HomeMy WebLinkAbout2024-22 - Adopting Addendum No. 7 to the 2006 General Plan Update Program Environmental Impact Report and the 2008-2014 City of Newport Beach Housing Element Update Initial Study/Negative Declaration for the Residences at 1400 Bristol Street Project LocatRESOLUTION NO. 2024-22
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, ADOPTING
ADDENDUM NO. 7 TO THE 2006 GENERAL PLAN
UPDATE PROGRAM ENVIRONMENTAL IMPACT
REPORT AND THE 2008-2014 CITY OF NEWPORT
BEACH HOUSING ELEMENT UPDATE INITIAL
STUDY/NEGATIVE DECLARATION FOR THE
RESIDENCES AT 1400 BRISTOL STREET PROJECT
LOCATED AT 1400 BRISTOL STREET (PA2022-0296)
WHEREAS, Section 200 of the City of Newport Beach ("City") Charter vests the
City Council with the authority to make and enforce all laws, rules, and regulations with
respect to municipal affairs subject only to the restrictions and limitations contained in the
Charter and the State Constitution, and the power to exercise, or act pursuant to any and
all rights, powers and privileges, or procedures granted or prescribed by any law of the
State of California;
WHEREAS, an application was filed by The Picerne Group ("Applicant"), with
respect to the property located at 1400 Bristol Street and legally described in Exhibit "A,"
which is attached hereto and incorporated by reference ("Property").
WHEREAS, the Applicant is requesting approval to demolish two existing office
buildings and develop 229 apartment units, including a 422-space parking structure
("Project"), which requires the following approvals:
• General Plan Amendment ("GPA") - A request to amend the General Plan land
use designation from General Commercial Office (CO-G) to Mixed -Use
Horizontal 2 (MU-H2) and add 64 dwelling units above the General Plan
allowance to Anomaly 16 of the General Plan Table LU2 (Anomaly Locations);
• Planned Community Development Plan Amendment ("PCDP Amendment") - An
amendment to the Newport Place Planned Community (PC-11) Development
Plan to include the Property within the Residential Overlay;
• Major Site Development Review ("SDR") - A site development review in
accordance with the Newport Place Planned Community (PC-11) and Section
20.52.080 (Site Development Reviews) of the Newport Beach Municipal Code
("NBMC") to construct the Project;
Resolution No. 2024-22
Page 2 of 9
• Affordable Housing Implementation Plan ("AHIP") - A plan specifying how the
Project would meet the City's affordable housing requirements, in exchange for a
request of 50% increase in density including a request for six development
standard waivers related to park land dedication, building setbacks, building
height, private open space for each residential unit, common open space along
with two development concessions related to the mix of affordable units and
payment of park in -lieu fees pursuant to Chapter 20.32 (Density Bonus) of the
NBMC and Government Code Section 65915 et seq. ("State Density Bonus
Law");
• Development Agreement ("DA") — A development agreement between the
Applicant and the City, pursuant to Section 15.45.020 (Development Agreement
Required) of the NBMC, which would provide the Applicant with the vested right
to develop the Project for a term of 10 years and provide negotiated public
benefits to the City,
• Traffic Study - A traffic study pursuant to Chapter 15.40 (Traffic Phasing
Ordinance) of the NBMC; and
• Addendum No. 7 to the 2006 General Plan Update Program Environmental
Impact Report and the 2008-2014 City of Newport Beach Housing Element
Update and Initial Study/Negative Declaration ("Addendum No. 7") — An
addendum which addresses reasonably foreseeable environmental impacts
resulting from the Project;
WHEREAS, the Property is designated General Commercial Office (CO-G) by the
General Plan Land Use Element and located within the Newport Place Planned Community
(PC-11) Zoning District in the Industrial Site 3A sub -area;
WHEREAS, the Property is not located within the coastal zone; therefore, amending
the Local Coastal Program and obtaining a coastal development permit are not required,
Resolution No. 2024-22
Page 3 of 9
WHEREAS, a public hearing was held by the Planning Commission on December
7, 2023 in the Council Chambers at 100 Civic Center Drive, Newport Beach, California. A
notice of time, place and purpose of the hearing was given in accordance with
Government Code Section 54950 et seq. ("Ralph M. Brown Act"), and Chapter 15.45
(Development Agreements), Chapter 19.20 (Vesting Tentative Map), Chapter 20.56
(Planned Community District Procedures), and Chapter 20.62 (Public Hearings) of the
NBMC. Evidence, both written and oral, was presented to, and considered by, the
Planning Commission at this hearing;
WHEREAS, at the hearing, the Planning Commission adopted Resolution No.
PC2023-043 by a majority vote (6 ayes, 0 nays, 1 absent) recommending the City Council
approve the Project;
WHEREAS, California Public Utilities Code ("CPUC") Section 21676(b) requires
the City to refer the Project to the Orange County Airport Land Use Commission ("ALUC")
to review for consistency with the 2008 John Wayne Airport Environs Land Use Plan
("AE L U P");
WHEREAS, on January 18, 2024, the ALUC determined the Project is
inconsistent with the AELUP;
WHEREAS, pursuant to Sections 21670 and 21676 of CPUC, the City Council
may, after a public hearing, propose to overrule the ALUC with a two-thirds vote, if it
makes specific findings that the Project is consistent with the purpose of Section 21670
of the CPUC to protect the public health, safety, and welfare by ensuring the orderly
expansion of airports and the adoption of land use measures that minimize the public's
exposure to excessive noise and safety hazards within areas around public airports to the
extent that these areas are not already devoted to incompatible uses;
WHEREAS, a public hearing was held by the City Council on February 13, 2024,
in the City Council Chambers located at 100 Civic Center Drive, Newport Beach,
California. A notice of time, place, and purpose of the hearing was given in accordance
with CPUC Section 21676(b) and the Ralph M. Brown Act. Evidence, both written and
oral, was presented to, and considered by, the City Council at this hearing;
WHEREAS, at the conclusion of the hearing, the City Council adopted Resolution
No. 2024-9 by unanimous vote (7 ayes, 0 nays) to notify the ALUC and State Department
of Transportation Aeronautics Program ("Aeronautics Program") of the City's intent to
override ALUC's inconsistency finding;
Resolution No. 2024-22
Page 4 of 9
WHEREAS, notice of the City's intent to override the ALUC inconsistency
determination, along with Resolution No. 2024-9 was sent via certified mail and emailed
to the ALUC and the Aeronautics Program on February 14, 2024;
WHEREAS, the City received timely comments in response to the notice of the
City's intent to override the ALUC inconsistency determination the ALUC and the
Aeronautics Program in accordance with CPUC Section 21676; and
WHEREAS, a public hearing was held by the City Council on April 9, 2024, in the
City Council Chambers located at 100 Civic Center Drive, Newport Beach, California. A
notice of time, place and purpose of the public hearing was given in accordance with the
Ralph M. Brown Act, Chapter 15.45 (Development Agreements), Chapter 19.20 (Vesting
Tentative Maps), Chapter 20.56 (Planned Community District Procedures), and Chapter
20.62 (Public Hearings) of the NBMC, and CPUC Section 21676(b). Evidence, both
written and oral, was presented to, and considered by, the City Council at this meeting.
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows:
Section 1: The City Council adopted Resolution No. 2006-75 on July 25, 2006,
thereby certifying the adequacy and completeness of the Environmental Impact Report
("EIR") for the General Plan Update (SCH No. 2006011119), which is attached hereto as
Exhibit "B" and incorporated herein by reference. The EIR was prepared in compliance
with CEQA Guidelines set forth in the California Public Resources Code Section 21000
et seq. and its implementing State regulations set forth in the California Code of
Regulations Title 14, Division 6, Chapter 3 ("CEQA Guidelines") and City Council Policy
K-3. Additionally, in accordance with Section 15168(a) of the CEQA Guidelines, the City
prepared the EIR as a Program Environmental Impact Report ("PEIR") which analyzed
the potential impacts of a citywide land use plan, and the goals and policies of the 10
General Plan elements.
Section 2: The City Council adopted General Plan Amendment No. GP2008-
003 on November 22, 2011, thereby approving the 2008-2014 City of Newport Beach
Housing Element Update Initial Study/Negative Declaration under CEQA, which is
attached hereto as Exhibit "C" and incorporated herein by reference.
Resolution No. 2024-22
Page 5 of 9
Section 3: The City Council adopted Resolution Nos. 2007-79 and 2012-62 on
December 11, 2007 and July 24, 2012 respectively, approving Addenda Nos. 1 and 2 to
the 2006 General Plan Update EIR which are attached hereto as Exhibits "D" and "E" and
incorporated herein by reference, to analyze changes to the development intensities
within the North Newport Center Planned Community ("NNCPC") Development Plan. No
analysis specific to the Property was included in Addenda Nos. 1 and 2.
Section 4: The City Council adopted Resolution No. 2020-78 on September 8,
2020, approving Addendum No. 3 (ER2020-002), which is attached hereto as Exhibit "F"
and incorporated herein by reference, to the 2006 General Plan Update EIR to amend
the General Plan Land Use Designation of the Newport Airport Village project located
4341, 4361, and 4501 Birch Street; 4320, 4340, 4360, 4400, 4500, 4520, 4540, 4570,
4600, and 4630 Campus Drive; and 4525, 4533, and 4647 MacArthur Boulevard, from
AO (Airport Office and Supporting Uses) to Mixed -Use Horizontal 2 (MU-H2) and to
amend Table LU2 (Anomaly Locations) to add Anomaly No. 86 to allow for the
development of 329 dwelling units, exclusive of any permitted density bonus, and 297,
572 square feet of commercial uses. No analysis specific to the Property was included in
Addendum No. 3.
Section 5: The City Council adopted Resolution No. 2021-2 on January 26,
2021, approving Addendum No. 4 (ER2020-003), which is attached hereto as Exhibit "G"
and incorporated herein by reference, to the PEIR to amend Planned Community
Development Plan No. 15 (Koll Center Newport Planned Community) for the creation of
a residential overlay zone and a park overlay zone to allow for residential use and a public
park within the Koll Center Newport Professional and Business Office Site B, including a
major site development review, traffic study, lot line adjustment, affordable housing
implementation plan, and development agreement for the Residences at 4400 Von
Karman Project. No analysis specific to the Property was included in Addendum No. 4.
Section 6: The City Council adopted Resolution No. 2022-19 on March 22,
2022, approving Addendum No. 5 (ER2022-001), which is attached hereto as Exhibit "H"
and incorporated herein by reference, to the PEIR to approve the Residences at 1300
Bristol Street Project. No analysis specific to the Property was included in Addendum No.
5.
Resolution No. 2024-22
Page 6 of 9
Section 7: The Planning Commission approved Resolution No. PC2022-011 on
May 12, 2022, approving Addendum No. 6 (ER2022-002), which is attached hereto as
Exhibit "I" and incorporated herein by reference, to the PEIR to approve the Ritz Carlton
Residences Project. No analysis specific to the Property was included in Addendum No.
6.
Section 8: The Planning Commission recommended approval to City Council of
Addendum No. 8 (PA2023-0040) on December 21, 2023, which is attached hereto as
Exhibit "K" and incorporated herein by reference, to the PEIR for the consideration of the
Residences at 1401 Quail Street Project. No analysis specific to the Property was
included in Addendum No. 8.
Section 9: Pursuant to Section 21166 of the California Public Resources Code
and Section 15162 of the CEQA Guidelines, when an EIR has been certified for a project,
no subsequent EIR is required unless the lead agency determines, on the basis of
substantial evidence in the light of the whole record, one or more of the following:
a. Substantial changes are proposed in the project which will require major
revisions of the previous EIR due to the involvement of new significant
environmental effects or a substantial increase in the severity of previously
identified significant effects;
b. Substantial changes occurred 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
c. New information of substantial importance, which was not known and could not
have been known with the exercise of reasonable due diligence at the time the
previous EIR was certified as complete, shows any of the following:
The project will have one or more significant effects not discussed in the
previous EIR;
ii. Significant effects previously examined will be substantially more severe
than shown in the previous EIR;
iii. Mitigation measures or alternatives previously found not to be feasible
would, in fact, be feasible and would substantially reduce one or more
significant effects of the project, but the project proponents decline to
adopt the mitigation measure or alternative; or
Resolution No. 2024-22
Page 7 of 9
iv. Mitigation measures or alternatives which are considerable 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.
Section 10: Addendum No. 7 to the PEIR was prepared pursuant to Sections
15162 (Subsequent EIRs and Negative Declarations) and 15164 (Addendum to an EIR
or Negative Declaration) of the CEQA Guidelines.
Section 11: The following environmental topics were analyzed for the Project:
Aesthetics, Air Quality, Biological Resources, Cultural Resources, Energy, Geology and
Soils, Greenhouse Gas Emissions, Hazards and Hazardous Materials, Hydrology and
Water Quality, Land Use and Planning, Mineral Resources, Noise, Population and
Housing, Public Services, Recreation, Transportation, Tribal and Cultural Resources,
Utilities and Service Systems, and Wildfire. Addendum No. 7 includes analysis of new
topics that were not included in the previous EIRs; specifically, it includes a new Energy,
Wildfire, and Tribal Cultural Resources section. These additional analyses are
appropriate for inclusion in Addendum No. 7, but none result in new or increased
significant impacts that would require preparation of a subsequent EIR pursuant to
Section 15162 of the CEQA Guidelines.
Section 12: On the basis of the PEIR and entire environmental review record, the
Project (inclusive of recommended conditions of approval) will not result in any new
significant impacts that were not previously analyzed in the PEIR, Addenda Nos. 1, 2, 3, 4,
5, 6 and 8 to the PEIR. Addendum No. 6 confirms and provides substantial evidence that
the potential impacts associated with this Project would either be the same or less than
those described in either the PEIR, and Addenda Nos. 1, 2, 3, 4, 5, 6 and 8 to the PEIR. In
addition, there are no substantial changes to the circumstances under which the Project
would be undertaken that would result in new or more severe environmental impacts than
previously addressed in either the PEIR, Addenda Nos. 1, 2, 3, 4, 5, 6 and 8 to the PEIR
nor has any new information regarding the potential for new or more severe significant
environmental impacts been identified. Therefore, in accordance with Section 15164 of the
CEQA Guidelines, an addendum to the previously adopted PEIR, the 2008-2014 Housing
Element Update Initial Study/Negative Declaration Addenda Nos. 1, 2, 3, 4, 5, 6 and 8 to
the PEIR is the appropriate environmental document for the Project. In taking action to
approve any of the requested applications for the Project, the data presented in the PEIR,
Addenda Nos. 1, 2, 3, 4, 5, 6 and 8 to the PEIR as augmented by Addendum No. 7 for this
Project, are considered part of the record.
Resolution No. 2024-22
Page 8of9
Section 13: Addendum No. 7 which is attached hereto as Exhibit "J" is hereby
adopted by the City Council. Addendum No. 7 and related referenced documentation
including, but not limited to Exhibits "B" through "J" and "K," constitute the administrative
record upon which this decision was based, are on file with the Planning Division, City
Hall, 100 Civic Center Drive, Newport Beach, California.
Section 14: The City Council finds that judicial challenges to the City's CEQA
determinations and approvals of land use projects are costly and time consuming. In
addition, project opponents often seek an award of attorneys' fees in such challenges. As
project applicants are the primary beneficiaries of such approvals, it is appropriate that
such applicants should bear the expense of defending against any such judicial
challenge, and bear the responsibility for any costs, attorneys' fees, and damages which
may be awarded to a successful challenger.
Section 15: The recitals provided in this resolution are true and correct and are
incorporated into the operative part of this resolution.
Section 16: If any section, subsection, sentence, clause or phrase of this
resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not
affect the validity or constitutionality of the remaining portions of this resolution. The City
Council hereby declares that it would have passed this resolution, and each section,
subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses or phrases be declared invalid or
unconstitutional.
Resolution No. 2024-22
Page 9of9
Section 17: This resolution shall take effect immediately upon its adoption by the
City Council, and the City Clerk shall certify the vote adopting the resolution.
ADOPTED this 9th day of April, 2024.
Will O'Neill
Mayor
ATTEST:
r
Leilani I. Brown
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFIC
Waroh C. Harp
City Attorney
Attachments: Exhibit "A" —
Legal Description
Exhibit "B" —
2006 General Plan Update EIR
Exhibit "C" —
2008- 2014 City of Newport Beach Housing Element
Update Initial Study/ Negative Declaration
Exhibit "D" —
Addendum No. 1 (North Newport Center)
Exhibit "E" —
Addendum No. 2 (North Newport Center Planned
Community Amendment)
Exhibit "F" —
Addendum No. 3 (Newport Airport Village - ER2020-
002)
Exhibit "G"
— Addendum No. 4 (Residences at 4400 Von Karman —
ER2020- 003)
Exhibit "H"
— Addendum No. 5 (Residences at 1300 Bristol —
ER2022- 001)
Exhibit "I" —
Addendum No. 6 (Ritz Carlton Residences — PA2021-
296)
Exhibit "J" —
Addendum No. 7 (Residences at 1400 Bristol Street —
PA2022-0296)
Exhibit "K"
— Addendum No. 8 (Residences at 1401 Quail Street —
PA2023-0040)
Exhibit "A"
Legal Description
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF
NEWPORT BEACH, IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, AND IS
DESCRIBED AS FOLLOWS:
THAT PORTION OF BLOCK 50 OF IRVINE'S SUBDIVISION, AS SHOWN ON A MAP
RECORDED IN BOOK 1, PAGE 88 OF MISCELLANEOUS RECORDS MAPS,
RECORDS OF ORANGE COUNTY, CALIFORNIA, TOGETHER WITH THAT PORTION
OF TRACT 706, AS SHOWN ON A MAP RECORDED IN BOOK 21, PAGE 25 OF
MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY, DESCRIBED AS
FOLLOWS:
PARCEL 2 IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 54, PAGE 11 OF PARCEL MAPS
IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA.
EXCEPT THE FULL RIGHTS TO ALL MINERALS, PETROLEUM, GAS AND OTHER
HYDROCARBON SUBSTANCES EXISTING BELOW FIVE HUNDRED (500) FEET
FROM THE SURFACE OF SAID REAL PROPERTY DESCRIBED ABOVE, PROVIDED,
HOWEVER, THAT GRANTOR HEREBY EXPRESSLY WAIVES THE RIGHT TO ENTER
UPON THE SURFACE OF SAID REAL PROPERTY FOR THE PURPOSE OF
EXPLORING FOR, OR PRODUCING THE MINERALS, PETROLEUM, GAS AND
OTHER HYDROCARBON SUBSTANCES SO RESERVED IN DEED RECORDED JULY
1, 1977.
Exhibit "B"
The 2006 General Plan Update EIR
Available separately due to bulk at:
https://www.newportbeachca.gov/qovernment/departments/community-
development/planning-division/general-plan-codes-and-regulations/general-
plan/general-plan-environmental-impact-repor
Exhibit "C"
2008-2014 City of Newport Beach Housing Element Update
Initial Study/ Negative Declaration
Available separately due to bulk at:
https://www.newportbeachca.gov/government/departments/community-
development/planning-division/projects-environmental-document-download-
page/environmental-document-download-page-arch
Exhibit "D"
Addendum No. 1 (North Newport Center)
Available separately due to bulk at:
https://www.newportbeachca.gov/government/departments/community-
development/planning-division/general-plan-codes-and-regulations/general-
plan/general-plan-environmental-impact-repor
Exhibit "E"
Addendum No. 2 (North Newport Center Planned Community Amendment)
Available separately due to bulk at:
https://www.newportbeachca.gov/government/departments/community-
development/planning-division/general-plan-codes-and-regulations/general-
plan/general-plan-environmental-impact-repor
Exhibit "F"
Addendum No. 3 (Newport Airport Village — ER2020-002)
Available separately due to bulk at:
https://www.newportbeachca.gov/government/departments/community-
development/planning-division/general-plan-codes-and-regulations/general-
plan/general-plan-environmental-impact-repor
Exhibit "G"
Addendum No. 4 (Residences at 4400 Von Karman - ER2020- 003)
Available separately due to bulk at:
https://www. newportbeachca.gov/government/departments/community-
development/planning-division/general-plan-codes-and-regulations/general-
plan/general-plan-environmental-impact-repor
Exhibit "H"
Addendum No. 5 (Residences at 1300 Bristol - ER2022-001)
Available separately due to bulk at:
https://www.newportbeachca.gov/qovernment/departments/community-
development/planning-division/general-plan-codes-and-regulations/general-
plan/general-plan-environmental-impact-repor
Exhibit "I"
Addendum No. 6 (Ritz Carlton Residences — PA2021-296)
Available separately due to bulk at:
https://www.newportbeachca.gov/government/departments/community-
development/planning-division/general-plan-codes-and-regulations/general-
plan/general-plan-environmental-impact-repor
Exhibit "J"
Addendum No. 7 (Residences at 1400 Bristol Street — PA2022-0296)
Available separately due to bulk at:
https://www. newportbeachca.gov/government/departments/community-
development/planning-division/projects-environmental-document-download-
page/environmental-document-download-page
Exhibit "K"
Addendum No. 8 (Residences at 1401 Quail Street — PA2023-0040)
Available separately due to bulk at:
https://www.newportbeachca.gov/qovernment/departments/community-
development/planning-division/projects-environmental-document-download-
page/environmental-document-download-page
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. 2024-22 was duly introduced before and adopted by the City Council of said City at a regular meeting
of said Council held on the 9th day of April, 2024; and the same was so passed and adopted by the
following vote, to wit:
AYES: Mayor Will O'Neill, Mayor Pro Tern Joe Stapleton, Councilmember Brad Avery,
Councilmember Noah Blom, Councilmember Robyn Grant, Councilmember
Lauren Kleiman
NAYS: None
ABSENT: Councilmember Erik Weigand
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 101h day of April, 2024.
C"A�
Leilani I. Brown
City Clerk
Newport Beach, California
Fro