HomeMy WebLinkAbout2025-33 - Finding the Amendment to Section 20.28.050 (Housing Opportunity (HO) Overlay Zoning Districts) in Title 20 (Planning and Zoning) and Pending Section 21.28.070 (Housing Opportunity (HO) Overlay Coastal Zoning Districts) in Title 21 (Local CoastalRESOLUTION NO. 2025-33
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, FINDING THE
AMENDMENT TO SECTION 20.28.050 (HOUSING
OPPORTUNITY (HO) OVERLAY ZONING DISTRICTS) IN
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
RELATED TO THE IMPLEMENTATION OF THE
HOUSING ELEMENT CONSISTENT WITH THE
PURPOSES OF THE STATE AERONAUTICS ACT AND
OVERRIDING THE ORANGE COUNTY AIRPORT LAND
USE COMMISSION'S DETERMINATION OF
INCONSISTENCY 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, California Government Code Section 65580 et seq. ("State Housing
Element Law") requires each city and county adopt a housing element that identifies and
analyzes existing and projected housing needs within their jurisdiction and prepare goals,
policies, and programs, and quantified objectives to further the development, improvement,
and preservation of housing;
WHEREAS, the City Council adopted Resolution Nos. 2024-52 and 2024-58 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 Newport Beach
Municipal Code ("NBMC") to establish the Housing Opportunity (HO) Overlay Coastal
Zoning Districts and their corresponding development standards applicable to properties
located within the Coastal Zone and initiating a narrowly focused amendment to the 6tn
Cycle Housing Element ("Housing Element") to remove reference to Charter Section 423
to implement the Housing Element;
Resolution No. 2025-33
Page 2 of 6
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 Ordinance Nos. 2024-16 and 2024-17 on
September 24, 2024, adding Section 20.28.050 (Housing Opportunity (HO) Overlay
Zoning Districts) and Section 20.48.185 (Multi -Unit Objective Design Standards) to the
NBMC establishing Housing Opportunity Overlay Districts and creating multi -unit
objective design standards respectively;
WHEREAS, the new sections implement Policy Actions 1A through 1 G and 3A of
the Housing Element;
WHEREAS, Section 20.28.050 of the NBMC allows for new housing opportunities
within five focus areas 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) ("Focus Areas") that correspond with the Focus Areas in the
Housing Element to ensure that the City accommodates its Housing Element Regional
Housing Needs Assessment ("RHNA") allocation;
WHEREAS, properties identified within the Focus Areas are eligible for specified
development standards conducive to residential development at the prescribed average
density of 20 to 60 dwelling units per acre that include, but are not limited to minimum lot
area, setbacks, height, open space, landscaping, and parking;
WHEREAS, the City Council adopted Resolution No. 2024-85 on November 19,
2024, initiating amendments to Section 20.28.050 and the pending amendments to
Section 21.28.070 of the NBMC to adjust certain development standards, including but
not limited to, building height limits;
WHEREAS, an amendment to Table 2-16 in Section 20.28.050 and pending
Table 21.28-1 in Section 21.28.070 of the NBMC are necessary to adjust the height
limitations of certain properties within the Newport Center Area (HO-4) Area 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
Environs Area (HO-1) and Newport Center Area (HO-4) Areas ("Amendment");
Resolution No. 2025-33
Page 3of6
WHEREAS, a public hearing was held by the Planning Commission 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 and 1 recusal)
recommending the City Council approve the Amendment including the addition of Site ID
Nos. 146 and 147 with a maximum height limit of 50 feet for flat roofs and 55 feet for
sloped roofs and Site ID No. 141 with a maximum height limit of 48 feet;
WHEREAS, nine of the 35 properties in the Newport Center Area (HO-4) Area
are within the John Wayne Airport ("JWA") Notification Area; however, none of the nine
properties are located entirely within any noise contour area and eight of the nine
properties are not located within the safety zone area, 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) Area is located within Safety Zone 6 of the AELUP, 60 dBA CNEL noise
contour area of the AELUP, and within the 60 dBA CNEL noise contour area 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 continued the Amendment to its March 20, 2025, meeting by a
unanimous vote (5 ayes, 0 nays);
WHEREAS, at the continued hearing on March 20, 2025, the ALUC determined
(5 ayes and 1 nay) the Amendment is inconsistent with the AELUP, as provided in ALUC's
determination attached as Exhibit "A," and incorporated herein by reference;
Resolution No. 2025-33
Page 4 of 6
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 Amendments are 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;
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,
WHEREAS, at the conclusion of this hearing, the City Council adopted Resolution
No. 2025-13 by a unanimous vote to notify the ALUC and State Department of
Transportation Aeronautics Program ("Aeronautics Program") of the City's intent to
override ALUC's inconsistency finding;
WHEREAS, notice of the City's intent to override the ALUC inconsistency
determination, along with Resolution No. 2025-13 was sent via certified mail and emailed
to ALUC and Aeronautics Program on April 16, 2025;
WHEREAS, the City received two comment letters in response to the notice of
the City's intent to override the ALUC inconsistency determination from the Aeronautics
Program and ALUC in accordance with CPUC Section 21676, which are attached hereto
as Exhibits "B" and "C" respectively, and incorporated herein by reference; and
WHEREAS, a public hearing was held on June 10, 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.
Resolution No. 2025-33
Page 5 of 6
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows:
Section 1: The City Council has evaluated the comments provided as Exhibits
"B" and "C" from the reviewing agencies and does hereby make the findings necessary
to override the ALUC's determination attached hereto as Exhibit "D," all of which are
attached hereto and incorporated herein by reference.
Section 2: The City Council finds 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 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
6t" 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, which is attached hereto as Exhibit "E" 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 Amendment.
Section 3: The recitals provided in this resolution are true and correct and are
incorporated into the operative part of this resolution.
Section 4: 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.
Resolution No. 2025-33
Page 6 of 6
Section 5: 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 10t" day of June, 2025.
Wor
tapl ton
ATTEST:
;Vw
Leilani I. Brown
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
0,'� C _ �—
Ka r& C. Harp
City Attorney
Attachments: Exhibit "A" — ALUC Inconsistency Determination dated March 21, 2025
Exhibit "B" — Comment Letter from ALUC dated May 15, 2025
Exhibit "C" — Comment Letter from Aeronautics Program dated May 14,
2025
Exhibit "D" — Findings to Override ALUC's Determination
Exhibit "E" — CEQA Consistency Memorandum
Exhibit "A"
ALUC Inconsistency Determination
ORANGE COUNTY
75d-OA.ulz:�
March 21, 2025
AIRPORT LAND USE COMMISSION
FOR ORANGE COUNTY
3160 Airway Avenue • Costa Mesa, California 92626 - 949.252.5170 fax: 949.252.6012
Ben Zdeba, AICP
Planning Manager
City of Newport Beach Community Development
100 Civic Center Drive
Newport Beach, CA 92660
Subject: ALUC Detennination 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 j fitch a ocair.com or (949) 252-5170 if you have any questions regarding this
proceeding. Thank you!
Sincerely,
1r
Julie Fitch
Executive Officer
cc: ALUC Commissioners
Exhibit "B"
Comment Letter from ALUC
Docusign Envelope ID: EA7BA6C2-B420-4CD6-87F1-37687EE22CF5
ORANGE COUNTY
AIRPORT LAN® USE COMMISSION
FOR ORANGE COU NTY
�LUG 3160 Airway Avenue a Costa Mesa, California 92626 m 949.252.5170 fax: 949.252.6012
May 15, 2025
Rosalinh Ung, Principal Planner
City of Newport Beach
Community Development Department
100 Civic Center Drive
Newport Beach, CA 92660
Subject: Response to Notice of Intent to Overrule the Airport Land Use Commission for
Orange County Determination on the Housing Opportunity (HO) Overlay
Amendment and Coastal Zoning Amendments
Dear Ms. Ung,
On April 16, 2025, we received the City of Newport Beach Letter of Intent to Overrule ALUC
and City Council Resolution No. 2025-30 regarding the ALUC's inconsistency determination
on the proposed Housing Opportunity (HO) Overlay Amendment and Coastal Zoning
Amendments. In accordance with Section 21676 of the Public Utilities Code, the ALUC
submits the following comments addressing the proposed overrule findings for the above -
referenced project. These comments shall be included in the public record of a final decision
to overrule the ALUC.
Please be advised that California Public Utilities Code (PUC) Section 21678 states: "With
respect to a publicly owned airport that a public agency does not operate, if the public agency
pursuant to Section 21676, 21676.5, or 21677 overrules a commission's action or
recommendation, the operator of the airport shall be immune from liability for damages to
property or personal injury caused by or resulting directly or indirectly from the public agency's
decision to overrule the commission's action or recommendation."
The proposed project would adjust the height limits for certain properties within the Newport
Center Area (HO-4 Subarea); designate 179 units from Airport Area HO-1 Subarea to City -
owned property at 1201 Dove Street; and designate 199 units from the HO-4 Newport Center
Subarea to City -owned property at 868 and 870 Santa Barbara Drive. On March 20, 2025, the
ALUC found the subject item inconsistent with Airport Environs Land Use Plan for John
Wayne Airport (AEL UP for JWA) due to noise and safety concerns with the 1201 Dove Street
property. Specifically, the proximity of the 1201 Dove Street property to the 65 dBA CNEL
contours, and the flight tracks included in the ALUC staff report led the Commission to the
inconsistent finding.
The ALUC seeks 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 strictures or activities adversely affect navigable airspace. Section 2.1.4 of the AELUP
Docusign Envelope ID: EA7BA6C2-B420-4CD6-87F1-37687EE22CF5
HO Zoning and Coastal Zone Amendments overrule Response
May 15, 2025
Page 2
for .TWA and PUC Section 21674 charge the Commission to coordinate at the local level to
ensure compatible land use planning.
Sincerely,
Signed `bby-
84DECBF4FABB4DE.-.
Gerald A. Bresnahan
Chairman
Attachment: ALUC Staff Report Attachment 5 — Noise Contours
ALUC Staff Report Attachment 9 -JWA Flight Tracks
cc: Members of Airport Land Use Commission for Orange County
Vincent Ray, Aviation Planner, Caltrans/Division of Aeronautics
Docusign Envelope ID: EA7BA6C2-B420-4CD6-87F1-37687EE22CF5
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Exhibit "C"
Comment Letter from Aeronautic Program
CALIFORNIA STATE TRANSPORTATION AGENCY GAVIN NEWSOM, GOVERNOR
California Department of Transportation
DIVISION OF AERONAUTICS - M.S. #40
1 120 N STREET
P. O. BOX 942874
SACRAMENTO, CA 94274-0001
PHONE (916) 654-4959
FAX (916) 653-9531
TTY 711
www.dot.ca.gov
May 14, 2025
Ms. Rosalihn Ung
Principal Planner
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
Dear Ms. Ung,
Electronically Sent: runq@newportbeachca.gov
The California Department of Transportation, Division of Aeronautics (Caltrans),
supports cities, counties, and Airport Land Use Commissions (ALUCs) in developing
land use policies that promote public health, safety, and welfare near airports. We
appreciate the opportunity to provide input on the City's proposed overrule of the
Orange County ALUC determination.
On April 16, 2025, Caltrans received an email that included Resolution No. 2025-13
declaring an intent to overrule the ALUC's March 20, 2025, inconsistency
determination for the proposed Housing Opportunity (HO) Overlay Zoning and Coastal
Zoning Districts Project (PA2024-0205) (Project) with the Airport Environs Land Use Plan
(AELUP) for the John Wayne Airport (JWA).
Caltrans has reviewed the proposed Findings and Facts in Support (Findings) provided
by the City of Newport Beach (City) and the Staff Report from ALUC dated February
20, 2025, and the Inconsistency Determination letter dated March 20, 2025.
Caltrans has reviewed the proposed Findings of Resolution No. 2025-13 and has
determined the Findings are sufficient to warrant the proposed overrule. Specifically,
the Findings appear to be consistent with the purposes of the statutes set forth in the
California Public Utilities Code (PUC) section 21670-21676.5, as well as noise and safety
certain criteria disseminated in the AELUP for the JWA.
PUC Section 21675.1(f) states: "If a city or county overrules the commission pursuant to
subdivision(d) with respect to a publicly owned airport that the city or county does not
operate, the operator of the airport is not liable for damages to property or personal
"Provide a safe and reliable transportation network that serves all people and respects the environment"
Ms. Ung, Principal Planner
May 14, 2025
Page 2
injury resulting from the city's or county's decision to proceed with the action,
regulation, or permit."
Pursuant to PUC Section 21676(a), Caltrans and ALUC comments shall be included in
the public record of any decision to overrule the ALUC. If you have questions or we
may be of further assistance, please contact me at vincent.ray@dot.ca.gov or I can
be reached at (916) 907-2219.
Sincerely,
Vincent Ray,
Aviation Planner
Caltrans Division of Aeronautics
c: Julie Fitch, Executive Director, ALUC Orange County, jfitch@ocair.com
"Provide a safe and reliable transportation network that serves all people and respects the environment"
Exhibit "D"
Findings to Override ALUC's Determination
The City Council does hereby find that the Amendment is consistent with the purposes of
Section 21670 of the PUC and the AELUP of protecting the public health, safety, and
welfare by ensuring the orderly expansion of airports and the adoption of land use
measures that minimize the public' s exposure to excessive noise and safety hazards
within areas around public airports to the extent that these areas are not already devoted
to incompatible uses.
Findings and Facts in Support of Findings:
A. The Amendment is consistent with the noise standards of the AELUP.
The AELUP guides development proposals to provide forthe 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 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 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 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 zones depicting which
land uses are acceptable in various portions of JWA environs. Allowed uses in Safety
Zone 6 include residential and most nonresidential uses, except outdoor stadiums and
similar uses with very high intensities. Uses that should be avoided include children's
schools, large day-care centers, hospitals, and nursing homes. Risk factors associated
with Safety Zone 6 generally include a low likelihood of accident occurrence.
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 HO Area. No height increase is proposed within the HO-1 Subarea,
which is the nearest to 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.
Exhibit "E"
CEQA Consistency Memorandum
Available separately due to bulk at:
https://newportbeachca gov/home/showdocument?id=76683&t=638833463869042483
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. 2025-33 was duly introduced before and adopted by the City Council of said City at a regular meeting
of said Council held on the 10th day of June, 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
NAYS: None
ABSENT: Councilmember Erik Weigand
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said
City this 11th day of June, 2025.
A&;J.
Leilani I. Brown
City Clerk
Newport Beach, California
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