HomeMy WebLinkAbout2024-26 - Approving a General Plan Amendment, Site Development Review, Vesting Tentative Tract Map, and Affordable Housing Implementation Plan, for the Residences at 1401 Quail Street Project Located at 1401 Quail Street (PA2023-0040)RESOLUTION NO. 2024-26
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, APPROVING A
GENERAL PLAN AMENDMENT, SITE DEVELOPMENT
REVIEW, VESTING TENTATIVE TRACT MAP, AND
AFFORDABLE HOUSING IMPLEMENTATION PLAN,
FOR THE RESIDENCES AT 1401 QUAIL STREET
PROJECT LOCATED AT 1401 QUAIL STREET (PA2023-
0040)
WHEREAS, Section 200 of the City of Newport Beach ("City") Charter vests the
City Council with the authority to make and enforce all laws, rules, and regulations with
respect to municipal affairs subject only to the restrictions and limitations contained in the
Charter and the State Constitution, and the power to exercise, or act pursuant to any and
all rights, powers and privileges, or procedures granted or prescribed by any law of the
State of California;
WHEREAS, an application was filed by Intracorp Homes ("Applicant"), with respect
to the property located at 1401 Quail Street and legally described as Parcel 1 of
Resubdivision No. 341 ("Property");
WHEREAS, the Applicant is requesting approvals to demolish an existing office
building and develop 67 for -sale condominium units, including a 146-space parking structure
("Project"), which requires the following approvals:
• General Plan Amendment ("GPA") — A request to amend the General Plan Land
Use Designation of the Property from General Commercial Office (CO-G) to
Mixed -Use Horizontal (MU-H2);
• Planned Community Development Plan Amendment ("PCDP Amendment") —An
amendment to the Newport Place Planned Community (PC-11) Development
Plan to include the Property within the Residential Overlay;
• Major Site Development Review ("SDR") — A site development review in
accordance with the Newport Place Planned Community (PC-11) and Section
20.52.080 (Site Development Reviews) of the Newport Beach Municipal Code
("NBMC") to construct the Project;
• Tentative Vesting Tract Map ("VTM") — A Vesting Tentative Tract Map No. 19261
pursuant to Title 19 (Subdivisions) of the NBMC for 67 condominium dwelling
units,
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• Affordable Housing Implementation Plan ("AHIP") — A plan specifying how the
Project would meet the City's affordable housing requirements, in exchange for
a request of 27.5% increase in density including a request for four development
standard waivers related to park land dedication, building setbacks, and
building height along with two development concessions related to the mix of
affordable units and a partial payment of the park in -lieu fees pursuant to
Chapter 20.32 (Density Bonus) of the NBMC and Government Code Section
65915 et seq. ("State Density Bonus Law");
• Development Agreement ("DA") — A development agreement between the
Applicant and the City, pursuant to Section 15.45.020 (Development Agreement
Required) of the NBMC, which would provide the Applicant with vested right to
develop the Project for a term of ten years and provide negotiated public benefits
to the City; and
• Addendum No. 8 to the 2006 General Plan Update Program Environmental
Impact Reports and the 2008-2014 City of Newport Beach Housing Element
Update and Initial Study/Negative Declaration ("Addendum No. 8") — An
addendum which addresses reasonably foreseeable environmental impacts
resulting from the Project,
WHEREAS, the Property is designated General Commercial Office (CO-G) by the
General Plan Land Use Element and located within the Newport Place Planned Community
(PC-11) Zoning District in the Industrial Site 3A sub -area;
WHEREAS, the Property is not located within the coastal zone; therefore, amending
the Local Coastal Program and obtaining a coastal development permit are not required,
WHEREAS, a public hearing was held by the Planning Commission on December
21, 2023 in the Council Chambers at 100 Civic Center Drive, Newport Beach, California. A
notice of time, place and purpose of the hearing was given in accordance with
Government Code Section 54950 et seq. ("Ralph M. Brown Act"), and Chapter 15.45
(Development Agreements), Chapter 19.20 (Vesting Tentative Map), Chapter 20.56
(Planned Community District Procedures), and Chapter 20.62 (Public Hearings) of the
NBMC. Evidence, both written and oral, was presented to, and considered by, the
Planning Commission at this hearing;
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WHEREAS, at the hearing, the Planning Commission adopted Resolution No.
PC2023-047 by a majority vote (6 ayes, 0 nays, 1 absent) recommending the City Council
approve the Project;
WHEREAS, California Public Utilities Code ("CPUC") Section 21676(b) requires
the City to refer the Project to the Orange County Airport Land Use Commission ("ALUC")
to review for consistency with the 2008 John Wayne Airport Environs Land Use Plan
("AELUP");
WHEREAS, on January 18, 2024, the ALUC determined the Project is
inconsistent with the AELUP;
WHEREAS, pursuant to Sections 21670 and 21676 of CPUC, the City Council
may, after a public hearing, propose to overrule the ALUC with a two-thirds vote, if it
makes specific findings that the Project is consistent with the purpose of Section 21670
of the CPUC to protect the public health, safety, and welfare by ensuring the orderly
expansion of airports and the adoption of land use measures that minimize the public's
exposure to excessive noise and safety hazards within areas around public airports to the
extent that these areas are not already devoted to incompatible uses;
WHEREAS, a public hearing was held by the City Council on February 13, 2024,
in the City Council Chambers located at 100 Civic Center Drive, Newport Beach,
California. A notice of time, place, and purpose of the hearing was given in accordance
with CPUC Section 21676(b) and the Ralph M. Brown Act. Evidence, both written and
oral, was presented to, and considered by, the City Council at this hearing;
WHEREAS, at the conclusion of the hearing, the City Council adopted Resolution
No. 2024-10 by unanimous vote (7 ayes, 0 nays) to notify the ALUC and State Department
of Transportation Aeronautics Program ("Aeronautics Program") of the City's intent to
override ALUC's inconsistency finding;
WHEREAS, notice of the City's intent to override the ALUC inconsistency
determination, along with Resolution No. 2024-10 was sent via certified mail and emailed
to the ALUC and the Aeronautics Program on February 14, 2024;
WHEREAS, the City received timely comments in response to the notice of the
City's intent to override the ALUC inconsistency determination from the ALUC and the
Aeronautics Program in accordance with CPUC Section 21676; and
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WHEREAS, a public hearing was held by the City Council on April 9, 2024, in the
City Council Chambers located at 100 Civic Center Drive, Newport Beach, California. A
notice of time, place and purpose of the public hearing was given in accordance with the
Ralph M. Brown Act, Chapter 15.45 (Development Agreements), Chapter 19.20 (Vesting
Tentative Maps), Chapter 20.56 (Planned Community District Procedures), and Chapter
20.62 (Public Hearings) of the NBMC, and CPUC Section 21676(b). Evidence, both
written and oral, was presented to, and considered by, the City Council at this meeting.
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows:
Section 1: The City Council has considered the recommendation of the
Planning Commission and determined that modifications to the Project made by the City
Council, if any, are not major changes that require referral back to the Planning
Commission for consideration and recommendation.
Section 2: The City Council hereby approves a General Plan Amendment, Site
Development Review, Vesting Tentative Tract Map No. 19261, and Affordable Housing
Implementation Plan, subject to the conditions of approval which are attached hereto as
Exhibits "A" through "E" respectively, and incorporated herein by reference.
Section 3: An amendment to the 2006 Newport Beach General Plan Land Use
Element is a legislative act. Neither Title 20 (Planning and Zoning) of the NBMC nor
California Government Code Section 65000 et seq., set forth any required findings for
either approval or denial of such amendments. Notwithstanding the foregoing, the Project
is consistent with the General Plan and the GPA is consistent with other General Plan
policies as follows:
1. The request is to amend the General Plan Land Use designation from General
Commercial Office (CO-G) to Mixed -Use Horizontal (MU-H2). The Mixed -Use
Horizontal (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.
2. The GPA and the resulting land use change are compatible with the existing
surrounding uses and planned land uses identified by the General Plan because
the Project would introduce additional residential land uses in the Airport Area
which includes a diverse mix of land uses including the gradual development of
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residential multifamily dwellings. Additionally, even with the conversion from
General Commercial Office (CO-G) to Mixed -Use Horizontal (MU-H2), the building
will be compatible with adjacent commercial properties architectural style and
pedestrian connectivity. Additional residential development would support
commercial properties within the Airport Area.
3. The GPA from General Commercial Office (CO-G) to Mixed -Use Horizontal (MU-
H2) does not eliminate existing or future land uses to the overall detriment of the
community given the Property's size, location, and surrounding uses. The existing
office buildings were built in the 1970's and there are sufficient office facilities in
the Airport Area to support the business needs of the community. The proposed
change to allow residential uses would increase the City's housing stock including
the provision of eight units that will be affordable to lower income households.
4. The Property is located in an area of the city that has sufficient utilities systems to
serve the Project once the Applicant completes a necessary upgrade to an off -site
sewer line. As conditioned, the Applicant shall be responsible for their fair share of
replacing the existing 10-inch vitrified clay pipe ("VCP") pipe with a 12-inch sewer
main, which is located near the intersection of Newport Place and Dove Street.
This off -site improvement would result in approximately 435 linear feet of sewer
line replacement. No other off -site improvements other than typical utility
connections are proposed or required as part of the project.
5. The Project is consistent with the following City of Newport Beach General Plan
policies that establish fundamental criteria for the formation and implementation of
new residential villages in the Airport Area (additional policy analysis is included in
Addendum No. 8, prepared for the Project).
a. Land Use 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 Project enhances the distinct, urban character of the Airport Area by
providing a means for replacing parking lots and an office building with
attractive and functional residential 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
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topography, or view sheds. The proposed project would introduce
residential units to the Property consistent with the uses and urbanized
character of the Airport Area and the proposed Mixed -Use Horizontal (MU-
H2) designation.
b. Land Use 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.
The Project establishes 67 multi -family residential units, including 8
affordable units for families of low and very -low income. The Project
responds to market needs and diversifies the City's housing stock by adding
additional dwelling units to the Airport Area.
C. Land Use Policy 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 AELUP, therefore, the ALUC,
must review the GPA and PCDP Amendment pursuant to Government
Code Section 65302.3 and Public Utilities Code Section 21676. The
purpose of ALUC's review is to determine whether the Project is consistent
with the AELUP prior to the City Council taking action on the Project. The
Project is consistent with the noise and safety standards of the AELUP. With
respect to noise, the City adopted noise -related amendments to the General
Plan Noise and Land Use Elements, the Newport Place Planned
Community (PC-11) and Title 20 (Planning and Zoning) of the NBMC
contours to implement the 6th Cycle Housing Element. The Project is located
partially within the updated 60 decibel ("dBA") community noise equivalent
level ("CNEL") contour as shown in Figure N5 of the Noise Element of the
General Plan, where residential development is allowed. As a result, the
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Project will be required to comply with the development standards set forth
in Section 20.30.080(F) (Noise - Airport Environs Land Use Plan) of the
NBMC. The Property is outside of any safety zones set forth in the AELUP,
therefore, is consistent with the noise standards of the AELUP.
d. Land Use Policy LU 6.15.3 (Airport Compatibility). Require that all
development be constructed in conformance with the height restrictions set
forth by the Federal Aviation Administration (FAA), Federal Aviation
Regulations (FAR) Part 77, and Caltrans Division of Aeronautics, and that
residential development shall be allowed only on parcels with noise levels
of less than John Wayne Airport 65 d8A CNEL noise contour area as shown
in Figure N5 of the Noise Element of the General Plan, unless and until the
City determines, based on substantial evidence, that the sites wholly within
the 65 d8A CNEL noise contour shown in Figure N5 are needed for the City
to satisfy its Sixth Cycle RHNA mandate. Nonresidential uses are, however,
encouraged on parcels located wholly within the 65 d8A CNEL contour
area.
The Project is located at 1401 Quail Street and approximately 81 feet in
height. The Federal Aviation Administration ("FAA") conducted an
aeronautical study of the Project pursuant to applicable federal regulations
and has determined no hazard to air navigation for the Project.
The Project is located partially within the updated 60 dBA CNEL contour as
shown in Figure N5 of the Noise Element of the General Plan, where
residential development is allowed, subject to the development standards
set forth in Section 20.30.080(F) (Noise - Airport Environs Land Use Plan)
of the NBMC.
e. Land Use 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
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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.
General Plan Land Use Policy LU 6.15.5 establishes a development limit of
2,200 maximum dwelling units for the Airport Area. Of the 2,200 residential
units allowed, 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. Any eligible density bonus allowed by State Density Bonus
Law and Chapter 20.32 (Density Bonus) of the NBMC are not included in
the 2,200-unit allowance.
The 550 additive units have been previously allocated to the Uptown
Newport and Residences at 4400 Von Karman projects. The Property is
developed with an existing one-story commercial office building totaling
22,956 square feet. Since the Project can be developed only as the
replacement of the underlying nonresidential use (office), and the number
of peak hour trips generated by cumulative development of the Property
shall not exceed the number of trips that would result from development of
the underlying permitted nonresidential uses, a conversion rate of 2.29
dwelling units per 1,000 square feet of commercial floor area is required.
This results in a total of 52 dwelling units. With a 27.5% density bonus or 15
dwelling units request, a total of 67 (52+15) dwelling units are proposed for
the Project.
Presently, there are a total of 353 remaining and available dwelling units in
the Airport Area. Considering the dwelling unit sum of the previously
approved projects and this Project, the remaining development allocation
within the Airport Area would be 301 (353-52) dwelling units (exclusive of
density bonus units). A separate project, Residences at 1400 Bristol, is
under review to allow 64 units (exclusive of any density bonus). Assuming
the 1400 Bristol project is approved, the remaining development allocation
would be reduced to 212 (301-89=212) dwelling units.
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f. Land Use Policy 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 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 1.71 acres in size. The Residential Overlay of the Newport
Place Planned Community (PC-11) allows residential development on sites
containing less than 10-acres if housing units affordable to lower income
households are provided. The Project includes eight dwelling units that will
be affordable for low and very low-income households. If the Newport Place
Planned Community (PC-11) is amended to include the Project within the
Residential Overlay, as requested by the Applicant, the Project will be
exempt from General Plan Land Use Policy LU 6.15.6 (Size of Residential
Villages).
g. Land Use Policy 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 Project has a base density of 30 units per acre (52 units on 1.71 acres)
which is consistent with the 30 to 50 dwelling units per acre allowed range.
The base density does not include the 27.5% density bonus of 15 units that
is allowed by the State Bonus Density Law and Chapter 20.32 (Density
Bonus) of the NBMC which includes eight units set aside for affordable
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housing. Altogether, the Project has an overall density of 39 dwelling units
per acre, which is exclusive of rights -of -ways, public pedestrian ways, and
neighborhood parks.
The Project is a for -sale development with 67 condominium units, which
provides residents with an ownership option that differs from surrounding
apartment projects. There is a mixture of unit types, ranging from two -
bedroom to three -bedroom units, accommodating a variety of household
types and incomes. Of the 67 units, eight units will be affordable to low and
very low-income households and 59 units will be market -rate housing.
h. Land Use Policy 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 Project would be developed in one phase on an individual site with a
density of 39 units per acre. The Project provides a mixture of residential
unit types that include eight units of affordable housing to low and very low-
income households. The proposed density is below the required minimum
of 45 units per acre since the applicant is providing a lower density to
accommodate larger individual units for residents.
Land Use Policy 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%of the total
Residential Village Area or one acre in area, whichever is greater, and shall
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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 Project includes a waiver from General Plan Land Use Policy LU
6.15.13, as is allowed by the policy, due to a 1.71-acre parcel size that is
too small to feasibly accommodate a park. As a part of the DA, the Applicant
is proposing to use an incentive or concession allowed under State Density
Bonus Law to waive a portion of the required in -lieu fee.
Land Use Policy 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.
See finding for General Plan Land Use Policy LU 6.15.13 (Neighborhood
Park Standards) above, which is incorporated herein by reference.
k. Land Use Policy 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
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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% of the parkland dedication requirements.
The Project is located on a 1.71-acre site and is not subject to Land Use
Policy LU 6.15.16, as the policy only applies to properties consisting of 8-
acres or larger. However, the Project exceeds the 2,948-square-foot (44
square feet x 67 units) on -site recreational amenities by providing a total of
7,597 square feet or approximately 113 square feet per unit which includes
a pool deck with swimming pool and spa, a clubroom, an outdoor seating
area, and a lounge area.
Land Use Policy 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.
The Project is a podium style development with an internal driveway for
vehicular circulation to the lobby and garage entry, accessed from Spruce
Street. Pedestrian connections are provided to public sidewalks along
Spruce Street and Quail Street. The Project retains the curb -to -curb
dimension of both Quail Street and Spruce Street.
M. Land Use Policy LU 6.15.18 (Walkable Streets). Retain the curb -to -curb
dimension of existing streets but widen sidewalks to provide park strips and
generous sidewalks by means of dedications or easements. Except where
traffic loads preclude fewer lanes, add parallel parking to calm traffic, buffer
pedestrians, and provide short term parking for visitors and shop customers.
See finding for Land Use Policy LU 6.15.17 (Street and Pedestrian Grid)
above, which is incorporated herein by reference.
n. Land Use Policy LU 6.15.19 (Connected Streets). Require dedication and
improvement of new streets as shown on Figure LU23. The illustrated
alignments are tentative and may change as long as the routes provide the
intended connectivity. If traffic conditions allow, connect new and existing
streets across Macarthur Boulevard with signalized intersections,
crosswalks, and pedestrian refuges in the median.
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See finding for Land Use Policy LU 6.15.17 (Street and Pedestrian Grid)
above, which is incorporated herein by reference.
o. Land Use Policy LU 6.15.20 (Pedestrian Improvements). Require the
dedication and improvement of new pedestrian ways as conceptually
shown on Figure LU23. The alignment is tentative and may change as long
as the path provides the intended connectivity. For safety, the full length of
pedestrian ways shall be visible from intersecting streets. To maintain an
intimate scale and to shade the path with trees, pedestrian ways should not
be sized as fire lanes. Pedestrian ways shall be open to the public at all
times.
The Project includes conditions of approval requiring the reconstruction of
all broken and/or damaged curb, gutter, and sidewalk along Spruce and
Quail Street frontages to preserve all existing sidewalks for pedestrian
access.
P. Land Use Policy LU 6.15.22 (Building Massing). Require that high-rise
structures be surrounded with low- and mid -rise structures fronting public
streets and pedestrian ways or other means to promote a more pedestrian
scale.
The Project is approximately 81 feet in height and is compatible with nearby
properties located in the Airport Area. The adjacent property at 1451 Quail
Street is developed with an approximately 37-foot-tall office building. The
1400 Quail Street property, located directly across Quail Street, is
developed with an approximately 30-foot-tall office building. This is
consistent with the policy as there are lower structures surrounding the
Project, which is taller. Furthermore, a 78-foot-tall residential apartment
building has been approved to be constructed at 1300 Bristol Street, which
is located across Spruce Street. Finally, 1400 Bristol, which is the adjacent
property, is proposing a 229-unit apartment project that is 85 feet in height.
The Project includes pedestrian connectivity to public sidewalks along
Bristol Street and Spruce Street and pedestrian -scale landscaped areas
around the apartment building.
q. Land Use Policy LU 6.15.23 (Sustainability Development Practices).
Require that development achieves a high level of environmental
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sustainability that reduces pollution and consumption of energy, water, and
natural resources. This may be accomplished through the mix and density
of uses, building location and design, transportation modes, and other
techniques. Among the strategies that should be considered are the
integration of residential with jobs -generating uses, use of alternative
transportation modes, maximized walkability, use of recycled materials,
capture and re -use of storm water on -site, water conserving fixtures and
landscapes, and architectural elements that reduce heat gain and loss.
The Project is required to comply with the provisions of the of the Building
and Energy Efficiency Standards codified in Title 24, Parts 6 and 11 of the
California Code of Regulations ("CCR") and the Green Building Standards
Code codified in Title 24, Part 11 of the CCR - CALGreen. Additionally, the
Project would implement water -efficient landscaping, water quality best
management practices to treat surface runoff from the Property, and low
impact development practices.
The Project is also adjacent to office developments in the Airport Area and
would provide housing near employment opportunities. The Project
includes pedestrian linkage to public sidewalks that would provide
connections throughout the site and to adjacent and surrounding uses,
thereby providing an alternative mode of public transportation for the
residents and their visitors. The Project would also provide alternative forms
of transportation to residents by locating close to the existing Orange
County Transportation Authority ("OCTA") bus routes provided along Bristol
Street and Birch Street.
Tribal Consultation Finding:
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.
Fact in Support of Tribal Consultation Finding:
The City received comments from the NAHC indicating that 12 tribal contacts should be
provided notice regarding the proposed amendment. The tribal contacts were provided
notice on March 15, 2023. California Government Code Section 65352.3 requires
notification 90 days prior to Council action to allow tribal contacts to respond to the request
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to consult. The Project will not be heard by the City Council until after the 90-day period,
which expired on June 13, 2023. The City participated in consultations with two tribes: the
Gabrieleno Band of Mission Indians — Kizh Nation and the Juaneno Band of Mission
Indians, Acjachemen Nation-Belardes. Based on consultation with the participating
Native American Tribes, conditions of approval have been included to ensure that a
proper monitoring program is in place during the Project's construction.
Charter Section 423 Analysis Finding:
Section 423 of the Charter of the City of Newport Beach ("Charter Section 423") requires
voter approval of any major General Plan amendment. A major General Plan amendment
is one that significantly increases allowed density or intensity by 40,000 square feet of
non-residential floor area, increases traffic by more than 100 peak hour vehicle trips
(AM/PM), or increases residential dwelling units by 100 units. These thresholds apply to
the total of increases resulting from the amendment itself, plus 80 percent of the increases
resulting from other amendments affecting the same neighborhood (defined as a
Statistical Area as shown in the General Plan Land Use Element) and adopted within the
preceding ten years.
Council Policy A-18 (Guidelines for Implementing Charter Section 423) requires that
proposed amendments to the General Plan be reviewed to determine if a vote of the
Newport Beach electorate would be required. This policy includes a provision that all
General Plan amendments be tracked as "Prior Amendments" for 10 years to determine
if minor amendments in a single Statistical Area cumulatively exceed the thresholds
indicated above.
Fact in Support of Finding with Charter Section 423:
The Property is within Statistical Area L4. There are no prior CPAs in Statistical Area L4
in the past 10 years, besides the currently proposed 64 additional dwelling units resulting
in a net increase of 24 a.m. peak hour trips and 25 p.m. peak hour trips for the Residences
at 1400 Bristol Street. The GPA would change the land use designation only and not
result in an increase in development. The 52 base dwelling units are already included in
the Mixed -Use Horizontal (MU-H2) development capacity of 2,200 units and no increase
in allowed floor area is proposed. Additionally, there is no increase in AM or PM peak
hour trips pursuant to the Institute of Transportation Engineers ("ITE") trip rates included
as Exhibit B of Council Policy A-18. As a result, the GPA is not classified as a major
amendment requiring a vote of the electorate should the City Council choose to approve
the GPA.
Resolution No. 2024-26
Page 16 of 29
Section 4: In accordance with Section 20.52.080(F) (Site Development
Reviews — Findings and Decision) of the NBMC, the following findings and facts in support
of such findings are set forth as follows:
Finding of Consistency with Section 20.52.080(F)(1):
The proposed development is allowed within the subject zoning district.
Fact in Support of Finding with Section 20.52.080(F)(1):
The Property is located within Industrial Site 3 of Newport Place Planned Community (PC-
11). The Project includes a request to amend Property's land use designation and
inclusion as a part of the Residential Overlay of the Newport Place Planned Community
(PC-11). The Residential Overlay allows for residential development consistent with the
requested Mixed -Use Horizontal 2 (MU-H2) land use designation and subject to site
development review.
Finding of Consistency with Section 20.52.080(F)(2):
The proposed development is in compliance with all of the following applicable criteria:
i. Compliance with this section, the General Plan, this Zoning Code, any
applicable specific plan, and other applicable criteria and policies related to the
use or structure;
ii. The efficient arrangement of structures on the site and the harmonious
relationship of the structures to one another and to other adjacent
developments; and whether the relationship is based on standards of good
design;
iii. The compatibility in terms of bulk, scale, and aesthetic treatment of structures
on the site and adjacent developments and public areas;
iv. The adequacy, efficiency, and safety of pedestrian and vehicular access,
including drive aisles, driveways, and parking and loading spaces;
v. The adequacy and efficiency of landscaping and open space areas and the use
of water efficient plant and irrigation materials; and
Resolution No. 2024-26
Page 17 of 29
vi. The protection of significant views from public right(s)-of-way and compliance
with NBMC Section 20.30.100 (Public View Protection).
Facts in Support of Finding with Section 20.52.080(F)(2):
1. Refer to findings set forth in Section 3 above, that discuss the Project's consistency
with the proposed Mixed -Use Horizontal 2 (MU-H2) General Plan land use
designation.
2. The Project includes PCDP Amendment, which incorporated the zoning
regulations for the Property. The amendment, which is a legislative act, would
include the Property within the Residential Overlay of the Newport Place Planned
Community (PC-11). The PCDP Amendment complies with the intent of the
proposed Residential Overlay of the Newport Place Planned Community (PC-11)
as follows:
a. The Project allocates 15% of the base units (eight dwelling units) as
affordable units. Of the eight units, six are restricted to very -low-income
households and two are restricted to low-income households.
b. Given the location of the Property in the Airport Area which includes a
mixture of service uses, hotels, Airport and commercial support services,
professional offices, and new residential developments that cumulatively
contain the ingredients of a planned community, the proposed PC
Amendment would not disrupt the existing uses within the Planned
Community and would add to this diversity of uses, assisting the City in
larger scale community planning and the provision of additional housing
opportunities.
C. The Property is located within 85 feet of the Residential Overlay. The
property nearest to the site within the Residential Overlay is 1300 Bristol
Street, across Spruce Street. The property at 1300 Bristol has been
approved but not yet constructed as a residential apartment project. The
Project would be consistent with the anticipated future development of 1300
Bristol and the proposed Residences at 1400 Bristol Project as well other
adjacent properties within the Residential Overlay of the Newport Place
Planned Community (PC-11).
Resolution No. 2024-26
Page 18 of 29
d. The Project would be subject to the appropriate site and project specific
setbacks, density, and height limits for this urban location. All required
parking is provided on -site. The Project complies with the development
standards identified for the Residential Overlay, except as modified by the
allowed development standard waivers identified in the Affordable Housing
Implementation Plan. The Residential Overlay provides a density range for
proposed projects and references the Section 20.32 (Density Bonus) of the
NBMC that prescribes the maximum density bonus and incentives allowed.
The Project includes a density bonus of 27.5%, where the PCDP
Amendment references a maximum density bonus of 35%. Therefore, the
proposed project is consistent with the intent of the density bonus
assumptions in the Residential Overlay.
e. The PCDP Amendment requires a site development review in accordance
with Section 20.52.080 (Site Development Reviews) of the NBMC. The
Project includes a site development review, and all required findings are
addressed below.
f. The PCDP Amendment requires the density for a residential development
to be between 30 and 50 dwelling units per acre. The Project includes 52
base units, not including density bonus units. Since the Property is 1.71
acres in size, there is a base density of 30 dwelling units per acre. With
density bonus, there is a total of 67 dwelling units, which results in 39 units
per acre. Both the density with and without the density bonus units are
consistent with the PCDP Amendment density requirement.
g. The Property is located near existing office buildings within the Airport Area
and is not negatively impacted by noise, dust, smoke, vibration, odor, toxic
or noxious matter that may be generated by existing commercial or
industrial uses nearby.
h. Residential dwellings are to be permitted as replacement of existing
nonresidential uses, and the number of peak hour trips generated by the
Project is not to exceed the number of trips of the underlying permitted
nonresidential use. The Property is developed with an existing one-story
commercial office building totaling 22,956 square feet. A standardized
conversion rate of 2.29 dwelling units per 1,000 square feet of commercial
floor area, as provided by the City Traffic Engineer, is required. This results
in a total of 52 dwelling units, which is the proposed based density of the
Resolution No. 2024-26
Page 19 of 29
Project. With a 27.50% density bonus or 15 dwelling units request, a total
of 67 (52+15) dwelling units are proposed for the Project.
i. The Property is fully developed and does not support any natural resources
and all potential environmental impacts associated with the project are
appropriately addressed through standard building permit procedures,
conditions of approval, and the General Plan Policies identified in the 2006
General Plan Update PEIR (SCH No. 2006011119) and the City of Newport
Beach Housing Element Update Initial Study/Negative Declaration.
3. The proposed six -story residential building would be approximately 81 feet in
height inclusive of architectural elements and screened rooftop mechanical
equipment. The Project is designed with a darker grey stucco finish on the podium
and first floor levels and a white stucco finish for the floors above. The contrast in
colors reduces the visual mass and bulk of the building and creates variations in
the aesthetic design. Additionally, various units on each elevation are constructed
with walkable decks with glass railings, adding additional aesthetic treatment to
the building. The Project's building mass is compatible with the surrounding office
and residential developments.
4. The Project includes a variety of enhanced amenities such as private residential
balconies, a large pool deck, an outdoor seating area, a clubroom, and enclosed
lounge.
5. The Project includes 146 onsite parking spaces located on a podium level parking
structure which includes a subterranean gated parking structure underneath. The
Project includes adequate onsite parking exceeding the minimum required
residential standard pursuant to State Density Bonus Law.
6. The Property is generally flat and bordered by existing office buildings and
developed roadways. The City's General Plan does not identify any scenic vistas
or view points on or proximate to the Property. The nearest public view point to the
Property identified in the City's General Plan is approximately 3,000 feet to the
south at Bayview Park. The nearest coastal view designated portion of Jamboree
Road is approximately 3,000 feet south of the site. Due to the distance and highly
urbanized nature of the Project area, public coastal views along this view corridor
would not be impacted by the Project.
Resolution No. 2024-26
Page 20 of 29
Finding of Consistency with Section 20.52.080(F)(3):
The proposed development is not detrimental to the harmonious and orderly growth of
the City, nor will it endanger, jeopardize, or otherwise constitute a hazard to the public
convenience, health, interest, safety, or general welfare of person residing or working in
the neighborhood of the proposed development.
Facts in Support of Finding with Section 20.52.080(F)(3):
1. The Project has been designed to ensure that potential conflicts with surrounding
uses are minimized to the extent possible to maintain a healthy environment for
both surrounding businesses and residents by providing an architecturally pleasing
project with articulation and building modulations to enhance the urban
environment.
2. The proposed residential building has been designed to accommodate and provide
safe access for emergency vehicles, delivery trucks, and refuse collections
vehicles, as determined by the City Traffic Engineer. Refuse collection is
accommodated via an on -site staging area along the private driveway to ensure
safe maneuvering by refuse vehicles. Emergency vehicles will have access via
Bristol Street and Spruce Street.
3. The Property is located approximately 0.57 mile east of the southernmost John
Wayne Airport runway and is within the notification area of the AELUP for John
Wayne Airport. However, the Project is below the maximum transitional imagery
surface heights, and thus the Project is within the building height limits of the
AELUP. The Property is located partially within the updated 65 dBA CNEL noise
contours for John Wayne Airport and Safety Zone 6 (Traffic Pattern Zone) of the
AELUP, where the likelihood of an accident is low. Consistent with the Residential
Overlay in the Newport Place Planned Community (PC-11), the Project shall be
required to comply with conditions specified in Section 20.30.080(F) (Noise -
Airport Environs Land Use Plan) of the NBMC, including provisions of noise study,
sound attenuation design features, and notice to all future residents of potential
annoyances or inconveniences associated with residing in proximity to airport
operations.
4. The Project will comply with all Building, Public Works, Fire Codes, City
ordinances, and all conditions of approval.
Resolution No. 2024-26
Page 21 of 29
Section 5: In accordance with Section 19.12.070(A) (Required Findings for Action
on Tentative Maps) of the NBMC, the following finding and facts in support of such findings
are set forth as follows:
Finding of Consistency with Section 19.12.070(A)(1):
That the proposed map and the design or improvements of the subdivision are consistent
with the General Plan and any applicable specific plan, and with applicable provisions of
the Subdivision Map Act and this Subdivision Code.
Facts in Support of Finding with Section 19.12.070(A)(1):
1. The Project is consistent with the proposed Mixed -Use Horizontal (MU-H2) General
Plan designation of the Property, which provides for a horizontal intermixing of
uses that include multi -family residential development.
2. The Public Works Department has reviewed the proposed vesting tentative tract
map and determined it is consistent with Title 19 (Subdivisions) of the NBMC and
applicable requirements of the Subdivision Map Act.
3. Conditions of approval have been included to ensure compliance with Title 19
(Subdivisions) of the NBMC.
Finding of Consistency with Section 19.12.070(A)(2):
That the site is physically suitable for the type and density of development.
Facts in Support of Finding with Section 19.12.070(A)(2):
1. The Property is entirely developed and does not support any environmental
resources.
2. The Property is located in the John Wayne Airport area. The Property is currently
improved with a 22,956-square-foot office building. Given its location, this site is
ideal for the development of a residential project as it is identified as a housing
inventory site of the City's adopted and certified 6th Cycle Housing Element.
Resolution No. 2024-26
Page 22 of 29
Finding of Consistency with Section 19.12.070(A)(3):
That the design of the subdivision or the proposed improvements will not cause
substantial environmental damage nor substantially and avoidably injure fish or wildlife or
their habitat. However, notwithstanding the foregoing, the decision -making body may
nevertheless approve such a subdivision if an environmental impact report was prepared
for the project and a finding was made pursuant to Section 21081 of the California
Environmental Quality Act that specific economic, social, or other considerations make
infeasible the mitigation measures or project alternatives identified in the environmental
impact report.
Facts in Support of Finding with Section 19.12.070(A)(3):
An Addendum to the PEIR and the City of Newport Beach Housing Element Update Initial
Study/Negative Declaration has been prepared and concludes that no significant
environmental impacts will result with the Project development of the Property in
accordance with the VTM.
Finding of Consistency with Section 19.12.070(A)(4):
That the design of the subdivision or the type of improvements is not likely to cause
serious public health problems.
Facts in Support of Finding with Section 19.12.070(A)(4):
1. The VTM is required for the subdivision of parcels for the separate sale of 67
condominium units. All construction for the Project will comply with all Building,
Public Works, and Fire Codes, which are in place to prevent serious public health
problems. Public improvements will be required of the Applicant per Section
19.28.010 (General Improvements Requirements) of the NBMC and Section
66411 of the Subdivision Map Act. Compliance with all ordinances of the City and
all Conditions of Approval for the Project will ensure that the Project will not cause
any serious health problems.
2. All mitigation measures will be implemented as outlined in the Addendum to the PEIR
and the City of Newport Beach Housing Element Update Initial Study/Negative
Declaration to ensure the protection of the public health.
3. No evidence is known to exist that would indicate that the separate sale of
condominiums will generate any serious public health problems.
Resolution No. 2024-26
Page 23 of 29
Finding of Consistency with Section 19.12.070(A)(5):
That the design of the subdivision or the type of improvements will not conflict with
easements, acquired by the public at large, for access through or use of, property within
the proposed subdivision. In this connection, the decision -making body may approve a
map if it finds that alternate easements, for access or for use, will be provided and that
these easements will be substantially equivalent to easements previously acquired by the
public. This finding shall apply only to easements of record or to easements established
by judgment of a court of competent jurisdiction and no authority is hereby granted to the
City Council to determine that the public at large has acquired easements for access
through or use of property within a subdivision.
Facts in Support of Finding with Section 19.12.070(A)(5):
1. The design of the Project will not conflict with any easements acquired by the public
at large for access through or use of property within the Property.
2. No other public easements for access through or use of the Property have been
retained for use by the public at large.
Finding of Consistency with Section 19.12.070(A)(6):
That, subject to the detailed provisions of Section 66474.4 of the Subdivision Map Act, if
the land is subject to a contract entered into pursuant to the California Land Conservation
Act of 1965 (Williamson Act), the resulting parcels following a subdivision of the land
would not be too small to sustain their agricultural use or the subdivision will result in
residential development incidental to the commercial agricultural use of the land.
Fact in Support of Finding with Section 19.12.070(A)(6):
The Property is not subject to the Williamson Act since the Property is not considered an
agricultural preserve and is less than 100 acres.
Finding of Consistency with Section 19.12.070(A)(7):
That, in the case of a "land project" as defined in Section 11000.5 of the California
Business and Professions Code: (a) there is an adopted specific plan for the area to be
included within the land project; and (b) the decision -making body finds that the proposed
land project is consistent with the specific plan for the area.
Resolution No. 2024-26
Page 24 of 29
Facts in Support of Finding with Section 19.12.070(A)(7):
1. The Property is not a "land project" as defined in Section 11000.5 of the California
Business and Professions Code.
2. The Property is not located within a specific plan area.
Finding of Consistency with Section 19.12.070(A)(8):
That solar access and passive heating and cooling design requirements have been
satisfied in accordance with Sections 66473.1 and 66475.3 of the Subdivision Map Act.
Fact in Support of Finding with Section 19.12.070(A)(8):
The VTM and improvements are subject to the California Building Code set forth in Title
24 of the CCR that requires new construction to meet minimum heating and cooling
efficiency standards depending on location and climate. The Newport Beach Building
Division enforces the California Building Code compliance through the plan check and
inspection process.
Finding of Consistency with Section 19.12.070(A)(9):
That the subdivision is consistent with Section 66412.3 of the Subdivision Map Act and
Section 65584 of the California Government Code regarding the City's share of the
regional housing need and that it balances the housing needs of the region against the
public service needs of the City's residents and available fiscal and environmental
resources.
Facts in Support of Finding with Section 19.12.070(A)(9):
1. The VTM is consistent with Section 66412.3 of the Subdivision Map Act and
Section 65584 of the California Government Code regarding the City's share of the
regional housing need. The Project does not involve the elimination of residential
rooms and therefore will not affect the City's ability to meet its share of housing
needs. On the contrary, the Property is identified as a housing opportunity site by the
adopted and certified 6th Cycle Housing Element and proposes includes 67 dwelling
units, eight of which are considered affordable housing for families that qualify as low
income.
Resolution No. 2024-26
Page 25 of 29
2. Public services are available to serve the Project and the Addendum to the PEIR
and the City of Newport Beach Housing Element Update Initial Study/Negative
Declaration prepared for the Project indicates that the Project's potential
environmental impacts are properly mitigated.
Finding of Consistency with Section 19.12.070(A)(10):
That the discharge of waste from the proposed subdivision into the existing sewer system
will not result in a violation of existing requirements prescribed by the Regional Water
Quality Control Board.
Facts in Support of Finding with Section 19.12.070(A)(10):
1. Waste discharge into the existing sewer system will be not violate Regional Water
Quality Control Board requirements.
2. Sewer connections have been conditioned to be installed per City Standards, the
applicable provisions of Chapter 14.24 (Sewer Connection, Permits) of the NBMC,
and the latest version of the Uniform Plumbing Code.
Finding of Consistency with Section 19.12.070(A)(11):
For subdivisions lying partly or wholly within the Coastal Zone, that the subdivision
conforms with the certified Local Coastal Program and, where applicable, with public
access and recreation policies of Chapter Three of the Coastal Act.
Fact in Support of Finding with Section 19.12.070(A)(11):
The Property is not located in the coastal zone and is not subject to a coastal development
permit.
Section 6: The AHIP, attached hereto as Exhibit "D," is consistent with the intent
to implement affordable housing goals within the City pursuant to State Density Bonus
Law and Chapter 20.32 (Density Bonus) of the NBMC for the following reasons:
1. Consistent with the requested 27.5% density bonus, eight units of the Project's
base units 52 would be set aside as affordable units. Of the eight units, six are
restricted to very -low-income households and two are restricted to low-income
households. Low-income households are defined as households 80% or less of
the area median income, while very -low-income households are defined as
Resolution No. 2024-26
Page 26 of 29
households 50% or less of the area median income, both adjusted for family size.
Since the Project is for -sale condominiums, the affordable units are subject to an
equity sharing agreement without expiration, unless sold to a nonprofit housing
corporation.
2. State Density Bonus Law and Chapter 20.32 (Density Bonus) of the NBMC provide
for an increase in the number of units above General Plan and zoning limits for
projects that include a minimum of 15%of the base units affordable to low and very
low-income households. The Project's inclusion of 8 affordable units (6 very low-
income units and 2 low-income), which is 15%of the base unit count of 52 units,
makes the Project eligible for 15 density bonus units. The Project total is 67 units.
3. In addition to the 15 density bonus units and parking reductions, the Project is
entitled to receive up to two incentives or concessions under State Density Bonus
Law and Section 20.32.070 (Allowed Incentives or Concessions) of the NBMC that
would result in identifiable, financially sufficient, and actual cost reductions. The
Project includes the following concessions the first of which the Project is entitled
to and the second, which is at the City Council's discretion:
a. Affordable Unit Mix: Section 20.32.110 (Design and Distribution of
Affordable Units) of the NBMC requires affordable units in a density bonus
project reflect the same range of unit types in the residential development
as a whole. In this case, the Project provides all eight affordable units as
two -bedroom units, whereas, the overall unit mix includes 27 two -bedroom
units and 40 three -bedroom units. Granting an incentive from the unit -mix
will result in identifiable, financially sufficient, and actual cost reductions for
the Project.
b. Partial Payment of In -Lieu Park Fee: General Plan Land Use Element Policy
6.15.13 requires residential development to provide a public park equal to
8% of the gross land area of the development, or a minimum one-half acre,
whichever is greater, to be provided. Since the 1.71-acre Property is too
small to feasibly accommodate the physical dedication of the park, the
Policy requires an in -lieu fee paid to the City for the acquisition and
improvement of other properties as parklands to serve the Airport Area. The
Applicant is requesting to use a second incentive to waive a portion of the
fee to provide cost reductions and make the Project financially feasible,
which is within the City Council's discretion to approve.
Resolution No. 2024-26
Page 27 of 29
4. The Project is entitled to receive waivers or reductions of development standards
under State Density Bonus Law, Section 20.32.080 (Waivers or Reductions of
Development Standards) of the NBMC, and recent caselaw if the development
standard would physically prevent the Project from being built at the permitted
density. In this case, the Project is entitled to waivers of the following development
standards:
a. Park dedication requirements (two waivers):
General Plan Land Use Policy LU 6.15.13 requires a public park
equal to eight percent of the gross land area of the development, or
a minimum one-half acre, whichever is greater, be provided. The
Applicant proposes to waive the one-half acre requirement and a
partial park in -lieu fee.
ii. Section 19.52.040 (Parkland Standard) of the NBMC requires the
City's park dedication standard to be five acres per thousand
population due to the proposed vesting tentative tract for residential
condominium purposes. Per the latest census data, the average
persons per household is 2.2 persons, which results in 147.4 persons
and a 0.74-acre park dedication requirement. Regardless of any
requirements, the Property is 1.71 acres in size which is too small to
feasibly accommodate a park of minimum one-half acre in size.
b. Street setbacks. The Newport Place Planned Community (PC-11) requires
street setbacks of 30 feet from property lines. In this case, 30-foot setbacks
along Quail Street and Spruce Street would substantially decrease the
development of the footprint of the Project. The Project is designed with a
11-foot setback from Spruce Street and a 10-foot setback to Quail Street.
C. Building height. The Newport Place Planned Community (PC-11)
Residential Overlay limits building height to 55 feet from established grade.
In this case, a higher building height is necessary to accommodate 67
residential units. The Project is designed with a height of approximately 81
feet from established grade.
Resolution No. 2024-26
Page 28 of 29
Section 7: Environmental Impact Report Addendum No. 8 was prepared for the
Project in compliance CEQA set forth in California Public Resources Code Section 2100
et seq.; CEQA's implementing regulations set forth in the CEQA Guidelines and City
Council Policy K-3 (Implementation Procedures for the California Environmental Quality
Act) to ensure that the Project will not result in new or increased environmental impacts.
On the basis of the entire environmental record, the Project will not result in any new
significant impacts that were not previously analyzed in the PEIR for the General Plan
2006 Update (SCH No. 2006011119) and the City of Newport Beach Housing Element
Initial Study/Negative Declaration. The potential impacts associated with this Project
would either be the same or less than those described in the PEIR. 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, nor has any new information regarding potential
for new or more severe significant environmental impacts been identified.
The City Council finds that judicial challenges to the City's CEQA determinations
and approvals of land use projects are costly and time consuming. In addition, project
opponents often seek an award of attorneys' fees in such challenges. As project
applicants are the primary beneficiaries of such approvals, it is appropriate that such
applicants should bear the expense of defending against any such judicial challenge, and
bear the responsibility for any costs, attorneys' fees, and damages which may be awarded
to a successful challenger.
Section 8: The recitals provided in this resolution are true and correct and are
incorporated into the operative part of this resolution.
Resolution No. 2024-26
Page 29 of 29
Section 9: 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.
Section 10: This resolution shall take effect immediately upon its adoption by the
City Council, and the City Clerk shall certify the vote adopting the resolution.
ADOPTED this 9th day of April, 2024.
Will O'Neill
Mayor
ATTEST:
APPROVED AS TO FORM:
CITY ATTORNEY'S OF I E
Aar n C. Harp
City Attorney
Attachment(s): Exhibit "A" — General Plan Amendment
Exhibit "B" — Site Development Review
Exhibit "C" — Tentative Tract Map No. 19621
Exhibit "D" — Affordable Housing Implementation Plan
Exhibit "E" — Conditions of Approval
Exhibit "A"
General Plan Amendment
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Exhibit "D"
Affordable Housing Implementation Plan
1401 QUAIL STREET, NEWPORT BEACH, CA 92660
AFFORDABLE HOUSING IMPLEMENTATION PLAN
NOVEMBER 28, 2023
Project Description & Affordability Level
The developer, Intracorp Homes ("Developer") is proposing the 1401 Quail Street residential development
(described herein as "1401 Quail Street") on a 1.71 net acre site located in the Newport Place area. The
site is located west of the intersection of Quail Street and Spruce Avenue. The project site is governed by
the Newport Place Specific Plan, which has a 30 du / acre minimum in the Planned Community Residential
Overlay. The site is currently not under the Residential Overlay, but the application includes an
amendment to the Planned Community text to include it. The Residential Overlay requires a minimum of
15% of the base units be set aside as affordable to lower -income households. Lower -income households
are defined as those making less than 80% of the area median income, as adjusted for family size by the
United States Department of Housing and Urban Development.
The Developer is proposing a for -sale development consisting of 67 residential condominium units. Of the
67 units, 52 are Base Units and 15 are Density Bonus units. To comply with the 15% affordability
requirement of the Residential Overlay, 6 units will be set aside for Very Low -Income households and 2
units will be set aside for Low Income households (15 percent of 52 Base Units).
Eligibility for Density Bonus
The 1401 Quail Street development will provide 6 units affordable to Very Low -Income households, 10%
of the Base Units as outlined in Table 1. As a result, the project is eligible for a 32.5% density bonus
pursuant to the provisions of Government Code Section 65915. Homes Prices for the income -restricted
units will be computed in accordance with Health and Safety Code Sec. 50053, as required by Government
Code Section 65915(c)(2).
Density Bonus Computation and Term of Affordability
The density bonus computation for the project per Government Code Section 65915 is shown in Table 1:
Table 1
Project Area (acres) 1.71
Allowable Density (du/ac) 30
Allowable Residential Units Before Density Bonus
(Base Units) 52
Very Low Income Units Set Aside (10% of base) 6
Eligible Density Bonus 32.5% 17
Total Allowable Units with Density Bonus 69
Total Units Proposed 67
The Developer intends to build the project as a for -sale residential condominium community. The income -
restricted units will have affordability restrictions on the sale and conveyance of the units under an equity
sharing agreement, per Government Code Section 65915(c)(2).
Reduction in Parking
The 1401 Quail Street development meets the criteria of subdivision (b) of Government Code Sec. 65915
and Section 20.32.030 of the City's Zoning Code by providing more than ten percent (10%) of the total
units of a housing development (excluding any units permitted by the density bonus awarded pursuant to
that section) for Low Income households.
Government Code Section 65915(p) and Section 20.32.060 of the City's Zoning Code provides the
following:
(1) Upon the request of the developer, no city, county, or city and county shall require a vehicular
parking ratio, inclusive of handicapped and guest parking, of a development meeting the criteria
of subdivision (b), that exceeds the following ratios:
a. Zero to one bedrooms: one onsite parking space.
b. Two to three bedrooms: one and one-half onsite parking spaces.
(2) If the total number of parking spaces required for a development is other than a whole
number, the number shall be rounded up to the next whole number.
Table 2 is a summary of Government Code Sec. 65915 parking requirements vs. spaces to be provided:
Table 2
The Developer requests that parking requirements be calculated in accordance with Government
Code Sec. 65915(p).
Development Incentive Request
Pursuant to Government Code Section 65915(d)(1) and Section 20.32.070 of the City's Zoning Code, the
Developer is entitled to two (2) concessions or incentive as a result of providing at least ten percent (10%)
of the units as affordable for Very Low Income households. In addition, Government Code Section
65915(e)(1) also entitles developers to waivers or modifications of development standards that if applied,
would physically preclude development of housing with the provided density bonus.
The Developer requests the following development incentives:
1) Park In -lieu Fee Payment. General Plan Land Use Policy LU 6.15.13 requires the dedication and
improvement of a neighborhood park. However, this requirement may be waived where it can be
demonstrated that the development site is too small to feasibly accommodate the park or
inappropriately located to serve the needs of nearby residents. Policy LU6.15.13 requires the
payment of an in -lieu fee to the City for the acquisition and improvement of other properties as
parklands to serve the airport area if the neighborhood park dedication is waived. In this case, the
1.71-acre Project site is too small to feasibly accommodate the park and the Developer requests
a reduction of the in -lieu fee as a non -mandatory concession. This reduction of an in -lieu fee is an
actual cost reduction that makes the development of the affordable housing units financially
feasible.
2) Affordable Unit Mix. Section 20.32.110 of the City's Municipal Code provides that "Affordable
units shall reflect the range of numbers of bedrooms provided in the residential development
project as a whole." As illustrated in the table below, the Project provides a higher percentage of
affordable 2 Bedroom units compared to the market rate units provided. Granting this incentive
will result in identifiable, financially sufficient, and actual cost reductions by reducing the higher
housing cost subsidy associated with 2- and 3-bedroom units and thereby affording additional
revenue to support the feasibility of providing affordable housing units. Developer requests that
the 8 income -restricted units be provided utilizing the following unit mixes:
Table 3
TOT�4Li�FFaR�D�L,E
;'UNIT
&UNr ` ;
Bedroom
3 Bedroom
As required by Government Code Sec. 65915(d)(1)(A), these incentives will result in identifiable and actual
cost reductions to provide for the affordable housing payments to be set in accordance with Government
Code Sec. 65915(c)(2).
Development Standard Waivers
Section 20.32.080 of the City's Municipal Code provides that "In addition to requesting an incentive or
concession, an applicant for a density bonus may also submit a proposal to the City to waive or reduce an
unlimited number of development standards that would otherwise preclude or inhibit construction of the
housing development at the densities or with the incentives permitted by this chapter.
When an applicant makes a request for a waiver, the review authority shall grant the request unless any
of the following findings are made:
1) The waiver or reduction of development standards would have a specific adverse impact upon
public health or safety, and for which there is no feasible method to satisfactorily mitigate or avoid
the specific adverse impact.
2) The waiver or reduction of development standards would have an adverse impact on any real
property listed in the California Register of Historical Resources.
3) The waiver or reduction of development standards would be contrary to State or Federal law."
The Developer proposes the following development standard waivers:
1) Street setback requirements. The Newport Place Planned Community requires street setbacks of
30 feet from property lines. In this case, 30-foot setbacks along Quail Street and Spruce Street
would substantially decrease the development of the footprint of this project. The Project is
designed with approximately 10-foot setbacks to Quail Street and 11-foot setbacks to Spruce
Street. The reduced street setbacks are necessary to provide sufficient area for the building as
well as a 26-foot wide, 2-way driveway at the entrance to the proposed community that also
serves as a required fire lane. The reduced setbacks will be sufficiently deep to provide a
significant landscape buffer.
2) Building height requirement. The Newport Place Planned Community (PC-11) limits residential
building height to 55 feet from established grade. In this case, a higher building height is necessary
to accommodate 67 residential units. The Project is designed with a height of 81 feet from
established grade.
3) General Plan Park dedication requirement. General Plan Land Use Policy LU 6.15.13 requires a
public park equal to eight percent of the gross land area of the development, or a minimum 0.5-
acres, whichever is greater, be provided. In this case, the project is required to provide a 0.50-
acre public park. The 1.71-acre Project site is too small to feasibility accommodate the required
0.50-acre park and if it were dedicated, the resulting smaller site could not physically
accommodate the proposed affordable housing development.
4) Municipal Code Park dedication requirement. Sections 19.52.040 and 19.52.050 of the City's
municipal code requires physical land to be dedicated to parks for projects containing more than
50 units. The requirement is 5 acres per 1,000 persons residing in a subdivision. In this case, using
2.2 persons per household, the Project would be required to dedicated 0.74 acres for park. The
1.71-acre Project site is too small to feasibility accommodate the required 0.74-acre park and if it
were dedicated, the resulting smaller site could not physically accommodate the proposed
affordable housing development.
Income Limits
Very Low Income Households are defined as households whose gross income does not exceed 50% of
area median income, adjusted for household size while Low Income households shall not exceed 80% of
area median income. Table 4 below shows the maximum income limits for 2023 as determined by the
U.S. Department of Housing and Urban Development and the California Department of Housing and
Community Development ("HCD") for Low Income households with household sizes appropriate for the
1401 Quail Street development:
Table 4
Orange County Median Income (3-Person Household) $115,000
Very Low Income (50% AM[) $57,500
Low Income (80% AMI) $92,000
Housing Payment Limits for Affordable Homes
The 8 income -restricted units shall be purchase at an affordable cost calculated in accordance with the
provisions of Section 50053 of the Health and Safety Code. That section requires that the housing payment
for a two -bedroom unit assumes a three -person household for housing payment calculation purposes.
For Very Low Income households in owner -occupied housing, Section 50052.5 of the Health and Safety
Code limits affordable housing payment to 30% times 50% of area median income, as calculated in Table
5 below. For Low Income households in owner -occupied housing, affordable housing payment is limited
to 30% times 70% of area median income. The values calculated are then adjusted by a utility allowance
as determined annually by the County of Orange Housing & Community Services Department. As of
October 1, 2022, the reduction for the utility allowance is $238.00 per month ($2,856 per year) for a two -
bedroom unit. The utility allowance utilized assumes gas cooking, space heating, and water heating, as
well as air conditioning, water and sewer, and trash fees which will be paid by the homeowner. The
maximum housing payment levels before property taxes, HOA, maintenance, and insurance for 2023 are
shown in Table 5 below:
Table 5
VLI $57,500 $17,250 $2,856 $7,800 $780 $5,814
Low $80,500 $24,150 $2,856 $7,800 $1,597 $11,897
The Developer will enter into an affordable housing agreement, in recordable form, with the City prior to
obtaining the first building permit for any residential unit. That agreement will ensure that the maximum
housing payment for the income -restricted units will be calculated using the methodologies as utilized in
Table 5. The housing payment rates shown will be updated prior to the commencement of sales activities
and on an ongoing basis to reflect then current income limits, utility allowances, and any changes in
applicable regulations and statutes. The sales value for the affordable units will be calculated in the
quarter that they will be available for sale. The current estimated sales price for the affordable units is
shown in Tables 6A and 6B.
Table 6A
A. Income Allocated to Housing
Area Median Income $115,000
50% Area Median Income 57,500
Income Allocated to Housing (30%) 17,250
B. Recurring Costs
Annual Utilities Allowance $2,856
HOA, Maintenance, & Insurance 7,800
Property Taxes (1.11% of Sales Price) 780
C. Income Available for Mortgage $5,814
D. Affordable Sales Price
Supportable 30-Year Mortgage at 7.9% Interest Rate $66,657
Home Buyer Down Payment (5% of Affordable Sales Price) 3,333
Affordable Sales Price
Table 66
A. Income Allocated to Housing
Area Median Income $115,000
70% Area Median Income 80,500
Income Allocated to Housing (30%) 24,150
B. Recurring Costs
Annual Utilities Allowance $2,856
HOA, Maintenance, & Insurance 7,800
Property Taxes (1.11% of Sales Price) 1,597
C. Income Available for Mortgage $11,897
D. Affordable Sales Price
Supportable 30-Year Mortgage at 7.9% Interest Rate $136,408
Home Buyer Down Payment (5% of Affordable Sales Price) 6,820
Affordable Sales Price $143,228
Equity Sharing Agreement
Per Section 20.32.140 of the City's Municipal Code, if a Very Low or Low Income unit is initially occupied
by a very low or low-income household and offered at an affordable housing cost, the unit will be subject
to an equity sharing agreement. In lieu of an equity sharing agreement, the affordable units could per sold
to a nonprofit housing corporation pursuant to six requirements in the above section.
Upon resale, the seller of the unit shall retain the value of any improvements, the downpayment, and the
seller's proportionate share of appreciation and the City of Newport Beach shall recapture any initial
subsidy and its proportionate share of appreciation, which shall then be used within five years for any
purposes that promote affordable home ownership.
The Equity Sharing Agreement shall adhere to the following requirements:
• The City's initial subsidy shall be equal to the fair market value of the home at the time of the
initial sale, minus the initial sale price, plus the amount of any down payment or mortgage
assistance. If upon resale, the market value is lower than the initial market value, then the value
at the time of resale shall be used as the initial market value.
• The City of Newport Beach's proportionate share of appreciation shall be equal to the ratio of the
initial subsidy to the fair market value of the home at the time of the initial sale: and
• The initial subsidy shall include any incentives granted by the City of Newport Beach and shall be
equal to the monetary equivalent of the incentives.
Requested City of Newport Beach Assistance
Financial Assistance
The Developer is requesting a reduction of the park in -lieu fee payment.
Exhibit "E"
Conditions of Approval
(Project -specific conditions are in italics)
Planning Division
The development shall be in substantial conformance with the approved site plan,
floor plans, landscape plans, and building elevations stamped and dated with the
date of this approval (except as modified by applicable conditions of approval). Minor
changes to the approved development may be approved by the Community
Development Director, pursuant to Newport Beach Municipal Code Section
20.54.070 (Changes to an Approved Project) if the intent of the original approval is
not affected.
2. The Project is subject to compliance with all applicable submittals approved by the
City of Newport Beach (City) and all applicable City ordinances, policies, and
standards, unless specifically waived or modified by the conditions of approval.
3. Entitlements granted under PA2023-0040 shall expire unless exercised within 24
months from the date of approval as specified in Section 20.54.060 (Time Limits
and Extensions) of the Newport Beach Municipal Code (NBMC), unless an
extension is otherwise granted by the City for a period of time provided in the
Development Agreement pursuant to the provisions of California Government
Code Section 66452.06(a).
4. The proposed residential development shall consist of 67 for -sale condominiums,
inclusive of 52 base units and 15 density bonus units, consistent with the approved
Affordable Housing Implementation Plan (AHIP).
5. A minimum of 8 condominium units shall be made affordable to low and very low-
income households, consistent with the approved Residences at 1401 Quail Street
AHIP dated November 28, 2023.
6. Prior to the issuance of a building permit, an affordable housing agreement shall
be executed in a recordable form as required by the City Attorney's Office.
7. On -site recreational amenities: private balconies, a clubroom, a pool deck, seating
area, and lounge as illustrated on the approved plans shall be provided and
maintained for the duration of the Project. The exact mix of amenities may be
modified from the original approved plans subject to the approval by the
Community Development Director. The total floor area or open space area
dedicated to on -site recreational amenities shall not be reduced.
8. Maximum building height of the residential structure shall not exceed 81 feet,
inclusive of architectural features and mechanical equipment.
9. The residential parking garage shall have the following features:
a. A safe, secure and well lighted and signed pedestrian paths for all users.
b. Adequate and uniform lighting throughout each parking level.
c. Panic alarms and two-way communication systems in prominent locations
on each parking level.
10. Prior to the issuance of a building permit, an acoustical analysis report, prepared
by an acoustical engineer, shall be submitted to the Planning Division describing
the acoustical design features of the structure that will satisfy the exterior and
interior noise standards. The Project shall be attenuated in compliance with the
report.
11. The residential structure shall be attenuated to provide an interior noise level of 45
dBA CNEL or less. Use of walls, berms, interior noise insulation, double paned
windows, advanced insulation systems, or other noise mitigation measures, as
deemed appropriate by the City shall be incorporated in the design of the new
residential structure to provide adequate noise attenuation.
12. The design of the residential structure shall provide adequate noise attenuation
between adjacent units (common floor/ceiling) in accordance with the California
Building Code (CBC).
13. Advanced air filtration systems for buildings shall be considered to promote cleaner
air without the opening of windows.
14. Prior to the issuance of a building permit, the Applicant shall submit to the
Community Development Department a final copy of FAA Determination of No
Hazard to Air Navigation reflective of the proposed building height.
15. The Applicant shall comply with all applicable provisions of NBMC Chapter 15.38,
Fair Share Traffic Contribution Ordinance, and Chapter 15.42, Major Thoroughfare
and Bridge Fee Program. Prior to the issuance of a building permit, Fair Share and
Transportation Corridor Agency fees shall be paid for the Project.
16. Prior to the issuance of a building permit, the Applicant shall pay applicable school
fees for the Project.
17. Prior to the issuance of a building permit, the Applicant shall pay applicable
property development tax as required pursuant to NBMC Chapter 3.12 (Property
Development Tax) for the Project.
18. Prior to the issuance of a building permit, the Applicant shall pay the Project's fair
share of public safety fee, as determined by the Community Development Director,
to fund the cost of staffing, services and equipment as necessary for fire -related
public safety purposes.
19. The property management company shall distribute a written disclosure statement
prior to sale of any residential unit. The disclosure statement shall indicate that the
occupants will be living in an urban type of environment and that the noise, odor,
and outdoor activity levels may be higher than a typical suburban residential area.
In addition, potential annoyances or inconveniences associated with residing in
proximity to airport operations such as noise, vibration, and odor may occur. The
disclosure statement shall include a written description of the potential impacts to
residents of both the existing environment and potential impacts based upon the
allowed uses in the zoning district and proximity to airport. Each and every
purchaser shall sign the statement acknowledging that they have received, read,
and understand the disclosure statement. The Applicant shall covenant to include
within all deeds, leases or contracts conveying any interest in the Project: (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.
20. Disturbance to or removal of potential bird nesting habitat shall be prohibited during
the migratory bird nesting season (February 1 through August 31) unless a
migratory bird nesting survey is completed. If demolition and/or vegetation removal
is planned to occur during the migratory bird nesting season (February 1 through
August 31), then a migratory bird nesting survey shall be completed in accordance
with the following requirements:
a. Within three days prior to initiating demolition, tree removals and/or
vegetation clearing, a nesting bird survey shall be conducted by a qualified
biologist within the suitable habitat to be removed and within a 250-foot
radius.
b. If the survey reveals no active nesting, the proposed action may proceed.
c. If the survey identifies the presence of active sensitive bird nests, then the
nests shall not be disturbed unless the qualified biologist verifies through
non-invasive methods that either (i) the adult birds have not begun egg -
laying and incubation; or (ii) the juveniles from the occupied nests are
capable of independent survival.
d. If the biologist is not able to verify any of the conditions from sub -item "b,"
above, then no disturbance shall occur within a buffer zone specified by the
qualified biologist for each nest or nesting site. The buffer zone shall be
species -appropriate (no less than 100-foot radius around the nest for non -
raptors and no more than a 500-foot radius around the nest for raptors, or
as otherwise determined by the qualified biologist) and shall be sufficient to
protect the nest from direct and indirect impacts from construction activities.
The nests and buffer zones shall be field checked approximately weekly by
a qualified biological monitor. The approved buffer zone shall be marked in
the field with construction fencing, within which no vegetation clearing or
ground disturbance shall commence until the qualified biologist with City
concurrence verify that the nests are no longer occupied and/or juvenile
birds can survive independently from the nests.
21. Any substantial modification to the approved Site Development Review plans, as
determined by the Community Development Director, shall require an amendment
to this Site Development Review application or the processing of a new application.
22. A copy of the Resolution, including conditions of approval Exhibit "E" shall be
incorporated into the Building Division and field sets of plans prior to issuance of
the building permits.
23. Prior to the issuance of a building permit, Applicant shall submit to the Planning
Division an additional copy of the approved architectural plans for inclusion in the
Site Development Review file. The plans shall be identical to those approved by
all City departments for building permit issuance. The approved copy shall include
architectural sheets only and shall be reduced in size to 11 inches by 17 inches.
The plans shall accurately depict the elements approved by this Site Development
Review and shall highlight the approved elements such that they are readily
discernible from other elements of the plans.
24. Prior to the issuance of a building permit, Applicant shall submit a detailed
landscape and irrigation plan prepared by a licensed landscape architect for the
Project. These plans shall incorporate drought tolerant plantings and water efficient
irrigation practices, and the plans shall be approved by the Planning Division.
25. All landscape materials and irrigation systems shall be maintained in accordance
with the approved landscape plan. All landscaped areas shall be maintained in a
healthy and growing condition and shall receive regular pruning, fertilizing, mowing
and trimming. All landscaped areas shall be kept free of weeds and debris. All
irrigation systems shall be kept operable, including adjustments, replacements,
repairs, and cleaning as part of regular maintenance.
26. The site shall not be excessively illuminated based on the luminance
recommendations of the Illuminating Engineering Society of North America, or, if
in the opinion of the Director of Community Development, the illumination creates
an unacceptable negative impact on surrounding land uses or environmental
resources. The Director may order the dimming of light sources or other
remediation upon finding that the site is excessively illuminated.
27. Prior to the issuance of a building permit, the Applicant shall prepare photometric
study for the Project in conjunction with a final lighting plan for approval by the
Planning Division. All outdoor lighting fixtures shall be designed, shielded, aimed,
located, and maintained to shield adjacent properties and to not produce glare onto
adjacent properties or roadways. Parking lot light fixtures and light fixtures on
buildings shall be full cut-off fixtures.
28. Prior to the issuance of Final Certificate of Occupancy, the Applicant shall schedule
an evening inspection by the Code and Water Quality Enforcement Division to
confirm control of light and glare specified in conditions of approval.
29. Prior to the issuance of a building permit, the Applicant shall pay any unpaid
administrative costs associated with the processing of this application to the
Planning Division.
30. All noise generated by the proposed use shall comply with the provisions of
Chapter 10.26 (Community Noise Control) and other applicable noise control
requirements of the Newport Beach Municipal Code. The maximum noise shall be
limited to no more than depicted below for the specified time periods unless the
ambient noise level is higher:
Between the hours of TOOAM
and 10:OOPM
Between the hours of
10:OOPM and TOOAM
Location
Interior
Exterior
Interior
Exterior
Residential Property
45dBA
55dBA
40dBA
50dBA
Residential Property located within
100 feet of a commercial property
45dBA
60dBA
45dBA
50dBA
Mixed Use Property
45dBA
60dBA
45dBA
50dBA
Commercial Property
N/A
65dBA
N/A
60dBA
31. Should the property be sold or otherwise come under different ownership, any
future owners or assignees shall be notified of the conditions of this approval by
either the current business owner, property owner or the leasing agent.
32. Construction activities shall comply with Section 10.28.040 (Construction Activity
— Noise Regulations) of the Newport Beach Municipal Code, which restricts hours
of noise -generating construction activities that produce noise to between the hours
of 7:00 a.m. and 6:30 p.m., Monday through Friday, and 8:00 a.m. and 6:00 p.m.
on Saturday. Noise -generating construction activities are not allowed on Sundays
or Holidays.
33. Refuse collection shall comply with the Waste Management Plan included in the
approved plans. The Applicant's property management company shall contract
with a franchised hauler on the City list of authorized companies.
34. All trash shall be stored within the building or within dumpsters stored in the trash
enclosure (three walls and a self -latching gate) or otherwise screened from view
of neighboring properties, except when placed for pick-up by refuse collection
agencies.
35. The Applicant shall ensure that the trash dumpsters and/or receptacles are
maintained to control odors. This may include the provision of either fully self-
contained dumpsters or periodic steam cleaning of the dumpsters, if deemed
necessary by the Planning Division. Cleaning and maintenance of trash dumpsters
shall be done in compliance with the provisions of NBMC Title 14 (Water and
Sewers), including all future amendments (including Water Quality related
requirements).
36. Prior to issuance of building permits, the City of Newport Beach Police Department
shall review development plans for the incorporation of defensible space concepts
to reduce demands on police services. Public safety planning recommendations
shall be incorporated into the project plans. The Applicant shall prepare a list of
project features and design components that demonstrate responsiveness to
defensible space design concepts. The Police Department shall review and
approve all defensible space design features incorporated into the project prior to
permit issuance.
37. A qualified monitor, one from each consulting tribe (the Juaneno Band of Mission
Indians - Acjachemen Nation and the Gabrieleno Band of Mission Indians - Kizh
Nation), shall be retained and compensated as Native American Monitors for the
project site prior to the commencement of any ground -disturbing activity to the
completion of ground disturbing activities to monitor grading and excavation
activities. A rotation schedule between the two tribes shall be established with the
applicant. Voluntary monitoring by each consulting tribe is permitted on days that
the tribe(s) is not scheduled to monitor.
38. The rotating monitors, one from each consulting tribe, shall be retained prior to the
commencement of any "ground -disturbing activity" for the subject project at all
project locations (i.e., both on -site and any off -site locations that are included in
the project description/definition and/or required in connection with the project,
including as public improvement work undertaken by the applicant). "Ground -
disturbing activity" shall include, but is not limited to, any demolition that includes
subterranean impacts, potholing, auguring, boring, grading, excavation, drilling,
and trenching.
39. A copy of the executed monitoring agreement shall be submitted to the City prior
to the commencement of any ground -disturbing activity, or the issuance of any
permit necessary to commence a ground -disturbing activity.
40. Both monitors shall complete daily monitoring logs that will provide descriptions of
the relevant ground -disturbing activities, the type of construction activities
performed, locations of ground -disturbing activities, soil types, cultural -related
materials, and any other facts, conditions, materials, or discoveries of significance
to the Tribe. Monitor logs will identify and describe any discovered TCRs, including
but not limited to, Native American cultural and historical artifacts, remains, places
of significance, etc., (collectively, tribal cultural resources, or "TCR'), as well as
any discovered Native American (ancestral) human remains and burial goods.
Copies of monitor logs shall be shared between the two monitors and provided to
the project applicant/lead agency upon written request to the monitors.
41. On -site tribal monitoring shall conclude upon the latter of the following (1) written
confirmation to the consulting tribes from a designated point of contact for the
project applicant/lead agency that all ground -disturbing activities and phases that
may involve ground -disturbing activities on the project site or in connection with
the project are complete; or (2) a determination and written notification by the
consulting tribes to the project applicant/lead agency that no future, planned
construction activity and/or development/construction phase at the project site
possesses the potential to impact TCRs of the consulting tribes.
42. Upon discovery of any TCRs, all construction activities in the immediate vicinity of
the discovery shall cease (i.e., within the surrounding 50 feet) and shall not resume
until the discovered TCR has been fully assessed by the monitor and/or
archaeologist. The monitors will recover and retain all discovered TCRs in the form
and/or manner the tribes deem appropriate, in the tribes' sole discretion in
coordination with the applicant, and for any purpose the tribes deem appropriate,
including for educational, cultural and/or historic purposes.
43. Native American human remains are defined in PRC 5097.98 (d)(1) as an
inhumation or cremation, and in any state of decomposition or skeletal
completeness. Funerary objects, called associated grave goods in Public
Resources Code Section 5097.98, are also to be treated according to this statute.
44. If Native American human remains and/or grave goods are discovered or
recognized on the project site, then Public Resource Code 5097.9 as well as
Health and Safety Code Section 7050.5 shall be followed.
45. Human remains and grave/burial goods shall be treated alike per California Public
Resources Code section 5097.98(d)(1) and (2).
46. Preservation in place (i.e., avoidance) is the preferred manner of treatment for
discovered human remains and/or burial goods.
47. Any discovery of human remains/burial goods shall be kept confidential to prevent
further disturbance.
48. To the fullest extent permitted by law, Applicant shall indemnify, defend and hold
harmless City, its City Council, its boards and commissions, officials, officers,
employees, and agents from and against any and all claims, demands, obligations,
damages, actions, causes of action, suits, losses, judgments, fines, penalties,
liabilities, costs and expenses (including without limitation, attorney's fees,
disbursements and court costs) of every kind and nature whatsoever which may arise
from or in any manner relate (directly or indirectly) to City's approval of Residences
at 1401 Quail Street including, but not limited to, a General Plan Amendment,
Planned Community Development Plan Amendment, Site Development Review,
Vesting Tentative Tract Map, Affordable Housing Implementation Plan, Development
Agreement and Addendum to the 2006 General Plan Update Program
Environmental Impact Report (PA2023-0040). This indemnification shall include, but
not be limited to, damages awarded against the City, if any, costs of suit, attorneys'
fees, and other expenses incurred in connection with such claim, action, causes of
action, suit or proceeding whether incurred by Applicant, City, and/or the parties
initiating or bringing such proceeding. The Applicant shall indemnify the City for all of
City's costs, attorneys' fees, and damages which City incurs in enforcing the
indemnification provisions set forth in this condition. The Applicant shall pay to the
City upon demand any amount owed to the City pursuant to the indemnification
requirements prescribed in this condition.
Fire Department
49. Prior to the issuance of any occupancy permits (temporary or final), all fire and life
safety systems, and the emergency responder radio system shall be inspected and
approved by the Fire Marshal.
50. Prior to the building permit issuance, a fire master plan shall be submitted and
approved by the Fire Marshal.
51. Prior to any foundation permit issuance for the garage basement area, a temporary
fire department access way, as approved by the Fire Department, shall be
provided until the permanent fire access way is installed. Required fire and life
safety systems, including the fire sprinkler system, shall be operational in the
garage basement areas used for parking by the construction crews and for storage
of building materials and construction equipment.
52. One elevator shall be gurney sized and equipped as a medical emergency elevator
as CBC Section 3002.
53. Emergency responder radio coverage shall be required to comply with NBFD
Guideline D.05 "Public Safety Radio Coverage" and CFC Section 510.
54. Emergency power and Standby Power System shall be required as per CFC
Section 604.2.14.
55. An automatic sprinkler system shall be installed in accordance with CFC Section
903.2 amendment shall be provided throughout all buildings.
56. A standpipe system shall be required and installed as per CFC Section 905.3.1.
57. Fire Alarm system shall be provided as per CFC Section 907.2.9.
Building Division
58. The Applicant is required to obtain all applicable permits from the City's Building
Division and Fire Department. The construction plans must comply with the most
recent, City -adopted version of the California Building Code. The construction plans
must meet all applicable State Disabilities Access requirements. Approval from the
Orange County Health Department is required prior to the issuance of a building
permit.
59. The Applicant shall employ the following best available control measures (BACMs)
to reduce construction -related air quality impacts:
Dust Control
• Water all active construction areas at least twice daily.
• Cover all haul trucks or maintain at least two feet of freeboard.
• Pave or apply water four times daily to all unpaved parking or staging
areas.
• Sweep or wash any site access points within two hours of any visible dirt
deposits on any public roadway.
• Cover or water twice daily any on -site stockpiles of debris, dirt or other dusty
material.
• Suspend all operations on any unpaved surface if winds exceed 25 mph.
Emissions
Require 90-day low-NOx tune-ups for off road equipment.
Limit allowable idling to 30 minutes for trucks and heavy equipment.
Off -Site Impacts
• Encourage carpooling for construction workers.
• Limit lane closures to off-peak travel periods.
• Park construction vehicles off traveled roadways.
• Wet down or cover dirt hauled off -site.
• Sweep access points daily.
• Encourage receipt of materials during non -peak traffic hours.
• Sandbag construction sites for erosion control.
Fill Placement
The number and type of equipment for dirt pushing will be limited on any
day to ensure that SCAQMD significance thresholds are not exceeded.
Maintain and utilize a continuous water application system during earth
placement and compaction to achieve a 10 percent soil moisture content in
the top six-inch surface layer, subject to review/discretion of the
geotechnical engineer.
60. Prior to the issuance of a grading permit, a Storm Water Pollution Prevention Plan
(SWPPP) and Notice of Intent (NOI) to comply with the General Permit for
Construction Activities shall be prepared, submitted to the State Water Quality
Control Board for approval and made part of the construction program. The Project
Applicant will provide the City with a copy of the NOI and their application check
as proof of filing with the State Water Quality Control Board. This plan will detail
measures and practices that will be in effect during construction to minimize the
project's impact on water quality.
61. Prior to the issuance of a grading permit, the Applicant shall prepare and submit a
Water Quality Management Plan (WQMP) for the proposed project, subject to the
approval of the Building Division and Code and Water Quality Enforcement
Division. The WQMP shall provide appropriate Best Management Practices
(BMPs) to ensure that no violations of water quality standards or waste discharge
requirements occur.
62. A list of "good housekeeping" practices will be incorporated into the long-term post -
construction operation of the site to minimize the likelihood that pollutants will be
used, stored or spilled on the site that could impair water quality. These may
include frequent parking area vacuum truck sweeping, removal of wastes or spills,
limited use of harmful fertilizers or pesticides, and the diversion of storm water
away from potential sources of pollution (e.g., trash receptacles and parking
structures). The Stage 2 WQMP shall list and describe all structural and non-
structural BMPs. In addition, the WQMP must also identify the entity responsible
for the long-term inspection, maintenance, and funding for all structural (and if
applicable Treatment Control) BMPs.
63. Prior to the building plan check submittal, the Applicant shall submit the Project for
Building Code Preliminary Review.
64. The residential dwelling units and their common use areas shall comply with
Housing Accessibility per Chapter I IA.
65. The nonresidential portion of the development shall comply with the public
accommodation requirements per Chapter 11 B.
Public Works Department
66. A Tract Map shall be recorded prior to the sale of any residential units. The map
shall be prepared on the California coordinate system (NAD83). Prior to
recordation of the Map, the surveyor/engineer preparing the Map shall submit to
the County Surveyor and the City of Newport Beach a digital -graphic file of said
map in a manner described in Sections 7-9-330 and 7-9-337 of the Orange County
Subdivision Code and Orange County Subdivision Manual, Sub Article 18. The
Map to be submitted to the City of Newport Beach shall comply with the City's
CADD standards. Scanned images will not be accepted.
67. Prior to the recordation of the tract map, the surveyor/engineer preparing the map
shall tie the boundary of the map into the Horizontal Control System established
by the County Surveyor in a manner described in Sections 7-9-330 and 7-9-337 pf
the Orange County Subdivision Code and Orange County Subdivision Manual,
Sub Article 18. Monuments (one -inch iron pipe with tag) shall be set On Each Lot
Corner unless otherwise approved by the Subdivision Engineer. Monuments shall
be protected in place if installed prior to completion of construction project.
68. Prior to the recordation of the Tract Map, a Subdivision Agreement shall be
obtained and approved by the City Council consistent with the Subdivision Code
Section 19.36.010.
69. Prior to Final Map approval, the applicant shall provide a Faithful Performance
Bond and Labor and Materials Bond, each for 100% of the estimated improvement
costs for the improvements in the public right of way, as prepared by a Registered
Civil Engineer and approved by the Public Works Director, for each of the following,
but not limited to, public and private improvements, street improvements,
monumentation, sidewalks, striping, signage, street lights, sewer systems, water
systems, storm drain systems, water quality management systems, erosion
control, landscaping and irrigation within the public right of way, common open
spaces areas accessible by the public, fire access and off -site improvements
required as part of the project.
70. Warranty Bond for a minimum of 10% of the engineers cost estimate (final
percentage to be determined by the Public Works Director) to be released 1-year
after the improvements have been accepted.
71. All improvements shall be constructed as required by Ordinance and the Public
Works Department.
72. An encroachment permit shall be required for all work activities within the public
right-of-way.
73. The final Construction Management Plan (CMP) shall be reviewed and approved
by the Community Development Director and the City Traffic Engineer prior to
building permit issuance.
74. A Parking Management Plan (PMP) shall be reviewed and approved by the
Community Development Director and City Traffic Engineer prior to building permit
issuance. The PMP shall include information regarding gate operation, move -in
and move -out, ride -share area, guest parking areas and residential parking areas.
75. Parking layout and ramp slopes shall comply with the City Parking Lot Standard
805. Dead-end drive aisle in public areas and/or unassigned parking areas shall
provide a dedicated turn around space and minimum 5-foot drive aisle extension.
76. The applicant shall reconstruct all existing broken and/or otherwise damaged curb,
gutter and sidewalk along the Spruce Street and Quail Street frontages per City
Standards.
77. All deliveries shall be accommodated on -site and prohibited from parking or
stopping within the public right of way. Only ride share vehicles shall be permitted
to utilize the pull-out area located on Spruce Street.
78. The proposed driveway shall be constructed per City Standard 161. The radius for
the Bristol Street North driveway shall be minimum 20-foot radius and the radius
for the Spruce Street driveway shall be 15-foot minimum.
79. All on -site fire hydrants shall be privately owned and maintained.
80. All landscaping and walls along the Spruce Street and Quail Street frontages shall
comply with the City's line of sight standard 105. Sight distance at all intersections
shall comply with City of Newport Beach standards.
81. Final design of the water and sewer services is subject to further review by the
Public Works Department during plan check.
82. Prior to the issuance of a Certificate of Occupancy, the Applicant shall coordinate
with the City to complete the required off -site improvements identified in the Sewer
Capacity Study dated October 20, 2023, to the satisfaction of the Public Works
and Utilities Directors. The Applicant shall be responsible for their fair share cost
of the improvements as determined by the City, which may include the payment
and construction of the entire improvement unless the City assumes the cost of
the improvement.
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the
whole number of members of the City Council is seven; the foregoing resolution, being Resolution
No. 2024-26 was duly introduced before and adopted by the City Council of said City at a regular meeting
of said Council held on the 91h day of April, 2024; and the same was so passed and adopted by the
following vote, to wit:
AYES: Mayor Will O'Neill, Mayor Pro Tem Joe Stapleton, Councilmember Brad Avery,
Councilmember Noah Blom, Councilmember Robyn Grant, Councilmember
Lauren Kleiman
NAYS: None
ABSENT: Councilmember Erik Weigand
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this loth day of April, 2024.
Leilani I. Brown
City Clerk
Newport Beach, California
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