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HomeMy WebLinkAbout12 - Intent to Override OC Airport Land Use Commission's Determination of Inconsistency for the Residences at 1600 Dove Street (PA2022-0297)CITY OF NEWPORT BEACH City Council Staff Report July 9, 2024 Agenda Item No. 12 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Seimone Jurjis, Assistant City Manager/Community Development Director - 949-644-3232, sjurjis@newportbeachca.gov PREPARED BY: Liz Westmoreland, AICP, Senior Planner - 949-644-3234, lwestmoreland@newportbeachca.gov TITLE: Resolution No. 2024-45: Intent to Override Orange County Airport Land Use Commission's Determination of Inconsistency for the Residences at 1600 Dove Street (PA2022-0297) ABSTRACT: Pursuant to Section 4.3 of the 2008 John Wayne Airport Environs Land Use Plan (AELUP) and Section 21676(b) of the California Public Utilities Code, the City of Newport Beach is required to submit the Residences at 1600 Dove project, a project to allow future development of 282 for -rent apartment units (Project), to the Orange County Airport Land Use Commission (ALUC) for a consistency determination with the AELUP. ALUC conducted a hearing on the matter on June 20, 2024, and found the Project to be inconsistent with the AELUP. For the City Council's consideration is a request to consider overriding the ALUC's finding of inconsistency. This action would authorize staff to formally provide notice, pursuant to Public Utilities Code Section 21676 (b), to the ALUC and the State Department of Transportation of Aeronautics Program of the City's intention to override ALUC's inconsistency finding. RECOMMENDATIONS: a) Conduct a public hearing; b) Find that the proposed overriding action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines because it has no potential for resulting in physical change to the environment, directly or indirectly; and c) Adopt Resolution No. 2024-45, A Resolution of the City Council of the City of Newport Beach, Califomia, Notifying the Orange County Airport Land Use Commission and State Department of Transportation, Aeronautics Program of the City's Intention to Find that the Residences at 1600 Dove Street Project is Consistent with the Purpose of the State Aeronautics Act and Overrule the Orange County Airport Land Use Commission's Determination that the Project is Inconsistent with the 2008 John Wayne Airport Environs Land Use Plan (PA2022-0297). 12-1 Resolution No. 2024-45: Intent to Override Orange County ALUC's Determination of Inconsistency for the Residences at 1600 Dove Street July 9, 2024 Page 2 DISCUSSION: The subject property is located within the Residential Overlay zone of Newport Place Planned Community (PC-1 1) and is approximately 2.49 acres in size and currently improved with one four-story, 60,675-square-foot office building and a surface parking lot. The project site is one of the 62 new housing opportunity sites in the Airport Area Environs (Airport Area), per the certified 6th Cycle Housing Element and is located within the 60 dBA noise contour as a shown in the updated noise contour maps adopted as part of the Housing Element Implementation Noise -Related Amendments and the Airport Environs Land Use Plan. Figure 1: Project Location (General Plan Noise Contours) 12-2 Resolution No. 2024-45: Intent to Override Orange County ALUC's Determination of Inconsistency for the Residences at 1600 Dove Street July 9, 2024 Page 3 Proposed Promec The Applicant seeks the following approvals that would allow future development of a seven -story, multiple -unit residential development consisting of up to 282 apartment units: General Plan Amendment (GPA) -A request to add 49 dwelling units above the current General Plan allowance for the Airport Area, and amend Anomaly 12 of the General Plan Table LU2 (Anomaly Locations) allocating the 49 residential dwelling units to the Property; Affordable Housing Implementation Plan (AHIP) - A plan specifying how the Project would meet the City's affordable housing requirements, in exchange for a 50% increase in project density including a request for three development standard waivers related to height, park dedication requirement, and overall residential density along with two development concessions related to the payment of park in -lieu fees and affordable unit mix pursuant to Chapter 20.32 (Density Bonus) of the Newport Beach Municipal Code and Government Code Section 65915 et seq.; Traffic Study - A traffic study pursuant to Chapter 15.40 (Traffic Phasing Ordinance) of the NBMC-1 Development Agreement — A Development Agreement between the Applicant and the City, pursuant to Section 15.45.020(A)(2)(a) (Development Agreement Required) of the NBMC, which would provide the Applicant with the vested right to develop the Project for a term of 10 years and to provide negotiated public benefits to the City; and Addendum to the 2006 General Plan Update Program Environmental Impact Report (Addendum 9) - Pursuant to the California Environmental Quality Act (CEQA), the Addendum addresses reasonably foreseeable environmental impacts resulting from the Project. The Project would require a future Site Development Review prior to building permit issuance as no specific design for the Project is included in this application. The applicant has provided conceptual exhibits showing the anticipated design types and possible site plan that may be presented as part of the future Project (Figures 2 and 3). 12-3 Resolution No. 2024-45: Intent to Override Orange County ALUC's Determination of Inconsistency for the Residences at 1600 Dove Street July 9, 2024 Page 4 Uff-T.T. F DOLPHIN -STRIKER WA LEGEND a STORIES CF RESIDENTIAL OVER PARKIN R COURTYARD PERIMETER LANDOCAPE Figure 2: Conceptual Site Plan Figure 3: Conceptual Elevations 12-4 Resolution No. 2024-45: Intent to Override Orange County ALUC's Determination of Inconsistency for the Residences at 1600 Dove Street July 9, 2024 Page 5 W M Mo =so 06TO ra ol Mi Mee := KWTI N I iTs 1 :0990 7M a =-i @ M 50 On May 23, 2024, the Planning Commission conducted a public hearing to consider the proposed Project. The Planning Commission discussed the merits of the project, the applicable park fees, and the project's density. At the conclusion of the public hearing, the Planning Commission voted to adopt Resolution No. PC2024-008, recommending the City Council approve the project. The May 23, 2024, Planning Commission staff report, excerpts of the Planning Commission minutes, and Planning Commission Resolution No. PC2024-008 are attached for reference as Attachments B, C and D respectively. Airport Land Use Commission Review Section 4.3 of the AELUP and Section 21676(b) of the Public Utilities Code require the City to submit General Plan and Zoning Code amendments to the ALUC for a consistency determination with the AELUP. ALUC conducted a hearing on the matter at its June 20, 2024, meeting with staff in attendance, and found the Project is inconsistent with the AELUP. The June 20, 2024, ALUC staff report is attached as Attachment E, and the ALUC inconsistency determination is included as Attachment F. ALUC Override Process As a final review authority on legislative acts, the City Council may choose to override ALUC's determination by following a two-step process, which is established in Public Utilities Code Section 21676. The first step in the process is to conduct a public hearing to adopt a resolution of intention to override, a copy of which would be sent to ALUC and State Division of Aeronautics to provide formal notification of the City's intent. The second step in the process is that not less than 45-days after notification has been sent to ALUC and State Department of Transportation, Aeronautics Program, the City Council may conduct a second public hearing to consider adoption a resolution to override the ALUC. At this time, the Council may also consider the project entitlements and take final action on the application. The following points are important to consider - The Council's adoption of the attached notification resolution does not constitute the project's approval, nor does it predispose the City Council's future action on either the project or the consistency determination; The attached resolution notifying ALUC and the State Department of Transportation, Aeronautics Program of the City's intent, and the resolution to overrule ALUC, which will be presented at a future hearing, must be adopted by a two-thirds vote. Since there are seven Council members, five affirmative votes are needed to pass the resolution. 12-5 Resolution No. 2024-45: Intent to Override Orange County ALUC's Determination of Inconsistency for the Residences at 1600 Dove Street July 9, 2024 Page 6 Should the City Council ultimately overrule the ALUC decision, that action will not immediately affect the City's status as a consistent agency with the AELUP. ALUC would need to place an item on its future agenda to consider deeming the City an inconsistent agency. Public Utilities Code Section 21678 states that if the City overrides ALUC's action or recommendation, the operator of the airport shall be immune from liability from damages to property or personal injury caused by or resulting directly or indirectly from the City's decision to overrule the ALUC determination. Importance of Prowect towards Housing Needs As an alternative to overriding the ALUC findings, the Council can direct the applicant to redesign or reduce the intensity of the Project in a manner that the ALUC would find consistent with the AELUP. In this case, staff believes there may not be an alternative given that the ALUC simply has concerns with residential uses within close proximity to John Wayne Airport. Despite the proposed General Plan Amendment, the project site is ideal for the development of a residential project as it is identified as a housing opportunity site and designated IVIU-H2 by the current General Plan Land Use Element that allows residential uses such as the Project. Figure B-3 of the certified 6th Cycle Housing Element (below) displays the capacity and opportunity within the Airport Area which can help accommodate a portion of the City's RHNA. Ultimately, the Project will implement the certified 6 th Cycle Housing Element and aid the City in its goal to provide new housing opportunities. Figure B-3: Airport Area Environs — Sites Inventory Site Invent ry: Airport Area Environs LEGEND City8oundary rth Cycle 51t- Pipeline Pmjem opp-t-itysiW, Key Mal) F--1 All 0 500 1,000 12-6 Resolution No. 2024-45: Intent to Override Orange County ALUC's Determination of Inconsistency for the Residences at 1600 Dove Street July 9, 2024 Page 7 ENVIRONMENTAL REVIEW: Final action on the Project is not being considered at this time. A complete environmental analysis of the Project is contained in the attached May 23, 2023 Planning Commission Staff Report for which an addendum to an environmental impact report (EIR) is being proposed. The addendum concludes that the Project is no more impactful to the City than what was studied with the 2006 General Plan Program EIR and the 2013 Housing Element Update Initial Study/Negative Declaration. Nevertheless, the action that is currently before the City Council is consideration of adopting a resolution of intent to override the ALUC's finding that the project is not consistent with the AELUP. The City Council finds the adoption of this resolution is not subject to California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Specifically, the resolution does not have the potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment because it is limited to the notification of the City's intent to overrule the ALUC determination and it does not authorize the development of the property or commit the City to approve the Project. Potential project impacts will be analyzed when the City Council considers the Project. FISCAL IMPACT: There is no fiscal impact related to this item NOTICING - Notice of this hearing was published in the Daily Pilot, mailed to all owners of property within 300 feet of the boundaries of the site (excluding intervening rights -of -way and waterways) including the applicant, and posted on the subject property at least 10 days before the scheduled meeting, consistent with the provisions of the Municipal Code. Additionally, the agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENTS: Attachment A — Resolution No. 2024-45: Intent to Override ALUC's Determination Attachment B — May 23, 2024 Planning Commission Staff Report (no attachments) Attachment C — May 23, 2024 Planning Commission Minutes Excerpt Attachment D — Planning Commission Resolution No. PC2024-008 (no exhibits) Attachment E — June 20, 2024 ALUC Staff Report Attachment F — June 25, 2024 ALUC Determination Letter 12-7 Attachment A Resolution No. 2024-45: Intent to Override ALUC's Determination 12-8 RESOLUTION NO. 2024- 12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, NOTIFYING THE ORANGE COUNTY AIRPORT LAND USE COMMISSION AND STATE DEPARTMENT OF TRANSPORTATION, AERONAUTICS PROGRAM OF THE CITY'S INTENTION TO FIND THAT THE RESIDENCES AT 1600 DOVE STREET PROJECT IS CONSISTENT WITH THE PURPOSE OF THE STATE AERONAUTICS ACT AND OVERRULE THE ORANGE COUNTY AIRPORT LAND USE COMMISSION'S DETERMINATION THAT THE PROJECT IS INCONSISTENT WITH THE 2008 JOHN WAYNE AIRPORT ENVIRONS LAND USE PLAN (PA2022-0297) WHEREAS, Section 200 of the City of Newport Beach ("City") Charter vests the City Council with the authority to make and enforce all laws, rules, and regulations with respect to municipal affairs subject only to the restrictions and limitations contained in the Charter and the State Constitution, and the power to exercise, or act pursuant to any and all rights, powers and privileges, or procedures granted or prescribed by any law of the State of California; WHEREAS, an application was filed by The Piceme Group ("Applicant"), with respect to the property located at 1600 Dove Street and legally described in Exhibit "A," which is attached hereto and incorporated by reference ("Property"); WHEREAS, the Applicant is requesting approval to allow the development of a multi -unit residential project consisting of up to 282 apartment units ("Project"), which require the following approvals: General Plan Amendment ("GPA") — A request to add 49 dwelling units above the current General Plan allowance for the Airport Area, and amend Anomaly Number 12 of the General Plan Table LU2 (Anomaly Locations) allocating 49 residential dwelling units to the Property; Affordable Housing Implementation Plan ("AHIP") — A plan specifying how the Project would meet the City's affordable housing requirements, in exchange for a 50% increase in density including a request for three development standard waivers related to height, park dedication requirement, and overall residential density along with two development concessions related to the payment of park in -lieu fees and affordable unit mix pursuant to Chapter 20.32 (Density Bonus) of 12-9 Resolution No. 2024- Page 2 of 7 the Newport Beach Municipal Code ("NBMC") and Government Code Section 65915 et seq. ("State Density Bonus Law"); Development Agreement ("DA") — A development agreement between the Applicant and the City, pursuant to Section 15.45.020 (Development Agreement Required) of the NBMC, which would provide the Applicant with the vested right to develop the Project for a term of 10 years and provide negotiated public benefits to the City; Traffic Study — A traffic study pursuant to Chapter 15.40 (Traffic Phasing Ordinance) of the NBMC; and Addendum No. 9 to the 2006 General Plan Update Program Environmental Impact Report and the 2008-2014 City of Newport Beach Housing Element Update and Initial Study/Negative Declaration ("Addendum No. 9") — An addendum which addresses reasonably foreseeable environmental impacts resulting from the Project; WHEREAS, the Property is designated Mixed -Use Horizontal 2 (MU-H2) by the General Plan Land Use Element and located within the Newport Place Planned Community (PC-1 1) Zoning District Professional and Business Office Site 7 with a residential overlay; WHEREAS, the Property is not located within the coastal zone; therefore, amending the Local Coastal Program or obtaining a coastal development permit is not required; WHEREAS, the Property is located in the Airport Area Environs ("Airport Area") and is one of the 62 new housing opportunity sites allocated in the certified 6 th Cycle Housing Element to meet the City's Regional housing Needs Assessment ("RHNA") allocation of 4,845 new housing units; WHEREAS, the Property is located within the 60 decibel ("dBA") noise contour Community Noise Equivalent Level ("CNEL") as shown on the updated noise contour maps as part of the 6th Cycle Housing Element Implementation Noise -Related Amendments and the 60 dBA noise contour as shown on the 2008 John Wayne Airport Environs Land Use Plan ("AELUP"); WHEREAS, a public hearing was held by the Planning Commission on May 23, 2024, in the Council Chambers at 100 Civic Center Drive, Newport Beach, California. A notice of the time, place, and purpose of the hearing was given in accordance with 12-10 Resolution No. 2024- Page 3 of 7 Government Code Section 54950 et seq. ("Ralph M. Brown Act"), Chapter 15.45 (Development Agreements), and Chapter 20.62 (Public Hearings) of the NBIVIC. Evidence, both written and oral, was presented to and considered by, the Planning Commission at this hearing; WHEREAS, at the hearing, the Planning Commission adopted Resolution No. PC2024-008 by a majority vote (4 ayes, 1 nay) 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 AELUP; WHEREAS, on June 20, 2024, the ALUC determined (6 ayes, 0 nays) the Project is inconsistent with the following provisions of the AELUP: a. Section 2.1.1 (Aircraft Noise), which provides that the "aircraft noise emanating from airports may be incompatible with the general welfare of the inhabitants within the vicinity of an airport"; b. Section 2.1.2 (Safety Compatibility Zones), which provides "the purpose of these zones is to support the continued use and operation of an airport by establishing compatibility and safety standards to promote air navigational safety and to reduce potential safety hazards for persons living, working or recreating near JWX; C. Section 3.2.1 (General Policy), which provides that "[w]ithin the boundaries of the AELUP, any land use may be found to be Inconsistent with the AELUP [if it]... (1) [p]laces people so that they are affected adversely by aircraft noise [or] (2) concentrates people in areas susceptible to aircraft accidents..."; 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; and 12-11 Resolution No. 2024- Page 4 of 7 WHEREAS, a public hearing was held by the City Council on July 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 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. NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: The City Council finds the Project consistent with the purposes of Section 21670 of the CPUC and the AELUP 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. Findings and Facts in Support of Findings A. The Project is consistent with the noise standards of the AELUP. The AELUP guides development proposals to provide for the orderly development of John Wayne Airport ("JWA") and the surrounding area through implementation of the standards in Section 2 (Planning Guidelines) and Section 3 (Land Use Policies). Implementation of these standards are intended to protect the public from the adverse effects of aircraft noise, ensure that people and facilities are not concentrated in areas susceptible to aircraft accidents, and ensure that no structures or activities adversely affect navigable airspace. Section 2.1.1 of the AELUP sets forth the CNEL standards, and Sections 3.2.3 and 3.2.4 of the AELUP define the noise exposure in the 60 dBA to 65 dBA CNEL noise contour (Noise Impact Zone 2) as "Moderate Noise Impact," Section 3, Table 1 (Limitations on Land Use Due to Noise) of the AELUP identifies residential uses as "normally consistent" for the 60 dBA CNEL noise contour. The Project is located within the 60 dBA to 65 dBA CNEL noise contour as shown on the updated noise contour maps as part of the 61h Cycle Housing Element Implementation Noise -Related Amendments and the 60 dBA to 65 dBA noise contour as shown on the AELUP. As a result, the Project will be required to comply with the development standards set forth in Section 20.30.080(F) (Residential Use Proximate to John Wayne Airport) of the NBMC. Additionally, as part of the future Site Development Review, the Project will be conditioned to provide an acoustical report which describes the best design features of the structure 12-12 Resolution No. 2024- Page 5 of 7 that will satisfy noise standards, be attenuated to provide a maximum interior noise level of 45 dBA and provide advanced air filtration systems to promote cleaner air without the opening of windows. These conditions of approval mitigate noise issues for the Project and is consistent with the 45 dBA interior noise standards of the AELUP. B. The Project is consistent with the safety standards of the AELUP. Section 2.1.2 (Safety Compatibility Zones) of the AELUP sets forth zones depicting which land uses are acceptable in various portions of JWA environs. Allowed uses in Safety Zone 6 include residential and most nonresidential uses, excepting outdoor stadiums and similar uses with very high intensities. Uses that should be avoided include children's schools, large day-care centers, hospitals, and nursing homes. Risk factors associated with Safety Zone 6 generally include a low likelihood of accident occurrence. The Project is located within Safety Zone 6 and residential uses are allowed in the zone. The City's General Plan Safety Element Policy S 8.6 demonstrates that the City acknowledges the importance of the JWA Safety Zones in providing, "S 8.6 John Wayne Airport Traffic Pattern Zone - Use the most currently available John Wayne Airport (JWA) Airport Environs Land Use Plan (AELUP) as a planning resource for evaluation of land use compatibility and land use intensity in areas affected by JWA operations. In particular, future land use decisions within the existing JWA Clear Zone/Runway Protection Zone (Figure S5) should be evaluated to minimize the risk to life and property associated with aircraft operations." The Project complies with the policies and regulations within the JWA Airport Planning Area and follows the safety standards of the AELUP as it is located within Safety Zone 6 and is not within the JWA Clear Zone/Runway Protection Zone. C. The Project is consistent with the height standards of the AELUP. Section 2.1.3 (Building Height Restrictions) of the AELUP sets forth building height restrictions. Section 2.1.3 provides that ALUC consider only one standard as provided in 14 Code of Federal Regulations ("C.F.R.") Part 77 (also referred to as the Federal Aviation Regulations). Section 2.1.3 provides that the Federal Aviation Regulations are the only definitive standard available and the standard most generally used. Section 2.1.3 identifies the Federal Aviation Administration ("FAA") as the single authority for analyzing project impact on airport or aeronautical operations, or navigational -aid siting, including interference with navigational -aids or published flight paths and procedures along with reporting results of such studies and project analyses. 12-13 Resolution No. 2024- Page 6 of 7 The FAA conducted an aeronautical study for the Project consistent with the Federal Aviation Regulations. The FAA issued a Determination of No Hazard to Air Navigation on October 24, 2023, thereby finding the development does not exceed obstruction standards and would not be a hazard to air navigation. The FAA reviewed the proposed height of the project assuming an existing site elevation ("SE") of 54 feet, with a proposed building that is 100 feet above ground level ("AGIL"), and 154 feet above mean sea level ("AMSIL"). The FAA further found that marking and lighting of the Project are not necessary for aviation safety. Any increase in height of the structure above the proposed 100-foot building height would require a revised Determination of No Hazard to Air Navigation from the FAA. Additionally, there are other buildings in the vicinity of the Project that are taller than the Project including the adjacent building at 4100 Newport Place Drive that is approximately 234 feet AMSIL and the nearby building at 4545 MacArthur (Hyatt Regency) that is approximately 225 feet AMSIL. Section 2: Based on the foregoing findings, the City Council provides this notice of intention to overrule the ALLIC's determination that the Project is inconsistent with the AELUP. Section 3: The City Council hereby directs City staff to provide ALLIC and State Department of Transportation, Aeronautics Program, with notice of the City's intention to overrule ALUC's determination that the Project is inconsistent with the AELUP. Section 4: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution. Section 5: If any section, subsection, sentence, clause or phrase of this resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this resolution. The City Council hereby declares that it would have passed this resolution, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. 12-14 Resolution No. 2024- Page 7 of 7 Section 6: The City Council finds the adoption of this resolution is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Specifically, the resolution does not have the potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment because it is limited to the notification of the City's intent to overrule the ALUC determination and it does not authorize the development of the Property or commit the City to approve the Project. Potential project impacts will be analyzed when the City Council considers the Project. Section 7: 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 July, 2024. Will O'Neill Mayor ATTEST: Leilani 1. Brown City Clerk APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE C. Aaron C. Harp City Attorney Attachment: Exhibit A - Legal Description 12-15 Exhibit A Legal Description THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF NEWPORT BEACH, IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: LOT 3 OF TRACT NO. 7770, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 299, PAGES 15 AND 16 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA. EXCEPTING THEREFROM THE FULL RIGHTS AND ALL MINERALS, PETROLEUM, GAS AND OTHER HYDROCARBON SUBSTANCES EXISTING BELOW 500 FEET FROM THE SURFACE OF SAID REAL PROPERTY DESCRIBED ABOVE; PROVIDED, HOWEVER, THAT GRANTOR HEREBY EXPRESSLY WAIVES THE RIGHT TO ENTER UPON THE SURFACE OF SAID REAL PROPERTY OR THE PURPOSE OF EXPLORING FOR, OR PRODUCING THE MINERALS, PETROLEUM, GAS AND OTHER HYDROCARBON SUBSTANCES AS RESERVED BY DEED RECORDED IN BOOK 10328, PAGE 506 OF OFFICIAL RECORDS. 12-16 Attachment B May 23, 2024 Planning Commission Staff Report (no attachments) 12-17 PO CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT May 23, 2024 Agenda Item No. 4 SUBJECT: Residences at 1600 Dove Street (PA2022-0297) General Plan Amendment Affordable Housing Implementation Plan Traffic Study Development Agreement Environmental Impact Report Addendum SITE LOCATION: 1600 Dove Street APPLICANT: The Picerne Group OWNERS: 1600 Dove LP and GS 1600 Dove LLC PLANNER: Liz Westmoreland, Senior Planner 949-644-3234, lwestmoreland(d)_newportbeachca.gov PROJECT SUMMARY The Applicant is requesting approval of a General Plan Amendment (GPA), Affordable Housing Implementation Plan (AHIP), Traffic Study, and Development Agreement (DA) for the future development of a multi -unit residential project consisting of up to 282 dwelling units at 1600 Dove Street, in the Airport Area (Project). No specific design for the Project is included in this application. The Project would require a future Site Development Review by the Planning Commission prior to building permit issuance. RECOMMENDATION 1) Conduct a public hearing; 2) Find that potential environmental impacts have been previously mitigated through the implementation of the policies of the General Plan as evaluated in Program Environmental Impact Report for the 2006 General Plan Update (SCH No. 2006011119), and the City of Newport Beach Housing Element Initial Study/Negative Declaration (collectively, the PEIR)-1 therefore, in accordance with Section 15164 of the California Environmental Quality Act (CEQA) Guidelines, an addendum to the previously adopted PEIR is the appropriate environmental documentation for the Project; and 3) Adopt Resolution No. PC2024-008 (Attachment No. PC 1) recommending the City Council adoption of Environmental Impact Report Addendum No. 9, and approval of General Plan Amendment, Affordable Housing Implementation Plan, Traffic Study, 1 12-18 Residences at 1600 Dove Street (PA2022-0297) Planning Commission, May 23, 2024 Page 2 and Development Agreement, for the Project located at 1600 Dove Street (PA2022- 0297). 2 12-19 Residences at 1600 Dove Street (PA2022-0297) Planning Commission, May 23, 2024 GENERALPLAN ZONING L---- 12 mu R ANOMA mu R 12 6C PC .00 14 N-. UM2 LOCATIO ON -SITE GENERALPLAN Mixed Use Horizontal (MU-H2) F_ZONING ]F-CURRENT Newport Place Planned Community (PC-1 1) USE Office NORTH MU-H2 PC-1 1 �1 350-unit Newport Crossings (graded site) SOUTH MU-H2 --1 PC-1 1 =F -Parking structure and -office EAST MIJ-H2 PC-1 1 =F- Medical office WEST General Commercial Office (CO-G)/MU-H2 PC-1 1 Office I S 12-20 t-4- 4 Residences at 1600 Dove Street (PA2022-0297) Planning Commission, May 23, 2024 Page 4 INTRODUCTION Promect Setting The 2.49-acre project site is located within the Residential Overlay zone of Newport Place Planned Community (PC-1 1) and currently improved with one 4-story, 60,675- square-foot office building and a surface parking lot. The property is somewhat rectangular in shape, with a primary frontage on Dove Street to the west, bordered by the approved Newport Crossings Residential Project (PA2017-107) and Martingale Way to the north, Dolphin -Striker Way to the south, and an existing commercial development to the east. Promect Description The Applicant, the Picerne Group, seeks the following approvals that would allow future development of a seven -story, multiple -unit residential development consisting of up to 282 apartment units: General Plan Amendment (GPA)- A request to add 49 dwelling units above the current General Plan allowance for the Airport Area, and amend Anomaly 12 of the General Plan Table LL12 (Anomaly Locations) allocating the 49 residential dwelling units to the Property; Affordable Housing Implementation Plan (AHIP)- A plan specifying how the Project would meet the City's affordable housing requirements, in exchange for a request of 50% increase in density including a request for three development standard waivers related to height, park dedication requirement, and overall residential density along with two development concessions related to the payment of park in -lieu fees and affordable unit mix pursuant to Chapter 20.32 (Density Bonus) of the Newport Beach Municipal Code and Government Code Section 65915 et seq. ("State Density Bonus Law"); Development Agreement (DA) — A Development Agreement between the Applicant and the City, pursuant to Section 15.45.020 (Development Agreement Required) of the NBMC, which would provide the Applicant with the vested right to develop the Project for a term of 10 years and to provide negotiated public benefits to the City-, Addendum to the 2006 General Plan Update Program Environmental Impact Report (Addendum No. 9) - Pursuant to the California Environmental Quality Act (CEQA), the Addendum addresses reasonably foreseeable environmental impacts resulting from the Project-, and Traffic Study - A traffic study pursuant to Chapter 15.40 (Traffic Phasing Ordinance) of the NBMC. 5 12-22 Residences at 1600 Dove Street (PA2022-0297) Planning Commission, May 23, 2024 Page 5 The applicant has provided conceptual exhibits showing the anticipated design types and possible site plan that may be presented as part of the future Project (Attachment 4). Figures 1 and 2 show the conceptual plans. Should the applications be approved by the City Council, future development of the Project would be required to comply with the Residential Overlay development standards set forth in the PC-11 1 and subject to Site Development review by the Planning Commission. The applicant's full project description and letters of support are provided as Attachment No. PC 2. 2 DOLPHIN -STRIKER WAY LEGEND 6 STORIES CF RESIDENTIAL OVER PARKIN R COURTYARD PERIMETER LANDSCAPE Figure 1: Conceptual Site Plan 0 12-23 Residences at 1600 Dove Street (PA2022-0297) Planning Commission, May 23, 2024 XWOM oil A�-Y* 11:� fill RAI .06 Figure 2: Conceptual Elevations DISCUSSION General Plan Consistency The subject property is located in the Airport Area and is currently designated as Mixed Use Horizontal 2 (MU-H2) by the General Plan Land Use Element. The Mixed -Use Horizontal 2 (MU-H2) designation 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 to a majority of properties in the Airport Area. The MU-H2 designation also allows a maximum of 2,200 residential units as replacement of existing office, retail, and/or industrial uses at a maximum density of 50 units per net acre. Any eligible density bonus allowed by Government Code Section 65915 (State density bonus law) and NBMC Chapter 20.32 (Density Bonus) are not included in the 2,200-unit policy allowance. While the proposed Project is allowed by the General Plan, the applicant is requesting an amendment to Anomaly 12 of the General Plan Table LU2 (Anomaly Locations) to increase the number of dwelling units allocated to the project site by 49 dwelling units, for a total of 188 dwelling units. The base density currently allotted to the property is 139 dwelling units. This density is based on the conversion of the existing 60,675-square- foot office building, consistent with the City's adopted land use conversion factors. The applicant also proposes a 50% density bonus to increase the total unit count to 282 7 12-24 Residences at 1600 Dove Street (PA2022-0297) Planning Commission, May 23, 2024 Page 7 pursuant to Newport Beach Municipal Code (NBMC) Section 20. 32 (Density Bonus) and Government Code Section 65915 (Density Bonus Law). The dwelling unit calculations are summarized below in Table 1. Table 1 — Dwelling Unit Summary Units Based on Existing Nonresidential Uses 139 Additional Units Requested via GPA 49 Total Base Units 188 Density Bonus( 0%) 94 Total Units Allowed 282 Total Units Proposed 282 Presently, there are a total of 209 units remaining and available to be entitled in the Airport Area 2,200-unit policy allowance. The requested 49 GPA units would be in addition to the 2,200-unit policy allowance. With the approval of this project, there would be 70 (209-139=70) dwelling units remaining (exclusive of density bonus units and units authorized through General Plan Amendments). Residential units approved, proposed, and remaining within the MILI-H2 designation of the Airport Area are listed in the Table 2 below. Table 2 - Airport Area Residential Units Base Units Project Density Totals with Residential Development Allocation Replacement Additive Transferred Bonus Density Units Units Units Total Units Units Bonus* General Plan Unit Limit (MU-H2) 1,650 550 0 2,200 Approved Projects Uptown Newport 632 290 -77 845 322 1,167 Newport Crossings 259 0 0 259 91 1 350 Residences at Airport Village 329 0 0 329 115 444 Residences at 4400 Von Karman 260 0 260 52 312 Residences at 1300 Bristol 77 0 +77 154 39 193 Residences at 1400 Bristol 89 0 0 89 77 229** Residences at 1401 Quail 52 0 0 52 15 67 Projects Under Review Residences at 1600 Dove 139 0 0 139 94 282*** Remaining Development Allocation 70 0 70 *Project totals reflect actual proposed project inclusive of density bonus units and any GPA units. However, the density bonus units and GPA units are not restricted by the 2,200 residential unit limit identified in the 2006 General Plan. **Total includes GPA for 64 dwelling units. ,***Total includes GPA for 49 dwelling units. 2 12-25 Residences at 1600 Dove Street (PA2022-0297) Planning Commission, May 23, 2024 Page 8 The future residential development as envisioned is consistent with existing surrounding uses and planned land uses identified by the General Plan, as it would introduce additional residential land uses in the Airport Area which includes a diverse mix of land uses including the gradual multiple residential opportunities. The GPA to increase dwelling units does not eliminate existing or future land uses to the overall detriment of the community given the subject property's size, location, and surrounding uses. The existing office building on -site was built in the 1970's and there are sufficient office facilities in the Airport Area to support the business needs of the community. The Project would increase the City's housing stock including the provision of 28 units that will be affordable to lower incomes. The General Plan contains a number of policies that provide for the orderly evolution of the Airport Area, from a business park to a mixed -use district with cohesive residential villages integrated within the existing fabric of office, industrial, retail, and airport -related businesses. This project site was identified as a site for mixed -use development within the General Plan. Housing Element The Housing Element identifies adequate sites to accommodate its fair share allocation for the 6th Cycle Housing Element to accommodate housing growth needs by income categories. The project site is identified as a Housing Inventory Site 80. Figure B-3 of the Housing Element (below) displays the capacity and opportunity within the Airport Area which can help accommodate a portion of the City's Regional Housing needs Allocation (RHNA). Ultimately, the anticipated residential development implements the certified Housing Element and aids the City in its goal to provide new housing opportunities. 9 12-26 Residences at 1600 Dove Street (PA2022-0297) Planning Commission, May 23, 2024 Page 9 Figure B-3: AirportArea Environs —Sites Inventory Site Inventory: Airport Area Environs LEGEND City8oundary 5th Cyd� Sit - Pipeline Projects opportunity sites Key Map Airport Land Use Commission Consistency Determination F- 0 500 1,000 The project site is within the boundaries of the Airport Environs Land Use Plan (AELUP), therefore, the overseeing agency, Airport Land Use Commission (ALUC), must review the proposed GPA 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 acting on the Project. Staff anticipates review of the project by the ALUC on June 20, 2024. Staff believes the Project is consistent with the requirements and standards in the AELUP. The project site is located within the 60 decibel (dBA) community noise equivalent level (CNEL) contour as shown in Figure N5 of the Noise Element of the General Plan and in the AELUP, where residential development is allowed. Additionally, the subject site is located within John Wayne Airport Safety Zone 6 which allows residential uses. Lastly, the future residential development at the subject site will be required to comply with the noise -related development standards set forth in Section 20.30.080(F) of the NBMC applicable to residential uses proximate to John Wayne Airport. The draft Planning Commission resolution (Attachment No. PC 1) includes facts in support of a finding of consistency of relevant Airport Area policies. Furthermore, the EIR Addendum includes a comprehensive analysis of all relevant General Plan policies. The Project, as proposed, is consistent with all relevant General Plan policies except as 10 12-27 Residences at 1600 Dove Street (PA2022-0297) Planning Commission, May 23, 2024 Page 10 waived through the Affordable Housing Implementation Plan (AHIP) pursuant to State Density Bonus Law and NBMC Section 20.42 (Density Bonus) (see AHIP discussion below). Charter Section 423 Analysis Charter Section 423 requires voter approval of any major General Plan amendment to the General Plan. 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% 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. The Project is the second General Plan Amendment in Statistical Area Ll within the last 10 years that included additional dwelling units or non-residential floor area. The proposed amendment results in 49 additional dwelling units and no change in the square footage of non-residential floor area. Density bonus units are not included in Charter Section 423 analysis nor the General Plan Anomaly calculations. The 49 additional dwelling units result in a net increase of 18 a.m. peak hour trips and 19 p.m. peak hour trips based on the "Multifamily Housing (Mid Rise) Not Close to Rail" ITE 11 th Edition trip rate for the proposed use, as provided in Council Policy A-1 8. No credit is given to the existing non-residential uses on -site because the existing office floor area was converted to residential dwelling units so that the proposed Project (less the density bonus and GPA units) is traffic neutral. Therefore, the Project individually does not exceed the Charter Section 423 thresholds. A summary of the analysis is provided below in Table 3. 11 12-28 Residences at 1600 Dove Street (PA2022-0297) Planning Commission, May 23, 2024 Page 11 Table 3 — Charter 423 Analvsis Projects Description Thresholds Nonresidential Dwelling AM Peak PM Peak SF Change Unit Hour Hour Change Change Change Prior Amendments Residences at 1400 General Commercial (CO-G) 0 64 24 25 Bristol Street to Mixed -Use Horizontal (MU - (PA 2022-0296) H2) and GPA for 64 additional Approved April 9, 2024 units 100% Totals 0 64 24 25 80% Totals 0 51 19 2 Remaining Capacity 40,000 49 66 65 Without a Vote Residences at 1600 GPA for 49 additional units 0 49 18 19 Dove Street (Subject Project) Thresholds - No No No Exceeded? As none of the thresholds specified by Charter Section 423 are exceeded, no vote of the electorate is required if the City Council chooses to approve the requested GPA. Tribal Consultation (SB- 18) Pursuant to California Government Code Section 65352.3 (SB1 8), a local government is required to contact the appropriate tribes identified by the Native American Heritage Commission (NAHC) each time it considers a proposal to adopt or amend the General Plan. If requested by any tribe, the local government must consult for the purpose of preserving or mitigating impacts to cultural resources. The City received comments from the NAHC indicating that 12 tribal contacts should be provided notice regarding the proposed amendment. The tribal contacts were provided notice on February 23, 2023. California Government Code Section 65352.3 requires notification 90 days prior to Council action to allow tribal contacts to respond to the request to consult. The Project will not be heard by the City Council until after the 90-day period, which expired on April 26, 2023. The City participated in consultations with three tribes: the Gabrieleno Band of Mission Indians — Kizh Nation, the Juaneno Band of Mission Indians, Acjachemen Nation-Belardes, and the Gabrielino Tongva Indians of California. Based on consultation with the participating Native American Tribes, conditions of approval have been included to address potential concerns regarding the protection of Tribal Cultural Resources. Newport Place Planned Community (Zoning Code) Consistency The project site is located within the Newport Place Planned Community (PC-1 1) in the Residential Overlay. The Overlay allows for multi -unit residential development as a stand-alone use provided that it includes a minimum of 15% of the base density for lower income households. The future development project, as currently proposed, would provide this minimum number 12 12-29 Residences at 1600 Dove Street (PA2022-0297) Planning Commission, May 23, 2024 Page 12 of affordable units by providing 28 dwelling units as affordable for very -low-income households (188 base units x 15% = 28.2 = 28 units). The Overlay also contains development standards for multi -unit residential development, including density, height, setbacks, parking, signage, airport noise compatibility, amenities, and landscaping. The Overlay limits the density for a residential development to be between 30 and 50 dwelling units per acre. The Project includes 139 base units or 55.8 dwelling units per acre, not including density bonus units or the requested units through the requested GPA. The base density with the requested GPA results in a density of 75.5 dwelling units per acre. The overall density of the project including the density bonus units is 113 units per acre. Both the base density and density bonus units are not consistent with the PC Text density requirement; however, the Applicant is requesting a development standard waiver pursuant to the NBMC and State Density Bonus Law. Furthermore, the proposed building will likely exceed the 55-foot maximum height allowed by PC-1 1, and therefore a development standard waiver is requested for this height restriction to allow future development of up to 100 feet. The future residential development is subject to a Major Site Development Review and will be required to comply with all other development standards of the PC-1 1 Residential Overlay. Affordable Housing Implementation Plan The applicant has prepared a draft Affordable Housing Implementation Plan (AHIP), dated April 22, 2024 (Exhibit D of Attachment No. PC 1) to illustrate compliance with the affordable housing requirements of the Residential Overlay of Newport Place Planned Community and density bonus allowances pursuant NBMC Chapter 20.32 (Density Bonus Code) and Government Code Section 65915-65918 (Density Bonus Law). Because the Project has not been designed yet, additional incentives or development standards may be requested as part of a future site development review and subject to approval of any changes through an AHIP amendment. Consistent with the affordable housing requirements of the Residential Overlay, 15% or 28 units of the Project's 188 base units would be set aside as affordable units to very - low -income households for 55 years. In centivelCon cession Requests. - The 15% allocation of very -low-income households makes the Project entitled to a density bonus of 50% (94 units) above the maximum number of units allowed by the General Plan and requested GPA increase. In addition to the 94 density bonus units requested, the Project is entitled to receive three incentives or concessions that would result in identifiable, financially sufficient, and actual cost reductions. The applicant requests the following two incentives at this time: is 12-30 Residences at 1600 Dove Street (PA2022-0297) Planning Commission, May 23, 2024 Page 13 1. Partial In -Lieu Park Fee Waiver. Pursuant to General Plan Policy General Plan Land Use Policy LU 6.15.13, the Applicant is required to dedicate 0.50 acre of land for a neighborhood park or pay an in -lieu fee for the City to acquire and improve parks in the Airport Area. The applicant is required to pay $1,837,500 for the in -lieu park fee (0.50-acre park equivalent). The Applicant is contributing approximately $714,212 for this purpose; therefore, an incentive/concession is required to waive the remaining fee. The reduction in park in -lieu fees would allow the applicant to contribute to the overall fund for parks in the Airport Area, while providing identifiable cost reduction that make the provision of affordable units feasible. Because the request includes a waiver of a City imposed fee, the Council has the discretion to approve, deny, or modify this concession pursuant to Density Bonus Law. 2. Affordable unit mix that does not meet NBMC Section 20.32.110 (Design and Distribution of Affordable Units). This section requires affordable units in a density bonus project reflect the same range of unit types in the residential development as a whole. See previous discussion regarding unit mix. Granting this incentive will result in identifiable, financially sufficient, and actual project cost reductions by reducing the long-term rental subsidy costs associated with the two -bedroom units and affording additional rental income for the project to ensure financial feasibility. Development Standard Waivers In addition to the density bonus units and financial concessions, the Project is entitled to receive unlimited waivers or reductions of development standards, including parking reductions, if the development standard would physically prevent the project from being built at the permitted density. In this case, the Applicant requests waivers of the following three development standards: 1 . Park dedication requirement. General Plan Land Use Policy LU 6.15.13 requires a public park equal to 8% of the gross land area of the development, or a minimum one-half acre, whichever is greater, be provided. In this case, the 2.49- acre project site is too small to feasibly accommodate a half -acre park. The City has granted this dedication waiver four times previously with the Newport Airport Village Planned Community, the Residences at 1300 Bristol Street, Residences at 1400 Bristol, and Residences at 1401 Quail projects. 2. Residential density. General Plan Land Use Policy LU 6.15.7 and PC-1 1 limits residential density between 30-50 units per acre. Inclusive of only the conversion units, the density would not comply at 55.8 dwelling units per acre. Including the proposed GPA units, the conversion units, and density bonus the resulting density would be 113 units per acre exceeding the limit and a waiver is necessary to implement the project. Again, the City has previously granted this policy waiver allowing excess density three times with the Newport Airport Village 14 12-31 Residences at 1600 Dove Street (PA2022-0297) Planning Commission, May 23, 2024 Page 14 Planned Community, the Residences at 1300 Bristol Street, and Residences at 1400 Bristol projects. 3. Building height. The Newport Place Planned Community (PC-1 1) limits building height to 55 feet from established grade. In this case, a higher building height is necessary to accommodate 282 residential units within seven stories. The Project is anticipated to have a height of 100 feet from established grade. Fiscal Impact Analysis Pursuant to General Plan Implementation Program 12.1, a fiscal impact analysis was prepared for the project by Applied Development Economics dated April 17, 2024 (Attachment PC 3). The fiscal impact model used in the report calculates public service impacts for specific land uses that support the residential population, the employment base and the visitor population in Newport Beach. It also calculates the public revenues that each type of land use typically generates for the City, including property taxes, sales taxes and other taxes as well as a variety of user charges and fees. The report concludes that the future residential rental project would generate a positive fiscal impact for the City, compared to the negative fiscal impact of the existing office use of the site. Annually, the existing office use generates a negative fiscal impact of about $104,661 per year and the residential development would anticipate generating a positive fiscal impact of approximately $41,732. This is based on the expected socio- economic profile of the future tenants. A positive fiscal impact for a for -rent property is not consistent with the original fiscal analysis of residential uses in the 2006 General Plan, although in recent years some other very high value luxury residential projects have shown a positive fiscal benefit. If the anticipated resident profile (i.e. demographic profile of residents) turns out to be more like the average Newport Beach demographic (e.g. older population), or if it changes in that direction over time, then the residential development would have a lower, or possibly negative impact on the City budget. However, even so, the 2006 General Plan anticipated an increased development potential for commercial and lodging uses, in addition to the new residential units it would permit. The net impact of the growth in land uses at buildout of the General Plan compared to existing land uses in 2006 when the plan was adopted, would result in a positive fiscal impact for the General Fund of $21.7 million per year.' Thus, any negative fiscal impacts of future residential development can potentially be mitigated as long as commercial development keeps pace elsewhere throughout the City. Development Agreement In accordance with Section 15.45.020.A.2.a (Development Agreement Required) of the NBMC, a development agreement is required as the proposed project includes a General Plan Amendment and the development of 50 or more residential units. Additionally, the project will be required to pay public benefit fees as part of the 'Applied Development Economics, Fiscal Impact Analysis Land Use Element Amendment, April 4,2014. p. 3. 15 12-32 Residences at 1600 Dove Street (PA2022-0297) Planning Commission, May 23, 2024 Page 15 Development Agreement. The project would also provide much needed housing opportunities in the City in furtherance of the certified Housing Element including 28 rental units affordable to very -low income households. The applicant requests a 10-year term of agreement. The agreement provides assurance that the applicant may proceed with the proposed project in accordance with existing policies, rules and regulations, and conditions of approval. Additionally, the agreement helps the applicant avoid a waste of resources and escalated costs of the proposed project while encouraging a commitment to private participation in comprehensive planning. Staff supports the requested 1 0-year term. The DA provides vested rights to develop the project and the City will finalize the payment of negotiated public benefit fees per each residential dwelling unit. The total fee will have three components: a public safety fee, a reduced park in -lieu fee, and a general public benefit fee (Table 4, below). The public safety fee will assist the City with the costs of an additional ambulance unit that will be stationed at Fire Station No. 7 that will serve this area or other public safety needs. The park fee will be used consistent with City Council Policy B-1 (Park Fee Policy) or for the future acquisition and development of a neighborhood park in the Airport Area. The public benefit fee will be used solely at the City Council's discretion. The public benefit fee would be subject to annual adjustments, based on the CPI Index after two years, and would be payable at building permit issuance or prior to occupancy. Table 4: Projected Public Benefit Fees Category Fee Public Safety $285,760 Reduced Park In -Lieu $714,212 General Public Benefit $3,555,268 Total $4,555,240 Finally, the agreement includes all mandatory elements, including public benefits that are appropriate to support conveying the vested development rights consistent with the City's General Plan, NBMC, and Government Code Sections 65864 et seq. Traffic Phasing Ordinance (TPO) NBMC Chapter 15.40 (Traffic Phasing Ordinance) requires a traffic study to be prepared prior to issuance of building permits if a proposed project generates in excess of 300 new average daily trips (ADT). Ganddini Group Inc. has prepared a traffic study dated August 14, 2023 (Exhibit F of Attachment No. PC 1), under the supervision of the City Traffic Engineer, pursuant to the Traffic Phasing Ordinance (TPO) and its implementing guidelines. The traffic study is focused on the conditions one year after project occupancy, or five years after project 10 12-33 Residences at 1600 Dove Street (PA2022-0297) Planning Commission, May 23, 2024 Page 16 approval for larger projects not expected to be complete within five years. Baseline traffic conditions for a TPO traffic study include previously approved projects in the City. The Traffic Study provides an evaluation of morning and evening peak hours at 14 existing intersections that are located in the City and the adjoining City of Irvine. The Project is projected to generate an additional (i.e. net increase of) 622 daily trips, including 12 peak a.m. trips and 22 peak p.m. trips. When these trips are distributed to these studied intersections, the analysis concludes that there is no significant impact as the project will neither cause nor make worse an unsatisfactory level of service at any impacted primary intersection, and all intersections are forecasted to continue to operate at acceptable Levels of Service (LOS). Additionally, the Traffic Study includes vehicle miles traveled (VMT) analysis for informational purposes only. An analysis of VIVIT was not required as a part of the CEQA Addendum because the adopted Program Environmental Impact Report (PEIR), adopted in 2006, did not utilize VIVIT analysis. Nonetheless, the informational analysis concludes that the project is in an area mapped with low residential VIVIT per capita. Therefore, the project is presumed to have a less than significant impact on VIVIT since it satisfies the City established screening criteria. Furthermore, the TPO requires findings that, based on the weight of the evidence in the administrative record, including the traffic study, the proposed project complies with the TPO. Findings related to the preparation of the traffic study are provided in the draft resolution for project approval (Attachment No. PC 1). Environmental Review On July 25, 2006, the City Council adopted Resolution No. 2006-75, thereby certifying the adequacy and completeness of the Environmental Impact Report (EIR) for the General Plan 2006 Update (SCH No. 2006011119). The EIR was prepared in compliance with the CEQA set forth in the California Public Resources Code Section 21000 et seq. and its implementing State regulations set forth in the California Code of Regulations Title 14, Division 6, Chapter 3 (CEQA Guidelines) and City Council Policy K-3. Additionally, in accordance with Section 15168(a) of the CEQA Guidelines, the City prepared the EIR as a Program Environmental Impact Report (EIR). This PEIR analyzed the potential impacts of a citywide land use plan, and the goals and policies of 10 general plan elements. Additionally, on November 22, 2011, the City Council adopted General Plan Amendment No. GP2008-003, thereby approving the City of Newport Beach Housing Element Update (2008-2014) and its associated Housing Element Initial Study/Negative Declaration. Pursuant to Section 21166 of the California Public Resources Code and Section 15162 of the CEQA Guidelines, when an EIR or prior Negative Declaration has been certified for a project, no subsequent EIR or other analysis is required unless the lead agency determines, on the basis of substantial evidence in the light of the whole record, one or more of the following: 1-7 12-34 Residences at 1600 Dove Street (PA2022-0297) Planning Commission, May 23, 2024 Page 17 1. Substantial changes are proposed in the project which will require major revisions of the previous EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; 2. Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or 3. New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete, shows any of the following: a. The project will have one or more significant effects not discussed in the previous EIR; b. Significant effects previously examined will be substantially more severe than shown in the previous EIR; C. Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or d. Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative. The City contracted with an environmental consultant (Psomas, Inc.) to prepare an Addendum to the PEIR. The entire Addendum and its technical appendixes are available online at the City's website at: www.newportbeachca.gov/cega. The conclusion of the Addendum analysis supports the finding that no additional environmental documentation is required by CEQA. On the basis of the entire environmental review record, the project will not result in any new significant impacts that were not previously analyzed in the PEIR for the General Plan 2006 Update (SCH No. 2006011119) or the Housing Element Initial Study/Negative Declaration. All potential impacts associated with this Project would either be the same or less than those described in either the PEIR or Negative Declaration that have been appropriately mitigated. In addition, there are no substantial changes to the circumstances under which the project would be undertaken that would result in new or more severe environmental impacts than previously addressed in either 12 12-35 Residences at 1600 Dove Street (PA2022-0297) Planning Commission, May 23, 2024 Page 18 the PEIR, nor has any new information regarding the potential for new or more severe significant environmental impacts been identified. Therefore, in accordance with Section 15164 of the CEQA Guidelines, an addendum to the previously adopted PEIR is the appropriate environmental document for the project. Summary Staff believes the findings for project approval can be made, with specific conditions of approval for the AHIP and TPO Study. The proposed Project is consistent with the existing MU-H2 General Plan Land Use designation and its land use policies related residential developments in the Airport Area. The proposed project is also consistent with the recently updated Noise Element and AELUP. The existing Newport Place Residential Overlay allows multi -unit uses subject to approval of a site development review, which would be requested once the Project is designed. The site development review will ensure the design of the future project will be implemented consistent with all applicable development and design standards. Ultimately, the Project will lead to the redevelopment of underperforming office with a multi -unit residential apartment development that will include affordable units consistent with the Overlay and in furtherance of the adopted 611 Cycle Housing Element. Alternatives 1. The Planning Commission has the discretion to recommend changes to the proposed Project to address any areas of concern. 2. The Planning Commission can also recommend denial if the Project's consistency with the MU-H2 and/or other applicable Airport Area policies are not in evidence. If the Planning Commission chooses to deny the project, findings must be made consistent with the Housing Accountability Act (Government Code Section 65589.5) and Density Bonus Law (Government Code Section 65915). Therefore, if after consideration of all written and oral evidence presented, the Planning Commission desires to either disapprove or impose a condition that the project be developed at a lower density or with any other conditions that would adversely impact feasibility of the proposed project, the Planning Commission must articulate the factual basis for making the following findings and direct staff to return with a revised resolution incorporating the articulated findings and factual basis for the decision: a. The housing development project would have a specific, adverse impact upon the public health or safety. As used in this paragraph, a "specific, adverse impact" means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete. 12-36 Residences at 1600 Dove Street (PA2022-0297) Planning Commission, May 23, 2024 Page 19 b. There is no feasible method to satisfactorily mitigate or avoid the adverse impact without rendering the development unaffordable to affordable households financially infeasible. Piffilir. Nlnfirp Notice of this hearing was published in the Daily Pilot, mailed to all owners of property within 300 feet of the boundaries of the site (excluding intervening rights -of -way and waterways) including the applicant, and posted on the subject property at least 10 days before the scheduled meeting, consistent with the provisions of the Municipal Code. Additionally, the item appeared on the agenda for this meeting, which was posted at City Hall and on the city website. Prepared by: Liz \Wes-Fm-oreland, AICP Senior Planner ATTACHMENTS Submitted by: J*6e Murillo, AICP Acting Deputy Community Development Director PC 1 Draft Resolution with Findings and Conditions PC 2 Applicant's Project Description and Letters of Support PC 3 Fiscal Impact Memorandum PC 4 Conceptual Exhibits 2 0 12-37 Attachment C May 23, 2024 Planning Commission Minutes Excerpt 12-38 DocuSign Envelope ID: A2E5C4Bl-D372-4743-8464-A33OB600FE9A NEWPORT BEACH PLANNING COMMISSION MINUTES CITY COUNCIL CHAMBERS — 100 CIVIC CENTER DRIVE THURSDAY, MAY 23, 2024 REGULAR MEETING — 6:00 P.M. 1. CALL TO ORDER- 6:00 P.M. 11. PLEDGE OF ALLEGIANCE — Commissioner Langford Ill. ROLL CALL PRESENT: Chair Curtis Ellmore, Vice Chair Mark Rosene, Secretary Tristan Harris, Commissioner Brady Barto, Commissioner Jonathan Langford, and Commissioner David Salene ABSENT: Commissioner Lee Lowrey Staff Present: Assistant City Manager/Community Development Director Seimone Jurjis, Acting Deputy Community Development Director Jaime Murillo, Assistant City Attorney Yolanda Summerhill, City Traffic Engineer Brad Sommers, Senior Planner Liz Westmoreland, Associate Planner Joselyn Perez, Department Assistant Savannah Martinez, and Department Assistant Jasmine Leon PUBLIC COMMENTS - None V. RWUEST FOR CONTINUANCES - None VI. CONSE ITEMS ITEM NO. 1 UTES OF APRIL 18,2024 mende c Recom= tion: Approve and file Motion made by Commissioner rd and seconded by Secretary Harris to approve the minutes of April 18,2024. AYES: Barto, Ellmore, Harris, Lang rd, Rosene, and Salene r Rose and Salen, NOES: None ABSTAIN: None ABSENT: Lowrey ITEM NO. 2 PETTEY FAMILY TRUST ENCROACH T (PA2024-0067) Site Location: 521 Larkspur Avenue Summary: A request to waive City Council Policy L-6 to retain existing and coft�,uct new non -compliant private improvements consisting of 3-foot-tall vinyl fencing and 6-16ot-tall vinyl fencing encroaching up to 6-feet and 2-foot 6-inches, respectively, within the 50-footwi�e Third Avenue public right-of-way. The Third Avenue right-of-way is approximately 10 feet from Qfaceof 'curb to the property line. City Council Policy L-6 prohibits the existing and proposed new A Ifencing to a 1 -foot projection into the right-of-way and limiting encroachments to 36-inches maxi um. Recommended Actions: Page I of 7 12-39 DocuSign Envelope ID: A2E5C4Bl-D372-4743-8464-A33OB600FE9A Planning Commission Meeting Minutes May 23, 2024 1. Find the project exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2), 15060(c)(3) (Preliminary Review), and Section 15303 Class 3 (New Construction or Conversion of Small Structures) of the CEQA Guidelines, because it has no potential to have a significant effect on the environment; 2. Waive City Council Policy L-6, Encroachments in Public Rhqhts-of-Wa I to retain existing and construct new non -compliant private improvements consisting of 3-foot-tall and 6- 'u "u '. oot-ta I I vinyl fencing that encroach into the Third Avenue public rights -of -way, contingent Pon all conditions of the Encroachment Permit process being met (Attachment No. PC 1 . and 3. Adop, Rnsolnution No. PC2024-009 waiving City Council Policy L-6 and approving , T e Encr(a- . t Permit No. N2024-0154. City Traffic Engineer So�m­ers relayed the request by the homeowner for private improvements in the public right-of-way, pro rty location, project scope, findings from a review by Public Works, support of the waiver by Publ Works, and condition of approval for an encroachment agreement within a year of approval. In response to Secretary Harris'\question, City Traffic Engineer Sommers stated that the encroachment agreement will allow t ity to take the land back for public improvements at the expense of the homeowner. N� In response to Vice Chair Rosene's questioNcity Traffic Engineer Sommers clarified that the 6-foot fence is being relocated on the property to im�fove the sight distance coming out of the driveway. There were no ex-parte communications disclose by the Commissioners. There was no public comment. Co rr Motion made by Vice Chair Rosene and seconded \byCo missioner Salene to approve the item as recommended by staff. AYES: Barto, Ellmore, Harris, Langford, Rosene, and S"17 NOES: None RECUSED: None ABSENT: Lowrey ITEM NO. 3 SMITH FAMILY TRUST ENCROACHMENT (P Site Location: 3015 Cliff Drive Summary: A request to waive City Council Policy L-6 to retain private improvements cons tin, of a, various - 40 .!!l e� -f( -wide retaining walls, steps, and pilasters with lights that encroach up to 4 feet withi t. oot .. 'c rig La Jolla Drive public right-of-way and up to 13 feet within the 80-foot-wide Cliff Dri public right - I of -way. The La Jolla Drive public right-of-way is approximately 5-foot wide from the ce of cu Irb to property line and the Cliff Drive right-of-way is approximately 13-foot wide from t \ of face t curb to the property line. City Council Policy L-6 prohibits retaining walls, steps, and p 'asters ,v with lights since structures are limited to a one 1 -foot projection into the right-of-way, max um height of 36-inches, and prohibits lighting. Page 2 of 7 12-40 DocuSign Envelope ID: A2E5C4Bl-D372-4743-8464-A33OB600FE9A Planning Commission Meeting Minutes May 23, 2024 Recommended Actions: 1. Find the project exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) (Preliminary Review) of the CEQA Guidelines, because it has no potential to have a significant effect on the environment; 2. . e City Council Policy L-6, Encroachments in Public R4qhts-of-Wa , to retain non- c comp t private improvements consisting of varying height retaining walls, steps, and m p e Cit t p C ri 0 v u ate nc i i m I P pr 0 0 W�" lic v y L-6 men pilasters h lights that encroach into the La Jolla Drive and Cliff Drive public rights -of - way, conting t upon all conditions of the Encroachment Permit process being met (Attachment No. C 1); and 3. Adopt Resolution No. 2024-010 waiving City Council Policy L-6 and approving Encroachment Permit No. 024-0163. City Traffic Engineer Sommers relayed the"'� uest by the homeowner related to private improvements in the public right-of-way, findings trom,,a review by Public Works, and condition of approval for an encroachment agreement within a yearof,,approval. There were no ex-parte communications disclosed by the Com'Kissioners. There was no public comment. Motion made by Secretary Harris and seconded by Commissioner Salene rove the item as recommended by staff. 1"7 AYES: Barto, Ellmore, Harris, Langford, Rosene, and Salene NOES: None RECUSED: None ABSENT: Lowrey VII. PUBLIC HEARING ITEMS ITEM NO. 4 RESIDENCES AT 1600 DOVE STREET (PA2022-0297) Site Location: 1600 Dove Street Summary: The Applicant is requesting approval of the following entitlements for the future development of a multi -unit residential project consisting of up to 282 dwelling units at 1600 Dove Street (Project): General Plan Amendment (GPA) - A request to add 49 dwelling units above the current General Plan allowance for the Airport Area, and amend Anomaly 12 of the General Plan Table LU2 (Anomaly Locations) allocating the 49 residential dwelling to the Property; Affordable Housing Implementation Plan (AHIP) - A plan specifying how the Project would meet the City's affordable housing requirements, in exchange for a request of 50% increase in density including a request for three development standard waivers related to height, park dedication requirement, and overall residential density along with two development concessions related to the payment of partial park in -lieu fees and mix of affordable units pursuant to Chapter 20.32 (Density Bonus) of the Newport Beach Page 3 of 7 12-41 DocuSign Envelope ID: A2E5C4Bl-D372-4743-8464-A33OB600FE9A Planning Commission Meeting Minutes May 23, 2024 Municipal Code (NBMC) and Government Code Section 65915 et seq. ("State Density Bonus Law"); Development Agreement (DA) � A Development Agreement between the Applicant and the City, pursuant to Section 15.45.020 (Development Agreement Required) of the NBMC, which would provide the Applicant with the vested right to develop the Project for a term of 10 years and to provide negotiated public benefits to the City; Addendum to the 2006 General Plan Update Program Environmental Impact Report (Addendum No. 9) - Pursuant to the California Environmental Quality Act (CEQA), the Addendum addresses reasonably foreseeable environmental impacts resulting from the Project; and Traffic Study - A traffic study pursuant to Chapter 15.40 (Traffic Phasing Ordinance) of the NBMC. The Project would require a future Site Development Review approval prior to building permit issuance as no specific design for the Project is included. Recommended Action: 1. Conduct a public hearing; 2. Find that potential environmental impacts have been previously mitigated through the implementation of the policies of the General Plan as evaluated in Program Environmental Impact Report for the 2006 General Plan Update (SCH No. 2006011119), and the City of Newport Beach Housing Element Initial Study/Negative Declaration (collectively, the PEIR); therefore, in accordance with Section 15164 of the California Environmental Quality Act (CEQA) Guidelines, an addendum to the previously adopted PEIR is the appropriate environmental documentation for the Project; and 3. Adopt Resolution No. PC2024-008 recommending the City Council adoption of Environmental Impact Report Addendum No. 9, and approval of General Plan Amendment, Affordable Housing Implementation Plan, Traffic Study, and Development Agreement, for the project located at 1600 Dove Street (PA2022-0297). Secretary Harris recused himself from the item due to a business interest conflict Senior Planner Westmoreland used a presentation to review the project location, land use and zoning, project description, entitlements requested, dwelling unit summary, conceptual elevations, density bonus and AHIP, development agreement, CEQA addendum and traffic study, Charter Section 423 Analysis, recommendation, and next steps. In response to Commissioner Salene's question, Senior Planner Westmoreland stated that the reduced park fee is based on a negotiated number. Commissioners Barto and Langford disclosed ex parte communication by speaking with the representative from the developer, while the remaining Commissioners had none. Chair Ellmore opened the public hearing. Satish Lion, representing The Picerne Group, utilized a presentation to review the project team, sponsor, and context map, current condition, product evolution, and community support and commitment. He agreed to the recommended conditions. Page 4 of 7 12-42 DocuSign Envelope ID: A2E5C4Bl-D372-4743-8464-A33OB600FE9A Planning Commission Meeting Minutes May 23, 2024 Chair Ellmore closed the public hearing. Commissioner Langford thought the project was thoughtful Commissioner Salene thought the project is pushing the density and expressed concern for the starting base density, additional bonuses, and an aggressive approach. Motion made by Commissioner Langford and seconded by Chair Ellmore to approve the item as recommended by staff. AYES: Barto, Ellmore, Langford, and Rosene NOES: Salene RECUSED: Harris ABSENT: Lowrey ITEM NO. 5 FLETCHER JONES AIRPORT SHUTTLE AND PARKING FACILITY (PA2023- 0172) Site Location: 20071 Birch Street mmary: %req uest for a conditional use permit to relocate the existing Fletcher Jones Motorcars '_.1 r ed r r Owners Airport Shuttle Facility from its current location at 2172, 2192, and 2222 Sout ristol Street to a new site at 20071 Birch Street. If approved, the new site will be develope with an approximately 1,134 square -foot, single -story, reception office and surface par i g for 83 cars. Accessory improvements include security fencing and perimeter walls, site lighti hardscaping, and landscaping. No late hours are proposed. The request isonephaseofa rger future effort by Fletcher Jones Motorcars to redevelop 2172, 2192, and 2222 South Bn I Street and the adjoining property at 20052 Birch Street into an automotive inventory fa ility with accessory parking. With approval of this application, the conditional use permit for lication PA2022-128 would be rescinded. Recommended Actions: 1. Conduct a public hearing; 2. Find this project exempt from the CaliforN Environmental Quality Act (CEQA) pursuant to Section 15303 under Class 3 (New Con uction or Conversion of Small Structures), !�L pmen Section 15332 under Class 32 (in -Fill E Me. t Projects), and Section 15183 an or (Projects Consistent with a Community Plan, G eral Plan, or Zoning) of the CEQA Guidelines, because it has no potential to have a si ificant effect on the environment; and 3. Adopt Resolution No. PC2024-011 approving the conditi al use permit filed as PA2023-0172. Associate Planner Perez used a presentation to review the vicinity map, surroundl land �se and u facilit zoning, existing airport shuttle facility, future redevelopment plans for the existing s i y site, the proposed relocation project, site improvements for the new airport shuttle facility, de ibed why a conditional use permit is required, reviewed compatibility findings and conditions of app val for the project, recommended adding three additional conditions of approval to the resolution, proaided an overview of the environmental review and CEQA, and recommended approval. Page 5 of 7 12-43 DocuSign Envelope ID: A2E5C4Bl-D372-4743-8464-A33OB600FE9A Planning Commission Meeting Minutes May 23, 2024 Acting Deputy Com—��Development Director Murillo noted that the next Planning Commission meeting scheduled for June 5 is cial Meeting. ITEM NO. 8 REQUESTS FOR EXCUSED ABSE - one 1 rt t IX. ADJOURNMENT - With no further business, the meeting was adjo�urned � �irEllm�®re !6:40 p.m. The agenda for the May 23, 2024, Planning Commission meeting was posted on Thursday, May 16, 2024, at 3:30 p.m. in the Chambers binder, on the digital display board located inside the vestibule of the Council Chambers at 100 Civic Center Drive, and on the City's website on Thursday, May 16, 2024, at 3:33 p.m. (aDIN� Curtis Ellmore, Uriair J-�iSfalA, NYYiS Tristan Harris, z5ecretary Page 7 of 7 12-44 Attachment D Planning Commission Resolution No. PC2024-008 (no exhibits) 12-45 DocuSign Envelope ID: 958E5150-F6B7-46B2-95DA-16F4273El39C RESOLUTION NO. PC2024-008 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH, RECOMMENDING CITY COUNCIL ADOPTION OF A GENERAL PLAN AMENDMENT, AFFORDABLE HOUSING IMPLEMENTATION PLAN, DEVELOPMENT AGREEMENT, ENVIRONMENTAL IMPACT REPORT ADDENDUM NO. 9 TO THE 2006 GENERAL PLAN UPDATE PROGRAM ENVIRONMENTAL IMPACT REPORT AND 2008-2014 CITY OF NEWPORT BEACH HOUSING ELEMENT UPDATE INITIAL STUDY/NEGATIVE DECLARATION, AND TRAFFIC STUDY FOR THE RESIDENCES AT 1600 DOVE PROJECT LOCATED AT 1600 DOVE STREET (PA2022-0297) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. An application was filed by The Picerne Group ("Applicant"), with respect to the property located at 1600 Dove Street, and legally described in Exhibit "A," which is attached hereto and incorporated by reference ("Property"). 2. The Applicant requests approvals to that would allow future development of a seven -story apartment complex consisting of up to 282 apartment units ("Project"), which requires the following approvals: General Plan Amendment ("GPA")- A request to add 49 dwelling units above the General Plan allowance, and amend Anomaly Number 12 of the General Plan Table LU2 (Anomaly Locations) to allow 49 residential dwelling units at the Property; Affordable Housing Implementation Plan ("AHIP")- A preliminary plan specifying how the Project would meet the City's affordable housing requirements, in exchange for a request of 50% increase in density including a request for three development standard waivers related to height, park dedication requirement, and overall residential density along with two development concessions related to the payment of park in -lieu fees and affordable unit mix pursuant to Chapter 20.32 (Density Bonus) of the Newport Beach Municipal Code ("NBMC") and Government Code Section 65915 et seq. ("State Density Bonus Law"); Development Agreement ("DA") —A development agreement between the Applicant and the City, pursuant to Section 15.45.020 (Development Agreement Required) of the NBMC, which would provide the Applicant with the vested right to develop the Project for a term of 10 years and to provide negotiated public benefits to the City; 12-46 DocuSign Envelope ID: 958E5150-F6B7-46B2-95DA-1 6F4273EI 39C Planning Commission Resolution No. PC2024-008 Pacle 2 of 24 Traffic Study - A traffic study pursuant to Chapter 15.40 (Traffic Phasing Ordinance) of the NBMC. Addendum to the 2006 General Plan Update Program Environmental Impact Report ("Addendum No. 9") - Pursuant to the California Environmental Quality Act ("CEQA"), the Addendum addresses reasonably foreseeable environmental impacts resulting from the Project; and 3. The Property is designated Mixed -Use Horizontal 2 (MU-H2) by the General Plan Land Use Element and located within the Newport Place Planned Community (PC-1 1) Zoning District Professional and Business Office Site 7. 4. The Property is not located within the coastal zone, therefore amending the Local Coastal Program or obtaining a coastal development permit is not required. 5. A public hearing was held on May 23, 2024, in the Council Chambers at 100 Civic Center Drive, Newport Beach, California. A notice of the 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), 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. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1 The City Council adopted Resolution No. 2006-75 on July 25, 2006, thereby certifying the adequacy and completeness of the Environmental Impact Report ("EIR") for the General Plan Update (SCH No. 2006011119). The EIR was prepared in compliance with California Public Resources Code Section 21000 et seq. and its implementing State regulations set forth in the California Code of Regulations Title 14, Division 6, Chapter 3 ("CEQA Guidelines") and City Council Policy K-3. Additionally, in accordance with Section 15168(a) of the CEQA Guidelines, the City prepared the EIR as a Program Environmental Impact Report ("PEIR"). This PEIR analyzed the potential impacts of a citywide land use plan and the goals and policies of 10 general plan elements. 2. The City Council adopted General Plan Amendment No. GP2008-003 on November 22, 2011, thereby approving the 2008-2014 City of Newport Beach Housing Element Update and its associated Housing Element and Initial Study/Negative Declaration under CEQA. 3. The City Council adopted Resolution Nos. 2007-79 and 2012-62 on December 11, 2007 and July 24th, 2012, respectively, approving Addenda Nos. 1 and 2 to the 2006 General Plan Update EIR to analyze changes to the development intensities within the North Newport Center Planned Community ("NNCPC") Development Plan. 4. The City Council adopted Resolution No. 2020-78 on September 8, 2020, approving Addendum No. 3 (ER2020-002), to the 2006 General Plan Update EIR to amend the General Plan Land Use Designation of the Newport Airport Village project located 4341, 4361, and 4501 Birch Street; 4320, 4340, 4360, 4400, 4500, 4520, 4540, 4570, 4600, and 01-17-23 12-47 DocuSign Envelope ID: 958E5150-F6B7-46B2-95DA-1 6F4273EI 39C Planning Commission Resolution No. PC2024-008 Paae 3 of 24 4630 Campus Drive; and 4525, 4533, and 4647 MacArthur Boulevard, from Airport Office and Supporting Uses (AO) to Mixed -Use Horizontal 2 (MU-H2) and amend Table LU2 (Anomaly Locations) to add Anomaly No. 86 to allow for the development of 329 dwelling units, exclusive of any permitted density bonus, and 297,572 square feet of commercial uses. No analysis specific to the Property was included in Addendum No. 3. 5. The City Council adopted Resolution No. 2021-2 on January 26, 2021, approving Addendum No. 4 (ER2020-003), to the PEIR to amend Planned Community Development Plan No. 15 (Koll Center Newport Planned Community) for the creation of a residential overlay zone and a park overlay zone to allow for residential use and a public park within the Koll Center Newport Professional and Business Office Site B, including a major site development review, traffic study, lot line adjustment, affordable housing implementation plan, and development agreement for the Residences at 4400 Von Karman Project. No analysis specific to the Property was included in Addendum No. 4. 6. The City Council adopted Resolution No. 2022-19 on March 22, 2022, approving Addendum No. 5 (ER2022-001), to the PEIR to approve the Residences at 1300 Bristol Street Project. No analysis specific to the Property was included in Addendum No. 5. 7. The Planning Commission approved Resolution No. PC2022-011 on May 12, 2022, approving Addendum No. 6 (ER2022-002), to the PEIR to approve the Ritz Carlton Residences Project. No analysis specific to the Property was included in Addendum No. 6. 8. The City Council approved Resolution No. 2024-22 on April 9, 2024, approving Addendum No. 7 (PA2022-0296) to the PEIR to approve the Residences at 1400 Bristol Project. No analysis specific to the Property was included in Addendum No. 7. 9. The City Council approved Resolution No. 2024-25 on April 9, 2024, approving Addendum No. 8 (PA2022-0040), to the PEIR for the consideration of the Residences at 1401 Quail Street Project. No analysis specific to the Property was included in Addendum No. 8. 10. Pursuant to Section 21166 of the California Public Resources Code and Section 15162 of the CEQA Guidelines, when an EIR has been certified for a project, no subsequent EIR is required unless the lead agency determines, on the basis of substantial evidence in the light of the whole record, one or more of the following: a. Substantial changes are proposed in the Project which will require major revisions of the previous EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; b. Substantial changes occur with respect to the circumstances under which the Project is undertaken which will require major revisions of the previous EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or 01-17-23 12-48 DocuSign Envelope ID: 958E5150-F6B7-46B2-95DA-1 6F4273EI 39C Planning Commission Resolution No. PC2024-008 Pacle 4 of 24 c. New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete, shows any of the following: i. The project will have one or more significant effects not discussed in the previous EIR; ii. Significant effects previously examined will be substantially more severe than shown in the previous EIR; iii. Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the Project, but the Project proponents decline to adopt the mitigation measure or alternative; or iv. Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the Project proponents decline to adopt the mitigation measure or alternative. 11. Addendum No. 9 to PEIR was prepared pursuant to Section 15162 (Subsequent EIRs and Negative Declarations) and 15164 (Addendum to an EIR or Negative Declaration) of the CEQA Guidelines. 12. The following environmental topics were analyzed for the Project: Aesthetics, Air Quality, Biological Resources, Cultural Resources, Energy, Geology and Soils, Greenhouse Gas Emissions, Hazards and Hazardous Materials, Hydrology and Water Quality, Land Use and Planning, Mineral Resources, Noise, Population and Housing, Public Services, Recreation, Transportation, Tribal Cultural Resources, Utilities and Service Systems, and Wildfire. The Addendum includes analysis of new topics that were not included in the previous EIRs; specifically, it includes a new Energy, Wildfire, and Tribal Cultural Resources section. These additional analyses are appropriate for inclusion in Addendum No. 9, but none result in new or increased significant impacts that would require preparation of a subsequent EIR pursuant to Section 15162 of the CEQA Guidelines. 13. On the basis of the PEIR and entire environmental review record, including Addenda Nos. 1-9, the Project (inclusive of recommended conditions of approval) will not result in any new significant impacts that were not previously analyzed in the PEIR, Addenda Nos. 1, 2, 3, 4, 5, 6, 7, and 8 to the PEIR. Addendum No. 9, which is attached hereto as Exhibit B and includes Addenda Nos. 1-8, confirms and provides substantial evidence that the potential impacts associated with this Project would either be the same or less than those described in either the PEIR, Addenda Nos. 1, 2, 3, 4, 5, 6, 7, and 8 to the PEIR. In addition, there are no substantial changes to the circumstances under which the Project would be undertaken that would result in new or more severe environmental impacts than previously addressed in either the PEIR, Addenda Nos. 1, 2, 3, 4, 5, 6, 7 and 8 to the PEIR nor has any new information regarding the potential for new or more 01-17-23 12-49 DocuSign Envelope ID: 958E5150-F6B7-46B2-95DA-1 6F4273EI 39C Planning Commission Resolution No. PC2024-008 Pacle 5 of 24 severe significant environmental impacts been identified. Therefore, in accordance with Section 15164 of the CEQA Guidelines, an addendum to the previously adopted PEIR, including Addenda Nos. 1, 2, 3, 4, 5, 6, 7, and 8 to the PEIR is the appropriate environmental document for the Project. In taking action to approve any of the requested applications for the Project, the data presented in the PEIR, Addenda Nos. 1, 2, 3, 4, 5, 6, 7, and 8 to the PEIR as augmented by Addendum No. 9 for this Project, are considered part of the record. 14. Addendum No. 9 is hereby recommended for approval by the Planning Commission given its analysis and conclusions. Addendum No. 9 and related and referenced documentation, constitute the administrative record upon which this decision was based, are on file with the Planning Division, City Hall, 100 Civic Center Drive, Newport Beach, California. 15. The Planning Commission finds that judicial challenges to the City's CEQA determinations and approvals of land use projects are costly and time-consuming. In addition, project opponents often seek an award of attorneys' fees in such challenges. As project applicants are the primary beneficiaries of such approvals, it is appropriate that such applicants should bear the expense of defending against any such judicial challenge, and bear the responsibility for any costs, attorneys' fees, and damages that may be awarded to a successful challenger. SECTION 3. REQUIRED FINDINGS. General Plan Amendment An amendment to the 2006 Newport Beach General Plan Land Use Element is a legislative act. Neither Title 20 (Planning and Zoning) nor California Government Code Section 65000 et seq., set forth any required findings for approval of such amendments. Finding and Facts in Support of Findings: 1 The Property is designated Mixed Use Horizontal 2 (MU-H2) by the General Plan. The Mixed -Use Horizontal 2 (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. No changes are proposed to the underlying land use designation of the Property. 2. The GPA and the resulting increase in dwelling units is compatible with the existing surrounding uses and planned land uses identified by the General Plan, because the Project would introduce additional residential units in the Airport Area, within an area that already allows residential development. The Airport Area includes a diverse mix of land uses including the gradual development of residential multifamily dwellings. The additional residential development would consolidate growth and support commercial properties within the Airport Area. 01-17-23 12-50 DocuSign Envelope ID: 958E5150-F6B7-46B2-95DA-1 6F4273EI 39C Planning Commission Resolution No. PC2024-008 Pacle 6 of 24 3. The requested GPA to add 49 dwelling units within the Mixed -Use Horizontal 2 (MU-H2) designation does not eliminate existing or future land uses to the overall detriment of the community given the site's size, location, and surrounding uses. The existing office building on -site was 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 additional residential density would increase the City's housing stock including the provision of units that will be affordable to lower incomes, as required by the PC-11 1 Residential Overlay. 4. The Property is located in an area of the city that has sufficient utility systems to serve the Project. No off -site improvements other than typical utility connections are currently 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 with additional policy analysis included in the EIR Addendum No.9: a. Land Use Element Policy LU 1.1 (Unique Environment): Maintain and enhance the beneficial and unique character of the different neighborhoods, business districts, and harbor that together identify Newport Beach. Locate and design development to reflect Newport Beach's topography, architectural diversity, and view sheds. The Project enhances the distinct, urban character of the Airport Area by providing a means for replacing parking lots and a 1970's era office building with 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 that feature the harbor, unique 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 existing Mixed -Use Horizontal 2 (MU- H2) designation. b. Land Use Element Policy LU 2.3 (Range of Residential Choices). Provide opportunities for the development of residential units that respond to community and regional needs in terms of density, size, location, and cost. Implement goals, policies, programs, and objectives identified within the City's Housing Element. The Project includes up to 282 multi -family residential units, inclusive of 139 base units from the conversion of 60,675-square-foot office building, 49 added units from the requested GPA, and 94 units from the requested 50% density bonus. Of the 282 residential units, 28 or 15% will be set aside for very low-income households. 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 Element 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 01-17-23 12-51 DocuSign Envelope ID: 958E5150-F6B7-46B2-95DA-1 6F4273EI 39C Planning Commission Resolution No. PC2024-008 Pacle 7 of 24 Wayne Airport planning area, as established in the JW4 Airport Environs Land Use Plan ("AELUP'), to the Airport Land Use Commission ("ALUC') for Orange County for review, as required by Section 21676 of the California Public Utilities Code. In addition, refer all development projects that include buildings with a height greater than 200 feet above ground level to the ALUC for review. The Project is within the boundaries of the Airport Environs Land Use Plan ("AELUP"), therefore, the overseeing agency, ALUC, must review the proposed GPA 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 located within the City's updated 60 decibel ("dBA") community noise equivalent level ("CNEL") contour as shown in Figure N5 of the Noise Element of the General Plan as well as the 60 dBA contour identified in the AELUP, where residential development is allowed. As a result, the Project will be required to comply with the development standards set forth in Section 20.30.080(F) (Residential Use Proximate to John Wayne Airport) of the NBMC. Further, the Project site is located within Safety Zone 6, which allows residential development. d. Land Use Element Policy 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 dBA 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 dBA 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 dBA CNEL contour area. The Project is located within the updated 60 dBA CNEL contour as shown in Figure N5 of the Noise Element of the General Plan as well as the 60 dBA contour of the AELUP, where residential development is allowed, subject to the development standards set forth in Section 20.30.080(F) (Residential Use Proximate to John Wayne Airport) of the NBMC. e. Land Use Element Policy LU 6.15.5 (Residential and Supporting Uses). Accommodate the development of a maximum of 2,200 multi -family residential units, including work force housing, and mixed -use buildings that integrate residential with ground level office or retail uses, along with supporting retail, grocery stores, and parklands. Residential units may be developed only as the replacement of underlying permitted nonresidential uses. When a development phase includes a mix of residential and nonresidential uses or replaces existing industrial uses, the number of peak hour trips generated by cumulative development of the site shall not exceed the number of trips that would result from development of the underlying permitted nonresidential uses. However, a maximum of 550 units may be developed as infill 01-17-23 12-52 DocuSign Envelope ID: 958E5150-F6B7-46B2-95DA-1 6F4273EI 39C Planning Commission Resolution No. PC2024-008 Pacle 8 of 24 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 established 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 Government Code Section 65915 (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. Considering the dwelling unit sum of the previously approved projects, the remaining and available development allocation within the Airport Area would be 209 dwelling units. With the development of this Project, there would be 70 dwelling units (209-139=70) remaining, exclusive of density bonus units and units authorized through a GPA. The Property is developed with an existing 4-story commercial office building totaling 60,675 square feet. Since the Project can be developed only as the replacement of the underlying nonresidential office use (without a GPA), 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 139 dwelling units. The Project includes a request for a GPA to increase the base units by 49 dwelling units, which results in a total base unit count of 188 dwelling units. With the application of a 50% density bonus (i.e. 94 units), a maximum of 282 units could be constructed. Land Use Element 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 2.49 acres in size. The Residential Overlay of PC-1 1 allows residential development on sites containing less than 10 acres if housing units 01-17-23 12-53 DocuSign Envelope ID: 958E5150-F6B7-46B2-95DA-1 6F4273EI 39C Planning Commission Resolution No. PC2024-008 Paae 9 of 24 affordable to lower income households are provided. The Project will allocate a minimum of 15% of the base dwelling units as affordable for very -low income households. Therefore, the Project will be exempt from General Plan 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 proposes 188 base units at a density of 75.5 dwelling units per acre on the 2.49 net -acre site. A waiver from Land Use Policy LU 6.15.7 regarding maximum density is requested as part of the AHIP. The base density does not include the 50% density bonus (94 units) that is allowed by the State Bonus Density law and Section 20.32 (Density Bonus) of the NBMC. Altogether, the Project would reach an overall maximum density of 113 dwelling units per acre, which is exclusive of rights -of -ways, public pedestrian ways, and neighborhood parks. The Project is a for rent apartment building with up to 282 units. There will be a mixture of unit types, ranging from studios to two -bedroom units, and possibly 3- bedroom units, accommodating a variety of household types and incomes. Of the dwelling units, 28 units will be affordable to very -low income households and the remaining units will be market -rate housing, which will increase the City's overall housing stock for various household income levels. h. Land Use Policy LU 6.15.8 (First Phase Development Density). Require a residential density of 45 to 50 units per net acre, averaged over the first phase for each residential village. This shall be applied to 100 percent of properties in the first phase development area whether developed exclusively for residential or integrating service commercial horizontally on the site or vertically within a mixed -use building. On individual sites, housing development may exceed or be below this density to encourage a mix of housing types, provided that the average density for the area encompassed by the first phase is achieved. The Project would be developed in one phase on an individual site with a maximum density of 113 units per acre. The Project provides a mixture of residential unit types that include 28 units of affordable housing to very -low-income households. The proposed density is above the required minimum of 45 units per acre and the Applicant is requesting a development standard waiver allowed by State Density Bonus Law to exceed the maximum density of 50 units per acre. i. Land Use Policy LU 6.15.9 (Subsequent Phase Development Location and Density). Subsequent phases of residential development shall abut the first phase or 01-17-23 12-54 DocuSign Envelope ID: 958E5150-F6B7-46B2-95DA-1 6F4273EI 39C Planning Commission Resolution No. PC2024-008 Paae 10 of 24 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. See finding LU 6.15.9 First Phase Development Density above. Tribal Consultation (SB18) 6. Pursuant to California Government Code Section 65352.3 (SB18), a local government is required to contact the appropriate tribes identified by the Native American Heritage Commission (NAHC) each time it considers a proposal to adopt or amend the General Plan. If requested by any tribe, the local government must consult for the purpose of preserving or mitigating impacts to cultural resources. The City received comments from the NAHC indicating that 12 tribal contacts should be provided notice regarding the proposed amendment. The tribal contacts were provided notice on February 23, 2023. California Government Code Section 65352.3 requires notification 90 days prior to Council action to allow tribal contacts to respond to the request to consult. The Project will not be heard by the City Council until after the 90-day period, which expired on April 26, 2023. The City participated in consultations with three tribes: the Gabrieleno Band of Mission Indians — Kizh Nation, the Juaneno Band of Mission Indians, Acjachemen Nation-Belardes, and the Gabrielino Tongva Indians of California. Based on consultation with the participating Native American Tribes, conditions of approval have been included to address potential concerns regarding the protection of Tribal Cultural Resources. Charter Section 423 Analysis Finding: Charter Section 423 requires voter approval of any major General Plan amendment to the General Plan. 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 more than 100 units. These thresholds apply to the total of increases resulting from the amendment itself, plus 80% 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 10 years. Council Policy A-1 8 (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. Facts in Support of Findings: 01-17-23 12-55 DocuSign Envelope ID: 958E5150-F6B7-46B2-95DA-1 6F4273EI 39C Planning Commission Resolution No. PC2024-008 Pacle 11 of 24 The Project is the second General Plan Amendment in Statistical Area L4 within the last 10 years that included additional dwelling units or non-residential floor area. The proposed amendment results in 49 additional dwelling units and no change in the square footage of non-residential floor area. Conversions of existing commercial development is allowed by the current General Plan (2,200 in -fill units maximum in the Airport Area based on conversion of existing commercial floor area). Reductions in commercial floor area are not tracked as part of the Charter Section 423 analysis. Density bonus units are not included in Charter Section 423 analysis nor the General Plan Anomaly calculations. 2. The 49 additional dwelling units result in a net increase of 18 a.m. peak hour trips and 19 p.m. peak hour trips based on the "Multifamily Housing (Mid Rise) Not Close to Rail" ITE 11 th Edition trip rate for the proposed use, as provided in Council Policy A-1 8. No credit is given to the existing non-residential uses on -site because the existing office floor area was converted to residential dwelling units so that the proposed Project (less the density bonus and GPA units) is traffic neutral. Therefore, the Project individually does not exceed the Greenlight thresholds. 3. There has been one other relevant GPA within Statistical Area L4 within the last 10 years, which resulted in an increase of 64 dwelling units at 1400 Bristol Street (PA2022-0296). Considering 80% of the prior amendments (80% of 64 dwelling units) results in 51 dwelling units. The Project includes a GPA for 49 dwelling units. Therefore, cumulative development of 80% of prior GPAs from the last 10 years coupled with the Project results in an increase of 100 dwelling units. In terms of peak hour trips, the prior GPA resulted in a net increase of 24 a.m. peak hour trips and 25 p.m. peak hour trips. Considering 80% of the prior amendment, results in 19 and 20 a.m. and p.m. peak hour trips, respectively. Therefore, cumulative development of 80% of prior GPAs from the last 10 years coupled with the proposed project results in a change of 37 and 39 a.m. and p.m. peak hour trips, respectively. As none of the thresholds specified by Charter Section 423 are exceeded, no vote of the electorate is required if the City Council chooses to approve the requested GPA. Affordable Housing implementation Plan The AHIP is consistent with the intent to implement affordable housing goals within the City pursuant to Government Code Sections 65915-65918 (State Density Bonus Law), and Chapter 20.32 (Density Bonus) of the NBMC for the following reasons: Consistent with the requested 50% density bonus, 28 units (15% of the base units) would be set aside as affordable units to lower income households. Lower income households are defined as households with 80% or less of the area median income, adjusted for family size for minimum term of 55 years for very low-income households. The Project is consistent the provisions of the Residential Overlay of Newport Place Planned Community, which requires a minimum of 15% of base units to be set aside for lower income households. 2. The State Density Bonus Law and Chapter 20.32 (Density Bonus) provide for an increase in the number of units above the General Plan and zoning limits for projects that include a minimum of 15% of the base units affordable to very -low-income households earning 50% or less of area median income. The Project's inclusion of 28 very -low-income units, which 01-17-23 12-56 DocuSign Envelope ID: 958E5150-F6B7-46B2-95DA-1 6F4273EI 39C Planning Commission Resolution No. PC2024-008 Pacle 12 of 24 is 15% of the base unit count of 188 units makes the Project eligible for 94 additional units. Inclusive of all base units, density bonus units, and affordable units the total project includes 282 units. 3. In addition to the 94 density bonus units, the Project is entitled under California Government Code Section 65915(d) and Section 20.32.070 of the NBMC, to receive up to three incentives or concessions that would result in identifiable, financially sufficient, and actual cost reductions. The Project includes a development concession for the proposed affordable unit mix that does not meet Section 20.32.070 (Design and Distribution of Affordable Units) of the NBMC. Section 20.32.070 (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 would provide a higher percentage of affordable studio units and fewer affordable two -bedroom units and three - bedroom compared to market rate units. Granting this incentive will result in identifiable, financially sufficient, and actual project cost reductions by reducing the long-term rental subsidy costs associated with the two- and three -bedroom units and affording additional rental income for the project to ensure financial feasibility. The Project includes a second development concession to waive a portion of the required in -lieu park fee for a half -acre park. The reduction in park in -lieu fees would allow the Applicant to contribute to the overall fund for parks in the Airport Area, while providing identifiable cost reduction that make the provision of affordable units feasible. 4. In addition to the density bonus units and qualified concessions, the Project is entitled under California Government Code Section 65915(e), Section 20.32.080 of the NBMC, and recent caselaw to receive waivers or reductions of development standards where application of the development standard would physically preclude construction of a density bonus project. In this case, the following development standards are entitled to a waiver: a. Park dedication requirement. General Plan Land Use Policy LU 6.15.13 requires a public park equal to 8% of the gross land area of the development, or a minimum one-half acre, whichever is greater, be provided. In this case, the 2.49-acre Project site is too small to feasibly accommodate a half -acre park. b. Residential density. General Plan Land Use Policy LU 6.15.7 and PC-1 1 requires residential density between 30-50 dwelling units per acre. Inclusive of only the conversion units, the proposed density of 55.8 dwelling units per acre would exceed the maximum density of 50 dwelling units per acre. Including the proposed GPA units, conversion units, and density bonus units, the Project would not comply at a density of 113 dwelling units per acre and a waiver is necessary to implement the project. c. Building height. The Newport Place Planned Community (PC-1 1) limits building height to 55 feet from established grade. In this case, a higher building height is necessary to accommodate 282 residential units within seven stories. The Project is anticipated to have a height of 100 feet from established grade. 01-17-23 12-57 DocuSign Envelope ID: 958E5150-F6B7-46B2-95DA-1 6F4273EI 39C Planning Commission Resolution No. PC2024-008 Paae 13 of 24 Traffic Stud In accordance with Section 15.40.030 (Standards for Approval -Findings -Exemptions) of the NBMC, the following findings and facts in support of such findings are set forth: Finding: A. That a traffic study for the project has been prepared in compliance with this chapter and Appendix A. Fact in Support of Finding: A traffic study, entitled 1600 Dove Street Residences Revised Traffic Impact Analysis, prepared by Ganddini Group, Inc., dated August 14, 2023, was prepared for the Project in compliance with Municipal Code Chapter 15.40 (Traffic Phasing Ordinance) and Appendix A of the NBMC. Finding: B. That, based on the weight of the evidence in the administrative record, including the traffic study, one of the findings for approval in subsection 15.40.030(B) can be made: Construction of the project will be completed within 60 months of project approval in accordance with Section 15.40.030(B)(1) of the NBMC. ii. Additionally, the project will neither cause nor make worse an unsatisfactory level of traffic service at any impacted intersection in accordance with Section 15.40.030(B)(1)(a) of the NBMC. Facts in Support of Finding: 1. Based on the weight of the evidence in the administrative record, including the Traffic Study, and the conditions of approval, all of the findings for approval in Section 15.40.030(B)(1)(a) can be made in that: a. The Project is anticipated to be completed by the end of 2029, within the 60-month criteria. Therefore, the Traffic Study addresses the entire project development. b. The Traffic Study provides an evaluation of morning and evening peak hours at 14 existing intersections that are located in the City and the adjoining City of Irvine. c. The Project is projected to generate an additional (i.e. net increase of) 622 daily trips, including 12 peak a.m. trips and 22 peak p.m. trips. When these trips distributed to these studied intersections, the analysis concludes that there is no significant impact as the Project will neither cause nor make worse an unsatisfactory level of service at any impacted primary intersection, and all intersections are forecasted to continue to operate at acceptable Levels of Service. 01-17-23 12-58 DocuSign Envelope ID: 958E5150-F6B7-46B2-95DA-1 6F4273EI 39C Planning Commission Resolution No. PC2024-008 Paae 14 of 24 Finding: C. That the project proponent has agreed to make or fund the improvements, or make the contributions, that are necessary to make the findings for approval and to comply with all conditions of approval. Fact in Support of Finding: No improvements or mitigation are necessary because implementation of the Project will neither cause nor make worse an unsatisfactory level of traffic service at any impacted primary intersection within the City of Newport Beach. The Applicant will be required to pay any applicable Traffic Fair Share fees for the net increase in vehicles trips, which will be used to fund future planned improvements to the City's circulation system. The Applicant will also be subject to the payment of San Joaquin Hills Transportation Corridor Fees. Development Agreement In accordance with Section 15.45.020(A)(2)(a) (Development Agreement Required) of the NBMC, a development agreement is required as the Project requires an amendment to the General Plan that includes the development of more than 50 residential units. In this case the Project has a total of 188 base residential units. The proposed development agreement satisfies the requirements of Chapter 15.45 (Development Agreements) of the NBMC as follows: 1 . A development agreement is requested by the Applicant, as the Project would include a base density of 139 units and 49 units from the requested General Plan Amendment. The development agreement includes all the mandatory elements including a term of 10 years and public benefits that are appropriate to support conveying the vested development rights consistent with the City's General Plan, the NBMC, and Government Code Sections 65864 et seq. 2. Public benefits include the payment of a public safety fee to satisfy any obligation the Project could have to provide new emergency response services or Fire Department equipment to serve the Airport Area whether a Community Facilities District is formed or not. The Applicant has also agreed to pay a park fee to support the provisions of new parks in the Airport Area and a separate public benefit fee to be used by the City Council as it deems appropriate. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: The Planning Commission of the City of Newport Beach hereby recommends the following to the City Council: 01-17-23 12-59 DocuSign Envelope ID: 958E5150-F6B7-46B2-95DA-1 6F4273EI 39C Planning Commission Resolution No. PC2024-008 Paae 15 of 24 1 . Adopt Environmental Impact Report Addendum No. 9 to the 2006 General Plan Update EIR (SCH2006011119), as depicted in Exhibit "B" which is attached hereto and incorporated by reference; 2. Approve General Plan Amendment as depicted in Exhibit "C" which is attached hereto and incorporated by reference; 3. Approve Affordable Housing Implementation Plan as depicted in Exhibit "D" which is attached hereto and incorporated by reference; 4. Approve Development Agreement, as depicted in Exhibit "E" which is attached hereto and incorporated by reference; and 5. Approve Traffic Study, as depicted in Exhibit "F" which is attached hereto and incorporated by reference. PASSED, APPROVED, AND ADOPTED THIS 23rd DAY OF MAY, 2024. AYES: Barto, Ellmore, Langford, Rosene NOES: Salene RECUSED: Harris ABSENT: Lowrey BY: Curtis Ellmore, Chair BY: T�isfxv' RAMS Tristan Harris, Secretary Attachment(s): Exhibit A - Legal Description Exhibit B - Addendum No. 9 to the 2006 General Plan Update EIR (SCH NO. 2006011119) Exhibit C - General Plan Amendment 1:0 11101ULDIM-111MMI11% Exhibit E - Development Agreement Exhibit F - Traffic Study Exhibit G - Conditions of Approval 01-17-23 12-60 DocuSign Envelope ID: 958E5150-F6B7-46B2-95DA-16F4273El39C Planning Commission Resolution No. PC2024-008 Paae 16 of 24 Exhibit A Legal Description THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF NEWPORT BEACH, IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: LOT 3 OF TRACT NO. 7770, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 299, PAGES 15 AND 16 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA. EXCEPTING THEREFROM THE FULL RIGHTS AND ALL MINERALS, PETROLEUM, GAS AND OTHER HYDROCARBON SUBSTANCES EXISTING BELOW 500 FEET FROM THE SURFACE OF SAID REAL PROPERTY DESCRIBED ABOVE; PROVIDED, HOWEVER, THAT GRANTOR HEREBY EXPRESSLY WAIVES THE RIGHT TO ENTER UPON THE SURFACE OF SAID REAL PROPERTY OR THE PURPOSE OF EXPLORING FOR, OR PRODUCING THE MINERALS, PETROLEUM, GAS AND OTHER HYDROCARBON SUBSTANCES AS RESERVED BY DEED RECORDED IN BOOK 10328, PAGE 506 OF OFFICIAL RECORDS. 01-17-23 12-61 DocuSign Envelope ID: 958E5150-F6B7-46B2-95DA-1 6F4273EI 39C Planning Commission Resolution No. PC2024-008 Pacle 17 of 24 Exhibit B Addendum No. 9 to the 2006 General Plan Update EIR (SCH NO. 2006011119) Available separately due to bulk at: www.newportbeachca.gov/cega 01-17-23 12-62 DocuSign Envelope ID: 958E5150-F6B7-46B2-95DA-1 6F4273EI 39C Planning Commission Resolution No. PC2024-008 Pacle 18 of 24 Exhibit C General Plan Amendment 01-17-23 12-63 DocuSign Envelope ID: 958E5150-F6B7-46B2-95DA-1 6F4273EI 39C Planning Commission Resolution No. PC2024-008 Pacle 19 of 24 Exhibit D AHIP 01-17-23 12-64 DocuSign Envelope ID: 958E5150-F6B7-46B2-95DA-1 6F4273EI 39C Planning Commission Resolution No. PC2024-008 Pacle 20 of 24 Exhibit E Development Agreement 01-17-23 12-65 DocuSign Envelope ID: 958E5150-F6B7-46B2-95DA-1 6F4273EI 39C Planning Commission Resolution No. PC2024-008 Paae 21 of 24 Exhibit F Traffic Study 01-17-23 12-66 DocuSign Envelope ID: 958E5150-F6B7-46B2-95DA-1 6F4273EI 39C Planning Commission Resolution No. PC2024-008 Paae 22 of 24 Exhibit G CONDITIONS OF APPROVAL (Project -specific conditions are in italics) Planning Division The development shall be in substantial conformance with the approved Residences at 1600 Dove Street Affordable Housing Implementation Plan and Density Bonus Application datedApril 22, 2024 (except as modified by applicable conditions of approval). 2. Prior to the issuance of building permits, the applicant shall obtain all applicable discretionary permits (e.g. Site Development Review). The Applicant shall comply with all conditions of approval for said discretionary permits. 3. 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. 4. The Approval of the Affordable Housing Implementation Plan granted under PA2022- 0297 shall expire unless exercised within twenty-four (24) months from the date of approval as specified in Section 20.54.060 of the Newport Beach Municipal Code ("NBMC'), unless an extension is otherwise granted by the City for a period of time provided for in the Development Agreement pursuant to California Government Code Section 66452.06(a). 5. The proposed residential development shall consist of 282 apartment units, inclusive of 188 base units (conversion and GPA units) and 94 density bonus units. 6. A minimum of 28 apartment units shall be made affordable to very -low-income households consistent with the approved Residences at 1600 Dove Street Affordable Housing Implementation Plan and Density Bonus Application dated April 22, 2024. 7. 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. 8. The Applicant shall comply with all provisions of the Development Agreement including payment and timing of the public benefit fees. 9. A qualified monitor from the Gabrieleno Band of Mission Indians - Kizh Nation, shall be retained and compensated as a Native American Monitor for the project site prior to the 01-17-23 12-67 DocuSign Envelope ID: 958E5150-F6B7-46B2-95DA-1 6F4273EI 39C Planning Commission Resolution No. PC2024-008 Paae 23 of 24 commencement of any ground -disturbing activity to the completion of ground disturbing activities to monitor grading and excavation activities. 10. The monitor shall be retained prior to the commencement of any "ground -disturbing activity" for the subject project. "Ground -disturbing activity" shall include any demolition that includes subterranean impacts, mass grading, and excavation. The monitor is expected to accommodate the construction schedule provided by the Applicant. The Applicant shall make a good faith effort to notify the monitor of any changes to the construction schedule at least 24 hours in advance. 11. 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. 12. The monitor 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 provided to the project applicantllead agency upon written request to the monitors. 13. On -site tribal monitoring shall conclude upon the earlier of the following: (1) written confirmation to the consulting tribe from a designated point of contact for the project applicantllead 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 tribe to the project applicantllead agency that no future, planned construction activity andlor development1construction phase at the project site possesses the potential to impact TCRs of the consulting tribe. 14. Upon discovery of any TCRs, all construction activities in the immediate vicinity of the discovery shall cease (i.e., within the surrounding 25 feet) and shall not resume until the discovered TCR has been fully assessed by the monitor andlor archaeologist. The monitor will recover and retain all discovered TCRs in the form andlor manner the tribe deems appropriate, in the tribe's sole discretion in coordination with the applicant, and for any purpose the tribe deems appropriate, including for educational, cultural andlor historic purposes. 15. 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. 01-17-23 12-68 DocuSign Envelope ID: 958E5150-F6B7-46B2-95DA-1 6F4273EI 39C Planning Commission Resolution No. PC2024-008 Pacle 24 of 24 16. If Native American human remains andlor 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. 17. Human remains and gravelburial goods shall be treated alike per California Public Resources Code section 5097.98(d)(1) and (2). 18.Preservation in place (i.e., avoidance) is the preferred manner of treatment for discovered human remains andlor burial goods. 19. Any discovery of human remainsIburial goods shall be kept confidential to prevent further disturbance. 20. A copy of the Resolution, including conditions of approval Exhibit "A" shall be incorporated into the Building Division and field sets of plans before issuance of the building permits. 21.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 leasing agent. 22.To the fullest extent permitted by law, the applicant shall indemnify, defend and hold harmless the City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any 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 the Residences at 1600 Dove Street including, but not limited to, General Plan Amendment, Affordable Housing Implementation Plan, Development Agreement, Addendum to the 2006 General Plan Update Program Environmental Impact Report, and Traffic Study, (PA2022-0297). This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorney's fees, and other expenses incurred in connection with such claim, action, causes of action, suit, or proceeding whether incurred by the applicant, City, and/or the parties initiating or bringing the such proceeding. The applicant shall indemnify the City for all the City's costs, attorneys' fees, and damages that which City incurs in enforcing the indemnification provisions outlined in this condition. The applicant shall pay to the City upon demand any amount owed to the City under the indemnification requirements prescribed in this condition. 01-17-23 12-69 Attachment E June 20, 2024 ALUC Staff Report 12-70 /1" AiRPORT LAND USE COMMISSION OR !��r F 0 R ORANGE COUNTY y 3160 Airway Avenue - Costa Mesa, California 92626 - 949,252.5170 fax: 949.252.6012 AGENDA ITEM 2 June 20, 2024 TO- Commissioners/Alternates FROM: Julie Fitch, Interim Executive Officer SUBJECT: The Residences at 1600 Dove Street - City of Newport Beach General Plan (Land Use) Amendment Background In June 2012, your Commission reviewed City of Newport Beach amendment to the Newport Place Planned Communi ty (P C - I I ) for consistency with the A it -port Environs Land Use Plan ' for John Wayne Airport (AEL UP jbr JWA). The Amendment allowed residential development for certain parcels within the Newport Place Planned Community by adding the Mixed -Use Overlay (MU-H2). In September 2021, the City submitted its 2021-2029 Housing Element Update to the Airport Land Use Commission for Orange County (AL-UC) for a consistency review. Your Commission found it to be inconsistent with the AELUP,for JWA due to noise, safety, and I and - use incompatibility issues. The City overruled ALUC's determination in February 2022, and adopted the Housing Element in September 2022. In July 2023, the City submitted an amendment to the Newport Place Planned Community reducing the minimum percentage of affordable residential units fiom thirty percent to fifteen percent. The Commission found both Newport Place Planned Community amendments consistent with the AELUP.for JWA, however, the Commission required that no residential uses be located within the 65 CNEL noise contour for John Wayne Airport as currently required in the Newport Place PC, and that any future changes to the Newport Place Planned Community be brought back to the ALUC for review. In August 2023, the City submitted Housing Element Implementation — Noise Related Amendments to your Cominission. The submittal included amendments to the Newport Place Planned Community, Newport Airport Village Planned Community, Noise Element, Land Use Element and Zoning Code to allow residential units in the 65 CNEL contour. In addition, the City adopted the noise contours from the 2014 Settlement Agreement Amendment EIR 617, 12-71 Agenda Item 2 — 1600 Dove Street Newport Beach June 20, 2024 Page 2 which are smaller than the 1985 CNEL contours adopted by ALUC and incorporated in the AEL UP for JWA. Your Commission found the Noise -Related Amendments to be inconsistent with the AELUP, and the City overruled ALUC in November 2023. Proposed Project The 2.49-acre project site at 1600 Dove Street, is located within the Residential Overlay zone of Newport Place Planned Community (PC- 11) and currently improved with one 4-story, 60,675- square-foot office building and a surface parking lot. The proposed project is a 7-story, podium style apartment building consisting of 282 dwelling units, 28 of which are affordable to very -low income households. The project has been submitted to the Airport Land Use Commission for review because the site is located within the Notification Area for John Wayne Airport and a General Plan Amendment is proposed. See Attachment I for project location. No changes to the underlying land use designation or zoning district are proposed. The project site was included in the Housing Element Update and identified as Site 80 (See Attachment 2). The property has primary frontage on Dove Street and is adjacent to the Newport Crossings Residential Project. It is bordered by Martingale Way to the north, Dolphin -Striker Way to the south, and an existing commercial development to the east. It is designated as MU- H2 in the City's General Plan and is currently improved with one 4-story, 60,675-square-foot office building and a surface parking lot. The project site is in the Newport Beach "Airport Area" and the MU-H2 designation allows a maximum of 2,200 residential units as replacement of existing office, retail, and/or industrial uses at a maximum density of 50 units per net acre. Density bonuses allowed by the state density bonus law (Government Code Section 65915) would be over and above the 2,200 unit maximum. The current MU-H2 designation for the site would allow for 139 residential base units plus density bonus units. The City is proposing an amendment to Anomaly 12 of the General Plan Table LU2 to increase the number of dwelling units allocated to the project site by 49 dwelling units, for a total of 188 base units. With the density bonus of 50%, the project would be allowed a new maximum of 282 total units. The City of Newport Beach has conducted and scheduled the following public hearings for the proposed project: May 23, 2024 Planning Commission (recommended approval) July 9, 2024 City Council JWA AELUP Issues Re,garding Aircraft Noise Impacts The project is located within the 60 dBA CNEL contour for JWA (See Attachment 3). The AELUPfor JWA indicates that residences in the 60 dBA CNEL are "normally consistent." The City's Newport Place Planned Community Development Plan contains policies requiring that notice of aircraft overflight and noise be posted at all public parks and designated outdoor 12-72 Agenda Item 2 — 1600 Dove Street Newport Beach June 20, 2024 Page 3 common and recreational areas, and that notice be provided to all future residents to inform of potential annoyances or inconveniences associated with residing in proximity to airport operations such as noise, vibration, and odors. Regarding Height Restrictions The proposed height of the structure is tOO feet above ground level (approximately 154 feet above mean sea level), where the maximum height of PC-tl's Residential Overlay is 55 feet above ground level, The proposed project is within the Horizontal Surface of the Federal Aviation Regulation (FAR) Part 77 Obstruction Imaginary Surfaces for JWA (See Attachment 4). The City's maximum building height for projects within the residential overlay is currently 55 feet above ground level. Through development -standard incentives the project would be allowed to reach 154 feet AMSL. With a site elevation of approximately 54 feet above mean sea level (AMSL), projects developed at a maximum height of 100 feet for a total of 154 feet AMSL, would not penetrate the obstruction imaginary surface of 206 feet AMSL. The City has obtained an FAA Determination of No Hazard to Air Navigation dated October 24, 2023. (Attachment 5). As stated in Section 2.2.1 of the,4ELUPfor JW,4, "the FAA aeronautical studies are concerned only with airspace hazards, not with hazards to people and property on the ground. An FAA determination of "no hazard" says nothing about whether proposed construction is compatible with airport activity in terms of safety and noise." See Attachment 6 for a list and satellite image that the City submitted showing the surrounding heights of buildings within a 1000' radius. Regarding Flight Tracks and Safety Zones The project site is located within Safety Zone 6 — Traffic Pattern Zone (See Attachment 7). According to the California Airport Land Use Planning Handbook, noise and overflight should be considered in Safety Zone 6. Flight tracks were provided by the John Wayne Airport Noise Office for a Tuesday, Thursday, and Saturday in May 2024, which are color coded based on aircraft elevation. As shown in Attachment 8, there are numerous flights near the project site at an elevation of 500-1,000 feet, which could subject future residents to excessive noise and safety issues both indoors and outdoors. Heliports No heliports are proposed as part of this project. Environmental Complianc In the May 23, 2024, staff report to the Planning Commission the City states, "...the project will not result in any new significant impacts that were not previously analyzed in the PEIR for the General Plan 2006 Update (SCH No. 2006011119) or the Housing Element Initial Study/Negative Declaration. All potential impacts associated with this Project would either be the same or less than those described in either the PEIR or Negative Declaration that have been 12-73 Agenda Item 2 — 1600 Dove Street Newport Beach June 20, 2024 Page 4 appropriately mitigated. In addition, there Eire 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 Residences at 1600 Dove Street (PA2022-0297) the PEIR, nor has any new information regarding the potential for new or more severe significant envirorimental. impacts been identified. Therefore, in accordance with Section 15164 of the CEQA Guidelines, an addendum to the previously adopted PEIR is the appropriate environmental document for the project." Conclusion Attachment 9 contains excerpts from the City of Newport Beach submittal for this project. ALUC staff has reviewed this project with respect to compliance with the AELUP.fo;- MA, including review of noise, height restrictions, overflight and imaginary surfaces, The recommendation below is based on the project allowing for a significant increase of residential intensity in the 60 dBA CNEL for JWA, in Safety Zone 6 where there are numerous daily flights, and an increased building height in close proximity to John Wayne Airport. Recommendation That the Commission find the proposed Residences at 1600 - City of Newport Beach General Plan Amendment inconsistent with the AELUPfor JWA per: 1. Section 2. 1.1 Aircraft Noise that the "aircraft noise emanating fi-orn airports may be incompatible with general welfare of the inhabitants within the vicinity of an airport." 2. Section 2.1.2 Safety Compatibility Zones in which "the purpose of these zones is to support the continued use and operation of an airport by establishing compatibility and safety standards to promote air navigational safety and to reduce potential safety hazards for persons living, working or recreating near JWA." 3. 3.2.1 General Policy (in pertinent part): "Within the boundaries of the AELUP, any land use may be found to be Inconsistent with the AELUP which; (1) Places people so that they are affected adversely by aircraft noise, [or] (2) Concentrates people in. areas susceptible to aircraft accidents..." Respectfully submitted, Julie Fitch Interim Executive Officer 12-74 Agenda Item 2 — 1600 Dove Street Newport Beach June 20, 2024 Page 5 Attachments: 1. Project Location in JWA Notification Area 2. Housing Element Location and Table 3. Project Location within JWA Noise Contour 4. JWA Obstruction Imaginary Surfaces 5. FAA Determination of No Hazard 6. Existing Building Heights within 1000' of Project 7. JWA Safety Zones 8. Flight Track Exhibits 9. Excerpts from City Submittal 12-75 a I I KI Iry - -1 :X, 4�,ANOMALY ST ANOMALY GM 5 mu�142 1�0 ANOMAI.Y ANOMALY Aq 10 3 0 P MU-H2 ANOMALY > MU-H2 -4� 9 0 Mu-H2 '01 mU442 RMA A�N 0 LY '0 9 'e� 4 12 0 CIO 2.1 MU-H2 0. NOMALY MU-H2 MU-H2 P NEW CE IDIR 0 ANOMALY ANDIVIALY 14 ANOMALY MLJ-H2 MU-V12 15 ANOMALY 0 Z CId MU-H2 ANOM LY lip 41& N is Disclaimer. N E W P 0 R T B E A C H Every reasonable effort has been made to assure the a ccu racy of the d a ta p rovid ad, howeve r, The C ity of Newport Beach and its employees and agents 0 417 833 disclaim any and all responsibility from or relating to any results obtained in its use. 0 X 4$FO Feet 5113/2024 12-77 City of Newport 2021-2029 HOUSING Beach ELEMENT Figure B-3: Airport Area Environs — Sites Inventory Appendix B: Sites Analysis (September 2022 Final Housing Element) CN Site lnvenlor� z Airport Area Envi Li LEGEND City Bou nda Tv < 5th Cycle Site5 Pipeline Projert5 Oppo rtun i ty 5 i te S Site 80 - 1600 Dove (HighlFghtedbyALUC) Key Map -h AEEEEEL::�Feet NORTH () 500 B-28 12-78 City of Newport Beach 2021-2029 HOUSING ELEMENT Ta ble 8 - 12: At rip ort Area Sites I riven tory Density (OulAc) Assumed Net Unit Parcel Existing Existing General Sth Existing Gross Buildable "CO Potential Rezoned Assumed yield Exi 5fing Use an d E xpl oration of tetter Focus Inventory/ Existing Rezoned Low/ Number Owner zoning Plan Vacancy Cycle Units Acreage Acreage Sizing Unit Net Yield Propensity Interest ? Area Map ID Land Use site? criteria? Zone Density YWd Very Mod Above Density (Assumed� LOW Mod Sibs Cove! This parcel contai ns office space for an Airport 42722110 Street PC MU-H2 No 0 1.71 1.71 Yes 0 50 85 85 �6 9 so arch Itectura I firm and is Identified as a s i te Area 75 Partners for portenti at housing. Hankey Th Is pa rcel contai ns office space fo r a Airport 427 �21 11 Investment PC mu_R� No 0 1.52 1.52 Yes 0 50 76 76 21 8 45 manufacturing company and is identified Area 76 Company a$ a lite for potential housing. This parcel has a two-levd parking structure for a m u It i -story office structure 42722106 Dove Owner PC mu.H2 No 0 3.59 3.59 Y05 D 50 179 179 �4 is 107 that could be re-wGrked to add housing. Airport 77 Ag The owner of this parcel should be Area advised that the addition of housing m Ight be possible, J flay The current owner of the property has 427174136 Macarthur PC MO-H2 No 0 0.04 0.94 Yes 0 50 47 47 1.4 5 28 expressed to City staff written 1 nteres t to Airport 79 Sanderson a I low housi n Area Th is pa rcel s hares a parking lot with pa rcel 72, The two build i rigs on th Is pa rcel are newer, vi nta ge com m ercial b uddl ngs, a ntJ 42723107 "eway PC MIJ-H2 No 0 1.10 1.10 Yes Q so 55 55 17 6 32 due to the existing use, identified as a Y Airport 79 Real Estate potential source for housing development- Area The Current owner of the pro perty has expressed to City staffwritten interest to t a tlow housIng. This pamel is a tommerdal retail buliding G5 I&W Dove operated by national food and beverage Airport 42716103 LLC PC MU-H2 No 0 2.49 2.49 Yes 0 50 124 12.4 37 12 75 companiesand likely to he housing sites 1 Area 80 combined with neighborIng sites. This parcel Is ark oddly shaped parcel that wou 16 not be able to effir i e ritly be Feb Dovi� planned as separate housing projects. The Airport 42722109 Street PC MU-H2 No 0 1.51 1.2 Yes 0 so 7S 75 23 a 44 City wi I I work with the owner to Area 81 Partners e nco a rage hous i ng d evelopment with I adjacent parcels nearby. The current owner of the property has 427 22102 Westerly Ow- I PC. CC-G No I 0 IT1,1 46 Yes 1) 50 72 72 22 7 43 expressed to City staff written interest to V Airport 8� AberdLen I I 1 , a I low housJrLg. Area Apper, dix 6; Sites Analysis I Septem ber 20 2 2 Final Ho usi ng Elem entl B-35 12-79 75 dB 70 dB CNEL 65 dB GNEL CNEL60dB CNEL A e- %L A > 0 Vc T OR % 14*-p O'� 4- <�� lbe Legend City Boundary New Housing Sites 7 75 dB CNEL 3�' 70 dB CNEL 4L 65 dB CNEL 60 dB CNEL L.6— 1600 Dove (FFqhUghl&dbyALUC) Housina Sites Inventory (PA201 7-14 1 NEGIS o,wpna Aral$ City gf Ne-port Beach JWA CNEL Noise Contours GIs Oi�isiq� August 31, 2021 F, i IN Ml 14 i In 111, 1.flq FlIg 1111111V EMSE [IN FMI ..... . 11! lZINEII F-It-I Mol .91 PF dMI t"ll ;NLG1. L V, 0 1 1801 Dme St 68 2 190 1 0cm#e St 72 3 4220 Birch ST 64 4 a 100 BOO St 54 a — 4121 We�lerly Fl. 6 4101 Weswly Pt 62 7 4029 Wesloly Pt 8 d1OS We ste rly P1 11 9 4020 RIVCh Sl 72 10 do(] I We Ste rty P1 S4 11 1601 Dove 51 89 12 4000 WeVeily P1 39 13 3990 westeq P1 aB 14 1401 Dove St 145 is 1375 Dove S1 205 16 131)1 Dove St 202 17 13N OQVR st 100 is 4041 MacArthur Blvd 120 19 4100 Newpprl Place Dr ISE, 20 -1101 M acAnhur Blvd 75 21 4 IAI M aCAnhUF Stvd 1.02 22 4221 Dolphin StnkerWay 70 23 4225 Mw-knhur Otyd 70 24 4241 M a cAnhur 3Wd 72 26 4251 Ma;AnhVF BjVd 78 26 4299 M acAFthUF BlVd 92 27 4301 Martirlals OF 86 28 4,U I MacArthuF Blvd 81) 29 4343 M acArLhur iNvd 74 30 18,01 Cu rmthian Way 74 31 4200 64ch ST 65 32 4 100 H acAFkhUF BlVCJ 9B 33 4110 MacArthur Blvd 80 4343 Von Kalman Awe 96 4400 MwAfthwr Blvet leg ki, 4590 KackthUF BlVd 90 4545 MacAffhur Blvd 70 Z m Un or a VA j, VK .4,-, 15, k_1 L6V Path Pnty� Cj� 30 mth 3D P*Zn 36 M�A tha cr�farenm 6y m v of a orde � tt* aro" 31 27 el 72.�?S A�� C,,241.CA F"t 26 t ow Ea'. Q.. lk -1 34 g 7 23 iL N 10 -12 1b. fo v 44, IN, gum. 7 T, if A A, l., I - 12-83 Mail Processing Center Obstruction Evaluation Group Fedei al Aviation Administration Southwest Regional Office 10 10 1 Hil lwood Parkway Fort Worth, TX 76177 Issued Date: 10/24/2023 Satish Lion The Piceme Group 5000 Birch St. Ste, 600 Newport Beach, CA 92660 Aeronautical Study No. 2023-AWP-15339-OE ** DETERMINATION OF NO HAZARD TO AIR NAVIGATION ** The Federal Aviation Administration has conducted an aeronautical study under the provisions of 49 U.S.C.1 Section 44718 and ifapplicable Title 14 of the Code of Federal Regulations, part 77, concerning-. Structure: Building Residences at 1600 Dove Street Location: Newport Beach, CA Latitude: 33-39-51.44N NAD 83 Longitude: 117-51-54.28W Heights: 54 feet site elevation (SE) 100 feet above ground level (AGL) 154 feet above mean sea level (AMSL) This aeronautical study revealed that the structure does not exceed obstruction standards and would not be a hazard to air navigation provided the following condition(s), if any, is(are) met-, It is required that FAA Form 7460-2, Notice of Actual Construction or Alteration, be e-filed any time the project is abandoned or: At least tO days prior to start of construction (7460-2, Part 1) X— Within 5 days after the construction reaches its greatest height (7460-2, Part 2) Based on this evaluation, marking and tighting are not necessary for aviation safety. However, if marking/ lighting are accomplished on a voluntary basis, we recommend it be installed in accordance with FAA Advisoly circular 70/7460-1 M, The structure considered under this study lies in proximity to an airport and occupants may be subjected to noise from aircraft operating to and from the airport. This determination expires on 04/24/2025 unless: (a) the construction is started (not necessarily completed) and FAA Form 7460-2, Notice of Actual Construction or Alteration, is received by this office. (b) extended, revised, or terminated by the issuing office. ATTACHMENT 6 Page I of 4 12-84 (c) the construction is subject to the licensing authority of the Federal Communications Commission (FCC) and an application for a construction permit has been filed, as required by the FCC, within 6 months of the date of this determination. In such case, the determination expires on the date prescribed by the FCC for completion of construction, or the date the FCC denies the application. NOTE: REQUEST FOR EXTENSION OF THE EFFECTIVE PERIOD OF THIS DETERMINATION MUST BE E-FILED AT LEAST 15 DAYS PRIOR TO THE EXPIRATION DATE, AFTER RE-EVALUATION OF CURRENT OPERATIONS IN THE AREA OF THE STRUCTURE TO DETERMINE THAT NO SIGNIFICANT AERONAUTICAL CHANGES HAVE OCCURRED, YOUR DETERMINATION MAY BE ELIGIBLE FOR ONE EXTENSION OF THE EFFECTIVE PERIOD, This determination is based, in part, on the foregoing description which includes specific coordinates, heights, frequency(ies) and power. Any changes in coordinates, heights, and frequencies or use of greater power, except those frequencies specified in the Colo Void Clause Coalition; Antenna System Co -Location; Voluntary Best Practices, will void this determination. Any future construction or alteration, including increase to heights, power, or the addition of other transmitters, requires separate notice to the FAA.This determination includes all previously filed frequencies and power for this structure. If construction or alteration is dismantled or destroyed, you must submit notice to the FAA within 5 days after the construction or alteration is dismantled or destroyed. This determination does include temporary construction equipment such as cranes, derricks, etc., which may be used during actual construction of the structure. However, this equipment shall not exceed the overall heights as indicated above. Equipment which has a height greater than the studied structure requires separate notice to the FAA. This determination concerns the effect of this structure on the safe and efficient use of navigable airspace by aircraft and does not relieve the sponsor of compliance responsibilities relating to any law, ordinance, or regulation of any Federal, State, or local government body. If we can be of further assistance, please contact our office at (847) 294-7575, or vivian.vilaro@faa.gov. On any future correspondence concerning this matter, please refer to Aeronautical Study Number 2023-AWP-1 5339- OE. Signature Control No: 600626941-602785189 Vivian Vilaro, Specialist Attachment(s) Map(s) Page 2 of 4 (DNE) 12-85 TOPO Map for ASN 2023-AWP-15339-OE Coll CCU. 1, iiqport -,n c ark- 10 �'t A.�rwuy P Pai,k Plzice V-4 Hc .4?e S7 Or" Ip U Cf Calif it a Heights a all -L)i ll --77f Page 3 of 4 12-86 Sectional Map for ASN 2023-AWP-15339-OE lmw� I I J - k- 44 47 0c)) OS.XAF (SLI) 25 - bhj� s 08 ,8 25 . 5 -*�, 0 75-379-975 0HNjWAYNE/'-dk­. SA L 80J RANGQcbUNTY (SNA) 19!9*/126.8*0 122�45 TlSjl2!6.0 -SANTA A_N� F�_C, L 57, 1,122-9 I __ 1,nn IS d - n t Page 4 of 4 L4 SIGNAL 35 PEAK , IRVINt. PU �AKE . %s A 'A CAuTiEN7u ,EATABL 0 117. �TC,SU ON \1 24.' A GU N A\m I V11 LLS (j 12-87 h 9ZI 0 rim 411 , ral ECT SFFE 1600 DOVE STREET NEWPORTSEACH John Wayne Airport Safety Zone Reference Map LEGEND SAFETY COMPATIBILITY ZONES FOR RUNWAY 2L 2OR MEDIUM = GENERAL AVIATION RUNWAYAS DESCF41EWO IN THE CALAORNLk AIRPORT 1. RUNWAY PROTECTION ZONE LAND USE PLANNING HANDBOOK, JANUARY 2002 EDMON) SAFETY OOMPATIBILITY ZONES FOR RUNWAY 2R & 20L SHORT F CA� 2. INNER APPROACH /DEPARTURE ZONE GENERAL AVIATION RUNWAY AS OESCRISED 1N TH _ IFORNIA AIRPORT 3, INN�R TURNING ZONE LAND USE PLANNING HANDBOOK. JANUARY 2002 EDffION) 4. OUTEA APPROACH /DEPARTURE ZONE CERTIFICATION 4 5, SIDEUNE ZONE r, TRAFFIC PATTERN ZONE kn for Orange County m — w m ATTACHMENT 7 Date 12-88 AELUP - 20071 jwastzoner f - 160ODove—NewportBlvd.dg JOHN WAYNE AIRPORT OPANGE COUNTY '1170v John Wayne Airport Access & Noise Office EMU rM 11 VAL. Iv.9 1. 41 IV .3 A 10 4 _404. 4 0- _00 ;rAf 7- IL j.j jr A7 05 ME VIM to ­7 v 9 K's 'Mr., j ;N 4 l RS;41% Z 4o so 4� 4. _1 4 Moaj ft P Will "411 4� Of b� ik, 4 xv. r . . vj Ilk jp P P/ 4F �,4 Ix A A K. tip V � WN C, J1 19 r F).4 ---- IE4 f All I ra wl� e" w, w- L , V., . 1 . _t�. 11 1 P SlItT4 a.-;". 113 E .40 14 N 01,* A r A. PO 19 . L Source: John Wayne Airport, Orange Co nt . WPM.; ~ g, Qr-, JOHNVVAYNE AIRPORT oPAwusCouwTv John Wayne Airport Access & Noise Office JOHN WAYNE AIRPORT OPANGE COUNTY John Wayne Airport Access & Noise 0ffice wo,:yl A. iin 7 4' - IN 01 4z, w� J1 J-";, 71 r A Y e I jet*" 4j* 1,4 14 All* Z. f Iftw r &L 41 w A? 4­ lar I 4'- 4%. -�* .41 �z m moltv, Aim, 7c Z 7 J. . �% V 4r4 r7 Aglwi"70 4 Jr V4. fi, gi, 40 OA 41 A E F, S 1/j A�'f. F('( dr jiv 1 6 ep 411 I SWA.4`1141 4\, > Ne 0 F 0 May 28, 2024 Julie Fitch, Staff Planner John Wayne Airport, Orange County 3160 Airway Avenue Costa Mesa, CA 92626 CITY OF Nr'AVPr)rtT HL O,C! i 100 CNic Center Drive Ne%Nport Beach, California 92660 949 644-3200 r�ewl)ortbearhca.gov/cornrnLrn�tyd�-velf3pment RECEIVED MAY 2 8 2024 AFFORTL4ND US� CoMp4jSSION, RE� Residences at 1600 Dove Street General Plan Amendment Dear Ms. Fitch, Pursuant to Section 4.3 (Amendments to General Plans and Specific Plans [Zoning]) of the Airport Environs Land Use Plan (AELUP) for John Wayne Airport, the City of Newport Beach (City) requests that the Airpoil Land Use Commission (ALUC) review the City's proposed amendments to the City's General Plan Land Use Element for consistency with the Airport Environs Land Use Plan (AELUP) at its June 20, 2024, meeting. The proposed project is for a seven -story, podium style apartment building consisting of 282 dwelling units, 28 of which are affordable to very -low income households. A General Plan Amendment is requested to increase the base dwelling unit count by 49 units. No changes to the underlying land use designation or zoning district are proposed. The proposed height of the structure is 100 feet above ground level (elevation of approximately 154 feet above mean sea level), where the maximum height of PC-1 1's Residential Overlay is 55 feet above ground level. The Staff Report and Conditions of Approval for the May 23, 2024 Planning Commission meeting have been attached (Attachment Nos. 12 and 13). Should you have any questions concerning the preceding information, I can be reached at 949- 644-3234 or via email at [westmorelatidp_newportbeachca.go , Sincerely, Liz Westmoreland, AICP Senior Planner ATTACHMENT 9 Attachments: 1 . Submittal Forms and Checklist 2. General Plan Land Use Element Existing Map 3. General Plan Amendment (Amended Table LU2) 4. Newport Place Planned Community Existing Map 5. FAA Determination of No Hazard to Air Navigation 6. JWA Notification Area Map 7. JWA Noise Contours Map 8. City's General Plan Noise Contour Map 9. JWA Safety Zones Map 10. Obstruction Imaginary Surfaces Map 11. Surrounding Building Elevations 12. City of Newport Beach Planning Commission Staff Report (No Attachments) 13. City of Newport Beach Planning Commission Conditions of Approval 14. Noise, Height, and AELUP Consistency Analysis 15. Conceptual Plans 12-93 ORANOV COUNT AIRPORT LAND USE COMMISSION 1 AILUC FOR ORANGE COUNTY 777 SUBMITTAL FORM: GENERAL PLAN - SPECIFIC PLAN - ZONING CODE 1. Name of City or County: City of Newport Beach 2. Contact Information - Name/Title Liz Westmoreland, Senior Planner Agency: City of Newport Beach Address: 100 Civic Center Drive, Newport Beach, CA 92660 Phone/email: 949-644-3234 lwestmoreland@newportbeachca.gov 3. Airport Planning Area(s): Z John Wayne Airport El Fullerton Municipal Airport El JFTB - Los Alamitos 4. Item being submitted for review (submit each item separately): General Plan Amendment Name of General Plan Element, Specific Plan or Planned Community: Land Use Element 5. Scheduled date of Planning Commission Public Hearing: 5/23/2024 6. Tentative date of City Council/Board of Supervisors Public Hearing: 7/9/2024 7. Requested date of ALUC Review: June 15 (Complete submittals must be received by thefirst day of the month for the next meeting). 8. Does the item submitted propose a change of land use or heights within the airport Notification/Planning Area*? E] No (skip items # 9-12). FX-1 Yes (continue below). 9. Does the item propose a change of land use within the Z60 CNEL or 065 CNEL noise contours of the airport(s)*? Please attach an exhibit showing location(s) of the proposed new uses in relation to noise contours. 10. Are noise policies or mitigation measures identified in the proposed item or elsewhere in the General Plan? E] No z Yes - Please attach pages with current (and proposed if applicable) noise policies/mitigation measures highlighted. 11. Does the item submitted propose a change of land use within the Runway Protection Zone (RPZ), Clear Zone (CZ), or Airport Safety Zones of the airport*? 1:1 No Z Yes - Please attach exhibit showing location(s) of proposed uses. 12. Does the item submitted propose a change of land use within the Obstruction Imaginary Surfaces*? Z No F-1 Yes 13. Please indicate current 55 feet and proposed 100 feet maximum heights allowed. Continued on next page. 12-94 Page 2 SUBMITTAL CHECKLIST: General Plan - Specific Plan - Zoning Code • Cover letter on City/county letterhead. • Completed Submittal Form. • Link to existing attached and proposed attached General Plan Element, Specific Plan or Zoning Code for this submittal. Z Attachment showing proposed changes to General Plan Element, Specific Plan or Zoning Code Section(s) with strikethrough/underline. LX Exhibit showing location(s) of proposed new uses within the Notification Area/Planning Area for airport(s). Z Exhibit showing location(s) of proposed new uses in relation to noise contours for airport(s). 0 Exhibit showing location(s) of proposed new uses in relation to Airport Safety Zones. N Exhibit showing location(s) of proposed new uses in relation to the Obstruction Imaginary Surfaces, • Attachment showing current and proposed noise policies/mit[gation measures. • Explanation of how the General Plan, Specific Plan, or Zoning Code address the AELUP standards for noise impact, safety compatibility, and height restriction zones. Attachment No. 14 E Describe height and density changes in cover letter and attach pages of General Plan, Specific Plan and/or Zoning Code where maximum heights are specified, *For airport plannIng/notification areas, noise contours, safety zones and obstruction imaginary surfaces see Appendix D of the applicable Airport Environs Land Use Plan (AELUP) at: https://�6LWw.ocaii-.coiii/abocit/adiiiinistt-atioii/airport-goverrianceZcc)iiiiiilssions/,3ii-poi-t-laiid-Lise- commission Noise sensitive uses include but are not limited to community facilities such as: churches, libraries, schools, preschOO15, day-care centers, hospitals, and nursing/convalescent homes. Mail or Email Sub mittol Form, Checklis t and ottochmen ts to: Airport Land Use Comm ission for Orange Cc un ty, A ttn: Executive Officer, 33 60 A irwoy A venue, Costa Meso, CA 92626 / Phone: (94-9) 252-5170 ALUCinfogocoir.com 012.3 12-95 11, ANOMALY S, U.OMALY. N (0 M 86 MU H2 9 4 0 ANOMALY ANOMALY 10 ANOMALY .0 -!10 N. M AN Z 101 MU-H2 0 9 A-4 ANOMALY MU-H2 9 mU-H2 t CIO VO MU-H2 > ANOM,--- a <10 12 9 P`Q 2-1 C., MLJ-H2 NOM 'LY MU-H? ALCE MU-V12 NEW 8 I 0V ANOMALY ANOMALY 14 MU-H2 ANOMALY MU-H2 15 ANOMALY r 011 MU-142 ANOMALY 16. 7%�' NDisclaimer: N E W T 5 E A C H Every reasonable effort has been made to assure the accuracy of the data provided, however, The City of Newport Beach and its employees and agents disclaim any and all responsibility from or relatIng to 0 417 833 any results obtained in its use. io X Feet 4'C'. Q�i k W1312024 12-96 Table LL112 Anomaly Locations Anomaly Statistical Land Use Development Number Area Designation Limit (so Development Limit (Otherj Additional Information 139 dwelling units were converted from one exIsfing office building totaling 60,675 square feel consistent 12 L4 MU-H2 457,8BO 49 Dwelling Units with LIJ 6,15.5 and 49 units were added through a GPA at 1600 Uove Street (PA2022-0297) 12-97 86 P'C'� 196 196, C'&O 6, 01 19& 6 19 0 C' 6, 0 Of 0 I 0 Ln 5 3 V if PC 15, 0 M Ln < Ci 0 N 12 1L M 1 12 12 30 15, C, M 0 rM IL C PC 1 tj -% , "Ir U to 14 _PC 12 E VV; ORT OE DR M W) 14 PC U a. eb 9 15 'ZO PC 11 14 lb 0 0 IPZ� N% K4b 11921 0 ��IY9 'Q 15 CP 71T ';P N 14 15 Cb N WS Disclaimer: NE WPORT BEACH Every reasonable effort has been made to assure the accuracy of the data provided, however, The City of Newport Beach and its employees and agents 417 833 disclaim any and all responsibility from or relating to any results obtained in its use. Feet 511312024 Mail Processing Center Federal Aviation Administration Southwest Regional Office Obstruction Evaluation Group 10101 Hillwood Parkway Fort Worth, TX 76177 Issued Date: 10/24/2023 Satish Lion The Picerne Group 5000 Birch St. Ste. 600 Newport Beach, CA 92660 Aeronautical Study No. 2023-AWP-15339-OE ** DETERMINATION OF NO HAZARD TO AIR NAVIGATION ** The Federal Aviation Administration has conducted an aeronautical study under the provisions of 49 U.S.C., Section 44718 and if applicable Title 14 of the Code of Federal Regulations, part 77, concerning: Structure: Building Residences at 1600 Dove Street Location- Newport Beach, CA Latitude: 33-39-51.44N NAD 83 Longitude: 117-51-54.28W Heights: 54 feet site elevation (SE) 100 feet above ground level (AGQ 154 feet above mean sea level (A-MSL) This aeronautical study revealed that the structure does not exceed obstruction standards and would not be a hazard to air navigation provided the following condition(s), if any, is(are) met: It is required that FAA Form 7460-2, Notice of Actual Construction or Alteration, be e-filed any time the project is abandoned or: At least 10 days prior to start of construction (7460-2, Part I) —X— Within 5 days after the construction reaches its greatest height (7460-2, Part 2) Based on this evaluation, marking and lighting are not necessary for aviation safety. However, if marking/ lighting are accomplished on a voluntary basis, we recommend it be installed in accordance with FAA Advisory circular 70/7460-1 M. The structure considered under this study lies in proximity to an airport and occupants may be subjected to noise from aircraft operating to and from the air -port. This deteri-nination expires on 04/24/2025 -unless: (a) the construction is started (not necessarily completed) and FAA Form 7460-2, Notice of Actual Construction or Alteration, is received by this office. (b) extended, revised, or terminated by the issuing office. Page I of 4 12-99 (c) the construction is subject to the licensing authority of the Federal Communications Commission (FCC) and an application for a construction permit has been filed, as required by the FCC, within 6 months of the date of this determination. In such case, the determination expires on the date prescribed by the FCC for completion of construction, or the date the FCC denies the application. NOTE: REQUEST FOR EXTENS10N OF THE EFFECTIVE PERIOD OF THIS DETERMINATION MUST BE E-FILED AT LEAST 15 DAYS PRIOR TO THE EXPIRATION DATE, AFTER RE-EVALUATION OF CURRENT OPERATIONS IN THE AREA OF THE STRUCTURE TO DETERMINE THAT NO SIGNIFICANT AERONAUTICAL CHANGES HAVE OCCURRED, YOUR DETERMINATION MAY BE ELIGIBLE FOR ONE EXTENSION OF THE EFFECTIVE PERIOD. This determination is based, in part, on the foregoing description which includes specific coordinates, heights, frequency(ies) and power. Any changes in coordinates, heights, and frequencies or use of greater power, except those frequencies specified in the Colo Void Clause Coalition; Antenna System Co -Location; Voluntary Best Practices, will void this determination. Any future construction or alteration, including increase to heights, power, or the addition of other transmitters, requires separate notice to the FAA.This determination includes all previously filed frequencies and power for this structure. If construction or alteration is dismantled or destroyed, you must submit notice to the FAA within 5 days after the construction or alteration is dismantled or destroyed. This determination does include temporary construction equipment such as cranes, derricks, etc., which may be used during actual construction of the structure. However, this equipment shall not exceed the overall heights as indicated above. Equipment which has a height greater than the studied structure requires separate notice to the FAA. This determination concerns the effect of this structure on the safe and efficient use of navigable airspace by aircraft and does not relieve the sponsor of compliance responsibilities relating to any law, ordinance, or regulation of any Federal, State, or local government body. If we can be of further assistance, please contact our office at (847) 294-7575, or vivian.vilaro@faa.gov. On any future correspondence concerning this matter, please refer to Aeronautical Study Number 2023-AWP-15339- OE. Signature Control No: 600626941-602785189 (DNE) Vivian Vilaro Specialist Attachment(s) Map(s) Page 2 of 4 12-100 TOPO Map for ASN 2023-AWP-15339-OE ayn b nge f e, OWN, rp G rAL :kVI 4 Conoll Pat-k Place TO, e, ccrtt"rpo NL N IRS, /);- P-1 #4- .11." C4 CAlf-DIAW1 rr'( V A V( A a Heights ol Page 3 of 4 Sectional Map for ASN 2023-AWP-15339-OE 44 47 25 — bl& s OS-AAF (SU),� 00) -85 ?5-379-975 0 H N,,VYAY N E/ L 80J RANGtic-buNTY (SNA 000 #0 * 22.45 own -T-11.9!9*/126.8 TIS,/126.0 -SANTA'A* 56 L 57 1-22'9)� RP2 20R 'RiVERS11 54 is ill 4 �,2 C: F� R Page 4 of 4 - " .17- PLI IRVINt LAKE F�C'61' CACJT1ON7-U ) 7Ej— //-" y (D CABL 767, 1% - 117: Pr ramo towe 44 N SIGNAL 35 PEAK 1%41 4C�dNA\mi v i ILLS QD 12-102 12-103 Note: County Unincorporated areas are shown in white, John Wayne Airport Impact Zones LEGEND —60�o CNEL CC>NTOIJFI RUNWAY PROTEnON ZONE CrrY BOUNDARIES AIRPORT BOUNDARIES COMPOSRe Cuntour from John Wayne Airpoql Project Case-4990 and 2005 (see secl�or 2.2.1) CERTIFICATION Adopted by the Aparl Land Use Corn mission [of Orange Counly Kafi A. Rigoni, Eftutive Officer-4g' Date —J 12-104 12-105 I r L IN TOST ANTV --'!L ANA 4K L1�7 7 Ff- T rl F --Z Tj L J All COSTA Project Site MESA IRVINE N1. 4 T cluu N A ? John Wayne Airport Safety Zone Reference Map LEGEND SAFFrY COMPATIBILFFY ZONES FOR RUNWAY IL & 19LA MEOILU = OENERAL AMTK)N RUNWAYAS DESCRIBED IN THE 'FORNIA PMPOS7 I RUNWAY PROTE"ON ZONE LAND USE PLANNING KANDROOK,JANUARY 2002 EDITIONI SAFETY COMPATIRRI-FY ZONES FOR RLMAY IR & 19��HORT 2 INNCR APPROACH 1MPARTURE ZONE GENERAL AMATION RUNWAY AS DESCRIBED N THE F"ok MRPOM 3� ;NNEA TURNING ZONE LAND USE PLANNING HANDBOOK JANUARY M02 EDITION) oe.FN 4- CUMA APPROACH /DEF-ARTURZ ZONE CERTIFICATION 4� S. SIDEUNIF ZONE Adopted by the ArpodUnd Use Commission for0range County 5. TRAFFIC PATTERN 20ME Kardik igoni, OffIcer Did 12-106 m JJ . . 1 IBOID4west 68 2 1901 Dove SE 72 3 4 220 OINh SI 64 4 4 109 Birch St 64 5 41nWeslerlyPt 63 6 4101 Westerly Pt 62 7 4029 Wesloriy Pi 72 8 4109 We 5leFiy Pi 72 9 4020 BIrch 51 72 10 4001 We swrly R 64 11 if,01 Dove St as 12 400 0 Westerly PI so 23 3990 westafty Pt 89 IA 1401 Dma ST 1�s 15 1375 Dwe St 105 16 1301 Dma St 202 17 1300 Dow ST IGO 19 4041 MaMnhut Blvd 128 n 4100 Newpol Place Dr 185 20 4101 M acArthur Blvd 75 21 4141 MacArLhur BWd 202 22 4221 DoWhin Slake r Way 70 23 422S MacArthur Btvd 70 24 4241 MacArthur Bivd 72 25 42,51 MacAnlrur Btvd 78 26 4299 MacArtliur BIvEI 1�2 27 4301 Maningate Dr Z6 28 4341 MaCATthu r BW so 29 4343 Macklhur Blvd 74 �o VWI rgrin Mw Way 74 31 4200 Birch St 65 32 4200 MacAtthur MA 93 33 42 10 MwAnhur Myd 80 34 4343 Von Karm;i n Ave se 35 4400 MacArMur G(val 189 36 4SSO MacArthw Blvd SO 37 450 MacArlhur Blvd 70 VY �;Jr . gpja AS 12-108 CITY OF NEWPORT BEACH OL PLANNING COMMISSION STAFF REPORT SUBJECT: Residences at 1600 Dove Street (PA2022-0297) General Plan Amendment Affordable Housing Implementation Plan Traffic Study Development Agreement Environmental Impact Report Addendum SITE LOCATION: 1600 Dove Street APPLICANT: The Picerne Group OWNERS: 1600 Dove LP and GS 1600 Dove LLC May 23, 2024 Agenda Item No. 4 PLANNER: Liz Westmoreland, Senior Planner 949-644-3234, lwestmoreland(-o�newportbeachca.,qov PROJECT SUMMARY The Applicant is requesting approval of a General Plan Amendment (GPA), Affordable Housing Implementation Plan (AHIP), Traffic Study, and Development Agreement (DA) for the future development of a multi -unit residential project consisting of up to 282 dwelling units at 1600 Dove Street, in the Airport Area (Project). No specific design for the Project is included in this application. The Project would require a future Site Development Review by the Planning Commission prior to building permit issuance. RECOMMENDATION 1) Conduct a public hearing', 2) Find that potential environmental impacts have been previously mitigated through the implementation of the policies of the General Plan as evaluated in Program Environmental Impact Report for the 2006 General Plan Update (SCH No. 2006011119), and the City of Newport Beach Housing Element Initial Study/Negative Declaration (collectively, the PEIR)� therefore, in accordance with Section 15164 of the California Environmental Quality Act (CEQA) Guidelines, an addendurn to the previously adopted PEIR is the appropriate environmental documentation for the Project; and 3) Adopt Resolution No. PC2024-008 (Attachment No. PC 1) recommending the City Council adoption of Environmental Impact Report Addendum No. 9, and approval of General Plan Amendment, Affordable Housing Implementation Plan, Traffic Study, 12-109 Residences at 1600 Dove Street (PA2022-0297) Planning Commission, May 23, 2024 Page 2 and Development Agreement, for the Project located at 1600 Dove Street (PA2022- 0297). 2 12-110 Residences at 1600 Dove Street (PA2022-0297) Planning Commission, May 23, 2024 F- C3 y t:: VICINITY MAP OV ite Lk t-A WAY GENERAL -PLAN ZONING ID LOCATION GENERALPLAN ZONING CURRENT USE ON -SITE Mixed Use Horizontal Newport Place Planned Office (MU-H2) Community (PC - 350-unit Newport Crossings NORTH MU-H2 PC-1 1 (graded site) SOUTH MU-H2 PC-1 1 Parking structure and office EAST MU-H2 PC-1 1 Medical office WEST General Commercia ' PC-1 1 L Office Office (CO G H2 )/MU_ 12-112 Residences at 1600 Dove Street (PA2022-0297) Planning Commission, May 23, 2024 Page 4 INTRODUCTION Pro'ect Setting The 2.49-acre project site is located within the Residential Overlay zone of Newport Place Planned Community (PC-1 1) and currently improved with one 4-story, 60,675- square-foot office building and a surface parking lot. The property is somewhat rectangular in shape, with a primary frontage on Dove Street to the west, bordered by the approved Newport Crossings Residential Project (PA2017-107) and Martingale Way to the north, Dolphin -Striker Way to the south, and an existing commercial development to the east. Promect Description The Applicant, the Picerne Group, seeks the following approvals that would allow future development of a seven -story, multiple -unit residential development consisting of up to 282 apartment units: General Plan Amendment (GPA)- A request to add 49 dwelling units above the current General Plan allowance for the Airport Area, and amend Anomaly 12 of the General —Plan Table LU2 (Anomaly Locations) allocating the 49 residential dwelling units to the Property; Affordable Housing Implementation Plan (AHIP)- A plan specifying how the Project would meet the City's affordable housing requirements, in exchange for a request of 50% increase in density including a request for three development standard waivers related to height, park dedication requirement, and overall residential density along with two development concessions related to the payment of park in -lieu fees and affordable unit mix pursuant to Chapter 20.32 (Density Bonus) of the Newport Beach Municipal Code and Government Code Section 65915 et seq. ("State Density Bonus Law"); Development Agreement (DA) — A Development Agreement between the Applicant and the City, pursuant to Section 15.45.020 (Development Agreement Required) of the NBMC, which would provide the Applicant with the vested right to develop the Project for a term of 10 years and to provide negotiated public benefits to the City; Addendum to the 2006 General Plan Update Program Environmental Impact Report (Addendum No. 9) - Pursuant to the California Environmental Quality Act (CEQA), the Addendum addresses reasonably foreseeable environmental impacts resulting from the Project; and Traffic Study - A traffic study pursuant to Chapter 15.40 (Traffic Phasing Ordinance) of the NBMC. 15 12-113 Residences at 1600 Dove Street (PA2022-0297) Planning Commission, May 23, 2024 Page 5 The applicant has provided conceptual exhibits showing the anticipated design types and possible site plan that may be presented as part of the future Project (Attachment 4). Figures 1 and 2 show the conceptual plans. Should the applications be approved by the City Council, future development of the Project would be required to comply with the Residential Overlay development standards set forth in the PC-1 1 and subject to Site Development review by the Planning Commission. The applicant's full project description and letters of support are provided as Attachment No. PC 2. 0 0 LP H 1, S r wf, �m, LEGEND 6 SISFUS UF �VER WMIC PERWOM LAMM Figure 1: Conceptual Site Plan 12-114 Residences at 1600 Dove Street (PA2022-0297) Planning Commission, May 23, 2024 X-111M L P­ 11 el- ji r, - . � e tA -6 Figure 2: Conceptual Flevations DISCUSSION General Plan Consistency The subject property is located in the Airport Area and is currently designated as Mixed Use Horizontal 2 (MU-H2) by the General Plan Land Use Etement. The Mixed -Use Horizontal 2 (MU-H2) designation 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 to a majority of properties in the Airport Area. The MU-H2 designation also allows a maximum of 2,200 residential units as replacement of existing office, retail, and/or industrial uses at a maximum density of 50 units per net acre. Any eligible density bonus allowed by Government Code Section 65915 (State density bonus law) and NBMC Chapter 20,32 (Density Bonus) are not included in the 2,200-unit policy allowance. While the proposed Project is allowed by the General Plan, the applicant is requesting an amendment to Anomaly 12 of the General Plan Table LU2 (Anomaly Locations) to increase the number of dwelling units allocated to the project site by 49 dwelling units, for a total of 188 dwelling units. The base density currently allotted to the property is 139 dwelling units. This density is based on the conversion of the existing 60,675-square- foot office building, consistent with the City's adopted land use conversion factors. The applicant also proposes a 50% density bonus to increase the total unit count to 282 12-115 Residences at 1600 Dove Street (PA2022-0297) Planning Commission, May 23, 2024 Page 7 pursuant to Newport Beach Municipal Code (NBMC) Section 20. 32 (Density Bonus) and Government Code Section 65915 (Density Bonus Law). The dwelling unit calculations are summarized below in Table 1. Presently, there are a total of 209 units remaining and available to be entitled in the Airport Area 2,200-unit policy allowance. The requested 49 GPA units would be in addition to the 2,200-unit policy allowance. With the approval of this project, there would be 70 (209-139=70) dwelling units remaining (exclusive of density bonus units and units authorized through General Plan Amendments). Residential units approved, proposed, and remaining within the MU-H2 designation of the Airport Area are listed in the Table 2 below. 0 12-116 Residences at 1600 Dove Street (PA2022-0297) Planning Commission, May 23, 2024 Page 8 The future residential development as envisioned is consistent with existing surrounding uses and planned land uses identified by the General Plan, as it would introduce additional residential land uses in the Airport Area which includes a diverse mix of land uses including the gradual multiple residential opportunities. The GPA to increase dwelling units does not eliminate existing or future land uses to the overall detriment of the community given the subject property's size, location, and surrounding uses. The existing office building on -site was built in the 1970's and there are sufficient office facilities in the Airport Area to support the business needs of the community. The Project would increase the City's housing stock including the provision of 28 units that will be affordable to lower incomes. The General Plan contains a number of policies that provide for the orderly evolution of the Airport Area, from a business park to a mixed -use district with cohesive residential villages integrated within the existing fabric of office, industrial, retail, and airport -related businesses. This project site was identified as a site for mixed -use development within the General Plan. Housing Element The Housing Element identifies adequate sites to accommodate its fair share allocation for the 6th Cycle Housing Element to accommodate housing growth needs by income categories. The project site is identified as a Housing Inventory Site 80. Figure B-3 of the Housing Element (below) displays the capacity and opportunity within the Airport Area which can help accommodate a portion of the City's Regional Housing needs Allocation (RHNA). Ultimately, the anticipated residential development implements the certified Housing Element and aids the City in its goal to provide new housing opportunities. 9 12-117 Residences at 1600 Dove Street (PA2022-0297) Planning Commission, May 23, 2024 Page 9 Figure B-3: Airport Area Environs - Sites Inventory Site Inventory: Airport Area Environs LEGEND CITY B. ­tvy sth cvu* 5'1� P�pv - P'a'.C' opv�nily Sn- Airport Land Use Commission Consistency Determination The project site is within the boundaries of the Airport Environs Land Use Plan (AELUP), therefore, the overseeing agency, Airport Land Use Commission (ALUC), must review the proposed GPA 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 acting on the Project. Staff anticipates review of the project by the ALUC on June 20, 2024. Staff believes the Project is con§stent with the requirements and standards in the AELUP. The project site is located within the 60 decibel (dBA) community noise equivalent level (CNEL) contour as shown in Figure N5 of the Noise Element of the General Plan and in the AELUP, where residential development is allowed, Additionally, the subject site is located w�thin John Wayne Airport Safety Zone 6 which allows residential uses. Lastly, the future residential development at the subject site will be required to comply with the noise -related development standards set forth in Section 20.30.080(F) of the NBMC applicable to residential uses proximate to John Wayne Airport. The draft Planning Commission resolution (Attachment No. PC 1) includes facts in support of a finding of consistency of relevant Airport Area policies. Furthermore, the EIR Addendum includes a comprehensive analysis of all relevant General Plan policies. The Project, as proposed, is consistent with all relevant General Plan policies except as 12-118 Residences at 1600 Dove Street (PA2022-0297) Planning Commission, May 23, 2024 Page 10 waived through the Affordable Housing Implementation Plan (AHIP) pursuant to State Density Bonus Law and NBMC Section 20.42 (Density Bonus) (see AHIP discussion below). Charter Section 423 Analysis Charter Section 423 requires voter approval of any major General Plan amendment to the General Plan. 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% 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. The Project is the second General Plan Amendment in Statistical Area Ll within the last 10 years that included additional dwelling units or non-residential floor area. The proposed amendment results in 49 additional dwelling units and no change in the square footage of non-residential floor area. Density bonus units are not included in Charter Section 423 analysis nor the General Plan Anomaly calculations. The.49 additional dwelling units result in a net increase of 18 a.m. peak hour trips and 19 p.m. peak hour trips based on the "Multifamily Housing (Mid Rise) Not Close to Rail" ITE 11 th Edition trip rate for the proposed use, as provided in Council Policy A-1 8. No credit is given to the existing non-residential uses on -site because the existing office floor area was converted to residential dwelling units so that the proposed Project (less the density bonus and GPA units) is traffic neutral. Therefore, the Project individually does not exceed the Charter Section 423 thresholds. A summary of the analysis is provided below in Table 3. I I 12-119 Residences at 1600 Dove Street (PA2022-0297) Planning Commission, May 23, 2024 Page 11 Table 3 — Charter 423 Analysis Projects Description Thresholds Nonresidential Dwelling AM Peak PM Peak-, SF Change, Unit Hour Hour Change Change Change Prior Amendments' Residences at 1400 General Commercial (CO-G) 0 64 24 25 Bristol Street to Mixed -Use Horizontal (MU - (PA 2022-0296) H2) and GPA for 64 additional Approved April 9, 2024 units 100% Totals 0 64 24 25 80% Totals 0 51 19 2 Remaining Capacity 40,000 49 66 65 Without a Vote, Residences at 1600 �5PA for 49 additional units 0 49 18 19 Dove 'Street (Subject Project) Thresholds No No No Exceeded? As none of the thresholds specified by Charter Section 423 are exceeded, no vote of the electorate is required if the City Council chooses to approve the requested GPA. Tribal Consultation (SB-18) Pursuant to California Government Code Section 65352.3 (SB1 8), a local government is required to contact the appropriate tribes identified by the Native American Heritage Commission (NAHC) each time it considers a proposal to adopt or amend the General Plan. If requested by any tribe, the local government must consult for the purpose of preserving or mitigating impacts to cultural resources. The City received comments from the NAHC indicating that 12 tribal contacts should be provided notice regarding the proposed amendment, The tribal contacts were provided notice on February 23, 2023. California Government Code Section 65352.3 requires notification 90 days prior to Council action to allow tribal contacts to respond to the request to consult. The Project will not be heard by the City Council until after the 90-day period, which expired on April 26, 2023. The City participated in consultations with three tribes: the Gabrieleno Band of Mission Indians — Kizh Nation, the Juaneno Band of Mission Indians, Acjachemen Nation-Belardes, and the Gabrielino Tongva Indians of California. Based on consultation with the participating Native American Tribes, conditions of approval have been included to address potential concerns regarding the protection of Tribal Cultural Resources. Newport Place Planned Community (Zoning Code) Consistency The project site is located within the Newport Place Planned Community (PC-1 1) in the Residential Overlay. The Overlay allows for multi -unit residential development as a stand-alone use provided that it includes a minimum of 15% of the base density for lower income households. The future development project, as currently proposed, would provide this minimum number 12 12-120 Residences at 1600 Dove Street (PA2022-0297) Planning Commission, May 23, 2024 Page 12 of affordable units by providing 28 dwelling units as affordable for very -low-income households (188 base units x 15% = 28.2 = 28 units). The Overlay also contains development standards for multi -unit residential development, including density, height, setbacks, parking, signage, airport noise compatibility, amenities, and landscaping. The Overlay limits the density for a residential development to be between 30 and 50 dwelling units per acre. The Project includes 139 base units or 55.8 dwelling units per acre, not including density bonus units or the requested units through the requested GPA. The base density with the requested GPA results in a density of 75.5 dwelling units per acre. The overall density of the project including the density bonus units is 113 units per acre. Both the base density and density bonus units are not consistent with the PC Text density requirement; however, the Applicant is requesting a development standard waiver pursuant to the NBMC and State Density Bonus Law. Furthermore, the proposed building will likely exceed the 55-foot maximum height allowed by PC-1 1, and therefore a development standard waiver is requested for this height restriction to allow future development of up to 100 feet. The future residential development is subject to a Major Site Development Review and will be required to comply with all other development standards of the PC-1 1 Residential Overlay. Affordable Housing Implementation Plan The applicant has prepared a draft Affordable Housing Implementation Plan (AHIP), dated April 22, 2024 (Exhibit D of Attachment No. PC 1) to illustrate compliance with the affordable housing requirements of the Residential Overlay of Newport Place Planned Community and density bonus allowances pursuant NBMC Chapter 20.32 (Density Bonus Code) and Government Code Section 65915-65918 (Density Bonus Law). Because the Project has not been designed yet, additional incentives or development standards may be requested as part of a future site development review and subject to approval of any changes through an AHIP amendment. Consistent with the affordable housing requirements of the Residential Overlay, 15% or 28 units of the Project's 188 base units would be set aside as affordable units to very - low -income households for 55 years. In centive/Con cession Requests: The 15% allocation of very -low-income households makes the Project entitled to a density bonus of 50% (94 units) above the maximum number of units allowed by the General Plan and requested GPA increase. In addition to the 94 density bonus units requested, the Project is entitled to receive three incentives or concessions that would result in identifiable, financially sufficient, and actual cost reductions. The applicant requests the following two incentives at this time: is 12-121 Residences at 1600 Dove Street (PA2022-0297) Planning Commission, May 23, 2024 Page 13 Partial In -Lieu Park Fee Waiver. Pursuant to General Plan Policy General Plan Land Use Policy LU 6.15.13, the Applicant is required to dedicate 0.50 acre of land for a neighborhood park or pay an in -lieu fee for the City to acquire and improve parks in the Airport Area. The applicant is required to pay $1,837,500 for the in -lieu park fee (0,50-acre park equivalent). The Applicant is contributing approximately $714,212 for this purpose; therefore, an in centive/con cession is required to waive the remaining fee. The reduction in park in -lieu fees would allow the applicant to contribute to the overall fund for parks in the Airport Area, while providing identifiable cost reduction that make the provision of affordable units feasible. Because the request includes a waiver of a City imposed fee, the Council has the discretion to approve, deny, or modify this concession pursuant to Density Bonus Law. 2. Affordable unit mix that does not meet NBMC Section 20.32.110 (Design and Distribution of Affordable Units). This section requires affordable units in a density bonus project reflect the same range of unit types in the residential development as a whole. See previous discussion regarding unit mix. Granting this incentive will result in identifiable, financially sufficient, and actual project cost reductions by reducing the long-term rental subsidy costs associated with the two -bedroom units and affording additional rental income for the project to ensure financial feasibility. Development Standard Waivers In addition to the density bonus units and financial concessions, the Project is entitled to receive unlimited waivers or reductions of development standards, including parking reductions, if the development standard would physically prevent the project from being built at the permitted density. In this case, the Applicant requests waivers of the following three development standards: 1 . Park dedication requirement. General Plan Land Use Policy LU 6.15,13 requires a public park equal to 8% of the gross land area of the development, or a minimum one-half acre, whichever is greater, be provided. In this case, the 2.49- acre project site is too small to feasibly accommodate a half -acre park. The City has granted this dedication waiver four times previously with the Newport Airport Village Planned Community, the Residences at 1300 Bristol Street, Residences at 1400 Bristol, and Residences at 1401 Quail projects. 2. Residential density. General Plan Land Use Policy LU 6.15.7 and PC-11 limits residential density between 30-50 units per acre. Inclusive of only the conversion units, the density would not comply at 55.8 dwelling units per acre. Including the proposed GPA units, the conversion units, and density bonus the resulting density would be 113 units per acre exceeding the limit and a waiver is necessary to implement the project. Again, the City has previously granted this policy waiver allowing excess density three times with the Newport Airport Village 12-122 Residences at 1600 Dove Street (PA2022-0297) Planning Commission, May 23, 2024 Page 14 Planned Community, the Residences at 1300 Bristol Street, and Residences at 1400 Bristol projects. 3. Building height. The Newport Place Planned Community (PC-1 1) limits building height to 55 feet from established grade, In this case, a higher building height is necessary to accommodate 282 residential units within seven stories. The Project is anticipated to have a height of 100 feet from established grade. Fiscal Impact Analysis Pursuant to General Plan Implementation Program 12.1, a fiscal impact analysis was prepared for the project by Applied Development Economics dated April 17, 2024 (Attachment PC 3). The fiscal impact model used in the report calculates public service impacts for specific land uses that support the residential population, the employment base and the visitor population in Newport Beach, It also calculates the public revenues that each type of land use typically generates for the City, including property taxes, sales taxes and other taxes as well as a variety of user charges and fees. The report concludes that the future residential rental project would generate a positive fiscal impact for the City, compared to the negative fiscal impact of the existing office use of the site. Annually, the existing office use generates a negative fiscal impact of about $104,661 per year and the residential development would anticipate generating a positive fiscal impact of approximately $41,732. This is based on the expected socio- economic profile of the future tenants. A positive fiscal impact for a for -rent property is not consistent with the original fiscal analysis of residential uses in the 2006 General Plan, although in recent years some other very high value luxury residential projects have shown a positive fiscal benefit, If the anticipated re�ident profile (i.e. demographic profile of residents) turns out to be more like the average Newport Beach demographic (e.g. older population), or if it changes in that direction over time, then the residential development would have a lower, or possibly negative impact on the City budget. However, even so, the 2006 General Plan anticipated an increased development potential for commercial and lodging uses, in addition to the new residential units it would permit. The net impact of the growth in land uses at buildout of the General Plan compared to existing land uses in 2006 when the plan was adopted, would result in a positive fiscal impact for the General Fund of $21.7 million per year.' Thus, any negative fiscal impacts of future residential development can potentially be mitigated as long �as commercial development keeps pace elsewhere throughout the City. Development Agreement In accordance with Section 15.45.020.A.2.a (Development Agreement Required) of the NBMC, a development agreement is required as the proposed project includes a General Plan Amendment and the development of 50 or more residential units. Additionally, the project will be required to pay public benefit fees as part of the Applied Development Economics, Fiscal Impact Analysis Land Use Element Amendment, April 4, 2014, p. 3. _T 5 12-123 Residences at 1600 Dove Street (PA2022-0297) Planning Commission, May 23, 2024 Page 15 Development Agreement. The project would also provide much needed housing opportunities in the City in furtherance of the certified Housing Element including 28 rental units affordable to very -low income households. The applicant requests a 10-year term of agreement. The agreement provides assurance that the applicant may proceed with the proposed project in accordance with existing policies, rules and regulations, and conditions of approval. Additionally, the agreement helps the applicant avoid a waste of resources and escalated costs of the proposed project while encouraging a commitment to private participation in comprehensive planning. Staff supports the requested I 0-year term. The DA provides vested rights to develop the project and the City will finalize the payment of negotiated public benefit fees per each residential dwelling unit. The total fee will have three components: a public safety fee, a reduced park in -lieu fee, and a general public benefit fee (Table 4, below). The public safety fee will assist the City with the costs of an additional ambulance unit that will be stationed at Fire Station No. 7 that will serve this area or other public safety needs. The park fee will be used consistent with City Council Policy B-1 (Park Fee Policy) or for the future acquisition and development of a neighborhood park in the Airport Area. The public benefit fee will be used solely at the City Council's discretion. The public benefit fee would be subject to annual adjustments, based on the CPI Index after two years, and would be payable at building permit issuance or prior to occupancy. Finally, the agreement includes all mandatory elements, including public benefits that are appropriate to support conveying the vested development rights consistent with the City's General Plan, NBMC, and Government Code Sections 65864 et seq. Traffic Phasing Ordinance (TPO) NBMC Chapter 15.40 (Traffic Phasing Ordinance) requires a traffic study to be prepared prior to issuance of building permits if a proposed project generates in excess of 300 new average daily trips (ADT). Ganddini Group Inc. has prepared a traffic study dated August 14, 2023 (Exhibit F of Attachment No. PC 1), under the supervision of the City Traffic Engineer, pursuant to the Traffic Phasing Ordinance (TPO) and its implementing guidelines. The traffic study is focused on the conditions one year after project occupancy, or five years after project 10 12-124 Residences at 1600 Dove Street (PA2022-0297) Planning Commission, May 23, 2024 Page 16 approval for larger projects not expected to be complete within five years. Baseline traffic conditions for a TPO traffic study include previously approved projects in the City. The Traffic Study provides an evaluation of morning and evening peak hours at 14 existing intersections that are located in the City and the adjoining City of Irvine. The Project is projected to generate an additional (i.e. net increase of) 622 daily trips, including 12 peak a.m. trips and 22 peak p.m. trips. When these trips are distributed to these studied intersections, the analysis concludes that there is no significant impact as the project will neither cause nor make worse an unsatisfactory level of service at any impacted primary intersection, and all intersections are forecasted to continue to operate at acceptable Levels of Service (LOS). Additionally, the Traffic Study includes vehicle miles traveled (VMT) analysis for informational purposes only. An analysis of VMT was not required as a part of the CEQA Addendum because the adopted Program Environmental Impact Report (PEIR), adopted in 2006, did not utilize VIVIT analysis. Nonetheless, the informational analysis concludes that the project is in an area mapped with low residential VIVIT per capita. Therefore, the project is presumed to have a less than significant impact on VIVIT since it satisfies the City established screening criteria. Furthermore, the TPO requires findings that, based on the weight of the evidence in the administrative record, including the traffic study, the proposed project complies with the TPO. Findings related to the preparation of the traffic study are provided in the draft resolution for project approval (Attachment No. PC 1). Environmental Review On July 25, 2006, the City Council adopted Resolution No. 2006-75, thereby certifying the adequacy and completeness of the Environmental Impact Report (EIR) for the General Plan 2006 Update (SCH No. 2006011119). The EIR was prepared in compliance with the CEQA set forth in the California Public Resources Code Section 21000 et seq. and its implementing State regulations set forth in the California Code of Regulations Title 14, Division 6, Chapter 3 (CEQA Guidelines) and City Council Policy K-3. Additionally, in accordance with Section 15168(a) of the CEQA Guidelines, the City prepared the EIR as a Program Environmental Impact Report (EIR). This PEIR analyzed the potential impacts of a citywide land use plan, and the goals and policies of 10 general plan elements. Additionally, on November 22, 2011, the City Council adopted General Plan Amendment No. GP2008-003, thereby approving the City of Newport Beach Housing Element Update (2008-2014) and its associated Housing Element Initial Study/Negative Declaration. Pursuant to Section 21166 of the California Public Resources Code and Section 15162 of the CEQA Guidelines, when an EIR or prior Negative Declaration has been certified for a project, no subsequent EIR or other analysis is required unless the lead agency determines, on the basis of substantial evidence in the light of the whole record, one or more of the following: 17 12-125 Residences at 1600 Dove Street (PA2022-0297) Planning Commission, May 23, 2024 Page 17 1. Substantial changes are proposed in the project which will require major revisions of the previous EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; 2. Substantial changes occur with respect to the circumstances tinder which the project is undertaken which will require major revisions of the previous EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or 3- New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete, shows any of the following: a. The project will have one or more significant effects not discussed in the previous EIR; b. Significant effects previously examined will be substantially more severe than shown in the previous EiRl- C, Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or d. Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would Substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative. The City contracted with an environmental consultant (PsDmas, Inc.) to prepare an Addendurn to the PEIR. The entire Addendum and 'its technical appendixes are available online at the City's web0e at� www-newportbeachca.gov/cega, The conclusion of the Addendum analysis supports the finding that no additional environmental documentation is required by CEQA- On the basis of the entire environmental review record, the project will not result in any new significant impacts that were not previously analyzed in the PEIR for the General Plan 2006 Update (SCH No. 2006011119) or the Housing Element Initial Study/Negative Declaration. All potential impacts associated with this Project would 6ther be the same or less than those described in either the PEIR or Negative Declaration that have been appropriately mitigated. In addition, there are no substantial changes to the circumstances under which the project would be undertaken that would result in new or more severe environmental impacts than previously addressed in either 12-126 Residences at 1600 Dove Street (PA2022-0297) Planning Commission, May 23, 2024 Page 18 the PEIR, nor has any new information regarding the potential for new or more severe significant environmental impacts been identified. Therefore, in accordance with Section 15164 of the CEQA Guidelines, an addendum to the previously adopted PEIR is the appropriate environmental document for the project. Summar Staff believes the findings for project approval can be made, with specific conditions of approval for the AHIP and TPO Study. The proposed Project is consistent with the existing MU-H2 General Plan Land Use designation and its land use policies related residential developments in the Airport Area. The proposed project is also consistent with the recently updated Noise Element and AELUP. I The existing Newport Place Residential Overlay allows multi -unit uses subject to approval of a site development review, which would be requested once the Project is designed. The site development review will ensure the design of the future project will be implemented consistent with all applicable development and design standards. Ultimately, the Project will lead to the redevelopment of underperforming office with a multi -unit residential apartment development that will include affordable units consistent with the Overlay and in furtherance of the adopted 6th Cycle Housing Element, Alternatives The Planning Commission has the discretion to recommend changes to the proposed Project to address any areas of concern. 2. The Planning Commission can also recommend denial if the Project's consistency with the MU-H2 and/or other applicable Airport Area policies are not in evidence. If the Planning Commission chooses to deny the project, findings must be made consistent with the Housing Accountability Act (Government Code Section 65589.5) and Density Bonus Law (Government Code Section 65915). Therefore, if after consideration of all written and oral evidence presented, the Planning Commission desires to either disapprove or impose a condition that the project be developed at a lower density or with any other conditions that would adversely impact feasibility of the proposed project, the Planning Commission must articulate the factual basis for making the following findings and direct staff to return with a revised resolution incorporating the articulated findings and factual basis for the decision: a. The housing development project would have a specific, adverse impact upon the public health or safety. As used in this paragraph, a "specific, adverse impact" means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete. i�.9 12-127 Residences at 1600 Dove Street (PA2022-0297) Planning Commission, May 23, 2024 Page 19 b, There is no feasible method to satisfactorily mitigate or avoid the adverse impact without rendering the development unaffordable to affordable households financially infeasible. Public Notice Notice of this hearing was published in the Daily Pilot, mailed to all owners of property within 300 feet of the boundaries of the site (excluding intervening rights -of -way and waterways) including the applicant, and posted on the subject property at least 10 days before the scheduled meeting, consistent with the provisions of the Municipal Code. Additionally, the item appeared on the agenda for this meeting, which was posted at City Hall and on the city website. Prepared by� Submitted by: Liz Westmoreland, AICP J ai MUrillo, AICP Senior Planner Acting Deputy Comrnunity Developnient Director PC I Draft Resolution andIC PC 2 Applicant's Project Desc M'tUTf4kd Letters of Support PC 3 Fiscal lmp�iWMerniorandum ----------- ---- PC:4--.--f,-,G7T�ueptuaI Exhibits 12-128 Attachment No. 13 City of Newport Beach Planning Commission Conditions of Approval 12-129 Planning Commission Resolution No. PC2024-008 Paae 22 of 24 Exhibit G CONDITIONS OF APPROVAL (Project-specfflc conditions are in italics) , Planning Division 1. The development shall be in substantial conformance with the approved Residences at 1600 Dove Street Affordable Housing Implementation Plan and Density Bonus Application datedApril 22, 2024 (except as modified by applicable conditions of approval). 2. Prior to the issuance of building permits, the applicant shall obtain all applicable discretionary permits (e.g. Site Development Review), The Applicant shall comply with all conditions of approval for said discretionary permits. 3. 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. 4. The Approval of the Affordable Housing Implementation Plan granted under PA2022- 0297 shall expire unless exercised within twenty-four (24) months from the date of approval as specified in Section 20.54.060 of the Newport Beach Municipal Code ("NBMC"), unless an extension is otherwise granted by the City for a period of time provided for in the Development Agreement pursuant to California Government Code Section 66452.06(a). 5. The proposed residential development shall consist of 282 apartment units, inclusive of 188 base units (conversion and GPA units) and 94 density bonus units. 6. A minimum of 28 apartment units shall be made affordable to very -low-income households consistent with the approved Residences at 1600 Dove Street Affordable Housing Implementation Plan and Density Bonus Application dated April 22, 2024. 7. 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. 8. The Applicant shall comply with all provisions of the Development Agreement including payment and timing of the public benefit fees. 9. A qualified monitor from the Gabrieleno Band of Mission Indians - Kizh Nation, shall be retained and compensated as a Native American Monitor for the project site prior to the 01-17-23 140 12-130 Planning Commission Resolution No. PC2024-008 Pacie 23 of 24 commencement of any ground -disturbing activity to the completion of ground disturbing activities to monitor grading and excavation activities. 10. The �7onitor shall be retained prior to the commencement of any "ground -disturbing activity" for the subject project "Ground -disturbing activity" shall include any demolition that includes subterranean impacts, mass grading, and excavation. The monitor is expected to accommodate the construction schedule provided by the Applicant. The Applicant shall make a good faith effort to notify the monitor of any changes to the construction schedule at least 24 hours in advance. 11. 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. 12. The monitor 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 provided to the project applicantllead agency upon written request to the monitors. 13. On -site tribal monitoring shall conclude upon the earlier of the following: (1) written confirmation to the consulting tribe from a designated point of contact for the project applicantllead 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 tribe to the project applicantllead agency that no future, planned construction activity andlor development/construction phase at the project site possesses the potential to impact TCRs of the consulting tribe. 14. Upon discovery of any TCRs, all construction activities in the immediate vicinity of the discovery shall cease (I. e., within the surrounding 25 feet) and shall not resume until the discovered TCR has been fully assessed by the monitor andlor archaeologist. The monitor will recover and retain all discovered TCRs in the form andlor manner the tribe deems appropriate, in the tribe's sole discretion in coordination with the applicant, and for any purpose the tribe deems appropriate, including for educational, cultural andlor historic purposes. 15. 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. 01-17-23 -147 12-131 Planning Commission Resolution No. PC2024-008 Pacie 24 of 24 16. If Native American human remains andlor 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. 17. Human remains and gravelburial goods shall be treated alike per California Public Resources Code section 5097.98(d)(1) and (2). 18.Preservation in place (i.e., avoidance) is the preferred manner of treatment for discovered human remains andlor burial goods. 19.Any discovery of human remainslburial goods shall be kept confidential to prevent further disturbance. 20.A copy of the Resolution, including conditions of approval Exhibit "A" shall be incorporated into the Building Division and field sets of plans before issuance of the building permits. 21I.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 leasing agent. 22.To the fullest extent permitted by law, the applicant shall indemnify, defend and hold harmless the City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any 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 the Residences at 1600 Dove Street including, but not limited to, General Plan Amendment, Affordable Housing Implementation Plan, Development Agreement, Addendum to the 2006 General Plan Update Program Environmental Impact Report, and Traffic Study, (PA2022-0297). This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorney's fees, and other expenses incurred in connection with such claim, action, causes of action, suit, or proceeding whether incurred by the applicant, City, and/or the parties initiating or bringing the such proceeding. The applicant shall indemnify the City for all the City's, costs, attorneys' fees, and damages that which City incurs in enforcing the indemnification provisions outlined in this condition. The applicant shall pay to the City upon demand any amount owed to the City under the indemnification requirements prescribed in this condition. 01-17-23 -142 12-132 Attachment No. 14 Noise, Height, and AELUP Consistency Analysis 12-133 Proposed Amendment The City of Newport Beach 'is amending the General Plan Land Use Element to add 49 dwelling units to the subject property, above the Current General Plan allowance for the Airport Area to accommodate forthe future development of a 282-unit residential rental project located at 1600 Dove Street. The property has a General P�an designation of MU-H2 (Mixed Use Horizontal 2), and is located within the Residential Overlay of Planned Community PC-11 (Newport Place) Zoning District where multiple -family residential development is allowed. Additional detailed analysis for the project is provided in the May 23, 2024 Planning Commission Staff Report (Attachment No. 12 of the ALUC submittal package). No specific design forthe project is included in this application; and therefore, futuresite development review by the Newport Beach Planning Commission would be required prior to building permit issuance. Community Noise Equivalent Levels (CNEL) Compatibility The proposed project is located within the 60 dBA CNEL as shown in Figure NS of the Noise Element of the General Plan and ALEUP Noise contours map, which are included as Attachment Nos. 7 and 8 of the ALUC submittal package. As discussed in AELUP Subsection 3.2.4 (Noise Impact Zone "2" — Moderate Noise Impact [60 dB CNEL or greater, less than 65 clB CNEQ), residential units are normally consistent with conventional construction methods used and no special noise reduction requirements a re requ ired. Table 1 (Airport Land U se Com missio n fo r Ora nge Cou nty Ai rport Environs La nd Use PI an Limitations on Land Use Due to Noise) of the AELUP is 'included below for reference. 12-134 TABLF I AIRPORT LAND U81"COMMISSiONroR, oRAN(jE couNTY AIRPORT ENVIRONS LAND qSE, PLAN LIM ITATIONS ON LAND USEDUP. TO NOISE (Applicable to Aircraft Noise Sources) COMMUNITY NOISK EQUIVALENT LEVEL (10 55 60 65 70 75 80 LAND USE CATEGORY Residential (till types): Single and Multi6Faniily Residences Churches, Libraries, $chools, Preschools, Day -Care Contom, I-lospitals, Nursing/Convalescent Homes, & Other noise sensitive uses comme W: Retail, Office IndustriaL, NORMAUY CONSISTEW Conventional construction methods used. No special noise reduction requirements. CONDITIONALLY CONSISTENT Must we sound tit terivation its required by the Cali rornialloiso Insulation Standards, Titio25,citifortiiavoaeorRegul,,ttions. RLsidontinitisesouiidattenuittionreqtilred i to ensure that the interior CNEL does not exceed 45 dB. Commercial and industrial structij res shall be, sound attenuated to meet Noise I rnpacL Zono " I " criteria (re rer 10 Section 3,211 NOWALLY INCONSfSTHNT All rciidontialurbts tire inconsistent unless are sound attenuated to ensure that the interior CNK does not excecd 45 d% and that all units are indoor oriented so as to preclude noise impingement on outdoor I iving areas. 12-135 For any residential sites and uses within Noise Impact Zone 'T' the City requires future development to be consistent with the AELILIP considerations and the City's noise -related General Plan policies and development standards as listed below to ensure compatibility. General Plan Policies Policy LU 6.15.3 Airport Compatibility. Require that all Consistent: The Project is a seven -story apartment development be constructed in conformance with the development with podium level amenity space, a leasing height restrictions set forth by the Federal Aviation office, potential roof -top common space, and parking Administration (FAA), Federal Aviation Regulations within an on -grade parking garage with two and a half (FAR) Part 77, and Caltrans Division of Aeronautics, and levels of subterranean parking. The Project site 'is in Safety that residential development shall be allowed only on Zone 6 of the JWA AELUP, the FAR Part 77 Obstruction parcels with noise levels of less than the John Wayne Airport 65 dBA CNEL noise contour area as shown In Imaginary Surface Zone, and the FAR Part 77 Notification Figure N5 of the Noise Element of the General Plan, Area. The building is proposed to be approximately 100 unless and until the City determines, based on feet high, measured from the established grade to the top substantial evidence, that the sites whollywithin the 65 of the rooftop parapet, which is consistent with the dBA CNEL noise contourshown in Figure N5 are needed allowable uses under the AELUP Safety Zone 6 and is for the City to satisfy its Sixth Cycle RHNA mandate. under the 200 feet height limit for the AELUP and for FAA Nonresidential uses are, however, encouraged on Part 77 notification. Therefore, the Project would not parcels located wholly within the 65 dBA CNEL contour e-xceed obstruction standards and would not be a hazard area. to air navigation. Further, the Project site is outside of the 65 dBA CNEL noise contour identified by the City of Newport Beach for JWA as set forth in the 2014 JWA Settlement Agreement Amendment EIR No. 617 as well as the AELUP. Therefore, the Project is consistent with the land use and noise - related policies of the General Plan including LU 6.15.3 Policy N 1.1 Noise Compatibility of New Consistent: The Project site is outside of the 65 dBA CNEL Development. Require that all proposed projects noise contour identified by the City of Newport Beach for are compatible with the noise environment JWA as set forth in the 2014 JWA Settlement Agreement through use of Table N2 and enforce the interior Amendment EIR No. 617 and the AELUP. General Plan and exterior noise standards shown in Table N3. Noise Element Table N2 characterizes residential development as "normally compatible" up to 65 dBA. The Addendum noise analysis demonstrates that the Project would comply with the requirements as outlined in the City's Noise Ordinance. Policy N 1.2 Noise Exposure Verification for New Consistent: On -site noise impacts are evaluated in Section Development. Applicants for proposed 3.13, Noise, of the CEQA Addendum. As indicated above, residential or mixed -use projects located in areas the Project site is outside of the 65 dBA CNEL for JWA and projected to be exposed to 65-70 dBA CNEL or . the AELUP. Additionally, the Project site is outside of the greater, as shown on Figure N5 must conduct a 60 dBA CNEL noise contours developed for roadway noise noise study to provide evidence that the depicted exposure within the Noise Element of the General Plan. noise contours do not adequately account for For additional detail, please see response to Policy N 1.8, local noise exposure circumstances due to such below. factors as, topography, variation in traffic speeds, and other applicable conditions. These findings shall be used to determine the level of exterior or nterior, noi e attenuation needed to attain an acceptable noise exposure level and the feasibility of such mitigation when other planning 12-136 considerations are taken into account consistent with Title 21 of the California Code of Regulations. Policy N 2.1 New Development. Require that Consistent: The Project site is outside of the 65 dBA CNEL proposed noise -sensitive uses in areas of 60 dBA noise contour identified by the City of Newport Beach for and greater, as determined the analyses JWA as set forth in the 2014 JWA Settlement Agreement stipulated by Policy N1.1, demonstrate that they Amendment EIR No. 617 and the AELUP. General Plan meet interior and exterior noise levels. Noise Element Table N2 characterizes residential development as "normally compatible" up to 65 dBA. The Project would comply with the requirements as outlined in the NBIVIC and the City's Noise Ordinance. Policy IN 2.2 Design of Sensitive Land uses. Consistent: Based on standard attenuation rates, interior Require the use of walls, berms, interior noise noise levels would not exceed noise levels set forth in insulation, double -paned windows, advanced General Plan Policy N2.2. Because the Project is in an area insulation systems, or other noise mitigation which is below the 65 dBA CNEL noise contours for both measures, as appropriate, In the design of new roadways and aircraft, the interior noise level limits can be residential developments to attenuate noise met with standard construction designs. To address the levels to not exceed 45 dBA CNEL interior. Other potential for activity or sleep disturbance from single - new noise -sensitive land uses that are adjacent event aircraft flyovers the Project will comply with to major arterials and located proximate to John Standard Policies related to building design. Wayne Airport (e.g., infill residential) and within the 65-70 dBA CNEL noise contour area are required to be indoor -oriented to reduce noise impacts on outdoor living or recreational areas. Application of the Noise Standards in Table N2 shall govern this requirement. Policy N 3.1 New Development. Ensure new Consistent: The Project site is wholly outside of the development is compatible with the noise existing and future 65 dBA CNEL noise contour identified environment proximate to John Wayne Airport by the City of Newport Beach for JWA as set forth in the by not allowing residential units on parcels 2014 John Wayne Airport Settlement Agreement located wholly within the John Wayne Airport 65 Amendment EIR No. 617 and the AELUP. The Project dBA CNEL noise contour, as shown in Figure N5 would comply with the requirements as outlined In the of the Noise Element of the General Plan, unless NBIVIC and the City's Noise Ordinance. and until the City determines, based on substantial evidence, that the sites wholly within such contour area are needed for the City to satisfy Its Sixth Cycle RHNA mandate. Policy N 3.2 Residential Development. Require Consistent: The Project site is wholly outside the existing that residential development proximate to John and future 65 dBA CNEL noise contour. The Applicant Wayne Airport shall not be located on parcels would be required to notify prospective tenants of aircraft wholly within the John Wayne Airport 65 dBA noise and require signage notifying users regarding the CNEL noise contour shown in Figure N5 of the proximity to JWA and operating aircraft noise. Noise Element of the General Plan, unless and until the City determines, based on substantial evidence, that the sites wholly within such contour area are needed for the City to satisfy its Sixth Cycle RHNA mandate. Require developers o resi ential or mixed -use land uses with a residential component to notify prospective purchasers or tenants of aircraft noise, 12-137 Additionally, require outdoor common areas or recreational areas of residential or mixed -used developments to be posted with signs notifying users regarding the proximity to John Wayne Airport and the presence of operating aircraft and noise. Newport Place Planned Community (PC-11) — Development Plan Part 111. Residential Overlay Zone, Section V.D.1 (Airport Noise Compatibility) D. Airport Noise Compatibility 1. Residential development shall be located up to the John Wayne Airport 65 dBA CNEL noise contour as shown in Figure N5 of the Noise Element of the General Plan, subject to compliance with Section 20.30.080.F (Residential Use Proximate to John Wayne Airport) of the Newport Beach Municipal Code. Residential development shall be limited to parcels wholly or partially outside the 65 dBA CNEL noise contour, unless and until the City determines, based on substantial evidence, that the sites wholly within such contour area are needed for the City to satisfy its 6th Cycle RHNA mandate. Non-residential uses are encouraged on parcels located wholly within the 65 dBA CNEL contour area. 2. Notice of aircraft overflight and noise shall be posted at all public parks and designated outdoor common and recreational areas. 3. Notice shall be provided to all future residents to inform of potential annoyances or inconveniences associated with residing in proximity to airport operations such as noise, vibration, and odors. Newport Beach Municipal Code Section 20.30.080 (Noise) F. Residential Use Proximate to John Wayne Airport. Residential uses, including mixed -use residential, shall be allowed on parcels or sites wholly or partially outside the John Wayne Airport 65 dBA CNE­L noise contour as shown in Figure N5 of the Noise Element of the General Plan, as identified in the 2014 John Wayne Airport Settlement Agreement Amendment Environmental Impact Report (EIR No. 617) and consistent with Title 21 of the California Code of Regulations, subject to the following conditions that apply to all residential projects within the John Wayne Airport 60 dBA CNEL or higher CNEL noise as shown in Figures N4 and N5 of the Noise Element of the General Plan: 1. Prior to the Issuance of any bui1cling permits for such development, a noise study shall be prepared by a City -approved qualified acoustical consultant and submitted to the Community Development Director for approval; 2. All new residential structures or the residential units within a mixed -use development shall be attenuated to provide an interior noise level of 45 dBA CNEL or less; 12-138 3. The design of the residential portions of mixed -use projects and resid-ential developments shall have adequate noise attenuation between adjacent uses and units (common floor/ceilings) in accordance with the California Building Code; 4. New mixed -use developments shall incorporate designs with loading areas, parking lots, driveways, trash enclosures, mechanical equipment, and other noise sources away from the residential portion of the development; 5. Use of walls, berms, interior noise insulation, double -paned windows, advance insulation systems, or other noise mitigation measures as deemed appropriate shall be Incorpo,rated in th-e design of new residential to bring interior sound attenuation to 45 dBA CNEL or less, 6. Residential uses shall be incloor-orlented to reduce noise impingement on outdoor living areas; 7. , On -site indoor amenities, such as fitness facilities or recreation and entertainment facilities, shall be encouraged.; and 8, Advanced air filtration systems for buildings shall be cornsidered to promote cleaner air. 9. Residential development shall be limited to parcels or -sites wholly or partially outside the 65 dBA CNEL noise contour, unless and until the City determines, based on s-ubstantial evidence, that the parcels or sites wholly within such contour area are needed for the City to satisfy its 6th Cycle. RHNA mandate. Nonresidential uses are encouraged on parcels or sites located wholly mfithin th-e 65, dBA CNEL contour area. G. Mitigation of Impacts. Noise mitigation measures maybe required in conju.nction with the -approval of an application for new development when a significant noise impact is id-entifled, TABLE 3-2 SIGNIFICANT NOISE INCREASE CNEL (dBA) dBA Increase 55 3 60 2 65 1 70 1 Over 75 Any increase is considered significant H. Dedications of avigation easements in favor of the County of Orange may be�requlrecl when noise sensitive uses are proposed in the JWA Planning Area, as established in thejWA AELUP. 12-139 Safety Compatibility As provided in Appendix D of the AELUP, Table 9B (Safety Compatibility Qualities), residential uses are allowed in Safety Zone 6. The proposed project is located within John Wayne Airport SafetyZone 6, and an exhibit is included as Attachment No. 9 in the ALUC submittal package. Zone & Traffic Pattern Zone Risk Facturs i Rumvay Pmwrvry b- Generaltv lcm, 44hcod of &rAdL&nl occurrer<e at rnosi airpoTls. risk concern pr-marily t� willh Lm-s !or *IhO potential con"uiences are sewry Basic (OrnirmOnl4ty Quahhe5 * Allmv uses AII(m mosl non(esodenual um, pirohibil outdoor stadiums, and win6ar uses voth v" 1119h IntemlITM ,j� Zone r-Oudes all other Port�ons oi reclOas ttaffic pal. x,. Avoid childfen'� whools, 18W day c4fe cenvers, howtais, 1prni and pattern entry rout(,s F,tir-.,r-g hornes 12-140 Height Restriction Zones The proposed building height for the project is 100 feet above ground level, or 154 feet above mean sea level. A letter from the FAA determining no hazard to air navigation has been provided as Attachment No.S of the ALUC submittal package. The project site is identified as a Housing Inventory Site 80, shown 'in Figure B-3 of the Housing Element that displays the capacity and opportunity within the Airport Area to help accommodate a portion of the City's Regional Housing needs. The majority of the newly identified housing opportunity sites will need to be rezoned to accommodate residential development at later date, As part of that rezoning, height limitations will be developed and applied. In no event will the City's rezoned height limits be inconsistent with the parameters outlined in Subsection 3.2.6 (Height Restriction Zone) of the AELUP and FAA standards. in addition, future comprehensive updates to the Land Use Element and rezoning will be subject to future Airport Land Use Commission (ALUC) review, consistent with Public Utilities Code Section 21676. Links to Existing General Plon and Zoning District: General Plan: https://newportbeachca.gov/government/­depa;-tments/community developi-nent/planniiig-division/geiieral-plan-codes-and-regLilationsZgeneral-plan Zoning District (PC-11: Newport Place Planned Community): https:l/www.newportbeachca.gov/PLN/­MAP DOCUMENTS/PC TEXT/PC 11 Newport -Place_-_pc! 12-141 Conceptual Plans 12-142 .41 oot L 44 1600 DOVE ENTITLEMENT EXHIBIT & REPRESENTATIVE ELEVATIONS APRIL 18.202a PICE p N C ;.0Ill. Alf, 4 & � ' - ' \A' A 7N V. Wo '0TE 44"! Ar '6 1% . A % w ';4e 14� fil' hr _f SN 4,4 11 Ilk _ir 12-143 :'VpAN l_� . ol-mm,gwAw.-* �� — Ar 14 '�h rm cn �4 dw 00 44 F 1.4 Ali, 1600 DOVE ENTITLEMENT EXHIBIT & REPRESENTATIVE ELEVATIONS rN NEWN)RT KACK QALIFORNIA APITJL I& ��Kl TA # M-WO PICERNEGROUP CONCEPTUAL DEVELOPIdENT PLAN I 12-144 eft-T17 _N *4" rr 4 RE k, 1600 DOVE ENTITLEMENT EXHISIT & REPRESENTATIVE ELEVATIONS KWORTREAU1 MIFORNIA AMt 18. 210 TCA 9 M-060 PICERNEGROUP Ap lip 10 0 amil REPRESENTATIVE ELIVATIDIS 12-145 Attachment F June 25, 2024 ALLIC Determination Letter 12-146 ORANGEICOUNTY --v*i- June 25, 2024 AIIZPOIZT LAND USE COMMISSION F 0 R ORANGE COUNTY 3160 Airway Avenue - Costa Mesa, California 92626 - 949.2S2.SI70 fax: 949.2S2.6012 Liz Westmoreland, Senior Planner City of Newport Beach Community Development 100 Civic Center Drive Newport Beach, CA 92660 Subject: ALUC Determination for the Residences at 1600 Dove Street - City of Newport Beach General Plan (Land Use) Amendment Dear Ms. Westmoreland: During the public meeting held on June 20, 2024, the Airport Land Use Commission (ALUC) for Orange County considered the subject item. The matter was duly discussed, and with a 6-0 vote (Bresnahan, Monin, Murphy, Beverburg, Sustarsic, Klema), the Commission found the Residences at 1600 Dove Street - City of Newport Beach General Plan (Land Use) Amendment to be Inconsistent with the Airport Environs Land Use Planfor John Wayne Airport (AELUPfor JWA) per: 1. Section 2.1.1 Aircraft Noise that the "aircraft noise emanating from airports maybe incompatible with general welfare of the inhabitants within the vicinity of an airport." 2. Section 2.1.2 Safety Compatibility Zones in which "the purpose of these zones is to support the continued use and operation of an airport by establishing compatibility and safety standards to promote air navigational safety and to reduce potential safety hazards for persons living, working or recreating near JWA." 3. 3.2.1 General Policy (in pertinent part): "Within the boundaries of the AELUP, any land use may be found to be Inconsistent with the AELUP which: (1) Places people so that they are affected adversely by aircraft noise, [or] (2) Concentrates people in areas susceptible to aircraft accidents..." You may contact us at (949) 252-5170 or at jfitchgocair.com if you have any questions regarding this proceeding. Sincerely, Julie Fitch Executive Officer cc: ALUC 12-147