HomeMy WebLinkAbout2024-45 - 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 AeronRESOLUTION NO. 2024-45
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 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"), -
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
Resolution No. 2024-45
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-11) 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 61h 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
Resolution No. 2024-45
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 NBMC.
Evidence, both written and oral, was presented to and considered by, the Planning
Commission at this hearing;
WHEREAS, at the hearing, the Planning Commission adopted Resolution No.
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 JWA";
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
Resolution No. 2024-45
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 ("JWK) 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 6t" 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
Resolution No. 2024-45
Page 5of7
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.
Resolution No. 2024-45
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 ("AGL"), and 154 feet above mean sea level
("AMSL"). 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 AMSL and the nearby building at 4545
MacArthur (Hyatt Regency) that is approximately 225 feet AMSL.
Section 2: Based on the foregoing findings, the City Council provides this notice
of intention to overrule the ALUC's determination that the Project is inconsistent with the
AELUP.
Section 3: The City Council hereby directs City staff to provide ALUC 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.
Resolution No. 2024-45
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 I. Brown
City Clerk=�
0
�L�FORN%
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Aar C. Harp
City 0mey
Attachment: Exhibit A - Legal Description
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.
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the
whole number of members of the City Council is seven; the foregoing resolution, being Resolution
No. 2024-45 was duly introduced before and adopted by the City Council of said City at a regular meeting
of said Council held on the 91h day of July, 2024; and the same was so passed and adopted by the following
vote, to wit:
AYES: Councilmember Brad Avery, Councilmember Noah Blom, Councilmember
Robyn Grant, Councilmember Lauren Kleiman, Councilmember Erik Weigand
NAYS: None
RECUSED: Mayor Will O'Neill, Mayor Pro Tern Joe Stapleton
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said
City this 101h day of July, 2024.
4A`
Leilani I. Brown
City Clerk
Newport Beach, California