standards). An acoustical analysis report, prepared by an acoustical engineer, shall be submitted describing the acoustical design features of the structure that will satisfy the interior noise standard. The residential units shall be constructed and noise attenuated in compliance with the report. b. Advanced Air Filtration. The design of all new residential and mixed -use residential developments shall include advanced air filtration systems to promote cleaner air within living environments. c. Notification to Owners and Tenants. A written disclosure statement shall be prepared prior to sale, lease, or rental of a residential unit within the development.The disclosure statement shall indicate that the occupants will be living in an urban type of environment adjacent to an airport and that the noise, odor, and outdoor activity levels may be higherthan a typical suburban residential area. The disclosure statement shalt include a written description of the potential impacts to residents of both the existing environment (e.g., noise from planes, commercial activity on the site and vehicles on streets) and potential nuisances based upon the allowed uses in the zoning district. Each and every buyer, lessee, or renter shalt sign the statement acknowledging that they have received, read, and understand the disclosure statement. A covenant shaft also be included within all deeds, (eases or contracts conveying any interest in a residential unit within the development that requires: (i) the disclosure and notification requirement stated herein; (ii) an acknowledgment by all grantees or lessees that the property is located within an urban type of environment and that the noise, odor, and outdoor activity levels may be higher than a typical suburban residential area; and (iii) acknowledgment that the covenant is binding for the benefit and in favor of the City of Newport Beach. 12-178 Community Noise Equivalent Levels (CNEL) Compatibility As noted, the only property affected by these amendments within the Noise Impact Zone is the City -owned site at 1201 Dove Street, which is located within the 2008 AELUP and City's Noise Element 60 d6 CNEL noise contour areas. As discussed in AELUP Subsection 3.2.4 (Noise Impact Zone "2" — Moderate Noise Impact [60 dB CNEL or greater, less than 65 dB CNEL]), residential units may be consistent with proper sound-attenu ation and careful design considerations, For any residential sites and uses within Noise Impact zone "2," the City will ensure future development is consistent with the AELUP considerations and Noise Element policies cited above to ensure compatibility. Table 1 (Airport Land Use Commission for Orange County Airport Environs Land Use Plan Limitations on Land Use Due to Noise) of the AELUP shows all types of residential land uses within the 60 dB CNEL noise contour area as "Normally Consistent" and conventional construction methods used with no special noise reduction requirements. However, the California Building Code and the City's regulatory framework, listed in Tables 'I and 2 above, will help to ensure that appropriate noise considerations are made and that mitigation measures, if there any, are included in the design. Safety Compatibility The 6 sites within the JWA Notification Area in the HD-4 Subarea are not within any safety zones. The site at 1201 Dove Street is within Safety Zone 6. As provided in Appendix D of the AELUP, Table 9B (Safety Compatibility Qualities), residential uses are allowed in Safety Zone 6. Zone 6: Traffic Pattern Zone Risk factors 1 Runway Proximity ■ i3enerally low Ilkelhood of accident occurrence at most airports; risk concern primarily is with uses for which potential consequences are severe a Zone rxludes all other portions of regular traffic pat- terns and pattern entry routes Height Restriction zones Basic Compatibility Qualrries a Allow residential uses a Allow most nonresidengal uses. 4rohibit outdoor stadiums and sirn-tar uses wah very high ,ntensives a Avoid ch idren� schools, large day care centers, hospitals, nursing homes All sites within the Housing Opportunity (HO) Overlay Zones are subject to the current heights allowed by the base zoning district unless otherwise identified on the associated zoning map foreach HO Subarea. The City is not proposing any height increases within the HO-1 Subarea nearest JWA. All height increases are proposed in the HO-4 Subarea. Furthermore, 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. Future updates to the Land Use Element and rezoning will be sobjectto future Airport land Use Commission (ALUC) review, consistent with Public Utilities Code Section 21676. See the draft Exhibit showing the area and proposed increased heights below. 12-179 Attachment G March 21, 2025 ALUC Determination Letter 12-180 AIRPORT LAND USE COMMISSION ORANGE I COUNTY FOR ORANGE COUNTY .�LUC. 3160 Airway Avenue e Costa Mesa, California 92626 ® 949.252.5170 fax: 949.252.6012 March 21, 2025 Ben Zdeba, AICP Planning Manager City of Newport Beach Community Development 100 Civic Center Drive Newport Beach, CA 92660 Subject: ALUC Determination for Newport Beach Housing Opportunity Overlay (HO) Zoning/Coastal Zoning Amendment Dear Mr. Zdeba, During the public meeting held on March 20, 2025, the Airport Land Use Commission (ALUC) for Orange County considered the subject item. The matter was duly discussed and with a 5-1 vote, the Commission found the Newport Beach Housing Opportunity Overlay (HO) Zoning/Coastal Zoning Amendment to be inconsistent with Airport Environs Land Use Plan for John Wayne Airport (AELUP for JWA). Please contact me at jfitchaocair.com or (949) 252-5170 if you have any questions regarding this proceeding. Thank you! Sincerely, Julie Fitch Executive Officer cc: ALUC Commissioners 12-181