HomeMy WebLinkAbout2024-10 - Approving a Planned Community Development Plan Amendment for the Residences at 1401 Quail Street Located at 1401 Quail Street (PA2023-0040)ORDINANCE NO. 2024-10
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, APPROVING A
PLANNED COMMUNITY DEVELOPMENT PLAN
AMENDMENT FOR THE RESIDENCES AT 1401 QUAIL
STREET LOCATED AT 1401 QUAIL STREET (PA2023-
0040)
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 Intracorp Homes ("Applicant"), with
respect to the property located at 1401 Quail Street and legally described as Parcel 1 of
Resubdivision No. 341 ("Property");
WHEREAS, the Applicant is requesting approvals to demolish an existing office
building and develop 67 for -sale condominium units, including a 146-space parking
structure ("Project"), which requires the following approvals:
• General Plan Amendment ("GPA") — A request to amend the General Plan Land
Use Designation of the Property from General Commercial Office (CO-G) to
Mixed -Use Horizontal (MU-H2);
• 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;
• Tentative Vesting Tract Map ("VTM") — A Vesting Tentative Tract Map No.
19261 pursuant to Title 19 (Subdivisions) of the NBMC for 67 condominium
dwelling units;
Ordinance No. 2024-10
Page 2 of 8
• 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 27.5% increase in density including a request for four
development standard waivers related to park land dedication, building
setbacks, and building height along with two development concessions
related to the mix of affordable units and a partial payment of the 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 vested right to
develop the Project for a term of ten years and provide negotiated public
benefits to the City; and
• Addendum No. 8 to the 2006 General Plan Update Program Environmental
Impact Reports and the 2008-2014 City of Newport Beach Housing Element
Update and Initial Study/Negative Declaration ("Addendum No. 8") — 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,
WHEREAS, a public hearing was held by the Planning Commission on December
21, 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;
Ordinance No. 2024-10
Page 3of8
WHEREAS, at the hearing, the Planning Commission adopted Resolution No.
PC2023-047 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 ("AELUP");
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 Code 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. 2024-10 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;
WHEREAS, notice of the City's intent to override the ALUC inconsistency
determination, along with Resolution No. 2024-10 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 from the ALUC, and the
Aeronautics Program in accordance with CPUC Section 21676; and
Ordinance No. 2024-10
Page 4 of 8
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 ordains as
follows:
Section 1: The City Council has considered the recommendation of the
Planning Commission and determined that modifications to the Project made by the City
Council, if any, are not major changes that require referral back to the Planning
Commission for consideration and recommendation.
Section 2: The PCDP Amendment to the Newport Place Planned Community
(PC-11)is a legislative act. Neither the Newport Place Planned Community (PC-1 1),
Chapters 20.56 (Planned Community District Procedures) and 20.66 (Amendments) of
the NBMC, nor Section 65000 et seq. of the California Government Code set forth any
required findings for approval of such amendments. Notwithstanding the foregoing, the
PCDP Amendment complies with Part III (Residential Overlay) of the Newport Place
Planned Community (PC-11)based on the following findings:
1. The Project allocates 15% of the base units (eight dwelling units) as affordable
units. Of the eight units, six are restricted to very -low-income households and two
are restricted to low-income households.
2. Given the location of the Property in the Airport Area which includes a mixture of
service uses, hotels, John Wayne Airport and commercial support services,
professional offices, and new residential developments that cumulatively contain
the ingredients of a planned community, the PCDP Amendment would not disrupt
the existing uses within the Newport Place Planned Community (PC-11)and
would add to this diversity of uses, assisting the City in larger scale community
planning and the provision of additional housing opportunities.
3. The Property is located within 85 feet of the Residential Overlay set forth in the
Newport Place Planned Community (PC-1 1). The property nearest to the site
Ordinance No. 2024-10
Page 5 of 8
within the Residential Overlay is 1300 Bristol Street, across Spruce Street. The
property at 1300 Bristol has been approved but not yet constructed as a
residential apartment project. The Project would be consistent with the
anticipated future development of 1300 Bristol and the proposed Residences at
1400 Bristol Project as well other adjacent properties within the Residential
Overlay of Newport Place Planned Community (PC-11).
4. The Project would be subject to the appropriate site and project specific
setbacks, density, and height limits for this urban location. All required parking is
provided on -site. The Project complies with the development standards identified
for the Residential Overlay, except as modified by the allowed development
standard waivers identified in the Affordable Housing Implementation Plan. The
Residential Overlay provides a density range for proposed projects and
references the Section 20.32 (Density Bonus) of the NBMC that prescribes the
maximum density bonus and incentives allowed. The Project includes a density
bonus of 27.5%, where the PCDP Amendment references a maximum density
bonus of 35%. Therefore, the Project is consistent with the intent of the density
bonus assumptions in the Residential Overlay.
5. The Newport Place Planned Community (PC-11) requires an SDR in accordance
with Section 20.52.080 (Site Development Reviews) of the NBMC. The Project
includes an SDR, and all required findings are addressed in a separate
resolution.
6. The PCDP Amendment requires the density for a residential development to be
between 30 and 50 dwelling units per acre. The Project includes 52 base units,
not including density bonus units. Since the Property is 1.71 acres in size, there
is a base density of 30 dwelling units per acre. With density bonus, there is a
total of 67 dwelling units, which results in 39 units per acre. Both the density with
and without the density bonus units are consistent with the PCDP Amendment
density requirement.
7. The Property is located near existing office buildings within the Airport Area and
is not negatively impacted by noise, dust, smoke, vibration, odor, toxic or noxious
matter that may be generated by existing commercial or industrial uses nearby.
8. Residential dwellings are permitted as replacement of existing nonresidential
uses, and the number of peak hour trips generated by the Project is not to
exceed the number of trips of the underlying permitted nonresidential use. The
Ordinance No. 2024-10
Page 6 of 8
Property is developed with an existing one-story commercial office building
totaling 22,956 square feet. A standardized conversion rate of 2.29 dwelling units
per 1,000 square feet of commercial floor area, as provided by the City Traffic
Engineer, is required. This results in a total of 52 dwelling units, which is the
proposed based density of the Project. With a 27.50% density bonus or 15
dwelling units request, a total of 67 (52+15) dwelling units are proposed for the
Project.
9. The Property is fully developed and does not support any natural resources and
all potential environmental impacts associated with the Project are appropriately
addressed through standard building permit procedures, conditions of approval,
and the General Plan Policies identified in Addendum No. 8.
Section 3: The City Council hereby approves the Newport Place Planned
Community (PC-11) Development Plan Amendment, as set forth in Exhibit "A," which is
attached hereto and incorporated herein by reference and finds that the PCDP
Amendment complies with the purpose set forth in Section 20.56.010 (Purpose) of the
NBMC, with all other provisions of the existing Planned Community District Regulations
and exhibits remaining unchanged and in full force and effect.
Section 4: Environmental Impact Report Addendum No. 8 was prepared for
the Project in compliance with the California Environmental Quality Act ("CEQA") set
forth in California Public Resources Code Section 2100 et seq.; CEQA's implementing
regulations set forth in CCR Title 14, Division 6 Chapter 3 ("CEQA Guidelines") and City
Council Policy K-3 (Implementation Procedures for the California Environmental Quality
Act) to ensure that the Project will not result in new or increased environmental impacts.
On the basis of the entire environmental record, the Project will not result in any new
significant impacts that were not previously analyzed in the PEIR for the General Plan
2006 Update (SCH No. 2006011119) and the City of Newport Beach Housing Element
Initial Study/Negative Declaration. The potential impacts associated with this Project
would either be the same or less than those described in the PEIR and the City of
Newport Beach Housing Element Initial Study/Negative Declaration. 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 the PEIR or the City of Newport Beach Housing Element Initial
Study/Negative Declaration, nor has any new information regarding potential for new or
more severe significant environmental impacts been identified.
Ordinance No. 2024-10
Page 7 of 8
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 5: The recitals provided in this ordinance are true and correct and are
incorporated into the substantive portion of this ordinance.
Section 6: If any section, subsection, sentence, clause or phrase of this
ordinance 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 ordinance. The
City Council hereby declares that it would have passed this ordinance 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.
Ordinance No. 2024-10
Page 8 of 8
Section 7: The Mayor shall sign and the City Clerk shall attest to the passage
of this ordinance. The City Clerk shall cause the ordinance, or a summary thereof, to be
published pursuant to City Charter Section 414. This ordinance shall be effective thirty
(30) calendar days after its adoption.
This ordinance was introduced at a regular meeting of the City Council of the City
of Newport Beach held on the 9th day of April, 2024, and adopted on the 23rd day of
April, 2024, by the following vote, to -wit:
AYES: Mayor O'Neill, Mayor Pro Tern Stapleton Councilmember Avert/
Councilmember Blom, Councilmember Grant Councilmember
Kleiman, Councilmember Stapleton Councilmember Weigand
NAYS:
ABSENT:
WILLbfJEILL, MAYOR
ATTEST:
LEILANI I. BROWN, (CITY CLERK
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
4 ', C.
AARON C. HARP, CITY ATTORNEY
Attachment: Exhibit "A" — Newport Place Planned Community (PC-11) Development
Plan Amendment
Exhibit "A"
Newport Place Planned Community (PC-11) Development Plan Amendment
PA2023-0040 tr,
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PC-11 Newport Place Amendment N E W P O
City of Newp
1 A 0 1 Q uej; I Fy GIS wi,..,e...tie. Div,o Lill 7
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; that the foregoing ordinance, being Ordinance
No. 2024-10 was duly introduced on the 9th day of April, 2024, at a regular meeting, and adopted by the
City Council at a regular meeting duly held on the 23rd day of April, 2024, and that 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, Councilmember Erik Weigand
NAYS: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said
City this 24�h day of April, 2024
Leilani I. Brown, MMC
City Clerk
City of Newport Beach, California
CERTIFICATE OF PUBLICATION
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
Ordinance No. 2024-10 has been duly and regularly published according to law and the order of the City
Council of said City and that same was so published in The Daily Pilot, a newspaper of general circulation
on the following dates:
Introduced Ordinance: April 13, 2024
Adopted Ordinance: April 27, 2024
In witness whereof, I have hereunto subscribed my name this day of May, 2024.
Leilani I. Brown, MMC
City Clerk
City of Newport Beach, California