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HomeMy WebLinkAbout15 - Intent to Override the Airport Land Use Commission Finding of Inconsistency for the Newport Airport Village Project (PA2014-225)e �EvuPpRr CITY OF NEWPORT BEACH <,FORNP City Council Staff Report July 28, 2020 Agenda Item No. 15 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Seimone Jurjis, Community Development Director - 949-644-3232, sjurjis@newportbeachca.gov PREPARED BY: David Blumenthal, AICP, Planning Consultant dblumenthal@newportbeachca.gov PHONE: 949-644-3204 TITLE: Resolution No. 2020-73: Intent to Override the Airport Land Use Commission Finding of Inconsistency for the Newport Airport Village Project (PA2014-225) ABSTRACT - The applicant is processing a number of applications, including a General Plan Amendment and Planned Community Development Plan, that would allow for the future redevelopment of the 16.46 -acre property with up to 444 dwelling units (329 base units and 115 density bonus units) and 297,572 square feet of retail, office, and other airport supporting uses. Prior to the City Council taking action on these applications, the City is required to submit the project to the Airport Land Use Commission (ALUC) for a consistency determination with the Airport Environs Land Use Plan (AELUP) for John Wayne Airport. ALUC conducted a hearing on the matter on July 16, 2020, and found the project was inconsistent with AELUP. For the City Council's consideration is a request to consider overriding the ALUC finding of inconsistency. This action would authorize staff to formally provide notice, pursuant to Public Utilities Code Section 21676 (b), to the ALUC and the State Division of Aeronautics of the City's intention to override the ALUC inconsistency finding. RECOMMENDATION: a) Conduct a public hearing-, b) Find the adoption of this Resolution is not subject to 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 c) Adopt Resolution No. 2020-73, A Resolution of the City Council of the City of Newport Beach, California, Notifying the Orange County Airport Land Use Commission and the State Division of Aeronautics of the City's Intention to Find that the Newport Airport Village Planned Community Development Plan is Consistent with the Purposes of the State Aeronautics Act and to Overrule the Orange County Airport Land Use Commission's Determination that the Newport Airport Village Planned Community Development Plan is Inconsistent with the Airport Environs Land Use Plan for the John Wayne Airport (PA2014-225). 15-1 Resolution No. 2020-73: Intent to Override the Airport Land Use Commission Finding of Inconsistency for the Newport Airport Village Project (PA2014-225) July 28, 2020 Page 2 FUNDING REQUIREMENTS: There is no fiscal impact related to this item. INTRODUCTION: Project Setting The 16.46 -acre project site is generally located southeast of John Wayne Airport and is west of MacArthur Boulevard, south of Campus Drive, north of Birch Street, and about 550 feet north of Dove Street. The project site is currently developed with a variety of commercial uses, including retail, restaurants, rental vehicle facilities and office buildings. The project site is within the Airport Area of the City and currently has a General Plan Land Use Plan Category of Airport Office (AO). Additionally, the project site is zoned OA (Office Airport) that allows uses consistent with the Land Use Plan Category. Figure 1 - Project Boundaries Project Description Although final action on the project will not be considered by the City Council at this time, the following details of the project is being provided to allow the Council to discuss the merits of the ALUC override request. 15-2 IF CrRth�IrRN -e. IY<Y G� Legend _/ Newport Anpo�t Ydlage PlwDed Gomn,unny Sarcr.Cay ul HewWnG15 Figure 1 - Project Boundaries Project Description Although final action on the project will not be considered by the City Council at this time, the following details of the project is being provided to allow the Council to discuss the merits of the ALUC override request. 15-2 Resolution No. 2020-73: Intent to Override the Airport Land Use Commission Finding of Inconsistency for the Newport Airport Village Project (PA2014-225) July 28, 2020 Page 3 Saunders Property Company c/o Starpointe Ventures ("Applicant") seeks approval of a General Plan Amendment, Zoning Code Amendment, Planned Community Development Plan ("PCDP"), and a Development Agreement as summarized below. The Applicant's request does not include any project specific development or plans, but rather is for legislative approvals only. Should the subject applications be approved by the City Council, future development would require the processing of a site development review application and be required to comply with the development and use standards set forth in the PCDP. A complete analysis of the project and related entitlement findings can be found in the attached Planning Commission staff report (Attachment B). General Plan Amendment The proposal would amend the General Plan Land Use Category of the site from Airport Office (AO) (Figure 2) to Mixed Use Horizontal 2 (MU -H2) (Figure 3). This change would alter the future focus of the property from uses that are intended to support or benefit from airport operations (e.g. professional offices, aviation retail, automobile rental and sales, hotels, ancillary retail and restaurant), to a horizontal intermixing of uses that may include regional commercial office, multi -family residential, vertical mixed-use buildings, industrial, hotel rooms, and ancillary neighborhood commercial uses. 9 Change land use designation from General Commercial Office (CO -G) to Pmvare Institutions {PI} and amend Anomaly No. 22 to allow 85,090 square feet for Residential Care Facility for the Elderly located at 101 Bayview place. I Increase the inwdmum allowable development (� limit by 11,544 square feet and create anomaly y , No. 2.1 for 4300 Von Karman. f U K�+ ® O 4 Ad chi Figure 2 — Existing Land Use Map (Excerpt Land Use Element Figure LU11) 15-3 Resolution No. 2020-73: Intent to Override the Airport Land Use Commission Finding of Inconsistency for the Newport Airport Village Project (PA2014-225) July 28, 2020 Page 4 a�4 � L e [` fr# �• h Q -H- a � { * MU -H2 war t x CO—G A. r Figure 3 - Proposed Land Use Map This General Plan Amendment would also provide Anomaly 86 to the General Plan Table LU2 (Anomaly Locations) establishing the following maximum development limits to the site: Table. Anomaly Statistical Land Use Development Number Area Designation Limit (so Development Limit Other Additional Information Nonresidential 86 L4 MU -1-12 development 329 dwelling units 297,572 The General Plan contains a maximum limit of 2,200 dwelling units within the MU -1-12 designation of the Airport Area. In considering the Newport Airport Village project, in conjunction with the other approved and pending projects within the MU -1-12 land use designation, there would be 430 remaining units available for other properties with the MU -1-12 designation (see Table 1). 15-4 Resolution No. 2020-73: Intent to Override the Airport Land Use Commission Finding of Inconsistency for the Newport Airport Village Project (PA2014-225) July 28, 2020 Page 5 Table 1 —Airport Area Residential Units Residential Development Allocation Base Units Density Bonus Units Project Totals With Density Bonus Replacement Units Additive Units Total Units General Plan Development Limit (MU -H2) 1650 550 2,200 Approved Projects Uptown Newport 632 290 922 322 1,244 Newport Crossings 259 0 259 91 350 Projects Under Review The Koll Center Residences 260 260 52 312 Proposed Newport Airport Village 329 0 329 115 444 Remaining Development Allocation 430 0 430 It is important to note that the density bonus units do not count towards the capacity limits of the General Plan since State Housing Law excludes these types of dwelling units from maximum allowable densities under the General Plan. Zoning Code Amendment The Zoning Code Amendment would rezone the site from OA (Office Airport) to PC -60 (Planned Community - Newport Airport Village Planned Community) to implement the proposed MU -1-12 land use designation. .' COURT O Q ; GPS P� ¢- S o Way TSF 9 F ' � Y 1COA PC -11 PC -15 m Figure 4 - Proposed Zoning Map 15-5 Resolution No. 2020-73: Intent to Override the Airport Land Use Commission Finding of Inconsistency for the Newport Airport Village Project (PA2014-225) July 28, 2020 Page 6 This rezone would allow for the adoption of the Planned Community Development Plan (PCDP), which would set the development standards and land use regulations for the project site. Planned Community Development Plan The draft Newport Airport Village PCDP is attached to this report as Attachment C. To achieve a mixed-use environment, Newport Airport Village PC District is divided into two planning areas (see Figure 5). Planning Area 1 would accommodate all of the dwelling units, plus up to 94,583 square feet of nonresidential (food service, retail, offices, and personal services) uses. It is important to note that all dwelling units would be required to be located outside of John Wayne Airport's 65-dBA CNEL zone and Safety Zone 3. Planning Area 2 is limited to nonresidential uses with a FAR of 0.5. This would include food services, bars/nightclubs, retail sales, offices, personal services, and most uses permitted or conditionally permitted within the Office Airport (OA) zone. Q John Wayn�`Airport W q� e of Planning Area 1 f`� r "'Planning Area 2" w ----- ------9-j Viz... m � � e J Figure 5 — Planning Areas The PCDP also establishes the development standards that future development would need to abide by, a summary of which is contained in Table 2. 15-6 Resolution No. 2020-73: Intent to Override the Airport Land Use Commission Finding of Inconsistency for the Newport Airport Village Project (PA2014-225) July 28, 2020 Page 7 Table 2 — Development Standards Development Standard Planning Area 1 Planning Area 2 Housing Density 30 units/acre minimum N/A 46 units/acre maximum Building Height 85' (residential and mixed-use) 37', an increase to 55' is 37' (nonresidential) allowed with approval of a Site Development Permit Setbacks Buildings under 20' in height 15' from street property line 10' from street property line 5' from internal property line 5' from internal property line Buildings 20' or greater in height 20' from street property line 5' from internal property line Floor Area 94,583 square feet 0.5 Floor Area Ratio (202,989 square feet) Open Space Private — 5% gross floor area/unit N/A Common — 75 square feet/unit Development Agreement Pursuant to NBMC Section 15.45.020(A)(2)(a), a Development Agreement is required whenever a General Plan Amendment or Zoning Code Amendment is proposed that will result in the development of 50 or more dwelling units. The intent of the Development Agreement is to provide the property owner/developer a vested development right, while providing some public benefit to the community. In this case, the property owner/developer would have a vested right to develop 444 dwelling units (329 base units and up to 115 density bonus units) and 297,572 square feet of commercial floor area, provided the proposed development complies with the development regulations and design guidelines set forth in the PCDP. The vested right to develop is for 15 years for the residential portion of the project and 20 years for the nonresidential portion of the project. In consideration of the vested development right, the property owner/developer will pay the following in addition to standard impact fees: • Public Benefit Fee: $6,000,000 in three installments • General Plan Policy Waiver In -Lieu Park Fee: $2,500,000 • Public Safety Fee: $1,000,000 for Fire Life Safety staffing, services, or equipment Planning Commission Review On June 4, 2020, the Planning Commission conducted a duly noticed public hearing to consider the requested application (Attachment D). Other than the applicant and his representative, only one member of the public addressed the Planning Commission regarding the request. At the conclusion of the public hearing, the Planning Commission adopted Resolution No. PC2020-20 (Attachment E), thereby recommending the City Council approve the project, by a 6-0 vote. 15-7 Resolution No. 2020-73: Intent to Override the Airport Land Use Commission Finding of Inconsistency for the Newport Airport Village Project (PA2014-225) July 28, 2020 Page 8 DISCUSSION: Airport Land Use Commission The project site falls within the airport planning area of the Airport Environs Land Use Plan (AELUP) for the John Wayne Airport. Section 4.3 of the AELUP and Section 21676(b) of the Public Utilities Code requires the City submit the project to the ALUC for a consistency determination with the AELUP. ALUC conducted a hearing on the matter on July 16, 2020 (Attachment F), to which staff and the project proponent attended. ALUC voted (6-0) to find the project is inconsistent with the AELUP based on noise, safety, and height. Noise The AELUP uses the Community Noise Equivalent Level (CNEL) system for measuring noise impacts, which is a weighted average of noise over time. The John Wayne Airport 65 dB CNEL noise contour transects the Property, running from north to south with approximately half of the project site located within the 65-dBA CNEL noise contour and the other half located within the 60-dBA CNEL noise contour. A measurement of 65-dBA CNEL is generally considered too noisy for residential developments. For areas within the 65-dBA CNEL noise contour, the AELUP does not support residential development. However, for areas outside of the 65-dBA CNEL noise contour, residential development is permitted, provided the units have sufficient sound attenuation. To meet these standards, the PCDP prohibits residential developments within the 65-dBA CNEL noise contour. For dwelling units outside of the contour, the PCDP requires all dwelling units be designed to provide an interior ambient noise level that does not exceed 45-dBA between 7 a.m. and 10 p.m. and 40-dBA between 10 p.m. and 7 a.m. Furthermore, all prospective purchasers and tenants are required to be notified about potential noise generated from John Wayne Airport. It is important to note that these restrictions are also included in the goals and policies of Newport Beach General Plan Noise Element, which the ALUC found to be consistent with the AELUP in 2006. Based on this, staff is of the opinion that allowing residential development outside of the 65-dBA CNEL noise contour is consistent with the AELUP and overriding the ALUC's finding would be appropriate. Safety Portions of the project site are located within Safety Zone 3 for John Wayne Airport, with the remainder located in Safety Zone 6. According to the AELUP, Zone 3 precludes high density residential; however, commercial development is allowed. Zone 6, which is less restrictive than Safety Zone 3, allows all residential uses and commercial development (excepting high intensities uses, such as outdoor stadiums). 15-8 Resolution No. 2020-73: Intent to Override the Airport Land Use Commission Finding of Inconsistency for the Newport Airport Village Project (PA2014-225) July 28, 2020 Page 9 Staff believes that the PCDP is consistent with the safety zone requirements as it explicitly prohibits residential dwelling units within Safety Zone 3. Further, the permitted nonresidential uses include lower intensity retail and offices uses, as well as uses that are currently allowed in the OA zone. The remainder of the site is within Safety Zone 6, which according to the AELUP has "generally low likelihood of accident occurrence." Basic compatible qualities listed in the AELUP include residential uses and most nonresidential uses, excluding very high intensity uses, such as outdoor stadiums. In consistency with these allowances, the PCDP permits residential uses within the zone, as well as a variety of low intensity nonresidential uses. ALUC also expressed a concern about overflight of the property. Notwithstanding this, the Federal Aviation Administration ("FAA") conducted an aeronautical study for the Project consistent with the Federal Aviation Regulations. The FAA issued a "Determination of No Hazard to Air Navigation" on April 28, 2020, thereby finding the structure does not exceed obstruction standards and would not be a hazard to air navigation. The FAA's determination is based on an 80 -foot maximum height, whereas the PCDP currently proposes an 85 -foot maximum height. Prior to the City Council taking final action on the project, the applicant would need to obtain a revised Determination of No Hazard to Air Navigation from the FAA or revised the application to comply with the 80 -foot height limit. It is staff's opinion that provided the project complies with the FAA's requirements, approval of the Newport Airport Village PCDP will not create a safety hazard and overriding the ALUC finding is warranted. Height In determining height limits, AELUP Section 2.1.3 provides that the Federal Aviation Regulations are the only definitive standard available and are the standards most generally used. This section of the AELUP also identifies the FAA as the single "Authority" for analyzing project impact on airport or aeronautical operations, or navigational -aid siting, including interference with navigational -aids or published flight paths and procedures along with reporting results of such studies and project analyses. As previously noted, the FAA issued a "Determination of No Hazard to Air Navigation" based on an 80 -foot maximum height. Although the PCDP currently proposes an 85 -foot maximum height, the applicant would need to obtain a revised Determination of No Hazard to Air Navigation from the FAA or revise the PCDP to comply with the 80 -foot height limit prior to the City Council's final action. The project site is located in the 300 -foot High Rise Height Area, as depicted in Map H-1 (High Rise and Shoreline Height Limit Areas) (attachment G). On August 19, 2010, ALUC found the revisions to Title 20 (Planning and Zoning) of the NBMC to be consistent with the AELUP. The 2010 Zoning Code Update included Section 20.30.060(C)(2)(e) (High Rise Height Area) of the NBMC and Map H-1 (High Rise and Shoreline Height Limit Areas), which authorizes a 300 foot height limit in the High Rise Height Area. As previously stated, the maximum allowed building height under the PCDP within the permitted building envelope is 85 feet. Considering the FAA's finding and the ALUC previous consistency finding, staff believes that overriding the ALUC finding on height would be proper. 15-9 Resolution No. 2020-73: Intent to Override the Airport Land Use Commission Finding of Inconsistency for the Newport Airport Village Project (PA2014-225) July 28, 2020 Page 10 Override Process As a final review authority on legislative acts, the City Council may choose to override ALUC's determination by following a two-step process, which is established in Public Utilities Code 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 ALUC and State Division of Aeronautics to provide formal notification of the City's intent. The second step in the process is that not less than 45 -days after notification has been sent to ALUC and State Division of Aeronautics, 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 project entitlements and take final action on the application. The following points are important to consider: • The Council's adoption of the attached notification resolution does not constitute the Project's approval, nor does it predispose the City Council's future action on either the Project or the consistency determination; • The attached resolution notifying ALUC and the State Division of Aeronautics of City's intent, and the resolution to overrule ALUC, which will be presented at a future hearing, must be adopted by a two-thirds vote. Since there are seven Council districts, five affirmative votes are needed to pass the resolution. • Should the City Council ultimately overrule the ALUC decision, that action will not directly affect the City's status as a consistent agency with the AELUP, but it does not prevent ALUC from taking future actions. Public Utilities Code Section 21678 states that if the City overrides 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. Virtual Meeting with Airport Director of John Wayne Airport On June 24, 2020 a virtual meeting was held between the Newport Beach City Manager, Grace Leung and John Wayne Airport ("Airport"), Airport Director Barry Rondinella including staff from both agencies. Mr. Rondinella wanted to convey that the Airport did not support the proposed residential project. He gave two reasons why: 1) with the project's close proximity to the Airport, the Airport would ultimately be receiving a high number of noise complaints from the residents living in the project. This is especially troubling for the Airport since they have been working with the City on the current outstanding aircraft generated noise issues; and 2) the project's location is in the flight path of aircraft using the left runway of the Airport. The project and its residents become more at risk of aircraft related accidents. 15-10 Resolution No. 2020-73: Intent to Override the Airport Land Use Commission Finding of Inconsistency for the Newport Airport Village Project (PA2014-225) July 28, 2020 Page 11 Airport Land Use Commission Call for Review As stated above, ALUC found the project to be inconsistent with the AELUP based on noise, safety, and height. After the hearing was conducted, the Chair asked that an item be placed on a future ALUC agenda. At the time of the writing of this report, staff believes two items will return for the commission's consideration: 1) overview of overrides, what it means, and what actions can ALUC take regarding them; and 2) review of Newport Beach's consistency status and the past projects that have been overridden. Any override of ALUC's decision on proposed projects is grounds to find Newport Beach as an inconsistent agency. ALUC may pursue a path to find Newport Beach to be inconsistent with the AELUP. Imaortance of Proiect towards Housina Needs As an alternative to overriding the ALUC findings, the Council can direct the applicant to redesign the project in a manner that the ALUC would find consistent with the AELUP. In this case, staff believes the applicant would need to eliminate the residential component of their request. Given the extremely high Regional Housing Needs Allocation (RHNA) of 4,832 new dwelling units the City is expected to plan for in the upcoming 61" Cycle Housing Element Planning Period (2021-2029), staff believes this is not the most prudent option. If the project were approved, PCDP Planning Area No. 1 would be added to the City's Housing Sites Inventory as part of the Housing Element Update process. Credit could be given for the project towards meeting a significant portion of the City's upcoming RHNA due to the fact that project meets all criteria as a viable housing opportunity site pursuant to State Housing Element Law. ENVIRONMENTAL REVIEW: Final action on the project is not being considered at this time. A complete environmental analysis of the project is contained in the attached Planning Commission resolution for which an addendum to an EIR is being proposed. 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. Adoption of the resolution of intent to override is not subject to 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. 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 development of the Property or commit the City to approve the Project. Potential project impacts will be analyzed when the City Council considered the Project. 15-11 Resolution No. 2020-73: Intent to Override the Airport Land Use Commission Finding of Inconsistency for the Newport Airport Village Project (PA2014-225) July 28, 2020 Page 12 NOTICING: Notice of this hearing was published in the Daily Pilot, mailed to all owners of property within 300 feet of the boundaries of the site (excluding intervening rights-of-way and waterways), including the applicant and an email select alert was sent to email subscribers of the Planning Division's notification list. The item also appears on the agenda for this meeting, which was posted at City Hall and on the City Website. ATTACHMENTS: Attachment A — Resolution No. 2020-72 Attachment B — Planning Commission Staff Report Dated June 4, 2020 Attachment C — Newport Airport Village Planed Community Development Plan Attachment D — Planning Commission Minute Excerpts Dated June 4, 2020 Attachment E — Planning Commission Resolution No. PC2020-20 (excluding exhibits) Attachment F — ALUC Staff Report Dated July 16, 2020 Attachment G — Map H-1 (High Rise and Shoreline Height Limit Areas) 15-12 ATTACHMENT A RESOLUTION NO. 2020- 73 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, NOTIFYING THE ORANGE COUNTY AIRPORT LAND USE COMMISSION AND THE STATE DIVISION OF AERONAUTICS OF THE CITY'S INTENTION TO FIND THAT THE NEWPORT AIRPORT VILLAGE PLANNED COMMUNITY DEVELOPMENT PLAN IS CONSISTENT WITH THE PURPOSES OF THE STATE AERONAUTICS ACT AND TO OVERRULE THE ORANGE COUNTY AIRPORT LAND USE COMMISSION'S DETERMINATION THAT THE NEWPORT AIRPORT VILLAGE PLANNED COMMUNITY DEVELOPMENT PLAN IS INCONSISTENT WITH THE AIRPORT ENVIRONS LAND USE PLAN FOR JOHN WAYNE AIRPORT (PA2014-225) WHEREAS, an application was filed by Saunders Property Company ("Applicant") with respect to property located at 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 within the northerly portion of the Campus Tract, generally bounded by Birch Street, Campus Drive, MacArthur Boulevard and the extension of Corinthian Way, legally described on Exhibit A, which is attached hereto and incorporated herein by reference ("Property"); WHEREAS, the Property is designated AO (Airport Office and Supporting Uses) by the City of Newport Beach General Plan ("General Plan") Land Use Element and is located within the OA (Office -Airport) Zoning District; WHEREAS, the Applicant proposes a Planned Community Development Plan that would allow redevelopment of the 16.46 -acre Property with up to 329 residential dwelling units, exclusive of any density bonus as allowed pursuant to California Government Code Section 65915 and up to 297,572 square feet of office, retail, and commercial use ("Project') which require the following approvals from the City of Newport Beach ("City") - General Plan Amendment (GP2014-004) ("GPA") — A request to amend the General Plan Land Use Designation of the Property from AO (Airport Office and Supporting Uses) to MU -H2 (Mixed -Use Horizontal 2) 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; 15-13 Resolution No. 2020 - Page 2 of 9 • Zoning Code Amendment (CA2014-009) — A request to change the zoning district of the Property from OA (Office -Airport) to PC -60 (Newport Airport Village Planned Community); • Planned Community Development Plan (PC2020-002) -- A request to adopt the Newport Airport Village Planned Community Development Plan ("PCDP"). The PCDP sets the development design and use standards for the Property; • Development Agreement (DA2014-003) ("DA") — A request for a Development Agreement between the Applicant and the City, which would provide vested rights to develop the Property, while also providing negotiated public benefits; and • Addendum to the 2006 General Plan Update and the 2014 General Plan Land Use Element Amendment Environmental Impact Reports (ER2020-002) — Pursuant to the California Environmental Quality Act ("CEQA"), the Addendum to the Environmental Impact Reports will address reasonably foreseeable environmental impacts resulting from the Project; WHEREAS, a public hearing was held by the Planning Commission on June 4, 2020, in the 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 California Government Code Section 54950 et seq. ("Ralph M. Brown Act") and Chapter 20.62 of the NBMC. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this public hearing; WHEREAS, at the hearing, the Planning Commission adopted Resolution No. PC2020-020 by a majority vote (6 ayes, 0 nays) recommending the City Council approve the Project; WHEREAS, due to the proposed amendments to the General Plan and the Property's zoning regulations, California Public Utilities Code Section 21676(b) requires the City to refer the Project to the Orange County Airport Land Use Commission ("ALUC") for a determination of the Project's consistency with the Airport Environs Land Use Plan ("AELUP") for John Wayne Airport; WHEREAS, on July 16, 2020, the ALUC voted (6 ayes, 0 nays) finding the Project inconsistent with the AELUP; 15-14 Resolution No. 2020 - Page 3 of 9 WHEREAS, pursuant to California Public Utilities Code Sections 21670 and 21676, the City Council may, after a public hearing, propose to overrule ALUC by a two- thirds vote of the City Council, if it makes specific findings that the Project is consistent with California Public Utilities Code Section 21670 purpose 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, and WHEREAS, a public hearing was held by the City Council on July 28, 2020, in the 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 Public Utilities Code Section 21676(b), the Ralph M. Brown Act, and Chapter 20.62 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 Project is consistent with the legislative purpose set forth in California Public Utilities Code Section 21670(x)(2) 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. Facts in SupPort 1. The Project is consistent with the noise standards of the AELUP. The AELUP guides development proposals to provide for the orderly development of John Wayne Airport and the surrounding area through implementation of the standards in AELUP Section 2 (Planning Guidelines) and Section 3 (Land Use Policies). Implementation of these standards are intended to protect the public from the adverse effects of aircraft noise, ensure that people and facilities are not concentrated in areas susceptible to aircraft accidents, and ensure that no structures or activities adversely affect navigable airspace. 15-15 Resolution No. 2020 - Page 4 of 9 The AELUP makes use of the Community Noise Equivalent Level ("CNEL") system for measuring noise impacts. The John Wayne Airport 65 dB CNEL noise contour transects the Property, running from north to south with approximately half of the project area located within the 65 dBA CNEL noise contour and the other half located within the 60 dBA CNEL noise contour. Section 3.2.3 (Noise Impact Zone "1" - High Noise Impact (65 dB CNEL and above)) of the AELUP notes commercial, industrial, and recreational uses are acceptable uses, however, residential development is not supported within the 65 dB CNEL noise contour. Conversely, Section 3.2.4 (Noise Impact Zone "2" - Moderate Noise Impact (60 dB CNEL or greater, less than 65 dB CNEL)) of the AELUP, where the other half of the Project lies, allows residential development, provided that the units have sufficient sound attenuation. In accordance with these policies, the PCDP prohibits residential developments within Noise Impact Zone "1" but allows residential developments within Noise Impact Zone "2". The PCDP requires all dwelling units provide an interior ambient noise level that does not exceed 45 dBA between 7:00 a.m. and 10:00 p.m. and 40 dBA between 10:00 p.m. and 7:00 a.m. Additionally, in the event a neighborhood park is developed, notification to future residents and the public will be required by way of posting signs in outdoor open areas and recreation areas. The Newport Beach General Plan Noise Element, which the ALUC found to be consistent with the AELUP in 2006, requires residential development in the Airport Business Area to be located outside of the 65 dBA CNEL noise contour and requires residential developers to notify purchasers or tenants of aircraft overflight and noise. As previously noted, the PCDP prohibits residential development within the 65 dBA contour line and requires notice to prospective purchasers and tenants about potential noise generated from John Wayne Airport. 2. The Project is consistent with the Safety Standards of the AELUP. Safety compatibility zones are set forth in Section 2.1.2 (Safety Compatibility Zones) of the AELUP. Safety and compatibility zones depict which land uses are acceptable in various portions of John Wayne Airport environs. Portions of the Project are located with Safety Compatibility Zone 3, with the remainder located in Safety Compatibility Zone 6 for Runway 2R and 20L (formerly 1 R and 19L). The Project is located within Safety Compatibility Zone 6 for Runway 2L and 20R (formerly 1L and 19R). Zone 3 precludes high density residential, however, commercial development is allowed. Safety Compatibility Zone 6, which is less restrictive than Safety Compatibility Zone 3, allows all residential uses and commercial development (excepting high intensities uses, such as outdoor stadiums). To protect the public health, safety and welfare, the PCDP prohibits residential developments within Safety Compatibility Zone 3. Furthermore, the 15-16 Resolution No. 2020 - Page 5 of 9 PCDP incorporates nonresidential development within Safety Compatibility Zone 3 that is consistent with the nonresidential uses listed in the AELUP. 3. The project is consistent with the height standards of the AELUP. Section 2.1.3 (Building Height Restrictions) of the AELUP sets forth building height restrictions. This Section provides that ALUC consider only one standard as provided in 14 Code of Federal Regulations ("C.F.R.") Part 77 (also referred to as the Federal Aviation Regulations). Section 2.1.3 provides that the Federal Aviation Regulations are the only definitive standard available and the standard most generally used. Section 2.1.3 identifies the Federal Aviation Administration ("FAA") as the single "Authority" for analyzing project impact on airport or aeronautical operations, or navigational -aid siting, including interference with navigational -aids or published flight paths and procedures along with reporting results of such studies and project analyses. The FAA conducted an aeronautical study for the Project consistent with the Federal Aviation Regulations. The FAA issued a Determination of No Hazard to Air Navigation on April 28, 2020, thereby finding the structure does not exceed obstruction standards and would not be a hazard to air navigation. The FAA reviewed the following heights: 44 feet site elevation ("SE"), 80 feet above ground level ("AGL"), and 124 feet above mean sea level ("AMSL"). The FAA further found that marking and lighting of the Project are not necessary for aviation safety_ Therefore, any buildings constructed to a height of 80 feet within the PCDP area would be consistent with the FAA's findings. While the PCDP currently permits a maximum height of 85 feet AGL and 129 feet AMSL, any increase in height of the structure above the 80 -foot height limit would require a revised Determination of No Hazard to Air Navigation from the FAA. On August 19, 2010, ALUC found the revisions to Title 20 (Planning and Zoning) of the Newport Beach Municipal Code ("2010 Zoning Code Update") to be consistent with the AELUP. The 2010 Zoning Code Update included Section 20.30.060(C)(2)(e) (High Rise Height Area) of the NBMC and Map H-1 (High Rise and Shoreline Height Limit Areas) which authorizes a 300 foot height limit in the High Rise Height Area. The Project is located in the 300 foot High Rise Height Area, however, as indicated above, the maximum allowed building height under the PCDP within the permitted building envelope is 85 feet. Section 2: The City Council finds the ALUC's determination that the Project is inconsistent with the AELUP is not based on substantial evidence that was introduced, commented on, or identified in support of the inconsistency finding. 15-17 Resolution No. 2020 - Page 6 of 9 Facts in Support 1. The ALUC staff report noted the proposed PCDP is inconsistent with the AELUP regarding noise, height, and safety zones. The staff report was presented to the ALUC on July 16, 2020, however, no additional information was presented beyond what was contained in the staff report. 2. The ALUC staff report states the Project is not consistent with Section 2.1.1 (Aircraft Noise) in that the aircraft noise emanating from airports may be incompatible with general welfare of the inhabitants within the vicinity of an airport. As noted in Section 1 of this Resolution, the John Wayne Airport 65 -dB CNEL noise contour transects the site, running from north to south and approximately half of the project area is located within the 65-dBA CNEL contour. Section 3.2.3 (Noise Impact Zone "1" - High Noise Impact (65 dB CNEL and above)) of the AELUP notes commercial, industrial, and recreational uses are acceptable uses, however, this section does not support residential development is not supported within the 65 dB CNEL noise contour. Conversely, Section 3.2.4 (Noise Impact Zone "2" - Moderate Noise Impact (60 dB CNEL or greater, less than 65 dB CNEL)) of the AELUP allows residential development, provided the units have sufficient sound attenuation. In accordance with these policies, the PCDP prohibits residential developments within Noise Impact Zone "'I". For residential developments within Noise Impact Zone "2", the PCDP required that all dwelling units provide an interior ambient noise level that does not exceed 45 dBA between 7:00 a.m. and 10:00 p.m. and 40 dBA between 10.00 p.m. and 7:00 a.m. Additionally, in the event a neighborhood park be developed, notification to future residents and the public by way of posting signs in outdoor open areas and recreation area will be required. No information was included in the staff report or presented during the ALUC hearing that demonstrates otherwise. 3. The ALUC staff report further states the Project is not consistent with Section 2.1.2 (Safety Compatibility Zones). The purpose of these zones is to support the continued use and operation of an airport by establishing compatibility and safety standards to promote air navigational safety and to reduce potential safety hazards for persons living, working or recreating near JWA. 15-18 Resolution No. 2020 - Page 7 of 9 The basic compatibility qualities for each of the safety zones are classified in Table 913 (Safety Compatibility Qualities) of Appendix D of the AELUP. Safety Compatibility Zone 3 limits residential development and nonresidential development that has moderate to high usage intensities. The PCDP is consistent with the requirement as Section II(B) explicitly prohibits residential dwelling units within Safety Compatibility Zone 3. Further, the permitted nonresidential uses include lower intensity retail and offices uses, as well as, uses that are currently allowed in the OA (Office -Airport) zone. The remainder of the site is within Safety Compatibility Zone 6, which according to the AELUP has generally low likelihood of accident occurrence. Basic compatibility qualities include residential uses and most nonresidential uses, excluding very high intensity uses, such as outdoor stadiums. In accordance with the AELUP, the PCDP permits residential uses within the zone, as well as a variety of low -intensity nonresidential uses. The ALUC staff report does not provide evidence that the Project would be inconsistent with the allowed uses of each of the AELUP safety zones. Instead, the staff report notes that allowing residential uses would not be prudent due to overflight. Notwithstanding this, the FAA prepared an aeronautical study to consider the Project with a maximum height of 80 feet AGL and 124 feet AMSL, which resulted in the FAA issuing a Determination of No Hazard to Air Navigation. 4. The ALUC staff report further states the Project is not consistent with Section 2.1.3 (Building Height Restrictions) which states that the results of an aeronautical study conducted by the FAA will be utilized to help determine if a structure will have an adverse effect on the airport or aeronautical operations. The FAA conducted an aeronautical study for the Project consistent with FAA Part 77 Regulations. The FAA issued a Determination of No Hazard to Air Navigation on April 28, 2020; thereby finding the structure does not exceed obstruction standards and would not be a hazard to air navigation. The FAA reviewed the following heights: 44 feet SE; 80 feet AGL; and 124 feet AMSL. The FAA further found that marking and lighting of the Project are not necessary for aviation safety since the building height does not exceed 80 feet. In the event an increase in height is proposed above the 80 -foot height limit, a revised Determination of No Hazard to Air Navigation from the FAA is required. 15-19 Resolution No. 2020 - Page 8 of 9 Section 3: This Resolution is not subject to 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. 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 development of the Property or commit the City to approve the Project. Potential project impacts will be analyzed when the City Council considered the Project. 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 any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. 15-20 Resolution No_ 2020 - Page 9 of 9 Section 6: 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 28th day of July, 2020. Will O'Neill Mayor ATTEST: Leilani 1. Brown City Clerk APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE 4i"a0 C. arp Cit ttorney Attachment: Exhibit A —Legal Description 15-21 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY ADDRESS APN LEGAL DESCRIPTION 4361 Birch Street, 427-121-23 THE LAND REFERRED TO HEREIN BELOW IS SITUATED NEWPORT Newport Beach CA BEACH IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: LOTS 7, 8, 9 AND 10 OF TRACT NO. 5169, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED 1N BOOK 190, PAGES 11, 12 AND 13 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. SAID LAND IS ALSO SHOWN AS PARCEL I ON LOT LINE ADJUSTMENT 93-5, RECORDED DECEMBER 8, 1993 AS INSTRUMENT NO. 93-0854901, OFFICIAL RECORDS. EXCEPTING THEREFROM ANY AND ALL OIL, OIL RIGHTS, MINERALS, MINERAL RIGHTS, NATURAL GAS RIGHTS AND OTHER HYDROCARBONS BY WHATSOEVER NAME KNOWN, GEOTHERMAL STEAM, AND OTHER MATERIAL RESOURCES AND ALL PRODUCTS DERIVED FROM ANY OF THE FOREGOING, THAT MAY BE WITHIN OR UNDER THE LAND, TOGETHER WITH THE PERPETUAL RIGHT OF DRILLING, MINING, EXPLORING AND OPERATING THEREFOR AND STORING IN AND REMOVING THE SAME FROM THE LAND OR ANY OTHER LAND, INCLUDING THE RIGHT TO WHIPSTOCK OR DIRECTIONALLY DRILL AND MINE FROM LANDS OTHER THAN THOSE CONVEYED HEREBY, OIL OR GAS WELLS, TUNNELS AND SHAFTS INTO, THROUGH OR ACROSS THE SUBSURFACE OF THE LAND, AND TO BOTTOM SUCH WHIPSTOCKED OR DIRECTIONALLY DRILLED WELLS, TUNNELS AND SHAFTS UNDER AND BENEATH OR BEYOND THE EXTERIOR LIMITS THEREOF, AND TO REDRILL, RETUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN AND OPERATE ANY SUCH WELLS OR MINES; WITHOUT, HOWEVER, THE RIGHT TO DRILL, MINE, STORE, EXPLORE AND OPERATE THROUGH THE SURFACE OR THE UPPER 500 FEET OF THE SUBSURFACE OF THE LAND, AS RESERVED 1N THE GRANT DEED RECORDED APRIL 9, 1993 AS INSTRUMENT NO. 93-0237996 OF OFFICIAL RECORDS. ALSO EXCEPTING THEREFROM ANY AND ALL WATER, RIGHTS OR INTERESTS THEREIN, NO MATTER HOW ACQUIRED BY GRANTOR, AND OWNED OR USED BY GRANTOR IN CONNECTION WITH OR WITH RESPECT TO THE LAND, TOGETHER WITH THE RIGHT AND POWER TO EXPLORE, DRILL, REDRILL, REMOVE AND STORE THE SAME FROM THE LAND OR TO DIVERT OR OTHERWISE UTILIZE SUCH WATER, RIGHTS OR INTERESTS ON ANY OTHER PROPERTY OWNED OR LEASED BY GRANTOR, WHETHER SUCH WATER RIGHTS SHALL BE RIPARIAN, OVERLYING APPROPRIATIVE, LITTORAL, PERCOLATING, PRESCRIPTIVE, ADJUDICATED, STATUTORY OR CONTRACTUAL; BUT WITHOUT, HOWEVER, ANY 1-1-2 15-22 ADDRESS APN LEGAL DESCRIPTION RIGHT TO ENTER UPON THE SURFACE OF THE LAND IN THE EXERCISE OF SUCH RIGHTS, AS RESERVED IN THE GRANT DEED RECORDED APRIL 9, 1993 AS INSTRUMENT NO. 93-0237996, OFFICIAL RECORDS. 4540 Campus Drive 427-111-03 THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE Newport Beach, CA CITY OF NEWPORT BEACH IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: PARCEL 1: LOT 18 OF TRACT NO. 5169, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 190, PAGES I1 THROUGH 13, INCLUSIVE OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT ANY AND ALL OIL, OIL RIGHTS, MINERALS, MINERAL RIGHTS, NATURAL GAS RIGHTS, AND OTHER HYDROCARBONS BY WHATSOEVER NAME KNOWN, GEOTHERMAL STEAM, AND ALL PRODUCTS DERIVED FROM ANY OF THE FOREGOING, THAT MAY BE WITHIN OR UNDER THE LAND, TOGETHER WITH THE PERPETUAL RIGHT OF DRILLING, MINING, EXPLORING AND OPERATING THEREFOR AND STORING IN AND REMOVING THE SAME FROM THE LAND OR ANY OTHER LAND, INCLUDING THE RIGHT TO WHIPSTOCK OR DIRECTIONALLY DRILL AND MINE FROM LANDS OTHER THAN THOSE CONVEYED HEREBY, OIL OR GAS WELLS, TUNNELS AND SHAFTS INTO, THROUGH OR ACROSS THE SUBSURFACE OF THE LAND, AND TO BOTTOM SUCH WHIPSTOCKED OR DIRECTIONALLY DRILLED WELLS, TUNNELS AND SHAFTS UNDER AND BENEATH OR BEYOND THE EXTERIOR LIMITS THEREOF, AND TO REDRILL, RETUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN AND OPERATE ANY SUCH WELLS OR MINES; WITHOUT, HOWEVER, THE RIGHT TO DRILL, MINE, STORE, EXPLORE AND OPERATE THROUGH THE SURFACE OR THE UPPER 500 FEET OF THE SUBSURFACE OF THE LAND, AS RESERVED IN THE DEED FROM THE IRVINE COMPANY, A MICHIGAN CORPORATION, RECORDED JUNE 30, 1992 AS INSTRUMENT NO. 92- 440215 OF OFFICIAL RECORDS. ALSO EXCEPTING THEREFROM ANY AND ALL WATER, RIGHTS OR INTERESTS THEREIN, NO MATTER HOW ACQUIRED BY GRANTOR, AND OWNED OR USED BY GRANTOR IN CONNECTION WITH OR WITH RESPECT TO THE LAND, TOGETHER WITH THE RIGHT AND POWER TO EXPLORE, DRILL, REDRILL, REMOVE, AND STORE THE SAME FROM THE LAND OR TO DIVERT OR OTHERWISE UTILIZE SUCH WATER RIGHTS OR INTERESTS ON ANY OTHER PROPERTY OWNED OR LEASED BY GRANTOR, WHETHER SUCH WATER RIGHTS SHALL BE RIPARIAN, OVERLYING, APPROPRIATIVE, LITTORAL, PERCOLATING, PRESCRIPTIVE, ADJUDICATED, STATUTORY OR CONTRACTUAL; BUT WITHOUT, HOWEVER, ANY RIGHT TO ENTER UPON THE SURFACE OF THE LAND IN THE EXERCISE OF SUCH RIGHTS, AS RESERVED IN THE DEED FROM THE IRVINE COMPANY, A MICHIGAN CORPORATION, RECORDED 1-1-9 15-23 ADDRESS APN LEGAL DESCRIPTION JUNE 30, 1992 AS INSTRUMENT NO. 92-440215 OF OFFICIAL RECORDS. PARCEL 2: AN EASEMENT FOR DRIVEWAY PURPOSES OVER THE WESTERLY 12 FEET OF THE NORTHERLY 60 FEET OF LOT 17 OF TRACT NO. 5169, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 190, PAGES 11 THROUGH 13, INCLUSIVE OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, AS SET FORTH IN THAT CERTAIN DECLARATION OF ACCESS EASEMENT, RECORDED JUNE 30, 1992 AS INSTRUMENT NO. 92-440213 OF OFFICIAL RECORDS, UPON THE TERMS AND CONDITIONS AS THEREIN PROVIDED 4340 Campus Drive 427-121-07 THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE Newport Beach, CA CITY OF NEWPORT BEACH IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: LOT 29 OF TRACT NO. 3201, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 130, PAGES 25 TO 30 INCLUSIVE OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPTING THEREFROM ANY AND ALL OIL, OIL RIGHTS, MINERALS, MINERAL RIGHTS, NATURAL GAS RIGHTS, AND OTHER HYDROCARBONS BY WHATSOEVER NAME KNOWN, GEOTHERMAL STEAM, ANY OTHER MATERIAL RESOURCES AND ALL PRODUCTS DERIVED FROM ANY OF THE FOREGOING, THAT MAY BE WITHIN OR UNDER THE LAND, TOGETHER WITH THE PERPETUAL RIGHT OF DRILLING, MINING, EXPLORING AND OPERATING THEREFOR AND STORING IN AND REMOVING THE SAME FROM THE LAND OR ANY OTHER LAND, INCLUDING THE RIGHT TO WHIPSTOCK OR DIRECTIONALLY DRILL AND MINE FROM LANDS OTHER THAN THOSE CONVEYED HEREBY, OIL OR GAS WELLS, TUNNELS AND SHAFTS INTO, THROUGH OR ACROSS THE SUBSURFACE OF THE LAND, AND TO BOTTOM SUCH WHIPSTOCKED OR DIRECTIONALLY DRILLED WELLS, TUNNELS AND SHAFTS UNDER AND BENEATH OR BEYOND THE EXTERIOR LIMITS THEREOF, AND TO REDRILL, RETUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN AND OPERATE ANY SUCH WELLS OR MINES; WITHOUT, HOWEVER, THE RIGHT TO DRILL, MINE, STORE, EXPLORE AND OPERATE THROUGH THE SURFACE OR THE UPPER 500 FEET OF THE SUBSURFACE OF THE LAND, AS RESERVED BY THE IRVINE COMPANY IN DEED RECORDED FEBRUARY 4, 1994 AS INSTRUMENT NO. 94-0085581 OF OFFICIAL RECORDS. ALSO EXCEPTING THEREFROM ANY AND ALL WATER, RIGHTS OR INTERESTS THEREIN, NO MATTER HOW ACQUIRED BY GRANTOR, AND OWNED OR USED BY GRANTOR IN CONNECTION WITH OR WITH RESPECT TO THE LAND, TOGETHER WITH THE RIGHT AND POWER TO EXPLORE, DRILL RE -DRILL, REMOVE AND STORE THE 1-20 15-24 ADDRESS APN LEGAL DESCRIPTION SAME FROM THE LAND OR TO DIVERT OR OTHERWISE UTILIZE SUCH WATER, RIGHTS OR INTERESTS ON ANY OTHER PROPERTY OWNED OR LEASED BY GRANTOR, WHETHER SUCH WATER RIGHTS SHALL BE RIPARIAN, OVERLYING, APPROPRIATIVE, LITTORAL, PERCOLATING, PRESCRIPTIVE, ADJUDICATED, STATUTORY OR CONTRACTUAL; BUT WITHOUT, HOWEVER, ANY RIGHT TO ENTER UPON THE SURFACE OF THE LAND IN THE EXERCISE OF SUCH RIGHTS AS RESERVED IN THE DEED RECORDED FEBRUARY 4, 1994 AS INSTRUMENT NO. 94-0085581 OF OFFICIAL RECORDS 4400 Campus Drive 427-121-09 THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE Newport Beach, CA CITY OF NEWPORT BEACH IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: LOT 31 OF TRACT NO. 3201, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 130, PAGE(S) 25 THROUGH 30, INCLUSIVE OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPTING THEREFROM ANY AND ALL OIL, OIL RIGHTS, MINERALS, MINERAL RIGHTS, NATURAL GAS RIGHTS, AND OTHER HYDROCARBONS BY WHATSOEVER NAME KNOWN, GEOTHERMAL STEAM, ANY OTHER MATERIAL RESOURCES AND ALL PRODUCTS DERIVED FROM ANY OF THE FOREGOING, THAT MAY BE WITHIN OR UNDER THE LAND, TOGETHER WITH THE PERPETUAL RIGHT OF DRILLING, MINING, EXPLORING AND OPERATING THEREFOR AND STORING IN AND REMOVING THE SAME FROM THE LAND OR ANY OTHER LAND, INCLUDING THE RIGHT TO WHIPSTOCK OR DIRECTIONALLY DRILL AND MINE FROM LANDS OTHER THAN THOSE CONVEYED HEREBY, OIL OR GAS WELLS, TUNNELS AND SHAFTS INTO, THROUGH OR ACROSS THE SUBSURFACE OF THE LAND, AND TO BOTTOM SUCH WHIPSTOCKED OR DIRECTIONALLY DRILLED WELLS, TUNNELS AND SHAFTS UNDER AND BENEATH OR BEYOND THE EXTERIOR LIMITS THEREOF, AND TO REDRILL, RETUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN AND OPERATE ANY SUCH WELLS OR MINES; WITHOUT, HOWEVER, THE RIGHT TO DRILL, MINE, STORE, EXPLORE AND OPERATE THROUGH THE SURFACE OR THE UPPER 500 FEET OF THE SUBSURFACE OF THE LAND, AS RESERVED BY THE IRVINE COMPANY IN DEED RECORDED DECEMBER 20, 1991 AS INSTRUMENT NO. 91-702340, OF OFFICIAL RECORDS. ALSO EXCEPTING THEREFROM ANY AND ALL WATER, RIGHTS OR INTERESTS THEREIN, NO MATTER HOW ACQUIRED BY GRANTOR, AND OWNED OR USED BY GRANTOR IN CONNECTION WITH OR WITH RESPECT TO THE LAND, TOGETHER WITH THE RIGHT AND POWER TO EXPLORE, DRILL, REDRILL, REMOVE AND STORE THE SAME FROM THE LAND OR TO DIVERT OR OTHERWISE UTILIZE SUCH WATER, RIGHTS OR INTERESTS ON ANY OTHER PROPERTY OWNED OR LEASED BY GRANTOR, WHETHER SUCH WATER RIGHTS SHALL BE RIPARIAN, OVERLYING, APPROPRIATIVE, LITTORAL, PERCOLATING PRESCRIPTIVE ADJUDICATED 1-21 15-25 ADDRESS APN LEGAL DESCRIPTION STATUTORY OR CONTRACTUAL; BUT WITHOUT, HOWEVER, ANY RIGHT TO ENTER UPON THE SURFACE OF THE LAND IN THE EXERCISE OF SUCH RIGHTS AS RESERVED IN THE DEED RECORDED DECEMBER 20, 1991 AS INSTRUMENT NO. 91-702340, OF OFFICIAL RECORDS 4570 Campus Drive 427-111-04 THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE Newport Beach, CA CITY OF NEWPORT BEACH IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: PARCEL 1: LOT 17 OF TRACT NO. 5169, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED 1N BOOK 190, PAGES 11 THROUGH 13, INCLUSIVE OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAND COUNTY. EXCEPTING THEREFROM ALL MINERALS, OIL, GAS, PETROLEUM, OTHER HYDROCARBON SUBSTANCES AND ALL UNDERGROUND WATER IN OR UNDER OR WHICH MAY BE PRODUCED FROM SAID LAND WHICH UNDERLIES A PLANE PARALLEL TO AND 500 FEET FROM THE PRESENT SURFACE OF SAID LAND FOR THE PURPOSE OF PROSPECTING FOR, THE EXPLORATION, DEVELOPMENT, PRODUCTION, EXTRACTION AND TAKING OF SAID MINERALS, OIL, GAS, PETROLEUM, OTHER HYDROCARBON SUBSTANCES AND WATER FROM SAID LAND BY MEANS OF MINES, WELLS, DERRICKS, OTHER EQUIPMENT FROM SURFACE LOCATIONS ON ADJOINING OR NEIGHBORING LAND OR LYING OUTSIDE OF THE ABOVE DESCRIBED LAND, IT BEING UNDERSTOOD THAT THE OWNER OF SUCH MINERALS, OIL GAS, PETROLEUM, OTHER HYDROCARBON SUBSTANCES AND WATER AS SET FORTH ABOVE, SHALL HAVE NO RIGHT TO ENTER UPON THE SAID LAND OR ANY PORTION THEREOF ABOVE SAID PLANE PARALLEL TO AND 500 FEET BELOW THE PRESENT SURFACE OF TI EE SAID LAND FOR ANY PURPOSE WHATSOEVER. AS RESERVED BY THE IRVINE COMPANY, A MICHIGAN CORPORATION IN THE DEED RECORDED FEBRUARY 19, 1993 AS INSTRUMENT NO. 93-107963 OF OFFICIAL RECORDS. PARCEL 2: NON-EXCLUSIVE EASEMENTS AS SET FORTH IN THAT CERTAIN INSTRUMENT ENTITLED "DECLARATION OF ACCESS EASEMENTS (MACARTHURICAMPUS)" DATED JANUARY 30, 1992 AND RECORDED FEBRUARY 20, 1992 AS INSTRUMENT NO. 92-101692 AS AMENDED AND RESTATED IN AN INSTRUMENT RECORDED APRIL 16, 1992 AS INSTRUMENT NO. 92-247260, BOTH OF OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA. PARCEL 3: NON-EXCLUSIVE EASEMENTS AS SET FORTH IN THAT CERTAIN 1-22 15-26 ADDRESS APN LEGAL DESCRIPTION INSTRUMENT ENTITLED "DECLARATION OF ACCESS EASEMENT. DATED JUNE 17, 1992, AND RECORDED JUNE 30, 1992 AS INSTRUMENT NO. 92- 440213 OF OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA. 4341 Birch Street 427-121-14 THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE Newport Beach CA CITY OF NEWPORT BEACH IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: LOT 6 OF TRACT NO. 5169, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 190, PAGES 11, 12 AND 13 OF MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY. EXCEPT ANY AND ALL OIL, OIL RIGHTS, MINERALS, MINERAL RIGHTS, NATURAL GAS RIGHTS AND OTHER HYDROCARBONS BY WHATSOEVER NAME KNOWN, GEOTHERMAL STEAM, AND ALL PRODUCTS DERIVED FROM ANY OF THE FOREGOING, THAT MAY BE WITHIN OR UNDER THE LAND, TOGETHER WITH THE PERPETUAL RIGHT OF DRILLING, MINING, EXPLORING AND OPERATING THEREFOR AND STORING IN AND REMOVING THE SAME FROM THE LAND OR ANY OTHER LAND, INCLUDING THE RIGHT TO WHIPSTOCK OR DIRECTIONALLY DRILL AND MINE FROM LANDS OTHER THAN THOSE CONVEYED HEREBY, OIL OR GAS WELLS, TUNNELS AND SHAFTS INTO, THROUGH OR ACROSS THE SUBSURFACE OF THE LAND, AND TO BOTTOM SUCH WHIPSTOCKED OR DIRECTIONALLY DRILLED WELLS, TUNNELS AND SHAFTS UNDER AND BENEATH OR BEYOND THE EXTERIOR LIMITS THEREOF, AND TO REDRILL, RETUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN AND OPERATE ANY SUCH WELLS OR MINES; WITHOUT. HOWEVER, THE RIGHT TO DRILL, MINE, STORE, EXPLORE AND OPERATE THROUGH THE SURFACE OR THE UPPER 500 FEET OF THE SUBSURFACE OF THE LAND, AS RESERVED IN THE DEED FROM THE IRVINE COMPANY, A MICHIGAN CORPORATION, RECORDED DECEMBER 31, 1991 AS INSTRUMENT NO. 91-720058 OF OFFICIAL RECORDS. ALSO EXCEPT ANY AND ALL WATER, RIGHTS OR INTERESTS THEREIN, NO MATTER HOW ACQUIRED BY GRANTOR, AND OWNED OR USED BY GRANTOR IN CONNECTION WITH OR WITH RESPECT TO THE LAND, TOGETHER WITH THE RIGHT AND POWER TO EXPLORE, DRILL, REDRILL, REMOVE AND STORE THE SAME FROM THE LAND OR TO DIVERT OR OTHERWISE UTILIZE SUCH WATER, RIGH'T'S OR INTERESTS ON ANY OTHER PROPERTY OWNED OR LEASED BY GRANTOR, WHETHER SUCH WATER RIGHTS SHALL BE RIPARIAN, OVERLYING, APPROPRIATIVE, LITTORAL, PERCOLATING, PRESCRIPTIVE, ADJUDICATED, STATUTORY OR CONTRACTUAL; BUT WITHOUT, HOWEVER, ANY RIGHT TO ENTER UPON THE SURFACE OF THE LAND IN THE EXERCISE OF SUCH RIGHTS, AS RESERVED IN THE DEED FROM THE IRVINE COMPANY, A MICHIGAN CORPORATION, RECORDED DECEMBER 31, 1991 AS INSTRUMENT NO. 91-720058 OF OFFICIAL RECORDS. APN. 427-121-14 i 15-27 ADDRESS APN LEGAL DESCRIPTION 4500 and 4520 427-111-01, THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE Campus Drive 427-111-02 CITY OF NEWPORT BEACH IN THE COUNTY OF ORANGE, STATE Newport Beach, CA and OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: 427-121-10 PARCEL 1 IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 60, PAGE 22 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. 4600 Campus Drive 427-111-05 THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE Newport Beach, CA CITY OF NEWPORT BEACH IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: PARCEL 1: LOT 16 OF TRACT NO. 5169, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 190, PAGES I TO 13 INCLUSIVE OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPTING THEREFROM, ANY AND ALL OIL, OIL RIGHTS, MINERALS, MINERAL RIGHTS, NATURAL GAS RIGHTS AND OTHER HYDROCARBONS BY WHATSOEVER NAME KNOWN, GEOTHERMAL STEAM AND OTHER MATERIAL RESOURCES AND ALL PRODUCTS DERIVED FROM ANY OF THE FOREGOING, THAT MAY BE WITHIN OR UNDER THE LAND, TOGETHER WITH THE PERPETUAL RIGHT OF DRILLING, MINING, EXPLORING AND OPERATING THEREFOR AND STORING IN AND REMOVING THE SAME FROM THE LAND OR ANY OTHER LAND, INCLUDING THE RIGHT TO WHIPSTOCK OR DIRECTIONALLY DRILL AND MINE FROM LANDS OTHER THAN THOSE CONVEYED HEREBY, OIL OR GAS WELLS, TUNNELS AND SHAFTS INTO, THROUGH OR ACROSS THE SUBSURFACE OF THE LAND, AND TO BOTTOM SUCH WHIPSTOCKED OR DIRECTIONALLY DRILLED WELLS, TUNNELS ARID SHAFTS UNDER AND BENEATH OR BEYOND THE EXTERIOR LIMITS THEREOF AND TO REDRILL, RETUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN AND OPERATE ANY SUCH WELLS OR MINES; WITHOUT, HOWEVER, THE RIGHT TO DRILL, MINE, STORE, EXPLORE AND OPERATE THROUGH THE SURFACE ON THE UPPER 500 FEET OF THE SUBSURFACE OF THE LAND, AS RESERVED IN THE DEED BY THE IRVINE COMPANY, RECORDED FEBRUARY 19, 1993 AS INSTRUMENT NO. 93-107971, OF OFFICIAL RECORDS. ALSO EXCEPTING THEREFROM ANY AND ALL WATER, RIGHTS OR INTERESTS THEREIN, NO MATTER HOW ACQUIRED BY GRANTOR AND OWNED OR USED BY GRANTOR IN CONNECTION WITH OR WITH RESPECT TO THE LAND TOGETHER WITH THE RIGHT AND POWER TO EXPLORE, DRILL, REDRILL, REMOVE AND STORE THE SAME FROM THE LAND OR TO DIVERT OR OTHERWISE UTILIZE SUCH WATER, RIGHTS OR INTERESTS ON ANY OTHER PROPERTY OWNED OR LEASED BY GRANTOR WHETHER SUCH WATER RIGHTS SHALL BE RIPARIAN, OVERLYING, APPROPRIATIVE, LITTORAL, PERCOLATING, PRESCRIPTIVE, ADJUDICATED, 1-2 15-28 ADDRESS APN LEGAL DESCRIPTION STATUTORY OR CONTRACTUAL; BUT WITHOUT, HOWEVER, ANY RIGHT TO ENTER UPON THE SURFACE OF THE LAND IN THE EXERCISE OF SUCH RIGHTS, AS RESERVED IN THE DEED BY THE IRVINE COMPANY, RECORDED FEBRUARY 19, 1993 AS INSTRUMENT NO. 93-107971, OFFICIAL RECORDS. PARCEL 2: NONEXCLUSIVE EASEMENTS AS SET FORTH IN THAT CERTAIN INSTRUMENT ENTITLED "AMENDED AND RESTATED OR ACCESS EASEMENTS (MACARTHURICAMPUS)", DATED MARCH 25, 1992, RECORDED APRIL 16, 1992 AS INSTRUMENT NO. 92-247260, IN THE OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA. 4360 Campus Drive 427-121-08 THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE Newport Beach, CA CITY OF NEWPORT BEACH IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: LOT 30 OF TRACT NO. 3201, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 130, PAGES 25, 26, 27, 28, 29 AND 30 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY CALIFORNIA. EXCEPT ANY AND ALL OIL, OIL RIGHTS, MINERALS, MINERAL RIGHTS, NATURAL GAS RIGHTS, AND OTHER HYDROCARBONS BY WHATSOEVER NAME KNOWN, GEOTHERMAL STEAM, AND ALL PRODUCTS DERIVED FROM ANY OF THE FOREGOING, THAT MAY BE WITHIN OR UNDER THE LAND, TOGETHER WITH THE PERPETUAL RIGHT OF DRILLING, MINING, EXPLORING AND OPERATING THEREFOR AND STORING IN AND REMOVING THE SAME FROM THE LAND OR ANY OTHER LAND, INCLUDING THE RIGHT TO WHIPSTOCK OR DIRECTIONALLY DRILL AND MINE FROM LANDS OTHER THAN THOSE CONVEYED HEREBY, OIL OR GAS WELLS, TUNNELS AND SHAFTS INTO, THROUGH OR ACROSS THE SUBSURFACE OF THE LAND, AND TO BOTTOM SUCH WHIPSTOCKED OR DIRECTIONALLY DRILLED WELLS, TUNNELS AND SHAFTS UNDER AND BENEATH OR BEYOND THE EXTERIOR LIMITS THEREOF, AND TO REDRILL, RETUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN AND OPERATE ANY SUCH WELLS OR MINES; WITHOUT, HOWEVER, THE RIGHT TO DRILL, MINE, STORE, EXPLORE AND OPERATE THROUGH THE SURFACE OR THE UPPER 500 FEET OF THE SUBSURFACE OF THE LAND, AS RESERVED IN THE DEED FROM THE IRVINE COMPANY, A MICHIGAN CORPORATION, RECORDED MARCH 15, 1994 AS INSTRUMENT NO. 94-0179376, OFFICIAL RECORDS. ALSO EXCEPT ANY AND ALL WATER, RIGHTS OR INTERESTS THEREIN, NO MATTER HOW ACQUIRED BY GRANTOR, AND OWNED OR USED BY GRANTOR IN CONNECTION WITH OR WITH RESPECT TO THE LAND, TOGETHER WITH THE RIGHT AND POWER TO EXPLORE, DRILL, REDRILL, REMOVE AND STORE THE SAME FROM THE LAND OR TO DIVERT OR OTHERWISE UTILIZE SUCH WATER RIGHTS OR INTERESTS ON ANY OTHER PROPERTY i2'5 15-29 ADDRESS APN LEGAL DESCRIPTION OWNED OR LEASED BY GRANTOR, WHETHER SUCH WATER RIGHTS SHALL BE RIPARIAN, OVERLYING, APPROPRIATIVE, LITTORAL, PERCOLATING, PRESCRIPTIVE, ADJUDICATED, STATUTORY OR CONTRACTUAL; BUT WITHOUT, HOWEVER, ANY RIGHT TO ENTER UPON THE SURFACE OF THE LAND IN THE EXERCISE OF SUCH RIGHTS, A5 RESERVED IN THE DEED FROM THE IRVINE COMPANY, A MICHIGAN CORPORATION, RECORDED MARCH 15, 1994 AS INSTRUMENT NO. 94-0179376, OFFICIAL RECORDS. 4501 Birch Street 427-111-10 THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE Newport Beach, CA CITY OF NEWPORT BEACH IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: PARCEL I: LOT 12 OF TRACT NO. 5169, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 190. PAGES i I TO 13 INCLUSIVE OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT ANY AND ALL OIL, OIL RIGHTS, MINERALS, MINERAL RIGHTS, NATURAL GAS RIGHTS, AND OTHER HYDROCARBONS BY WHATSOEVER NAME KNOWN, GEOTHERMAL STEAM, AND ALL PRODUCTS DERIVED FROM ANY OF THE FOREGOING, THAT MAY BE WITHIN OR UNDER THE LAND, TOGETHER WITH THE PERPETUAL RIGHT OF DRILLING, MINING, EXPLORING AND OPERATING THEREFOR AND STORING IN AND REMOVING THE SAME FROM THE LAND OR ANY OTHER LAND, INCLUDING THE RIGHT TO WHIPSTOCK OR DIRECTIONALLY DRILL AND MINE FROM LANDS OTHER THAN THOSE CONVEYED HEREBY, OIL OR GAS WELLS, TUNNELS AND SHAFTS INTO, THROUGH OR. ACROSS THE SUBSURFACE OF THE LAND, AND TO BOTTOM SUCH WHIPSTOCKED OR DIRECTIONALLY DRILLED WELLS, TUNNELS AND SHAFTS UNDER AND BENEATH OR BEYOND THE EXTERIOR LIMITS THEREOF, AND TO REDRILL, RETUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN AND OPERATE ANY SUCH WELLS OR MINES; WITHOUT, HOWEVER, THE RIGHT TO DRILL, MINE, STORE, EXPLORE AND OPERATE THROUGH THE SURFACE OR THE UPPER 500 FEET OF THE SUBSURFACE OF THE LAND, AS RESERVED IN THE DEED FROM THE IRVINE COMPANY, A MICHIGAN CORPORATION, RECORDED JANUARY 10, 1992 AS INSTRUMENT NO. 92-015047, OFFICIAL RECORDS. ALSO EXCEPT ANY AND ALL WATER, RIGHTS OR INTERESTS THEREIN, NO MATTER HOW ACQUIRED BY GRANTOR, AND OWNED OR USED BY GRANTOR IN CONNECTION WITH OR WITH RESPECT TO THE LAND, TOGETHER WITH THE RIGHT AND POWER TO EXPLORE, DRILL, REDRILL, REMOVE AND STORE THE SAME FROM THE LAND OR TO DIVERT OR OTHERWISE UTILIZE SUCH WATER, RIGHTS OR INTERESTS ON ANY OTHER PROPERTY OWNED OR LEASED BY GRANTOR, WHETHER SUCH WATER RIGHTS SHALL BE RIPARIAN, OVERLYING, APPROPRIATIVE, 12� 15-30 ADDRESS APN LEGAL DESCRIPTION LITTORAL, PERCOLATING, PRESCRIPTIVE, ADJUDICATED, STATUTORY OR CONTRACTUAL; BUT WITHOUT, HOWEVER, ANY RIGHT TO ENTER UPON THE SURFACE OF THE LAND IN THE EXERCISE OF SUCH RIGHTS, A5 RESERVED IN THE DEED FROM THE IRVINE COMPANY, A MICHIGAN CORPORATION, RECORDED JANUARY 10, 1992 AS INSTRUMENT NO. 92-015047, OFFICIAL RECORDS. PARCEL 2: A NON-EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS OVER THAT PORTION OF LOT 13 OF TRACT NO. 5169, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 190, PAGES 11 TO 13 INCLUSIVE OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHERLY CORNER OF SAID LOT; THENCE NORTH 290 52' 01" WEST 327.33 FEET TO THE MOST WESTERLY CORNER OF SAID LOT; THENCE NORTH 52° 01' 58" EAST 24.24 FEET ALONG THE NORTHWESTERLY LINE OF SAID LOT TO THE NORTHWESTERLY PROLONGATION OF A LINE PARALLEL WITH AND NORTHEASTERLY 24.00 FEET FROM THE SOUTHWESTERLY LINE OF SAID LOT; THENCE SOUTH 291 52' 10" EAST 331.81 FEET ALONG SAID PROLONGATION, SAID PARALLEL LINE AND THE SOUTHERLY PROLONGATION THEREOF TO A POINT ON A CURVE IN THE SOUTHERLY LINE OF SAID LOT, SAID CURVE BEING CONCAVE SOUTHERLY, HAVING A RADIUS OF 272.04 FEET, A RADIAL TO SAID POINT BEARS NORTH 24° 48' 17" WEST; THENCE WESTERLY 24.03 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 50 03' 44" OF THE POINT OF BEGINNING. 4630 Campus Drive 427-111-06 THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE Newport Beach, CA CITY OF NEWPORT BEACH IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: PARCEL 1: LOT 15 OF TRACT NO. 5169, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 190, PAGES 11 TO 13 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPTING THEREFROM, ANY AND ALL OIL, OIL RIGHTS, MINERALS, MINERAL RIGHTS, NATURAL GAS RIGHTS AND OTHER HYDROCARBONS BY WHATSOEVER NAME KNOWN GEOTHERMAL STEAM, ANY OTHER MATERIAL RESOURCES AND ALL PRODUCTS DERIVED FROM ANY OF THE FOREGOING, THAT MAY BE WITHIN OR UNDER THE LAND, TOGETHER WITH THE PERPETUAL RIGHT OF DRILLING, MINING, EXPLORING AND OPERATING THEREFOR AND STORING IN AND REMOVING THE SAME FROM THE LAND OR ANY OTHER LAND INCLUDING THE 1-27 15-31 ADDRESS APN LEGAL DESCRIPTION RIGHT TO WHIPSTOCK OR DIRECTIONALLY DRILL AND MINE FROM LANDS OTHER THAN THOSE CONVEYED HEREBY, OIL OR GAS WELLS, TUNNELS AND SHAFTS INTO THROUGH OR ACROSS THE SUBSURFACE OF THE LAND, AND TO BOTTOM SUCH WHIPSTOCKED OR DIRECTIONALLY DRILLED WELLS, TUNNELS AND SHAFTS UNDER AND BENEATH OR BEYOND THE EXTERIOR LIMITS THEREOF, AND TO REDRILL, RETUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN AND OPERATE ANY SUCH WELLS OR MINES; WITHOUT HOWEVER, THE RIGHT TO DRILL MINE, STORE, EXPLORE AND OPERATE THROUGH THE SURFACE OF THE UPPER 500 FEET OF THE SUBSURFACE OF THE LAND, AS RESERVED IN THE DEED BY THE IRVINE COMPANY RECORDED FEBRUARY 19, 1993 AS INSTRUMENT NO. 93-107967, OFFICIAL RECORDS. PARCEL 2: NONEXCLUSIVE EASEMENTS AS SET FORTH IN THAT CERTAIN INSTRUMENT ENTITLED "AM ENDED AND RESTATED DECLARATION OF ACCESS EASEMENTS (MACARTHURICAMPUS) DATED MARCH 25, 1992 RECORDED APRIL 16, 1992 AS INSTRUMENT NO. 92-247260, IN THE OFFICE RECORDS OF ORANGE COUNTY, CALIFORNIA. PARCEL 3: NONEXCLUSIVE EASEMENTS AS SET FORTH IN THAT CERTAIN INSTRUMENT ENTITLED " RECIPROCAL EASEMENT AGREEMENT AND CONSENT" DATED OCTOBER 14, 1999 RECORDED NOVEMBER 19, 1999 AS INSTRUMENT NO. 19990805278, AND AMENDED BY THE CERTAIN DOCUMENT ENTITLED "WAIVER AND AMENDMENT TO RECIPROCAL EASEMENT AGREEMENT" DATED AUGUST 24, 2015 RECORDED AUGUST 28, 2015 AS INSTRUMENT NO. 2015000446662 IN THE OFFICE RECORDS OF ORANGE COUNTY, CALIFORNIA. 4525, 4533 and 427-111-09 THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE 4647 MacArthur CITY OF NEWPORT BEACH IN THE COUNTY OF ORANGE, STATE Boulevard OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: Newport Beach, CA PARCEL 1: LOT 13 OF TRACT NO. 5169, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 190, PAGE(S) 11 TO 13 INCLUSIVE, OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPTING ANY AND ALL OIL, OIL RIGHTS, MINERALS, MINERAL RIGHTS, NATURAL GAS RIGHTS, AND OTHER HYDROCARBONS BY WHATSOEVER NAME KNOWN, GEOTHERMAL STEAM, AND ALL PRODUCTS DERIVED FROM ANY OF THE FOREGOING, THAT MAY BE WITHIN OR UNDER THE LAND, TOGETHER WITH THE PERPETUAL RIGHT OF DRILLING, MINING, EXPLORING AND OPERATING THEREFORE AND STORING IN AND REMOVING THE SAME FROM THE LAND OR ANY OTHER LAND, INCLUDING THE 1-22 15-32 ADDRESS APN LEGAL DESCRIPTION RIGHT TO WHIPSTOCK OR DIRECTIONALLY DRILL AND MINE FROM LANDS OTHER THAN THOSE CONVEYED HEREBY, OIL OR GAS WELLS, TUNNELS AND SHAFTS INTO, THROUGH OR ACROSS THE SUBSURFACE OF THE LAND, AND TO BOTTOM SUCH WHIPSTOCKED OR DIRECTIONALLY DRILLED WELLS, TUNNELS AND SHAFTS UNDER AND BENEATH OR BEYOND THE EXTERIOR LIMITS THEREOF, AND TO REDRILL, RETUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN AND OPERATE ANY SUCH WELLS OR MINES WITHOUT, HOWEVER, THE RIGHT TO DRILL, MINE, STORE, EXPLORE AND OPERATE THROUGH THE SURFACE OR THE UPPER 500 FEET OF THE SUBSURFACE OF THE LAND, AS RESERVED IN THE DEED FROM THE IRVINE COMPANY, A MICHIGAN CORPORATION RECORDED APRIL 16, 1992. ALSO EXCEPTING THEREFROM ANY AND ALL WATER, RIGHTS OR INTERESTS THEREIN, NO MATTER HOW ACQUIRED BY GRANTOR, AND OWNED OR USED BY GRANTOR IN CONNECTION WITH OR WITH RESPECT TO THE LAND, TOGETHER WITH THE RIGHT AND POWER TO EXPLORE, DRILL, REDRILL, REMOVE AND STORE THE SAME FROM THE LAND OR TO DIVERT OR OTHERWISE UTILIZE SUCH WATER RIGHTS OR INTERESTS ON ANY OTHER PROPERTY OWNED OR LEASED BY GRANTOR, WHETHER SUCH WATER RIGHTS SHALL BE RIPARIAN, OVERLYING, APPROPRIATIVE, LITTORAL, PERCOLATING, PRESCRIPTIVE, ADJUDICATED, STATUTORY OR CONTRACTUAL, BUT WITHOUT, HOWEVER, ANY RIGHT TO ENTER UPON THE SURFACE OF THE LAND IN THE EXERCISE OF SUCH RIGHTS, AS RESERVED IN DEED FROM THE IRVINE COMPANY, A MICHIGAN CORPORATION RECORDED APRIL 16, 1992. PARCEL 2: NON-EXCLUSIVE EASEMENTS AS SET FORTH IN THAT CERTAIN INSTRUMENT ENTITLED "DECLARATION OF ACCESS EASEMENTS (MACARTHURICAMPUS)" DATED JANUARY 30, 1992 AND RECORDED FEBRUARY 20, 1992 AS INSTRUMENT NO. 92-101692, OFFICIAL RECORDS AND AMENDED BY DOCUMENT RECORDED APRIL 16, 1992 AS INSTRUMENT NO. 92-247260, OFFICIAL RECORDS, IN THE OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA. PARCEL 3: NON-EXCLUSIVE EASEMENTS AS SET FORTH IN THAT CERTAIN INSTRUMENT ENTITLED "DECLARATION OF ACCESS EASEMENTS (BIRCHIMACARTHUR)" DATED JANUARY 30, 1992 AND RECORDED FEBRUARY 20, 1992 AS INSTRUMENT NO. 92-101691 OFFICIAL RECORDS AND AMENDED BY DOCUMENT RECORDED APRIL 16, 1992 AS INSTRUMENT NO. 92-247259 OFFICIAL RECORDS IN THE OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA. 4320 Campus Drive 427-121-06 THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE Newport Beach, CA CITY OF NEWPORT BEACH IN THE COUNTY OF ORANGE, STATE Zq 15-33 ADDRESS APN LEGAL DESCRIPTION OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: LOT 28 OF TRACT NO. 3201, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 130, PAGES 25 THROUGH 30, INCLUSIVE OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPTING THEREFROM ANY AND ALL OIL, OIL RIGHTS, MINERALS, MINERAL RIGHTS, NATURAL GAS RIGHTS, AND OTHER HYDROCARBONS BY WHATSOEVER NAME KNOWN, GEOTHERMAL STEAM, ANY OTHER MATERIAL RESOURCES AND ALL PRODUCTS DERIVED FROM ANY OF THE FOREGOING, THAT MAY BE WITHIN OR UNDER THE LAND, TOGETHER WITH THE PERPETUAL RIGHT OF DRILLING, MINING, EXPLORING AND OPERATING THEREFOR AND STORING IN AND REMOVING THE SAME FROM THE LAND OR ANY OTHER LAND, INCLUDING THE RIGHT TO WHIPSTOCK OR DIRECTIONALLY DRILL AND MINE FROM LANDS OTHER THAN THOSE CONVEYED HEREBY, OIL OR GAS WELLS, TUNNELS AND SHAFTS INTO, THROUGH OR ACROSS THE SUBSURFACE OF THE LAND, AND TO BOTTOM SUCH WHIPSTOCKED OR DIRECTIONALLY DRILLED WELLS, TUNNELS AND SHAFTS UNDER AND BENEATH OR BEYOND THE EXTERIOR LIMITS THEREOF, AND TO REDRILL, RETUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN AND OPERATE ANY SUCH WELLS OR MINES; WITHOUT, HOWEVER, THE RIGHT TO DRILL, MINE, STORE, EXPLORE AND OPERATE THROUGH THE SURFACE OR THE UPPER 500 FEET OF THE SUBSURFACE OF THE LAND, AS RESERVED BY THE IRVINE COMPANY, A MICHIGAN CORPORATION, BY DEED RECORDED MAY G, 1994 AS INSTRUMENT NO. 94-317183 OF OFFICIAL RECORDS. ISO 15-34 Attachment B Planning Commission Staff Report Dated June 4, 2020 15-35 Q4�11 PQCITY OF NEWPORT BEACH rPLANNING COMMISSION STAFF REPORT June 4, 2020 R�P Agenda Item No. 4 SUBJECT: Newport Airport Village (PA2014-225) • General Plan Amendment (GP2014-004) • Zoning Code Amendment (CA2014-009) • Planned Community Developmnet Plan (PC2020-002) • Development Agreement (DA2014-003) • Addendum No. 3 to the 2006 General Plan Update PEIR and Addendum No. 1 to the 2014 Land Use Element Amendment SEIR (ER2020-002) SITE Northerly portion of the Campus Tract, generally bounded by Birch LOCATION: Street, Campus Drive, MacArthur Boulevard and the extension of Corinthian Way APPLICANT: Saunders Property Company c/o Starpointe Ventures OWNER: Saunders Property Company PLANNER: Gregg Ramirez, Principal Planner 949-644-3219, gramirez@newportbeachca.gov PROJECT SUMMARY The applicant requests legislative approvals consisting of a General Plan Amendment (GPA), Zoning Code Amendment to approve the Newport Airport Village Planned Community Development Plan (PCDP), and a Development Agreement (DA) for a 16.46 - acre project area within the Campus Tract, adjacent to the John Wayne Airport (JWA). Ultimately up to 444 dwelling units (329 base units and 115 density bonus units) and 297,572 square feet of retail, office, and airport supporting uses would be accommodated at the project site. The GPA would change the land use category of the site from AO (Airport Office) to MU - H2 (Mixed Use Horizontal 2). No development capacity increase above what the General Plan currently allows for the Airport Area is proposed. The PCDP would establish permitted uses, development standards, and design guidelines for the future redevelopment of the project area with mixed-use and commercial development. The applicant requests a development agreement that would provide rights to develop the PCDP and public benefits consisting of the payment of substantial fees not otherwise required. No specific development project is included in this application. Future development projects would go through the City's existing Site Development Review process prior to building permit issuance. Minor development might be approvable at the staff level and more significant projects will require a public hearing with either the Zoning Administrator or Planning Commission depending upon the size of the project. 1 15-36 2 15-37 Newport Airport Village (PA2014-225) Planning Commission, June 4, 2020 Page 2 The City has prepared an addendum to two previously certified Environmental Impact Reports in accordance with the California Environmental Quality Act to serve as the environmental analysis for this project. RECOMMENDATION 1) Conduct a public hearing; 2) Find that potential environmental impacts have been previously mitigated through the implementation of the policies of the General Plan as evaluated in Program Environmental Impact Report (PEIR) for the 2006 General Plan Update (SCH No. 2006011119) and the Supplemental Environmental Impact Report (SEIR) for the 2014 Land Use Element Amendment (SCH No. 2013101064); therefore, in accordance with Section 15164 of the California Environmental Quality Act (CEQA) Guidelines, an addendum to the previously adopted PEIR and SEIR is the appropriate environmental documentation for the Project; 3) Adopt Resolution No. PC2020-020 (Attachment No. PC 1) recommending the City Council adoption of Environmental Impact Report Addendum No. ER2020-002 and approval of General Plan Amendment No. GP2014-004 (including a waiver of the neighborhood park dedication requirement pursuant to General Plan Policy LU 6.15.13), Zoning Code Amendment No. CA2014-009, Planned Community Development Plan No. PC2020-002 (including a waiver of the density standards of General Plan Policy LU 6.15.7 pursuant to Government Code §65915(e)(1), and Development Agreement No. DA2014-003 for the Newport Airport Village Planned Community Project, located at 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 (PA2014-225). INTRODUCTION Proiect Settin The 16.46 -acre project site is generally located southeast of John Wayne Airport and is west of MacArthur Boulevard, south of Campus Drive, north of Birch Street, and about 550 feet north of Dove Street (Figure 1). The John Wayne Airport 65 -dB Community Noise Equivalent Level (CNEL) noise contour transects the site, running from north to south and approximately half of the project area is located within the 65-dBA CNEL contour (Figure 2). Portions of the project area are also within the John Wayne Airport Safety Zone 3. The project site is currently developed with a variety of commercial uses, including retail, restaurants, rental vehicle facilities and office buildings. S 15-38 Newport Airport Village (PA2014-225) Planning Commission, June 4, 2020 Page 3 The project area is within the Airport Area of the City and currently has a General Plan Land Use Plan Category of Airport Office (AO). Additionally, the project area is zoned OA (Office Airport) that allows uses consistent with the Land Use Plan Category. Figure 1 - Vicinity Map John Wayne Airport (JWA), a commercial and general aviation airport, is owned and operated by the County of Orange and is located to the west and north of the site (across Campus Dr.). To the immediate northeast of the site, on the southwest corner of MacArthur Blvd. and Campus Dr., is a five -story office building and a small multi -tenant retail commercial building. Across MacArthur Blvd. is a nine -story office building that contains professional and medical office uses; a five -story apartment building at the intersection of Douglas and Martin Court; and multiple hotels and restaurants along 15-39 Newport Airport Village (PA2014-225) Planning Commission, June 4, 2020 Page 4 MacArthur Blvd. To the east (across Birch St) are several multi -story office buildings that range from three to fourteen stories, hotels, and retail and restaurant uses. Commercial services, including vehicle sales and repairs and a pharmacy; restaurants; and office uses, including medical offices occupy the properties to the south of the proposed planned community. Souce: � fN�porc GlS ' Project Description Figure 2 - Project Boundaries l7 r Legend P part Airport Village PI n dCammunity Saunders Property Company c/o Starpointe Ventures ("Applicant") seeks approval of the following applications: • General Plan Amendment (GP2014-004) — A request to change the General Plan Land Use Designation of the project area from Airport Office (AO) to Mixed Use Horizontal 2 (MU -H2) and to amend Table LU2 (Anomaly Locations) to add the project area as an anomaly to allow for the development of 329 dwelling units, exclusive of any permitted density bonus, and 297,572 square feet of nonresidential floor area; 5 15-40 Newport Airport Village (PA2014-225) Planning Commission, June 4, 2020 Page 5 • Zoning Code Amendment (CA2014-009) — A request to change the zoning district of the project area from OA (Office Airport) to PC (Newport Airport Village Planned Community); • Planned Community Development Plan (PC2020-002) — A request to adopt the Newport Airport Village Planned Community Development Plan (PCDP). The PCDP sets the development, design and land use standards for the project area; • Development Agreement (DA2014-003) — A request for a Development Agreement between the Applicant and the City, which would provide vested rights to develop the planned community, while also providing negotiated public benefits; and • Addendum to the 2006 General Plan Update and the 2014 Land Use Element Amendment Environmental Impact Reports (ER2020-002) — Pursuant to the California Environmental Quality Act (CEQA), the addendum will address reasonably foreseeable environmental impacts resulting from the legislative amendment requests. As noted, this Applicant's request does not include any project specific development project or plans, but rather is for legislative approvals only. Should the applications be approved by the City Council, future development would be required to comply with the development and use standards set forth in the PCDP. Background A similar, but more intensive project, was previously considered as part of the 2014 Land Use Element Update. Unlike the current proposal that limits development to the existing allocated units under the General Plan and allowed nonresidential intensity, the 2014 proposal would have increased the density in the Airport Area by 329 dwelling units and 238,077 sq. ft. of nonresidential uses in the larger 26.4 -acre Campus Tract. Although the City Council approved the 2014 Land Use Element Update, it failed to obtain voter approval as required by Charter Section 423. The SEIR for that amendment was certified and the outcome of the vote did not nullify its certification. Additionally, the City Council did not rescind its certification of the SEIR, and therefore, it remains a certified resource. On April 23, 2020, the Planning Commission held a study session to become familiar with the proposed project. The Applicant presented the project and staff discussed the process and summarized the requested applications. Through this process, the public was also provided an opportunity to participate and comment. Aside from general questions and discussion, the Commission discussed parkland dedication requirements, how the project can help meet the City's Regional Housing Needs Assessment (RHNA) obligations, and the future phasing of construction of residential and non-residential uses. The study session focused on how the project would measure up to the JWA Airport Environs Land 0 15-41 Newport Airport Village (PA2014-225) Planning Commission, June 4, 2020 Page 6 Use Plan (AELUP) and future Airport Land Use Commission (ALUC) review. No action was taken by the Planning Commission during or at the conclusion of the study session. DISCUSSION General Plan Amendment The proposal would amend the General Plan Land Use Category from Airport Office (AO) to Mixed Use Horizontal 2 (MU -H2). The existing land use plan categories described below are shown in Figure 3. The AO land use plan category is described on page 3-13 of the General Plan Land Use Element as: "[tjhe AO designation is intended to provide for the development of properties adjoining the John Wayne Airport for uses that support or benefit from airport operations. These may include professional offices, aviation retail, automobile rental, sales, and service, hotels, and ancillary retail, restaurant, and service uses." The AO category provides for a, "floor area to land area ratio of 0. 5, except for warehousing which may be developed at a floor area to land ratio of 0.75." Figure 3 - Existing Land Use Map (Excerpt Land Use Element Figure LU11) 7 15-42 Newport Airport Village (PA2014-225) Planning Commission, June 4, 2020 Page 7 The MU -H2 land use plan category is described on page 3-14 of the General Plan: "[tJhe MU -H2 designation applies to properties located in the Airport Area. It provides for a horizontal intermixing of uses that may include regional commercial office, multi -family residential, vertical mixed-use buildings, industrial, hotel rooms, and ancillary neighborhood commercial uses." It also provides that, "[rlesidential: maximum of 2,200 units as replacement of existing office, retail, and/or industrial uses at a maximum density of 50 units per adjusted gross acre, of which a maximum of 550 units may be developed as infill. Nonresidential Uses: as defined by Table LU2 [Anomaly Locations]." The revised land use designation would be consistent with the properties to the east of the project area, which are across Birch Street, between Corinthian Way and MacArthur Boulevard (Figure 4). Figure 4 - Proposed Land Use Map Airport Area Dwelling Units The MU -H2 designation and General Plan Policy LU 6.15.5 (Residential and Supporting Uses) allows a maximum of 2,200 residential units of which 1,650 units may be developed as replacement of existing office, retail, and/or industrial uses. The remaining 550 units are classified as additive units, meaning they are not required to replace other units and they may be constructed as "in -fill" units to existing commercial or office development within the Conceptual Development Plan Area (CDPA) of the Airport Area as illustrated in Figure LU22 of the General Plan Land Use Element (Attachment No. PC 2). Any eligible 2 15-43 Newport Airport Village (PA2014-225) Planning Commission, June 4, 2020 Page 8 density bonus allowed by Government Code §65915 (Density Bonus Law) and Newport Beach Municipal Code (NBMC) Chapter 20.32 (Density Bonus) are not included in the 2,200 -unit allowance or the 50 dwelling units per acre standard. As indicated, the proposed amendment will not increase the existing nonresidential floor area currently allowed or the 2,200 dwelling unit limit. Land Use Element Policy LU 6.15.5 Residential and Supporting Uses Accommodate the development of a maximum of 2,200 multi -family residential units, including work force housing, and mixed-use buildings that integrate residential with ground level office or retail uses, along with supporting retail, grocery stores, and parklands. Residential units may be developed only as the replacement of underlying permitted nonresidential uses. When a development phase includes a mix of residential and nonresidential uses or replaces existing industrial uses, the number of peak hour trips generated by cumulative development of the site shall not exceed the number of trips that would result from development of the underlying permitted nonresidential uses. However, a maximum of 550 units may be developed as infill on surface parking lots or areas not used as occupiable buildings on properties within the Conceptual Development Plan Area depicted on Figure LU22 provided that the parking is replaced on site. The City applies conversion factors to determine consistency with the trip neutral requirement of this policy as established by the Airport Area Residential and Mixed -Use Adjustment Factors document created by the City's Traffic Engineer. The existing site is allowed 358,498 square feet of commercial square footage. The applicant has requested a total of 329 replacement dwelling units that requires the conversion of 60,926 square feet of commercial floor area (5.4 du/s per 1,000 square feet) to be consistent with LU 6.15.5. Density bonus units do not count towards the capacity limits of the General Plan since State Housing Law excludes these types of dwelling units from maximum allowable densities under the General Plan. In considering the Newport Airport Village project, in conjunction with the other approved and pending projects within the MU -H2 land use designation, there would be 430 remaining units available for other properties with the MU -H2 land use plan category designation (see Table 1 below). The approval of the proposed amendment would specifically allocate 329 units of the remaining units available to a portion of the project site, and they could not be developed at some other site designated MU -H2. Residential units in the Airport Area have been slow to develop over the last 13 years since the opportunity was first introduced with the comprehensive update of the General Plan in 2006. A variety of factors contribute to this circumstance but the principal one is the existing land value. The property owner believes the value of the land, along with other factors, contributes to create a viable housing opportunity site. Given the approaching high RHNA allocation, the City may need this housing opportunity site to comply with the State mandate. 9 15-44 Newport Airport Village (PA2014-225) Planning Commission, June 4, 2020 Page 9 Table 1 — Airport Area Residential Units Anomaly Locations Residential Development Allocation Base Units Statistical Density Bonus Units Project Totals With Density Bonus Replacement Units Additive Units Total Units General Plan Development Limit (MU -H2) 1650 550 2,200 Additional Information Approved Projects Nonresidential 86 Uptown Newport 632 290 1 922 322 1 1,244 Newport Crossings 259 0 259 91 350 Projects Under Review The Koll Center Residences 260 260 52 312 Proposed Newport Airport Village 329 0 329 115 444 Remaining Development Allocation 430 0 430 Airport Office Floor Area Limits Currently the Airport Office (AO) land use designation allows a floor area ratio (FAR) of 0.5 which results in 358,498 square feet for the project site. Due to the conversion of nonresidential floor area to dwelling units, the existing 0.5 FAR over the project site would no longer be permissible. To reflect the reduction of floor area due to the conversion allocated to the project site, the GPA would add Anomaly No. 86 to Table LU2 (Anomaly Locations) of the General Plan. Table LU2 Anomaly Locations Anomaly Statistical Land Use Development Number Area Designation Limit (soDevelopment Limit (Other) Additional Information Nonresidential 86 L4 MU -H2 development 329 dwelling units 297,572 General Plan Consistency The proposed applications are legislative acts. Neither the NBMC nor State planning law specify findings that need to be adopted to approve the requested General Plan Amendment. Nevertheless, the project is consistent with the General Plan since "[t]he MU -H2 designation applies to properties located in the Airport Area. It provides for a horizontal intermixing of uses that may include regional commercial office, multifamily residential, vertical mixed-use buildings, industrial, hotel rooms, and ancillary neighborhood commercial uses." The allowed uses of the MU -H2 land use category are broad enough to allow for the existing uses of the AO category while allowing residential or mixed-use development at the density described. The proposed PCDP regulations 10 15-45 Newport Airport Village (PA2014-225) Planning Commission, June 4, 2020 Page 10 would provide for a combination of residential development, airport supporting uses, and a variety of commercial land uses consistent with the MU -H2 designation. The draft Planning Commission resolution (Attachment No. PC 1) includes an analysis of relevant Airport Area polices. Furthermore, the EIR Addendum includes a comprehensive analysis of all relevant General Plan polices. The analysis shows the requested amendments are consistent with all applicable General Plan polices. However, two warrant additional discussion as they require a policy waiver to achieve consistency. General Plan Policv Waiver - LU 6.15.13 Neiahborhood Parks Standards General Plan Policy LU 6.15.13 is specific to the Airport Area. The policy is intended to ensure that adequate neighborhood parks are developed to serve new residential villages. The policy itself allows the City to waive the dedication requirement under certain circumstances and the applicant requests the requirement be waived. LU 6.15.13 Neighborhood Parks Standards. To provide a focus and identity for the entire neighborhood and to serve the daily recreational and commercial needs of the community within easy walking distance of homes, require dedication and improvement of at least 8 percent of the gross land area (exclusive of existing rights-of-way) of the first phase development in each neighborhood, or % acre, whichever is greater, as a neighborhood park. This requirement may be waived by the City where it can be demonstrated that the development parcels are too small to feasibly accommodate the park or inappropriately located to serve the needs of local residents, and when an in -lieu fee is paid to the City for the acquisition and improvement of other properties as parklands to serve the Airport Area. In every case, the neighborhood park shall be at least 8 percent of the total Residential Village Area or one acre in area, whichever is greater, and shall have a minimum dimension of 150 feet. Park acreage shall be exclusive of existing or new rights-of-way, development sites, or setback areas. A neighborhood park shall satisfy some or all of the requirements of the Park Dedication Ordinance, as prescribed by the Recreation Element of the General Plan. The Applicant believes it would be inappropriate to locate a neighborhood park within the project site due to its proximity to John Wayne Airport. Pursuant to the policy, the Applicant has agreed to pay an in -lieu park fee of $2,500,000. The value was established by City Council Resolution No. 2007-30. A significant portion of the project site is impacted by high noise levels within JWA Safety Zone 3 and locating a park in such areas may not be appropriate or desirable. Additionally, predominant uses in Planning Area 2 (see Figure 6) are vehicle storage lots for car rental agencies operating with long-term leases. Air quality in the area and the limited residential density planned for the Airport Area are also factors suggesting a new public park within the proposed project site may not be desirable. If the park dedication 11 15-46 Newport Airport Village (PA2014-225) Planning Commission, June 4, 2020 Page 11 was required, the best potential location would be within Planning Area 1, outside the 65- dBA CNEL noise contour and JWA Safety Zone 3 further reducing the available land for residential or mixed-use development. In this scenario, a 1 -acre dedication of 6.02 acres of relatively unconstrained land is a significant percentage of the area potentially available for residential use. If the dedication were required in conjunction with the first phase density bonus development, the cost of the dedication could render the density bonus project financially infeasible. These or other potential factors could provide sufficient grounds for the City Council to waive the dedication requirement. If the City Council chooses not to waive the parkland dedication requirement, development of the future park would be required in accordance with this policy. With either choice, neighborhood park dedication or waiver, the proposed project is consistent with this policy. Staff believes the reasons cited above compelling to waive the dedication requirement. The recommended actions for project approval include a recommendation to the City Council to waive the policy. General Plan Policy Waiver - LU 6.15.7. Overall Density and Housing Types LU 6.15.7. Overall Density and Housing Types. Require that residential units be developed at a minimum density of 30 units and maximum of 50 units per net acre averaged over the total area of each residential village. Net acreage shall be exclusive of existing and new rights-of-way, public pedestrian ways, and neighborhood parks. Within these densities, provide for the development of a mix of building types ranging from townhomes to high-rises to accommodate a variety of household types and incomes and to promote a diversity of building masses and scales. The residential component of the project is 329 units (excluding density bonus units) within the 16.46 -acre residential village, and the density is about 20 dwelling units per acre (du/ac) and below the minimum 30 du/ac standard. If the density bonus units were included, the result would be about 27 du/ac. To comply, additional units would need to be included and required to be replacement units pursuant to Policy LU 6.15.5, meaning the additional units would come at the expense of underlying permitted nonresidential uses. The 16.46 -acre property is partially constrained by the JWA 65-dBA CNEL noise contour and all residential use is inconsistent in this high noise area. The property is also partially constrained by JWA Safety Zone 3 that limits residential uses to very low densities if not deemed unacceptable because of noise. Planning Area 1 is 7.14 acres and the area outside both the 65 dBA CNEL noise contour and Safety Zone 3 where residential use would be allowed consistent with the AELUP is further limited to 6.02 acres. To comply with Policy LU 6.15.7, 493 units would need to be constructed on 6.02 acres resulting in a density of 81.9 du/ac without including potential density bonus units which would exceed the maximum allowable density. However, California Government Code Section 65915(e)(1) prohibits a city from applying a development standard that will have the effect of physically precluding the construction of a development for projects that propose a density bonus. The waiver of height 12 15-47 Newport Airport Village (PA2014-225) Planning Commission, June 4, 2020 Page 12 standards, number of stories and setbacks to accommodate project amenities such as an interior courtyard, community plaza and high ceilings have been interpreted as physical constraints that warrant a waiver pursuant to Government Code §65915(e)(1) in Wollmer v. City of Berkeley, (2011) 193 Cal. App. 4th 1329. Staff believes the application of the density standards of Policy LU 6.15.7 would have precluded the proposed density bonus units of the project given the constraints, and therefore, it must be waived if the project is approved. It should be noted that the project would create an opportunity for housing (including affordable housing) that would be approximately 46 du/acre, not including the density bonus units in Planning Area 1, which is within the density range of the Policy LU 6.15.7. The requirement to waive this policy in no way diminishes the City's discretion to deny the proposed project. Housing Element and Regional Housing Needs Assessment (RHNA) If the proposed land use element is approved, corresponding changes to the Housing Element would be authorized. Corresponding maps, figures and tables would be updated. Most notably, PCDP Planning Area No. 1 would be added to the City's Housing Site Inventory. Credit would be given for the project towards the City's upcoming RHNA allocation for the next housing element cycle (2021-2029) due to the fact that project meets all criteria as a viable housing opportunity site pursuant to State Housing Element Law. Credit might not be given if construction occurs prior to the next housing element cycle. Zoning Code Amendment The Applicant requests the project site be rezoned from OA (Office Airport) to PC (Planned Community - Newport Airport Village Planned Community) to implement the proposed MU -H2 land use plan category (the GPA). This rezone would allow for the adoption of the Planned Community Development Plan (PCDP), which sets the development standards and land use regulations for the project area. The purpose of the PC district as provided in NBMC §20.56.10 is to: 1) Provide for the classification and development of land as coordinated, comprehensive projects in order to take advantage of the superior environment resulting from large-scale community planning, 2) Allow diversification of uses as they relate to each other in a physical and environmental arrangement while ensuring substantial compliance with the spirit, intent, and provisions of this Zoning Code, and 3) Include various types of uses, consistent with the General Plan through the adoption of a development plan and text materials that identify land use relationships and associated development standards. is 15-48 Newport Airport Village (PA2014-225) Planning Commission, June 4, 2020 Page 13 NBMC §20.56.020(A) requires that a PC district contain at least 10 acres of improved land unless the City Council waives the minimum acreage requirement. At 16.46 acres, the Newport Airport Village PC District will not require such a waiver. NBMC §20.56.030 requires a PCDP to contain land use regulations and NBMC §20.56.040 requires a PCDP include property development standards. The proposed PCDP includes these provisions as summarized below. NBMC §20.56.050 outlines the procedure to adopt a PCDP and it provides for the contents of the PCDP itself. In summary, staff believes the proposed PCDP meets these Code requirements and recommends the Planning Commission concur by adopting a recommendation to the City Council that it be adopted by ordinance. Figure 5 below depicts the proposed Zoning Map. Z ZO U r' PC Jam' r'lf J� 1 `1 r� � G �. F- r I r r c 0 r apLF lyI NrH/gN rr �¢ WAY OA p 4 PC -15 PC -1 1 73 v)nLpVAIN Figure 5 - Proposed Zoning Map i4 15-49 Newport Airport Village (PA2014-225) Planning Commission, June 4, 2020 Page 14 Planned Community Development Plan The draft Newport Airport Village PCDP is within Exhibit E of Attachment No. PC 1. The PCDP is divided into the following sections: Introduction and Purpose — Introduces the project, site, and surrounding area. II. Land Use and Development Regulations — Creates the permitted uses and development standards. III. Architectural Design Considerations — Provides principles and concepts to guide the site layout and architectural design of buildings. IV. Residential Design Guidelines — Establishes specific architectural standards that residential developments will need to comply with. V. Plan Administration and Implementation — Sets the process to review development and amending the PCDP. Site Development Review is required for the development of new buildings. To achieve a mixed-use environment, Newport Airport Village PC District is divided into two planning areas (see Figure 5). Planning Area 1 would accommodate all of the dwelling units, plus up to 94,583 square feet of nonresidential (food service, retail, offices, and personal services) uses. It is important to note that all dwelling units would be required to be located outside of John Wayne Airport's 65-dBA CNEL zone and Safety Zone 3 as shown in Figure 6. Planning Area 2 is limited to nonresidential uses with an FAR of 0.5. This would include food services, bars/nightclubs, retail sales, offices, personal services, and most uses permitted or conditionally permitted within the Office Airport (OA) zone. A summary of the proposed development standards is contained in Table 2. 15 15-50 Newport Airport Village (PA2014-225) Planning Commission, June 4, 2020 Page 15 John Wayn AirportH� 411 Planning Area 1 r � 1 f Planning Area 2+1 r• 1 1 ��:,:,• Sa19 2 1 one U 1 `.. c X .A IU 9J m 1 t IU 1 e 1 1 M I Figure 6 - Planning Areas Table 2 - Development Standards Development Standard Planning Area 1 Planning Area 2 Housing Density 30 units/acre minimum N/A 46 units/acre maximum Building Height 85' (residential and mixed-use) 37', an increase to 55' is 37' (nonresidential) allowed with approval of a Site Development Permit Setbacks Buildings under 20' in height 15' from street property line 10' from street property line 5' from internal property line 5' from internal property line Buildings 20' or greater in height 20' from street property line 5' from internal property line Floor Area 94,583 square feet 0.5 Floor Area Ratio (202,989 square feet) Open Space Private - 5% gross floor area/unit N/A Common - 75 square feet/unit 1-0 15-51 Newport Airport Village (PA2014-225) Planning Commission, June 4, 2020 Page 16 Traffic Analysis To assess any potential traffic issues, a traffic analysis was prepared by Urban Crossroads for use in the CEQA analysis based on the Newport Beach Traffic Model (NBTM). As noted previously, the proposed project includes less development than studied in the 2014 Land Use Element Amendment Traffic Impact Analysis and consequently the project results in fewer peak hour and average daily trips (ADT) for the project site. When compared to the land uses currently allowed on the site by the current General Plan, the proposed development without the density bonus results in 4 fewer AM peak hour trips, 73 fewer PM peak hour trips and 763 fewer average daily trips (ADT). With the density bonus, proposed development results in an increase of 52 AM peak hour trips, a decrease of 22 PM peak hour trips and a decrease of 199 ADT. As a result of these trip generation changes, the analysis did not identify any intersection or other traffic -related impacts that would be created by the proposed project. Charter Section 423 (AKA Greenliaht Initiative City Council Policy A-18 requires that proposed GPAs be reviewed to determine if a vote of the electorate would be required pursuant to City Charter Section 423. If a GPA (separately or cumulatively with other GPAs within the previous 10 years within the same Statistical Area of the General Plan) generates more than 100 peak hour trips (a.m. or p.m.), adds 40,000 square feet of nonresidential floor area, or adds more than 100 dwelling units in a statistical area, a vote of the electorate would be required if the City Council approves the GPA. The property is located in Statistical Area L4. The proposed General Plan Amendment would only change the land use designation of the site and not increase nonresidential floor area or residential units. The 329 dwelling units requested are already provided in the MU -H2 land use plan category and Policy LU 6.15.6. The 2,200 -dwelling -unit allocation to the MU -H2 is not changing and the Amendment does not increase the amount of floor area proposed. Consequently, there is no increase in a.m. or p.m. peak hour traffic trips. As a result, the Amendment is not classified as a major amendment requiring a vote of the electorate should the City Council choose to approve the requested General Plan Amendment. Airport Noise Being adjacent to the airport, there is a concern about noise affecting future residents. General Plan Policy, the Airport Environs Land Use Plan for John Wayne Airport (AELUP) and the propose PCDP will not permit residential units in areas subject to noise at 65 dBA CNEL or greater. The PCDP further requires that residential construction comply with NBMC Section 10.26.030, which requires the interior ambient noise level of the dwelling units does not exceed 45 dBA between 7:00 a.m. and 10:00 p.m., 40 dBA between 10:00 1-7 15-52 Newport Airport Village (PA2014-225) Planning Commission, June 4, 2020 Page 17 p.m. and 7:00 a.m. Additionally, should a neighborhood park be required, notification to future residents and the public by posting signs in outdoor open areas and recreation areas, is mandated by the draft PCDP. Residential use is considered "conditionally consistent" with the airport by the AELUP provided interior noise mitigation and exterior notice as described is provided. As a result, the proposed project is compatible with the airport and consistent with the adopted AELUP. Airport Land Use Commission (ALUC) Since the proposed project includes General Plan and Zoning Amendments and a PCDP, review for consistency with the Airport Environs Land Use Plan for John Wayne Airport (AELUP) is required by Section 21676(b) of the Public Utilities Code. The amendments will be forwarded to the ALUC for their review and a determination of consistency with the AELUP prior to the City Council consideration. Should the ALUC find the project consistent with the AELUP, the project can proceed to the City Council without further delay. If the ALUC finds the project inconsistent with the AELUP, which is their prerogative despite the fact that the amendments appear to be consistent with the adopted AELUP, the City Council would have to initiate a process to override the ALUC determination by a two-thirds vote of the City Council, should the Council choose to approve the project. As indicated, staff believes the proposed project is consistent with the requirements and standards in the AELUP. Residential units would be located outside the 65 dBA CNEL noise contour line established by the AELUP, and the use would be "conditionally consistent" provided interior noise mitigation is provided and exterior notice of the proximity to operating aircraft is provided. These two conditions are mandated by the PCDP. The project site does include areas within JWA Safety Zones 3 and 6. Safety Zone 3 precludes high density residential, and the PCDP does not permit residential units within this zone. Commercial development allowed by the PCDP is permitted to be within Safety Zone 3. The remainder of the site is within Safety Zone 6, which is less restrictive than Safety Zone 3 and allows all residential uses and commercial development. Refer to Figure 6 to see the boundaries of 65 dBA CNEL and Safety Zone 3. Additionally, the Applicant has received a Determination of No Hazard to Air Navigation from the Federal Aviation Administration for 85 feet above ground level (AGL), which is the proposed PCDP height limit for residential and mixed-use buildings. In summary, staff believes the proposed amendments are consistent with the adopted AELUP given the provisions of the PCDP, and as a result, staff supports a recommendation to adopt the amendments. Fiscal Analysis The City's consultant, Applied Development Economics, Inc., has prepared an independent fiscal impact analysis (Attachment No. PC 3) based on the City's Fiscal Impact Model in accordance with General Plan Implementation Programs 12.1 and 12.2. These programs require the preparation of a net fiscal analysis based upon an updated 1 g 15-53 Newport Airport Village (PA2014-225) Planning Commission, June 4, 2020 Page 18 model for significant development projects and General Plan Amendments. The City's fiscal impact model is designed to calculate the average cost of public services required by new development, on the assumption that new development affects City services in the same way that existing development does. The model concluded that the net impact of the growth in land uses at build -out of the General Plan compared to existing land uses in 2006 when the General Plan was last comprehensively updated, would result in a net positive fiscal impact for the General fund of $21.7 million per year. The analysis prepared for the proposed Newport Airport Village concludes that allowed land uses on the site generate $153,364 while the proposed project would result in an annual cost of $466,523 for a total of $619,887 annually. Since the proposed project includes 329 units of the 1,650 replacement dwelling units already allowed in the MU -H2 land use designation, the net fiscal change is no different than that predicted in 2006. In other words, the City planned for this change by adopting the MU -H2 land use plan category and project approval "locates" a portion of that change to the project site and avoids it at a different MU -H2 site. Develoament Aareement Pursuant to NBMC Section 15.45.020(A)(2)(a), a Development Agreement is required whenever a General Plan Amendment or Zoning Code Amendment is proposed that will result in the development of 50 or more dwelling units. The intent of the Development Agreement is to provide the property owner/developer a vested development right, while providing some public benefit to the community. In this case, the property owner/developer would have a vested right to develop 444 dwelling units (329 base units and up to 115 density bonus units) and 297,572 square feet of commercial floor area, provided the proposed development complies with the development regulations and design guidelines set forth in the PCDP. The vested right to develop is for 15 years for the residential portion of the project and 20 years for the nonresidential portion of the project. In consideration of the vested development right, the property owner/developer will pay the following in addition to standard impact fees: • Public Benefit Fee: $6,000,000 in three installments • General Pan Policy Waiver In -Lieu Park Fee: $2,500,000 • Public Safety Fee: $1,000,000 for Fire Life Safety staffing, services, or equipment The proposed Development Agreement (Exhibit F of Attachment No. PC 1) includes all the mandatory elements for consideration and public benefits that are appropriate to support conveying the vested development rights consistent with the General Plan, NBMC, and Government Code Sections 65864 et seq. 1-9 15-54 Newport Airport Village (PA2014-225) Planning Commission, June 4, 2020 Page 19 Environmental Review On July 25, 2006, the City Council certified a Program Environmental Impact Report (PEIR) for the General Plan 2006 Update (SCH No. 2006011119). The PEIR analyzed the potential impacts of a citywide land use plan, and goals and policies for 10 General Plan elements. The PEIR designated the project area as Airport Office and Supporting Uses (AO). The designation would allow up to 358,498 square feet of office based on the allowable 0.5 floor area ratio (FAR). The AO land use designation is intended to allow uses that support or benefit from operations of the adjoining John Wayne Airport. These may include professional offices; aviation; retail; automobile rental, sales, and service; hotels and ancillary retail, restaurant, and service uses. This designation specifies an FAR of 0.5, except for warehousing, which may be developed at an FAR of 0.75. Two previous addendums to the PEIR, which are unrelated to the project area, have been previously approved. On July 22, 2014, the City Council certified a Supplemental EIR (SEIR) for the 2014 update to the Land Use Element of the General Plan (SCH No. 2013101064). The SEIR focused on a General Plan Land Use Element Amendment proposing both reduced and increased development capacities in various areas of the City. The SEIR evaluated the designation of the project site as Mixed Use -Horizontal 2 (MU -H2). The SEIR assessed the potential development of 238,077 square feet of office space and 329 additional dwelling units for the project site as an increase to what the General Plan would allow. As a result of failing to obtain voter approval, as required by Charter Section 423, the General Plan Land Use Element Amendment was not implemented. The result of the vote did not nullify the certification of the SEIR and the City Council has not rescinded its certification of the SEIR. As a result of the proposed project changes from the analysis that was conducted in 2014, an Addendum to the PEIR and SEIR was prepared (Exhibit B of Attachment No. PC 1). The Addendum analyzed the following environmental topics: Aesthetics, Agriculture and Forestry Resources, Air Quality, Biological Resources, Cultural Resources, Energy, Geology and Soils, Greenhouse Gas Emissions, Hazards and Hazardous Materials, Hydrology, Land Use and Planning, Mineral Resources, Noise, Population and Housing, Public Services, Recreation, Transportation, Tribal Cultural Resources and Utilities and Service Systems. This Addendum also includes analysis of new topical sections that were not included in the previous EIRs; specifically, it includes a new energy section and a new wildfire section. These topics were included in the Addendum because the State CEQA checklist was updated to include them subsequent to both the PEIR and SEIR certifications. This proposed Newport Airport Village PCDP would result in the same or reduced development scope than what was analyzed in the PEIR and SEIR. Based on the environmental analysis conducted, any potential impact has already been appropriately addressed through the PEIR and SEIR. 20 15-55 Newport Airport Village (PA2014-225) Planning Commission, June 4, 2020 Page 20 Pursuant to Section 15162 of the CEQA Guidelines, when an EIR has been certified for a project, no subsequent EIR shall be required unless the City determines, on the basis of substantial evidence in the 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 due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; 2. 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 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, shows any of the following: a. The project will have one or more significant effects not discussed in the previous EIR; b. Significant effects previously examined will be substantially more severe than shown in the previous EIR; 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. On the basis of the entire environmental review record, the project will not result in any new significant impacts that were not previously analyzed in the PER or the SEIR. All potential impacts would either be the same or less than those described in either the PER or SEIR and have been appropriately mitigated. 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 PER or SEIR, nor has any new information regarding the potential for new or more severe significant environmental impacts been identified. In accordance with Section 15164 of the CEQA Guidelines, an addendum to the previously adopted PER and SEIR is the appropriate environmental documentation for the project. 21 15-56 Newport Airport Village (PA2014-225) Planning Commission, June 4, 2020 Page 21 Alternatives The Planning Commission has the discretion to recommend changes to the proposed project to address areas of concern or to improve the proposed plan. The Commission can also recommend the City Council not waive the neighborhood park dedication policy. Lastly, the Commission can recommend denial if it believes the proposed plan introduces incompatible uses to the area that cannot be adequately mitigated or if consistency with the MU -H2 and/or other applicable Airport Area policies are not in evidence. 011M = 0IIOTM Notice of this hearing was published in the Daily Pilot, mailed to all owners of property within 300 feet of the boundaries of the site (excluding intervening rights-of-way and waterways), including the applicant and an email select alert was sent to email subscribers of the Planning Division's notification list. Notification is consistent with applicable provisions 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: Gregg R mirez Principal Planner ATTACHMENTS PC 1 Draft Resolution Submitted by: Jim Campbell Deputy Community Development Director Exhibit A — Legal Descriptions Exhibit B — Addendum to EIRs Exhibit C — General Plan Amendment Exhibit D — Zoning Code Amendment Exhibit E — Planned Community Development Plan Exhibit F — Development Agreement PC 2 Figure LU22 of the General Plan Land Use Element PC 3 Fiscal Analysis 22 15-57 Attachment C Newport Airport Village Planed Community Development Plan 15-58 NEWPORT AIRPORT VILLAGE PLANNED COMMUNITY DEVELOPMENT PLAN PC -60 Adopted XXXXXX, 2020 Ordinance No. XX -2020 os 15-59 TABLE OF CONTENTS SECTION PAGE I. INTRODUCTION AND PURPOSE............................................................................................... 1 A. Introduction......................................................................................................................... 1 B. Location................................................................................................................................1 C. Surrounding Area................................................................................................................. 3 D. Purpose and Objective......................................................................................................... 4 E. Relationship to Other Regulations....................................................................................... 4 II. LAND USE AND DEVELOPMENT REGULATIONS....................................................................... 5 A. Permitted Uses..................................................................................................................... 6 B. Prohibited Uses.................................................................................................................... 7 C. Existing Legal Nonconforming Uses and Structures............................................................ 7 D. Land Use Concept................................................................................................................ 7 E. Development Standards — Planning Area 1 (Mixed -Use Residential Area) ......................... 8 F. Development Standards — Planning Area 2 (Non -Residential Area) ................................. 12 G. Additional Development Standards................................................................................... 13 III. ARCHITECTURAL DESIGN CONSIDERATIONS......................................................................... 16 A. General Principles.............................................................................................................. 16 B. Mixed-Use..........................................................................................................................16 C. Residential Uses................................................................................................................. 16 D. Office/Commercial Uses.................................................................................................... 17 E. Conceptual Images to Guide Development....................................................................... 17 IV. RESIDENTIAL DESIGN GUIDELINES......................................................................................... 21 A. Architectural Variety.......................................................................................................... 21 B. Windows and Entries......................................................................................................... 21 C. Massing and articulation.................................................................................................... 21 V. PLAN ADMINISTRATION and implementation...................................................................... 22 A. Permit Review Procedures................................................................................................. 22 B. Parcel or Tract Maps.......................................................................................................... 22 C. Amendments to Planned Community Development Plan ................................................. 22 D. Administrative Responsibility............................................................................................22 E. Enforcement...................................................................................................................... 22 Newport Airport Village 04 15-60 TABLE OF CONTENTS FIGURE PAGE Figure1 - Vicinity Map.................................................................................................................... 2 Figure2 - Airport Area.................................................................................................................... 2 Figure 3 - Newport Airport Village Planned Community................................................................ 3 Figure4 - Land Use Map................................................................................................................. 5 Figure 5 - Conceptual Development Plan..................................................................................... 10 Figure 6 - Mixed -Use Conceptual Images................................................................................... 188 Figure 7 - Multi -Unit Residential Conceptual Images................................................................... 19 Figure 8 - Office/Commercial Conceptual Images........................................................................ 20 Newport Airport Village 05 15-61 NEWPORT AIRPORT VILLAGE PLANNED COMMUNITY DEVELOPMENT PLAN (PCDP) I. INTRODUCTION AND PURPOSE A. Introduction The Newport Airport Village Planned Community Development Plan (PCDP) (PC -60) is envisioned to be a horizontal mixed-use development on an approximately 16.46 -acre site that is located in the northern portion of the City, near Macarthur Blvd and Campus Drive. The City of Newport Beach Municipal Code (NBMC) allows a Planned Community Development Plan to address land use designations and regulations in Planned Communities. The PCDP serves as the controlling zoning ordinance for the site and is authorized and intended to implement the provisions of the Newport Beach General Plan. The maximum buildout of the PCDP would result in 329 residential dwelling units, exclusive of any density bonus as allowed pursuant to California Government Code Section 65915; and 297,572 square feet of office, retail, and commercial use. The Newport Airport Village Planned Community (PC) consists of approximately 16.46 acres and prior to the development pursuant to this PCDP, a variety of commercial services, including: retail, restaurants, offices, rental car agencies, and other similar uses were developed. The Newport Airport Village Design Guidelines (contained herein) provide a conceptual vision of the physical implementation of the project and have been drafted to assist the City and community to visualize the architectural theme and desired character of the development. The Design Guidelines also provides the visual and mental imagery of what the current property owner and City see for the future development of the PC. B. Location As shown in Figures 1 and 2, the PC District is generally located southeast of John Wayne Airport and within the "Airport Area" Sub -Area as defined by the Newport Beach General Plan. The Airport Area includes 360 acres in the northernmost portion of Newport Beach, bounded by Campus Drive to the west and north, Jamboree Road to the east, and Bristol Street to the south. The City of Irvine is located north and east of the Airport Area. The Airport Area is proximate to Interstate 405 and State Routes 55 and 73. The Airport Area initially was a light industrial and commercial office area of Newport Beach, but is gradually redeveloping into a mixed-use community integrating residential development with existing non-residential uses consistent with the 2006 Newport Beach General Plan. 00 15-62 I. INTRODUCTION AND PURPOSE Figure 1 - Vicinity Map Figure 2 - Airport Area Newport Airport Village 2 07 15-63 I. INTRODUCTION AND PURPOSE More specifically, the PC is located west of MacArthur Boulevard, south of Campus Drive, north of Birch Street, and about 550 feet north of Dove Street, as shown in Figure 2. Figure 3 - Nemporl Airporl Village Planned Community As also noted in Figure 3, the 65-dBA CNEL noise contour line for John Wayne Airport (JWA) transects the site. Areas east of (i.e., outside) the 65 dBA CNEL line are "Clearly Compatible" or "Normally Compatible" with multi -family residential and mixed-use development under General Plan Table N2 (Land Use Noise Compatibility Matrix). Areas west of (i.e., inside) the 65 dBA CNEL line are "Normally incompatible" or "Clearly incompatible" with multi -family residential and mixed-use development under General Plan Table N2. Under the Airport Environs Land Use Plan for John Wayne Airport (AELUP), this means that areas west of the 65 dBA CNEL line are deemed suitable for residential uses and other noise -sensitive uses if the interior noise standard of 45 dBA CNEL can be maintained with an accompanying dedication of a avigation easement for noise. Additionally, building heights west of the 65 dBA CNEL line are restricted for aviation safety. C. Surrounding Area John Wayne Airport, a commercial and general aviation airport that is owned and operated by the County of Orange, is located to the west and north of the site (across Newport Airport Village 3 02 15-64 I. INTRODUCTION AND PURPOSE Campus Dr). To the immediate northeast of the site, on the southwest corner of MacArthur Blvd and Campus Dr, is a five -story office building and a small multi -tenant commercial building. Across MacArthur Boulevard, on the northeast corner of MacArthur Blvd and Campus Dr, is a nine -story office building that contains professional and medical office uses; a five -story apartment building at the intersection of Douglas and Martin Court; and multiple hotels and restaurants along MacArthur Blvd. To the east (across Birch St) are several multi -story office buildings that range from three to fourteen stories, hotels, and retail and restaurant uses. Commercial services, including vehicle sales and repairs and a pharmacy; restaurants; and office uses, including medical offices occupy the properties to the south of the PC. D. Purpose and Objective The purpose of the PCDP is to establish appropriate zoning regulations that govern the land use and development of the PC in a manner that is consistent with the City of Newport Beach General Plan. Implementation of the PCDP will: — Provide a quality mixed-use development that includes residential and supporting commercial uses; as well as, commercial uses that support or benefit from the proximity to the airport. — Create two planning areas to guide the development of the PC District (see Figure 4). Planning Area 1 will include the residential and, potentially, a complimentary retail or service commercial component of the PC District. Planning Area 2 will consist exclusively of non-residential uses. — Provide new housing opportunities in response to increased demand for housing, reduction of vehicle trips, and an encouragement of an active lifestyle by increasing the opportunity for residents to live in proximity to jobs, services, and entertainment. Such housing will be proximate to, and interconnected with, commercial development through pedestrian walkways provided by future development within the PCDP. — Ensure all residential units are located outside the John Wayne Airport 65 dBA CNEL noise contour and Safety Zone 3. E. Relationship to Other Regulations Whenever the provisions of this PCDP conflict with the regulations of the NBMC, the regulations contained herein will prevail. The NBMC including the Zoning Code apply and shall also regulate this development whenever regulations are not provided within this PCDP. Unless otherwise defined herein, all words and phrases used in this PCDP shall have the same meaning and definition as used in the NBMC. Newport Airport Village 4 09 15-65 II. LAND USE AND DEVELOPMENT REGULATIONS II. LAND USE AND DEVELOPMENT REGULATIONS The PC is subdivided into two planning areas. Figure 4 shows the Land Use Map for the PC District with the 65 dBA CNEL noise contour separating the residential use area from the non-residential use area. j John Wayne/Airport O / • w' o Planning Area 1 F p / ifr l ,. Sbo r r Tanning r Area 2 r yi3�o N'U r i�d O' SafetyZoh® !' 262 'Oz LE uo �f Airport Village Land Use; Ng Planning Area 1 - Mixed -Use Residential 7.14 acres c,,,., N—p-8—h GIS �m it Planning Area 2 - Commercial 9.32 acres M.Y 08, 2�]� P< P.F o,,,,,.r, Figure 4 - Land Use Map Newport Airport Village 5 7o 15-66 II. LAND USE AND DEVELOPMENT REGULATIONS A. Permitted Uses Table 1 lists the permitted uses for each planning area of the Planned Community. The uses identified within the table are not intended to be a comprehensive list, but rather major use categories. The Community Development Director may determine other uses not specifically listed herein are allowed or allowed pursuant to a MUP or CUP, provided they are consistent with the purpose of the planning areas, are compatible with surrounding uses, and are not listed as a prohibited use. Table 1 Permitted Uses Uses Planning Areal Planning Area 2 Additional Regulations Residential Multi -unit dwellings P - Live/work units P - Mixed-use development P - Accessory dwelling units P - NBMC 20.48.200 Home Occupations P - NBMC 20.48.110 Residential accessory uses P P and amenities Food, alcohol, entertainment Alcohol sales (off-site) MUP MUP NBMC 20.48.030 Alcohol Sales (on-site) CUP CUP NBMC 20.48.030 Bars, lounge, nightclub CUP CUP NBMC 20.48.030 & 20.48.090 Food service, no late hours MUP MUP NBMC 20.48.030 & 20.48.090 Food service, late hours CUP CUP NBMC 20.48.030 & 20.48.090 Office, retail, service Financial Institutions P P Offices, business & professional P P Offices, medical and dental P P Personal services, general P P Personal services, restricted MUP MUP Retail sales (less than 10,000 sq. ft.) P P Retail sales (greater than 10,000 sq. ft.) P P Other uses Uses not listed herein, but allowed in the OA zone A A Subject to applicable NBMC requirements Newport Airport Village 6 71 15-67 II. LAND USE AND DEVELOPMENT REGULATIONS Table 1 Continued P = Permitted Use CUP = Conditional Use Permit MUP = Minor Use Permit A = Allowed subject to permit requirements provided in Table 2-4 of NBMC Section 20.20.020(C) - = Not Permitted B. Prohibited Uses The following uses shall be expressly prohibited from the PCDP: 1. Any use not authorized by this PCDP unless the Community Development Director determines a particular use consistent with the purpose and intent of the PCDP, 2. Residential dwelling units within (i.e., west of) the 65 dBA CNEL (or above) noise contour from John Wayne Airport (residential accessory uses, and amenities are allowed), 3. Residential dwelling units within John Wayne Airport Safety Zone 3 (residential accessory uses, and amenities are allowed), 4. The following uses, if said structure within 250 feet of any residential dwelling unit: a. Handicraft Industry b. Industry, Small (less than 5,000 sq. ft.) C. Emergency Health Facilities/Urgent Care d. Ambulance Services e. Funeral Homes and Mortuaries f. Maintenance and Repair Services. C. Existing Legal Nonconforming Uses and Structures Existing legally established use and structures that no longer conform to the provisions of this PCDP shall be subject to NBMC Chapter 20.38. D. Land Use Concept Figure 5 depicts the conceptual development plan for Newport Airport Village Planned Community. Multi -story residential structures would be located near the north side of the site in Planning Area 1 and may have a retail/commercial component. Office, commercial and other non-residential buildings would be located south of the residential buildings in Planning Area 2. A landscaped esplanade with open space areas, pedestrian pathways with areas for passive seating, and bicycle facilities will be provided to create an efficient and safe pedestrian -friendly environment interconnecting the various land uses through - Newport Airport Village 7 72 15-68 II. LAND USE AND DEVELOPMENT REGULATIONS out the site with surrounding properties and public ways. Although the PC may not be developed exactly as depicted in the conceptual land use development map, it serves as a demonstration of what could be achieved through the application of the site development standards of this PCDP. E. Development Standards — Planning Area 1(Mixed-Use Residential Area) 1. Permitted Height of Residential or Mixed -Use Structures: No structure, nor any portion of any structure, architectural feature, elevator penthouse, or mechanical equipment shall exceed a height of 85 feet measured consistent with the Zoning Code. 2. Permitted Height of Nonresidential Structures: No structure, nor any portion of any structure, architectural feature, elevator penthouse, or mechanical equipment shall exceed a height of 37 feet measured consistent with the Zoning Code, unless a Site Development Review is approved pursuant to NBMC Section 20.52.080, in which case the maximum shall be 55 feet. 3. Setbacks: Minimum setbacks shall be as follows: a. Buildings, or portion thereof, that are under 20 feet in height shall be setback a minimum of 10 feet from any street property line and a minimum of 5 feet from any internal property line. b. Buildings, or portion thereof, that are 20 feet or greater in height shall be setback a minimum of 20 feet from any street property line and a minimum of 5 feet from any internal property line. 4. Residential Density: Densities shall be a minimum of 30 dwelling units per acre and a maximum of 50 dwelling units per acre, not including density bonus units. 5. Residential Development Limit: A maximum of 329 dwellings units shall be permitted, exclusive of any density bonus as allowed pursuant to California Government Code Section 65915. In addition, residential development (excluding density bonus units) shall be subject to the maximum development allocation for the Airport Area established by General Plan Land Use Policy 6.15.5, or any successor policy or development limit resulting from a future General Plan Update/Amendment, provided that such allocation does not result in a reduction of the 329 permitted dwelling units in Planning Area 1. 6. Floor Area Limit: Floor area for nonresidential uses shall not exceed 94,583 square feet. This floor area limit is based on the conversion of commercial development allowed by the general plan to residential dwelling units pursuant to General Plan Newport Airport Village 8 7S 15-69 II. LAND USE AND DEVELOPMENT REGULATIONS Policy LU6.15.5. The 2006 General Plan allowed a 0.5 FAR (155,509 square feet) that is reduced by 60,926 square feet and converted to allow 329 dwelling units. 7. Common Open Space: All residential development shall incorporate common open space in the amount of 75 square feet per unit with minimum dimensions of 15 feet in any direction. At least half of the common open space shall consist of recreational amenities, including but not limited to the following: a. Swimming pools/spas and adjacent lounging decks b. Exercise facilities C. Tennis courts d. Basketball courts e. Clubhouse rooms f. Roof deck recreation areas g. Community gardens h. Barbecue and other active (e.g. bocce ball) or passive (e.g., reading) courtyards i. Other amenities as deemed appropriate by the Community Development Director Outdoor common areas or recreational areas shall be posted with an outdoor notification sign to users regarding the proximity to John Wayne Airport and presence of operating aircraft. Newport Airport Village 9 74 15-70 II. LAND USE AND DEVELOPMENT REGULATIONS Newport Airport Village z M i 0 Tm �x Newport Airport Village z M 0 Tm 0 N PO c c xc_n rr go m m C W O W T. co v N { Cn � r m CD � m 2 3 3 N v � � 0 � N (D CD m O a1 3 m O C (D 0 O n 0 jc n- �. Newport Airport Village z �m w G) A4aCArt h _. ur Blvd Figure 5 - Conceptual Development Plan 10 7,5 15-71 z M 0 0 rnn V rr o 00U 25-O C � r r G7 m z �m w G) A4aCArt h _. ur Blvd Figure 5 - Conceptual Development Plan 10 7,5 15-71 II. LAND USE AND DEVELOPMENT REGULATIONS 8. Private Open Space: All residential development shall incorporate private open space in the amount of 5% of the gross floor area (minimum) for each unit with a minimum dimension of 6 feet in any direction. 9. Affordability Requirements: Residential development shall include affordable housing as follows: a minimum of 5% of units for very -low income households, or a minimum of 10% of units for low-income households, or a minimum 10% of units for moderate -income households within a common -interest development. The following requirements also apply: a. Affordable units shall be provided on-site. b. Affordable units shall be designed and distributed within the residential as follows: i. Number of Bedrooms. Affordable units shall reflect the range of numbers of bedrooms provided in the residential development project as a whole. ii. Comparable Quality and Facilities. Affordable units shall be comparable in the facilities provided (e.g., laundry, recreation, etc.) and in the quality of construction and exterior design to the market -rate units. iii. Size. Affordable units may be smaller and have different interior finishes and features than the market -rate units, and iv. Location. Affordable units shall be dispersed throughout the residential development, unless clustering is allowed by the review authority. C. An Affordable Housing Implementation Plan (AHIP) shall be prepared and submitted with any site development review application seeking approval of a residential development within the PC District. The AHIP shall clearly demonstrate how the proposed residential development project will meet the affordability requirements of this PCDP and any applicable provisions of the State Density Bonus Law and the Newport Beach Municipal Code. The AHIP shall specify eligible income categories, the amount of the requested density bonus, any concession/incentives requested, and any development standards waivers or modifications sought and justifications for said concessions/incentives or development standard relief. d. Density bonuses/incentives or development standard concessions shall be provided pursuant to NBMC Chapter 20.32 and Section 65915 et. seq of the California Government Code. 10. Sound Mitigation: The interior ambient noise level of all new residential dwelling units shall meet applicable standards of the City's Community Noise Ordinance (NBMC Section 10.26.030). 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. Newport Airport Village 11 70 15-72 II. LAND USE AND DEVELOPMENT REGULATIONS 11. Residential Design: Unless otherwise deemed appropriate by the City's Review Authority all residential and mixed-use buildings shall be generally consistent with the residential design guidelines as set forth in Section IV of the PCDP. 12. 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 higher than a typical suburban residential area. The disclosure statement shall 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 streets) and potential nuisances based upon the allowed uses in the zoning district. Each and every buyer, lessee, or renter shall sign the statement acknowledging that they have received, read, and understand the disclosure statement. A covenant shall also be included within all deeds, leases or contracts conveying any interest in a residential unit within the development that requires: (1) the disclosure and notification requirement stated herein; (2) 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 (3) acknowledgment that the covenant is binding for the benefit and in favor of the City of Newport Beach. 13. Deed notification: A deed notification shall be recorded with the County Recorder's Office, the form and content of which shall be satisfactory to the City Attorney. The deed notification document shall state that the residential unit is located in a mixed-use development and that an owner may be subject to impacts, including inconvenience and discomfort, from lawful activities occurring in the project or zoning district (e.g., noise, lighting, odors, high pedestrian activity levels, etc.). 14. Park Dedications and Fees: All residential subdivisions shall comply with all park dedications and fees, as required in NBMC Chapter 19.52. F. Development Standards — Planning Area 2 (Non -Residential Area) In addition to the additional development standards listed in Section II(F) of this PCDP, the following standards apply to all development in Planning Area 2. 1. Permitted Height of Structures: No structure, nor any portion of any structure, architectural feature, elevator penthouse, or mechanical equipment shall exceed a height of 37 feet, unless a Site Development Review is approved pursuant to Newport Airport Village 12 77 15-73 II. LAND USE AND DEVELOPMENT REGULATIONS NBMC Section 20.52.080, in which the review authority may allow buildings or structures to exceed 37 feet to a maximum of 55 feet. 2. Setbacks: Minimum setbacks shall be 15 feet from any street property line and 5 feet from any internal property line. 3. Floor Area Ratio: Floor area ratio shall not exceed 0.5, except for warehouse uses, which are allowed a maximum floor area ratio of 0.75. 4. Lot Size and Dimensions: Newly created lots shall meet the minimum standards for lots provided in NBMC Section 20.20.030 for the OA (Office—Airport) Zoning District. G. Additional Development Standards In addition to the planning area specific development standards listed in Sections II(D) and II(E) of this PCDP, the following standards apply to all development within the Newport Airport Village Planned Community. 1. Maximum Intensity: The total area of all office, retail, and other commercial uses within the Newport Airport Village PC shall not exceed 297,572 square feet. 2. Parking and Circulation: Parking and on-site circulation shall comply with NBMC Chapter 20.40. All proposed development is required to be reviewed and approved by the Planning Division, Public Works Department, the City Traffic Engineer, Fire Department and Building Division. On-site circulation, including but not limited to, driveway location, sight distance, parking lot design, drive aisles, emergency vehicle access and access the disabled shall meet applicable codes, polices and design standards. All approved vehicle entry points to the PC District shall comply with applicable City of Newport Beach Public Works and Fire Department requirements regarding safe and convenient vehicular access. 3. Landscaping: A detailed landscape and irrigation plan shall be prepared by a licensed landscape architect and submitted with the Site Development Review application. Landscaping shall be designed, installed, and maintained in consistent with all requirements of NBMC Chapters 14.17 (Water Efficient Landscaping) and 20.36 (Landscaping Standards). Landscape shall also be maintained in a healthy, weed -free condition, free of litter and consistent with NBMC Section 20.30.130 (Traffic Safety Visibility Area). 4. Pedestrian and Bicycle Connection: All uses in the PC shall be interconnected through safe and efficient pedestrian and bicycle paths, including a pedestrian Newport Airport Village 13 72 15-74 II. LAND USE AND DEVELOPMENT REGULATIONS connection feature between the residential and non-residential components of the PC District. 5. Lighting: A detailed lighting plan with lighting fixtures and standard designs shall be submitted with the Site Development Review application and shall comply with NBMC Section 20.30.070. The lighting system shall be designed and maintained to conceal the light source and minimize light spillage and glare outside of the boundary of the PC District. A minimum average 0.5 foot-candle shall be provided on all driving or walking surface during the hours of operation and one hour thereafter. All lighting shall comply with NBMC Section 20.30.070. 6. Utilities: A Utilities Plan shall be submitted with the Site Development Review application. The final alignment and location of utilities shall be reviewed and approved by the Public Works Department. Adequate access for maintenance vehicles shall be provided. All utilities on private property shall be privately maintained and operated. 7. Air Conditioning Units: The use of individual through -window or through -wall air conditioning units any commercial or residential unit is prohibited. Signs: A comprehensive sign program with sign materials and lighting details shall be submitted with the Site Development Review application. All signage shall comply with the Chapter 20.42 of the Municipal Code. Should a future neighborhood public park be constructed in either Planning Area, the park shall be posted with a notification to users regarding the proximity to John Wayne Airport and aircraft overflight and noise. Outdoor common areas or recreational areas shall also be posted with an outdoor notification sign to users regarding the proximity to John Wayne Airport and presence of operating aircraft. 8. Fences, Hedges, & Walls: Fences, hedges, and walls shall be limited to the following heights, subject to the exceptions contained in NBMC Section 20.30.040: a. Street setback areas — 42 inches b. Interior setback areas — 6 feet C. Between residential uses and nonresidential uses and parking areas — 8 feet 9. Bufferine and Screenin a. General Requirements: Mechanical equipment must be located so that the impact of noise on residential uses is minimized to the greatest extent feasible. Screening shall be maintained in good condition at all times. Landscaping used as screening shall provide a dense, year-round screen. Newport Airport Village 14 15-75 II. LAND USE AND DEVELOPMENT REGULATIONS b. Roof -mounted Mechanical Equipment and Appurtenances: Roof -mounted mechanical equipment and appurtenances may not be visible in any direction (360 degrees) from a public right-of-way or adjacent residential property, as may be seen from a point six feet above ground level. Methods of screening may include mechanical roof wells recessed below the roof line or by solid and permanent roof -mounted screens. Screening must be compatible with the architectural style, materials, and color of the building on which the equipment is located. Supports for window washing equipment are permitted and are not required to be screened from view. No setbacks are required for rooftop mechanical equipment or appurtenances. All roof - mounted mechanical equipment and appurtenances shall be at or below all applicable height limits. C. Ground -mounted Mechanical Equipment: Ground -mounted mechanical equipment shall be screened from public rights-of-way and/or public property as seen from a point six feet above ground level. Methods of screening may include fences, walls, solid hedges, or other similar methods. Chain link fencing is not permitted with or without slats is not allowed. d. Outdoor Storage: Where equipment, material, or merchandise is allowed to be stored outdoors, these items shall be screened from public view and adjacent residential areas using fences, walls, solid hedges, or other methods. Chain link fencing with or without slats is not allowed. e. Solid Waste Storage Areas: New development shall provide adequate, enclosed areas with solid roofs for collecting, storing, and loading solid waste and recyclable materials. The square footage provided for solid waste and recyclable materials storage must be in compliance with NBMC Section 20.30.120. Solid waste and recyclable materials storage areas must be adequate in distribution to serve the project and be screened from public rights-of-way and/or public property as seen from a point six feet above ground level. Screening may consist of solid masonry walls, metal gates, landscaping, or similar methods. Structures used for solid waste screening must be visually compatible with the surrounding structures and must be properly secured to prevent access by unauthorized persons, while allowing authorized persons access for disposal of materials. Newport Airport Village 15 20 15-76 III. ARCHITECTURAL DESIGN CONSIDERATIONS III. ARCHITECTURAL DESIGN CONSIDERATIONS A. General Principles The following general principles shall be considered when siting and designing new development within Newport Airport Village. 1. Development should be designed to convey a unified and high-quality character with use of consistent architectural design vocabulary, materials, and color palette. 2. Building elevations should employ architectural treatments, articulation and modulation of mass to avoid the appearance of monolithic box -like buildings. 3. High-quality doors, windows, moldings, and finishes should be used on elevations visible from streets and pedestrian paths. 4. Roof profiles should be articulated to reduce the appearance of large structures and provide visual interest. 5. Streetscape design and plant materials should reflect the street's location and nature. 6. Abundant use of landscape within interior courtyards, open spaces, and parking areas should be encouraged. 7. The design of parking areas and parking facilities should consider architectural consistency and physical integration with nearby buildings. 8. Open parking lots should be set back from public streets and screened using buildings, decorative walls, berms or dense landscaping. B. Mixed -Use The following principles shall be considered when siting and designing new mixed-use development. 1. Residential uses should be seamlessly integrated with nonresidential uses through pedestrian connections, landscape, and other physical connections. 2. Conflicts between different uses, such as noise, vibration, glare, odors, and similar impacts, should be minimized through careful siting, building design and incorporation of appropriate building materials. 3. Entries for residential units and nonresidential businesses should be separate and well-defined. C. Residential Uses The following principles shall be considered when new development includes residential use. Newport Airport Village 16 21 15-77 III. ARCHITECTURAL DESIGN CONSIDERATIONS 1. Private open space for each residential unit should be usable and functional. 2. Common residential open space should create opportunities for recreation and promote an attractive living environment. D. Office/Commercial Uses The following principles shall be considered when siting and designing new office or commercial development. 1. Building siting should be oriented around public spaces such as plazas, courtyards, walkways, and open spaces. 2. On-site landscaping should emphasize special features such as entryways. 3. Landscape and other amenities should be used to provide visual relief within surface parking lots. 4. A common signage program that reflects the architectural style and character of the development should be prepared to address tenant identification and wayfinding. 5. Common streetscape and lighting programs should be developed to promote pedestrian activity. 6. Site design should provide clear site access, entrance drives and building entries as well as minimize conflicts between service vehicles, private automobiles, and pedestrians. E. Conceptual Images to Guide Development The following images provide general direction to convey the desired quality for new development through architectural massing, detail, variety in building materials and integration of pedestrian -orientation. These images are meant to inspire designers and do not indicate the precise design of future development within Newport Airport Village. The images are grouped by land use type: mixed use, multi -unit residential buildings, and office/commercial development. Newport Airport Village 17 22 15-78 IV. RESIDENTIAL DESIGN GUIDELINES IV. RESIDENTIAL DESIGN GUIDELINES The Newport Airport Village Residential Design Guidelines are intended to set parameters for the design of residential buildings and ensure an appropriate aesthetic quality is provided on all residential buildings. All residential and mixed-use buildings within Newport Airport Village PC should be generally consistent with the guidelines contained in this section of the PCDP. A. Architectural Variety 1. Buildings should utilize more than a single -color on all fagades. 2. Buildings should utilize more than a single finished material on all fagades. For the purpose of this requirement, windows are not considered a finished material. 3. Building should have more than one roof height. The change in roof height shall be at least 5 feet for buildings with a height under 30 feet tall and 10 feet for buildings with a height of 30 feet or more. 4. Buildings should not have blank fagades. For the purpose of these guidelines a blank fagade shall mean, any portion of the fagade that is above the ground level and does not have a window or balcony 15 feet in any direction. B. Windows and Entries 1. The primary pedestrian entry into the building should lead into a common lobby or corridor and shall face the street or a common open space. 2. Ground level dwelling units are encouraged to have an individual primary entry on the exterior fagade of the building. 3. Rain protection should be provided above all pedestrian entries through the use of awnings, porticos, arcades, or the like. 4. Exterior windows and doors should be inset a minimum 2-% inches from the adjoining wall. C. Massing and articulation 1. The first three floors of a building should have a plane -break to divide all street facing facades into segments no more than 30 feet wide. Plane -breaks shall have a minimum depth and width of 5 feet. 2. The fourth floor and above of a building should have a plane -break on all street facing facades. Plane -breaks shall have a minimum depth of 5 feet and be across 25% of the width of the building. Newport Airport Village 21 20 15-82 V. PLAN ADMINISTRATION AND IMPLEMENTATION V. PLAN ADMINISTRATION AND IMPLEMENTATION A. Permit Review Procedures Approval of the Site Development Review application by the City -designated Review Authority consistent with NBMC Chapter 20.52 shall be required prior to the issuance of a grading or building permit for the construction of any new structure within the boundaries of the PCDP. The application shall include all materials necessary to clearly determine consistency with this PCDP and applicable requirements of the Newport Beach Municipal Code. The applicant shall include a descriptive narrative supported by facts, exhibits, or diagrams that clearly show how a proposed development generally conforms to the PCDP design guidelines. B. Parcel or Tract Maps No parcel or tract map shall be recorded prior to the approval of the Site Development Review for the entire project or significant phase so that the responsibility for performance of, and payment for, maintenance are clear. C. Amendments to Planned Community Development Plan Applications for amendments to this Planned Community Development Plan shall follow the process identified in the NBMC Section 20.56.050(E). D. Administrative Responsibility All property within this PCDP shall be subject to NBMC Chapter 20.60 that prescribes the authority and responsibilities of the Newport Beach City Council, Planning Commission, Hearing Officer, Zoning Administrator, and Community Development Director (Planning Director) in the administration of this PCDP and the Zoning Code. E. Enforcement All property within this PCDP shall be subject to NBMC Chapter 20.68 that establishes provisions intended to ensure compliance with this PCDP and the Zoning Code. Newport Airport Village 22 g7 15-83 Attachment D Planning Commission Minute Excerpts Dated June 4, 2020 15-84 Planning Commission Minutes June 4, 2020 ITEM NO. 4. NEWPORT AIRPORT VILLAGE (PA2014-225) Site Location: 4525 MacArthur Boulevard Summary: The applications listed below would allow for the redevelopment of approximately 16.46 acres of the northerly portion of the Campus Tract to create a new mixed-use commercial and residential development. The site is located near at the corner of MacArthur Blvd. and Birch St. in the Airport Area of the City. The site is currently allowed a maximum development of 358,498 square feet of nonresidential uses by the General Plan and Zoning Code. If approved, the requested applications would reduce nonresidential uses to 297,572 square feet and accommodate up to 444 dwelling units on about a 7.14 -acre portion of the project site that is not subjected to excessive noise or within a JWA safety zone that would prohibit residential development. The applicant, requests approval of the following legislative applications from the City of Newport Beach: General Plan Amendment — To designate the site as an Anomaly on Table LU2 — Anomaly Locations of the Land Use Element to change the land use category from AO (Airport Office and Supporting uses) to MU -H2 (Mixed Use Horizontal). The proposed amendment includes no additional dwelling units beyond those currently allowed by the MU -142 land use category of the General Plan. The amendment would allow up to 329 base units that are already allowed by the General Plan and up to 115 additional dwelling units would be allowed pursuant to State density bonus law provided affordable housing units are constructed. • Zoning Code Amendment — To change the zoning district of the project site from OA (Office Airport) to PC (Newport Airport Village Planned Community). • Planned Community Development Plan — To adopt the Newport Airport Village Planned Community Development Plan (PCDP) that will include development and design regulations to allow for mixed-use development with residential dwelling units, office, retail and other commercial development and uses. • Development Agreement — Review of a proposed development agreement that would provide certain rights to develop the project consistent with the PCDP in exchange for negotiated public benefits. Recommended Action: 1. Conduct a public hearing; 2. Find that potential environmental impacts have been previously mitigated through the implementation of the policies of the General Plan as evaluated in Program Environmental Impact Report (PEIR) for the 2006 General Plan Update (SCH No. 2006011119) and the Supplemental Environmental Impact Report (SEIR) for the 2014 Land Use Element Amendment (SCH No. 2013101064); therefore, in accordance with Section 15164 of the California Environmental Quality Act (CEQA) Guidelines, an addendum to the previously adopted PEIR and SEIR is the appropriate environmental documentation for the Project; and 3. Adopt Resolution No. PC2020-020 recommending the City Council adoption of Environmental Impact Report Addendum No. ER2020-002 and approval of General Plan Amendment No. GP2014-004 (including a waiver of the neighborhood park dedication requirement pursuant to General Plan Policy LU 6.15.13), Zoning Code Amendment No. CA2014-009, Planned Community Development Plan No. PC2020-002 (including a waiver of the density standards of General Plan Policy LU 6.15.7 pursuant to Government Code §65915(e)(1), and Development Agreement No. DA2014-003 for the Newport Airport Village Planned Community Project, located at 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 (PA2014-225). Deputy Community Development Director Campbell reported the Planning Commission is not considering a proposed project but establishing the policy framework and regulations under which a future project would be 3of7 15-85 Planning Commission Minutes June 4, 2020 developed at the project site. The project site is located in the Airport Area at the corner of MacArthur Boulevard and Campus Drive near John Wayne Airport. The site contains 16.46 acres and a variety of uses. The General Plan currently designates the site as Airport Office (AO). The General Plan amendment would redesignate the site as Mixed -Use Horizontal 2 (MU -H2), which allows residential uses. Charter Section 423, the Greenlight Initiative, does not require a vote of the electorate for the project because there will be no increases in square footage, housing units, or traffic beyond current General Plan provisions. The applicant seeks to rezone the site to Planned Community (PC). The applicant proposes a Development Agreement that provides vested rights to develop the project and public benefits for the community. Deputy Community Development Director Campbell further reported that the existing zoning allows a 0.5 floor area ratio (FAR) for commercial and office uses and a 0.75 FAR for warehouse uses. The current FAR would allow up to 358,000 square feet of office and commercial uses and vehicle rental facilities. PC zoning would allow commercial floor area up to 297,000 square feet and 329 dwelling units. Under the density bonus, the applicant could request up to a 35 -percent density bonus or 115 units for a total of 444 units. The Planned Community Development Plan (PCDP) provides development standards, design guidelines, and a future review process. Deputy Community Development Director Campbell further reported the MU -H2 designation is specific to the Airport Area and allows the uses existing on the site. The applicant proposes to convert 61,000 square feet of allowed uses to 329 dwelling units. The conversion of uses will be trip neutral. Density bonus units are not regulated by General Plan development limits. The General Plan amendment would add Anomaly Number 86 limiting the site to 297,572 square feet of nonresidential development and 329 dwelling units. Deputy Community Development Director Campbell further indicated the PCDP proposes housing in Planning Area 1 and redevelopment of nonresidential uses in Planning Area 2 over time. The building height limit for Planning Area 1 is 85 feet, and the Federal Aviation Administration (FAA) has indicated it will not be a threat to air navigation. The building height limit for Planning Area 2 is 37 feet, which is consistent with existing AO height regulations. The density bonus law reduces parking requirements and the parking requirements provided in the PCDP are consistent with the municipal code and state density bonus law requirements. Under the Site Development Review process provided for in the proposed PCDP, which is an existing zoning code application review process, the residential component and large office buildings would be presented to the Planning Commission for review and approval and smaller components would either require zoning administrator review or staff review. Deputy Community Development Director Campbell further stated the PCDP does not allow residential development within the 65 -dB CNEL noise contour or JWA Safety Zone 3. The Airport Land Use Commission (ALUC) reviews General Plan amendments, Code amendments, and height changes within the Airport Land Use Plan area. Parking and residential amenities would be allowed in areas within the 65 -dB CNEL noise contour or Safety Zone 3 but not units themselves. A conceptual land use map reflects the possible locations of residences, retail uses, parking, and nonresidential uses. Deputy Community Development Director Campbell further reported the applicant requests a waiver of Land Use (LU) Policy 6.15.7 regarding overall density and housing types. The 329 dwelling units plus 115 density bonus units do not comply with the density criteria of the policy. Based on constraints in the Airport Area, staff recommends waiving the policy because State law prohibits a city from applying a development standard that will physically preclude a density bonus project. LU Policy 6.15.13 requires developments in the AirportArea to provide parkland and allows the City to waive the requirement with the payment of an in -lieu fee. Locating a park outside the 65 -dB CNEL and Safety Zone 3 would reduce the number of dwelling units that could be constructed. The applicant proposes to pay an in -lieu fee, and staff recommends waiving the policy based on the constraints of the site and the location proximate to John Wayne Airport. Deputy Community Development Director Campbell indicated the Development Agreement provides a term of 15 years for residential development and 20 years for nonresidential development, a $6 million public benefit fee paid in three installments, an in -lieu fee of $2.5 million for a 1 -acre park, and a $1 million public safety fee. Deputy Community Development Director Campbell stated the City prepared an addendum to the 2006 General Plan Program Environmental Impact Report (PEIR) and 2014 Land Use Element Supplemental Environmental 4 of 7 15-86 Planning Commission Minutes June 4, 2020 Impact Report (SEIR) and it identified no new impacts. Next steps include an ALUC public hearing in July and a subsequent City Council public hearing. In response to Chair Koetting's questions, Deputy Community Development Director Campbell advised that in 2007 the City Council established the value of parkland as $2.5 million per acre. Staff has negotiated the Development Agreement with the applicant, and the applicant has agreed to the terms provided in the draft attached to the staff report. In reply to Commissioner Klaustermeier's inquiries, Deputy Community Development Director Campbell indicated the payments required in the Development Agreement are in addition to statutory fees charged to a development project. The financial analysis found that servicing residential units costs the City more than servicing existing uses. Increased property taxes will largely fund those costs. The positive impact in the conclusion of the analysis comes from the build out of the General Plan causing revenues to increase more than costs. The cost to service residential projects will likely never exceed revenue because Development Agreement fees also offset costs. In answer to Vice Chair Weigand's queries, Deputy Community Development Director Campbell explained that the Regional Housing Needs Assessment (RHNA) is a planning target rather than a construction target. If the project is approved, it would be an opportunity site for the upcoming 2021-2029 Housing Element. The applicant proposes to construct 329 base units and with a 20% density bonus, and the density bonus requires 5% very low- income units, 10% low-income units, or 10% moderate -income units; these percentages are the minimum amount of affordable units that must be constructed. In response to Commissioner Ellmore's query, Deputy Community Development Director Campbell related that density bonus units will not be optional because the City will waive land use policies based on a density bonus project. As the approval is currently structured, a future project will have to contain an affordable component. In answer to Commissioner Kleiman's inquiries, Deputy Community Development Director Campbell explained that the park in -lieu payment will be deposited into a fund for the park service area; however, City Council policy allows the Council to allocate park in -lieu fees to a community -wide park. Balancing housing and environmental preservation is the general theme of residential development. New sites for housing may be proposed during public meetings for the Housing Element Update. In reply to Commissioner Rosene's questions, Deputy Community Development Director Campbell indicated when a residential project is proposed for the site, the Planning Commission will review it to ensure it complies with affordable housing requirements contained in the PCDP. Assistant City Attorney Summerhill advised that five General Plan amendments may be considered in a year. In response to Chair Koetting's queries, Deputy Community Development Director Campbell noted the ALUC has provided a letter that suggests locating residential units outside the 65 -dB CN EL and Safety Zone 3, but staff has not had any detailed discussions with the ALUC. Staff has not received any comments from the City of Irvine. John Wayne Airport submitted a letter expressing concern about traffic volumes, but staff felt traffic volumes would not result in specific impacts. Commissioner Rosene disclosed he visited the site and he had a conversation with the applicant's agent. Commissioners Kleiman, Klaustermeier, and Ellmore disclosed that they had communications with the applicant's consultant. Chair Koetting disclosed no ex parte communications. Vice Chair Weigand disclosed that he had conversations with the applicant's consultant and a member of the public. Chair Koetting opened the public hearing. Patrick Strader, applicant's representative, shared the history of the property owner's pursuit of a General Plan amendment. The constraints on the site make residential development difficult. The current project is the result of many consultations with staff and modifications of the project. In reply to Chair Koetting's inquiries, Mr. Strader advised that construction would not occur for several years. The owner of the small parcel in the area of the project site does not wish to be a part of the project. 5 of 7 15-87 Planning Commission Minutes June 4, 2020 Jim Mosher was unclear whether parkland referenced in the Airport Area section of the Land Use Element is to be located in the Airport Area or the service area. No public comment period was provided for the environmental documents. He questioned whether a development project will need a vehicle miles traveled (VMT) analysis. In response to Vice Chair Weigand's questions, Mr. Strader indicated the property owner purchased the parcels at different times. A future development partner will be needed for the residential development of Planning Area 1. There are no plans to develop Planning Area 2 in the near future. In answer to Commissioner Ellmore's query, Sean Matsler, applicant representative, indicated the property owner has four leases with businesses on the site that extend to 2038, which is the reason the Development Agreement provides 20 years for nonresidential development. In reply to Commissioner Kleiman's inquiries, Mr. Strader explained that the price points and project scope for residential units will be similar to the Uptown Newport project. Mr. Matsler reported soil studies will be conducted as part of future applications for residential development. With no other speakers, Chair Koetting closed the public hearing. Motion made by Commissioner Kleiman and seconded by Commissioner Ellmore to approve the staff recommendation. AYES: Koetting, Weigand, Ellmore, Klaustermeier, Kleiman, Rosene NOES: ABSTAIN: ABSENT: Lowrey VIII. STAFF AND COMMISSIONER ITEMS ITEM NO. 5 MOTION FOR RECONSIDERATION None ITEM NO. 6 REPORT BY THE COMMUNITY DEVELOPMENT DIRECTOR OR REQUEST FOR MATTERS WHICH A PLANNING COMMISSION MEMBER WOULD LIKE PLACED ON A FUTURE AGENDA. Deputy Community Development Director Campbell reported that on May 26, 2020, the City Council adopted an Urgency Ordinance that allows the Community Development Director to issue emergency temporary use permits for use of public and private properly to allow businesses to expand to provide for physical distancing. Approximately 15 permits have been issued. He reviewed agenda items for the June and July Planning Commission meetings. In response to Chair Koetting's questions, Deputy Community Development Director Campbell indicated the Planning Commission reviewed the car wash project on Jamboree more than a year ago. He will include in the staff report information about the applicant's work with neighbors. In reply to Commissioner Kleiman's questions, Assistant City Attorney Summerhill advised that staff can schedule a comprehensive agenda item regarding the RHNA numbers in relation to the Greenlight Initiative. Deputy Community Development Director Campbell explained that Commission officer elections will occur in July. The City Council should fill vacant Planning Commission positions in the next week. ITEM NO. 7 REQUESTS FOR EXCUSED ABSENCES None X. ADJOURNMENT — 8:09 p.m. 6of7 Attachment E Planning Commission Resolution No. PC2020-20 (excluding exhibits) 15-89 RESOLUTION NO. PC2020-020 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH, CALIFORNIA RECOMMENDING THE CITY COUNCIL ADOPTION OF ENVIRONMENTAL IMPACT REPORT ADDENDUM NO. ER2020-002 AND APPROVAL OF GENERAL PLAN AMENDMENT NO. GP2014-004, ZONING CODE AMENDMENT NO. CA2014-009, PLANNED COMMUNITY DEVELOPMENT PLAN NO. PC2020-002, AND DEVELOPMENT AGREEMENT NO. DA2014-003 FOR THE NEWPORT AIRPORT VILLAGE PLANNED COMMUNITY PROJECT LOCATED AT 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 (PA2014-225) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. An application was filed by Saunders Property Company ("Applicant"), with respect to property located at 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 within the northerly portion of the Campus Tract, generally bounded by Birch Street, Campus Drive, MacArthur Boulevard and the extension of Corinthian Way ("Property"). See Exhibit "A" for legal description. 2. The Applicant proposes a Planned Community Development Plan that would allow redevelopment of the 16.46 -acre Property with up to 329 residential dwelling units, exclusive of any density bonus as allowed pursuant to California Government Code Section 65915; and up to 297,572 square feet of office, retail, and commercial use ("Project"). 3. The Property is designated AO (Airport Office and Supporting Uses) by the City of Newport Beach General Plan ("General Plan") Land Use Element and is located within the OA (Office -Airport) Zoning District. 4. The Applicant, requests the following approvals from the City of Newport Beach ("City"): General Plan Amendment (GP2014-004) ("GPA") — A request to change amend the General Plan Land Use Designation of the Property from AO (Airport Office and Supporting Uses) to MU -H2 Mixed -Use Horizontal 2 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; 15-90 Planning Commission Resolution No. PC2020-020 Paae 2 of 24 • Zoning Code Amendment (CA2014-009) — A request to change the zoning district of the Property from OA (Office Airport) to PC -60 (Newport Airport Village Planned Community); • Planned Community Development Plan (PC2020-002) ("PCDP") — A request to adopt the Newport Airport Village Planned Community Development Plan ("PCDP"). The PCDP sets the development design and use standards for the Property; • Development Agreement (DA2014-003) ("DA") — A request for a Development Agreement between the Applicant and the City, which would provide vested rights to develop the planned community, while also providing negotiated public benefits; and • Addendum to the 2006 General Plan Update and the 2014 Land Use Element Amendment Environmental Impact Reports (ER2020-002) — Pursuant to the California Environmental Quality Act ("CEQA"), the addendum will address reasonably foreseeable environmental impacts resulting from the Project. 5. The Property is not located within the coastal zone; therefore, amending the Local Coastal Program or a coastal development permit is not required. 6. A study session was held on April 23, 2020, in the Council Chambers located at 100 Civic Center Drive, Newport Beach to introduce the Project to the Planning Commission. No action was taken at the study session. 7. The Planning Commission held a public hearing on June 4, 2020, 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 California Government Code Section 54950 et. seq. ("Ralph M. Brown Act") and Chapters 15.45 (Development Agreements) and 20.62 (Public Hearings) of the Newport Beach Municipal Code ("NBMC"). Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this hearing. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. On July 25, 2006, the City Council adopted Resolution No. 2006-75, thereby certifying the adequacy and completeness of the Environmental Impact Report ("EIR") for the General Plan 2006 Update (SCH No. 2006011119). The EIR was prepared in compliance with the CEQA 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"). This PEIR analyzed the potential impacts of a citywide land use plan, and the goals and policies of 10 general plan elements. The General Plan designates the Property as AO (Airport Office and Supporting Uses). The designation would allow up to 358,498 square feet of office based on the allowable 15-91 Planning Commission Resolution No. PC2020-020 Paae 3 of 24 0.5 floor area ratio ("FAR"). The AO land use designation is intended to allow uses that support or benefit from operations of the adjoining John Wayne Airport. These may include professional offices; aviation; retail; automobile rental, sales, and service; hotels and ancillary retail, restaurant, and service uses. This designation specifies an FAR of 0.5, except for warehousing, which may be developed at an FAR of 0.75. 2. Additionally, the City Council adopted Resolution Nos. 2007-79 and 2012-62 on December 11, 2007 and July 24, 2012, respectively. These resolutions approved CEQA addendums 1 and 2 to the PEIR for the General Plan 2006 Update to analyze changes to the development intensities within the North Newport Center Planned Community (NNCPC) Development Plan. No analysis of the Property was included in these addendums. 3. On July 22, 2014, the City Council adopted Resolution 2014-65, thereby certifying the adequacy and completeness of a Supplemental EIR No. ER2014-002 (SEIR) as part of an update to the Land Use Element of the General Plan (SCH No. 2013101064). The SEIR was prepared in compliance with CEQA, CEQA Guidelines and City Council Policy K-3. The SEIR focused on a General Plan Land Use Element Amendment proposing both reduced and increased development capacities in various areas of the City. The amendment that was the focus of the SEIR designated the Property as MU -H2 (Mixed - Use Horizontal 2), among other changes to the General Plan Land Use Element. The SEIR analyzed the impacts of potential development of an additional 238,077 square feet of office space and 329 dwelling units at the Property in addition to the 358,498 commercial floor area allowed by the general plan prior to the amendment. The MU -H2 designation applies to properties located in the Airport Area. It provides for a horizontal intermixing of uses that may include regional commercial office, multifamily residential, vertical mixed- use building, industrial, hotel rooms, and ancillary neighborhood commercial uses. As a result of failing to obtain voter approval in the November 2014 general election, as required by Charter Section 423, the General Plan Land Use Element amendment was not approved or implemented; however, City Council Resolution No. 2014-65 certifying the SEIR remains valid and effective because it was not rescinded by the outcome of the vote or by action of the City Council. 4. 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 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 15-92 Planning Commission Resolution No. PC2020-020 Paae 4 of 24 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 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 iv. 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. 5. The Applicant is proposing to amend the General Plan Land Use Designation from Airport Office (AO) to Mixed Use Horizontal 2 (MU -H2) and to amend Table LU2 (Anomaly Locations) to add the Property as Anomaly No. 86; and rezone the Property from OA (Office Airport) to PC (Newport Airport Village Planned Community). This change will allow the construction of 329 dwelling units, exclusive of any permitted density bonus, and 297,572 square feet of commercial uses. The commercial floor area is a reduction from what the General Plan currently would allow for the Property. The dwelling units would come from the remaining portion of the 2200 units currently allocated to properties designated MU -H2 in the Airport Area by the General Plan Land Use Element and the units would not increase planned residential development in the area. Due to the similarity between the proposed project and the prior project considered in the PEIR and SEIR, an Addendum to the EIR was prepared pursuant to Section 15162 (Subsequent EIRs and Negative Declarations) and 15164 (Addendum to an EIR or Negative Declaration) of the CEQA Guidelines. 6. The following environmental topics were analyzed for the proposed Project: Aesthetics, Agriculture and Forestry Resources, Air Quality, Biological Resources, Cultural Resources, Energy, Geology and Soils, Greenhouse Gas Emissions, Hazards and Hazardous Materials, Hydrology, Land Use and Planning, Mineral Resources, Noise, Population and Housing, Public Services, recreation, Transportation, Tribal Cultural Resources and Utilities and Service Systems. The Addendum includes analysis of new topics that were not included in the previous EIRs; specifically, it includes a new energy section and a new wildfire section. These additional analyses are appropriate for inclusion in the Addendum, 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. 15-93 Planning Commission Resolution No. PC2020-020 Paae 5 of 24 7. On the basis of the entire environmental review 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) or the SEIR for the update to the Land Use Element of the General Plan (SCH No. 2013101064). The potential impacts associated with this Project would either be the same or less than those described in either the PEIR or SEIR that have been appropriately mitigated. 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 or SEIR, 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 and SEIR is the appropriate environmental document for the Project. In taking action to approve any of the requested applications for the proposed Project, the data presented in the PEIR and SEIR, as augmented by the Addendum for this Project, are considered as part of the record. 8. The Addendum to the PEIR and SEIR, is hereby recommended for adoption by the City Council given its analysis and conclusions. The Addendum to the PEIR and SEIR and all materials, which constitute the record upon which this decision was based, are on file with the Planning Division, City Hall, 100 Civic Center Drive, Newport Beach, California. 9. The Planning Commission 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 3. FINDINGS. L General Plan Amendment Amendments to the General Plan are a legislative act. Neither Title 20 (Planning and Zoning) of the Newport Beach Municipal Code, the Charter of the City of Newport Beach, nor California Government Code Section 65350 et seq. set forth any required findings for either approval or denial of amendments to the General Plan. Notwithstanding the foregoing, the proposed amendments are consistent with the General Plan for the reasons provided hereafter: The request is to amend the General Plan Land Use designation from AO (Airport Office and Supporting Services) to MU -H2 (Mixed -Use Horizontal 2). According to the General Plan, "The MU -H2 designation applies to properties located in the Airport Area. It provides for a horizontal intermixing of uses that may include regional commercial office, multifamily residential, vertical mixed-use buildings, industrial, hotel rooms, and ancillary neighborhood commercial uses." The PCDP would provide for a combination of residential development, airport supporting uses, and a variety of commercial land uses consistent with the description of the MU -H2 land use category. 15-94 Planning Commission Resolution No. PC2020-020 Paae 6 of 24 2. The GPA does not eliminate existing or future land uses to the overall detriment of the community given the site's size, location, and surrounding uses. Designating the Property to MU -H2 without the development capacity allows the Property to be developed with residential or mixed-use development consistent with other sites in the Airport Area. 3. The GPA is consistent with the following General Plan policies (additional policy analysis is included in the EIR Addendum attached hereto as Exhibit B): a. Land Use Element Policy LU 1.1 - Unique Environment: Maintain and enhance the beneficial and unique character of the different neighborhoods, business districts, and harbor that together identify Newport Beach. Locate and design development to reflect Newport Beach's topography, architectural diversity, and view sheds. The PCDP enhances the distinct, urban character of the Airport Area by providing a means for replacing parking lots and small-scale commercial structures with attractive and functional mixed-use development, in line with the General Plan goal of transitioning the Airport Area to a mixed-use community. The Property is not in or near any of the City's areas featuring the harbor, unique topography, or view sheds. The proposed project would introduce a mix of land uses, including residential units to the Property consistent with the uses and urbanized character of the JWA area and the MU -H2 designation. b. Land Use Element Policy LU 2.3 - Range of Residential Choices: Provide opportunities for the development of residential units that respond to community and regional needs in terms of density, size, location, and cost. Implement goals, policies, programs, and objectives identified within the City's Housing Element. c. LU 3.8 Project Entitlement Review with Airport Land Use Commission -. Refer the adoption or amendment of the General Plan, Zoning Code, specific plans, and Planned Community development plans for land within the John Wayne Airport planning area, as established in the JWA Airport Environs Land Use Plan (AELUP), to the Airport Land Use Commission (ALUC) for Orange County for review, as required by Section 21676 of the California Public Utilities Code. In addition, refer all development projects that include buildings with a height greater than 200 feet above ground level to the ALUC for review. The project is within the boundaries of the Airport Environs Land Use Plan (AELUP). The overseeing agency, ALUC, must review the proposed General Plan Amendment and PCDP pursuant to Government Code §65302.3 and Public Utilities Code §21676. The purpose of the review is to determine the project's consistency with the AELUP prior to the City Council taking action on the proposed project. The residential units would be limited to a 6.02 -acre portion of the 16.46 -acre project site that is subject to noise ranging between 60 dB CNEL and less than 65 dB CNEL and not located within JWA Safety Zone 3. All residential types are deemed "conditionally consistent" with nearby aircraft operations by AELUP provided sound attenuation is provided and notification of future residents and the public is posted. The PCDP 15-95 Planning Commission Resolution No. PC2020-020 Paae 7 of 24 includes regulations for sound attenuation and the posting of signs in outdoor common areas and a neighborhood park if developed. The residential portion of the project is located in JWA Safety Zone 6 and the AELUP allows residential uses in that zone. The PCDP does not introduce any new noise -sensitive uses that are inconsistent with AELUP Noise Impact Zones or compatibility qualities of the AELUP Safety Zones. Despite the project's consistency with the AELUP, the ALUC may find the project inconsistent and should they do so, approval of the project would require the Newport Beach City Council to override this determination with a two-thirds vote. The PCDP allows for multi -family residential uses, including affordable units, offering a variety of product types that can respond to market needs and diversify the City's housing stock. d. Land Use Element Policy LU 5.1.1 - Compatible but Diverse Development: Establish property development regulations for residential projects to create compatible and high-quality development that contributes to neighborhood character. The PCDP includes development standards and residential design guidelines to create a compatible and high-quality development that contributes to the emerging urban neighborhood character of the Airport Area. e. Land Use Element Policy LU 5.4.1 - Site Planning: Require that new and renovated office and retail development projects be planned to exhibit a high-quality and cohesive "campus environment, " characterized by the following: • Location of buildings around common plazas, courtyards, walkways, and open spaces, • Incorporation of extensive on-site landscaping that emphasizes special features such as entryways, • Use of landscape and open spaces to break the visual continuity of surface parking lots, • Common signage program for tenant identification and wayfinding, • Common streetscapes and lighting to promote pedestrian activity, • Readily observable site access, entrance drives and building entries and minimized conflict between service vehicles, private automobiles, and pedestrians. The development of the Planned Community will result in high quality, cohesive development based upon the PCDP regulations. Pedestrian and bicycle connections are required between the residential areas and non-residential areas, primary access to the residential buildings will face a public right-of-way or central courtyard, and signs will be reviewed to ensure compatibility with the development. f. LU 6.15.1. Land Use Districts and Neighborhoods. Provide for the development of distinct business park, commercial, and airport -serving districts and residential 15-96 Planning Commission Resolution No. PC2020-020 Paae 8 of 24 neighborhoods that are integrated to ensure a quality environment and compatible land uses. High quality, integrated development, including mixed use, residential, office, and retail uses, is addressed through the Land Use and Development Regulations (Section II), Architectural Design Considerations (Section III), and Residential Design Guidelines (Section IV) sections of the PCDP provide a comprehensive set of standards and guidelines to implement this policy. g. LU 6.15.2. Underperforming Land Uses. Promote the redevelopment of sites with underperforming retail uses located on parcels at the interior of large blocks for other uses, with retail clustered along major arterials (e.g., Bristol, Campus, MacArthur, and Jamboree), except where intended to serve and be integrated with new residential development. The PCDP facilitates the reuse of underperforming properties by allowing the addition of mixed-use and residential use. Land Use and Development Regulations (Section II), Architectural Design Considerations (Section III), and Residential Design Guidelines (Section IV) provide a comprehensive set of standards and guidelines to promote high-quality new development. h. LU 6.15.3. Airport Compatibility. Require that all development be constructed in conformance with the height restrictions set forth by Federal Aviation Administration (FAA), Federal Aviation Regulations (FAR) Part 77, and Caltrans Division of Aeronautics, and that residential development be located outside of the 65 dBA CNEL noise contour specified by the 1985 JWA Master Plan. The Project would be constructed in conformance with the FAA's height restrictions, and all residential development would be located outside the 65 dBA CNEL noise contour and outside the boundaries of Safety Zone 3 where high density residential development is not allowed. The Applicant has received a determination of no hazard to aviation with development up to 85 feet in height from the FAA. LU 6.15.4 Priority Uses. Accommodate office, research and development, and similar uses that support the primary office and business park functions such as retail and financial services, as prescribed for the "CO -G" designation, while allowing for the re -use of properties for the development of cohesive residential villages that are integrated with business park uses. Office and commercial uses would be compatible with residential uses in accordance with the Land Use and Development Regulations (Section II) and Architectural Design Considerations (Section III) of the PCDP. Residential uses would support local retail, restaurants, and services. The PCDP design and connectivity requirements would integrate residential and non-residential uses and ensure adequate circulation and parking within the PC District. 15-97 Planning Commission Resolution No. PC2020-020 Paae 9 of 24 j. LU 6.15.5 Residential and Supporting Uses. Accommodate the development of a maximum of 2,200 multi -family residential units, including work force housing, and mixed-use buildings that integrate residential with ground level office or retail uses, along with supporting retail, grocery stores, and parklands. Residential units may be developed only as the replacement of underlying permitted nonresidential uses. When a development phase includes a mix of residential and nonresidential uses or replaces existing industrial uses, the number of peak hour trips generated by cumulative development of the site shall not exceed the number of trips that would result from development of the underlying permitted nonresidential uses. However, a maximum of 550 units may be developed as infill on surface parking lots or areas not used as occupiable buildings on properties within the Conceptual Development Plan Area depicted on Figure LU22 provided that the parking is replaced on site. The GPA and PCDP provides development capacity and standards for mixed-use development. The proposed development limit is 329 dwelling units (plus up 115 density bonus when affordable housing is provided) and 297,572 square feet for commercial development. The Property is not located within the Conceptual Development Plan Area depicted on Figure LU22, and therefore, any residential units allocated to the site are not any portion of the 550 infill units allocated to the Conceptual Development Plan Area As described in Chapter 3 of the Addendum, the Project's residential uses would replace some of the permitted underlying commercial development capacity. Specifically, the 329 units would replace 60,926 square feet of permitted retail commercial uses using the City -approved Airport Area Residential and Mixed -Use Adjustment factors prepared by the City Traffic Engineer to ensure that the number of peak hour trips generated by the redevelopment of the Property would not exceed the number of trips attributable to the existing permitted non-residential uses. Any density bonus units, up to 115 units in this case are above and beyond what the General Plan allocates in accordance with Chapter 20.32 (Density Bonus) of the Newport Beach Municipal Code and State law. Two (2) projects have been approved within the Airport Area to date. Uptown Newport was approved for 632 replacement units, 290 additive units, and with a density bonus of 322 units for a total of 1,244 residential units. Newport Crossings was approved for 259 replacement units and 91 density bonus units. Therefore, the total remaining number of replacement units is 759 units and the 329 units requested by the applicant would not exceed the remaining units to be allocated pursuant to this policy. If approved, 430 replacement dwelling units would be available for other MU -H2 (Mixed -Use Horizontal 2) designated properties in the Airport Area. k. LU 6.15.6. Size of Residential Villages. Allow development of mixed-use residential villages, each containing a minimum of 10 acres and centered on a neighborhood park and other amenities (as conceptually illustrated in Figure LU23). The first phase of residential development in each village shall encompass at least 5 gross acres of land, exclusive of existing rights-of-way. This acreage may include multiple parcels provided that they are contiguous or face one another across an existing street. At the discretion of the City, this acreage may also include part of a contiguous property in a different land use category, if the City finds that a sufficient portion of the 15-98 Planning Commission Resolution No. PC2020-020 Paae 10 of 24 contiguous property is used to provide functionally proximate parking, open space, or other amenity. The "Conceptual Development Plan" area shown on Figure LU22 shall be exempt from the 5 -acre minimum, but a conceptual development plan described in Policy LU 6.15. 11 shall be required. The Property is 16.46 acres in total area and does not include a centered public park. The Property is not identified on Figure LU22 or Figure LU23. The first phase, Planning Area 1, allows residential and mixed-use development is 7.14 acres and would be developed in one phase. The remaining area would be developed in subsequent phases after existing commercial leases expire. The Applicant requests the City Council waive the park dedication requirement pursuant to Policy LU 6.15.13 and instead, pay the park in -lieu fee. If the City Council waives the dedication requirement, the proposed project is consistent with this policy. 1. LU 6.15.7. Overall Density and Housing Types. Require that residential units be developed at a minimum density of 30 units and maximum of 50 units per net acre averaged over the total area of each residential village. Net acreage shall be exclusive of existing and new rights-of-way, public pedestrian ways, and neighborhood parks. Within these densities, provide for the development of a mix of building types ranging from townhomes to high-rises to accommodate a variety of household types and incomes and to promote a diversity of building masses and scales. The residential component of the Project is 329 units (without density bonus units) within the 16.46 -acre residential village and the density is about 20 du/ac and below the minimum 30 du/ac standard. If the density bonus units were included, the result would be about 27 du/ac. To comply, additional units would need to be included and required to be replacement units pursuant to Policy LU 6.15.5, meaning the additional units would come at the expense of underlying permitted non-residential uses. The 16.46 -acre Property is partially constrained by the JWA 65 dBA CNEL noise contour and all residential use is inconsistent in this high noise area. The Property is also partially constrained by JWA Safety Zones 3 that limits residential uses to very low densities if not deemed unacceptable because of noise. Planning Area 1 is 7.14 acres and the area outside both the 65 dBA CNEL noise contour and Safety Zone 3 where residential use would be allowed consistent with the Airport Environs Land Use Plan for JWA is further limited to 6.02 acres. To comply with the Policy LU 6.15.7, 493 units would need to be constructed on 6.02 acres resulting in a density of 81.9 du/ac units per acre without including potential density bonus units which would exceed the maximum allowable density. However, California Government Code Section 65915(e)(1) prohibits a City from applying a development standard that will have the effect of physically precluding the construction of a development for projects that propose a density bonus. Waiver of height standards, number of stories and setbacks to accommodate project amenities such as an interior courtyard, community plaza and high ceilings have been interpreted as physical constraints that warrant waiver under Section 65915(e)(1). Wollmer v. City of Berkeley, (2011) 193 Cal. App. 4th 1329. With the waiver of LU 6.15.7 pursuant to Government Code §65915(e)(1), the 30-50 du/acre over the total area of each 15-99 Planning Commission Resolution No. PC2020-020 Paae 11 of 24 residential village would not be required. However, the Project would create a 46 du/acre development not including the density bonus units in Planning Area 1 which is within the density range of the Policy LU 6.15.7. m.LU 6.15.8. First Phase Development Density. Require a residential density of 45 to 50 units per net acre, averaged over the first phase for each residential village. This shall be applied to 100 percent of properties in the first phase development area whether developed exclusively for residential or integrating service commercial horizontally on the site or vertically within a mixed-use building. On individual sites, housing development may exceed or be below this density to encourage a mix of housing types, provided that the average density for the area encompassed by the first phase is achieved. The PCDP is divided into two (2) planning areas. Planning Area 1 allows residential and mixed-use development and is 7.14 acres. Three hundred twenty-nine dwelling units constructed over 7.14 acres results in a density of 46 du/acre which is consistent with LU 6.15.8. Planning Area 2 allows commercial development only and is 9.32 acres. n. LU 6.15.9 Subsequent Phase Development Location and Density. Subsequent phases of residential development shall abut the first phase or shall face the first phase across a street. The minimum density of residential development (including residential mixed-use development) shall be 30 units per net acre and shall not exceed the maximum of 50 units per net acre averaged over the development phase. The residential component of the PCDP in Planning Area 1 would be developed in one phase and checked for consistency with this requirement. Planning Area 2 only includes non-residential development. Therefore, there would be no subsequent phases of residential development. o. LU 6.15.12. Development Agreements. A Development Agreement shall be required for all projects that include infill residential units. The Development Agreement shall define the improvements and public benefits to be provided by the developer in exchange for the City's commitment for the number, density, and location of the housing units. The proposed project includes a development agreement which will be implemented through the PCDP. p. LU 6.15.13 Neighborhood Parks Standards. To provide a focus and identity for the entire neighborhood and to serve the daily recreational and commercial needs of the community within easy walking distance of homes, require dedication and improvement of at least 8 percent of the gross land area (exclusive of existing rights- of-way) of the first phase development in each neighborhood, or % acre, whichever is greater, as a neighborhood park. This requirement may be waived by the City where it can be demonstrated that the development parcels are too small to feasibly accommodate the park or inappropriately located to serve the needs of local 15-100 Planning Commission Resolution No. PC2020-020 Paae 12 of 24 residents, and when an in -lieu fee is paid to the City for the acquisition and improvement of other properties as parklands to serve the Airport Area. In every case, the neighborhood park shall be at least 8 percent of the total Residential Village Area or one acre in area, whichever is greater, and shall have a minimum dimension of 150 feet. Park acreage shall be exclusive of existing or new rights-of-way, development sites, or setback areas. A neighborhood park shall satisfy some or all of the requirements of the Park Dedication Ordinance, as prescribed by the Recreation Element of the General Plan. No park is proposed, and the Applicant asks the City Council to waive the requirement. The Applicant believes the location proximate to John Wayne Airport is inappropriate to serve the needs of the area and they have agreed to pay an in -lieu fee consistent with this policy. A significant portion of the Property is impacted by high noise levels and within JWA Safety Zone 3 and locating a park in such areas may not be appropriate or desirable. Additionally, predominant uses in Planning Area 2 are vehicle storage lots for car rental agencies operating with long-term leases. Air quality in the area and the limited residential density planned for the Airport Area are also factors suggesting a new public park within the Property may not be desirable. If the park dedication was required, the best potential location would be within Planning Area 1 outside the 65 dBA noise contour and JWA Safety Zone 3 further reducing the available land for residential or mixed-use development. In this scenario, a 1 -acre dedication of 6.02 acres of relatively unconstrained land is a significant percentage of the area potentially available for residential use. If the dedication were required in conjunction with the first phase density bonus development, the cost of the dedication could render the density bonus financially infeasible. These or other potential factors could provide sufficient grounds for the City Council to waive the dedication requirement. If the City Council chooses not to waive the parkland dedication requirement, development of the future park would be required in accordance with this policy. With either outcome the City Council chooses, neighborhood park dedication or waiver, the Project is consistent with LU 6.15.13. q. LU 6.15.14 Location. Require that each neighborhood park is clearly public in character and is accessible to all residents of the neighborhood. Each park shall be surrounded by public streets on at least two sides (preferably with on -street parking to serve the park), and shall be linked to residential uses in its respective neighborhood by streets or pedestrian ways. No public park is proposed, and the Applicant askes the City Council to waive the neighborhood park dedication requirement pursuant to Policy 6.15.13 and, instead, pay an in -lieu fee. If the City Council acts to waive the park dedication, this policy would not apply. If the City Council chooses not to waive the parkland dedication, development of the future park would be posted as a public park in accordance with this policy. 15-101 Planning Commission Resolution No. PC2020-020 Paae 13 of 24 r. LU 6.15.15. Aircraft Notification. Require that all neighborhood parks be posted with a notification to users regarding proximity to John Wayne Airport and aircraft overflight and noise. The Project would comply with notification requirements related to aircraft overflight and noise if parks are developed. s. LU 6.15.16 On -Site Recreation and Open Space Standards. Require developers of multi -family residential developments on parcels 8 acres or larger to provide on-site recreational amenities. For these developments, 44 square feet of on-site recreational amenities shall be provided for each dwelling unit in addition to the requirements under the City's Park Dedication Ordinance and in accordance with the Parks and Recreation Element of the General Plan. On-site recreational amenities can consist of public urban plazas or squares where there is the capability for recreation and outdoor activity. These recreational amenities may also include swimming pools, exercise facilities, tennis courts, and basketball courts. Where there is insufficient land to provide on-site recreational amenities, the developer shall be required to pay cash in -lieu that would be used to develop or upgrade nearby recreation facilities to offset user demand as defined in the City's Park Dedication Fee Ordinance. The acreage of on-site open space developed with residential projects may be credited against the parkland dedication requirements where it is accessible to the public during daylight hours, visible from public rights-of-way, and is of sufficient size to accommodate recreational use by the public. However, the credit for the provision of on-site open space shall not exceed 30 percent of the parkland dedication requirements. Section II of the PCDP requires 75 square feet of common open space per dwelling unit in a future residential or mixed-use project and it exceeds the minimum standard. Separate from the City's park dedication and/or in -lieu requirement under the General Plan, Chapter 19.52 (Park Dedications and Fees) of the NBMC also require park dedication and/or in -lieu fees in accordance with California Government Code Section 66477 et seq. also referred to as the Quimby Act. However, Chapter 19.52 only applies to subdivisions or condominiums. While the Applicant plans the construction of apartments that would not generate a park dedication requirement, condominium development would be allowed by the PCDP. Should a condominium project be proposed, it would be subject to NBMC Chapter 19.52. Should a future residential development include publicly accessible open space that meets the policy criteria, the Applicant could request a credit toward parkland dedication requirements (if any). Please refer to the discussion of Policy LU 6.15.13 for additional analysis regarding park dedication requirements. t. LU 6.15.17 Street and Pedestrian Grid. Create a pattern of streets and pedestrian ways that breaks up large blocks, improves connections between neighborhoods and community amenities, and is scaled to the predominantly residential character of the neighborhoods. 15-102 Planning Commission Resolution No. PC2020-020 Paae 14 of 24 Any new streets and pedestrian ways in the PC District would be designed to break up large blocks, improve connections and links between uses and be scaled to the residential component of the PC District in Planning Area 1, as described in the Land Use and Development Regulations (Section II) and Architectural Design Considerations (Section III), of the PCDP. The City would confirm compliance during future Site Development Review process. u. LU 6.15.21 Required Spaces for Primary Uses. Consider revised parking requirements that reflect the mix of uses in the neighborhoods and overall Airport Area, as well as the availability of on -street parking. Future development will be required to comply with City of Newport Beach Municipal Code parking requirements, including Section 20.32.040 of the Newport Beach Municipal Code for a density bonus project. The City will confirm compliance with these standards during Site Development Review. 4. City Council Policy A-18 requires that proposed GPAs be reviewed to determine if a vote of the electorate would be required pursuant to Section 423 of the City Charter. If a GPA (separately or cumulatively with other GPAs within the previous ten (10) years) generates more than one hundred (100) peak hour trips (a.m. or p.m.), adds forty thousand (40,000) square feet of nonresidential floor area, or adds more than one hundred (100) dwelling units in a statistical area, a vote of the electorate would be required if the City Council approves the GPA. a. The Property is located in Statistical Area L4. The GPA would change the land use designation only and not result in an increase in development. The 329 dwelling units requested are already included in the MU -H2 development capacity of 2,200 dwelling units and no increase in allowed floor area is proposed. Consequently, there is no increase in a.m. or p.m. peak hour trips pursuant to the Institute of Transportation Engineers ("ITE") trip rates included as Exhibit B of City Council Policy A-18. As a result, the amendment is not classified as a major amendment requiring a vote of the electorate should the City Council choose to approve the GPA. 5. Pursuant to California Government Code Section 65352.3 (SB18), a local government is required to contact the appropriate tribes identified by the Native American Heritage Commission ("NAHC") each time it considers a proposal to adopt or amend the General Plan. If requested by any tribe, the local government must consult for the purpose of preserving or mitigating impacts to cultural resources. The City received comments from the NAHC indicating that four (4) tribal contacts should be provided notice regarding the GPA. The tribal contacts were provided notice on April 29, 2020. California Government Code Section 65352.3 requires notification 90 days prior to Council action to allow tribal contacts to respond to the request to consult. The City was not contacted by any tribal contacts to date. SB 18 requires tribal consultation to be closed prior to the approval of the general plan amendment. Accordingly, consultation must be closed prior to City Council action on the GPA. 15-103 Planning Commission Resolution No. PC2020-020 Paae 15 of 24 H. Zoning Code Amendment and Planned Community Development Plan Amendments to Title 20 (Planning and Zoning) of the NBMC are legislative acts. Neither Chapters 20.66 (Amendments) and 20.56 (Planned Community Development District Procedures) of Title 20 (Planning and Zoning) of the Newport Beach Municipal Code, the Charter of the City of Newport Beach, nor Article 2 (Adoption of Regulations) of Chapter 4 (Zoning Regulations) of Division 1 (Planning and Zoning) of Title 7 (Planning and Land Use) of the California Government Code set forth any required findings for either approval or denial of amendments to the Municipal Code. Nevertheless, rezoning the Property to PC -60 is consistent with the purpose of Planned Community Districts as specified in NBMC Section 20.56.010 for the following reasons: PC -60 provides for the classification and development of 16.46 acres developed land. Permitted and conditionally permitted uses include residential, commercial, and airport supporting uses have been classified. Furthermore, development and use standards have been included in the PC to ensure future use of the Property does not impact the surrounding area. 2. In order to allow the diversification of uses, the PC -60 provides two planning areas; Planning Area 1 allows residential and mixed-use development, while Planning Area 2 allows nonresidential development. This allows future development of the PC to be consistent with the goals and policies of the MU -H2 land use designation horizontal mixed-use standards. To ensure the two planning areas relate to each other and can be integrated, the PC -60 requires internal pedestrian and bicycle connection. 3. The future development of the Property affected by the proposed amendments will be consistent with the goals and policies of the Land Use Element of the General Plan; and will be consistent with the purpose and intent of the PC -60 Development Plan. 111. Development Agreement Development Agreement No. DA2014-003 satisfies the requirements of Chapter 15.45 (Development Agreements) of the NBMC as provided hereafter: A development agreement is requested by the Applicant, as the Project would add more than 50 dwelling units within Statistical Area L4 (Airport Area). The development agreement includes all the mandatory elements including a term of 15 years for the residential portion of the proposed project and 20 years for the commercial portion and public benefits that are appropriate to support conveying the vested development rights consistent with the General Plan, NBMC, and Government Code Sections 65864 et seq. 2. Public benefits include the payment of a $1,000,000 public safety fee to satisfy any obligation the Project could have to provide new emergency response services or Fire Department equipment to serve the Airport Area whether a Community Facilities District is formed or not. The applicant has also agreed to pay a separate public benefit fee to be used by the City Council as it deems appropriate. 15-104 Planning Commission Resolution No. PC2020-020 Paae 16 of 24 SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: The Planning Commission of the City hereby recommends the City Council of the City adopt Environmental Impact Report Addendum No. ER2020-002 to the 2006 General Plan Update (SCH No. 2006011119) and the 2014 Land Use Element Amendment (SCH No. 2013101064) Environmental Impact Reports, as depicted in Exhibit "B." 2. The Planning Commission of the City hereby recommends the City Council of the City approve General Plan Amendment No. GP2014-004 as depicted in Exhibit "C," to change the Land Use Designation of the Property from AO (Airport Office and Supporting Uses) to MU -H2 (Mixed -Use Horizontal 2 and to amend Table LU2 (Anomaly Locations) to add a portion of the Property as an anomaly to allow for the development of 329 dwelling units, exclusive of any permitted density bonus. 3. The Planning Commission hereby recommends the granting of a waiver of the neighborhood park dedication requirement pursuant to General Plan Policy LU 6.15.13 as a public park within the project site would be inappropriately located due to the proximity with John Wayne Airport. 4. The Planning Commission of the City hereby recommends the City Council of the City approve Zoning Code Amendment No. CA2014-009, to rezone the Property from OA (Office Airport) to PC -60 (Newport Airport Village Planned Community), as depicted in Exhibit "D." 5. The Planning Commission of the City hereby recommends the City Council of the City approve Planned Community Development Plan No. PC2020-002 (Zoning) as depicted in Exhibit "E" to set the permitted uses, development standards, and design guidelines for the Property. 6. The Planning Commission hereby recommends the granting of a waiver of the density standards provided in General Plan Policy LU 6.15.7 pursuant to Government Code §65915(e)(1) as it would make a density bonus project infeasible. 7. The Planning Commission of the City hereby recommends the City Council of the City approve Development Agreement No. DA2014-003, as set forth in Exhibit "F." 15-105 Planning Commission Resolution No. PC2020-020 Page 17 of 24 PASSED, APPROVED, AND ADOPTED THIS 4th DAY OF JUNE, 2020. AYES: Ellmore, Klaustermeier, Kleiman, Koetting, Rosene, and Weigand NOES: ABSENT: Lowrey Pet((d Koettint, Chai Lee Lowrey, Secretary 15-106 Attachment F ALUC Staff Report Dated July 16, 2020 15-107 AIRPORT LAND USE COMMISSION ORANGE I COt1NTY FOR ORANGE COUNTY 3160 Airway Avenue • Costa Mesa, California 92626 - 949.252.5170 fax: 949.252.6012 AGENDA ITEM 1 July 16. 2020 TO: Commissioners'Alternates FROM: Lea U. Choum. Executive Officer SUILTECT: City of Newport Beach Request for Consistency Determination for Nex�port Airport Village Planned Community 13ac1c(round The City of Newport Beach is proposing a General Plan Amendment and a Zoning Code Amendment for the Newport Airport Village Planned COmmUnit) %�hich N%ould be located on a 16.46 -acre site adjacent to and just southeast of John Wayne Airport. The property is bound bN Campus Drive, MacArthur Boulevard and Birch Street and includes the following addresses: 4320. 4340. 4360.. 4400, 4500, 4520, 4570, 4600, and 4630 Campus Drive; 4525.4533 and 4647 MacArthur Boulez ard: and 4341.4361. and 4501 Birch Street. The location is shown in Attachment 1. The proposed mixed-use project Incudes construction of up to 444 residential units and ul, t=7 297.000 squdu•c feet of commercial .ind office development. . rc Site is currently designated it the'Newport Beach General Plan as Airport Office (AO) which is intended to provide uses support or benefit from airport operations." including professional offices, aviation retail. automobile rental. sales. and service; :7otcls. and ancillary retail. restaurant and service uses. 1 he General Plan Amendment "ould change the designation to Mixed -Use Horizontal (MU412) which would provide for a mix of multi-farnily residential. hotel. industrial and commercial offices. The proposed General Plan Amendment would allow for 329 residential units, plus an additional 115 units under California Government Code Section 65915 (which allows a density bonus for providing a certain number of affordable units). This would result in a maximum total of 444 residential units on the site, where residential use is currently not allowed. The applicant is requesting a zone change from the current Office Airport (OA) designation to Planned Community (PC) in order to allow for the adoption of the Newport Airport Village Planned Community Development Plan (PC -60). The PC district would allow for the mix of uses delineated in the MU -H2 General Plan area. While no development plans have been submitted. the conceptual plans include residential buildings up to 85 feet in height, commercial buildings up to 55 feet in height, and adjacent parking and open space. 15-108 Agenda 'temill —Newport Airport Village July 16, 2020 Page 2 The project is being referred to your Commission because of the project's location within the Airport Planning Area for John Wayne Airport (JWA) and because the project requires a change to the Newport Beach Zoning Code and a General Plan Amendment. The City of Newport Beach schedule for the proposed project is as follows: April 2020 - Planning Commission Study Session June 2020 - Planning Commission Public Hearing (recommended approval) August 2020 - City Council (tentative) AELUP Issues The project has been evaluated for conflicts with respect to aircraft noise, safety zones, building heights, and overflight. Retarding Aircraft Noise Impacts The proposed project is located partially within the 65 dBA CNEL and partially within 60 dBA CNEL noise contours for JWA (see Attachment 2). The applicant is proposing to locate the residential portion of the project in the 60 dBA CNEL area just outside of, but adjacent to the 65 dBA CNEL contour. The Draft Newport Airport Village Planned Community Dc%elopment Plan (PC -60) indicates in Section F.10. that interior noise attenuation will meet 45 dBA standards. In addition, Section G.12. of the Dc%-elopment Plan states that a written disclosure statement will be provided to owners and residents regarding airport noise. Regarding Height Restrictions In Section 2. 113 of the AELUP for JWA, the has incorporated the standards for height limits for d, ernlining obstructions, and ha". incorporated the definitio.i, ki1""imaginary surfaces" for airpo. t,, w, defined in Federal Avl,:.r:, n Regulations (FAR) Part 'T Tlie proposed project is located «ithin the FAR Part 77 surfaces" referral area (,,cc Attachment 3). The proposed ma\inIun1 height for the project 1.,, 129 feet above mean sea level (AMSL) for the residential buildings and 99 feet AMSL for the comJnercial office buildings. The proposed buildings would not penetrate the obstruction imaginary surface of 200' AMSL. Attachment 4 shows that the proposed project is located within the notification area for JWA which would be penetrated at 72.6 feet AMSL. The proposed maximum building height at this site is 129 feet AMSL and penetrates the notification surface. The City of Newport Beach included in their June 29, 2020, submittal to ALUC, an FAA Determination of No Hazard to Air Navigation (Aeronautical Study No. 2020 -AWP -4497 -OE) which showed that a height of 85 feet above ground level, or 129 feet AMSL would not exceed obstruction standards and would not be a hazard to air navigation as long as certain standard conditions are met. ALUC staff contacted the FAA with a question regarding this Determination (Aeronautical Study No. 2020 -AWP -4497 -OE) and was told by FAA staff that this 15-109 Agenda Item ill — Newport Airport Village July 16, 2020 Page 3 Detennination of No Hazard was terminated, and is now invalid. The FAA website confirms that this Aeronautical Study/Determination is invalid (see Attachment 5). ALUC staff then contacted the City of Newport Beach staff, and the city provided an FAA Determination of No Hazard for a structure up to 80 feet in height, or 124 AMSL (Aeronautical Study No. 2020 -AWP -3998 -OE). Therefore, the only valid Determination of No Hazard to Air Navigation (FAA Aeronautical Study No. 2020 -AWP -3998 -OE) for this project site is for a building of 80 feet above ground level, or 124 feet AMSL (see Attachment 6). Regarding Flight Tracks and Safety Zones As shown in Attachment 7, the proposed project is located within Safety Zones 3 and 6. The applicant is proposing to locate the residential portion of the development in Safety Zone 6 - Traffic Pattern Zone. According to the California Airport Land Use Planning Handbook, noise and overflight should be considered in Safety Zone 6. The commercial part of the project would be located in Safety Zone 3 — Inner Turning Zone. The California Airport Land Use Planning Handbook policies for Safety Zone 3 are to avoid commercial and other nonresidential uses having high intensities (no more than 100-150 people per acre on average, and no more than 300 to 450 people per single acre in urban areas). John Wayne Airport Noise Office provided flight tracks for the property on two separate days in January (see Attachment 8). As shown on the exhibits, on Sunday, January 19, 2020, there were 19 operations directly over the property with an average altitude of 350 feet AMSL. With a proposed maximum building height of 129 AMSL, these flights would be, on average, only 221 feet above the building with many of the flights closer. On Thursday, January 23, 2020, there were 40 flights directly over the property with an average altitude of 409 feet AMSL. The location of this high intensit} project within Safety Zones 3 and 6, and directly under the flight path of regular general a� iation flights. suggests t,iat it would be prudent to exclude the residential use at the proposed project site. Heliports No heliports are proposed as part of this project. The proposed Newport Airport Village Planned Community Development Plan included in the attached City of Newport Beach ALUC submittal does not include heliports in this area. If a heliport use were proposed in the future, an amendment to the Planned Community would be required, thereby triggering ALUC review. Environmental Compliance The City has determined that the proposed project will not result in any new significant impacts that were not previously analyzed in the Program EIR for the 2006 General Plan Update and Supplemental EIR for the 2014 Update to the Land Use Element of the General Plan. Therefore, the City has determined that an Addendum to the previous Environmental documents will suffice for the proposed project. 15-110 Agenda Item #1- Newport Airport Village July 16, 2020 Page 4 Conclusion Attachment 9 includes letters sent to the City of Newport Beach from ALUC and John Wayne Airport regarding the proposed project. The City of Newport Beach submittal to ALUC is provided in Attachment 10. ALUC staff has reviewed this project for compliance with the AELUP for John Wayne Airport (JWA) including review of noise, height restrictions, overflight and imaginary surfaces. The recommendation below is based on the project's introduction of residential and high-intensity commercial uses in close proximity to John Wayne Airport. Recommendation: That the Commission find the proposed General Plan Amendment and Zoning Change for the Newport Airport Village hnconsistent with the AELUP far JT17A per: 1. Section 2. 1.1 Aircraft Noise that the "aircraft noise emanating from airports may be incompatible with general welfare of the inhabitants within the vicinity of an airport." 2. Section 2.1.2 Safety Compatibility Zones in «hich "the purpose of these zones is to support the continued use and operation of an airport by establishing compatibility and safety standards to promote air nax ivational safety and to reduce potential safety hazards for persons living, working or recreating near JWA." 3. Section 2. l.3 Building Height Restrictions which states that -,the results of an aer )Kftl cal study conducted by fire FAA... will be utilized to help determine if a structure will have an adverse et'iek t on the airport or on acr«riautica' operations." The Aeronautical study provided «�r f')r structures 124 feet A\]') L. wliilti the General Plan AniciiiImcnt and Development l'1 .) indicate the maximum 1161-J11 WOUld be 129 feet AiMSL. and 4. Section 2.1.4, and PUC Section 216-4 «-hich state that the Commission is charged by PUC Section 21674(a) "to assist ]tail agencies in ensuring compatible land use,, in the vicinity of ...existing airports to the extent that the land in the vicinity of those airports i� not already devoted to incompatible uses," and PUC Section 21674(b) "to coordinate planning at the state, regional and local levels so as to provide for the orderly development of air transportation, while at the ,arae time protecting the public health, safety and welfare." Respectfully submitted, Lea U. Choum Executive Officer 15-111 Agenda Item #1— Newport A rport Village July 16, 2020 Page 5 Attachments: 1. Project Location 2. JWA CNEL Contours 3, Obstruction Imaginary Surfaces 4. FAR Part 77 Notification Area for JWA 5. FAA Aeronautical Study No. 2020 -AWP -449" -OE 6. FAA Aeronautical Study No. 2020 -AWP -3998 -OE 7. JWA Safety Zones 8. JWA Flight Tracks 9. Letters from JWA and ALUC to City of Newport Beach 10. Newport Beach Submittal 15-112 ATTACHMENT 1 15-113 SyJ �� �� ��.._ r r l- f �f• •-� - � q'��ysr' '� � �.,r � r'y li�� �,ir`.� - wXrti d • 1R 1 4^ ��.. I.F_.�h"*�+,�. �� titi '++� ,- :� �7r V� 1 � � - y R • Rte,, tiL � � r -- .-. �r •` �'` rib.wy �J: :.4 1iV -.,.�� `�f`,, Qr+T Ufa. � � � • � ,tri wti p • y r ,r _ If 5 4rw��r'4 ;. "y+'�.� �[%'fr 1 � ��-�O �-I�;Yr �. rr% �, � Pi ' !{�•�}�� T -k gir— .sr VA 47 � d r w 4'� �' • r� O• T7 +� C F "7 f 'Ilk w.;3n;- y �.� �,� ,T �- r --$k'-•" , .5 -•_ �',`S•,�, f-. a"A •j'�. �G �F �,. � 1.1 � � ..1 f, Mi.1 s, r ATTACHMENT 2 15-115 ATTACHMENT 3 15-117 ATTACHMENT 4 15-119 ATTACHMENT 5 15-121 The site will be off-line intermittently all day Saturday, 11 Auly 2C,0 fo- upgrade, Pledge pfa�l a::, ord ugly. Federal Aviation Administration Search Archived Cases Searches - Desk Reference Guide V_20118.2 0 Search the entire archive of QEIAAA cases. Enterlselect any combination of fields to construct a desired q.:ery Note. the system returns a maximum of 2000 records. Please enter a valid AS". The ASN you requested ::'as terminated and is no longe+ valid. For additional information click here to contact th appropriate representative. Search For: {* Off Airport Cases or () On Airport Cases Year: 2020 v ASN: 2020 v - AVVP - b497 - OE FAA Reg"san; v FCC Number: City: Status: All v State. y 7460-2 Filed: L-._-- J Search for OE/AAA off airport cases by Signature Control Number Th s number is located on the bottom of ielters and postcards Signature Control Number: _] _ ==� 15-122 Mail Processing Center Federal Aviation Administration Southwest Regional Office Obstruction Evaluation Group 10101 Hillwood Parkway Fort Worth, TX 76177 Issued Date: 04/28/2020 Patrick B. Strader Starpointe Ventures 19700 Fairchild Road Suite 240 Irvine, CA 92612 Aeronautical Study No. 2020 -AWP -4497 -OE Prior Study No. 2020 -AWP -3998 -OE ** DETERMINATION OF NO HAZARD TO AIR NAVIGATION ** The Federal Aviation Administration has conducted an aeronautical study under the provisions of 49 U.S.C., Section 44718 and if applicable Title 14 of the Code of Federal Regulations, part 77, concerning: Structure: Building Newport Airport Village Location: Newport Beach, CA Latitude: 33-40-13.00N NAD 83 Longitude: l 17-5 2-00.00 W Heights: 44 feet site elevation (SE) 85 feet above ground level (AGL) 129 feet above mean sea level (AMSL) This aeronautical study revealed that the structure does not exceed obstruction standards and would not be a hazard to air navigation provided the following condition(s), if any, is(are) met: It is required that FAA Form 7460-2, Notice of Actual Construction or Alteration, be a -filed any time the project is abandoned or: __ .—. At least 10 days prior to start of construction (7460-2, fart 1) _X_ Within 5 days after the construction reaches its greatest height (7460-2, Part 2) Based on this evaluation, marking and lighting are not necessary for aviation safety. However, if marking. lighting are accomplished on a voluntary basis, we rk commend it be installed in accordance with FAA Advisory circular 70,7460-1 L Change 2. This determination expires on 10.281021 unless: (a) the construction is started (not necessarily completed) and FAA Form 7460-2, Notice of Actual Construction or Alteration, is received by this office. (b) extended, revised, or terminated by the issuing office. (c) the construction is subject to the licensing authority of the Federal Communications Commission (FCC) and an application for a construction permit has been filed, as required by the FCC, within 6 months of the date of this determination. In such case, the determination expires on the date prescribed by the FCC for completion of construction, or the date the FCC denies the application. Page I of 4 15-123 NOTE: REQUEST FOR EXTENSION OF THE EFFECTIVE PERIOD OF THIS DETERMINATION MUST BE E -FILED AT LEAST 15 DAYS PRIOR TO THE EXPIRATION DATE. AFTER RE-EVALUATION OF CURRENT OPERATIONS IN THE AREA OF THE STRUCTURE TO DETERMINE THAT NO SIGNIFICANT AERONAUTICAL CHANGES HAVE OCCURRED, YOUR DETERMINATION MAY BE ELIGIBLE FOR ONE EXTENSION OF THE EFFECTIVE PERIOD. This determination is based, in part, on the foregoing description which includes specific coordinates, heights, frequency(ies) and power. Any changes in coordinates, heights, and frequencies or use of greater power, except those frequencies specified in the Colo Void Clause Coalition; Antenna System Co -Location; Voluntary Best Practices, effective 21 Nov 2007, will void this determination. Any future construction or alteration, including increase to heights, power, or the addition of other transmitters, requires separate notice to the FAA.This determination includes all previously filed frequencies and power for this structure. If construction or alteration is dismantled or destroyed, you must submit notice to the FAA within 5 days after the construction or alteration is dismantled or destroyed. This determination does include temporary construction equipment such as cranes, derricks, etc., which may be used during actual construction of the structure. However, this equipment shall not exceed the overall heights as indicated above. Equipment which has a height greater than the studied structure requires separate notice to the FAA. This determination concerns the effect of this structure on the safe and efficient use of navigable airspace by aircraft and does not relieve the sponsor of compliance responsibilities relating to any law, ordinance, or regulation of any Federal, State, or local government body. If we can be of further assistance, please contact our office at (206) 231-2877, or Nicholas. Sanders@faa.gov. On any future correspondence concerning this matter, please refer to Aeronautical Study Number 2020- AWP-4497-OE. 020- AWP-4497-OE. Signature Control No: 436817885-437918405 { D4 C } Nicholas Sanders Technician Attachment(s) Map(s) Page 2 of 4 15-124 TOPO Map for ASN 2020 -AWP -4497 -OE ILI - Y 'dr '�« r w `aiu weer Ira . .' � , - ��, _ j '.� rid _• �� - � � -,rte �"��1' Y• r. ry �, ^ ��� � ', 1. � ! r i � •• �� � — " �I . - - j..t.Et�-.. � �' tarTe mow• t �l+r � - � , e�� .•'� ' • 7 i � `' �-:. ,, F,� •kms Ikep .� �i3+'.R ��e c.�;t- I%• Nf'i.' l 1 �> p} -� '�` v 7!4 .' w sA^d w. r�1. ! • •ter Tax-..,.—�_ •_�,` .1 � .. �� � � `�"• � - � '^� ;� 1z .•; �. � . t: -? a}J�a kewn ��-� -•� 'R _r_�'pi�'`� cwt+ '� ��•. T ,��} •y '.. � �'� �' � 4 jt- µLy y f �^ � i jT jig T' 'G ��� �� *e r. , $�' lam' • � � � A t F 41 e G. � _ "T' i'i � p.- s M•� '} �-+li�a.. �a i.#� ,� ".%�4 -:��. �.a'. �.:.:' Page 3 of 4 15-125 Sectional Map for ASN 2020 -AWP -4497 -OE 96= L 31'1,22-95' - _`� DISNEYC4NUTHEI 44 41 � S4,,AAF (SL'I} 5 bldg 18.875 3T9.9?5 BO'" ""� ♦ JoWN,WAYNE ,525 ORANGE C,b (SN 0_0Coo T-1199 *126.8 HUNTIN N ATISil 26.0 p1 56 L 57 4.22; 9 RP,�2F. 20R me 54 35 54 25 316.125_ M 5 15 See Note.for requ JYOGI o! 2 8 , SANTA ANA RC61' LRIVERSIDEJi \ 762 44---, UC S F C- Page 4of4 1 dio 1 44 SIG 35 PE ERA"AAQ 3ments,,,, _ r3 50- RV A KR0LAKE 7, Ab-'LASkCJ NTA ANSA 15-126 ATTACHMENT 6 15-127 Mail Processing Center Federal Aviation Administration Southwest Regional Office Obstruction Evaluation Group 10101 Hillwood Parkway Fort Worth, TX 76177 Issued Date: 04/16/2020 Patrick B. Strader Starpointe Ventures 19700 Fairchild Road Suite 240 Irvine, CA 92612 Aeronautical Study No. 2020 -AWP -3998 -OE ** DETERMINATION OF NO HAZARD TO AIR NAVIGATION ** The Federal Aviation Administration has conducted an aeronautical study under the provisions of 49 U.S.C., Section 44718 and if applicable Title 14 of the Code of Federal Regulations, part 77, concerning: Structure: Building Newport Airport VIllage Location: Newport Beach, CA Latitude: 33-40-13.00N NAD 83 Longitude: 117-52-00.00W Heights: 44 feet site elevation (SE) 80 feet above ground level (AGL) 124 feet above mean sea level (AMSL) This aeronautical study revealed that the structure does not exceed obstruction standards and not be a hazard to air navigation provided the following condition(s), if any, 'is( are) met: It is required that FAA Form 7460-2, N, i iice of Actual Constr L .1tin or Alteration, be e -filed any time the project is abandoned or: At lean 10 days prior to start of construction (7460-2, Part 1) _X� ithin 5 days after the construction reaches its greatest height (7460-2, Part 2) Based on this evaluation, marking and lighting are not necessary for aviation safety. However, if marking.: lighting are accomplished on a voluntary basis, we recommend it be installed in accordance with FAA Advisory circular 70 7460-1 L Change 2. This determination expires on 10: 16.`2021 unless: (a) the construction is started (not necessarily completed) and FAA Form 7460-2, Notice of Actual Construction or Alteration, is received by this office. (b) extended, revised, or terminated by the issuing office. (c) the construction is subject to the licensing authority of the Federal Communications Commission (FCC) and an application for a construction permit has been filed, as required by the FCC, within 6 months of the date of this determination. In such case, the determination expires on the date prescribed by the FCC for completion of construction, or the date the FCC denies the application. Page 1 of 4 15-128 NU t h: KEQUES I PUK EX I ENSIGN OF THE EFFECTIVE PERIOD OF THIS DETERMINATION MUST BE E -FILED AT LEAST 15 DAYS PRIOR TO THE EXPIRATION DATE. AFTER RE-EVALUATION OF CURRENT OPERATIONS IN THE AREA OF THE STRUCTURE TO DETERMINE THAT NO SIGNIFICANT AERONAUTICAL CHANGES HAVE OCCURRED, YOUR DETERMINATION MAY 13E ELIGIBLE FOR ONE EXTENSION OF THE EFFECTIVE PERIOD. This detennination is based, in part, on the foregoing description which includes specific coordinates, heights, frequency(ies) and power. Any changes in coordinates, heights, and frequencies or use of greater power, except those frequencies specified in the Colo Void Clause Coalition; Antenna System Co -Location; Voluntary Best Practices, effective 21 Nov 2007, will void this determination. Any future construction or alteration, including increase to heights, power, or the addition of other transmitters, requires separate notice to the FAA.This determination includes all previously filed frequencies and power for this structure. If construction or alteration is dismantled or destroyed, you must submit notice to the FAA within 5 days after the construction or alteration is dismantled or destroyed. This determination does include temporary construction equipment such as cranes, derricks, etc., which may be used during actual construction of the structure. Hom ever, this equipment shall not exceed the overall heights as indicated above. Equipment ,Nhich has a height greater- than the studied structure requires sepLirate notice to the FAA This determination concerns the effect of this structure on the safe and efficient use• of navigable airspace by aircraft and doe-; not relieve the sponsor of compliance responsibilities relating to any law, ordinance, or regulation of any Federal, State, or local government body. If we can be of further assistance, please contact our office at (206) 231-2817, or Nicllolas.Sanders(c:t,�faa.gov. On any fixture correspondence concerning this matter. please refer to Aeronautical Study Number 2020- AWP-3998-OE. Signature Control No: 435810593-436724664 ( DNE ) Nicholas Sanders Technician Attachment(s) Map(s) Page 2 of 4 15-129 A. %.FA V ItAi0Lii AV'Y a kl *. * Irti'i V'Zy. Tr 1-.»J"fS-"L' ff 7T°i�ra — } y5r* v s et 7 4, �Fx,�" . �� 744_. �,� .. �' i >=_, a4#� /10 Tl E ! �f ! + ;.►z.i a... i� ..-. � 1... � � .�■ � 1i.k{tw df ice+ - X1'15 � �L� -y *.•Y.' � h-'F� �,{* Y'�'�+ *SIF/ NA db IYv11F !Y # Ft- w #~�.!{ f{ ,.J# 'k * Ll 4rM/' ; R s - �' r #� s A + { :.,,-9,✓ , � " � t , Y _.N, 'p'�-_ss ,� #'�`. �r ,�ii"r �+' '� -' , � ,j � may..", C3` +s Ap r 16 Jo cif #4rf.. r,aTx�. t 'r� . "� "`6 ~'}' t ��$ r r r •` � ifs . w 4 . � { . ,l _ ; F.iCRi¢ __ T 47 t {{ Page 3 of 4 15-130 6ec[1onal map Ior AMN MU-AWY-3998-Uh i2 4 � DISNEYLAND�THEME.PARK ,G�o ��i4HE1M See' Notejo*r r`equiremen s,� 4 5,;,,,AAF (SL 189. 875 3' So r.. -� L Jo* HUNTINiC, .�� PI r r WPOR 54 `35 54 '25 z / x-44 4 75 561 `'_ �, 44 � � 120 25 Bldgs /•\moo JOH', NAWAYNE '::��N z %_Q RANGE CO (SNAv /I ��/ 7 "T• 1199 */126.8* Q5 ATIS,/126.8 �/ -SANTA ANA RC_O' i6 L 57 ` 22:95 RIVERSIDE RP 2R120R k 44 76 425 o SFC 555. 54 O� 315) jti o - BALBO N*. l radio #owe 44 SIGNAL rj PEAK Opp"_ 54 KRAUZ �R 15 .. MI NOE La n a Bea Page 4 of 4 -,3 5 0 RVI�V� LAKE �o cAQTIOn ANA F{I LLS D I ANTA ANA CLASS --CA 15-131 ATTACHMENT 7 15-132 AELUP-2007/}wasIzonerf-NewportAirportViloge. dgn 15-133 ATTACHMENT 8 15-134 John Wayne Airport Flight Tracks Newport Airport Village Sunday, January 19, 2020 19 Operations I Avg. Altitude = 398 ft. MSL 15-135 Flight Tracks for Newport Airport Village* Sunday, January 19, 2020 (Standard Operations) Time Aircraft Type Altitude (Feet AMSQ 9:09:17 0172 613 9:40:08 P28A 295 10:55:52 0172 133 11:57:43 BE33 236 12:11:38 R22 313 12:28:54 P28A 414 12:29:45 EVSS 458 12:46:39 C210 190 13:22:07 C172 405 13:24:10 C172 391 14:21:37 C172 317 14:29:59 C172 260 14:33:46 EVSS 381 14:47:00 E300 737 14:49:36 C172 321 15:54:18 0152 391 16:30:51 EVSS 721 17:20:24 BL8 495 18:24:04 P28A 498 Avg. Alt. (ft) MSL 398 * Includes all flights directly over: 4320, 4340, 4360, 4400, 4500, 4520, 4570, 4600, and 4630 Campus Drive; 4525, 4533 and 4647 MacArthur Boulevard; and 4341, 4361, and 4501 Birch Street. loft 15-136 John Wayne Airport Flight Tracks Newport Airport Village Thursday, January 23, 2020 40 Operations I Avg. Altitude = 412 ft. MSL 15-137 Flight Tracks for Newport Airport Village* Thursday, January 23, 2020 (Standard Operations) Time Aircraft Type Altitude (Feet AMSL) Time Aircraft Type Altitude (Feet AMSLj 7:18:22 C182 326 12:56:06 C172 267 9:14:39 M20P 415 13:00:43 C172 352 9:16:52 CRUZ 421 13:02:46 C172 289 9:30:55 R44 442 13:09:05 C172 324 9:48:24 C172 390 13:19:48 0182 437 10:01:44 C172 401 13:42:01 P28A 245 10:06:43 C172 392 14:04:24 0172 230 10:35:05 R44 414 14:06:04 C172 498 10:42:33 R44 401 14:14:54 C172 455 11:01:14 AS50 311 14:18:22 AL3 521 11:11:33 C172 405 15:16:14 C172 537 11:19:47 C120 189 15:33:24 E300 738 11:20:53 R44 536 15:33:49 RV6 478 11:45:22 E300 887 15:55:08 CH7B 402 11:49:01 EVSS 285 16:37:10 EVSS 61 11:58:29 C172 413 16:40:32 0150 401 12:19:00 C182 359 16:59:21 BLS 299 12:23:53 P28A 277 17:00:37 R22 439 12:35:16 HXA 420 17:13.13 R22 267 12:36:13 C172 367 17:27:37 SR22 1182 Avg. Alt. (ft) MSL 412 * Includes all flights directly over: 4320, 4340, 4360, 4400, 4500, 4520, 4570, 4600, and 4630 Campus Drive; 4525, 4533 and 4647 MacArthur Boulevard; and 4341, 4361, and 4501 Birch Street. 7 a1 1 15-138 ATTACHMENT 9 15-139 JRANGE CAUNTY AIRPORT LAND USE COMMISSION FOR ORANGE COUNTY 3160 Airway Avenue • Costa Mesa, California 92626 - 949.252.5170 fax: 949.252.6012 April 22, 2020 City of Newport Beach Planning Commission 100 Civic Center Drive Newport Beach, CA 92660 Subject: Planning Commission Agenda Item No. 2 - Study Session for Newport Airport Village Planned Community (PA2014-225) Dear Planning Commissioners: Thank you for the opportunity `o provide comments on the proposed Newport Airport Village Planned Community. The proposed project would egWre a General Plan Amendment, Zoning ::. a Amendment, a Planned Community Development Plan and a Development Agree-`ent. The proposed mixed-use project includes Construction of up to 444 residential utft`ts and up to 297,000 square feet of commercial and office development on parcels adj-,ent to John Wayne Airport. The properties proposed for development are 4-1 currently desil,.nated by the General Plan as Airport Office and Supporting Uses (AO) and zoned as Office Airp rt (OA). A portion of the project site is located within the 65 CNEL noise contour and the remainder is located within the 60 CNEL noise contour. Noise sensitive uses such as residential are considered inconsistent with the 65 CNEL contour and should 4e limited or excluded within the 60 CNEL contour, unless sufficiently sound attenuated (as indicated in the Airport Environs Land Use 'Plan for John Wayne Airport). The proposed project site falls within Safety Zone 6, Traffic Pattern Z-ong and a portion of the site als falls within Safety Zone 3, the Inner Turnijtg Zane, fox JWA. This zone limits residential uses and nonrdidential uses having moderate or higher usage intensities, and buildings with more than three aboveground habitable floors are generally unacceptable. The proposed project site is within the Obstruction Imaginary Surfaces for JWA. Proposed building heights should be evaluated so that they do not penetrate the obstruction imaginary surfaces as the airspace above these surfaces are reserved for air navigation. The notification surface would be penetrated at approximately 59 feet Above Mean Sea Level (AMSL). With a ground elevation of approximately 44 feet AMSL, any buildings above 15 feet would penetrate the notification surface, which requires FAA notification. As such, Form 7460-1 Notice of Construction or Alteration should be submitted. The 15-140 FAA's lead time to complete an airspace determination is approximately eight weeks, so we recommend that it be submitted as soon as possible. Since this project requires changes to the Newport Beach General Plan and Zoning Code, the City must submit the project to the Airport Land Use Commission for a consistency determination. ALUC would hear the item after the FAA Determination is completed, but before City Council public hearing. Thank you again for the opportunity to review and comment on this agenda item. Please feel free to contact me at (949) 252-5123 or at lchoum@ocair.com with any questions. Sincerely, Lea U. Choum, Executive Officer cc: ALUC Commissioners Gregg Ramirez, City of Newport Beach 15-141 v I RPORT ORANOE COUNTY Barry A. Rondinella A A.VC.A.E Airport Mecter 3160 Airway Avenue Costa Mesa. CA 92626-4608 (949) 252.5171 (949) 252.5178 FAX www.ocair corn April 22, 2020 City of Newport Beach Planning Commission 100 Civic Center Drive Newport Beach, CA 92660 Subject: Planning Commission Agenda Item No. 2 - Study Session for Newport Airport Village Planned Community (PA2014-225) Dear Planning Commissioners: Thank you for the opportunity to provide comments on the proposed Newport Airport Village Planned Community. The proposed project would require a General Plan Amendment, Zoning Code Amendment, a Planned Community Development Plan and a Development Agreement. The proposed mixed-use project includes construction of up to 444 residential units and up to 297,000 square feet of commercial and office development on parcels adjacent to John Wayne Airport. The properties proposed for development are currently designated by the General Plan as Airport Office and Supporting Uses (AO) and zoned as Office Airport (OA). Due to the limited information provided in the staff report for this item, only general comments are provided at this time. The proposed project site is within Safety Zone 3, the Inner Turning Zone, for JWA. This zone limits residential uses and nonresidential uses having moderate or higher usage intensities and buildings with more than three aboveground habitable floors are generally unacceptable. Based on the Vicinity Map included as Attachment 1 of the staff report, a portion of the project site is located within the 65 CNEL noise contour and the remainder is located within the 60 CNEL noise contour. Noise sensitive uses such as residential are considered inconsistent with the 65 CNEL contour and should be limited within the 60 CNEL contour as indicated in the Airport Environs Land Use Plan for John Wayne Airport. The Conceptual Land Use Map in Attachment 3 of the staff report shows at Ieast two access points off of Campus Drive, directly across from John Wayne Airport. We are concerned about the amount of traffic that would be generated from this proposed high-intensity use on the street that provides primary access to the airport. John Wayne Airport is opposed to the project, as proposed, for the reasons provided above. We would like to be included on any further plans, environmental documents or proposed actions regarding this project. 15-142 Thank you again for the opportunity to review and comment on this agenda item. Please feel free to contact me at (949) 252-5270 or at Iserafini@ocair.com. Sincerely, L. G.: Deput cc: Barry L. Rondinella, Airport Director Gregg Ramirez, City of Newport Beach 15-143 ATTACHMENT 10 15-144 ��WPp�T k iyU ow c'4CIFO RNP June 29, 2020 Lea Choum, Executive Officer Airport Land Use Commission for Orange County John Wayne Airport 3160 Airway Avenue Costa Mesa, CA 92626 100 Civic Center Drive Newport Beach, California 92660 949 544-3200 newportbeach. a.gov/communitydevelopment RECC1VED JUN 2 9 2024 MA RE: Newport Airport Village (PA2014-225) Northerly portion of the Campus Tract, generally bounded by Birch Street, Campus Drive, MacArthur Boulevard and the extension of Corinthian Way 4341, 4361, and 4501 Birch Street 4320, 4340, 4360, 4400, 4540, 4500, 4520, 4570, 4600, and 4630 Campus Drive 4525, 4533 and 4647 MacArthur Boulevard Dear Ms. Choum: Pursuant to Section 4.7 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 proposed Newport Airport Village project for consistency with the AELUP at its July 16, 2020, meeting. Proled Summary The applicant requests legislative approvals consisting of a General Plan Amendment (GPA), Zoning Code Amendment to approve the Newport Airport Village Planned Community Development Pian (PCDP), and a Development Agreement (DA) for the 16.46 -acre project site within the Campus Tract, adjacent to the John Wayne Airport (JWA) Ultimately up to 444 dwelling units (329 base units and 115 density bonus units) and 297,572 square feet of retail, office, and airport supporting uses could be accommodated at the project site. The GPA would change the land use category of the site from AO (Airport Office) to MU -H2 (Mixed Use Horizontal 2). The change would permit the site to be developed with residential units currently provided for within the MU -H2 land use category. The site currently has a non-residential development limit of 358,498 gross square feet. No development capacity increase above what the City's General Plan currently allows for the Airport Area is proposed. The PCDP would establish permitted uses, development standards, and design guidelines for the future redevelopment of the project site with mixed-use and commercial development. The applicant requests a development agreement that would provide rights to develop the PCDP and public benefits consisting of the payment of substantial fees not otherwise required. No specific development project is included in this application. Future development projects would go through the City's existing Site Development Review process prior to building permit issuance. Minor development might be approvable at the staff level and more significant projects will require a public hearing with either the Zoning Administrator or Planning Commission depending upon the size of the project. Required Approvals Development of the proposed project requires the following approvals from the City: ApprovalWh, is It required? _ General Plan Amendment (GPA) To change the General Plan Land Use Designation of the project site from Airport Office (AO) to Mixed Use Horizontal 2 (MU -H2) and to amend Table LU2 (Anomaly Locations) to add the project site as an anomaly to allow for the development of 329 dwelling units, plus the potential for 115 density bonus units and 297,572 square feet of non- residential floor area. Currently, the General Plan allows 358,498 square feet of commercial development. See Attachment No. ALUC 2 for the GPA exhibit. Zoning Code Amendment and To change the zoning district of the project site from OA Adoption of Planned Community (Office Airport) to PC (Newport Airport Village Planned Do velopment Plan (PCDP) Community) and to adopt the Newport Airport Village Planned Community Development Plan (PCDP). The PCDP sets the development, design and land use standards for the project site. Maximum allowed building height proposed is 85 feet for residential and mixed-use strucwre-. and 37 feet for commercial structures. Refer to Attachment No. ALUC 3 for the PCDP which provides more details regarding allowed land uses and development standards. DevelopmentAgreement(DA) The applicant has requested a development agreement, which will provide for public benefits as the project is implemented. Addendum to two previous To address reasonably foreseeable environmental impacts Environmental Impact Reports resulting from the requested approvals pursuant to the ('Ao'dendum) California Environmental Quality Act (CEQA). It should be noted that the City's Planning Commission voted unanimously (6 - 0) at its June 4, 2020 meeting to recommend the City Council certify the Addendum and approve the project. 2 15-146 Prolect Location The 16.46 -acre project site is generally located southeast of John Wayne Airport and is west of MacArthur Boulevard, south of Campus Drive, north of Birch Street, and about 550 feet north of Dove Street (Attachment No. ALUC 1). The John Wayne Airport 65 -decibels (dB) Community Noise Equivalent Level (CNEL) noise contour transects the site, running from north to south and approximately half of the project site is located within the 65-dBA CNEL contour. Portions of the project site are also within the John Wayne Airport Safety Zone 3. The project site is currently developed with a variety of commercial uses, including retail, restaurants, rental vehicle facilities and office buildings. Latitude and Lonaltude The table below includes approximate latitude and longitude for the four corners of the property. Corner Latitude Longitude Northwest Corner 33.67134° N 117.865170 W Southwest Comer 33.668590 N 117.86862° W Northeast Comer 33.67049° N 117.86453° W Southeast Corner 33.667780 N 117.866940 W Surrounding Bulldina Heiehts Please refer to Attachment No. ALUC 4 to view the heights of buildings within a 1,000 -foot radius of the subject property. Surrounding Land Uses Please refer to Attachment No. ALUC 5 for land use exhibit and a table listing existing land uses on the subject properties. FAA Filinn The applicant received a Determination of No Hazard to Air Navigation from the Federal Aviation Administration (FAA) on April 28, 2020, for buildings up to 85 feet (Attachment No. ALUC 6). The FAA Form 7460-2 (Notice of Actual Construction or Alteration) must be filed electronically within five (5) days after the construction reaches its greatest height. The determination stated that while marking and lighting are not necessary, should they be included, the installation and maintenance would be in accordance with the FAA Advisory circular 7017460-1 L. JWA Related Information Noise and Safety) Noise Contours — The proposed project is located within Noise Impact Zone `V — High Noise Impact (65 -dB CNEL and above) and Noise Impact Zone "2" — Moderate Noise impact (60 -dB CNEL or greater, less than 65 -dB CNEL). Pursuant to the proposed PCDP regulations, no residential or mixed-use land uses are allowed within Noise Impact Zone 1. The PCDP further requires that residential construction comply with Newport Beach Municipal Code (NBMC) Section 10.26.030, which requires that the interior ambient noise level of the dwelling units does not exceed 45 dBA between 7:00 a.m. and 10:00 p.m., 40 dBA between 10:00 p.m. and 7:00 a.m_ Additionally, the PCDP requires notification signs to be placed in outdoor open areas and recreation areas. Residential use is considered "conditionally consistent" with the airport by the 3 15-147 AELUP provided interior noise mitigation and exterior notice as described is provided. Please see pages 5 to 7 of the PCDP (Attachment No. ALUC 3) for a land use map and land use regulations related to noise. Runway Protection Zone (RPZ) —The proposed project is not located in the RPZ Safety Zones — Portions of the site are located in John Wayne Airport Safety Zone 3 and Safety Zone 6. Pursuant to the proposed PCDP regulations, no residential units would be allowed within Safety Zone 3. Please see pages 5 to 7 of the PCDP (Attachment No. ALUC 3) for a land use map and land use regulations. See Attachment No. ALUC 7 for location of property relative to safety zones. Traffic Analysis - To assess any potential traffic issues, a traffic analysis was prepared by Urban Crossroads for use in the CEQA analysis based on the Newport Beach Traffic Model (NBTM). When compared to the land uses currently allowed on the site by the current General Plan, the proposed development without the density bonus dwelling units results in four fewer AM peak hour trips, 73 fewer PM peak hour trips and 763 fewer average daily trips (ADT). With the density bonus, proposed development results in an increase of 52 AM peak hour trips, a decrease of 22 PM peak hour trips and a decrease of 199 ADT. As a result of these trip generation changes, the analysis did not identify any intersection or other traffic -related impacts that would be created by the proposed project. The traffic analysis is included as Appendix A to the EIR Addendum (Attachment No. ALUC 8). Please note that since development is not proposed at this time, the traffic analysis compared allowed land uses only. When a development project is proposed in the future. the City will evaluate the specific land uses changes to determine if a traffic study is required. The City's Traffic Phasing Ordinance requires the preparation of a traffic study when a proposed development increases the average daily traffic by 300 trips over existing uses. Additionally, site access vocations for daily use and emergency access will be examined to ensure safe and efficient vehicular circulation and access. EIR Addendum Analysis — Please see Attachment No. ALUC 8. The following sections are most relevant to the project's relationship to JWA: Hazards and Hazardous Materials — Page 116 Land Use and Planning -- Page 140 o Noise -- Page 158 Environmental Impact Report An Addendum to Program Environmental Impact Report (PEIR) for the General Plan 2006 Update (SCH No. 2006011119) and Supplemental EIR (SEIR) for the 2014 Update to the Land Use Element of the General Plan (SCH No. 2013101064) was prepared. The Addendum analyzed all required topical sections including those most relevant to JWA operations. These sections include Hazards and Hazardous Materials (page 116), Land Use and Planning (page 140) and Noise (page 158). No significant unavoidable impacts were identified in the analysis. A copy of the Addendum is provided as Attachment No. ALUC 8. 4 15-148 HearinsdMeetina Schedule (Tentative) • Newport Beach Planning Commission -- June 4, 2020 - Unanimously voted 6-0 to recommend City Council approval • Airport Land Use Commission (ALUC) — July 16, 2020 • Newport Beach City Council — August 2020 Should you have any questions concerning the preceding information, I can be reached at dblumenthal d)newoortbeachca.gov or 949-644-3204. Sincerely, David Blumenthal, AICP, Planning Consultant Attachments: ALUC 1. Vicinity Map ALUC 2. General Plan Amendment Exhibit ALUC 3. Proposed PC -60 Development Plan ALUC 4. Building Heights of Surrounding Structures Map ALUC 5. Adjacent Land Uses Map ALUC 6. FAA Determination ALUC 7. JWA Safety Zones ALUC 8. Draft El Addendum (flash Drive) A 15-149 Attachment ALUC 1 Vicinity Map 15-150 Attachment ALUC 2 General Plan Amendment Exhibit 15-152 4 N, AO W -H2 CO -G.. CO -13 4 MI ,., ^ffi. MU -H2 GP2014-004 (PA2014-225) General Plan Amendment NE. n, I City of Newport beach GIS Dvision May 29, 2020 15-153 General Plan Land Use Element Amendment Anomaly Number 86 shall be inserted into Table LU2 and shall read as follows: 15-154 Table LU2 Anomaly Locations nomady ftsr Lana►4{�e NumbQr Res/09OR of ON Umlt Oava/p mentmwlf 00 Aati� onalffifolMeftn 7L4 Nonresidential $6 MU -H2 development 329 dwelling units 297,572 15-154 Attachment ALUC 3 Proposed PC -60 Development Plan 15-155 NEWPORT AIRPORT VILLAGE PLANNED COMMUNITY DEVELOPMENT PLAN PC -60 Adopted XXXXXX, 2020 Ordinance No. XX -2020 15-156 TABLE OF CONTENTS SECTION PAGE I. INTRODUCTION AND PURPOSE.... ..................................................................................... I A. Introduction.....................___................................................................ ,,,,.,.,.....,...,.,....1 B. Location .................................. ........ ............... ......................... ... .. ......................... ... ...1 C. Surrounding Area........................................................................... .. ......, ..,..,................ 3 D, Purpose and Objective .............. .................................... .................... F............................ ,... 4 E. Relationship to Other Regulations .................... ....................... ............................ ......... 4 11, LAND USE AND DEVEtOPMI''NT REGULATIONS.... ... - .......................................................... S A. permitter! I}ses................................,,,.,.,.......,.......... , ......,,,,,,,,,.,......... ..,,.,,,,..,,.. 6 B. Pr4#iibited LJses......,.........................,,,,,,,,,......................................,.,,.,,,,,,.,,,.,..,....,......... 7 C, Existing Legal Nonconforming Uses and Structures........................................................... 7 D, Land Use Concept,.... .................. ...........,.................................................................. 7 E. Development Standards - Planning Area 1(MIxed-Use Residential Area)., .... .................. 8 I=, Development Standards - Pli rnning Area 2 (Non -Residential Area)..........................9,..... 12 G- Additional Development Standards....... ............... ............. ..,,,,,,.......m..........,,...........13 III. ARCHITECTURAL DESIGN CONSMERATIONS A, General Principles.,,.............................................................................. ...................... . 16 Mixed- 'se ................. .............................. ........................,.............,................-... 16 C. Residential Use 16 D. 0ffite/Commercial Uses................................................................. . 17 E. Conceptual Images to Guide Development.......... .............. .................... ___ .......... __..... 17 IV. RESIDENTIAL DESIGN GUIDELINES.................................................................................. 21 A. Architectural Variety ............... ............. .,.,.,..,,,.......................,.,,,,,. 21 B. Windows and Entries ......__.......................................................,.,.......... ,,.......,................. 21 C, Massing and articulation..,. ... ......................................... „.....,..,,.,.................................. 21 V. PLAN ADMl 15TRAT'ION and implementation.... ............................................. ............... 22 A. Permit Review Procedures -'...'.....F.. .............................. - ......... ................. - ................ 22 6, Parcel or Tract Maps ......................................................................................................... 2 C. Amendment s to planned Con,nnunity Development Plait ................................................. 2 D. Administrative Responsibility ............. ..............................,,.,,,..............................., ... 22 E. Enforcement..-, ...... ............ ..................................,.............,,...................................... 27 Newpint Airport Village l 15-157 TABLE OF CONTENTS FIGURE PAGE Figure1- Vicinity Map................................................................... ................... ........................ 2 Figure2 Airport Area...................................................................................................... ........... 2 Figure 3 - Newport Airport Viliage Plan oed Community................................................................ 3 Figure4 - Land Use Map................................................................................................................ S Figure 5 - Conceptual Development Plan.................................................................................... 10 Figure 6 - Mixed -Use Conceptual Images..................................................................................188 Figure 7 - Multi -Unit Residential Conceptual Images...................................................................19 Figure 8 - Office/Commercial Conceptual Images........................................................................ 20 Newport Airport Village 15-158 NEWPORT AIRPORT VILLAGE PLANNED COMMUNITY DEVELOPMENT PLAN (PCDP) I, INTRODUCTION AND PURPOSE A. Introduction The Newport Airport Village Planned Community Development Plan (PCDP) (PC -60) is envisioned to be a horizontal mixed-use development on an approximately 16.46 -acre site that is located in the northern portion of the City, near Macarthur Blvd and Campus Drive. The City of Newport Beach Municipal Code (NBMC) allows a Planned Community Development Plan to address land use designations and regulations in Planned Communities. The PCDP serves as the controlling zoning ordinance for the site and is authorized and intended to implement the provisions of the Newport Beach General Plan. The maximum buildout of the PCDP would result in 329 residential dwelling units, exclusive of any density bonus as allowed pursuant to California Government Code Section 65915; and 297,572 square feet of office, retail, and commercial use. The Newport Airport Village Planned Community (PC) consists of approximately 16.46 acres and prior to the development pursuant to this PCDP, a variety of commercial services, including: retail, restaurants, offices, rental car agencies, and other similar uses were developed. The Newport Airport Village Design Guidelines (contained herein) provide a conceptual vision of the physical implementation of the project and have been drafted to assist the City and community to visualize the architectural theme and desired character of the development. The Design Guidelines also provides the visual and mental imagery of what the current property owner and City see for the future development of the PC. B. Location As shown in Figures 1 and 2, the PC District is generally located southeast of John Wayne Airport and within the "Airport Area" Sub -Area as defined by the Newport Beach General Plan. The Airport Area includes 360 acres in the northernmost portion of Newport Beach, bounded by Campus Drive to the west and north, Jamboree Road to the east, and Bristol Street to the south. The City of Irvine is located north and east of the Airport Area. The Airport Area is proximate to Interstate 405 and State Routes 55 and 73. The Airport Area initially was a light industrial and commercial office area of Newport Beach, but is gradually redeveloping into a mixed-use community integrating residential development with existing non-residential uses consistent with the 2006 Newport Beach General Plan. 15-159 I. INTRODUCTION AND PURPOSE Newport Airport Village 2 15-160 I. INTRODUCTION AND PURPOSE More specifically, the PC is located west of MacArthur Boulevard, south of Campus Drive, north of Birch Street, and about 550 feet north of Dove Street, as shown in Figure 2. I ` gwv 3 - \-eupoa, Pitpori ! 'Xirge }rA imed I Pr Move As also noted in Figure 3, the 65-dBA CNEL noise contour line for John Wayne Airport (JWA) transects the site. Areas east of (i.e., outside) the 65 dBA CNEL line are "Clearly Compatible" or "Normally Compatible" with multi -family residential and mixed-use development under General Plan Table N2 (Land Use Noise Compatibility Matrix). Areas west of (i.e., inside) the 65 dBA CNEL line are "Normally incompatible" or "Clearly incompatible" with multi -family residential and mixed-use development under General Plan Table N2. Under the Airport Environs Land Use Plan for John Wayne Airport (AELUP), this means that areas west of the 65 dBA CNEL line are deemed suitable for residential uses and other noise -sensitive uses if the interior noise standard of 45 dBA CNEL can be maintained with an accompanying dedication of a avigation easement for noise. Additionally, building heights west of the 65 dBA CNEL line are restricted for aviation safety. C. Surrounding Area John Wayne Airport, a commercial and general aviation airport that is owned and operated by the County of Orange, is located to the west and north of the site (across Newport Airport Village 3 15-161 I. INTRODUCTION AND PURPOSE Campus Dr). To the immediate northeast of the site, on the southwest corner of MacArthur Blvd and Campus Dr, is a five -story office building and a small multi -tenant commercial building. Across MacArthur Boulevard, on the northeast corner of MacArthur Blvd and Campus Dr, is a nine -story office building that contains professional and medical office uses; a five -story apartment building at the intersection of Douglas and Martin Court; and multiple hotels and restaurants along MacArthur Blvd. To the east (across Birch St) are several multi -story office buildings that range from three to fourteen stories, hotels, and retail and restaurant uses. Commercial services, including vehicle sales and repairs and a pharmacy; restaurants; and office uses, including medical offices occupy the properties to the south of the PC. D. Purpose and Objective The purpose of the PCDP is to establish appropriate zoning regulations that govern the land use and development of the PC in a manner that is consistent with the City of Newport Beach General Plan. Implementation of the PCDP will: Provide a quality mixed use development that includes residential and supporting commercial uses; as well as, commercial uses that support or benefit from the proximity to the airport. - Create two planning areas to guide the development of the PC District (see Figure 4). Planning Area 1 will include the residential and, potentially, a complimentary retail or service commercial component of the PC District, Planning Area 2 will consist exclusively of non-residential uses. - Provide new housing opportunities in response to increased demand for housing, reduction of vehicle trips, and an encouragement of an active lifestyle by increasing the opportunity for residents to live in proximity to jobs, services, and entertainment. Such housing will be proximate to, and interconnected with, commercial development through pedestrian walkways provided by future development within the PCDP. - Ensure all residential units are located outside the John Wayne Airport 65 dBA CNEL noise contour and Safety Zone 3. E. Relationship to Other Regulations Whenever the provisions of this PCDP conflict with the regulations of the NBMC, the regulations contained herein will prevail. The NBMC including the Zoning Code apply and shall also regulate this development whenever regulations are not provided within this PCDP. Unless otherwise defined herein, all words and phrases used in this PCDP shall have the same meaning and definition as used in the NBMC. Newport Airport Village 4 15-162 II. LAND USE AND DEVELOPMENT REGULATIONS H. LAND USE AND DEVELOPMENT REGULATIONS The PC is subdivided into two planning areas. Figure 4 shows the Land Use Map for the PC District with the 65 dBA CNEL noise contour separating the residential use area from the non-residential use area. 1 Y John WaynAirport �01 a e J ' >I nino Area 28 / I? I WF', J rCr/ - � • J � 4 I r I J Planning Area 1 N6 Airport Village land Use 11, Planning Area 1 - Mixed -Use Residential 7 14 acres �,»r`......d lannmg Area 2 - Commercial 9 32 acr » "Ok Mao F_,' um z 4 - laud Urr Alae Newport Airport Village S 15-163 ll. LAND USE AND DEVELOPMENT REGULATIONS A. Permitted Uses Table 1 lists the permitted uses for each planning area of the Planned Community. The uses identified within the table are not intended to be a comprehensive list, but rather major use categories. The Community Development Director may determine other uses not specifically listed herein are allowed or allowed pursuant to a MUP or CUP, provided they are consistent with the purpose of the planning areas, are compatible with surrounding uses, and are not listed as a prohibited use. table 1 Permitted Uses Uses � Planning Manning +4d�iti�rtial Area 1 Area Z Relations Residential Multi -unit dwellings P - Live/work units P - Mixed-use development P - Accessory dwelling units P - N8MC 20.48.200 Home Occupations P I - NBMC 20.48.110 Residential accessory uses P P and amenities Food, alcohol, entertainment Alcohol sales (off-site) MUP MUP NEMC 20.48.030 Alcohol Sales (on-site) CUP CUP NEMC 20.48.030 Bars, lounge, nightclub CUP CUP NBMC 20.48.030 & 20.48.090 Food service, no late hours MUP MUP NBMC 20.48.030 & 20.48.090 Food service, late hours CUP CUP NBMC 20.48.030 & 20.48.090 Office, retail, service Financial Institutions P P Offices, business & P P professional Offices, medical and dental P P Personal services, general P P Personal services, restricted MUP MUP Retail sales (less than P P 10,000 sq. ft.) Retail sales (greater than P P 10,000 sq. ft.) Other uses Uses not listed herein, but A A Subject to applicable NBMC allowed in the OA zone I requirements Newport Airport Village 6 15-164 II. LAND USE AND DEVELOPMENT REGULATIONS Table 1 Continued P = Permitted Use CUP = Conditional Use Permit MUP = Minor Use Permit A = Allowed subject to permit requirements provided in Table 2-4 of NEMC Section 20.20.020(0) - = Not Permitted B. Prohibited Uses The following uses shall be expressly prohibited from the PCDP: 1. Any use not authorized by this PCDP unless the Community Development Director determines a particular use consistent with the purpose and intent of the PCDP, 2. Residential dwelling units within (i.e., west of) the 65 dBA CNEL (or above) noise contour from John Wayne Airport (residential accessory uses, and amenities are allowed), 3. Residential dwelling units within John Wayne Airport Safety Zone 3 (residential accessory uses, and amenities are allowed), 4. The following uses, if said structure within 250 feet of any residential dwelling unit: a. Handicraft Industry b. Industry, Small (less than 5,000 sq. ft.) C. Emergency Health Facilities/Urgent Care d. Ambulance Services e. Funeral Homes and Mortuaries f. Maintenance and Repair Services. C. Existing Legal Nonconforming Uses and Structures Existing legally established use and structures that no longer conform to the provisions of this PCDP shall be subject to NBMC Chapter 20.38. D. Land Use Concept Figure 5 depicts the conceptual development plan for Newport Airport Village Planned Community. Multi -story residential structures would be located near the north side of the site in Planning Area 1 and may have a retail/commercial component. Office, commercial and other non-residential buildings would be located south of the residential buildings in Planning Area 2. A landscaped esplanade with open space areas, pedestrian pathways with areas for passive seating, and bicycle facilities will be provided to create an efficient and safe pedestrian -friendly environment interconnecting the various land uses through - Newport Airport Village 7 15-165 11. LAND USE AND DEVELOPMENT REGULATIONS out the site with surrounding properties and public ways. Although the PC may not be developed exactly as depicted in the conceptual land use development map, it serves as a demonstration of what could be achieved through the application of the site development standards of this PCDP. E. Development Standards — Planning Area Z (Mixed -Use Residential Area) 1. Permitted Heieht of Re,srdential or Mixed -Use Structures: No structure, nor any portion of any structure, architectural feature, elevator penthouse, or mechanical equipment shall exceed a height of 85 feet measured consistent with the Zoning Code. 2. Permitted. Height of Nonresidential Structures: No structure, nor any portion of any structure, architectural feature, elevator penthouse, or mechanical equipment shall exceed a height of 37 feet measured consistent with the Zoning Code, unless a Site Development Review is approved pursuant to NBMC Section 20.52.080, in which case the maximum shall be 55 feet. 3. Setbacks: Minimum setbacks shall be as follows: a. Buildings, or portion thereof, that are under 20 feet in height shall be setback a minimum of 10 feet from any street property line and a minimum of 5 feet from any internal property line. b. Buildings, or portion thereof, that are 20 feet or greater in height shall be setback a minimum of 20 feet from any street property line and a minimum of 5 feet from any internal property line. 4. Residential Density: Densities shall be a minimum of 30 dwelling units per acre and a maximum of 50 dwelling units per acre, not including density bonus un`ts. 5. Residential Development Limit: A maximum of 329 dwellings units shall be permitted, exclusive of any density bonus as allowed pursuant to California Government Code Section 65915. In addition, residential development (excluding density bonus units) shall be subject to the maximum development allocation for the Airport Area established by General Plan Land Use Policy 6.15.5, or any successor policy or development limit resulting from a future General Plan Update/Amendment, provided that such allocation does not result in a reduction of the 329 permitted dwelling units in Planning Area 1. 6. Floor Area Limit: Floor area for nonresidential uses shall not exceed 94,583 square feet. This floor area limit is based on the conversion of commercial development allowed by the general plan to residential dwelling units pursuant to General Plan Newport Airport Village g 15-166 II. LAND USE AND DEVELOPMENT REGULATIONS Policy LU6.15.5. The 2006 General Plan allowed a 0.5 FAR (155,509 square feet) that is reduced by 60,926 square feet and converted to allow 329 dwelling units. 7. Common Open Space: All residential development shall incorporate common open space in the amount of 75 square feet per unit with minimum dimensions of 15 feet in any direction. At least half of the common open space shall consist of recreational amenities, including but not limited to the following: a. Swimming pools/spas and adjacent lounging decks b. Exercise facilities C. Tennis courts d. Basketball courts e. Clubhouse rooms f. Roof deck recreation areas g. Community gardens h_ Barbecue and other active (e.g. bocce ball) or passive (e.g., reading) courtyards i. Other amenities as deemed appropriate by the Community Development Director Outdoor common areas or recreational areas shall be posted with an outdoor notification sign to users regarding the proximity to John Wayne Airport and presence of operating aircraft. Newport Airport Village 9 15-167 CA z W z W a O W LU W a a z Q W N D a z NEWPORT AIRPORT VILLAGE Conceptual Land Use Map rorth Land Use Summary RetaiVCommerclal 2 8 3 Story Office M4 Story Resident at over Parking Exlshng) Enterprise Office/Fath ty ;future) RetaiVCommeraa Out Parcel EXISiING Office/Retail } w f0 O L a 0 CL a z 15-168 It. LAND USE AND DEVELOPMENT REGULATIONS 8. Private Open Space: All residential development shall incorporate private open space in the amount of 5% of the gross floor area (minimum) for each unit with a minimum dimension of 6 feet in any direction. 9. Affordability Requirements: Residential development shall include affordable housing as follows: a minimum of 5% of units for very -low income households, or a minimum of 10% of units for low-income households, or a minimum 10% of units for moderate -income households within a common -interest development. The following requirements also apply: a. Affordable units shall be provided on-site. b. Affordable units shall be designed and distributed within the residential as follows: i. Number of Bedrooms. Affordable units shall reflect the range of numbers of bedrooms provided in the residential development project as a whole. ii. Comparable Quality and Facilities. Affordable units shall be comparable in the facilities provided (e.g., laundry, recreation, etc.) and in the quality of construction and exterior design to the market -rate units. iii. Size. Affordable units may be smaller and have different interior finishes and features than the market -rate units, and iv. Location. Affordable units shall be dispersed throughout the residential development, unless clustering is allowed by the review authority. An Affordable Housing Implementation Plan (AHIP) shall be prepared and submitted with any site development review application seeking approval of a residential development within the PC District. The AHIP shall clearly demonstrate how the proposed residential development project will meet the affordability requirements of this PCDP and any applicable provisions of the State Density Bonus Law and the Newport Beach Municipal Code. The AHIP shall specify eligible income categories, the amount of the requested density bonus, any concession/incentives requested, and any development standards waivers or modifications sought and justifications for said concessions/incentives or development standard relief. Density bonuses/incentives or development standard concessions shall be provided pursuant to NBMC Chapter 20.32 and Section 65915 et. seq of the California Government Code. 10. Sound Mitigation: The interior ambient noise level of all new residential dwelling units shall meet applicable standards of the City's Community Noise Ordinance (NBMC Section 10.26.030). 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. Newport Airport Village 11 15-169 II. LAND USE AND DEVELOPMENT REGULATIONS 11. Residential Design: Unless otherwise deemed appropriate by the City's Review Authority all residential and mixed-use buildings shall be generally consistent with the residential design guidelines as set forth in Section IV of the PCDP. 12. 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 higher than a typical suburban residential area. The disclosure statement shall 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 streets) and potential nuisances based upon the allowed uses in the zoning district. Each and every buyer, lessee, or renter shall sign the statement acknowledging that they have received, read, and understand the disclosure statement. A covenant shall also be included within all deeds, leases or contracts conveying any interest in a residential unit within the development that requires: (1) the disclosure and notification requirement stated herein; (2) 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 h+gher than a typical suburban residential area; and (3) acknowledgment that the covenant is binding for the benefit and in favor of the City of Newport Beach. 13. Deed notification: A deed notification shall be recorded with the County Recorder's Office, the form and content of which shall be satisfactory to the CAy Attorney. The deed notification document shall state that the residential unit is located in a mix,: d usr, development and that an owner may be subject to impacts, including inconvenience and discomfort, from kiwful activities occurring in the project or zoning district (e.g., noise, lighting, odor., high pedestrian activity levels, etc.). 14. Park Dedications and Fees: All residential subdivisions shall comply with all park dedications and fees, as required in NBMC Chapter 19.52. F. Development Standards — Planning Area 2 (Non -Residential Area) In addition to the additional development standards listed in Section II(F) of this PCDP, the following standards apply to all development in Planning Area 2. 1. Permitted Height of Structures: No structure, nor any portion of any structure, architectural feature, elevator penthouse, or mechanical equipment shall exceed a height of 37 feet, unless a Site Development Review is approved pursuant to Newport Airport Village 12 15-170 ll. LAND USE AND DEVELOPMENT REGULATIONS NBMC Section 20.52.080, in which the review authority may allow buildings or structures to exceed 37 feet to a maximum of 55 feet. 2. Setbacks: Minimum setbacks shall be 15 feet from any street property line and 5 feet from any internal property line. 3. Floor Area Ratio: Floor area ratio shall not exceed 0.5, except for warehouse uses, which are allowed a maximum floor area ratio of 0.75. 4. Lot Size and Dimensions: Newly created lots shall meet the minimum standards for lots provided in NBMC Section 20.20.030 for the OA (Office—Airport) Zoning District. G. Additional Development Standards In addition to the planning area specific development standards listed in Sections II(D) and ll(E} of this PCDP, the following standards apply to all development within the Newport Airport Village Planned Community. 1. Maximum intensity: The total area of all office, retail, and other commercial uses within the Newport Airport Village PC shall not exceed 297,572 square feet. Parking and Circulation: Parking and on-site circulation shall comply with NBMC Chapter 20.40. All proposed development is required to be reviewed and approved by the Planning Division, Public Works Department, the City Traffic Engineer, Fire Department and Building Division. On-site circulation, including but not limited to, driveway location, sight distance, parking lot design, drive aisles, emergency vehicle access and access the disabled shall meet applicable codes, polices and design standards. All approved vehicle entry points to the PC District shall comply with applicable City of Newport Beach Public Works and Fire Department requirements regarding safe and convenient vehicular access. 3. Landscaping: A detailed landscape and irrigation plan shall be prepared by a licensed landscape architect and submitted with the Site Development Review application. Landscaping shall be designed, installed, and maintained in consistent with all requirements of NBMC Chapters 14.37 (Water Efficient Landscaping) and 20.36 (Landscaping Standards). Landscape shall also be maintained in a healthy, weed -free condition, free of litter and consistent with NBMC Section 20.30.130 (Traffic Safety Visibility Area). 4. Pedestrian and Bicycle Connection: All uses in the PC shall be interconnected through safe and efficient pedestrian and bicycle paths, including a pedestrian Newport Airport Village 13 15-171 11. LAND USE AND DEVELOPMENT REGULATIONS connection feature between the residential and non-residential components of the PC District, 5. Lighting: A detailed lighting plan with lighting fixtures and standard designs shall be submitted with the Site Development Review application and shall comply with NBMC Section 20.30.070. The lighting system shall be designed and maintained to conceal the light source and minimize light spillage and glare outside of the boundary of the PC District. A minimum average 0.5 foot-candle shall be provided on all driving or walking surface during the hours of operation and one hour thereafter. All lighting shall comply with NBMC Section 20.30.070. 6. Utilities: A Utilities Plan shall be submitted with the Site Development Review application. The final alignment and location of utilities shall be reviewed and approved by the Public Works Department. Adequate access for maintenance vehicles shall be provided All utilities on private property shall be privately maintained and operated. 7. Air Conditioning Units: The use of individual through -window or through wall air conditioning units any commercial or residential unit is prohibited. Si ns: A comprehensive sign program with sign materials and lighting details shall be submitted with the Site Development Review application. All signage shall comply with the Chapter 20.42 of the Municipal Code. Should a future neighborhood public park be constructed in either Planning Area, the park shall be posted with a notification to users regarding the proximity to John Wayne Airport and aircraft overflight and noise. Outdoor common areas or recreational areas shall also be posted with an outdoor notification sign to users regarding the proximity to John Wayne Airport and presence of operating aircraft. 8 Fences Hedges, & Walls: Fences, hedges, and walls shall be limited to the following heights, subject to the exceptions contained in NBMC Section 20.30.040- a. Street setback areas - 42 inches b. Interior setback areas — b feet C. Between residential uses and nonresidential uses and parking areas — 8 feet 9. Buffering and Screening a. General Requirements: Mechanical equipment must be located so that the impact of noise on residential uses is minimized to the greatest extent feasible. Screening shall be maintained in good condition at all times. Landscaping used as screening shall provide a dense, year-round screen. Newport Airport Village 14 15-172 It. LAND USE AND DEVELOPMENT REGULATIONS b. Roof -mounted Mechanical Equipment and Appurtenances: Roof -mounted mechanical equipment and appurtenances may not be visible in any direction (360 degrees) from a public right-of-way or adjacent residential property, as may be seen from a point six feet above ground level. Methods of screening may include mechanical roof wells recessed below the roof line or by solid and permanent roof -mounted screens. Screening must be compatible with the architectural style, materials, and color of the building on which the equipment is located. Supports for window washing equipment are permitted and are not required to be screened from view. No setbacks are required for rooftop mechanical equipment or appurtenances. All roof - mounted mechanical equipment and appurtenances shall be at or below all applicable height limits. C. Ground -mounted Mechanical Equipment: Ground -mounted mechanical equipment shall be screened from public rights-of-way and/or public property as seen from a point six feet above ground level. Methods of screening may include fences, walls, solid hedges, or other similar methods. Chain link fencing is not permitted with or without slats is not allowed. d. Outdoor Storage; Where equipment, material, or merchandise is allowed to be stored outdoors, these items shall be screened from public view and adjacent residential areas using fences, walls, solid hedges, or other methods. Chain link fencing with or without slats is not allowed. e. Solid _Waste Storage Areas: New development shall provide adequate, enclosed areas with solid roofs for collecting, storing, and loading solid waste and recyclable materials. The square footage provided for solid waste and recyclable materials storage must be in compliance with NEMC Section 20.30.120. Solid waste and recyclable materials storage areas must be adequate in distribution to serve the project and be screened from public rights-of-way and/or public property as seen from a point six feet above ground level. Screening may consist of solid masonry walls, metal gates, landscaping, or similar methods. Structures used for solid waste screening must be visually compatible with the surrounding structures and must be properly secured to prevent access by unauthorized persons, while allowing authorized persons access for disposal of materials. Newport Airport Village 1s 15-173 Ill. ARCHITECTURAL DESIGN CONSIDERATIONS III. ARCHITECTURAL DESIGN CONSIDERATIONS A. General Principles The following general principles shall be considered when siting and designing new development within Newport Airport Village. 1. Development should be designed to convey a unified and high-quality character with use of consistent architectural design vocabulary, materials, and color palette. 2. Building elevations should employ architectural treatments, articulation and modulation of mass to avoid the appearance of monolithic box -like buildings. 3. High-quality doors, windows, moldings, and finishes should be used on elevations visible from streets and pedestrian paths. 4. Roof profiles should be articulated to reduce the appearance of large structures and provide visual interest. 5. Streetscape design and plant materials should reflect the street's location and nature. 6. Abundant use of landscape within interior courtyards, open spaces, and parking areas should be encouraged. 7. The design of parking areas and parking facilities should consider architectural consistency and physical integration with nearby buildings. 8. Open parking lots should be set back from public streets and screened using buildings, decorative walls, berms or dense landscaping. B. Mixed -Use The following; Ii, ir.ciples shall be considered 4 fsrzn siting and designing, r -..-,w mixed-use development I. Residential uses should be seamlessly integrated with nonresidential uses through pedestrian connections, landscape, and other physical connections. 2 Conflicts between different uses, such as noise, vibration, glare, odors, and similar impacts, should be minimized through careful sting, building design and incorporation of appropriate building materials. 3. Entries for residential units and nonresidential businesses should be separate and well-defined. C. Residential Uses The following principles shall be considered when new development includes residential use. Newport Airport Village 16 15-174 lil. ARCHITECTURAL DESIGN CONSIDERATIONS 1. Private open space for each residential unit should be usable and functional. 2. Common residential open space should create opportunities for recreation and promote an attractive living environment. D. Office/Commercial Uses The following principles shall be considered when siting and designing new office or commercial development. 1. Building siting should be oriented around public spaces such as plazas, courtyards, walkways, and open spaces. 2. On-site landscaping should emphasize special features such as entryways. 3. Landscape and other amenities should be used to provide visual relief within surface parking lots. A. A common signage program that reflects the architectural style and character of the development should be prepared to address tenant identification and wayfinding. S. Common streetscape and lighting programs should be developed to promote pedestrian activity. 6. Site design should provide clear site access, entrance drives and building entries as well as minimize conflicts between service vehicles, private automobiles, and pedestrians. E. Conceptual Images to Guide Development The following images provide general direction to convey the desired quality for new development through architectural massing, detail, variety in building materials and integration of pedestrian -orientation. These images are meant to inspire designers and do not indicate the precise design of future development within Newport Airport Village. The images are grouped by land use type: mixed use, multi -unit residential buildings, and office/commercial development. Newport Airport Village 17 15-175 ■ 1p I AVANT .� �iJU;l J�. jjj�j IN 19 Pit lit PA 0 q 0 i r�flii Iol! IV. RESIDENTIAL DESIGN GUIDELINES IV. RESIDENTIAL DESIGN GUIDELINES The Newport Airport Village Residential Design Guidelines are intended to set parameters for the design of residential buildings and ensure an appropriate aesthetic quality is provided on all residential buildings. All residential and mixed-use buildings within Newport Airport Village PC should be generally consistent with the guidelines contained in this section of the PCDP. A. Architectural Variety 1. Buildings should utilize more than a single -color on all fagades. 2. Buildings should utilize more than a single finished material on all fagades. For the purpose of this requirement, windows are not considered a finished material. 3. Building should have more than one roof height. The change in roof height shall be at least 5 feet for buildings with a height under 30 feet tall and 10 feet for buildings with a height of 30 feet or more. 4. Buildings should not have blank fagades. For the purpose of these guidelines a blank facade shall mean, any portion of the facade that is above the ground level and does not have a window or balcony 15 feet in any direction. B. Windows and Entries 1. The primary pedestrian entry into the building should lead into a common lobby or corridor and shall face the street or a common open space. 2. Ground level dwelling units are encouraged to have an individual primary entry on the exterior facade of the building. 3. Rain protection should be provided above all pedestrian entries through the use of awnings, porticos, arcades, or the like. 4. Exterior windows and doors should be inset a minimum 2-%: inches from the adjoining wall. C. Massing and articulation 1. The first three floors of a building should have a plane -break to divide all street facing facades into segments no more than 30 feet wide. Plane -breaks shall have a minimum depth and width of 5 feet. 2. The fourth floor and above of a building should have a plane -break on all street facing facades. Plane -breaks shall have a minimum depth of 5 feet and be across 25% of the width of the building. Newport Airport Village 21 15-179 V. PLAN ADMINISTRATION AND IMPLEMENTATION V. PLAN ADMINISTRATION AND IMPLEMENTATION A. Permit Review Procedures Approval of the Site Development Review application by the City -designated Review Authority consistent with NBMC Chapter 20.52 shall be required prior to the issuance of a grading or building permit for the construction of any new structure within the boundaries of the PCDP. The application shall include all materials necessary to clearly determine consistency with this PCDP and applicable requirements of the Newport Beach Municipal Code. The applicant shall include a descriptive narrative supported by facts, exhibits, or diagrams that clearly show how a proposed development generally conforms to the PCDP design guidelines. B. Parcel or Tract Maps No parcel or tract map shall be recorded prior to the approval of the Site Development Review for the entire project or significant phase so that the responsibility for performance of, and payment for, maintenance are clear. C. Amendments to Planned Community Development Plan Applications for amendments to this Planned Community Development Plan shall follow the process identified in the NBMC Section 20.56.050(E). D. Administrative Responsibility All property within this PCDP shall be subject to NBMC Chapter 20.60 that prescribes the a,,jthority and responsibil4ties of the Newport Beach City Council, Planning Commission, Hearing Officer, Zoning Administrator, and Community Development Director (Planning D',rector) in the administration of this PCDP and the Zoning Code. E. Enforcement All property within this PCDP shall be subject to NBMC Chapter 20.68 that establishes provisions intended to ensure compliance with this PCDP and the Zoning Code. Newport Airport Village 22 15-180 Attachment ALUC 4 Building Heights of Surrounding Structures Map 15-181 14 f.— a fAt I#*Jf � � .•y r*f ; Planning Area 2 'Aw k,.. -• OIIPHI!J-Si Rl%� F WAY I ' Attachment ALUC 5 Adjacent Land Uses Map 15-183 � �4w4.- .> Offcei IN ti V, r = C 7o C::=C0 `} Office `/ Retail 00 10 y U1 Office r �r Office / oCar Rental i - Restaurant) Retail L. ��''' Office coq' Office :Car Office .Hotel 1 Retail ,r t 'o Office , � ,' c, , E ' ~Car Rental ' Retail,,.# Hen ar tia Car Washy '7 y 4 ao`F Restaurant/ -- Office' Aj(� Futur ('Office ' Residential} IL Attachment ALUC 6 FAA Determination 15-185 Mail Processing Center Federal Aviation Administration Southwest Regional Office Obstruction Evaluation Group 10101 Hillwood Parkway Fort Worth, TX 76177 Issued Date: 04/28/2020 Patrick B. Strader Starpointe Ventures 19700 Fairchild Road Suite 240 Irvine, CA 92612 Aeronautical Study No. 2020 -AWP -4497 -OE Prior Study No. 2020 -AWP -3998 -OE ** DETERMINATION OF NO HAZARD TO AIR NAVIGATION ** The Federal Aviation Administration has conducted an aeronautical study under the provisions of 49 U.S.C., Section 44718 and if applicable Title 14 of the Code of Federal Regulations, part 77, concerning: Structure: Building Newport Airport Village Location: Newport Beach, CA Latitude: 33-40-13.00N NAD 83 Longitude: l 17-52-0O.00W Heights: 44 feet site elevation (SE) 85 feet above ground level (AGL) 129 feet above mean sea level (AMSL) This aeronautical study revealed that the structure does not exceed obstruction standards and would not be a hazard to air navigation provided the following condition(s), if any, is(are) met: It is required that FAA Form 7460-2, Notice of Actual Construction or Alteration, be a -filed any time the pioaect iq abandoned or: At least 10 days prior to start of construction (7460-2, Part 1) X Within 5 days after the constru4xion reaches its greatest height (7460-2, Part 2) Based on this evaluation, marking and lighting are not necessary for aviation safety. However, if marking lighting are accomplished on a voluntary basis, we recommend it be installed in accordance with FAA Advisory circular 70.`7460-1 L Change 2. This determination expires on 10/2812021 unless: (a) the construction is started (not necessarily completed) and FAA Form 7460-2, Notice of Actual Construction or Alteration, is received by this office. (b) extended, revised, or terminated by the issuing office. (c) the construction is subject to the licensing authority of the Federal Conununications Commission (FCC) and an application for a construction permit has been filed, as required by the FCC, within 6 months of the date of this determination. In such case, the determination expires on the date prescribed by the FCC for completion of construction, or the date the FCC denies the application. Page I of 4 15-186 NOTE: REQUEST FOR EXTENSION OF THE EFFECTIVE PERIOD OF THIS DETERMINATION MUST BE E -FILED AT LEAST 15 DAYS PRIOR TO THE EXPIRATION DATE, AFTER RE-EVALUATION OF CURRENT OPERATIONS IN THE AREA OF THE STRUCTURE TO DETERMINE THAT NO SIGNIFICANT AERONAUTICAL CHANGES HAVE OCCURRED, YOUR DETERMINATION MAY BE ELIGIBLE FOR ONE EXTENSION OF THE EFFECTIVE PERIOD. This determination is based, in part, on the foregoing description which includes specific coordinates, heights, frequency(ies) and power. Any changes in coordinates, heights, and frequencies or use of greater power, except those frequencies specified in the Colo Void Clause Coalition; Antenna System Co -Location; Voluntary Best Practices, effective 21 Nov 2007, will void this determination. Any future construction or alteration, including increase to heights, power, or the addition of other transmitters, requires separate notice to the FAA.This determination includes all previously filed frequencies and power for this structure. If construction or alteration is dismantled or destroyed, you must submit notice to the FAA within 5 days after the construction or alteration is dismantled or destroyed. This determination does include temporary construction equipment such as cranes, derricks, etc., which may be used during actual construction of the structure. However, this equipment shall not exceed the overall heights as indicated above. Equipment which has a height greater than the studied structure requires separate notice to the FAA. This determination concerns the effect of this structure on the safe and efficient use of navigable airspace by aircraft and does not relieve the sponsor of compliance responsibilities relating'to any law, ordinance, or regulation of any Federal, State, or local government body. If we can be of further assistance, please contact our office at (206) 231-2877, or Nicholas. Sandersi'c faa,gov. On any future correspondence concerning this matter, please refer to Aeronautical Study Number 2020 - AWP -4497 -OE. 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Gly aF Newport 8sach N J WA Safety Zones GIS DiYision `. -- 24, 2020 Attachment G ALUC Determination Letter 15-192 AIRPORT LAND USE COMMISSION ORANGE COUNTY FOR ORANGE COUNTY 3160 Airway Avenue • Costa Mesa, California 92626 - 949.252.5170 fax: 949.252.6012 July 21, 2020 David Blumenthal, AICP Planning Consultant City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 Subject: ALUC Determination for Newport Airport Village Dear Mr. Blumenthal: During the public meeting held on July16, 2020, the Airport Land Use Commission (ALUC) for Orange County considered the subject project. The matter was duly discussed, and with a unanimous vote of 6-0, the Commission found the proposed General Plan Amendment, Zoning Code Amendment and proposed Newport Airport Village project located at 4320, 4340, 4360, 4400, 4500, 4520, 4540, 4570, 4600, and 4630 Campus Drive; 4525, 4533 and 4647 MacArthur Boulevard; and 4341, 4361,1 and 4501 Birch Street, to be Inconsistent with the Airporf Environs Land Use Plan (A EL UP) fol John Wayne Airport (JWA) per: • Section 2. 1.1 Aircraft Noise that the "aircraft noise emanating from airports may be incompatible with general welfare of the inhabitants within the vicinity of an airport." Section 2.1.2 Safety Compatibility Zones in which "the purpose of these zones is to support the continued use and operation of an airport by establishing compatibility and safety standards to promote air navigational safety and to reduce potential safety hazards for persons living, working or recreating near JWA." Section 2.1.3 Building Height Restrictions which states that "the results of an aeronautical study conducted by the FAA... will be utilized to help determine if a structure will have an adverse effect on the airport or on aeronautical operations." The Aeronautical study provided was for structures 124 feet AMSL, while the General Plan Amendment and Development Plan indicate the maximum height would be 129 feet AMSL, and • Section 2.1.4, and PUC Section 21674 which state that the Commission is charged by PUC Section 21674(a) "to assist local agencies in ensuring compatible land uses in the 15-193 Attachment H Map H-1 (High Rise and Shoreline Height Limit Areas) 15-192 H-1 High Rise and Shoreline Height Limit Areas 0 0.5 1 O Miles Name: H1_High_Rise_and_Shore line_Height_Limitation_Areas/ October 26, 2010 15-193 vicinity of ...existing airports to the extent that the land in the vicinity of those airports is not already devoted to incompatible uses," and PUC Section 21674(b) "to coordinate planning at the state, regional and local levels so as to provide for the orderly development of air transportation, while at the same time protecting the public health, safety and welfare." Please contact Julie Fitch at ifitch@ocair.com or at (949) 252-5284 if you require additional information or have questions regarding this proceeding. Sincerely, � Lea U. Choum Executive Officer cc: ALUC 15-194