HomeMy WebLinkAbout2025-13 - 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 PRESOLUTION 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 6t" 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 6t" Cycle Regional Housing Needs Assessment
("RHNA") allocation;
Resolution No. 2025-13
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;
Resolution No. 2025-13
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
Resolution No. 2025-13
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
Resolution No. 2025-13
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).
Resolution No. 2025-13
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 ("CEQX) 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
Resolution No. 2025-13
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 6th 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.
ATTEST:
?of Le(la'nf I. Brown
City Clerk
APPROVED AS TO FORM:
CITY TTORNEY'S OFFICE
Aaron C. Harp
City Attorney
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the
whole number of members of the City Council is seven; the foregoing resolution, being Resolution
No. 2025-13 was duly introduced before and adopted by the City Council of said City at a regular meeting
of said Council held on the 15th day of April, 2025; and the same was so passed and adopted by the
following vote, to wit:
AYES: Mayor Joe Stapleton, Mayor Pro Tern Lauren Kleiman, Councilmember Michelle
Barto, Councilmember Noah Blom, Councilmember Robyn Grant, Councilmember
Sara J. Weber, Councilmember Erik Weigand
NAYS: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said
City this 16th day of April, 2025.
C';1. ` 1
-der Lei . ni Brown
City Clerk
Newport Beach, California