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HomeMy WebLinkAbout23 - Necessary Amendments to Implement the 6th Cycle Housing Element and to Place the Major General Plan Amendment on the November 5, 2024 General Election Ballot PursuantQ SEW Pp�T CITY OF z NEWPORT BEACH c�<,FORN'P City Council Staff Report July 23, 2024 Agenda Item No. 23 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: Benjamin M. Zdeba, AICP, Principal Planner - 949-644-3253, bzdeba@newportbeachca.gov Jaime Murillo, AICP, Deputy Community Development Director - 949-644-3209, jmurillo@newportbeachca.gov Leilani I. Brown, City Clerk - 949-644-3005, (brown@newportbeachca.gov TITLE: Ordinance Nos. 2024-16 and 2024-17, and Resolution Nos. 2024- 50 to 2024-57 for the Necessary Amendments to Implement the 6t" Cycle Housing Element and to Place the Major General Plan Amendment on the November 5, 2024 General Election Ballot Pursuant to City Charter Section 423; or Resolution No. 2024-58 to Initiate an Amendment to the 6t" Cycle Housing Element ABSTRACT: For the City Council's consideration are the legislative amendments necessary to accommodate State of California mandated housing development, as planned for in the adopted and certified statutorily compliant 6t" Cycle Housing Element. These include targeted amendments to the General Plan Land Use Element, the Coastal Land Use Plan, and Title 20 (Planning and Zoning) and Title 21 (Local Coastal Program Implementation Plan) of the Newport Beach Municipal Code. To remain compliant, the amendments must take effect by the statutory deadline of February 2025. To analyze the resulting potential environmental impacts under the California Environmental Quality Act (CEQA), the City of Newport Beach has prepared a program environmental impact report (SCH No. 2023060699). The City Council will also consider adopting a resolution overriding the May 16, 2024, Orange County Airport Land Use Commission (ALUC) determination that the amendments are inconsistent with the 2008 John Wayne Airport Environs Land Use Plan (AELUP) pursuant to Public Utilities Code Section 21676(b). Approval of the amendments and the adoption of the resolution to override the ALUC requires a two-thirds majority vote of the City Council. Lastly, the General Plan Land Use Element could be considered a "major amendment" pursuant to the City's Charter Section 423, as it results in an increase of more than 100 new dwelling units and over 100 peak hour trips (AM/PM) across several statistical areas. Accordingly, the City Council will also consider a resolution to authorize a ballot measure and the calling of a consolidated municipal election with the County of Orange for the November 5, 2024, election ballot. 23-1 Ordinance Nos. 2024-16 and 2024-17, and Resolution Nos. 2024-50 to 2024-57 for the Necessary Amendments to Implement the 6t" Cycle Housing Element and to Place the Major General Plan Amendment on the November 5, 2024 General Election Ballot Pursuant to City Charter Section 423; or Resolution No. 2024-58 to Initiate an Amendment to the 6th Cycle Housing Element July 23, 2024 Page 2 As an alternative, the City Council can determine a Charter Section 423 vote is precluded by State law and initiate an amendment to the 6t" Cycle Housing Element removing Charter Section 423 voter approval requirements for the adoption of the General Plan Amendment and related legislative amendments for implementation. RECOMMENDATIONS: a) Conduct a public hearing and proceed with one of the following two options: Option No. 1: 1 a) Adopt Resolution No. 2024-50, A Resolution of the City Council of the City of Newport Beach, California, Certifying Environmental Impact Report (State Clearinghouse [SCH] Number 2023060699), Including a Mitigation Monitoring and Reporting Program and Adopting Findings, and a Statement of Overriding Considerations Related to the Implementation of the 6t" Cycle Housing Element Involving Amendments to the General Plan, Coastal Land Use Plan, and Title 20 (Planning and Zoning) and Title 21 (Local Coastal Program Implementation Plan) of the Newport Beach Municipal Code (PA2022-0245); 1 b) Adopt Resolution No. 2024-51, A Resolution of the City Council of the City of Newport Beach, California, Amending the General Plan Land Use Element to Implement the General Plan 6t" Cycle Housing Element (PA2022-0245); 1 c) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance No. 2024-16, An Ordinance of the City Council of the City of Newport Beach, California, Amending Title 20 (Planning and Zoning) of the Newport Beach Municipal Code to Implement the General Plan 6t" Cycle Housing Element (PA2022-0245), and pass to second reading on August 27, 2024; 1 d) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance No. 2024-17, An Ordinance of the City Council of the City of Newport Beach, California, Amending Title 20 (Planning and Zoning) of the Newport Beach Municipal Code to Create Multi -Unit Objective Design Standards (PA2022-0245), and pass to second reading on August 27, 2024; 1 e) Adopt Resolution No. 2024-52, A Resolution of the City Council of the City of Newport Beach, California, Authorizing Submittal of a Local Coastal Program Amendment to the California Coastal Commission to Amend the City of Newport Beach Coastal Land Use Plan and Title 21 (Local Coastal Program Implementation Plan) of the Newport Beach Municipal Code Related to the Housing Element Implementation Program (PA2022-0245); 23-2 Ordinance Nos. 2024-16 and 2024-17, and Resolution Nos. 2024-50 to 2024-57 for the Necessary Amendments to Implement the 6t" Cycle Housing Element and to Place the Major General Plan Amendment on the November 5, 2024 General Election Ballot Pursuant to City Charter Section 423; or Resolution No. 2024-58 to Initiate an Amendment to the 6th Cycle Housing Element July 23, 2024 Page 3 1f) Adopt Resolution No. 2024-53, A Resolution of the City Council of the City of Newport Beach, California, Finding the Housing Element Implementation Program Amendments Consistent with the Purposes of the State Aeronautics Act and Overriding the Orange County Airport Land Use Commission's Determination of Inconsistency with the 2008 John Wayne Airport Environs Land Use Plan (PA2022-0245); 1 g) Adopt Resolution No. 2024-54, A Resolution of the City Council of the City of Newport Beach, California, Calling for the Holding of a General Municipal Election to be Held on Tuesday, November 5, 2024, for the Submission of a Proposed Major Amendment to the Newport Beach General Plan Land Use Element Related to Implementation of the 6t" Cycle Housing Element in Compliance with State Housing Law (PA2022-0245); 1 h) Adopt Resolution No. 2024-55, A Resolution of the City Council of the City of Newport Beach, California, Requesting the Board of Supervisors of the County of Orange to Consolidate a General Municipal Election to be Held on Tuesday, November 5, 2024, with the Statewide Primary Election to be Held on the Same Date Pursuant to California Elections Code Section 10403 for the Purpose of Submitting a Proposed Charter Amendment; 1 i) Adopt Resolution No. 2024-56, A Resolution of the City Council of the City of Newport Beach, California, Setting Priorities for Filing Written Arguments Regarding a City Measure, and Directing the City Attorney to Prepare an Impartial Analysis; 1j) Adopt Resolution No. 2024-57, A Resolution of the City Council of the City of Newport Beach, California, Providing for the Filing of Rebuttal Arguments for the City Measure Submitted to the Voters at the General Municipal Election to be Held on Tuesday, November 5, 2024, Pursuant to California Elections Code Section 9285; and 1 k) If desired, designate Councilmembers to draft a Direct Argument for the ballot measure and any Rebuttal Argument, if needed; or Option No. 2 2a) Determine this action is exempt from environmental review under CEQA pursuant to Section 15262 of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3; and 2b) Adopt Resolution No. 2024-58, A Resolution of the City Council of the City of Newport Beach, California, Initiating a Narrowly Focused Amendment to the Adopted and Certified 6t" Cycle Housing Element to Remove the Reference to Charter Section 423 Voter Approval (PA2022-0245). 23-3 Ordinance Nos. 2024-16 and 2024-17, and Resolution Nos. 2024-50 to 2024-57 for the Necessary Amendments to Implement the 6t" Cycle Housing Element and to Place the Major General Plan Amendment on the November 5, 2024 General Election Ballot Pursuant to City Charter Section 423; or Resolution No. 2024-58 to Initiate an Amendment to the 6th Cycle Housing Element July 23, 2024 Page 4 DISCUSSION: July 9, 2024, City Council Study Session On July 9, 2024, the City Council conducted a study session to discuss whether a vote of the electorate is required under City Charter Section 423 to effectuate the General Plan Land Use Element Amendment necessary as part of the Housing Element Implementation Program Amendments. After public comments and City Council discussion, the City Council directed staff to return on July 23, 2024, with two options as presented in the "Recommendations" section of this report and as discussed further under "Charter Section 423 Vote." Background The Housing Element is a required element of the General Plan. It presents how a city plans to accomplish the State -mandated Regional Housing Needs Allocation (RHNA) on sites within city limits. Local jurisdictions, like the City, are responsible for creating a regulatory environment in which the private market can build the unit types included in the RHNA. The City is required to prepare an update to its housing element every eight years. After conducting wide-ranging public outreach involving extensive public participation opportunities, including numerous meetings of the City Council -appointed Housing Element Update Advisory Committee (HEUAC), the City Council adopted the City's 6t" Cycle Housing Element for the 2021-2029 planning period (Housing Element) on September 13, 2022. The Housing Element was later certified as statutorily compliant with State law by the California Department of Housing and Community Development (HCD) on October 5, 2022. The Housing Element provides the City with a coordinated comprehensive strategy for promoting the production of a variety of housing types for all. The Housing Element was prepared to ensure the City establishes policies, procedures and incentives in its land use planning and development standards that result in maintenance and expansion of the housing supply. Section 4 (Housing Plan) of the Housing Element presents a framework and strategy for meeting the needs of existing and future resident populations within the City based on the RHNA allocation of 4,845 new housing units. To comply with State law, the City must now implement the various strategies and programs outlined in Section 4 of the Housing Element no later than February 2025. The City is not required to build housing units to meet its RHNA allocation, only to establish the appropriate zoning designations and development standards to allow the private market to develop these units. 23-4 Ordinance Nos. 2024-16 and 2024-17, and Resolution Nos. 2024-50 to 2024-57 for the Necessary Amendments to Implement the 6th Cycle Housing Element and to Place the Major General Plan Amendment on the November 5, 2024 General Election Ballot Pursuant to City Charter Section 423; or Resolution No. 2024-58 to Initiate an Amendment to the 6th Cycle Housing Element July 23, 2024 Page 5 Of critical importance is that the City is required to ensure the continued and effective implementation of the Housing Element programs including, but not limited to, the provision of sufficient adequately zoned land to accommodate its share of the regional growth and its required share of lower income dwelling units consistent with the General Plan and RHNA obligations. The areas where rezoning is required are focused in five areas of the city, as displayed in Figure 1. Although Banning Ranch (now the Randall Preserve) was included as a housing opportunity due to existing development capacity in the current General Plan Land Use Element, it is not being considered as an opportunity site that counts toward meeting the City's RHNA allocation. 'll Airport Area Banning Ranch West Newport Y x Mesa Dover - Westciiff Newport Coyote F* Center Canyon A 0 ' _. NORTH %Iles K11 Figure 1, Focus Areas for Residential Development Overview of Implementing Amendments The City Council's adoption of the 6th Cycle Housing Element in September 2022, and HCD's certification of statutory compliance in October 2022, created a roadmap for the City to comply with State law as it relates to housing. The proposed updates to the General Plan, Title 20 (Planning and Zoning), Local Coastal Program, and Title 21 (Local Coastal Program Implementation Plan) are crucial to the Housing Element's planned implementation. The amendments will collectively help to ensure the City's Housing Element remains compliant, thereby providing for retention of local development control. They will also provide greater clarity for prospective private developers while affording the opportunity for diverse housing options that meet the needs of the City, as identified by the RHNA allocation. 23-5 Ordinance Nos. 2024-16 and 2024-17, and Resolution Nos. 2024-50 to 2024-57 for the Necessary Amendments to Implement the 6t" Cycle Housing Element and to Place the Major General Plan Amendment on the November 5, 2024 General Election Ballot Pursuant to City Charter Section 423; or Resolution No. 2024-58 to Initiate an Amendment to the 6th Cycle Housing Element July 23, 2024 Page 6 An in-depth and detailed project description has been prepared as Section 3.0 (Project Description) of the Draft Program Environmental Impact Report (Draft PEIR), which is digitally attached to this staff report as Exhibit "A" to Attachment A, due to size and made available online at www.newportbeachca.gov/CEQA within the "Housing Implementation Program EIR (PA2022-0245)" folder. The three primary implementing actions are described below. 1) General Plan Land Use Element Amendment The Land Use Element is a guide for the City's future development. Its goals and policies help to guide the distribution and general location of land uses, such as residential, services, retail, open space, recreation, and public uses. The Land Use Element also addresses the permitted density and intensity of the various land use categories. The first step in the Housing Element's implementation is to revise the necessary goals and/or policies within the Land Use Element to support housing production in the focus areas identified by the Housing Element. City staff worked in collaboration with the City Council -appointed General Plan Update Steering Committee and the General Plan Advisory Committee to create draft revisions to the Land Use Element. The proposed amendments to the Land Use Element include both revised policies and a series of new policies to implement the Housing Element in accordance with its policy actions. The new Land Use Element Policies 4.4 through 4.7 serve to allow for potential residential development in areas that do not necessarily allow it currently. Each of the new policies are summarized in Table 1 below. Table 1, General Plan Land Use Element New Policies Policy Effect LU 4.4 (Rezoning to Accommodate Supports the creation of the Housing Opportunity Overlay Zoning Housing Opportunities) Districts and provides guidance on associated development limits for each focus area. LU 4.5 (Residential Uses and Residential Clarifies that residential use of identified properties is allowed Densities) regardless of and in addition to the underlying land use category or density. Identifies the maximum density in Policy 4.4 as an average across an entire property or project site. Furthermore, this Policy clarifies that development limits do not include units that are produced pursuant to State density bonus law or current pipeline units. LU 4.6 (Continuation of Existing Reinforces that residential development opportunities are in addition Development) to the existing uses allowed by the General Plan. The allowance for residential does not require development as residential nor does it create nonconforming conditions. LU 4.7 (Redevelopment and Transfer of Works in conjunction with current Policy 4.3 (Transfer of Development Development Rights) Rights) and allows the transfer of development rights within the same statistical area when a property is redeveloped. For example, removing an office building for a residential development would free up the net change in trips thereby allowing for additional nonresidential intensity on a neighboring site within the same statistical area. This condition will help to ensure the opportunity for adequate resident - serving commercial in newly development residential neighborhoods. 23-6 Ordinance Nos. 2024-16 and 2024-17, and Resolution Nos. 2024-50 to 2024-57 for the Necessary Amendments to Implement the 6th Cycle Housing Element and to Place the Major General Plan Amendment on the November 5, 2024 General Election Ballot Pursuant to City Charter Section 423; or Resolution No. 2024-58 to Initiate an Amendment to the 6th Cycle Housing Element July 23, 2024 Page 7 Attachment B provides additional justification for the proposed General Plan Land Use Element Amendment by way of a consistency analysis. 2) Title 20 (Planning and Zoning) Amendment To implement the Land Use Element's policy changes, the City must rezone identified properties to allow housing development as an opportunity and to establish appropriate development standards. The proposed amendment to Title 20 (Planning and Zoning) consists of two primary components. The first component is the proposed Housing Opportunity (HO) Overlay Zoning Districts, which would be applied to the housing opportunity sites identified in the Housing Element and in the Draft EIR. These sites generally include properties within the Airport Area, West Newport Mesa, Dove r-Westcliff, Newport Center, and Coyote Canyon. The second component is the proposed Multi -Unit Objective Design Standards. Each of the components are further described below. Housing Opportunity Overlay Zoning Districts An overlay zoning district is a regulatory tool that adds special provisions and regulations to a specific area. All proposed development within an overlay district must comply with the district's applicable development standards in addition to the base development standards unless specifically modified. As a part of the proposed implementation program, Chapter 20.28 (Overlay Zoning Districts) of the NBMC would be amended to include new Section 20.28.050 (Housing Opportunity (HO) Overlay Zoning Districts). The HO Overlay Zoning Districts are intended to accommodate housing opportunities consistent with the Housing Element's focus areas and to ensure the City maintains adequately zoned sites consistent with its RHNA allocation. Although the City's 6th Cycle RHNA allocation is 4,845 housing units, a total new rezoning development capacity of 8,174 units is being provided to include a buffer necessary to address future "no net loss"' of available sites and to preclude the need to identify replacement sites during the 6th Cycle implementation. The provisions of Section 20.28.050 would be applicable in whole or in part to the following focus areas with associated maximum development limits- 1 Pursuant to California Government Code Section 65863, the City must ensure its Housing Element opportunity sites inventory continues to always have capacity to accommodate the RHNA by income group throughout the planning period. This requires a careful accounting of development on the sites identified in the Housing Element and residential projects. Action by the City to modify development standards in a way that would result in a lower density, limit or stop development on sites identified in the inventory, exchange sites in the inventory, or downzone sites would trigger No Net Loss unless the City can make the required findings or identify alternative sites. The buffer helps to prevent the triggering of No Net Loss provisions. The lack of sites to accommodate the jurisdiction's RHNA represents a fundamental alteration to the City's ability to meet Housing Element Law. 23-7 Ordinance Nos. 2024-16 and 2024-17, and Resolution Nos. 2024-50 to 2024-57 for the Necessary Amendments to Implement the 6t" Cycle Housing Element and to Place the Major General Plan Amendment on the November 5, 2024 General Election Ballot Pursuant to City Charter Section 423; or Resolution No. 2024-58 to Initiate an Amendment to the 6th Cycle Housing Element July 23, 2024 Page 8 HO-1: Airport Area (2,577 units) HO-2: West Newport Mesa (1,107 units) HO-3: Dover-Westcliff (521 units) HO-4: Newport Center (2,439 units) HO-5: Coyote Canyon (1,530 units) HO-6: 5t" Cycle Sites Properties identified within HO-1, HO-2, HO-3, HO-4, and HO-5 Overlay Zoning Districts would be eligible for special development standards that are conducive to residential development at the prescribed average density range. These standards include, but are not limited to, minimum lot area, setbacks, height, open space, landscaping, and parking. The allowable uses are those that are permitted or conditionally permitted in the base zone, as well as multiple -unit residential and mixed -use developments that meet the density requirements and development standards of each HO Overlay Zoning District. A critical component of the HO Overlay Zoning Districts is the development limits, which are included with the list above for reference and align with the housing strategy for each focus area. These limits are intended to be an additional opportunity on top of current intensity and density allowances allowed by the General Plan. As drafted, the development limits will only be drawn down with base residential units. Units that are produced through State density bonus law or other State provisions (e.g., Senate Bill 6 and accessory dwelling units) will not be counted against the development limits. Furthermore, current prospective developments identified as pipeline projects and those projects that have been applied for prior to the effective date of these HO Overlay Zoning Districts are also not counted against the development limits. It is important to note that, as required by California Government Code Section 65584.2(h) and Section 65584.2(i), any residential or mixed -use development in an HO Overlay Zoning District that includes a minimum of 20% of the units reserved for low- and very -low income residents would not require discretionary review and would instead be allowed by -right, subject to the development standards and Objective Design Standards described in the next section. Developments meeting these criteria would also require an Affordable Housing Implementation Plan (AHIP) that stipulates a minimum 30-year affordability covenant and requires affordable units to be dispersed throughout a project and reflect the range of bedrooms and interior finishes that are features on market -rate units. The HO-6 Overlay Zoning District is only listed to provide for a by -right review process for residential development on the prior 5t" Cycle Housing Element sites. These are sites that are already zoned for residential development and were included in the 5t" Cycle Housing Element, but which have not yet been redeveloped. They will simply be carried forward at the existing densities provided by current zoning. Sites within this HO-6 Overlay Zoning District are not provided additional density or modified development standards beyond the base zoning standards currently in place. 23-8 Ordinance Nos. 2024-16 and 2024-17, and Resolution Nos. 2024-50 to 2024-57 for the Necessary Amendments to Implement the 6t" Cycle Housing Element and to Place the Major General Plan Amendment on the November 5, 2024 General Election Ballot Pursuant to City Charter Section 423; or Resolution No. 2024-58 to Initiate an Amendment to the 6th Cycle Housing Element July 23, 2024 Page 9 Attachment C provides additional justification for the proposed amendments to Title 20. Exhibit "B" of this attachment shows the proposed development standards for the five housing opportunity areas (HO-1 through HO-5) and the by -right approval process for HO-6, which will be incorporated into Chapter 20.28 (Overlay Zoning Districts). Objective Design Standards Under new State housing laws (i.e., Senate Bill 35 — Housing Accountability Act, Senate Bill 330 — Housing Crisis Act, Senate Bill 6, and Assembly Bill 2011), the City is prevented from enforcing subjective development standards and is required to permit certain housing development projects meeting minimum affordability criteria by -right. Therefore, it is important to create a set of objective design standards that provide certainty of compliance for housing developers while fostering good design and maintaining the character of Newport Beach. For example, the City is not allowed to include subjective standards in this document, such as requirements for "quality architecture" or "compatible colors and window treatments." State housing law specifies having objective design standards (hereafter "ODS") available to apply to housing projects where the City's discretion over design review is otherwise preempted per State law. ODS are defined under State law as "standards that involve no personal or subjective judgement by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal" (California Government Code §65913.4). Housing Element Policy Action 3A requires the preparation and adoption of the City's own ODS. The proposed ODS are to be incorporated into Title 20 as Section 20.48.185 (Multi -Unit Objective Design Standards), which will be part of Chapter 20.48 (Standards for Specific Land Uses). The ODS will supplement the development standards of the HO Overlay Zoning Districts, as well as any base zoning requirements. ODS address items such as amount of window coverage on the ground floor of mixed -use buildings, size of entry porches, building articulations and modulation, building orientation, open space, storefront design, and similar standards. While there are existing development standards and proposed development standards under the HO Overlay Zoning District, the City's proposed ODS go further and ensure high quality development without too much prescriptiveness to help address atypical situations. Should a developer wish to deviate from the ODS, a waiver of design standards may be requested through a discretionary site development review by the Planning Commission when it can be demonstrated that compensating design and development features are provided that offset impacts associated with the waiver of standards. Alternatively, projects that include affordable or special needs housing that are eligible for a density bonus may also request development standard waivers. 23-9 Ordinance Nos. 2024-16 and 2024-17, and Resolution Nos. 2024-50 to 2024-57 for the Necessary Amendments to Implement the 6t" Cycle Housing Element and to Place the Major General Plan Amendment on the November 5, 2024 General Election Ballot Pursuant to City Charter Section 423; or Resolution No. 2024-58 to Initiate an Amendment to the 6th Cycle Housing Element July 23, 2024 Page 10 Attachment D provides additional justification for the proposed ODS. Exhibit "B" of this attachment contains the proposed draft ODS. 3) Local Coastal Program Amendment The LCP consists of the Coastal Land Use Plan (CLUP) and the Implementation Plan, which is Title 21 (Local Coastal Program Implementation Plan) of the NBMC. The CLUP sets forth goals, objectives, and policies that govern the use of land and water in the coastal zone within the city and its sphere of influence, except for Newport Coast and Banning Ranch. Title 21 provides the zoning and development standards for those properties within the Coastal Zone. The proposed amendments serve to implement the Housing Element strategy for properties that are within the Coastal Zone. They are complementary to the General Plan Land Use Element and include updated and new policies to implement the Housing Element programs and strategies. They are also complementary to the amendments proposed for Title 20. The new CLUP policies are listed in Table 2 below. Table 2, Coastal Land Use Plan New Policies Policy Effect Policy 2.1.11-1 Supports the creation of the Housing Opportunity Overlay Coastal Zoning Districts and provides guidance on associated development limits for each focus area. Policy 2.1.11-2 Clarifies that residential use of identified properties is allowed regardless of and in addition to the underlying land use category or density. Furthermore, this policy clarifies that development limits do not include units that are produced pursuant to State density bonus law or current pipeline units. Policy 2.1.11-3 Reinforces that residential development opportunities are in addition to the existing uses allowed by the General Plan. The allowance for residential does not require development as residential nor does it create nonconforming conditions. Policy 2.1.11-4 Requires consistency with other Implementation Plan requirements, including a coastal development permit, and compliance with established procedures to grant relief from standards, such as a coastal modification or coastal variance. The amendment to Title 21 includes the addition of the new Housing Opportunity (HO) Overlay Coastal Zoning Districts along with its corresponding development standards for the various overlay districts. While the new HO Overlay Coastal Zoning Districts will allow for a new residential development opportunity where it may not be allowed today, it is important to identify that a coastal development permit will still be required for any development project in the Coastal Zone. 23-10 Ordinance Nos. 2024-16 and 2024-17, and Resolution Nos. 2024-50 to 2024-57 for the Necessary Amendments to Implement the 6th Cycle Housing Element and to Place the Major General Plan Amendment on the November 5, 2024 General Election Ballot Pursuant to City Charter Section 423; or Resolution No. 2024-58 to Initiate an Amendment to the 6th Cycle Housing Element July 23, 2024 Page 11 Attachment E provides additional justification for the proposed LCP Amendments. Exhibits "B" and "C" of this attachment include the proposed amendments to the Coastal Land Use Plan's policies, as well as to Title 21 of the NBMC. The standards address typical development standards including, but not limited to, height, setbacks, open space, landscaping, and parking. Charter Section 423 Vote A successful vote of the electorate is required for any major amendment to the City's General Plan pursuant to City Charter Section 423 and its implementing guidelines. A "major amendment" is one that significantly increases the maximum amount of traffic that allowed uses could generate, or significantly increases allowed density or intensity. "Significantly increases" means over 100 peak hour trips (traffic), or over 100 dwelling units (density), or over 40,000 square feet of floor area (intensity). The thresholds apply to the total of 1) Increases resulting from the amendment itself, plus 2) 80% of the increases resulting from other amendments affecting the same neighborhood and adopted within the preceding 10 years. Due to the broad and speculative nature of the implementation amendments across several statistical areas, City staff prepared Table 3 in a cumulative fashion by focus area, and without consideration of the previous increases. Table 3, Potential Charter Section 423 Increases and Affected Statistical Areas Focus Area Affected Statistical Areas Dwelling Peak Hour Peak Hour Units Trips (AM)' Trips (PM)' Airport Area J5, J6, and L4 2,577 1,031 1,314 West Newport Mesa Al, A2, and A3 1,107 443 565 Dover-Westcliff 135, 1-13, 1-14, and J2 521 208 266 Newport Center F1, G 1, K1, 1-1, L2 and M6 2,439 976 1,244 Coyote Canyon Not Identified 1,530 612 780 (1) Conservatively uses the "ITE Trip Gen Land Use 220: Multifamily Housing (Low Rise) Not Close to Rail' trip generation rate, consistent with the provisions of City Council Policy A-18 (Guidelines for Implementing Charter Section 423. This land use category in the ITE Manual references residential developments up to three levels At the City Council Study Session on July 9, 2024, the City Council discussed whether a vote under Charter Section 423 is appropriate given the 6th Cycle Housing Element and its implementation are mandated under State Housing Element Law. If the City Council proceeds with Option No. 1 and determines the provisions of Charter Section 423 are not precluded by State law, then the proposed amendment is considered a major amendment due to increases in both density and trips across all affected statistical areas. Accordingly, the proposed General Plan Land Use Element amendment would not take effect unless it has been submitted to the voters and approved by a majority of those voting on it. 23-11 Ordinance Nos. 2024-16 and 2024-17, and Resolution Nos. 2024-50 to 2024-57 for the Necessary Amendments to Implement the 6t" Cycle Housing Element and to Place the Major General Plan Amendment on the November 5, 2024 General Election Ballot Pursuant to City Charter Section 423; or Resolution No. 2024-58 to Initiate an Amendment to the 6th Cycle Housing Element July 23, 2024 Page 12 Given the February 2025 deadline for implementation of the zoning actions, City staff has been working to bring the matter to a ballot vote as part of the November 5, 2024 General Election. Pursuant to Housing Element Section 4 (Housing Plan), a failed vote should result in the City's pursuit of a second ballot vote with a revised approach that lessens the amount of development proposed to meet the RHNA allocation. However, this approach anticipated an initial ballot vote in March 2024, and there is no longer time to conduct a second ballot vote and meet the February 2025 deadline for implementation. It is further important to note that any reduced development would also reopen the Housing Element for HCD review and require revisions to all implementing documents. As outlined in Section 4, should the second ballot vote fail, the City would request an opinion from the State Attorney General's Office to determine the City's options for compliance. Accordingly, a failed vote on November 5, 2024, will significantly jeopardize the City's ability to meet the stated February 2025 deadline for implementation, and is almost inevitable to result in loss of compliance with State Housing Element Law. Should the City Council proceed with Option No. 2 and determine that a vote of the electorate pursuant to Charter Section 423 is precluded by State law, then the following section of this staff report ("November 5, 2024, General Municipal Election Process") is no longer applicable or relevant. Instead, the City Council will adopt the draft resolution included at the back of this staff report as Attachment O. This action would delay the adoption of the General Plan Land Use Amendment and related legislative amendments. City staff would immediately work with HCD on completing a narrowly focused review of the revisions to remove the Charter Section 423 vote as a constraint from Section 3 (Housing Constraints, Resources, and Affirmatively Furthering Fair Housing) and as an implementation action from Section 4. After HCD review and assurance that the proposed amendment would not affect the City's compliant status, City staff would return with both the amendment to the Housing Element and the General Plan Land Use Amendment and related legislative amendments to complete the implementation ahead of the February 2025 deadline. November 5, 2024, General Municipal Election Process Attachment G calls a General Municipal Election on November 5, 2024, for the purpose of placing the amendments to the General Plan Land Use Element on the ballot; and Attachment H requests a consolidated election with the County of Orange for the purpose of presenting the ballot measure to the electorate. Attachment I directs the City Attorney to prepare an impartial analysis of the ballot measure showing the effect of the ballot measure on existing law. The analysis shall not exceed 500 words in length and the deadline to submit the impartial analysis to the elections official is 5:30 p.m. on Monday, July 29, 2024. The 10 calendar day examination period for the impartial analysis shall commence on Tuesday, July 30, 2024, and end on Thursday, August 8, 2024. 23-12 Ordinance Nos. 2024-16 and 2024-17, and Resolution Nos. 2024-50 to 2024-57 for the Necessary Amendments to Implement the 6t" Cycle Housing Element and to Place the Major General Plan Amendment on the November 5, 2024 General Election Ballot Pursuant to City Charter Section 423; or Resolution No. 2024-58 to Initiate an Amendment to the 6th Cycle Housing Element July 23, 2024 Page 13 The Elections Code allows arguments to be submitted for ballot measures and Section 9287 establishes priorities as to which argument is chosen for printing by the election official if two or more arguments are submitted in favor of or against a measure. Although some types of measures give the Council automatic first priority to file arguments, if it is the Council's desire to ensure that it has first priority in submitting arguments, formal action is required (Attachment J). The direct arguments shall not exceed 300 words in length and requires that at least one, but not more than five, persons sign it. For Councilmembers, not more than three signatures are allowed. The deadline for submitting direct arguments is 5:30 p.m. on Tuesday, August 6, 2024, and the 10 calendar day examination period for the direct arguments shall commence on Wednesday, August 7, 2024, and end on Friday, August 16, 2024. In selecting the argument, the election official shall give preference and priority, in the order named, to the arguments of the following: A. the legislative body, or member or members of the legislative body authorized by that body; B. The individual voter, or bona fide association of citizens, or combination of voters; and associations, who are the bona fide sponsors or proponents of the measure C. Bona fide associations of citizens; or D. Individual voters who are eligible to vote on the measure. Rebuttal arguments must be filed not more than 10 days after the deadline for filing direct arguments, or 4:30 p.m. on Friday, August 16, 2024, and are limited to no more than 250 words. Any rebuttal argument received the election official will be made available in the City Clerk's Office for public examination during the 10 calendar day period commencing on Saturday, August 17, 2024, and ending on Monday, August 26, 2024. The resolution relative to rebuttal arguments is included as Attachment J. Public Outreach and Review In early 2023, City staff began to work closely with the General Plan Update Steering Committee (GPUSC), the General Plan Advisory Committee (GPAC), and GPAC's Land Use Element Subcommittee to formulate initial policy revisions for the General Plan Land Use Element. The draft revisions were reviewed at three GPUSC meetings, three GPAC meetings, and four GPAC Land Use Subcommittee meetings. In June and July 2023, the City began work on the Draft Program Environmental Impact Report (DPEIR) for the project. This is discussed in more detail beneath the "environmental review" header. 23-13 Ordinance Nos. 2024-16 and 2024-17, and Resolution Nos. 2024-50 to 2024-57 for the Necessary Amendments to Implement the 6t" Cycle Housing Element and to Place the Major General Plan Amendment on the November 5, 2024 General Election Ballot Pursuant to City Charter Section 423; or Resolution No. 2024-58 to Initiate an Amendment to the 6th Cycle Housing Element July 23, 2024 Page 14 In August 2023, the City released initial draft versions of the General Plan Land Use Element revisions, Housing Opportunity (HO) Overlay Zoning Districts, and Multi -Unit Objective Design Standards for public review and comment. On September 21, 2023, the Planning Commission conducted a study session to review these implementing components. Some of the commissioners expressed concern regarding overly restrictive Objective Design Standards and suggested broadening them to provide for more latitude for atypical sites. Based on input received from the Planning Commission and various community stakeholders, the drafts were revised and reposted on January 16, 2024. On February 12, 2024, the City released the Draft EIR for a 46-day public review and comment period. On February 13, 2024, the City Council held a study session to receive an update on the Housing Element's implementation. Based on input received from various community stakeholders, the drafts of implementing amendments were once again revised and reposted on March 29, 2024. At this time, the City also prepared a draft of the Local Coastal Program Amendments for review and published initial drafts of the HO Overlay Zone maps. Potential Consequences of Missing the February 2025 Deadline Implementation of the Housing Element's rezonings by the February 2025 mandated deadline is of critical importance to maintain a compliant Housing Element. Should the matter proceed to a Charter Section 423 vote, and the vote fails, the Housing Element may be considered non -compliant with State housing law. This would enable developers of affordable housing projects to have their residential projects approved as a "builder's remedy" in accordance with the Housing Accountability Act allowing higher density housing on any site, including those not identified as housing opportunity sites in the Housing Element, and effectively circumventing well established height limits, density limits, and other regulations designed to ensure development is consistent with the City's Vision Statement of the General Plan. Beyond builder's remedy projects, further ramifications could include, but are not limited to, increased exposure to public and private litigation, loss of permitting authority, financial penalties including substantial monthly fines, loss of eligibility for state and regional funding sources, court receivership, and increased exposure to monitoring by the newly formed Housing Accountability Unit of HCD. Planning Commission Review and Recommendation On April 18, 2024, the Planning Commission considered and recommended the City Council approve the Amendments. The April 18, 2024, Planning Commission staff report, Planning Commission minutes excerpt, and Planning Commission Resolution No. PC2024-006 are all included as Attachment K. 23-14 Ordinance Nos. 2024-16 and 2024-17, and Resolution Nos. 2024-50 to 2024-57 for the Necessary Amendments to Implement the 6t" Cycle Housing Element and to Place the Major General Plan Amendment on the November 5, 2024 General Election Ballot Pursuant to City Charter Section 423; or Resolution No. 2024-58 to Initiate an Amendment to the 6th Cycle Housing Element July 23, 2024 Page 15 Oranae Countv Airport Land Use Commission (ALUC) Override Section 4.3 of the AELUP and Section 21676(b) of the California Public Utilities Code (CPUC) require the City to submit legislative amendments to the ALUC for a determination of consistency with the AELUP. ALUC conducted a hearing on the Amendments at its May 16, 2024, meeting and found them inconsistent with the AELUP. ALUC's staff report and determination letter are included as Attachment L. On May 28, 2024, consistent with CPUC Sections 21670 and 21676, the City Council held a duly noticed public hearing and adopted Resolution No. 2024-32, containing findings necessary to override the ALUC determination. On May 29, 2024, a notice of intent to override, along with Resolution No. 2024-32, were sent via certified mail and emailed to ALUC and to the California Department of Transportation, Aeronautics Program. The City received timely comments from the Aeronautics Program on June 21, 2024, and from ALUC on June 28, 2024, which are summarized under the individual sub headings below. Both letters are attached and incorporated by reference in the draft resolution for overriding (Attachment F). The facts in support of the findings provided in Exhibit "D" to that resolution adequately address the comments received. As previously noted, overriding the ALUC determination and adopting the proposed Amendments requires a two-thirds majority vote of the Council to be effective. Aeronautics Program The Aeronautics Program primarily echoed ALUC's concerns with locating housing near John Wayne Airport, and in higher noise areas or less desirable safety zones. ALUC Comments ALUC reiterated its determination of inconsistency due to concerns of airport noise, safety, and overflight impacts. ALUC further suggested that the ALUC is comprised of pilots and individuals who are best qualified to further the objectives of the John Wayne Airport while upholding the spirit and intent of the AELUP. Minor Language Changes Since Planning Commission and ALUC Review Four immaterial changes were made to proposed Land Use Element Policies 3.3, 4.4, and 4.5 to provide additional guidance and clarity, and one immaterial change was made to Footnote 1 for Table 2-16 of Section 20.28.050 (Housing Opportunity [HO] Overlay Zoning Districts) to define more clearly "Pipeline Units." These changes are provided in redline -strikeout format in Attachment M to this staff report. 23-15 Ordinance Nos. 2024-16 and 2024-17, and Resolution Nos. 2024-50 to 2024-57 for the Necessary Amendments to Implement the 6t" Cycle Housing Element and to Place the Major General Plan Amendment on the November 5, 2024 General Election Ballot Pursuant to City Charter Section 423; or Resolution No. 2024-58 to Initiate an Amendment to the 6th Cycle Housing Element July 23, 2024 Page 16 FISCAL IMPACT: Recommended Options Should the City Council proceed with Option No. 1, funding has been budgeted to conduct the November 5, 2024, General Municipal Election. Should the City Council proceed with Option No. 2, there are no further funding requirements. Housing Element Implementation Program Amendments Pursuant to General Plan Implementation Program 12.1, a fiscal impact analysis was prepared for the Housing Element Implementation Program Amendments by Keyser Marston Associates (KMA) dated July 9, 2024 (Fiscal Impact Analysis). As there are no specific projects proposed and the dwelling unit capacity added through implementation does not contemplate any replacement of existing uses, KMA's evaluation is highly conservative and theoretical. The Fiscal Impact Analysis has been provided as Attachment N to this staff report. In summary, KMA found the following: • Rents, sales prices and assessed values in the city are all very high, benefiting General Fund revenues. • Total buildout of all the potential residential would have a net negative impact on the City's General Fund; however, this may be mitigated if projects continue to be developed at higher price points. • The replacement of land uses that generate minimal public revenues can offset the negative impact of the residential. For example, the recently approved 1400 Bristol Street project demonstrates that office development can have a net negative impact on the General Fund and higher rents/values can significantly reduce the residential impact to the General Fund. • Cities will often adopt a development fee program, negotiate development agreements, and pursue other methods to mitigate the fiscal impact of residential development. KMA understands the City is currently preparing a development fee program, which could potentially offset some of the projected impacts. ENVIRONMENTAL REVIEW: Program Environmental Impact Report (PEIR) Prior to considering approval, the City Council must first review, consider and certify the Program Environmental Impact Report (PEIR) identified by State Clearinghouse Number (SCH No.) 2023060699. 23-16 Ordinance Nos. 2024-16 and 2024-17, and Resolution Nos. 2024-50 to 2024-57 for the Necessary Amendments to Implement the 6t" Cycle Housing Element and to Place the Major General Plan Amendment on the November 5, 2024 General Election Ballot Pursuant to City Charter Section 423; or Resolution No. 2024-58 to Initiate an Amendment to the 6th Cycle Housing Element July 23, 2024 Page 17 The City contracted with Kimley-Horn & Associates, Inc. (Kimley-Horn), a well -qualified planning and environmental consulting firm, to prepare the Draft Program Environmental Impact Report (Draft PEIR) for implementation in accordance with CEQA and the CEQA Guidelines. A copy of the Draft PEIR was made available on the City's website, at each Newport Beach Public Library location, and at the Community Development Department. Given the wide -sweeping and programmatic nature of the Draft PEIR, all topics to potentially be evaluated under CEQA were analyzed. It is further important to highlight that the analyses conducted for the Draft PEIR were highly conservative and assumed full build -out of the entire housing development capacity without any consideration for removal and replacement of existing development. While a robust discussion is provided in the Draft PEIR, the following Table 4 provides a quick summary of the outcome for the analyses conducted under each topical area. Table 4, Summary of Significant Impacts and Mitigation Program Topic Aesthetics Air Quality Biological Resources Cultural Resources Energy Geology and Soils Greenhouse Gas Emissions Level of Significance Significant and Unavoidable Significant and Unavoidable Less Than Significant Significant and Unavoidable Less Than Significant Less Than Significant Significant and Unavoidable Hazards and Hazardous Less Than Significant Materials Hydrology and Water Less Than Significant Quality Land Use and Planning Noise Population and Housing Public Services Recreation Less Than Significant Significant and Unavoidable Less Than Significant Less Than Significant Less Than Significant Notes No feasible mitigation measures to reduce to less than significant for Banning Ranch only. No mitigation required for other focus areas. No feasible mitigation measures to reduce to less than significant. Implementation of standard conditions and mitigation measures. No feasible mitigation measures to reduce to less than significant given the unknown and speculative locations of development, and the potential loss of buildings that are 50 years old and older. Implementation of current regulations. Implementation of current regulations. No feasible mitigation measures to reduce to less than significant. Implementation of current regulations. Implementation of current regulations. Implementation of current regulations. For roadway noise, no feasible mitigation measures to reduce to less than significant for one segment only (Campus Drive from MacArthur Boulevard to Von Karman Avenue). Implementation of current regulations. Implementation of current regulations. Implementation of current regulations. 23-17 Ordinance Nos. 2024-16 and 2024-17, and Resolution Nos. 2024-50 to 2024-57 for the Necessary Amendments to Implement the 6t" Cycle Housing Element and to Place the Major General Plan Amendment on the November 5, 2024 General Election Ballot Pursuant to City Charter Section 423; or Resolution No. 2024-58 to Initiate an Amendment to the 6th Cycle Housing Element July 23, 2024 Page 18 Topic Transportation Tribal Cultural Resources Utilities Wildfire Level of Significance Less Than Significant Less Than Significant Significant and Unavoidable Less Than Significant Notes Implementation of current regulations and a mitigation measure. Implementation of standard conditions and mitigation measures. Related to availability of water, no feasible mitigation measures to reduce to less than significant. Implementation of current regulations and a mitigation measure. All standard conditions, current regulations, and required mitigation measures are identified in the Mitigation Monitoring and Reporting Program, which is included in Exhibit "C" of Attachment A. The Draft PEIR document was released for a 46-day public comment period from February 12, 2024, through March 28, 2024. Staff received seven comment letters on the Draft PEIR from agencies and members of the public. Kimley-Horn has worked with City staff to prepare detailed written responses to each of the comments received on the adequacy of the Draft PEIR. Corrections and additions to the Draft EIR are also provided to incorporate additional or revised information required for the preparation of responses to certain comments. The revisions do not alter any conclusions for level of significance disclosed in the Draft PEIR, and therefore, do not warrant recirculation of the Draft PEIR for public review. The revisions to the Draft PEIR will be incorporated into the Final PEIR, if certified. The Draft PEIR reflects the independent judgment of the City and recognizes project design features, standard construction and engineering practices, compliance with federal, state and local laws, and standard conditions of approval for projects within the city. On the basis of the analyses provided in the Draft PEIR, City staff has concluded that full build out of the project without consideration of removal or replacement of existing development would potentially have a significant impact on the environment. However, there are overriding considerations to consider given the programmatic nature of this document and the mandated planning exercise for the 6t" Cycle RHNA allocation under State law. In that, the project's benefits and the City's retention of local development and land use control outweigh the potential impacts. Tribal Consultation Pursuant to Senate Bill 18 (SB 18), the City requested a Sacred Lands File (SLF) search on the project location from the Native American Heritage Commission (NAHC) on March 5, 2023. 2 A major consideration for the topic of Transportation is the concept of Vehicle Miles Traveled or "VMT." Based on a comprehensive VMT analysis prepared by Urban Crossroads and reviewed by the City Traffic Engineer, the project results in an overall decrease of 0.6 VMT/Service Population. While VMT increases, the population near job -rich areas in the City also increases, thereby resulting in a reduction of VMT per capita and no significant impact from a CEQA standpoint. 23-18 Ordinance Nos. 2024-16 and 2024-17, and Resolution Nos. 2024-50 to 2024-57 for the Necessary Amendments to Implement the 6t" Cycle Housing Element and to Place the Major General Plan Amendment on the November 5, 2024 General Election Ballot Pursuant to City Charter Section 423; or Resolution No. 2024-58 to Initiate an Amendment to the 6th Cycle Housing Element July 23, 2024 Page 19 On March 22, 2023, the NAHC responded that the findings of the search were positive and identified 19 Native American tribal representatives to contact for further information on potential tribal resources. To comply with both the requirements of SB 18 and Assembly Bill 52 (AB 52), the City mailed and emailed notices regarding the proposed project to all listed tribes. The City received a response from only one representative of the Gabrieleno Band of Mission Indians — Kizh Nation expressing no concerns on the project given its programmatic nature, but also expressing a desire to be consulted on future individual projects. Level of Service Analvsis Although a Level of Service (LOS) traffic study is no longer required for the purpose of CEQA, nor is it required for the Housing Element Implementation Program Amendments, the City has prepared the Housing Element Transportation Analysis (Analysis) consistent with the methodology prescribed by the City's Traffic Phasing Ordinance. The Analysis serves as a reference document to provide additional information regarding potential traffic conditions related to the implementation of the Housing Element. The Analysis is available on the City's website using the following link: https://www.newportbeachca.gov/home/showpublisheddocument/74436/638458397515 200000. Much like the PEIR, the Analysis is a highly conservative, "worst -case" analysis in that it assumes full build -out of all units occurring without removal or redevelopment of any existing development. In reality, development of the new housing units will likely occur through redevelopment of existing nonresidential uses (e.g., office, retail, etc.) helping to offset vehicular trips. Furthermore, the Analysis notes that the introduction of residential into an area with predominantly existing employment uses will help to balance the land uses in the area, such that traffic volume increases may not be as substantial as expected. Even with this highly conservative scenario, the Analysis concludes that only six of the study intersections are projected to potentially experience unacceptable conditions. These include the following: • Superior Avenue at Coast Highway (AM) • Riverside Avenue at Coast Highway (AM/PM) • Tustin Avenue at Coast Highway (AM) • Irvine Avenue at University Drive (AM/PM) • SB Newport Boulevard Off -Ramp at Coast Highway (AM) • Orange at Coast Highway (AM) 23-19 Ordinance Nos. 2024-16 and 2024-17, and Resolution Nos. 2024-50 to 2024-57 for the Necessary Amendments to Implement the 6th Cycle Housing Element and to Place the Major General Plan Amendment on the November 5, 2024 General Election Ballot Pursuant to City Charter Section 423; or Resolution No. 2024-58 to Initiate an Amendment to the 6th Cycle Housing Element July 23, 2024 Page 20 Of these six intersections, the three bolded are expected to operate at acceptable levels of service based on future improvements already identified in the General Plan. The Analysis provides recommendations that facilitate improved levels of service for the remaining three intersections. NOTICING: Given the citywide nature of this activity, notice of this hearing was published in the Daily Pilot in a one -eighth -page format at least 10 days before the scheduled meeting, consistent with Section 20.62.020(B)(2)(c) of the NBMC. Additionally, the item appeared on the agenda for this meeting, which was posted at City Hall and on the City website. ATTACHMENTS: Attachment A — Resolution No. 2024-50 Certifying the PEIR Attachment B — Resolution No. 2024-51 Amending the General Plan Land Use Element Attachment C — Ordinance No. 2024-16 Amending Title 20 (Planning and Zoning) for Overlays Attachment D — Ordinance No. 2024-17 Amending Title 20 (Planning and Zoning) for Multi -Unit Objective Design Standards Attachment E — Resolution No. 2024-52 Authorizing Submittal of the Local Coastal Program Amendment Attachment F — Resolution No. 2024-53 Overruling ALUC Attachment G — Resolution No. 2024-54 Calling Election Attachment H — Resolution No. 2024-55 Requesting Consolidation Attachment I — Resolution No. 2024-56 Filing Written Arguments and Directing the City Attorney to Prepare an Impartial Analysis Attachment J — Resolution No. 2024-57 Providing for the Filing of Rebuttal Arguments Attachment K — April 18, 2024 Planning Commission Staff Report, Minutes Excerpts, and Resolution No. 2024-006 Attachment L — May 16, 2024, ALUC Staff Report and Corresponding Action Letter Attachment M — Minor Language Changes Since Planning Commission and ALUC Review Attachment N — Fiscal Impact Analysis Attachment O — Resolution No. 2024-58 Initiating an Amendment to the 6th Cycle Housing Element 23-20 Attachment A Resolution No. 2024-50 Certifying the PEIR 23-21 RESOLUTION NO. 2024- 50 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, CERTIFYING ENVIRONMENTAL IMPACT REPORT (STATE CLEARINGHOUSE SCH NUMBER 2023060699), INCLUDING A MITIGATION MONITORING AND REPORTING PROGRAM AND ADOPTING FINDINGS, AND A STATEMENT OF OVERRIDING CONSIDERATIONS RELATED TO THE HOUSING ELEMENT IMPLEMENTATION PROGRAM INVOLVING AMENDMENTS TO THE GENERAL PLAN, COASTAL LAND USE PLAN, AND TITLE 20 (PLANNING AND ZONING) AND TITLE 21 (LOCAL COASTAL PROGRAM IMPLEMENTATION PLAN) OF THE NEWPORT BEACH MUNICIPAL CODE (PA2022-0245) 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 Consttitution, 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, California Government Code Section 65580 of seq. ("State Housing Element Law") requires each city and county adopt a housing element that identifies and analyzes existing and projected housing needs within their jurisdiction and prepare goals, policies, and programs, and quantified objectives to further the development, improvement, and preservation of housing; WHEREAS, the City of Newport Beach ("City") General Plan Land Use Element is a mandatory element that governs the ultimate pattern of development and requires updating as necessary for consistency with other General Plan elements; WHEREAS, every eight years, State Housing Element Law requires the City to update its General Plan Housing Element to identify and analyze existing and projected housing needs for the City along with a housing plan that provides adequate land use capacity to meet those needs; WHEREAS, the City was assigned a Regional Housing Needs Assessment ("RHNA") allocation of 4,845 new units as its projected housing need forthe planning period covering 2021-2029 and, as a result, the City worked diligently to prepare its 6t" Cycle Housing Element in compliance with state law; 23-22 Resolution No. 2024- Page 2 of 8 WHEREAS, preparation of the 6th Cycle Housing Element involved extensive public participation with community groups at numerous workshops, as well as meetings with the Planning Commission and City Council, and was assisted by an ad -hoc committee called the Housing Element Update Advisory Committee ("HEUAC") formed and appointed by the City Council; WHEREAS, after several meetings with the State Department of Housing and Community Development ("HCD") and numerous drafts, the City Council adopted the final 6th Cycle Housing Element on September 13, 2022; WHEREAS, HCD certified the City's 6th Cycle Housing Element on October 5, 2022, as statutorily compliant with state law; WHEREAS, Section 4 (Housing Plan) of the 6th Cycle Housing Element presents a framework and strategy for meeting the needs of existing and future resident populations in Newport Beach based on the RHNA allocation of 4,845 new housing units, the "fair share" of regional housing need and demand, by planning for units within the following site groupings or "focus areas" that are best suited for residential growth, Airport Area Environs, West Newport Mesa, Newport Center, Dover/Westcliff, and Coyote Canyon; WHEREAS, the 6t" Cycle Housing Element opportunity sites are to be rezoned per Housing Element Policy Actions 1A through 1 F to accommodate the City's RHNA obligation, including a buffer necessary to address future "no net loss" of available sites and to preclude the need to identify replacement sites during implementation; WHEREAS, the rezoning includes the establishment of overlay zoning districts and accompanying development standards, as well as corresponding amendments to the General Plan Land Use Element and the Local Coastal Program; WHEREAS, to comply with state law, the City has been working diligently to implement the 6th Cycle Housing Element no later than February 2025 (" 6th Cycle Housing Element Implementation"), which requires the following amendments and actions: • General Plan Amendment ("GPA") - To revise the necessary goals and/or policies within the City's Land Use Element to support housing production in the focus areas identified by the 6th Cycle Housing Element; 23-23 Resolution No. 2024- Page 3 of 8 • Amendment to Title 20 (Planning and Zoning) ("ZCA") - To implement the Land Use Element's policy changes by allowing housing development as an opportunity and establishing appropriate objective design and development standards for multi -unit residential and mixed -use development projects; • Local Coastal Program Amendment ("LCPA") - To revise and create new policies within the City's Coastal Land Use Plan and update Title 21 (Local Coastal Program Implementation Plan) of the Newport Beach Municipal Code ("NBMC") to support housing production in the focus areas identified by the 61h Cycle Housing Element that are within the Coastal Zone; and • Program Environmental Impact Report ("PEIR") (SCH No. 2023060699) - To analyze potential environmental impacts under the California Environmental Quality Act ("CEQA") related to the 6th Cycle Housing Element Implementation, a Draft Housing Element Implementation Program Amendments Program Environmental Impact Report ("Draft PEIR"), to address reasonably foreseeable environmental impacts resulting from the 6th Cycle Housing Element Implementation; WHEREAS, the 6th Cycle Housing Element Implementation must take effect by February 2025 to avoid significant penalties and loss of local control dictated by state law, which may include, but are not limited to: • Increased exposure to public and private litigation; • Loss of permitting authority; • Financial penalties including monthly fines of up to $600,000; • Loss of eligibility for state and regional funding sources; • Court receivership; • Allowing housing developers to bypass the City's zoning requirements; and • Increased exposure to monitoring by the newly formed Housing Accountability Unit of HCD; WHEREAS, pursuant to the California Environmental Quality Act as set forth in the Public Resources Code Sections 21000 et seq. ("CEQA"), Title 14, Division 6, Chapter 3 of the California Code of Regulations ("CEQA Guidelines"), and City Council Policy K- 3 Implementation Procedures for the California Environmental Quality Act), it was determined that the 6th Cycle Housing Element Implementation (also referred to herein as the "Project") may have a significant adverse effect on the environment, and thus warranted the preparation of the PEIR; 23-24 Resolution No. 2024- Page 4 of 8 WHEREAS, on June 27, 2023, the City, as lead agency sent a Notice of Preparation ("NOP") of the PEIR to responsible and trustee public agencies, organizations and individuals likely to be interested in the potential impacts of the Project, including any persons who had previously requested notice in writing; WHEREAS, the public comment period on the NOP commenced on June 27, 2023, and concluded on July 27, 2023; WHEREAS, on July 10, 2023, the City held a scoping meeting to solicit input from responsible and trustee public agencies, organizations and interested individuals regarding environmental issues that should be addressed in the PEIR; WHEREAS, pursuant Section 21080.3.1 of the California Public Resources Code, on March 30, 2023, the City provided notice to California Native American tribes that requested in writing to be informed of projects in the geographic area that are traditionally and culturally affiliated with the tribe; WHEREAS, pursuant to Government Code Section 65352.3, the City also provided notice to California Native American tribes that are on the contact list maintained by the California Native American Heritage Commission ("NAHC"), WHEREAS, pursuant to Senate Bill 18, the City requested a Sacred Lands File ("SLF") search on the project location from the NAHC on March 5, 2023, and on March 22, 2023, the NAHC responded that the findings of the search were positive and identified 19 Native American tribal representatives to contact for further information on potential tribal resources; WHEREAS, to comply with both the requirements of SB 18 and Assembly Bill 52, the City mailed and emailed notices regarding the Project to all the listed tribes and the City received a response from only one representative of the Gabrieleho Band of Mission Indians P Kizh Nation expressing no concerns on the Project given its programmatic nature, but also expressing a desire to be consulted on future individual projects; WHEREAS, a Notice of Availability of the Draft PEIR was published on February 11, 2024, in the Daily Pilot and a revised Notice of Availability was published on February 15, 2024, announcing the availability of the Draft PEIR for a 46-day public comment period that commenced on February 12, 2024, and concluded on March 28, 2024; 23-25 Resolution No. 2024- Page 5 of 8 WHEREAS, the City reviewed all comments on the Draft PEIR and prepared written responses to those comments; WHEREAS, a public hearing was held by the Planning Commission on April 18, 2024, in the Council Chambers at 100 Civic Center Drive, Newport Beach, California to consider the actions and amendments required for the 6th Cycle Housing Element Implementation. A notice of time, place, and purpose of the hearing was given in accordance with Government Code Section 54950 et seq. ("Ralph M. Brown Act"), Chapter 20.62 (Public Hearings) and Chapter 21.62 (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 conclusion of the public hearing, the Planning Commission adopted Resolution No. PC2024-006 by a unanimous vote (5 ayes, 2 recusals) recommending the City Council certify the Housing Element Implementation Program Amendments Draft PEIR and approve the 6th Cycle Housing Element Implementation; WHEREAS, California Public Utilities Code ("CPUC") Section 21676(b) requires the City to refer the 6th Cycle Housing Element Implementation to the Orange County Airport Land Use Commission ("ALUC") to review for consistency with the 2008 John Wayne Airport Environs Land Use Plan ("AELUP"); WHEREAS, on May 16, 2024, the ALUC determined the 6th Cycle Housing Element Implementation is inconsistent with the AELUP; WHEREAS, pursuant to Sections 21670 and 21676 of the CPUC, the City Council held a duly noticed public hearing on May 28, 2024, and adopted Resolution No. 2024- 32 (7 ayes, 0 nays), to notify the ALUC and State Department of Transportation Aeronautics Program of the City's intent to override ALUC's inconsistency finding and on May 29, 2024, the City issued the Notice of Intent to Override ALUC's determination and received two comments in response; WHEREAS, the Final PEIR, consisting of the NOP, Draft PEIR, Appendices, Responses to Comments received on the Draft PEIR, and any revisions to the Draft PEIR as a result of public comment are attached hereto and incorporated herein by reference as Exhibit "A"; 23-26 Resolution No. 2024- Page 6 of 8 WHEREAS, a Statement of Overriding Considerations has been prepared by the City with respect to significant and unavoidable potential environmental impacts of the Project related aesthetics, air quality, cultural resources, greenhouse gas emissions, noise, and utilities and service systems, including cumulative impacts; and WHEREAS, a public hearing was held on July 23, 2024, by the City Council in the Council Chambers located at 100 Civic Center Drive, Newport Beach, California to consider the 6th Cycle Housing Element Implementation, including consideration of certifying the PEIR, adoption of CEQA Findings, Mitigation Monitoring and Reporting Program and a Statement of Overriding Considerations. A notice of time, place, and purpose of the hearing was given in accordance with CPUC Section 21676(b), the Ralph M. Brown Act, Chapter 20.62 (Public Hearings), Chapter 20.66 (Amendments), and Chapter 21.62 (Public Hearings) of the NBMC, and City Council Policy K-1 (General Plan and Local Coastal Program) and City Council Policy K-3 (Implementation procedures for the California Environmental Quality 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 hereby certifies Final PEIR (SCH No. 2023060699), attached as Exhibit 'A" which includes the NOP, Draft PEIR, Appendices, Responses to Comments, and revisions to the Draft PEIR. The City finds that information added to the Final PEIR prior to certification merely clarifies, amplifies or makes insignificant modifications to the PEIR and any changes or alterations incorporated into the Final PEIR do not warrant recirculation of the Final PEIR. Rather, all information added to the Final PEIR after public notice of the availability of the Draft PEIR for public review but before certification, merely clarifies, amplifies or makes insignificant modifications to the Final PEIR. Section 2: Pursuant to CEQA Section 21081.6 and Section 15091 of the CEQA Guidelines, and in support of its certification of the 6th Cycle Housing Element Implementation consisting of amendments to the General Plan, Local Coastal Plan and Title 20 (Planning and Zoning) and Title 21 (Local Coastal Program Implementation Plan) of the NBMC, the City Council has reviewed and considered the CEQA Findings of Fact and Statement of Overriding Considerations for the 6th Cycle Housing Element Implementation, attached hereto as Exhibit "B" and incorporated herein by reference, finds that such Findings of Fact are supported by substantial evidence, and the City Council adopts the Findings of Fact and Statement of Overriding Considerations. 23-27 Resolution No. 2024- Page 7 of 8 Section 3: Pursuant to CEQA Section 21081.6 and Section 15091 of the CEQA Guidelines, the City Council has reviewed and considered the Mitigation Monitoring and Reporting Program ("MMRP") that requires all mitigation measures described in the Final EIR be implemented, as set forth in. the MMRP, attached hereto as Exhibit "C" and incorporated herein by reference. The City Council adopts the MMRP. 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. 23-28 Resolution No. 2024- Page 8 of 8 Section 6: This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution. ADOPTED this 23rd day of July, 2024. Will O'Neill Mayor ATTEST: Leilani I. Brown City Clerk APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE A aj� , Aaron C. Harp City Attorney Attachments: Exhibit "A" — Program Environmental Impact Report (SCH No. 2023060699) Including Appendices Exhibit "B" — Findings and Statement of Overriding Considerations Exhibit "C° — Mitigation Monitoring and Reporting Program (MMRP) 23-29 EXHIBIT "A" Program Environmental Impact Report (SCH No. 2023060699) Including Appendices (Available digitally due to size) Visit uwvw.newportbeachca.gov/cega and reference the folder titled "Housing Implementation Program EIR (PA2022-0245)" 23-30 EXHIBIT "B" Findings and Statement of Overriding Considerations 23-31 City of Newport Beach Gerieral Plan Housing Implementation Program Section 1 Findings of Fact and Statement of Overriding Considerations Introduction CEQA FINDINGS AND FACTS IN SUPPORT OF FINDINGS STATEMENT OF OVERRIDING CONSIDERATIONS THE CITY OF NI WPORT BEACH GENERAL PLAN HOUSING IMPLEMENTATION PROGRAM PROGRAM ENVIRONMENTAL IMPACT REPORT PA2022-0245 STATE CLEARINGHOUSE NO. 2023060699 Section 1: Introduction This statement of Findings of Fact (Findings) addresses the environmental effects associated with the City of Newport Beach General flan Housing implementation Program (Project), as described in the Final Program Environmental Impact Report (referred herein as the "Program EIR"). These Findings are made pursuant to the California) Environmental Quality Act (CFQA) (California Public Resources Code [PRC] §21000 et seq.), specifically PRC Sections 21081, 21081.5, and 21081.6, and the State CECW Guidelines (14 California Code of Regulations [CCR] 15000 et seq.), specifically Sections 15091 and 15093. The Program EIR evaluated the potential environmental effects of the implementing actions associated with the City of Newport Beach 6111 Cycle Housing Element for 2021-2029 (referred herein as the "2021-2029 Housing Element") and identified mitigation practices that could be employed to reduce, minimize, or avoid those potential effects. 1.1 Project Description Summary The City of Newport Beach is located In coastal Orange County, California. The project area encompasses housing sites throughout the City of Newport Beach and its Sphere of Influence (collectively referred to herein as the City). The Housing Element is one of the state -mandated elements of the General Plan and must be updated every eight years to address existing and projected housing needs across all segments of the community. The 2021-2029 Housing Element was adapted by the City Council on September 13, 2022, and was subsequently found in compliance with State housing law (certified) by the State of California Department of Housing and Community Development (HC0) on October 5, 2022. The Regional Housing Needs Assessment (RHNA) is a State Housing law requirement that is part of the periodic process of updating local General Plan Housing Elements. It Is a process that determines the existing and projected housing need (i.e., RHNA allocation) for all jurisdictions (cities and unincorporated county areas) with the Intent to provide opportunities for a mix of unit types, tenure, and affordability. Each jurisdiction: must demonstrate that its Housing Element can accommodate its RHNA allocation at all Income levels. The City's 61h Cycle RHNA allocation is 4,845 housing units, Including 1,456 Very -Low- income units and 930 Low -Income units. In addition to the 61h Cycle RHNA allocation, the Program EIR analysis accounts for additional housing units as a buffer to address future "no net loss" to preclude the need to identify replacement sites during 61h Cycle Implementation.' Therefore, the Program EIR conservatively analyzed a total development capacity ' State }lousing laws require cities and countles to Identify RHNA obligations by Income category. A future housing applicant is not required to meet alfordahility goals. The City is obligated to ensure there is 110 net loss when yrolects are developed such that there are adequate opportunities for the City to meet its RHNA obligations. If there Is a net loss, the City has 110 days to provide rezoningthat atcommodates the net loss. Therefore, Newport Beach includes a buffer to avoid the net lass sconarlo. Exhibit "b„ 23-32 City of Newport Beach General Plan Housing Implementation Program 5ectlon I Findings of Fact and statement of Overrtdtng Considerations Introduction i of 9,914 units Including future development capacity of up to 9,649 units (4,845 RHNA plus a 5,069-unit buffer) on 242 housing sites, 25 units of pipeline projects, and 240 ADUs. However, only a portion of the housing units identified on housing sites will be necessary to accommodate the City's RHNA planning obligation of 4,845 housing units. The City Is not required to build housing units in order to meet its RHNA allocation, only to identify potential sites and create the framework to allow the market the opportunity to develop these units. The proposed project would not directly construct new housing but would facilitate the development of residential units by adopting implementing actions associated with the 2021-2029 Housing Element. The 2021-2029 Housing Element identifies six Focus Areas in the City that have sufficient capacity to meet its RHNA allocation for the 6tn Cycle. The six Focus Areas In the 2021--2029 Housing Element are: Airport Area, West Newport Mesa, mover-Westciiff, Newport Center, Coyote Canyon, and Banning Ranch. The Banning Ranch Focus Area Is Included in the 2021-2029 Housing Element's sites inventory but is not assumed in orderto accommodate the City's 2021-2029 RHNAgtowth need, Banning stanch is considered as additional dwelling unit opportunity beyond that needed to accommodate the RHNA. As a part of the Project, amendments to the [general Plan land Use Element goals and policies are proposed, including proposed modifications to land use goals and policies, as well as new policies. These changes further the Implementation of the 2021-2029 Housing Element. Amendments are also proposed to the City's Local Coastal Program Coastal Land Use Plan including proposed modifications to existing policies, as well as new policies. To facilitate future development of housing within the Identified Focus Areas, five corresponding „Housing ,;Overlay Zones" are proposed to increase the maximum allowable density for future housing projects on identified housing sites within each Focus Area. A Housing overlay Zone is not proposed for Banning Ranch. A sixth Housing Overlay Zone is applicable to 51 Cycle housing sites. In addition to the Housing Overlay Zones, the Municipal Cade would also be amended to add Multi - Unit objective Design Standards, and Zoning maps would be amended to identity the Housing Overlay Zoning Districts. 1.2 Purpose PRC Section 21081, and State CEQA Guidelines Section 15091 require that the lead agency, in this case the City of Newport Beach (City), prepare written Findings for identified significant effects, accompanied by a brief explanation of the rationale for each finding. PRC Section 21081(a) affirmatively requires a lead agency make one or more of three possible findings in reference to each significant impact, In addition, PRC Section 21081(b) requires an additional finding for impacts that include specific economic, legal, social, technological, and other considerations wherein the lead agency affirms that the project benefits outweigh the environmental impacts. State CEQA Guidelines Section 15091 states, in part, that. aj No public agency shall approve or carry out a project for which an EIR has been certified which Identifies one or more significant environmental effects of the project unless the public agency makes one or :more written findings for each of those significant effects, accompanied by a brief explanation of the rationale for each finding. The possible findings are: 1) Changes or alterations have been required in, or Incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the final EIR. [referred to in these Findings as "Finding 1" ]. Exhibit `"I3" 23-33 City of Newport Beach General Plan Housing Implementation Program Flndings of Fact and statement of Overrlding Considerations Section 1 Introduction 2) Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. [referred to In these Findings as "Finding 2"]. 3) Specific economic, legal, social, technological, or other considerations, Including provision of employment opportunities for highly trained: workers, make infeasible the mitigation measures or project alternatives identified in the final EIR. [referred to in these Findings as "Finding 3"]. In accordance with PRC Section 21081, and State CEQA Guidelines Section 15093 (Statement of Overriding Conditions), whenever significant effects cannot be mitigated to below a level of significance, the decision - making agency is required to balance, as applicable, the benefits of the project against its unavoidable environmental risks when determining whether to approve the project. If the benefits of a project outweigh the unavoidable adverse environmental effects, the adverse effects may be considered "acceptable." In that case, the decision -making agency may prepare and adopt an SCIC, pursuant to the CEQA Guidelines. State CEQA Guidelines Section 15093 provides: a) CEQA requires the decision -making agency to balance., as applicable, the economic, legal, social, technological, or other benefits, including region -wide or statewide environmental benefits, of a proposed project against its unavoidable environmental risks when determining whether to approve the project. If the specific economic, legal, social, technological, or other benefits, Including region -wide or statewide environmental benefits, of a proposed project outweigh the unavoidable adverse environmental effects, the adverse environmental effects may be considered "acceptable." b) When the lead agency approves a project which will result in the occurrence of significant effects which are identified in the final EIR but are not avoided or substantially lessened, the agency shall state In writing the specific reasons to support its action based on the final Ells and/or ether information In the record. The statement of overriding considerations shall be supported by substantial evidence in the record. c) If an agency makes a statement of overriding considerations, the statement should be included in the retard of the project approval and should be mentioned In the notice of determination. This statement does not substitute for, and shall be in addition to, findings required pursuant to Section 15091. The Program EIR identified potentially significant effects that could result from the Project. The City finds that the Inclusion of feasible mitigation measures as part of the approval of the Project will reduce most, but not all, of those effects to less -than -significant levels. Those impacts that Are not reduced to less -than - significant levels are Identified and overridden due to specific. Project benefits. As required by CEQA, the City, in adopting these Findings, also adopts a Mitigation Monitoring and Reporting Program (MMRP) for the Project. The City finds that the MMRP, which is Incorporated by reference and made a part of these Findings, meets the requirements of PRC Section 21081.6, by providing for the implementation and monitoring of measures intended to mitigate potentially significant effects of the Project. rxhiblt "B„ 23-34 City of Newport Beach Cenral Plan Housing Implementation Program Section 1 Findings of Fact and statement of Overriding Considerations Introdtection in accordance with the CEQA Statutes and Guidelines, the City adopts these Findings for the Project. Pursuant to PRC Section 21082.1(c)(3), the City also finds that these Findings reflectthe City's independent judgment as the lead agency for the Project. 1.3 Records of Proceedings For the purposes of CFi7A and these Findings, the record of proceedings for the Project includes all data and materials outlined in PRC Section 21167.6(e), along with other project -relevant information contained within the City's files. Specifically, the record of proceedings forthe City's decision on the Project includes the following documents, all of which are incorporated by reference and are relied on In supporting these Findings: ■ The Notice of Preparation (NQP), Notice of Availability, and all other public notices issued by the City in conjunction with the Project ■ All written comments submitted by agencies, organizations, or members of the public during the NQP public review comment period, inclusive of the Scraping Meeting ■ The Draft Program EIR for the Project and all technical appendices, technical memoranda and documents relied upon or incorporated by reference ■ All written comments submitted by agencies, organizations, or members of the public during the public review comment period on the Draft Program EIR and the City's responses to those comments, including related referenced technical materials ■ The Program EIR for the Project ■ The MMRP for the Project ■ All reports, studies, memoranda, maps, staff reports, or rather planning documents relating to the Project prepared by the City or consultants to the City with respect to the City's compliance with the requirements of CEQA and with respect to the City's action on the Project ■ All documents submitted to the City by other public agencies or members of the public in connection with the Program EIR ■ Any minutes and/or verbatim transcripts of all information sessions, public meetings, and public hearings held by the City in connection with the Project ■ Any documentary or other evidence submitted to the City at such information sessions, public meetings, and public hearings All resolutions adopted by the City regarding the Project, and all staff reports, analyses, and summaries related to the adoption of those resolutions ■ Matters of common knowledge to the City, including, but not limited to federal, state, and local laws and regulations ■ Any documents expressly cited in these Findings, in addition to those cited above, and any other materials required for the record of proceedings by PRC. Section 21167.6(e) Exhibit " B' 23-35 City of Newport Beach General Plan Housing Implementation Program Section 1 Findings of Fact and Statement of nverrtding Considerations introduction 1.4 Custodian and Location of Records The documents and other materials that as a whole make up the Record of Proceedings for the City's actions related to the Project are located at the City of Newport Beach, 100 Civic Center Drive, Newport Beach, CA 92660. The City, as the lead agencyforthe Project, is the custodian of the Record of proceedings for the Project. 1.5 CEQA Findings of Independent Judgment, Review, and Analysis Under CEQA, the lead agency must (1) independently review and analyze the EIR; (2) circulate draft documents that reflect its independent judgment; (3) as part of the certification of an EIR, find that the report or declaration reflects the independent judgment of the lead agency; and (4) submit copies of the documents to the State Clearinghouse if there is State agency Involvement or lfthe project Is of statewide, regional, or area -wide significance (PRC §21082.1[c)). The Findings contained in this document reflect the City's conclusions, as required pursuant to CEQA, for the Project. The City has exercised Independent judgment, in accordance with PRC Section 21082.1(c)(3), in the preparation of the Graft Program EIR, the review of materials prepared by the City and its consultants, and the preparation of the Final Program EIR based on comments received during the public comment process. The City has made one or more of the required written findings for each significant impact associated with the Project. Those written findings, along with a presentation of facts in support of each of the written findings, are presented below. Waving received, reviewed, and considered the information in the Draft Program EIR and Final Program EIR, as well as any and all other information in the record, the City hereby makes these Findings pursuant to and in accordance with ARC Sections 21081, 21081.5, and 21081.6. The mitigation program adopted as part of the Project is feasible and mitigates the environmental impacts associated with future housing projects to the maximum extent feasible and possible as discussed in the findings made below. F Therefore, it is the finding of the City that the Project as described in the Program EIR does not present any new, significant Information requiring recirculation or additional environmental review under PRC Section 21092.1 and State CEQA Guidelines Section 15088.5, A MMRP for the Project has been adopted pursuant to the requirements of PRC Section 21081.6 to ensure implementation of the adopted mitigation measures to reduce significant effects on the environment and is included in the Program EIR document. The City is the custodian of the documents and: other material that constitute the record of the proceedings upon which certification of the Final Program EIR for the Project is based, as described above. It Is the finding of the City Council that the Final Program EIR, as presented for review and approval, fulfills environmental review requirements for the Project, and that the document constitutes a complete, accurate, adequate, and good faith effort at full disclosure under CEQA, and reflects the Independent judgment of the City. Exhibit'a" 23-36 City of Newport Beach General Plan Housing Implementation Program Section 2 Findings of Fact and statement of Qverrld.ing Considerations No Impact Section 2. Environmental Impacts Found to Have No Impact As a result of the Notice of Preparation circulated by the City between June 27, 2023 and July 27, 2023, in connection with preparation of the Program EIR, the City determined, based upon the threshold criteria for significance, that the Project would have no Impact or a less than significant impact on the following potential environmental effects, and therefore, determined that these potential environmental effects would not be addressed In the Program EIR. Based upon the environmental analysis presented In the Program EIR, and the comments received by the public on the Program EIR, no substantial evidence was submitted to or Identified by the City which indicated that the Project would have an Impact on the following environmental areast Aesthetics "Would the Project substantially damage scenic resources, Including but not limited to, trees, rack outcroppings, and historic buildings within a State scenic highway?" Basis for Conclusion: There are no State designated scenic highways within the City. According to the Scenic Highway System List, State Route 1, otherwise known as Pacific Coast Highway, Is eligible for the state scenic Highway system but is not designated as a State scenic highway. A state scenic highway changes from "eligible" to `officially designated" when the local jurisdiction adopts a scenic corridor protection program, applies to Caltrans for scenic highway approval, and receives notification from Caltrans that the highway has been designated as a Scenic Highway. The City must also adopt ordinances to preserve the scenic quality of the corridor or document that such regulation already exists In local codes. If In the future, the City decides to pursue these actions, it would also be required to take actions to preserve views within the corridor. However, these procedures are beyond the scope of this Project. Forth is reason, no impact would occur. Agricultural and Forestry Resources "Would the Project convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping rind Monitoring Program of the California Resources Agency, to non- agricultural use?" "Would the Project conflict with existing zoning for agricultural use, or a Williamson Act contract?" "Would the Project conflict with existing zoning far, or cause rezoning of, forest land (as defined in Public resources Grade section 12220(g)), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Cade section 51104(g))?" "Would the Project result In the loss of forest land or conversion of forest land to non. forest use?' "Would the Project involve other changes In the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use or conversion of, forest land to non -forest use?" Basis for Conclusion: None of the housing sites contain Prime Farmland, Unique Farmland, or Farmland of Statewide Importance. No portion of the City is covered by a Williamson Act Contract. Additionally, the Exhibit"B„ 23-37 City of Newport Beach General Alan Housing implementation Program sectlon 2 Findings of Fact and Statement of Overrlding Considerations No Impact City does not include forest resources, including timberlands. With respect to zoning, the City has a Residential -Agricultural (R-A) Zoning District. Title 20, Planning and Zoning, of the City of Newport Beach Municipal Code (Municipal Code) states that the R_A Zoning District ",,.is intended to provide for areas appropriate for detached single-family residential dwelling units and light farming uses, each located on a single legal lot." None of the housing sites has this zoning designation. Therefore, no Impact would occur. Biological Resources "Would the Project conflict with any local policies or ordinances protecting biological resources, such as a tree preservation polity or ordinance?„ Basis for Conclusion, The Project does not directly propose any site development on the housing sites evaluated in the Program EIR. Rather, it provides a series of actions that support implementation of the 2021-2020 Mousing Element. All future development facilitated by the Project would be subject to the City's development review process and required to comply with relevant federal, State, and local regulations protecting biological resources, which would ensure that future development within the City would not conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance. Therefore, no impact would occur. "Would the Project conflict with the provisions of an adapted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved Racal, regional, orState habitat conservation plant?" Basis for Conclusion: The Project does not propose any site development on the housing sites. Rather, it provides capacity for future development comistentwith State law, All future development facilitated by the Project would be subject to the Clty's development review process and squired to comply with the provisions of the Central -Coastal Natural Community Conservation Man/Habitat Conservation Plan (NCCP/WCP) per General Plan Policy NR 10.2. In addition, General Plan Policy NR 10A states that future development shall cooperate with State and federal agencies, and private organizations, in the protection of the City'.s biological resources. This Includes local, regional, or State habitat conservation plans. The General Plan policies ensure that future development facilitated by the Project would not conflict with the provisions of the Central -Coastal NCCP/FICP; no impact would occur. Geology and Soils "Would the project expose people orstructures to potentialsubstantial adverse effects, including the risk of loss, injury, or death involving the rupture of a known earthquake fault, as delineated on the most recent Aiquist-Priolo ,Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known faults or strong seismic ground shaking?" Basis far Conclusion. None of the known faults have been zoned under the guidelines of the Alquist-Priolo Earthquake Fault Zoning Act. Therefore, development on the housing .sites would not expose people or structures to potential adverse effects involving rupture of a known earthquake fault In Alquist-Priolo zones and no Impact would occur. Exhibit " I3" 23-38 City of !Newport Beach General Plan Housing implementation Program Findhrgs of Fact ar►d Statement of Overrldlq Considerations 5ectlon 2 No impact "Would the project have soils incapable of adequatelysupporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater?" Basis for Conclusion: The City is almost entirely built out with established utility services. A majority of the housing sites are developed and connected with existing wastewater infrastructure. For the few housing sites which are currently undeveloped, there Is existing infrastructure within the vicinity that could support future growth and development. The use of septic tanks or alternative wastewater disposal systems is not assumed, For this reason, no impact would occur. Hazards and Hazardous Materials 'Would the Prof ect be located on a site which is included on a list ofhazardous hazarrdous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significont hazard to the public or the environment?" Basis for Coni~luslon. None of the housing sites are included on a hazardous site list compiled pursuant to California Government. Code Section 65962.5. Therefore, no impact would occur, Exhlbit"B" 23-39 City of Newport Beach General Plan Housing implementation Program Section 4 Findings of Pact and Statement of Overriding Considerations Less Than Significant With Mitigation Section 3. Environmental Impacts Found to be Less Than Significant (No Mitigation Required) As a result of the preparation of the Program EIR, the City determined, based upon the threshold criteria for significance, that the Project would have no impact or a less than significant impact on the following potential environmental effects. No mitigation measures would be required. Where the potential impact can be reduced to less than significant solely through adherence with standard conditions, these measures are considered "incorporated into the project" which mitigate or avoid the potentially significant effect. Based upon the environmental analysts presented in the Program EIR, and the comments received by the public on the program EIR, no substantial evidence was submitted to or identified by the City which indicated that the Project would have an impact on the following environmental areas evaluated in the Program OR: Aesthetics "Would the Project have a substantial adverse effect on a scenic vista?" Basis for Conclusion: Although there are no officially designated scenic vistas in the City, the City has identified the Pacific Ocean, the San Joaquin Corridor, Crystal Cove State Park, and Upper Newport Bay as locally significant scenic vistas. While future housing development within the City would generally consist of infill and intensification of uses within a primarily built -out area, this development could affect views to the identified vistas. Specifically, if new developments blocked or obscured views from any of the significant public viewpoints, then impacts would be potentially significant. While housing sites are within the vicinity of public view points around the City, none of the housing sites are located Immediately In front of or adjacent to view points. Therefore, future development on housing sites would not have the potential to obstruct views or degrade visual quality of scenic vistas within the City. The Project would not result in direct construction of residential uses. Future development on identified housing sites would be subject to project -specific review, including design review, and would be required to comply with the goals and policies in the City's General Plan and Municipal Code. The Project includes Land Use Element policy amendments, including updates to policies that would minimize potential impacts to scenic vistas from future housing development. These policies include Policy LU 1.1 which requires future housing developments to be designed In a manner that maintains and enhances neighborhood character and public views. Therefore, consistent with the findings of the Newport Beach General Plan EIR, the Project would have a less than significant Impact on a scenic vista and no mitigation is required. "Would the Project conflict with applicable zoning and other regulations governing scenic quality?" Basis for Conclusion: Future housing development would be required to adhere to General Plan policies that govern scenic quality Including, but not limited to, Policy .LU 5.6.1 through LU 5.6.3, Policy NR 20.1 through NR 20.4, and Policy NR 23.1 through 23.7. Further, the Project includes Land Use Element policy amendments, including updates to policies that support the City's goal to maintain scenic quality and minimize potential Impacts from future housing development. The Project Includes the adoption of The City of Newport Beach Multi -Unit objective Design Standards (Objective Design Standards) to ensure the highest possible design quality and to provide a baseline standard while streamlining the approval process for all new multi -unit development in Newport Beach, Including by -right and discretionary actions. Exhibit " B" 23-40 City of Newport Beach General Plan Housing implementation Program section 4 Findings, of Fact and Statement of overriding considerations LOSS Than Significant With Mitigation Residential and mixed -use development projects that include a density of 20 dwelling units per acre must demonstrate compliance with all the standards contained in the Multi -Unit Objective Design Standards, or they must seek approval through a discretionary site development review process, as discussed in Municipal Code Chapter 20.52.080 (Site Development Reviews). Compliance with these applicable City policies, the Municipal Code including the proposed Objective Design Standards, and Local Coastal Program Implementation Plan requirements would minimize impacts to scenic quality. A less than significant Impact would occur and no mitigation is required. Air quality "Would the project result In a cumulatively considerable net Increase of any criteria pollutant for which the project region Is nonattainment underon applicable federal or State ambient air quality standard?" Basis for Conclusion: With respect to short-term construction emissions, quantifying individual future development's air emissions from short-term, temporary construction -related activities is not possible due to project -level variability and uncertainties concerning, detailed site plans, construction schedules/ duration, equipment requirements, etc., among other factors, which are presently unknown. Since these parameters can vary so widely (arid individual project -related construction activities would occur over time dependent upon numerous factors), quantifying precise construction -related emissions and impacts would be impractical and speculative. The Program EIR modeled four hypothetical scenarios for different sizes of residential development that could occur under the Project. Modeling was conducted for construction and operation of the following residential development scenarios: • 50 DU, 1 Acre: includes So low rise apartments and the project acreage is approximately 1 acre. ■ 250 DIJ, 5 Acres: includes 250 low rise apartments and the project acreage is approximately 5 acres. +� 500 DU, 5 Acres: includes 500 low rise apartments and the project acreage Is approximately 5 acres. ■ 600 DU, 12 Acres: includes 600 low rise apartments and the project acreage is approximately 12 acres. The construction emission estimates were based on a hypothetical construction duration of approximately 16 months for each development scenario. Default construction equipment was also included in CalEEMod. It is also noted, these scenarios are considered a reasonable assumption of the development that could occur at any given time in the future. The estimated daily short-term construction emissions for the four hypothetical scenarios would not violate the 5CAQMD thresholds under any of the scenarios. Future housing development would be subject to the City's development review. In addition, SCAQMD Rules 402 and 403 (e.g., prohibition of nuisances, watering of inactive and perimeter areas, track out requirements, etc.) would be applied to future developments on a project -by -project basis In order to minimize those potential negative air quality effects. Therefore, construction air duality impacts would be less than significant. 1.0 Exhibit "B" 23-41 City of Newport Beach General Plan Housing Implementation Program Section 4 Findings of matt and Statement of Overriding Considerations Less Than Significant With Mitigation "Would the Project result In other emissions (such as those leading to odors) adversely affecting a substantial number of people?" Basis for Conclusion, The South Coast Air Quality Management District (SCAQMD) CEQA Air Quality Handbook identifies certain land uses as sources of odors. These land uses include agriculture (farming and livestock), wastewater treatment plants, food processing plants, chemical plants, composting facilities, refineries, landfills, dairies, and fiberglass molding. The Project does not Include any of the land uses that have been identified by the SCAQMD as odor sources. However, future housing development facilitated by the Project could result in odors generated from vehicles and/or equipment exhaust emissions during construction. These odors are a temporary short-term impact that Is typical of construction projects and would disperse rapidly. Therefore, the Project would not create objectionable odors. Impacts would be less than significant impact would occur and no mitigation is required. Biological Resources "Would the Project have a substantial adverse effect on State or federally protected wetlands (including, ,but not ilmlted to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means?" Basis for Conclusion; While the Project does not propose alteration of a State or federally protected wetland, it is possible that potential future development facilitated by the Project could directly or Indirectly impact wetlands through activities such as vegetation removal and grading activities. Generally, development facilitated by the Project would be confined to previously developed urban areas and would not be located in the vicinity of wetland areas. However, several housing sites include wetlands. Developments proposed on or adjacent to wetland areas are required to comply with federal and State laws and regulations that protect wetland resources (e.g., Clean Water Act Sections 404 and 401). In addition to the existing federal and State regulatory framework, the General Plan Natural Resources and Land Use Elements contain policies that provide additional protection to the City's wetlands. General Plan Policies NR 13.1 and NR 13.2 protect, maintain, and enhance the City's wetlands by recognizing and protecting wetlands and requiring wetland delineations In accordance with the California Department of Fish and Wildlife (CDFW) and U.S. Fish and Wildlife Service (USFWS). General Plan Policies NR 14.4 and NR 14.5 maintain and enhance deep water channels and ensure they remain navigable by boats through capacity management and new structure design by requiring projects to maintain the capacity of wetlands and new structures to be sited and designed to be consistent with the natural appearance of the surrounding area.These policleswill ensure that any future development facilitated by the Project protect and maintain the City's wetlands. Policy LU 6.5.4 requires development to be located and designed to preserve and/or mitigate for the loss of wetlands and drainage course habitat. Adherence to the above identified federal and State laws and regulations and General Plan policies ensures that any future development facilitated by the Project would result in less than significant impacts an State or federally protected wetlands and no mitigation is required. "Would the Project Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites?" Basis for Conclusion; Most of the housing sites are of limited value for wildlife movement and corridors due to existing residential and commercial development and public infrastructure. Housing sites 110-118, 120-124, 126-131, and 215 are vacant, which could potentially support nesting birds. Although the 11 Exhibit " B" 23-42 City of Newport Beach General Plan Housing intpieinentation Program Section 4 Findings of Fact and Statement of Overriding considerations Less Than Significant With Mitigation remaining sites are developed, ornamental landscaping associated with the existing developed sites can provide habitat for native birds. All future development facilitated by the Project would be subject to the City's development review process and required to comply with relevant federal, State, and local regulations for avoiding and minimizing interference with the movement of any native resident or migratory fish and wildlife species, migratory wildlife species, or migratory wildlife corridors. As part of the development review process, future development would be required to comply with Municipal Code Chapters 21.30, 21.30B, and 21.53, which outlines additional requirements for new development to ensure the protection of environmentally sensitive habitat areas and coastal zones. Future housing development facilitated by the Project would be subject to several relevant General Plan Policies. General Man Policies Nit 10.3 and NR 10.4, protect and prohibit development in nature preserves, conservation areas, and designated open space areas, and would require a site -specific study be prepared where development would occur within or contiguous to such areas. General Plan Policies NR 10.5, NR 10.7, and NR 10.8 prevent disruption, and ensure protection of sensitive habitat though siting and design requirements, along with sufficient buffer sizes and shielding from direct exterior lighting. Policies NR 12.1 through NR 12.3 would serve to protect coastal dune habitats, which serve as movement corridor for coastal wildlife species. Policies NR 13.1 and NR 13,2 would protect, maintain, and enhance the City's wetlands, another movement corridor for a variety of aquatic, terrestrial, and avian species. With Implementation of the policies, new urban uses within the developed areas of the City would not have a substantial effect on the movement of native resident of migratory wildlife species or corridors. Future housing development where the City has determined a potential for impacts to a wildlife corridor, would be required to prepare a site -specific general b€ological resources survey on sites that contain the presence of any sensitive biological resources. Following compliance with the established regulatory framework future housing development impacts concerning Interference with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors or impede the use of native wildlife nursery sites would be less than significant and no mitigation is required. Cultural Resources "Would the Project disturb any human remains, including those interred outside of dedicated cemeteries?" Stasis for ConcluSIGn, According to the Genera Plan EIR, archaeological materials, including human burials, have been found In the City. Human burials outside of formal cemeteries often occur in prehistoric archeological contexts. The potential still exists for these resources to be present, particularly in the areas of the City that are still mostly underdeveloped for urban uses, such as but not limited to the Banning Ranch area. While the Project does not propose activities such as grading or construction, human .remains could be uncovered during future grading .activities facilitated by the Project. In the unlikely event that human remains are found, those remains would require proper treatment in accordance with applicable laws, including California health and Safety Code (HSC) (§§7050..5, 7051, and 7054) and PRC Sections S097.98 and 5097.99. Therefore, following compliance with the established regulatory framework, future development facilitated by the Project would have a less than significant Impact concerning human remains and no mitigation is required. 12 Exhibit'8" 23-43 City of Newport Beach General Plan Hauling Implementation Program section A Findings of Fact and Statement of Overriding Considerations Less Than Significant witty Mitigation Standard Conditions of Approval SC Cut!.-2 California Health and Safety Code .Section 7050.5, CCQ,A Guidelines Section 1S064.5, and Public Resources Code Section 5097.98 mandate the process to be followed in the event of an accidental discovery of any human remains in a location other than a dedicated cemetery. California Health and Safety Cade Section 7050.5 requires that in the event that human remains are discovered within the project site, disturbance of the site shall be halted until the coroner has conducted an Investigation Intothe circumstances, mannerand cause of death, and the recommendations concerning the treatment and disposition of the human remains have been made to the person responsible for the excavation, or to his or her authorized representative, in the manner provided in Section 5097.98 of the Public Resources Code. If the coroner determines that the remains are not subject to his or her authority and if the coroner recognizes or has reason to believe the human remains to be those of a Native American, he or she shall contact, by telephone within 24 hours, the Native American Heritage Commission. Energy "iNould the Project result In potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energiy resources, during Project construction or operation?" Basis for Conclusion: The majority of future housing development facilitated by the Project would occur on sites that are fully improved. Unlike an individual project for which project -specific construction information is available, It is impractical to quantify construction -related energy consumption from all of the future housing development that would contribute incrementally to construction energy demand throughout the City. The amount of construction -related fuel cannot be determined at this time due to the lack of project -specific construction Information associated with future development on each of the housing sites. Rather, construction energy consumption would be evaluated for specific development projects as futuredevelopment applications are processed by the City. It is noted that construction fuel use Is temporary and would cease upon completion of construction activities. further, there are no unusual Project characteristics that would necessitate the use of construction equipment that would be less energy -efficient than at comparable construction sites in the region or State. Therefore, construction fuel consumption associated with future housing development facilitated by the Project would not be any more inefficient, wasteful, or unnecessary than other similar residential developments, A less than significant impact would occur and no mitigation is required. The energy consumption associated with Project operations would occurfrom building energy (electricity and natural gas) use, water use, and transportation -related fuel use. The Project would be required to adhere to all federal, State, and local requirements for energy efficiency, Including the latest Title 24 standards. Project implementation would not constrain local or regional energy supplies and would not require the expansion or construction of new electricity generation and/or transmission facilities. As such, implementation of the Project would not use large amounts of fuel or energy in an unnecessary, wasteful, or Inefficient manner. Impacts would be less than significant and no mitigation is required. 13 exhibit"B" 23-44 City of Newport Beach General Plan Housing Implementation Program Section 4 Findings of Fact and Statement of Overriding Considerations Less Than Significant With Mitigation "Would the Project conflict with or obstruct a $tote or Local plan for renewable energy or energy efficiency?" Oasis for Conclusion. The energy conservation policies and plans relevant to the Project include the California Title 24 energy standards and the 2022 CALGreen building code. Future housing development facilitated by the Project would be required to comply with these existing energy standards. Compliance with State and local energy efficiency standards would ensure thatthe Project meets all applicable energy conservation policies and regulations. As such, the Project would not conflict with applicable plans for renewable energy or energy efficiency. SCAG's 2020-2045 Regional Transportation Plan/Sustainable Communities Strategy (Connect SoCai) (RTP/SCS) Integrates transportation, land use, and housing to meet GHG reduction targets set by CARB. The document establishes GHG emissions goals for automobiles and light -duty trucks, as well as an overall GHG target for the region consistent with both the target date of AB 32 and the post-2020 GHG reduction goals of SB 375, The Project would not conflict with the stated goals of the RTP/SCS. Potential impacts are considered less than significant without mitigation. Geology and Soils "Would the Project expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death Involving strong seismic ground slaking?" Basis for Conclusion: The City is within a seismically active area that could be subject to strong seismic ground shaking. The fault zones traversing the City each have the potential to cause moderate to large earthquakes that would cause ground shaking at the housing sites. Although the City does not contain a known Alquist-Priolo zone as delineated on the most recent Alquist-Priolo Earthquake Fault Toning Map, the housing sites within the Banning Ranch Focus Area are located near the Newport Inglewood Rose Canyon fault zone.' Following compliance with all relevant regulations and requirements for avoiding seismic impacts from development, the Project would result in a less than significant impact concerning adverse effects Involving strong seismic ground shaking and no mitigation is required. "Would the Project directty or Indirectly cause potential substantial adverse effects, Including the risk of loss, injury, or depth Involving seismic -related ground failure, Including liquefaction, and landslides?" Basis for Conclusion; There are 31 housing sites located In liquefaction -susceptibility zones and 17 housing Sites located within landslide -susceptibility zones. However, liquefaction and landslide potential do not necessarily limit development potential, as site -specific geotechnical studies would be required to determine the sail properties and .specific potential for liquefaction in a specific area for new proposed development, per General Plan Policy S 4.7. Further, future residential developments facilitated by the Project would be subject to the City's development review process, and required to adhere to all federal, State;, and local requirements for avoiding and minimizing seismic -related impacts. With compliance with all relevant regulations and requirements for avoiding seismic impacts from development, the Project would result in a less than significant impact concerning adverse effects involving seismic -related ground failure including liquefaction and landslides and no mitigation is required. a The Banning Ranch Focus Area is Included in the 2021-2029 Housing Element's sites Inventory but is not assume[] to accommodate the Clty's 2022 2029 Regional Housing Needs Assessment (RHNA) growth need. Banning stanch Is considered as additional dwelling unit opportunity In addition to those that accommodate the RHNA. 14 Exhibit °B" 23-45 City of Newport Beach General Plan Housing Iroplementation Program Section 4 Findings of Fact and Statement of Overriding Considerations Less Than Significant With Mitigation "Would the Project result in substantial soil erosion or the loss of topsoil?" Basis for Conclusion: Future residential development facilitated by the project could result in grading activities that would disrupt soil profiles, and thereby result In potential increased exposure of soils to wind and rain. Erosion on graded slopes could cause downstream sedimentation impacts. Other related Impacts resulting from substantial short-term erosion or loss of topsoil include topography changes and the creation of impervious surfaces. A majority of the housing sites are currently developed with existing structures, Future residential projects would be subject to the City's development review process and would be required to comply with General Plan Policies Nil 3.10, NR 3.11, and NR 3.12 which require compliance with applicable local, State, or federal laws. Compliance with the California Building Code (CBC) and the National Pollutant Discharge Elimination System (NPOES) permits would minimize soil erosion and lass of topsoil and ensure consistency with the Regional Water Quality Control Board (RWQCB) Water Quality Control Alan. The NP®ES permit requires preparation of a Stormwater Pollution Prevention Plan (SWPPP), which specifies best management practices (BMPs) to be used to minimize storm water pollution from project construction, including erosion and topsoil. All future residential projects would also be required Lo comply with the City's Erosion Control regulations specified under Municipal Code Chapter 15.10,130. Compliance with these regulations would reduce the potential for substantial erosion or loss of topsoil. Impacts would be less than significant and no mitigation Is required. "Would the Project be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the Project, and potentially result in on- or off -site landslide, lateral spreading, subsidence, liquefaction or collapse?" Basis for Conclusion: While multiple housing; sites are located on geologic units or solIs that could become unstable, future housing development facilitated by the Project would be subject to the City's development review process. Future residential developments would be required to adhere to all fedora I, State, and local requirements for avoiding and minimizing impacts caused by unstable geological units or soils. These housing projects would be subject to compliance with General Plan Safety Element Policy S 43, which requires seismic studies for new development in areas where potentially active faults may occur. These studies would also include soil Investigations and recommendations for addressing grading procedures, soil stabilization during and post -construction, foundation design, and slope stability. The City requires reports of soil conditions to identify potentially unsultnble soil conditions Including liquefaction, subsidence, and collapse. The evaluations must be conducted by registered soil professionals, and measures to eliminate inappropriate soil conditions must be applied. The design of foundation support must conform to the analysis and implementation criteria described in CBC Chapter 18 — Soils and Foundations. Adherence to the CBC, City's codes, and General Plan policies would ensure the maximum practicable protection available for users of buildings and Infrastructure and associated trenches, slopes, and foundations. The Project would have a less than significant Impact concerning potential substantial adverse effects involving exposure to unstable geological units or soils and no mitigation Is required. "Would the Project be located on expansive soil, as defined In Table 18-18 of the Uniform Ouflding Code (1994), creating substantial risks to life or property?" Basis for Conclusion. The City contains surficial soils and bedrock with fine-grained components that are moderately to highly expansive. The City's Building Code adopts the latest C8C regulations, which also requires geotechnfcal investigations that identifies potentially unsuitable soil conditions and contains appropriate recommendations for foundation type and design criteria that conform to the analysis and implementation criteria described in Municipal Code Title 15 (Building and Construction). General Plan is Exhibit "B" 23-46 City of Newport Beach General Plan Housing Implerrrentation Program Sectlon 4 Findings of fact and Statement of Overriding Considerations Loss Than Significant With Mitigation Safety Element Policy S 4.7 requires that development not be located on unstable soils or geologic units. Through compliance with applicable provisions of the CBC, General Plan Policy 4.7 and Municipal Code Title 15 requirements, the Project would not create substantial direct or Indirect risks to life or property due to a project located on expansive soils. Impacts are less than significant and no mitigation is required. "Would the Project directly or indirectly destroy a unique paleontological resource or site or unique geologic feature?" Basis for conclusion: Future construction activities associated with development could affect unidentified paleontological resources through grading and other earthwork activities. In the inadvertent event of discovery of paleontological resources, impacts could be potentially significant, Future housing development facilitated by the Project would be subject to the City's development review process and would be subject to comply with City regulations and policies. Policy HR 2.1 and Policy NR 18.1 require any now development to protect and preserve archaeological resources from destruction, and that potential impacts to such resources be avoided and minimized through planning policies and permit conditions. Development In the coastal zone would also be subject to LCP Policy 4.5.1-2 and Policy 4.5.1- 5, LCP Policy 4.5.1-2 requires a qualified paleontologist/archeologist to monitor all grading and/or excavation where there is a potential to affect cultural or paleontological resources. LCP Policy 4.5.1-5 requires submittal of a monitoring plan when there is a potential to impact paleontological resources. The Newport Beach City Policy Manual also identifies Policy K-5 Paleontological and Archaeological Resource Protection Guidelines, which requires that the City prepare and maintain sources of information regarding paleontological sites. Future development facilitated by the Project would be required to comply with the City Council Polley K-5, as set forth in SC GEO-1. Compliance with SC GEO-1, General Plan policies within Natural Resources Element Goal NR 18, and the policies under Goal HR 2 of the Historical Resources Elementwould reduce impacts to paleontological resources to a less than significant level. Standard Conditions of Approval SC GEO-1 In compliance with Newport Beach Council Policy Manual, Paleontological and Archaeological Resource Protection Guidelines (K-S), prior to the issuance of a grading permit by the City, the project applicant shall retain and provide documentation of such retention to the City of Newport Beach Community Development Director. The qualified paleontologist shall be to be present during ground -disturbing activities on the site or available on an on -call basis, as determined by the City. If paleontological resources are encountered, all construction work In the general area of the find shall cease until the paleontologist assesses the find. Construction activities may continue in other areas. The paleontologist shall determine the significance of the resources and recommend next steps (e.g., additional excavation, curation, preservation, etc.). If, in consultation with the City, the discovery Is determined to not be important, work will be permitted to continue In the area. Any resource shall be curated at a public, nonprofit institution with a research interest in the materials, such as the Natural History Museum of Los Angeles County orthe Cooper Center (a partnership between California State University, Fullerton and the County of orange). 16 Exhibit"B" 23-4 7 City of Newport Beach General Plan Housing Implementation Program Section 4 Findings of Fact and Statement of overriding considerations Less Than significant With Mitigation Hazards and Hazardous Materials "Would the Project create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous rnateriats?" Basis for Conclusion: Hazardous materials would be limited to those associated with common household fertilizers, pesticides, paint, solvents, and petroleum products. Because these materials would be used in very limited quantities, they are not considered a significant hazard to the public. The a routine transport, use, or disposal of hazardous materials would be less than significant since all uses and facilities are required to comply with all applicable federal, Mate and regional regulations which are intended to avoid Impacts to the public or environment. "Would the Project create a slgnificant hazard to the public or the environment through reasonably foreseeable upset and accident conditions Involving the release of hazardous materials Into the environment?„ Basis for Conclusion: Regulatory databases (i.e., SWRCS GeoTracker and DISC Envirostor), identified housing sites 141(closed case) and 235 (active case) as located on a listed Envirostor site and housing site 100 (inactive case) as located adjacent to a listed Envirostor site. Housing sites 33, 84, 86, 204, 224, 235, and 238 are located on a Geoiracker site; all of these cases are closed. Because the contamination status of properties can change, as a part of the City's development review process, each mousing site would be required to be evaluated and/or reevaluated, if and when the individual site is proposed For development or redevelopment with a residential land use. Future development would be subject to comply with General Plan Safety Element Policy 5 7.1, which requires proponents of projects in known areas of contamination from oil operations or other uses perform comprehensive soil and groundwater contamination assessments in accordance with American Society for Testing and Materials standards. Future housing development could require demolition of existing uses, which could release asbestos containing materials (ACM), lead -based paints (LISP), and other hazardous materials. Federal and State regulations govern the renovation and demolition of structures where materials containing lead and asbestos are present, in addition to exposure to AGMs and LBPs, there is also the potential that grading and excavation of sites for future residential development may also expose construction workers and the public to potentially unknown hazardous substances present in the soil or groundwater, Compliance with {general Plan Safety Element policy 5 7.4, which requires implementation of remediation efforts for contaminated surface water and groundwater resources, would minimize the potential risks to construction workers and the public. Compliance with the existing regulatory framework would ensure that future housing development on housing sites would not result exposure of construction workers or the public to hazardous substances in the soil or groundwater, and impacts are less than significant. Construction activities associated with future residential development would include the use of materials such as fuels, lubricants, and greases in construction equipment and coatings used in construction. However, the materials used would not be in such quantities or stored in such a manner as to pose a significant safety hazard. Compliance with applicable laws and regulations governing the use, storage, and transportation of hazardous materials would ensure that all potentially hazardous materials are used and handled in an appropriate manner and would minimize the potential for safety impacts to occur. Future development near the Ninwport Gil Field, West Newport Oil Field, or on housing sites within the Methane Overlay Zone would be subject to comply with specific requirements outlined in Municipal Code 15Z5.040, which also requires testing of building site soils for the presence of methane gas and identify 17 Exhibit "B" 23-48 City of Newport Such General Phan HouSing Implementation Program Section 4 Findings of Fact and Statement of ovorriding Considerations Less Than Significant with Mitigatlon measures to mitigate excessive methane levels. Other requirements include installation of are isolation barrier beneath all newly constructed foundations and floors at ground level. Future development associated In the Identified areas of the City would be subject to the provisions of Chapter 9.04.170 of the City's Fire Code, which regulates the development on or near land containing or emitting toxic, combustible or flammable liquids, gases, or vapors. Compliance with the existing regulatory framework as outlined in Municipal Code chapters 15,55.040 and 9.04.170 would ensure that future housing development on housing sites would not result In health and/or safety hazards associated with existing oil wells and methane gas; Impacts are considered less than significant. Operation of the future residential development facilitated by the Project would Involve the use of small quantities of hazardous materials for cleaning and maintenance purposes, such as paints, household cleaners, fertilizers, and pesticides. No manufacturing, industrial, or other uses using large amounts of hazardous materials would occur as a result of the Project. Therefore, Impacts to the public and the environment during operation of the future residential development facilitated by the Project would be less than significant and no mitigation is required. "Would the Project emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one -quarter mile of an existing or proposed school?" Basis for Conclusion: Future housing development on housing sites facilitated by the Project would have a potentially significant impact on the environment from emitting hazardous emissions or substances within 0.25-mile of an existing or proposed school. The Project evaluates future residential uses on the housing sites. Residential uses do not generate hazardous emissions or involve the handling or hazardous materials, substances, or waste in significant quantities that would have an impact to surrounding schools. Impacts would be less than significant with no mitigation required. "Would the Project be located within an airport land use plan or, where such a plan has not yet been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard or excessive noise for people residing or working in the project area?" Basis for Conclusion: Project implementation would facilitate housing development within the John Wayne Airport Notification Area. While future housing development and non-residential development in the City, inclusive of the Airport Area, would increase the number of residents and non-residents proximate to John Wayne Airport, individual projects would be subject to development review by the City and where a General Plan, Specific Plan or PC amendment, or a rezone is required, the project would also be subject to the review of the Airport Land Use Commission (ALUC). A determination would be made by the City regarding whether future development on housing sites within are Airport Environs Land Use Plan (AELUP) Safety :Lone would result in a potential safety hazard. Based on the locations of the majority of the housing sites located in Safety Zone 6, the allowance for residential uses In Safety Zone 4, and the restriction of only low -density residential uses in Safety Zone 3, the potential for airport safety hazard impacts are considered less than significant. ""Would the Project impair Implementation of or physically interfere with an adapted emergency response plan or emergency evacuation plan?" Basis for Conclusion: The City's Emergency Operations Plans (EOP) provides guidance for the City's response to emergency situations associated with natural disasters, technological incidents, and national 18 Exhibit"13" 23-49 City of Newport Beach General Plan Housing Impiernentation Program Section 4 Findings of Pact and statement of overriding Considerations less Than Significant With Mitigation security emergencies. The Emergency operations plans identify evacuation routes, emergency facilities, and personnel, and describes the overall responsibilities of federal, State, regional, and city entities. Municipal Code Chapter 9.04 also sets standards for road dimension, design, grades, and other fire safety features, Further, the latest CBC also contains standards for new construction and development related to emergency events such as seismic events. Future development on housing sites would be required to comply with applicable building and fire safety regulations required for the design of new housing and emergency access. Impact are less than significant and no mitigation is required. "Would the Project expose people or structures to a signl'icant risk of loss, injury, or death Involving wiidland fires, including where wildlands are adjacent to urbanized areas or where residences are Intermixed with wildlands?" Basis for Conclusion: A small portion of housing site 131 is located within the Very High Fire Hazard Severity Zane (VHFHSZ) and all of housing site 336 is located within the VHFHSZ. Both housing sites are within the Coyote Canyon Focus Area, future residential development facilitated by the Project on these sites would consequently result in higher fire -related risks to people and structures. To minimize risk from wildfire, future development on the housing sites in high hazard severity zones are required to adhere to the California Fire Code Chapter 49, which requires applicants to prepare a fire protection plan for any sites located in the VHFHSZ or Wildiand-Urban Interface Fire Areas, the CBC, which contains construction requirements to reduce risk of fire hazards to residential property, and General Plan Safety Element Policies S 6.1 through 6.9, which are directly related to reducing the threat of fire hazards within the City. Compliance with the existing regulatory framework, including CBC regulations, California Fire Code regulations, and General Plan policies would reduce impacts related to wildfire hazards to a less than significant level, and no mitigation is required. Hydrology and Water Quality "Would the Project violate any grater quality standards or waste discharge requirements or otherwise substantially degrade surface or groundwater quality?„ Oasis for Conclusion: Future projects would be required to demonstrate consistency with General Plan, Municipal Code, and LCP requirements, including those intended to protect water quality. The NPDE5 Construction General Permit program requires the implementation of DMPs to reduce or prevent pollutant discharge from these activities to the Maximum Extent Practicable for urban runoff for construction storm water. Construction activities would be required to comply with a project -specific SWPPP that identifies erasion -control and sedlment-control BMPs that would meet or exceed measures required bythe Construction Activity General Permitto control potential construction -related pollutants. Future housing projects would be required to comply with applicable local and regional storm water and urban runoff pollution and conveyance requirements including those outlined in the orange County Stormwater Management Program and the City's General Plan and Municipal Code. These regulations would manage storm water flows from development projects, bath to prevent erosion and to protect and enhance existing water -dependent habitats. These requirements would ensure that potential impacts from construction of developments facilitated by the Project related to soil erosion, siltation, and sedimentation remain less than significant and avoid violation to any water quality standards or waste discharge requirements. Future development would also be required to implement post -construction 8MPs in project design to capture and treat runoff. Therefore, the Project would not violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or groundwater quality. Impacts are Less than significant and no mitigation is required. 19 Exhibit "B•, 23-50 City of Newport Beach General Plan Housing implementation Program Section 4 Findings of Fact and statement of Overriding Considerations Less Than Significant With Mitigation "Would the Project substantially decrease groundwater supplies or Interfere substantially with groundwater recharge such that the Project may impede sustainable groundwater management of the bash►?" Basis for Conclusion: The City is underlain by the Orange County Groundwater Basin which Is managed by the Orange County 'Water District; however, It is not located within an identified recharge area. Of the 247 of the 247 housing sites are developed with impervious surfaces that limit groundwater Infiltration. Future housing development facilitated by the Project would be required to adhere to Municipal Code standards for avoiding and minimizing construction and operations impacts to groundwater supplies, Including Municipal Code Section 14.36.040 (Control of Urban Runoff), Section 15.10.130 (Erosion Control), and the Citywide Urban Runoff Management Plan NPOFS Municipal 5tormwater MS4 Permit. Therefore, the Project would not interfere substantially with groundwater recharge. Future housing development facilitated by the Project would result in increased demand for groundwater as supplied by the City, Irvine Ranch Water District, and Mesa Consolidated Water District, General Plan Policy Nil 3.6 requires that development not result In the degradation of natural water bodies. Policy NR 3,19 requires incorporation of natural drainage systems and storm water detention facilities into new developments, where appropriate and feasible, to retain storm water in order to increase groundwater recharge. These policies are consistent with the intent of the Groundwater Management Plan for the Orange County Groundwater Basin. The Project would not substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the Project may Impede sustainable groundwater management of the basin. impacts are less than significant and no mitigation is required. "Would the Project substantially alter the existing drainage pattern of the site or area, Including through the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner which would result in substantial erosion or siltation on- or off -site?" Basis for Conclusion: All future development, regardless of existing conditions, would be subject to the NPDES Construction General Permit program which requires implementation of BMPs to reduce or prevent pollutant discharge from construction activities. Specifically, project -specific SWPPPs would Identify erosion -control and sediment -control BMPs that would meet or exceed measures required by the Construction Activity General Permit. The General Plan also contains policies designed to minimize storm water and erosional impacts during construction. Policy NR 3.10 requires new development applications to include a WQMP to minimize runoff during construction. Policies NR 3.11, NR 3.12, and NR 4.4 require Improvement and Implementation of BMPs to prevent or minimize erosion during construction. Compliance with the existing regulatory framework and General Plan policies would reduce, prevent, or minimize soil erosion from grading and construction activities. impacts would be less than significant. "Would the Project substantially alter the existing drainage pattern of the site or area, Including through the alteration of the course of a stream or river or through the addition of impervious surfaces, In a manner which would substantially increase the rate or amount of surface runoff in a manner which would result in flooding ono or off - site?" Basis for Conclusion: On developed sites, future residential development facilitated by the Project would not substantially alter drainage patterns because these areas are already developed with existing uses and impervious surfaces. Increased impervious surfaces would increase storm water runoff. Increased runoff could exceed the capacity of existing and planned infrastructure and cause downstream flooding 20 Exhibit "B" 23-51 City of Newport Beach General Plan Housing Implementation Program Section 4 Flndings of Fact and Statement of Overriding Considerations Less Than Significant With Mitigatfon impacts. Future housing development facilitated by the Project would he required to adhere to all federal, State, and local requirements for avoiding construction and operations Impacts that could substantially alter the existing drainage pattern or alter the course of a stream or river, including Municipal Code Sections 15.10.130 (Erosion Control) and 15.50 (Floodplain Management), General Plan Safety Element Policies S 2.6, S 5.1, and S 5.3, which would require storm drain maintenance, mitigation of flood hazards by including on -site drainage systems that are connected to the City's storm drain system, ,grading of sites such that runoff does not impact adjacent properties, or elevating Buildings above flood levels, and incorporation of storm water detention basins. Compliance with General Plan policies and Municipal Code regulations would ensure the Project does not increase the rate or amount of surface runoff in a manner which would result in flooding. Impacts are less than significant and no mitigation Is required. "Would the AroJect substantially alter the existing drainage pattern of the site or area, Including through the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner which would create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff?' Basis for Conclusion: Future residential development facilitated by the Project could potentially exceed existing storm water drainage systems capacities due to increased population growth and storm water generation. Several General Plan Natural Resources Element policies designed to minimize storm water runoff would apply to future development on housing sites. Policy Nit 3.11 requires implementation of BMPs in all developments to treat .storm water runoff, Policy NR 3.19 requires Incorporation of natural Systems and storm water detention facilities to retain storm water and increase groundwater recharge, and Policy NR 3.20 requires minimize the creation of impervious surfaces and increase pervious surfaces where possible, which would reduce downstream impacts to the City's storm water drainage infrastructure. Implementation of these policies would reduce the volume of runoff generated, and further reduce impact to existing or planned storm water drainage systems. New development and significant redevelopment are subject to Municipal Code Section 14,36.040 (Control of Urban Runoff), which enables the Community Development Department and/or Public Works Department to issue conditions and requirements reasonably related to the reduction or elimination of pollutants in storm water runoff from a development site. Upgrades to the existing storm drain system In the Clty could be required as result of new development and redevelopment that could occur under the Project, However, future development would require the study of localized conditions and construction of additional storm drains based on site -specific conditions and proposed development plans. If constraints are identified, the applicant would be required to construct or contribute a fair -share toward the storm drain improvement. Compliance with General Plan policies identified above and Municipal Code sections would minimize storm water runoff and would not exceed the capacity of existing or planned storm water drainage systems. Therefore, impacts would be less than significant and no mitigation is required. "Would the project substantially after the existing drainage pattern of the site or area, Including through the alteration of the course of a stream or river or through the addition of Impervious surfaces, In a manner which would Impede or redirect flood flowsr"'• Basis for Conclusion: There are 29 housing sites within a Flood Hazard Zone. General Plan Safety Element Policy S 5.1 requires that all new development within 100-year floodplains incorporate sufficient 21 Exhibit " 8' 23-52 City of Newport Beach General Plan Housing Implementation Program Section 4 Findings of Fact and statement of Overriding Considerations Less Than Significant With Mitlgatlon measures to mitigate flood hazards including the design of on -site drainage systems that are connected with the City's storm drainage system, gradation of the site such that runoff does not impact adjacent properties, and buildings are elevated. Policy S 5.3 requires storm water detention basins to reduce potential risk of flood hazards. Municipal Code Chapter 1S.50 jFloodplain Management) establishes methods and provisions that would minimize flood damage to residential development. Municipal Code Section 15.50.200 specifies standards for construction for all new construction and substantial improvements of structures within special flood hazard areas. These requirements include that the lowest floor of residential structures And structures within subdivisions to be elevated to or above the base flood level. Compliance with General Plan policies and Municipal Code regulations would reduce impacts related to flood flows. Impact would be less than significant and no mitigation Is required. "Would the project, in flood hazard, tsunami, orselche zones, risk release of pollutants due to project Inundation?" Basis for Conclusion: Three housing sites are in tsunami evacuation areas — sites 133,134, and 334 — all of which are within the hover-Westcliff Focus Area. As set forth In General Plan Safety Element Policies S 1.1 and S 1.2, the City has identified evacuation routes in areas susceptible to tsunami inundation and developed and implemented response plans for the City's emergency services. All future housing development within tsunami evacuation areas would be covered by the established evacuation plan, including routes along the Balboa Peninsula and Mariner's Mile. Twenty-eight housing sites are in an Identified Flood Hazard Zone. Future development facilitated by the Project could place housing and structures within a 100-year flood hazard area and/or dam inundation area. Several General Plan Safety dement Policies are aimed at reducing impacts related to flooding and storm surge events. Policy 5 2.7 requires new or remodeled residential structures in area susceptible to storm surges to raise floor elevations as required by building codes. Policy S 5.1, which require that all new development within 100-year f oodplains incorporate sufficient measures to mitigate flood hazards Including the design of on -site drainage systems that are connected to the City's storm drainage system. The City requires all new development within a 100-yearflood hazard area to obtain all necessary permits from applicable governmental agencies, and implement specific construction standards codified under Municipal Code Section 15.50,200, Future development facilitated by the Project would be required to adhere to all federal, State, and local requirements for avoiding and minimizing Impacts related to flood hazards, tsunami, or selches, Including General Plan policies and Municipal Code regulations. Considering these requirements, future development facilitated bythe Project would not result In significant increased risk concerning release of pollutants due to inundation, tsunami, or selche zones. Therefore, impacts would be less than significant and no mitigation is required. "Would the Project conflict with or obstruct Implementation of a water quality control plan or sustainable groundwater management plan?" Basis for Conclusion: The City is under the jurisdiction of the Santa Ana Regional Water Quality Control Board (RWQCB), which establishes water quality objectives and standards for both surface and groundwater of the region, and water quality discharge requirements. Under the Santa Ana RWQCB'.s NPDES permit system, all existing and futurn municipal discharges to surface waters within the City would be subject to regulations. NPDES permits are required for operators of MS4s, construction projects, and industrial facilities. Developments within the City would also be subject to the provisions in Municipal Code Chapter 14.36 (Water Quality). Under the provisions of Chapter 14.36, any discharge that would result in or contribute to degradation of water quality via storm water runoff is prohibited. Operation of 22 Exhibit "B" 23-53 City of Newport Beach General Plan Housing Implementation Program Section 4 Findings of Fact and Statement of overriding considerations Less Than Significant With Mitigatlon new development or redevelopment projects are required implement of BMPs identified In the Drainage Area Management Plan (DAMP) to control storm water runoff to prevent any deterioration of water quality that would impair subsequent or competing beneficial uses of the water. Future housing development would not obstruct implementation of applicable plans; Impacts would be less than significant and no mitigation is required. Land Use and Planning "Would the Project physically divide an established community?" Basis for Conclusion: The Project would not result In the division of an established community because housing sites are located throughout the City, rather than In a single, concentrated area, and the Project does not propose any major roadways that would traverse an existing community or neighborhood, Therefore, impacts are less than significant and no mitigation is required. 'Would the Project cause a significant environmental impact due to a conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect?' Basis for Conclusion: The Project does not propose changes to the existing General Plan land use categories that govern land uses within the City, Including the five land use designations that solely accommodate residential development. No change is proposed to the designations' densities or housing types. The Project proposes amendments to the General Plan Land Use: Element goals and policies to further the Implementation of the 2021-2029 Housing Element. The proposed Land Use Element updates are required to ensure consistency between General Plan elements in compliance with state law. The Land Use Element amendments would ensure thatfuture housing development facilitated by the Project occurs in a manner that is consistent with densities, objective design, and development standards in the City. Analysis of the Project's consistency with the applicable existing and proposed goals and policies of the General Plan Land Use Element concludes that the Project would not conflict with key relevant Land Use Element policies adopted for the purposes of avoiding or mitigating an environmental effect. The Project includes 48 housing sites that are located within the Coastal Zane and would be subject to the LCP. The Project includes modifications to existing LCP policies, as well as new policies, to facilitate future development of housing on sites located within the Coastal Zone. Additionally, Municipal Code Chapter 21.28, Overlay Coastal Zoning Districts, would be amended to include Section 21.28.070: Housing Opportunity (HO) Overlay Coastal Zoning Districts. The HO Overlay Coastal Zoning Districts are intended to accommodate housing opportunities consistent with the 2021-2029 Housing Element's focus areas and to ensure the City can meet RHNA allocation. The LCP policy changes and associated Municipal Code amendments would not change the underlying zoning or land use of housing sites. Future housing development facilitated by the Project would be subject to the City's review and approval process and would need to comply with all applicable federal, State, and local laws and regulations, Including those related to the Coastal Zone. Therefore, upon approval of the Project's discretionary actions, the Project would result in less than significant impacts related to conflicts with the LCP and policies and programs adopted for the purpose of avoiding or mitigating an environmental effect. 23 Exhibit "lg" 23-54 City of Newport Beach General Plan Housing Implementation Program Section 4 Findings of Fact and Statement of Overriding Considerations less Than Significant With Mitigation Noise ",Would the Project result In the generation of a substantial temporary or permanent Increase In ambient noise levels in the vlcinityof the project in excess of standards established In the local general plan or noise ordinance, or applicable standards of other agencies?" Basis for Conclusion: Construction. Construction activities occurring under the Project could result in a temporary increase In ambient noise levels. General Plan Policy N 4.6 would reduce impacts related to construction noise by limiting the hours of maintenance or construction activity in or adjacent to residential areas, and General plan Policy N 5.1 would enforce the limits on hours of construction activity. Construction noise is an existing noise source in the City and while the noise levels at existing construction sites may not substantially differ from future construction noise resulting from development under the Project, construction noise would occur in areas of the City that are already developed. In some instances, construction noise may be introduced where it did not previously exist. Because specific project -level information is inherently not available at this time, It Is not possible nor appropriate to quantify the construction noise impacts at specific sensitive receptors. In most cases, construction of individual developments associated with implementation of the Project would temporarily increase the ambient noise environment in the vicinity of each housing site, potentially affecting existing and future nearby sensitive uses. The nearest sensitive uses (e.g., residential uses) could be located within approximately 25 feet of construction activities associated with the Project. Intermittentconstruction equipment could reach or exceed 91 dBA. Because of the high degree of variability in construction noise, exposure to such sound level incursions could be brief, and the maximum noise levels at adjacent uses would lessen as the noisiest piece of construction equipment moved farther away, reduced the necessary power setting, and/or changed the interaction with the work piece. Nearby sensitive receptors may be exposed to elevated noise levels for the duration of construction. Noise levels would be higher during the demolition, site preparation, and excavation activities, where the use of heavy construction equipment is more frequent but also during other portions of the overall construction process. Construction activities would also cause increased noise along access routes to and from the site due to movement of equipment and workers. These trips would occur incrementally over the construction phases. Municipal Code Section 10,28,040 (Construction Activity -- Noise Regulations) limits noise sources associated with construction, repair, remodeling, or grading of any real property to the hours of 7:00 a.m. and 6:30 p.m. on weekdays. Construction can be performed on Saturday, in any area of the City that is not designated as a high -density area, between the hours of Boil a.m. and 6:00 p.m. Municipal Code Section 10.26.035(D) also exempts construction noise from the City's exterior and interior noise limits, acknowledging that construction activity is a normalized function of typical urban and suburban activities during daytime hours. Therefore, construction noise Is exempt and following compliance with the City's allowable construction hours and provisions of the Municipal Cade, construction activities associated with the Project would be less than significant. Operations — Stationary noise Sources. Operational stationary noise sources (e.g., heat€ng, ventilation, and air conditioning [HVACj) are anticipated to increase incrementally from increased residential development as a result of the Project. Due to the variability and details for future individual residential developments, quantifying long-term stationary noise impacts from the Project Is not feasible. Depending on how development proceeds (i.e„ individual housing developments would occur over time dependent upon market demand, economic, and planning considerations, among other factors), future residential development could generate noise levels that exceed the City's noise standards at adjacent sensitive receptors. However, tong -term stationary noise levels would be reduced through implementation of 24 Exhibit "B" 23-55 City of Newport Beach General Plan Housing Implementation Program Section 4 Flndfngs of Fact and Statement of overriding Considerations Loss Than 5lgnificant With Mitigation General Plan Policies N 1.1, N 1.4, N 4.1, and N 4.5. In addition, future development would be required to comply with City, State and federal guidelines concerning noise abatement and insulation standards. This would ensure that noise levels at the housing sites and surrounding areas are maintained within acceptable standards that prevent excessive disturbance, annoyance, or disruption. The noise standards outlined in Municipal Code Section 10.26.025 (Exterior Noise Standards) and Section 10.26.030 (Interior Noise Standards) would be relied upon to evaluate noise impacts from stationary sources at future residential developments. Following individual development and design review and compliance with the City's noise standards, as well as General Plan policies, the Project's impacts from stationary noise sources would be less than significant. "'For a Project located within the vicinity of a private airstrip or an airport land use plan or, where such a pion has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing, or working In the Project area to excessive noise revels?" Basis for Conclusion: There are housing sites located within the 65-70 dBA CNEL noise contour for John Wayne Airport. Section 3.2.3 of the AELUP requires residential uses to be developed with advanced insulation systems to bring the sound attenuation to no more than 45 dB interior and also requires uses to be "Indoor oriented." Project compliance with General Plan Noise Element policies N.1.2, N L5, N 1.5A, N 2.2, N 3.1, N 3.2, LU 6.15.3, and Municipal Code Section 20.30.080(F) (Residential Use Proximateto John Wayne Airport) would result in less than significant impacts with respect to housing development proximate to the airport and no mitigation is required. Population and Housing "Would the Project Induce substantial unplanned population growth In an area, either directly (for example, by proposing new hordes and businesses) or indirectly (for example, through extension of roads or other infrastructure)?" Basis for Conclusion; The Project's implementing actions would facilitate future housing development, which could induce population growth in the City beyond 2023 existing conditions and extrapolated 2029 SLAG forecast conditions. However, State law requires that -the City accommodate their RHNA "fair share" of the reglon's housing needs, which cannot be achieved without the Project's proposed rezoning/land use amendments. While the Project would facilitate the development of additional housing throughout the City, resulting in a forecast population growth of approximately 21,811 persons, this forecast population growth would be attributed to accommodating the City's remaining RHNA allocation of 4,845 dwelling units plus the RHNA buffer. Therefore, although the Project would indirectly Induce population growth in the City, it is not considered unplanned given State law requirements. As the City is predominately built out, it is anticlpated that future housing development facilitated by the Project would be adequately served by existing services and located near established infrastructure with onlyminor modifications required. Therefore, the Projectwould not induce unplanned population growth In the City by proposing new businesses or through extension of roads or other infrastructure. Planningfor the increase in housing in necessary to comply with the State -mandated 6" Cycle RHNA. The Project would not Induce substantial growth, but rather would accommodate projected growth in the region. Impacts are less than significant and no mitigation is required. 25 Exhibit " B" 23-56 City of Newport Beach General Plan Housing implementation Program Section 4 Findings of Fact and Statement of overriding Considerations Less Than Significant With Mitigation "Would the Project displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere or displace substantial numbers of people, necessitating the construction of replacement housing elsewherer Basis for Conclusion: A majority of the housing sites are developed with non-residential uses. Future housing development would occur such that there is no net loss of residential unit capacity. The Project would be consistent with State and local land use plans and would not displace a substantial number of housing units that would require replacement. Impacts are less then significant and no mitigation is required. Public Services "Would the Project result in substantial adverse .physical impacts associated with the provision of new or physicail y altered governmental facilftles, needfor new or physically altered governmental facilities, the construction of which could cause significant environmental Impacts, in order to maintain acceptable service ratios, response times or other performance objectives forfire protection?" Basis for Conclusion: Of the 247 housing sites, all are developed/occupied with structures except 21 sites, Fire protection services are provided to the currently developed sites and in the surrounding area of the vacant sites.. Future housing would incrementally increase the demand for fire protection and emergency services. All future mousing development facilitated by the Project would be subject to the City's development review process and would be assessed on a project -specific basis for potential effects concerning the secondary effects of population .growth, including but not limited to the need for public service improvements. Projects would need to demonstrate that adequate fire protection services can be provided for new housing and continue to be provided for existing land use. At the program -level of review, the Project would not result in a need for expanded or newly constructed facilities, and impacts associated with fire services would be less than significant. Should construction of new facilities be required in the future, each would undergo site -specific environmental analysis, as applicable. "Would the Project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilftles, need for new orphysically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response tunes or other performance objectives for police protection?" Basis for Conclusion: Police protection services are provided to the currently developed sites and In the surrounding area of the vacant sites. Future housing would incrementally increase the demand for police protection. All future housing development would be subject to the City's development review process and would be assessed on a project -specific basis for potential effects concerning the secondary effects of population growth, including but not limited to the need for public service Improvements. Projects would need to demonstrate that adequate police protection services can be provided for new housing and continue to be provided for existing land use. At the program -level of review, the project would not result in a need for expanded or newly constructed facilities, and impacts associated with police protection services would be less than significant. Should construction of new facilities be required in the future, each would undergo site -specific environmental analysis, as applicable. "Would the Project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically 26 Exhibit "g" 23-57 City of Newport Beach General Plan Housing Implementation Program Section R Findings of Fact and Statement of Overriding Considerations Less Than Significant with Mitigation altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance ob, jectives for schools?" Basis for Conclusion: The Project could result in an additional 1,623 students within the Newport -Mesa Unified School District and 4,939 students within the Santa Ana Unified School District. Due to the existing capacities within the school districts, it is expected that the increase in school -aged children could be accommodated within the existing school facilities. If now facilities would need to be constructed at a future date to accommodate increased demand on schools further environmental review separate from the Program EIR would be required as project -specific plans are developed to determine which school districts and schools specific development proposals would have the potential to Impact. Therefore, impacts are less than significant and no mitigation is required. "Would the Project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new orphysicolly altered governmental facilities, the construction of which could cause significant environmental Impacts, in order to maintain acceptable service ratios, response tunes or other performance objectives for libraries?"' Basis far Conclusion: Future housing development would generate population growth that could Incrementally increase the demand for library services at the Newport Beach library System's facilities. This new development would be subject to the Clty's development review process which includes project - specific review. New development would also be required to comply with Municipal Code Section 3.12 (Property Development Tax), which imposes an excise tax upon the construction and occupancy of each residential unit, commercial unit, and industrial unit. development facilitated by the Project would occur incrementally over time and as market conditions allow. Similarly, the tax proceeds from future development would be collected over time, allowing library improvements and expansions to occur as needed. If new facilities would need to be constructed at a future date to accommodate increased demand on libraries, further environmental review separate from the Program EIR would be required as project -specific plans are developed to determine which specific development proposals would have the potential to impact. Therefore, impacts are less than significant and no mitigation is required. Recreation "Would the Project increase the use of existing neighborhood, community and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated?" "'Does the Project Include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment?" Basis for Conclusion; An increase In City residents associated with the future development of housing sites within the Focus Areas would result In an Increased demand for recreational facilities. Newport Beach's park dedication requirement is 5 acres per 1,000 persons (Municipal Code Chapter 19.52, Park Dedications and Fees). Based on the City's estimated 2023 population of 83,411, the City has approximately 4.4 acres of Improved/developed parkland for every 1,000 residents. The future 9,914 housing units (RHNA plus buffer) facilitated by implementation of the 2021-2029 Housing Element would 27 Exhibit "B" 23-58 City of Newport Beach General Plan Housing implementation Program Section 4 Findings of Fact and Statement of Overriding Considerations Less Than Significant With Mitigation generate a population growth of approximately 21,81.1 persons in the City, which would increase the City's demand for parkland by approximately 109 acres assuming that every housing unit is constructed. Individual housing developments and the location of the housing in the City would occur over time dependent upon market demand, economic, and planning considerations, among other factors. Where a future housing project includes the subdivision of land, the housing project would be required to provide land or in lieu fees for parks and recreation purposes to bear a reasonable relationship to the use of the .park and recreational facilities by future inhabitants per Municipal Code Section 19.52.030 (Use of Park Dedications and Dees). While there would be an increased use of parkland and recreational facilities resulting from the increase in residential population, the City provides for the maintenance and enhancement of parks and recreational facilities through various funding sources. Because of the City's commitment to the maintenance and enhancement of such facilities and exploration of potential future funding sources, increased use of existing parks and recreational facilities resulting from the Project would not result in substantial physical degradation. 'therefore, impacts are less than significant. Transportation "Would the project, conflict with a ,program, plan, ordinance or policy addressing the circulation system, Including transit, roadway, bicycle and pedestrian facilities?" Basis for Conclusion. SCAG's Connect SoCal and the City have adapted programs, plans, ordinances, and policies that establish the planning framework to achieve a safe, accessible, and sustainable transportation system for all users. Connect SoCal aims to reduce or limit new trip generation and associated regional growth in traffic congestion and VMT by focusing growth, density, and land use Intensity within existing urbanized areas. Connect SoCal also strives to enhance the existing transportation system, maximize multi -modal transportation, and integrate land use into transportation planning. Project implementation would not, In and of itself, construct new housing In the City but would facilitate the development of residential units in existing urbanized areas by providing programs and policies that would promote housing for all persons. The Project supports these goals by providing opportunities for future housing; throughout the City, including the integration of multi -unit housing in areas of the community that have historically been jabs rich. The Project Is consistent with and would assist the City in meeting Connect SoCal Goal 9 to encourage development of diverse housing types in areas that are supported by multiple transportation options. Future housing projects are expected to include mixed -use developments and a mix of market rate and affordable housing units, which Would help the City improve mobility through a Fetter jobs -housing balance. General Plan Circulation Element Policy CE 2.2.4 requires designing; traffic controls to ensure the roadway network functions safely and efficiently for vehicles, bicycles, and pedestrians. Policy CE 5.2.6 requires that new development projects include safe and attractive sidewalks, walkways, and bike lanes. All future housing development facilitated by the Project would also be subject to Municipal Code Section 15.38.050, which requires fair share contribution to construct circulation system improvements that improvethe efficiency of the circulation system. Thus, compliance with applicable General Plan Circulation Element policies and Municipal Code would ensure that future housing development projects facilitated by the Project would not conflict with programs addressing the circulation system. Impacts are less than significant and no mitigation Is required. 28 Gxhlbit"8" 23-59 City of Newport Beach General Plan Housing implementation Program section 4 Findings of fact and Statement of Overriding Considerations Less Than Significant With Mitigation "Would the proposed project substantially Increase hazards due to a geometric design feature (e.g., sharp curves or dangerous intersections) or Incompatible uses (e.g., farm equipment)? „Would the proposed project result In Inadequate emergency access?„ Basis for Conclusion; Future site -specific development would be subject to the City s development review process, which would include both design and engineering review to ensure roads and access is configured consistent with established roadway design standards. Future housing development would be required to comply with applicable building and fire safety regulations required for the design of new housing and emergency access; and would be required to adhere to applicable State and local requirements. As a result, future housing development on the housing sites would not substantially increase hazards due to design features or incompatible uses, or result in inadequate emergency access. Therefore, impacts would be less than significant and no mitigation Is required. Utilities and Service Systems "Require or result In the relocation or construction of new or expanded water facilities, the construction or relocation of which could cause significant environmental effects?" Basis for Conclusion: The majority of housingsites are within urbanized and developed areas, where there is existing water infrastructure. Therefore, it is anticipated that future housing development facilitated by the Project would connect to existing nearby domestic water infrastructure of the respective water purveyors with a limited need for relocation or construction of new or expanded water infrastructure. If I mprovements to the existing water system are required or additional facilities are needed, the property developer would be required to pay its fair share of the cost of all of portions of the needed I All future housing development would be subject to the City's development review process and would be assessed on a case -by -case basis for potential effects concerning the secondary effects of population growth, Including the need for infrastructure improvements. Although the Project would require the relocation of construction of new or expanded water facilities, the construction or relocation of which would not cause significant environmental effects through compliance with the existing regulatory framework. impacts would be less than significant impact and no mitigation is required. "Would the Project require or result In the relocation or construction of new or expanded wastewater treatment facilities, the construction or relocation of which could cause significant environmental effects?" "Would the Project result In a determination by the wastewater treatment provider which serves or may serve the Project that it has adequate capacity to serve the Project's projected demand in addition to the provider's existing commitments?" Basis for Conclusion: The majority of housing sites are within urbanized and developed areas, where there is existing wastewater Infrastructure. Therefore, it is anticipated that future housing, development would connect to existing nearby sewer infrastructure of the respective districts with a limited need for relocation or construction of new or expanded infrastructure. All future housing projects would be subject to the City's development review process Including site -specific evaluation of the respective sanitation districts' existing infrastructure and treatment capacity to serve the development. Projects would need to demonstrate that adequate sewer infrastructure and treatment capacity is available or can be provided for new housing and continue to be provided for existing land uses. The City levies connection fees for 29 Exhibit " B" 23-60 City of Newport Beach General Plan Housing Implementation Program Section 4 Findings of Fact and statement of overriding Considerations Less Than Significant With Mitigation new or expanded sewer connections, including those to new development. These connection fees help fund the costs associated with providing wastewater facility capacity to both new users requiring new connections, as well as existing users requiring additional capacity. Projects would be required to comply with federal, State, and local requirements related to wastewater treatment during construction and operations, including the Municipal Code Chapter21.35 (WaterQuality Control), Municipal Code Chapter 14.36 (Water Quality), and the Construction Permit. General Plan policies require that adequate public services and infrastructure be provided as new development occurs. For example, compliance with Land Use Element Policies LU 2.8 and LU 3.2 require that land uses can be adequately supported by public services, transportation, and utility infrastructure. Future development would be subject to General Plan Policies NR 5.1 and NR 5.3 which require the renovation of all older sewer pump stations and the installation of new plumbing according to most recent standards, and implementation of the Sewer System Management Plan and Sewer Master Plan. All future housing development would be required to be designed, constructed, and operated In accordance with the respective service providers including QC San Ordinance Nos. 40 and 48, and all wastewater discharges Into OC San facilities would be required to comply with the discharge standards set forth to protect the public sewage system and Waters of the United States. Following compliance with the regulatory and General Plan policy requirements, the Project would result in a less than significant impact concerning its potential to cause environmental effects from the relocation or construction of new or expanded wastewater treatment or facilities and no mitigation is required. "Would the Project require or result in the relocation or construction of new orexpanded storm water drainage facilities, the construction of which could cause significant environmental effects?" Basis for Conclusion: All storm water Infrastructure from future development facilitated by the Project, including on -.site and off -site improvements, would connect to the City's existing storm water infrastructure. Banning Ranch and Coyote Canyon would require the construction of new storm water Infrastructure. All future development would be subject to the Orange County drainage Area Management Plan which requires new developments to create and implement a Water Quality Management Plan (WQMP), which would ensure pollutant discharges are reduced to the maximum extent practicable and do not exceed existing storm drainage capacities. Projects are required to reduce discharge of storm water into urban runoff from the operational phase by managing site runoff volumes and flaw rates through application of appropriate BMPs and be designed in accordance with the NPdES requirements. As a part of the site -specific development review process through the City, applicants would be required to demonstrate that drainage facilities would also be designed in accordance with Municipal Code Section 19.29.080, set forth In 5C UTIL-1. Therefore, following compliance with the regulatory requirements and 5C UTIL-1,'the Project would result in a less than significant impact. Standard Conditions of Approval SC UTtL-x The Project shall be required to comply with the City of Newport Reach Municipal Code Chapter 14.16 related to water conservation and supply level regulations in effect during the construction and operation of the project, and Municipal Code Chapter 14.17 with respect -to water -efficient landscaping. 30 Exhibit "B" 23-61 city of Newport Beach General Plan Housing Implementation Program Section 4 Findings of Exact and statement of Overriding Considerations Less Than Significant With Mitigation 'Would the Project require orresult in the relocation or construction of new or expanded electric power, natural gas, or telecommunication facilities, the construction of which could cause significant environmental effects?" Basis for Conclusion: All but 20 housing sites ( 9 within the Banning Ranch Focus Area and 1 within the Coyote Canyon Focus Area) are currently developed with infrastructure in place to serve the existing land uses. Housing sites that are located in or near developed areas would connect to existing electric power provided by Southern California Edison (SCE), natural gas provided by 5oCalGas, and telecommunications facilities provided by a variety of service providers. it is anticipated that SoCalGas would have sufficient capacity to serve the Project's natural gas demands. Because electricity and natural gas demands can be met by the current service providers, It is assumed that the Project would only require connections to existing facilities near future developments. Any future housing development in Banning Ranch and Coyote Canyon would require the construction of new dry utility infrastructure to connect to existing facilities. Any future residential development in these focus areas would also be subject to the City's development review process, and required to adhere to all federal, State, and local requirements for avoiding and minimizing impacts related to the relocation or construction of new or expanded electricity, natural gas, and telecommunication facilities. Following compliance with the regulatory requirements, the Project would result in a less than significant Impact concerning its potential to cause environmental effects from the relocation or construction of new or expanded dry utilities and no mitigation is required. "Would the Project generate solld waste in excess of State and local standards, or In excess of the capacity of focal infrastructure, or otherwise impair the attainment of solid waste reduction goals?" "Would the Project comply with federal, State, and local management and reduction statutes and regulations related to solid waste?" Basis for Conclusion. Future housing development facilitated by the Project would incrementally increase solid waste generation in the City. Future housing development would be subject to the City's development review process and be required to adhere to all federal, State, and local requirements for solid waste reduction and recycling. In addition, all future housing development would be required to comply with the Green Building Code, which implements design and construction measures that act to reduce construction -related waste through material conservation measures and other construction - related efficiency measures. Municipal Code Section 20 30.120 (Solid Waste and Recyclable Materials Storage) requires all new development projects requiring a building permit to provide adequate, enclosed areas with solid roofs for collecting and loading solid waste and recycling materials. Impacts would be less than significant and no mitigation is required. Wildfire "if located in or near State Responsibility Areas (SRAs) or lands classified as Very High Fire Hazard Severity Zones (VHFHSZ), would the project require the installation or maintenance of associated infrastructure (such as roads, fuel breaks, emergency water sources, power lutes or other utilities) that may exacerbate fire risk or that may result In temporary or ongoing impacts to the environment?" Basis for Conclusion: The need for installation and maintenance of new infrastructure (such as roads, fuel breaks, emergency water resources, Power lines, or other utilities) would be evaluated as part of the development permit review process for future site -specific housing projects. General Plan land Use 31 Exhibit "B' 23-62 City of Newport Beach Gerkeral Plan Housing Implementation Program Section 4 Findings of Fact and Statement of overriding Considerations Loss Than Significant With Mitigation Element Policy LU 2.8 notes that future development must be supported by adequate utility and transportation infrastructure. It is anticipated that future housing development facilitated by the Project would be served by the extension of existing utility Infrastructure located primarily In existing rights -of - way because of the predominately developed nature of the City. The extension of existing utility Infrastructure Is not expected to exacerbate fire risk and applicants would be required to address wildfire exposure by complying with the wildfire protection building construction requirements contained in the then -current CBC, Including CBC, Chapter'7A, California Residential Code, Section R327, and California Referenced Standards Code, Chapter 12-7A. Impacts would be less than significant and no mitigation is required, `if located in or near State Responsibility Areas (SRAs) or lands classifier) as Very High Fire Hazard Severity Zones (VHF'HSZ), would the Project expose people or structures, to significant risks, including downslope or downstream flooding or landslides, as a result of runoff, post fire slope Instability, or drainage changes]" Basis for Conclusion: The VHFHSZ is exclusively located in the eastern portion of the city extending from SR-73 to the north to the Pacific ocean to the south. The natural environment of the Wildlond urban Interface sites indicates people and structures are highly prone to wildfires and downslope or downstream flooding as a result of runoff, post -fire instability or drainage. Flooding impacts could occur if there are increases in the amount of runoff delivered to the surrounding waterways -as a result of wildfire in VHFHSZs. Increased runoff could result in an increased total flow in the creeks or rivers causing flooding In flood hazards areas around the City, In addition to flooding .impacts, clownslope landslide hazards as a result of post -fire instability are also a possibility. Future housing development would be subject to development review by the City and each development would be engineered and constructed to maximize stability and preclude safety hazards to on -site and adjacent areas, Site -specific geotechnical studies would be required to determine the soil properties and specific potential for landslides in an area for new development per General Plan Policy S 4.7. Further, compliance with the CBC would require an assessment of hazards related to landslides and the incorporation of design measures into structures to mitigate this hazard if development were considered feasible. Municipal Code Chapter 15.10 (Excavation and Grading Code) also contains regulations and design requirements for hillside developments which would reduce impacts to any developments located downslope or downstream. Adherence to State and City codas and emergency and evacuation plans set by the City and County would prevent impacts to people or structures from, significant risks, Including downslope or downstream flooding or landslides, as a result of runoff, post -fire slope instability, or drainage changes. Therefore, impacts would be less than significant, and no mitigation: Is required. 32 E;xhiblt "g„ 23-63 City of Newport Beach General Plan Housing Implementation Program Section 4 Findings of Fact and Statement of overriding Considerations Less Than Significant With Mitigation Section 4: Environmental Imparts Found to he Less Than Significant with Mitigation Incorporated The Following potentially significant environmental impacts were analyzed In the Program EIR, and the effects ofthe Project were considered In the Program EIR. Where as a resultof the environmental analysis of the Project and compliance with existing laws, codes and statutes, and the identification of feasible mitigation measures, the following potentially significant Impacts have been determined bythe City to be reduced to a level of less than significant, the City has found in accordance with CEQA Section 21091(a)(1) and State CEQA Guidelines Section 15091(a) (1) that "Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant effects on the environment," which is referred to herein as "Finding 1". Where the City has determined pursuant to CEQASection 21081(a)(2) and State CEQA Guidelines Section 15091(a)(2) that "'Those changes or alterations are within the responsibility and jurisdiction of another public agency and have been, or can and should be, adopted by that other agency," the City's findings is referred to herein as "Finding 2". Air Quality "Would the Project expose sensitive receptors to substantial pollutant concentrations?' Finding The City adopts CEQA Finding 1 (State CEQA Guidelines § 5091(a)(1)). The *city finds that MM AQ-1 is feasible, is adopted, and will reduce air toxic Impacts to a less than significant level. Accordingly, the City finds that, pursuant to PRC Section 21081(a)(1) and State CEQA Guidelines Section 15091(a)(1), changes or alterations have been required in, or Incorporated Into, the Project that mitigate or avoid potentially significant biological impacts of the Project identified in the Program EIR. Basis for Conclusion: Toxin Air Contaminants (TACs), implementation of the Project could expose sensitive receptors to substantial pollutant concentrations associated with diesel particulate matter ([GPM) emissions from heavy trucks which could result In health effects. Eight housing sites are located within the CARS specified buffer distances for freeways, for which a more detailed site -specific analysis of TAC impacts would be required. Therefore, a project -specific Health Risk Assessment is required for residential uses that could be located within 500 feet of SR-73 in compliance with MM ALi 1, With Implementation of this mitigation measure, air toxic impacts would be less than significant. Mitigation Measures MM AQ-1 A project -specific Health Risk Assessment shall be conducted for Future residential development proposed within 500 feet of the State Route 73 right-of-way, pursuant to the recommendations set forth in the California Air Resources Board (CARS) Air Quality and Land Use Handbook. The Health Risk Assessment shall evaluate a project per the following South Coast Air Quality Management District (SCACI,MD) thresholds: Cancer Risk. Emit carcinogenic or toxic contaminants that exceed the maximum Individual cancer risk of 10 In one million. • Non -Cancer Risk. Emit toxic contaminants that exceed the maximum hazard quotient of one In one million. 33 Exhibit " B" 23-64 City of Newport Beach General Plan Housing Implementation Program Section 4 Flndtngs of Fact and Statement of Overriding Considerations Less Than Significant With Mitigation The SCAQMD has also established non -carcinogenic risk parameters for use in HRAS. Noncarcinogenic risks are quantified by calculating a "hazard Index," expressed as the ratio between the ambient pollutant concentration and its toxicity or Reference Exposure Level (REQ. An REL is a concentration at or below which health effects are not likely to occur. A hazard index less of than one (1.0) means that adverse health effects are not expected. If projects are found to exceed the SCAQMD's Health Risk Assessment thresholds, mitigation shall be incorporated to reduce impacts to below SCAQNID thresholds. Biological Resources `Would the Project have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service?" Finding The City adopts CEQA Finding 1 (State CEQA Guidelines g15091(a)(1)). The City finds that MM 13104 Is feasible, is adopted, and will reduce the biological impacts of the Project to a less than significant level. Accordingly, the City finds that, pursuant to PRC Section 21081(a)(1) and State CEQA Guidelines Section 15091(a)(1), changes or alterations have been required in, or incorporated into, the Project that mitigate or avoid potentially significant biological impacts of the Project identified in the Program EIR. Basis for Conclusion: While the Project does not propose grading or construction, it can be assumed that any future housing development facilitated by the Project could directly or indirectly impact sensitive wildiife or plant species through such activities. Given the City's existing developed nature, the housing sites mainly include properties that are developed or located adjacent to existing development. Except for the 21 vacant housing sites (Sites 110-118, 120-124, 126-131, and 215), all other housing sites are developed/occupied by structures and do not contain any species identified as a candidate, sensitive, or special status species In local or regional plans, policies, or regulations, or by the CDFW or USFWS. The precise locations of sensitive plant and wildlife species world be identified through site -specific, on - site reconnaissance and project -level analysis In conjunction with future development permit applications. Sites with sensitive biological resources require discretionary review and may require permits (e.g., Coastal Development Permits, Conditional Use Permits, and/or permits .by regulatory agencies including the CDFW and USFWS). ,any future housing development would be required to comply with the permit processing procedures and development regulations required by the Municipal Code. Any future development facilitated by the Project on housing sites would require biological studies and mitigation as Identified In MM 810-1, if applicable based on site -specific review of future development applications. Flowever, all housing sites would be required to comply with applicable federal, State, and local programs and requirements with respect to potential impacts to biological resources, including concerning sensitive and protected plant and wildlife species and jurisdictional waters. General Plan Goal Natural Resources Clement NR-10 and Polices N11-10.1 through 10.9 identify actions that may be necessary during project -specific analysis and development to protect sensitive and rare terrestrial and marine resources from urban development. Safety Element Policies 5-6.3 through 6.5 protect sensitive habitats from fuel modification zone impacts. Compliance with Policies Nil 10.1 through 10.9 and S-6.3 through 6.5 would ensure that sensitive and rare biological species are protected from impact that may occur from future development facilitated by the Project. The General Plan policies 34 Exhibit "0" 23-65 City of Newport Beach General Flan Housing Innplementation Program Section 4 Findings of fact and statement of Overriding Considerations Less Than Significant with Mitigation further restrict development within wetland areas and ESAs; 23 sites are within an ESA. New development proposed on these sites would be subject to compliance with General Plan Policy NR 10.3, which requires a site -specific survey and analysis prepared by a qualified biologist as a filing requirement for any development permit applications where development would occur within or contiguous to areas identified as E5As. Compliance with Policy NR-10.3 would ensure that any future development within an ESA would Identify any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the CDFW or USFWS. Future housing development would comply with SC 810-1, which requires a pre -construction bird survey to identify any active nests in and adjacent to a project site. The General Plan Program EIR determined that compliance with these policies and federal, State, and local laws would mitigate potential impacts to a less than significant level. Compliance with the existing regulatory framework and MM B10- , would reduce potential impacts on sensitive plant and wildlife species and ensure proper assessment of potential impacts to candidate, sensitive, and special status species be made on a project -by -project basis. The Project's potential impacts to any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the CDFW or USFWS would be less than significant with mitigation. Standard Conditions of Approval SC BIO-1 Prior to the commencement of any proposed actions (e.g., site clearing, demolition, grading) during the breeding/nesting season (September 1 through February 15), a qualified biologist shall conduct a preconstruction survey(s) to identify any active nests in and adjacent to the project site no more than three days prior to initiation of the action. Costs associated with the biologist shall be the responsibility of the project applicant. If the biologist does not find any active nests that would be potentiaily impacted, the proposed action may proceed. However, if the biologistfinds an active nest within or directly adjacent to the action area (within IOU feet) and determines that the nest may be impacted, the biologist shall delineate an appropriate buffer zone around the nest using temporary plastic fencing or other suitable materials, such as barricade tape and traffic cones. The buffer zone shall be determined by the biologist in consultation with applicable resource agencies and in consideration of species sensitivity and existing nest site conditions, and in coordination with the construction► contractor. The qualified biologist shall serve as a construction monitor during those periods when construction activities occur near active nest areas to ensure that no inadvertent impacts on these nests occur. Only specified construction activities (if any) approved by the qualified biologist shall take place within the buffer zone until the nest is vacated. At the discretion of the qualified biologist, activities that may be prohibited within the buffer zone include but not be limited to grading and tree clearing. Once the nest Is no banger active and upon final determination by the biologist, the proposed action may proceed within the buffer zone. The qualified biologist shall prepare a survey report/memorandum summarizing his/her findings and recommendations of the preconstruction survey. Any active nests observed during the survey shall be mapped on a current aerial photograph, including documentation of GPS coordinates, and included in the survey report/memorandum. The completed survey report/memorandum shall be submitted to the City of Newport Reach Community Development Department prior to construction -related activities that have the potential to disturb any active nests during the nesting season. 35 Exhibit •'B" 23-66 City of Newport Beach General Plan Housing Implementation Program Section 4 Findings of fact and Statement of Overriding Considerations Less Than Significant With Mitigation Mitigation Measures MM 0I0-1 Applications for future Dousing development facilitated by the Project, where the City has determined a potential for impacts to special -status wildlife and plants species, shall be required to comply with the following mitigation framework: Prior to the issuance of any permit for future development consistent with the Project, a site -specific general biological resources survey shall be conducted to identify the presence of any sensitive biological resources, including any sensitive plant or wildlife species. A biological resources report shall be submitted to the City to document the results of the biological resources survey. The report shall Include (1) the methods used to determine the presence of sensitive biological resources; (2) vegetation mapping of all vegetation communities and/or land cover types; (3) the locations of any sensitive plant or wildlife species; (4) an evaluation of the potential For occurrence of any listed, rare, and narrow endemic species; and (5) an evaluation of the significance of any potential direct or Indirect impacts from the proposed project. IF potentially significant impacts to sensitive biological resources are identified, future project site grading and site plans shall incorporate project design features required by the applicant to minimize direct impacts on sensitive biological resources to the extent feasible, and the report shall also recommend appropriate mitigation to be implemented by the applicant to reduce the Impacts to below a level of significance. The project design features shall be submitted to the Community Development Direetoror their designee For review and approval. "Would the Project huge a substantial adverse effect on any riparian habitat or other sensitive natural community Identified In local orreglonal plans, policies, regulations or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service?" Finding The City adopts CEQA Finding 1 (State CEQA Guidelines §15091(a)(1)). The City finds that MM BIO-1 is feasible, is adopted, and will reduce the biological Impacts of the Project to a less than significant level. Accordingly, the City finds that, pursuant to PRC Section 21081(a)(1) and State CEQA Guidelines Section 15091(a)(1), changes or alterations have been required in, or incorporated into, the Project that mitigate or avoid potentially significant biological impacts of the Project identified in the Program EIR. Basis for Conclusion: Potential future housing projects could directly impact sensitive vegetation communities. The disturbance or removal of sensitive vegetation communities could result in a significant impact. Where sensitive vegetation communities are assumed to be present, site -specific surveys would be required to verify and confirm the presence of sensitive vegetation communities occurring on individual housing sites and determine the extent of any potential impacts. Projects facilitated by the Project would be required to adhere to all federal, State, and local requirements, including MM 810_1 for avoiding and minimizing construction and operations impacts to sensitive vegetation communities. Impacts to sensitive vegetation communities would be mitigated to a less than significant level. Riparian habitats are known to exist throughout the City. Implementation of General Plan Policies NR 10.1 through NR 10.7 would reduce or avoid impacts to riparian areas by ensuring cooperation with resource protection agencies, organizations, and conservation plans, and limiting or placing constraints on future development within Identified ESAs or areas containing significant or rare biological resources. in addition, Policies NR 13.1 and NR 13.2 would protect wetlands and their riparian habitat, and require a survey and 36 Exhibit "B" 23-67 City of Newport Beach General Plan Housing Implementation Program Section 4 Findings of Fact and Statement of Overriding considerations less Than Significant With Mitigation analysis of future development within a delineated wetland area under the Project. An Indirect impact to riparian habitat could result from the future development of existing vacant sites. The placement of development next to riparian habitats would disturb wildlife that rely on these areas for shelter and fond and could also result in the degradation of these areas through the introduction of feral animals and contaminants that are typical of urban uses. Because federal regulations do not specifically address protection of riparian vegetation under the Section 404 permitting process, and the fact that the CDFG Section 1600 SAA is a negotiated agreement, some unmitigated loss of riparian resources may occur. Therefore these regulations would not serve to fully protect and manage riparian habitat under future development. However, the aforementioned General Plan policies and MM BI©-1 would serve to regulate indirect Impacts future development could have on riparian habitats. Therefore, the Project impacts associated with riparian habitats would be less than significant with mitigation. Mitigation Measures MM BIO_1 is applicable, Cultural Resources "Would the Project cause a substantial adverse change in the signif cane of an archaeological resource Pursuant to ,Section 15064.5?" Finding The City adopts CEQA Finding 1 (State CEQA Guidelines §15091(a)(1)). The City finds that MM CUL-2 is feasible, Is adopted, and will reduce the cultural resources Impacts of the Project to a less than significant level. Accordingly, the City finds that, pursuant to PRC Section 21081(a)(1) and State CEQA Guidelines Section 15091(a)(1), changes or alterations have been required in, or incorporated into, the Project that mitigate or avoid potentially significant archeological resource impacts of the Project Identified in the Program EIR. Basis for Conclusion. Future development facilitated by the Project could involve ground -disturbing activities such as grading or excavation that could directly or indirectly impact undiscovered subsurface archaeological resources. Should archaeological deposits be encountered during project ground disturbance, a substantial adverse change In the significance of the archaeological resource could occur. Undeveloped sites often have a higher potential for the presence of unknown archaeological resources as the likelihood of encountering archaeological resources is greatest on sites that have been minimally excavated in the past. Previously excavated areas are generally considered to have a tower potential for archaeological resources since the soil containing the archaeological resources has been removed or previously disturbed. However, the depth of subsurface excavation would influence whether previously undisturbed areas are impacted. Therefore, the vacant housing sites have more potential to contain archaeological resources. Sites 110-119, 120-124, and 126-131 are vacant and any future development could have the potential to contain archaeological resources. Surface and shallow subsurface archaeological deposits at the housing sites have likely been destroyed or heavily disturbed because of previous development. However, future development still has the potential to disturb and potentially destroy subsurface prehistorfc/historic archaeological resources through grading and development; therefore, future development would be subject to City Council Policy K-5, which requires preservation of significant archeological and tribal cultural resources (SC CUL-1). 37 Exhibit "B" 23-68 City of Newport Beach General Plan Housing Implementation Program Section 4 Findings of Fact and Statement of Overriding Considerations Less Than Significant With Mitigation General Plan Policy HR 2.1, Policy HR 2.2 and Policy NR 18.1 require new development projects to identify and protect important archaeological resources within the City. General Plan Policy HR .2.1 and Policy NR 18.1 requirethat new development protectsand preserves archaeological resources from destruction and avoids or mitigates impactsto such resources. General Plan Policy HR 2.2 requires anyfuture development with the potential to affect archaeological resources to have a qualified archeologist on site to monitor all ground -disturbing activities and outlines the procedure if such resources are found. General Plan policy HR 2.3 and Policy NR 18.3 require the notification of cultural groups to proposed development adversely impacting cultural resources And permitting monitoring during grading. Policy HR 2.4 and Policy NR 18.4 require any new development, where on -site preservation is infeasible, to donate archaeological resources to responsible Institutions. Compliance with these City policies would ensure that future development facilitated by the Project would protect and preserve archaeological and tribal resources from destruction during new development construction. For those housing sites in the coastal tone, the City's Coastal Land Use Plan (CLUP) includes applicable policies. CLUP Policy 4.5-1 requires an in situ or site -capping preservation plan or a recovery plan for mitigating the effect of the development where avoidance is not fens€ble. CLUP Policy 4.5.1-2 requires monitoring during grading and excavation by a qualified archeologist and describes the process for determination of significance and mitigation should archaeological resource be discovered. CLUP Policy 4.5.1-3 requires the notification of cultural organizations of proposed developments that have the potential to adversely impact cultural resources and to allow monitoring during grading and/or excavation. CLUP Policy 4.5.1-4 addresses the disposition of archaeological materials when In situ preservation and avoidance are not feasible. CLUP Policy 4.5.1-5 requires an archeological/cultural resources monitoring plan that identifies monitoring methods, procedures to be followed should additional or unexpected archeological/cultural resources be encountered during site development, In addition to the noted policies, MM CUL-2 is required, which requires the preparation of an archaeological survey where deemed necessary by the City. Following compliance with General Plan and Coastal Land Use Plan policies, and MM CUL-2, the Project's potential to cause a substantial adverse change in the significance of an archaeological resource would be reduced to a less than significant level. Standard Conditions of Approval SC CUL-1 In compliance with City CounclI Policy K-5, prior to the Issuance of a grading permit by the City of Newport Beach, the Applicant shall retain a qualified archaeologist to periodically monitor ground -disturbing activities onsite and provide documentation of such retention to the City of Newport Beach Community Development Director. The archaeologist shall train project construction workers on the types of archaeological resources that could be found in site soils. The archaeologist shall periodically monitor project ground -disturbing activities. During construction activities, if Native American resources (i.e., Tribal Cultural Resources) are encountered, a Cultural Resource Monitoring and Discovery Plan (CRMDP) shall be created and implemented to lay out the proposed personnel, methods, and avoidance/recovery framework for tribal cultural resources monitoring and evaluation activities within the project area. A consulting Native American tribe shall be retained and compensated as a consultant/monitor far the project site from the time of discovery to the completion of ground disturbing activities to monitor grading and excavation activities. If archaeological resources are encountered, all construction work within 50 feet of the find shall cease, and the archaeologist shall assess the find for importance and whether Bg Exhibit `"B" 23-69 City of Newport Beach General Plan Housing Implementation Program section 4 Findings of Fact and Statement of Overriding Considerations Less Than Significant with Mitigation preservation In place without impacts Is feasible. Construction activities may continue in other areas. If, in consultation with the City and affected Native American tribe (as deemed necessary), the discovery is determined to not be important, work will be permitted to continue in the area. Any resource that is not Native American in origin and that cannot be preserved in place shall be curated at a public, nonprofit institution with a research interest in the materials, such as the South Central Coastal Information Center at California State University, Fullerton. Mitigation Measures MM CUL-2 Prior to any earth -disturbing activities (e.g., excavation, trenching, grading) that could encounter undisturbed soils, the project -level applicant for future development shall retain an archaeologist who meets the Secretary of the interior's Professional Qualifications Standards for Archaeology to determine if site -specific development allowed under the General Plan Update could result In a substantial adverse change in the significance of an archaeological resource pursuant to Section 15064.5 of the CEQA Guidelines. The investigation shall include, as determined appropriate by the archaeologist and the City of Newport Beach, an updated records search of the South Central Coastal Information Center of the California Historical Resources Information System, updated Native American consultation, and a pedestrian survey of the area proposed for development. The results of the investigation shall be documented in a technical report or memorandum that identifies and evaluates any archaeological resources within the development area and includes recommendations and methods for eliminating or avoiding impacts on archaeological resources or human remains. The measuresshall include as appropriate, subsurface testing of archaeological resources and/or construction monitoring bya qualified professional .and, if necessary, appropriate Native American monitors identified by the applicable tribe and/or the Native American Heritage Commission. Noise "Would the Project result in the exposure of persons to or generation of excessive groundborne vibration or groundborne noise levees?" Finding The City adopts CEQA Finding 1 (State CEQA Guidelines §15891(a)(1)). The City finds that MM-NOI 1 is feasible, is adopted, and will reduce the potential noise impacts of the Project to a less than significant level. Accordingly, the City finds that, pursuant to FRG Section 21081(a)(1) and State CEQA Guidelines Section 15091(a)(1), changes or alterations have been required in, or incorporated Into, the Project that mitigate or avoid potentially significant noise impacts of the Project Identified in the Program EIR. Basis for Conclusion: Short -terns construction activities could result in groundborne vibration impacts at noise sensitive receptors within the City depending on the site location, duration of construction activities, and equipment used at the construction site. Similar to noise, groundborne vibration rapidly attenuates with distance. Qroundborne vibration would primarily impact vibration sensitive land uses (e.g., nonengineered timber and masonry buildings) located adjacent to or proximate to individual project sites. Vibration velocities from typical heavy construction equipment operations at 25 feet from the activity source would not exceed the FTA's 0.2 inch/second threshold, except for pile driving activities. Vibration velocities from pile driving activities at 50 feet from the activity source would exceed the 0.2 the 39 Exhibit W 23-70 City of Newport Beach General Plan Housing implementation Program section 4 Findings of fact and Statement of Overriding Considerations Less Than Significant With Mitigation inch/second threshold. Construction -related activities that Involve pile driving and occur 50 feet from a vibration sensitive land use (Ee., non -engineered timber and masonry buildings) could exceed the 0.2 the inch/second threshold. The Project has the potential to expose persons or structures to, or generate excessive groundborne vibration or groundborne noise levels. MM NOI-1 requires a preconstruction survey of all buildings within a 50-Pout radius of proposed construction activities that Involve pile driving, and that alternative methods be utilized. With implementation of MM NO1-1, construction vibration impacts would be less than significant. Residential uses are not expected to generate excessive groundborne vibration or groundborne noise. Future development under the Project would not involve railroads or heavy truth operations, and therefore would not result in vibration impacts at surrounding uses. Therefore, operational activities associated with future residential development from the Project would be less than significant. Mitigation Measures MM N0I-1 To avoid impacts to vibration sensitive land uses (€.e., non -engineered timber and masonry buildings) located within a 50-foot radius of pile driving activities, prior to demolition, grading, or building permit approval, the following measures shall be specified on the Project plans and implemented during construction: Pile driving within a 50-foot radius of vibration sensitive land uses shall utilize alternative installation methods (e.g., pile cushioning, jetting, predrilling, cast -in -place systems, resonance -free vibratory pile drivers) such that vibration velocities from the alternative construction activity would fall below the 0.2 Inch/second threshold. • The preexisting condition of all vibration sensitive land uses within a 50-foot radius of proposed pile driving shall be documented during a preconstruction survey. The preconstructlon survey shall determine conditionsthat exist before construction begins for use in evaluating damage caused by pile driving, if any. Fixtures and finishes susceptible to damage and within a 50 foot radius of pile driving shall be documented (photographically and in writing) prior to demolition, grading, or building permit approval. All damage shall be repaired/restored to its preexisting condition. Transportation "Would the Project conflict or be Mconsfxtent with State i EOA Guidelines Section 15061.3(b)?- Finding The City adopts CEQA Finding 1(State CEQA Guidelines §15091(a)(1)). The City finds that MM TRAINS-1 is feasible, Is adopted, and will reduce the potential transportation impacts of the Project to less -than - significant levels. Accordingly, the City finds that, pursuant to PRC Section 21091(a)(1) and State CEQA Guidelines Section 15091(a)(1), changes or alteratlons have been required in, or incorporated into, the Project that mitigate or avoid potentially significant transportation impacts of the Project identified in the Program EIR. Basis for Conclusion: The Existing Citywide Vehicle Miles Traveled (VMT) is 5,096,931, generated by a Service Population (population + employees) of 165,123 SP, resulting in 30.9 VMT/SP. The VMT for the Project Is 6,139,436, generated by a Service Population of 202,944 SP, resulting In 30.3 VMT/SP, a 40 Exhibit "T 23-71 city of Newport Beach General Plan Housing Impiementatlon Program Sectton 4 Findings of Fact and Statement of Overriding Considerations Less Than Significant with Mitlgation decrease of 0.6 VMT/SP from existing conditions. The Project would decrease the amount of travel per individual that is forecast to occur In comparison to the existing conditions. The General Flan Baseline (Buildout Land Use) was analyzed to determine, at a programmatic level, whether the Project would improve or worsen the VMT In comparison to the City's horizon year No Project condition, The Buildout band Use VMT would be 6,006,700, generated by a Service Population of 186,367 SP, resulting In 32.2 VMT/SP. A comparison of the VMT Indicates that from Existing to Buildout Land Use there is an increase of 909,769 VMT. The Project VMT/SP is lower in comparison to the Buildout Land Use VMT/SP. The VMT/SP for the Buildout Land Use is 32.2, which is more than the Project's VMT/SP. The Project decreases the amount of travel per Individual that is forecast to occur in comparison to the Buildout Land Use. The Project would place more housing near to where the employment is located, reducing Citywide VMT/SP in comparison to the Buildout Land Use. This is because the Project would develop more housing proximate to where employment is located, reducing Cityw€de VMT/5P in comparison to the 2006 General Plan Baseline (Buildout Land Use), While Project implementation would decrease the Citywide VMT/SP, the VMT/SP varies for each individual Traffic Analysis Zone (TAZ). Generally, In areas with a mix of residential and employment uses, VMT/SP is generally lower than In areas that have more uniform land uses. A reduction in VMT can be attributed to the introduction of housing units within areas that are currently characterized by predominantly office uses, resulting In a more balanced land uses. In other areas, VMT/SP increases due to a change from no residents (existing non-residential land uses) to a residential population greater than employment In the TAZ. As future projects are proposed, their VMT generation characteristics may Incorporate Transportation Demand Management (TDM) programs such as telecommuting and working from home Incentives, accommodations for pedestrians and bicyclists, and transit service availability. These measures would be evaluated against established thresholds. Project -specific VMT impacts and the potential for mitigation would be identified for each project If the project triggers CEQA review. Future ministerial development projects would not require a subsequent environmental review but would be still be subject to review under the City's development review process. The Newport Beach VMT Guidelines provide details on appropriate "screening thresholds" that can be used to identify when a proposed land use project is anticipated to result In a less than significant impact without conducting a more detailed analysis. Screening thresholds relate to Transit Priority Areas (TPAs), low VMT areas, and daily trip generation. The VMT screening analysis, provides the results for each TAZ within housing Focus Areas and whether further analysis would be required, consistent with the screening thresholds in the City SIR 743 VMT Implementation Guide, and included as MM TRANS-1. Future housing projects compliance with the VMT screening criteria and MM TRANS-1 would result in a less than significant Impact concerning VMT. For future housing projects that do not satisfy VMT screening criteria, a full VMT analysis would be necessary for that development, and a VMT impact may or may not occur. The Project would not conflict with or be Inconsistent with State CEQA Guidelines Section 15064.3(b) upon implementation of MM TRANS-1, which outlines VMT reduction measures forfuture projects that are not male to screen out from VMT analysis. Mitigation Measures MM TRANS-1 Vehicle Miles Traveled (VMT). Prior to issuance of a Building permit, one or more of the following measures shall be Implemented to reduce VMT-related impacts associated with future projects that are not able to be screened out of the VMT analysis process such that 41 Exhibit "O" 23-72 City of Newport Beach General Plan Housing Implementation Program Section A Findings of Fact and Statement of Overriding Considerations Less Than Significant With Mitigation the development's VMT is below the low VMT thresholds recommended by the Office of Planning and Research or adopted by the City of Newport Reach at the time of the development application. ■ Modify the project's-built environment characteristics to reduce VMT generated by a project. Implement Transportation Demand Management strategies pursuant to reduce VMT generated by a project. ■ Participate in a Fair Share Traffic Impact Fee program or VMT mitigation banking program, if available. Examples of potential measures to reduce VMT include, but are not limited to, the following. Improve or increase access to transit; Increase access to common goods and services, such as groceries, schools, and daycare; Incorporate affordable hwising into the project; Orient the project toward transit, bicycle, and pedestrian facilities; Improve pedestrian or bicycle networks, or transit service; Provide traffic calming; Provide bicycle parking; Limit or eliminate parking supply; Unbundle parking costs; Implement or provide access to a commute reduction program; Provide car -sharing, bike sharing, and ride - sharing programs; Provide transit passes. Tribal Cultural Resources "Would the Project cause a substantial adverse change In the significance of a tribal cultural resource, defined In Public Resources Code Section 21074 as either a site, feature, place, cultural landscape that Is geographically defined In terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is; aj listed or eligible for listing in the California Register of Historical Resources, or In a local register of historical resources as defined in Public Resources Code Section 5020.1(fr) or hj a resource determined by the lead agency, In its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision W of Public Resources Cade Section $024.1 ? in applying the criteria set forth in subdivision (e) of Public Resources Code Section 5024.1, the lead agency shall consider the significance of the resource to a California Native American tribe." Finding The City adopts CEQA Finding 1 (CEQA Guidelines §15091(a)(1.)). The City finds that MM TCR-1 and MM TCR-2 are feasible and are adopted. Accordingly, the City finds that, pursuant to PRC Section 21081(a)(1) and State CEQA Guidelines Section 15i}91(a)(1), changes or alterations have been required in, or incorporated into, the Project that mitigate or avoid potentially significant tribal cultural resources Impacts of the Project Identified in the Program EIR. Basis for Conclusion; Of the 247 housing sites, all are developed/occupied by structures except 21 sites. Sites 110-119,120-124,126-131, and 21.5 are vacant. Therefore, almost all of the housing sites have been subjectto ground disturbing activities. Notwithstanding, previously recorded known cultural resources have been Identified within the City and the Native American Heritage Commission's (NAHC) Sacred Lands File database search was positive indicating known tribal cultural resources are present within the City. 42 Exhibit ag., 23-73 City of Newport Beach General Plan Housing implementation Program Section 4 Findings of Fact and Statement of Overriding Considerations less Than Significant with Mitigatlon Site disturbance does not preclude the presence of undiscovered and potentially sensitive tribal cultural resources. Future housing development on the housing sites would Involve ground -disturbing activities such as grading and excavation that could directly or indirectly impact tribal cultural resources that could cause a substantial adverse change in the significance of a tribal cultural resource. Future development facilitated by the Project would be subject to City Council Policy K-5, which requires preservation of significant archeological and tribal cultural resources (SC CUL-1). Compliance with General Plan Policy FIR 2.1, Policy FIR 2.2 and Policy NR 18.1 require new development projects to identify and protect important archaeological resources within the City and these policies are considered applicable to potential Native American tribal cultural resources. General plan Policy FIR 2.1 and Policy NR 18.1 requires that new development protects and preserves archaeological resources from destruction and avoids or mitigates impacts to such resources. General Plan Policy FIR 2.2 requires anyfuture development with the potential to affect archaeological resources to have a qualified archeologist on site to monitor all ground -disturbing activities and outlines the procedure if such resources are found. General Plan Policy FIR 2.3 and Policy NR 18.3 require the notification of cultural groups to proposed development adversely impacting cultural resources and permitting monitoring during grading. Additionally, Policy FIR 2.4 and Policy NR 18.4 require any new development, where on -site preservation is infeasible, to donate archaeological resources to responsible institutions. Compliance with these City policies would ensure that future development facilitated by the Project would protect and preserve archaeological and tribal resources from destruction during new development construction facilitated by the Project. For those housing sites In the coastal zone, the City's CLUP includes applicable policies. CLUP Policy 4.5-1 requires an in situ or site -capping preservation plan or a recovery plan for Mitigating the effect of the development where avoidance is not feasible. CLUP policy 4.5.1-2 requires monitoring during grading and excavation by a qualified archeologist and describes the process for determination of significance and mitigation should archaeological resource be discovered. CLUP Policy 4.5.1-3 requires the notification of cultural organizations of proposed developments that have the potential to adversely impact cultural resources and to allow monitoring during grading and/or excavation. CLUP Policy 4.5.1_4addresses the disposition of archaeological materials when in situ preservation and avoidance are not feasible. CLUP Policy 4.5.1-5 requires an archeological/cultural resources monitoring plan that identifies monitoring methods, procedures to be followed should additional or unexpected archeological/cultural resources be encountered during development of the site. in addition to the aforementioned policies, the City would require that future development comply, as a mitigation measure (or standard condition for by -right projects), with MM TCR-1 and MM TCR-2. MM TCR-1 requires project -specific applicants to retain a qualified professional and, if necessary, appropriate Native American monitors identified by the applicable tribe (e.g., the Gabriellno Tongva Nation) and/or the NAFIC, prior to any earth -disturbing activities to determine If a project would cause a substantial adverse change In the significance of a tribal cultural resources.. MM TCR-2, which requires all earth - disturbing activity within 100 feet of a tribal cultural resources discovery/fired to be halted, the City to be notified, and impacts to any significant resources be mitigated to a less than significant level through data recovery or other methods determined adequate by the appropriate Native American monitors. The Project's potential impacts associated with causing a substantial adverse change in the significance of tribal cultural resources would be reduced to a less than significant level. 43 Exhibit "B" 23-74 City of Newport Beach General plan Housing implementation Program Section 4 Endings of fact and Statement of overriding Considerations Less Than Significant With Mitigation Standard Conditions of Approval SC CUi.-1 and SC CUl_-2 are applicable. Mitigation Measures MM TCR_1 Unanticipated Discovery of Tribal Cultural and Archaeological Resources: Upon discovery of any tribal, cultural, or archaeological resources during ground -disturbing activities for future development facilitated by the Project, the applicant shall immediately cease such activities in the immediatevicinity.The find will then be assessed bya qualified archeologist retained by the applicant and a tribal monitor/consultant approved by the consulting tribe. The applicant shall promptly notify the City planning [division to the discovery of resources. If the resources are Native American in origin, the consulting tribe shall coordinate with the landowner regarding treatment and curation of these resources. Typically, the tribe will request preservation in place or recovery for educational purposes. At the direction of the qualified archaeologist and tribal monitor/consultant, and in coordination with the Planning Division, work may continue on other parts of the affected site while evaluation and, if necessary, additional protective measures are completed at the affected portion of the site pursuant to State CEQA Guidelines Section 15064.5(f). if a resource is determined by the qualified archaeologist to constitute a "historical resource" or "unique archaeological resource," time and funding to allow for sufficient implementation of avoidance measures must be made available. The treatment plan established for the resources shall be in accordance with State CEQA Guidelines section 15064.5(f) for historical resources. Preservation in place (i.e., avoidance) is the preferred manner of treatment upon identification of unique archeological resources (PRC §21083.2(b)). If preservation in place is not feasible, treatment may include implementation of archaeological data recovery excavations to remove the resource along with subsequent laboratory processing and analysis. All tribal cultural resources shall be returned to the consulting tribe. Any historic archaeological material that is not Native American in origin shall be curated at a public, non- profit institution with a research interest in the materials. Acceptance and curation of the historic archeological materials will be at the discretion of the institution. If no institution accepts the archaeological material, they ,shall be offered to the consulting tribe or the responsible public or private institution with suitable repository for educational purposes. MIDI TCIR-2 If evidence of an archaeological site or other suspected historical resource as defined by CEQA Guidelines Section 15064.5, including darkened soil representing past human activity ("midden"), that could conceal material remains (e.g., worked stone, fired clay vessels, faunal bone, hearths, storage pits, or burials) are discovered during any project -related earth -disturbing activities (including projects that would not encounter undisturbed soils), all earth -disturbing activity within 100 feet of the find shall be halted and the City 's Planning Department shall be notified. The project -level applicant shall retain an archaeologist who meets the U.S. Secretary of the Interior's Professional Qualifications Standards for Archaeology to assess the significance of the find. impacts to any significant resources shall be mitigated to a less than significant level through data recovery or other methods determined adequate by the archaeologist and that are consistent with the U.S. 44 Exhibit "e" 23-75 City of Newport Beach General Plan Housing Implementation Program section 4 Findings of fact and Statement of averrlding considerations Loss Than significant With Mitigation Secretary of the Interior's Standards for Archaeological Documentation. Any Identified cultural resources shall be recorded an the appropriate DPR 523 form and filed with the appropriate Information Center. Wildfire "if located 1n or near State Responsibility Areas (SRAs) or lands classified as Very High Fire Hazard Severity Zones (VHFHSZ), would the Project substantially impair an adopted emergency response plan or emergency evacuation plan?' Finding The City adopts CEQA Finding 1 (State CEQA Guidelines §15091(a)(1)), The City finds that MM W-1 is feasible, is adopted, and will reduce the potential wildfire impacts of the Project to a less than significant level. Accordingly, the City finds that, pursuant to PRC Section 21081(a)(1) and State CEQA Guidelines Section 15091(a)(1), changes or alterations have been required in, or Incorporated into, the Project that mitigate or avoid potentially significant wildfire impacts of the Project identified In the Program EIR. Basis for Conclusion; Of the 247 housing sites, there are two housing sites (i.e., a small portion of housing site 131) Is located within the VHFHSZ (northwestern edge) and all of housing site 336 is within a VHFHSZ. Both sites are in the Coyote Canyon Focus Area. The remaining sites are not in or proximate to a VHFHSZ. The City has adopted and implemented programs to reduce and prevent risks associated with wildfire including Municipal Code Section 2.20.050 (Emergency Operations Plan), Municipal Code Chapter 9.04 (Fire Code), and Municipal Code Chapter 15,04 (Building Cade), Municipal Code Sections 9.04.110through 9.04.160 require compliance with emergency access design standards as part of new construction of roads to provide sufficient access for emergency equipment. The Fire Code sets standards for road dimension, design, grades, and other fire safety features. CBC standards also apply regarding new construction and development of emergency access issues associated with earthquakes, flooding, climate, strong winds, and water shortages. Future development would be required to comply with applicable building and fire safety regulations required for the design of new housing and emergency access. In the case of a wildfire evacuation, an Increase in housing development would incrementally Increase vehicular traffic on evacuation routes. Development on housing sites 131 and 336, which are located within a VHFHSZ, could potentially Impair implementation of or physically interfere with the emergency response or evacuation plans, All future residential development in VHFHSZs would be subject to compliance with the Fire Safe Development Regulations as specified In Title 14. Additionally, the City would require as a mitigation measure (or standard condition for by -right projects), MM W-1 which requires the preparation of a fire protection plan for those sites within or adjacent to a VHFHSZ. Future development on the housing sites would be required to go through the City's development review and permitting process and would be required to comply with the regulations and pleasures to maintain adequate availability of emergency services during an emergency response or an emergency evacuation. As a result, the Project would not substantially impair an adopted local or county -wide emergency response or evacuation plan. Therefore, impacts would be mitigated to a less than significant level. Mitigation Measures MM W-1 Prior to Issuance of a grading permit for sites within or adjacent to a Very High Fire Hazard Safety Zone (VHFHSZ), the project applicant shall prepare a Fire Protection Flan (FPP). Prior to preparation of an FPP, the project applicant hall coordinate with City of Newport Beach 45 Exhibit " g„ 23-76 City of Newport Beach General Plan Housing Implementation Program Section 4 Findings of fact and Statement of Overriding Considerations Less Than Significant With Mitigation Fire Department to ensure that modeling of the FPP and design of the Project is appropriate to meet the requirements and standards of the City. The FPP shall be subject to the review and Approval from the Fire Department. The FPP shall assess the Project's compliance with current regulatory codes and ensure that impacts resulting from wildland fire hazards have been adequately mitigated, The FPP shall also specifically identify the need for fire protection systems,water availability forstructural firefighting, construction requirements, fire department access, locations and spacing of fire hydrants, fire -smart landscaping, and appropriate defensible space around structures (Fuel Modification Zones). "if located In or near State Responsibility Areas (SRAs) or lands classified as Very High Fire Hazard Severity Zones (VHFHSZ), would the Project, dire to slope, prevailing winds, and anther factors, exacerbate wildfire risks, and thereby expanse project occupants to pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire?" Finding The City adopts CEQA Finding 1 (State CEQA Guidelines §15091(a)(1)).. The City finds that MM W-1 Is feasible, is adopted, and will reduce the potential wildfire impacts of the Project to less -than -significant levels. Accordingly, the City finds that, pursuant to PRC Section 21081(a)(1) and State CEQA Guidelines Section 1SOJ1(a)( ), changes or alterations have been required in, or Incorporated into, the Project that mitigate or avoid potentially significant Wildfire impacts of the Project Identified in the Program EIR. Basis for Conclusion: Housing sites 131 and 336 are located partially or totally within a VHFHSZ In the Coyote Canyon Focus Area. Development of future residential units an these sites are subject to higher wildfire hazards due to slope and prevailing winds based on their location which would consequently result in higher fire -related risks to people and structures. Sites within existing developed area would not exacerbate wildfire risk. Adherence to mandatory fire prevention requirements and regulations, including the California Fire Cade Chapter 49 (Requirements for WUl Fire Areas) would require applicants to prepare a. fire protection plan for any sites located in the VHFHSZ or WUI areas. California Fire Code Chapter 49 requirements are provided as MM W-1. Therefore,following compliance with the established regulatory framework and with MM W 1 incorporated, a less than significant. Impact would occur concerning exposure of project occupants to pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire. Mitigation Measures MM W-1 is applicable. 46 Exhibit "B" 23-77 City of Newport Beach General Plan Housing implementation Program Section 6 Findings of fact and Statement of Overriding Considerations Alternatives Section 5. Environmental Impacts Found to be Significant and Unavoidable Where, as a result of the environmental analysis of the Project, the City has determined that either (1) even with compliance with existing laws, codes and statutes, and/or the identification of feasible mitigation measures, potentially significant impacts cannot be reduced to a less than significant level, or (2) no feasible mitigation measures or alternatives are available to mitigate the potentially significant impact, the City has found In accordance with C15QA Section 21061(a)(3) and State CEQA Guidelines Section 15091(a)(3) that "Specific economic, legal, social, technological, or other considerations, Including considerations forthe provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or alternatives identified in the environmental impact report," referred to herein as "Finding 3". This section identifies the significant unavoidable impacts that require a statement of overriding considerations to be Issued by the City, pursuant to State CEQA Guidelines Section 15093 If the Project is approved. Aesthetics "`Would the Project create a new source of substantial light or glare, which would adversely affect day or nighttime views In the area?' Finding The City adopts CEQA Finding 3 (State CC -CIA Guidelines §15091(a)(3)) because even with compliance with applicable policies, ordinances, and regulations, the Project will still have a significant and unavoidable impact with respect to development within the Banning Ranch Focus Area. There are no feasible mitigation measures to reduce this impact to a less than significant level, and there are no feasible alternatives to avoid the identified unavoidable significant impact. Pursuant to PRC Section 21081(a)(3), as described in the Statement of Overriding Consideration, the City has determined that there are specific economic, social, and other public benefits that outweigh the significant unavoidable impacts associated with the potential development of Banning Ranch. However, potential Impacts associated with aesthetics and visual resources for the remainder of the housing sites would be less than significant. Basis for. Conclusion: Impacts could occur if future housing development would introduce new sources of light and .glare on a housing site or proximate to a housing site. A majority of the housing sites are developed and/or located adjacent to developed parcels with existing sources of lighting and/or glare. Housing sites 23 through 26 within the Airport Area Focus Area, housing site 215 within the West Newport Mesa Focus Area, housing site 131 within the Coyote Canyon Focus Area, and the housing sites within the Banning Ranch Focus Area (Sites 110-118, 120-124, and 126-131) do not contain existing sources of lighting or glare. All future housing development projects, including development on the aforementioned sites, would be subject to the City's development review process and would be required to demonstrate consistency with Newport Beach General Plan policies and Municipal Code requirements, including those related to lighting and glare. General Plan land Use Policy 5.6.3 on ambient lighting requires "that outdoor lighting be located and designed to prevent spillover onto adjoining properties or significantly increase the overall ambient Illumination of their location" and Municipal Code Section 20.30.070 which requires that "all outdoor lighting fixtures shall be designed, shielded, aimed, located, and maintained to shield adjacent properties and to not produce glare onto adjacent properties or roadways." These measures would reduce potential lighting impacts from future housing development to a less than significant level, with the exception of Banning Ranch. 47 Exhibit"B" 23-78 City of Newport Beach General Plan Housing Implementation Program Section 6 Findings of Fact and statement of Overriding Considerations Alternatives Residential and non-residential development, including roadways and a park, would introduce new sources of nighttime lighting, which would affect the existing adjacent uses. In addition, the new sources of nighttime lighting could also affect the sensitive habitat areas associated with Banning Ranch, The General plan EIR found that the introduction of new sources of lighting associated with development of Banning Ranch would be considered significant and unavoidable. Therefore, consistent with the Newport Beach General plan EIR, if housing development occurs within the Banning Ranch Focus Area, impacts would be significant and unavoidable. With respect to the Banning Ranch focus Area, this Focus Area includes 19 housing sites on 30 acres with 1,475 dwelling units. Banning Ranch Is considered as additional dwelling unit opportunity in addition to those that accommodate the RHNA. Air Quality "Would the Project conflict with orobstruct Implementation of the applicable air quality plun?yx Finding The City adopts CEQA finding 3 (State CEQA Guidellnes §15091(a)(3)) because even with compliance with applicable policies, ordinances, and regulations, the Project will still have a significant and unavoidable impact concerning air quality plan consistency. There are no feasible mitigation measures to reduce this Impact to a less than significant level and there are no feasible alternatives to avoid the identified unavoidable significant impact. Pursuant to PRC Section 21081(a}(3), as described In the Statement of Overriding Consideration, the City has determined that there are specific economic, social, and other public benefits that outweigh the significant unavoidable impacts: associated with the Project. Basis for Conclusion: The Project is subject to the 2022 AlrQuallty Management Plan Air (AQMP), Criteria for determining consistency with the AQMP are defined In the South Coast Air Quality Management District (SCAQMD GEClA Handbook, Chapter 12, Section 22.2, and Section 12.3, The determination of 2022 AQMP consistency is primarily concerned with the long-term influence of a project on air quality in the air basin. The Project would result in a long -terra impact on the region's ability to meet State and federal air quality standards. Further, the Project would conflict with the 2022 AQMP goals and policies. Implementation of mitigation measures and compliance with SCAQMD rules would reduce conflicts and obstruction of the AQMP; however, the combined emissions from future development would exceed the SCAQMD significance thresholds for criteria pollutants. Exceeding these thresholds has the potential to hinder the region's compliance with each AQMP. Therefore, because the Project would conflict with the growth assumptions in the AQMP and would exceed the SCAQMD daily emissions thresholds during long-term operations, and because there are no feasible mitigation measures to reduce this impact to a less than significant level, the Project would result in a significant and unavoidable impact concerning air quality plan consistency. "Would the project result in a cumulatively considerable net increase of any criteria pollutantfor which the project reglon is nonattainment under an applicable federal or State ambient air quality standard?" Finding The City adepts CEQA finding 3 (State CEQA Guidelines §15091(a)(3)) because even with compliance with applicable policies, ordinances, and regulations, the Project will still have a significant and unavoidable impact concerning long-term operational air quality emissions. There are no feasible mitigation measures to reduce this impact to a less than significant level and there are no feasible alternatives to avoid the 48 Exhibit"B" 23-79 City of Newport Beach General Plan Housing Implementation Program Section 6 Findings of Fart and Statement of Overriding Consisferations Alternatives identified unavoidable significant impact. Pursuant to PRC Section 21091(a)(3), as described in the Statement of Overriding Consideration, the City has determined that there are specific economic, social, and other public benefits that outweigh the significant unavoidable impacts associated with the Project. Basis for Conclusion: In analyzing cumulative Impacts for future housing development facilitated by the Project, an analysis must specifically evaluate a development's contribution to the cumulative increase in pollutants for which the CARE is designated as nonattainment for the CAAQS and NAAQS. The SCAB Is designated as a federal nonattainment area for03, PM10, and PM2.5. The SCAQMD air basin is designated as a State nonattainmen.t area for 03, PM2.5, and lead (partial). The nonattainment status is the result of cumulative emissions from all sources of these air pollutants and their precursors within the air basin. It is Important to note that the SCAQMD significance thresholds do not distinguish between project -level EIRs acid program -level EiRs and therefore the application of the SCAQMD thresholds to the Project within a programmatic EIR is highly conservative. Future development facilitated by the Project would occur as market conditions and economic factors allow and would be required to comply with the established thresholds of significance. Additionally, future development would be required to analyze potential conflicts in development with SCAQMD's LSTs. These standards represent the maximum emissions that can be generated through the development and operation of a project without expecting to cause or substantially contribute to an exceedance of the most stringent State or federal ambient air quality standards. Nonetheless, future development on housing sites facilitated by the Project may result in a cumulatively considerable net increase of a criteria pollutant for which the CARE is In nonattainment under an applicable federal or State ambient air quality standard. The City employs goals and policies related to air quality that would heip reduce the long-term operational emissions associated with the i'roject. In addition, mobile emissions would gradually decline in the future with the expansion of electric vehicle infrastructure (see Municipal Code §15.19.060). However, date to the unknown nature of development activities under the Project, long-term operational emissions from implementation of the Project could exceed the SCAQMD's regional significance thresholds. At a programmatic level of analysis, there are no feasible mitigation measures to reduce long-term emissions to levels below the SCAQIVl D's thresholds of significance. Therefore, a significant and unavoidable impact would occur concerning long-term operational air quality emissions. "Would the Project expose sensitive receptors to substantfal.pollutont concentrations?" Finding The City adopts CEQA Finding 3 (State CEQA Guidelines §15091(a)(3)) because even with compliance with applicable policies, ordinances, and regulations, the Project will still have a significant and unavoidable impact concerning localized air quality impacts. At a programmatic level of analysis, there are no feasible mitigation measures to reduce this impact to a less than significant level and there are no feasible alternatives to avoid the identified unavoidable significant impact. Pursuant to PRC Section 21081(a)(3), as described in the Statement of Overriding Consideration, the City has determined that there are specific economic, social, and other public benefits that outweigh the significant unavoidable impacts associated with the Project. Basis for Conclusion: Localized Pollutant Concentrations. Because the specific details (e.g., size, construction phasing, equipment, earthwork volumes, etc,) for individual future residential projects are unknown at this time, project -level analysis for localized pollutant concentrations impacts cannot be accurately determined using SCAQMD's localized significance thresholds (LST) analysis methodology. 49 Exhibit " B" 23-80 City of Newport Beach General Plan Housing implementation Program Section 6 Findings of Fact and Statement of Overriding Considerations Alternatives Depending on the size and location of each individual project, construction and operational emissions could exceed LSTs. Compliance with General Plan policies, Municipal Cade requirements, SCAQMD rules and regulations, and supplemental mitigation measures (if required) would reduce air pollutant emissions. However, the potential emissions reductions from implementation of these measures cannot be quantified because specific details such as individual project size, construction scheduling, and earthwork quantities that would occur within the City is not available. Therefore, it is not feasible to conclude that air pollutant emissions from future development projects would be reduced to levels below the SCAQMD LST thresholds. Therefore, localized air quality impacts would be significant and unavoidable. Cultural Resources 'Would the Project cause a substantial adverse change in the significance of a historical resource pursuant to Section 19064.57" Finding The City adapts CEQA finding 1 (State CEQA guidelines §15091(a)(1)). The City finds that MM CUL-1 is feasible and adopted. Although MM CUL-1 is feasible and will be adopted by the City, the City adopts CEQA Finding 3 (State CEQA Guidelines §15091(a)(3)) because even with compliance with applicable policies, ordinances, and regulations, the Project will still have a significant and unavoidable impact concerning the potential loss of historically significant structures and resources. There are no feasible mitigation measures to reduce this impact to a less than significant level and there are no feasible alternatives to avoid the identified unavoidable significant impact. Pursuant to PRC Section 21081(a)(3), as described in the Statement of Overriding Consideration, the City has determined that there are specific economic, social, and other public benefits that outweigh the significant unavoidable Impacts associated with the Project. Basis for Conclusion: All of the housing sites, except Sites 110-118,120-124, and 126-131, are developed and therefore have the potential to contain a structure that would meet, now or in the future, the criteria as a historical resource, as determined by the National Register of Historic Places (NRHP) or the California Register of Historic Resources (CRHR) during future construction of housing, units. Therefore, future housing development facilitated by the Project could cause a substantial adverse change in the significance of a historical resource on the housing sites. Future projects facilitated would be subjectto the City's development review process and required under to comply with applicable regulations Including applicable General Plan policies. General Plan Historical Resources Element Policies HR 1.2,HR 1.4, HR 1. a, HR 1.6, and HR 1.7 are in place to protect historically significant landmarks, sites, and structures within the City. General Plan Land Use Element Policy LU 6.8.6 addresses development on the Balboa Peninsula, Specifically, Policies HR 1.5 through 1.7 outline requirements that future development would be required to comply with to protect historically significant resources. Policy lift 1.5 requires that proposed development located on a historical site or structure Incorporate a physical link to the past within the site or structural design if preservation or adaptive reuse Is not a feasible option. Policy HR 1.6 requires that prior to the Issuance of a demolition or grading permit, developers of a property that contains a historic structure, as defined by State CEQA Guidelines, retain a qualified consultant to record the structure In accordance with U.S. Secretary of Interior guidelines and submit the Information to the City's Historical Society, Orange County Public library, and City Planning Department, Policy HR 1.7 further requires that prior to the demolition of a historic structure, developers offer the structure for relocation by interested parties. Policy l.0 6.8.6 addresses the historic character of so Exhibit .'g,„ 23-81 City of Newport Beach General Plan Housing Implementation Program Section 6 Findings of Fact and Statement of Overriding considerations Alternatives the Balboa Peninsula and requires development on the Balboa Peninsula to be compatible with the scale, mass, and materials of existing structures, while allowing opportunities for architectural diversity. The City can require any future housing development on sites with potential historic resources to conduct site -specific evaluation prior to any alteration, demolition, relocation, or new development to determine the presence of historically significant resources. This site -specific analysis would be used to determine, prior to the approval of future development permits, if the proposed development has the potential to impact a significant historical resource, or whether the existing development or property is eligible for listing on the NHRP, CRHR, or local listing. Any future development would be required to comply with applicable federal, State, and local laws that concern the preservation of historical resources, including the National Historic Preservation Act and CEQA. Since various structures on housing sites could age beyond 50 years during Project implementation, any future development facilitated on a site with buildings or structures aged So years or more having its original structural integrity Intact would be required to comply with MM CUL-1, which requires the applicant to retain a qualified professional historian to determine whether the affected buildings or structures are historically significant. As set forth in the General Plan EIR, the City's General Plan policies do not preclude the alteration or demolition of known historically significant resources or resources that have not yet been evaluated for potential historical significance. Because the demolition of a historic significant resource would be a physical effect on the environment and neltherthe City's General Plan or CEQA statutes precludes this demolition or alteration, the potential loss of historically significant structures and resources would be a significant unavoidable impact. This finding is consistent with the General Plan EIR. Mitigation Measures MM CUL--1 Applications for future development facilitated by the Project, where the City has determined a potential for impacts to historic resources, shall be required to comply with the following mitigation framework: For any building/structures In excess of 50years of age having its original structural integrity intact, the applicant shall retain a qualified professional historian to determine whether the affected bullding/structure €s historicallysignificant, The evaluation of historic architectural resources shall be based on criteria such as age, location, context, association with an Important person or event, uniqueness, or structural integrity, as Indicated in State CEQA Guidelines Section 15064.5. A historical resource report shall be submitted bythe applicant to the City and shall include the methods used to determine the presence or absence of historical resources, identify potential Impacts from the proposed project, and evaluate the significance of any historical resources identified. Greenhouse Gas Emissions "Would the Project generate greenhouse gars emissions, eltherdlrectly or Indirectly, that could have a signljicant impact on the environment?" Finding The City adopts CEQA Finding 1 (State CEQA Guidelines §15091(a)(1)). The City finds that MM GHG-1 is feasible and adopted. Although MMi GHG-1 is feasible and will be adopted by the City, the City adopts CEQA Finding 3 (State CEQA Guidelines §15091(a)(3)) because even with compliance with applicable 51 Exhiblt"B" 23-82 City of Newport Beach General Plan Housing implementation Program Section 6 Findings of Pact and Statement of overrtding Considerations Alternatives policies, ordinances, and regulations, the Project will still have a significant and unavoidable impact concerning GHG emissions. Where are nofeasible mitigation measures to reduce this impact to a less than significant level and there are no feasible alternatives to avoid the identified unavoidable significant impact. Pursuant to PRC Section 21081(a)(3), as described in the Statement of Overriding Consideration, the City has determined that there are specific economic, social, and ether public benefits that outweigh the significant unavoidable impacts associated with the Project. Basis for Conclusion: Construction -related GHG emissions are typically site specific and depend upon multiple variables. Quantifying individual future development's GHG emissions from short-term, temporary construction -related activities is not possible due to project -level variability and uncertainties concerning detailed site plans, construction schedules/duration, equipment requirements, etc., among other factors, which are presently unknown. Since these parameters can vary so widely (and individual project -related construction activities would occur over time dependent upon numerous factors), quantifying precise construction -related GHG emissions and impacts would be speculative and impractical. Depending on how development proceeds, construction -related GHG emissions associated with future development could exceed SCAQMD thresholds of significance. Future housing development facilitated by Project would generate long-term operational emissions. The total daily operational emissions that could potentially be generated over the life of Project were estimated usingthe CalEEMod Version 2022.1.0. The annual emissions ranges from buildout of the Project would total approximately 499 MTCgze to 5,991 MTCO2e. Therefore, the Project would generate increases in GHG emissions from both the construction and operation of new housing. Future residential development would be subject to the City's development review process and would be required to demonstrate consistency with General Plan policies, Municipal Code requirements, and other applicable local and State requirements. A case -by -case review of future development provides flexibility to incorporate the latest analysis methods, technological advancements, mitigation options, and GHG significance thresholds (Including using thresholds that meet the latest GHG reduction goals). Projects would need to demonstrate compliance with the City's GHG thresholds. MM GHG-1 requires future development to conduct a project - level GHG emissions impact assessment and mitigate potentially significant emissions to the extent feasible.. A future development project with GHG emissions below SCAQMD thresholds is considered to have a less than significant impact. Future development projects that are allowed "by right" would be required to submit substantiation to the City demonstrating GHG emissions would be less than significant or otherwise have to prepare CEQA documentation. At the program level, the Project's GHG emissions would exceedSCAQMD thresholds. In addition, due to the forecast population growth and GHG emissions associated with future development, and the lack of specificity of future development, program -level GHG emissions Impacts would remain significant and unavoidable after implementation of mitigation. Mitigation Measures MM GHG-1 Priorto demolltion,grading, or building permit approval, and in accordance with SCACiMD's guidance, a project -specific Greenhouse Gas Emissions Assessment shall be prepared for residential developments that would exceed SCAQMD's 3,000 MTCO2e proposed threshold of significance (or those in place at the time of the development application). Future development shall mitigate GHG emissions to below SCAQMD's thresholds of significance to the extent feasible. 52 Exhibit "i3" 23-83 City of Newport Beach General Plan Housing Implementation Program Section G Findings of Fact and Statement of Overriding Considerations Alternatives "Would the Project conflict with an applicable playa, policy, or regulation adopted for the purposes of reducing the emissions of GHG?" Finding The City adopts CEQA Finding 3 (State CEQA Guidelines §15091(a)(3)) because even with compliance with applicable policies, ordinances, and regulations, the Project will still have a significant and unavoidable impact concerning GFIG emissions at the program level. There are no feasible mitigation measures to reduce this impact to .a less than significant level and there are no feasible alternatives to avoid the identified unavoidable significant impact. Pursuant to PRC Section 21081(a)(3), as described in the Statement of Overriding Consideration, the City has determined that there are specific economic, social, and other public benefits that outweigh the significant unavoidable impacts associated with the Project. Basis for Conclusion; The significance of the GHG emissions associated with the Project have been evaluated based on whether it would be consistent with the relevant statewide and regional mandates, plans, policies and regulations to reduce GHG emissions. These include AB 32 and SB 32 (Health and Safety Code Division 25.5), AB 1279, 5B 375, Connect SoCal, and other statewide and regional regulations and programs. Because the City's existing regulatory framework incorporates sustainability goals and policies that would promote a reduction in GHG emissions, the Project would not conflict with the GHG reduction goals of Health and Safety Code Division 25.5 and associated GHG reduction plans such as Connect SoCal. Connect SoCal also strives towards enhancing the existing transportation system and integrating land use Into transportation planning. Connect SoCal recommends local jurisdictions accommodate future growth within existing urbanized areas to reduce VMT, congestion, and GHG emissions. The Project would plan for the development of a minimum of 4,845 dwelling units (of which 49% are for lower income levels), thus creating opportunities for many of the employees within the City to live closer to their jobs, reducing VMT and associated GHG emissions on a regional basis. Providing new housing would create a more diverse, denser, and mixed -use City with opportunities to walk, bike, and take transit, consistent with Connect 5oCal's alignment of transportation, land use, and housing strategies. As such, the Project would be consistent with regional plans to reduce VMT and associated GHG omissions. The Project would also be consistent with the State's strategies in the 2022 Scoping flan Update to reduce GHG emissions. The 2022 Seoping Plan Update relies on a broad array of GFIG reduction strategies. These potential strategies include increasing the fuel economy of vehicles, reducing the rate of growth in VMT, supporting high speed rail and other alternative transportation options, and use of high efficiency appliances, water heaters, and HVAC systems. The Project would benefit from statewide, regional, and City efforts towards Increasing the portion of electricity provided from renewable resources as well as statewide efforts towards increasing the fuel economy standards of vehicles. Additionally, future residential projects would continue to be subject to the City's requirements for sustainable design, energy efficiency, water efficiency, and VMT reduction -- all of which are consistent with State and regional mandates that address GHG emissions. The primary focus of many of the statewide and regional mandates, plans, policies and regulations is to address worldwide climate change. Global GHG emissions, in their aggregate, contribute to climate change, not any single source of GHG emissions alone. Based on the above, the Project would be consistent with the California Renewables Portfolio Standard Program, 581001 Title 24 of the CCR (Energy Code and CAL.Green), S13 375, RTP/SCS and recommendations of the State Attorney General, California Office of Planning and Research, and Climate Action Team. However, due to the magnitude of the Project's GHG emissions, impacts would be significant and unavoidable at the program level. 53 EXhil}it "B" 23-84 City of Newport Reach General Plan Housing Implementation Program section 6 Findings of Fact and Statement of Overriding Considerations Alternatives Noise "!Mould the Project result in the generation of a substantial temporary or permanent Increase in ambient noise levels In the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies?" Finding The City adopts CEQA Finding 3 (State CEQA Guidelines §15091(a)(3)j because even with compliance with applicable policies, ordinances, and regulations, the Project will still have a significant and unavoidable impact concerning traffic noise Impacts along Campus Drive between MacArthur Boulevard and Von Karman Avenue. Where are no feasible mitigation measures to reduce this Impact to a less than significant level and there are no feasible alternatives to avoid the identified unavoidable significant Impact. Pursuant to PRC Section 21081(a)(3), as described In the Statement of Clverrlding Consideration, the City has determined that there are specific economic, social, and other public benefits that outweigh the significant unavoidable noise impacts associated with the Project. Basis for Conclusion. Operations -Traffic Noise Impacts. lender "Future Plus Project" conditions, noise levels at a distance of 100 feet from the roadway centerline would range from approximately 56.0 dBA to 74.9 dBA, with the highest noise levels occurring along MacArthur Boulevard south of Ford Road, One roadway segment - Campus Drive from MacArthur Boulevard to Van !Carman Avenue -- would exceed the City's noise increase standards with Project implementation. The change in traffic noise along this roadway segment would be 1.2 dBA and would exceed the City's 1 dBA threshold for existing noise levels between 65 and 70 dBA CNEL, The General Plan contains goals and policies to reduce traffic noise impacts at sensitive receptors, including Noise Element Goal N 2 and Policies N 1.2, N 2.1, N 2.2, and N 2.6. However, these goals and policies would only apply to the development of new sensitive residences or other sensitive receptors, as existing receptors cannot always be redesigned to include noise abatement, and it is not possible to construct noise barriers between roadways and existing development. There are four housing sites along the impacted roadway segment of Campus Drive. Existing residences are also located along the north side of Campus Drive; therefore, the Project would result in traffic noise Impacts at this location. It should be noted that the traffic noise analysis conservatively uses full buildout traffic data assuming all of the housing sites would be developed. Future development would be subject to General Plan Policy N 2.1, which requires noise sensitive uses in areas of 60 dBA and greater meet interior and exterior noise levels. Policy N 2.2 requires new residential developments to include walls, berms, interior noise insulation, double -paned windows, advanced insulation systems, or other noise measures, as appropriate to meet the 45 dBA CNEL interior standard. New noise -sensitive land uses adjacent to major arterials 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. Therefore, operational traffic noise would be less than significant following individual design review and compliance with the City's noise standards, as well as General Plan policies. However, Project implementation would result in a significant increase along Campus Drive from MacArthur Boulevard to Von Karman Avenue in traffic noise levels under the current City of Newport Beach standards of significance fear noise increases. Therefore, where residential development would occur along this roadway segment, traffic noise impacts would be significant and unavoidable. 54 Cxhibit "R" 23-85 City of Newport Beach General Plan dousing Implementation Program Findings, of fact and Statement of Overriding Considerations Utilities and Service Systems Section 6 Alternatives "'Would the Project have sufficient water supplies available to serve the project and reasanablyforeseeable future development during normal, dryand multiple dry years7„ Finding The City adopts CFQA Finding 3 (State CEQA Guidelines §15091(a)(3)j because even with compliance with federal, State, and local requirements, the water demands from future development facilitated by the Project would result in a significant and unavoidable impact concerning water supply. There are no feasible mitigation measures to reduce this impact to a less than significant level and there are no feasible alternatives to avoid the identified unavoidable significant impact. Pursuant to PRC Section 21081(a)(3), as described in the Statement of Overriding Consideration, the City has determined that there are specific economic, social, and other public benefits that outweigh the significant unavoidable Impacts associated with the Project. Basis for Conclusion, Of the 247 housing sites, 227 housing sites are currently developed and are provided with water service by the City, IRWD, or Mesa Water. Of the 20 undeveloped housing sites,19 sites are in the Banning Ranch Focus Area and one site is In the Coyote Canyon Focus Area. Future housing development would be subject to the City's development review process and required to adhere to all federal, State, and local requirements during construction and operation for ensuring that sufficient water supplies are available. Future development that contains 500 or more residential units would be required to prepare a Water Supply Assessment, per SIB 610. Future housing development would also be subject to Title 24 CBC requirements such as smart water fixtures which would reduce water demand. Future housing projects would also be subject to Municipal Code Chapter 14.16 (Water Conservation and Water Supply Shortage Program), which establishes permanent water conservation requirements to reduce water consumption and implements the City's Water Shortage Contingency Plan, and Municipal Chapter 14.17 (Water -efficient Landscaping), which requires water efficient landscaping consistent with 56 1383 and FO 13-294S. These housing projects would also be required to present will -serve letters or submit a Utility Service Application to the City substantiating that adequate water supplies would be available. It is also Important to note that future housing development would occur incrementally, based on market conditions and other factors, such that it is not expected that water supplies are not overburdened by substantially Increased demands at any single point In time. The 2020 UWMP's for the City, IRWD, and Mesa Water identify sufficient water supplies during normal, single -dry, and multiple -dry year scenarios from 2025 through 2045 for both imported and groundwater supplies. However, the UWMPs. for the respective water districts do not account for the 61' Cycle RHNA forthe municipalities they serve. Although the 611Cycle RHNA was not accounted for in the UWMPs, water efficiency measures and continued conservation, new building standards, and a conversion of potentially high demand uses to lower demand uses has allowed water districts to adequately serve their respective users in their service areas. However, because the UWMPs did not account for the 61h Cycle RHNA, documentation is not available to substantiate that there will be sufficient water supplies available to serve future development facilitated by the Project and reasonably foreseeable future development during normal, dry and multiple dry years. Despite compliance with federal, State, and local requirements, the water demands from future development facilitated by the Project would result in a significant and unavoidable impact concerning water supply leased on consistency with the UWMPs. 55 Exhibit "i3" 23-86 City of Newport mach General Plan Housing implementation Program section 6 Findings of Fact and Statement of Overriding Considerations Alternatives Section 6: Alternatives to the Proposed Project Under CEIQA, the identification and analysis of alternatives to a project is a fundamental part of the environmental review process. Public Resources Code (PRC) Section 21002.1(a) establishes the need to address alternatives in an EIR by stating. that in addition to determining a project's significant environmental Impacts and Indicating potential means of mitigating or avoiding these impacts, "the purpose of an environmental Impact report Is . to identify alternatives to the project." Unlike a typical development project or even an update to a General Plan initiated by a local agency, the Project is being undertaken to Implement the City's 2021-2029 Housing Element, a state -mandated 6th Cycle RNhIA that identified a specific number of new residential units that the City is required to plan for and accommodate. Each alternative was evaluated for its feasibility, its ability to attain the .Project's objectives, and its ability to reduce and/or eliminate significant impacts associated with the Project. 6.1 Project Objectives The adopted and statutorily compliant (certified) 20212029 Housing Element provides the City with a coordinated and comprehensive strategy for promoting the production of safe, decent, and affordable housing for all within the City. The 2021 2029 Housing Clement was prepared to ensure the City establishes policies, procedures, and incentives in Its land use planning and development activities that result in Maintenance and expansion of the housing supply to adequately accommodate households currently living and expected to live in the City. The objective of the Project is to ensure compliance with State housing law and Implementation of the 2021--2029 Housing Element, including an update to the City's Land Use Element and rezoning of housing opportunity sites, 6.2 Elimination/Reduction of Significant impacts CEQA Guidelines Section 15126.6(b) (14 CCR) states that "Because an EIR must identify ways to mitigate or avoid the significant effects that a project may have on the environment (PRC §21002.1.), the discussion of alternatives shall focus on alternatives to the project or its location which are capable of avoiding or substantially lessening any significant effects of the project, even if these alternatives would impede to some degree the attainment of the project objectives, or would be more costly." With implementation of the Mitigation Program identified for each topical Issue, many of the potentially significant Impacts resulting from future development on the housing sites would be reduced to a level considered less than significant. The following topical Issues are expected to result in significant and avoidable impacts even after mitigation, ■ Aesthetics, light and glare (Banning Ranch) • Air Quality Cultural Resources: historic resources Greenhouse Gas Emissions • Noise ■ Utilities and Service Systems: water supply 55 Exhibit 16" 23-87 City of Newport Beach General Plan Housing implementation Program Section 6 findings of Fact and Statement of overriding Considerations Alternatives 6.3 Alternatives Considered But Not Carried Forward Compliance with the 6th Cycle RHNA mandate significantly narrows options avallable for alternatives that both meet the basic Project objectives that are driven by the RHNA issued by the Southern California Association of Governments (SCAG) as well as those capable of avoiding or substantially reducing the potentially significant impacts identified for the proposed Project. The fallowing alternative has not been carried forward in the Program EIR because It would not meet the basic objectives of the proposed Project; was not considered feasible; and/or would not result in any substantial avoidance or minimization of impacts that are not already accommodated In the other alternatives evaluated. Alternative Housing Sites Under the Alternative }lousing Sites scenario, the City would consider a different or broader range of sites to accommodate housing to he planned for to meet the RHNA while still meeting the basic objectives of the Project to ensure compliance with State housing law and implementation of the 2021-2029 Housing Element and avoiding or substantially reducing potentially significant environmental impacts. As required by State blousing Law, the City adopted and HCD certified the 2021-2029 Housing Element, which Identifies specific parcels/sites that may be. available and suitable (e.g., avoids major constraints) for residential development in order to demonstrate that the City has adequate capacity to accommodate residential development as necessary to achieve the City's 611' Cycle RHNA. Alternate housing sites were considered but rejected during the preparation of the 2021-2029 Housing Element because they were determined to be Infeasible during the City's Candidate Sites Analysis process due to regulations, site constraints, property owner interest in developing housing, community input, and existing uses. Development on a different or amended set of sites throughout the City would be unlikely to avoid or substantially lessen potentially significant Impacts identified for the proposed Project as the proposed levels of residential development and population growth would remain similar and therefore result in similar environmental Impacts as identified in the Program EIR for the proposed Project. Therefore, based on the City's previous detailed screening of sites throughout the City and limited or no reduction In environmental impacts, this alternative was eliminated from further consideration in the Program EIR. 6.4 Project Alternatives Considered Alternative A: No Project Alternative Description: There are 247 housing sites, of which only 21 sites are vacant, The No Project Alternative assumes that future development of the sites could occur consistent with the existing underlying zoning of the sites. No zoning overlays would be adopted and no General Plan Land Use Element policy amendments would occur to facilitate housing development and Implement the 2021-2029 Housing Element. While the proposed Project does not consider any loss of existing on the ground development which may be displaced to accommodate 9,914 housing units, this alternative acknowledges that fewer sites would be redeveloped. It is speculative to know how many of the currently developed sites would be redeveloped. Future reuse would likely occur on these sites over time depending upon numerous factors such as market conditions, and economic and planning considerations, and at the individual property owners' discretion. The proposed Proje.ct's housing sites inventory is intended to accommodate future housing development on identified properties, consistent with the 2021.-2029 Housing Element. The No Project Alternative is the circumstance under which the actions required to Implement the Housing Element would not occur. 57 Exhibit " B" City of Newport Beach General Plan Housing implementation Program Section 6 Findings of Fact and Statement of Overriding Considerations Alternatives Environmental Effects: Alternative A's environmental impacts are compared to the proposed Project in Section 6.4.1 of the Program E1R, Under Alternative A, no development would occur on 14 of the 21 vacant lousing sites. The two housing sites in the Coyote Canyon Focus Area (housing sites 131 and 336) are zoned Parks and Recreation (PR). Therefore, the Coyote Canyon Focus Area assumes development of the property with active public or private recreational use. Banning Ranch is designated In the General Plan Land Use Element as OS(RV). The proposed Project does not include a zoning overlay for the Banning Ranch Focus Area. Consistent with the 2021-2029 Housing Element, Alternative A assumes the potential to accommodate 1,475 housing units (at an assumed unityield of 50 du/ae) on 44 acres of Bantling Ranch, The Banning Ranch Focus Area is included in the 2021--2029 Housing Element's sites Inventory but is not assumed In order to accommodate the City's 6`' Cycle RHNA growth allocation. Banning Ranch is considered as an additional dwelling unit opportunity beyond that needed to accommodate the RHNA. While less housing development is assumed, Alternative A would not eliminate significant unavoidable impacts associated with the proposed Project, Impacts would be the some or less because no development would occur on seven sites. Ability to Achieve Project Objectives: The City would be in noncompliance, which could lead to decertification of the 2021-2029 Dousing Element by HCD. Additionally, the City would not provide adequate opportunities to implement the 2021-2029 Housing Element because the City would not approve and/or amend (1) General Plan goals and policies; (2) Housing Opportunity Overlay zoning districts for the focus areas, Including housing sites in the Coastal Zone; and (3) local Coastal Program Implementation Plan policies. Following certification by HCD, the City Is required to ensure the continued and effective implementation of the housing Elementprograms including, but notlimited to, the provision of sufficient adequateiy zoned land to accommodate Its share of the regional growth and its required share of lower income dwelling units consistent with the General Plan and RHNA obligations. HCD notes that various consequences may apply if a city or county does not have a Housing Element in compliance with State Housing Element Law. First, noncompliance would result In Ineligibility or delay In receiving State funds that require a compliant Housing Element as a prerequisite. Second, jurisdictions that do not meet their Dousing Element requirements may face additional financial and legal ramifications. Other potential.rarnifications could include the loss of local land use authority to a court - appointed agent. Future housing development facilitated by the 2021-2029 Housing Element would only occur where the proposed multi -unit use is currently consistent with applicable land use regulations, otherwise, future projects may require both amendments to General Plan land use designations and rezones. In addition to the legal remedies available In the courts, under the Housing Accountability Act (Government Code §65589.5(d)), jurisdictions without a substantially compliant Housing Element cannot rely on inconsistency with zoning and general plan standards as a basis -for denial of a housing project for Very -Low-, low-, or Moderate -income households.. Alternative A Findings: The City Council rejects this alternative on the following grounds which provides sufficient justification for rejection of this alternative. The Project objective is to ensure compliance with State housing law and implementation of the 2021-2029 Housing Element, Including an update to the City's Land Use Element and rezoning of housing opportunity sites. Alternative A would not facilitate the development of housing to ensure compliance with State housing law and implementation of the 2021- 2029 Housing Element. Alternative A would not attain any of the Project objectives, including those that 58 Exhibit "B" 23-89 City of Newport Beach General Plan Housing tmplementation Program Section 6 Findings of Fact and Statement of Overriding Considerations Alternatives are required to comply with State law, except the Alternative A would preserve the community's existing housing stock and no existing housing would be impacted. Under the No Project Alternative, the City would not meet its 61� Cycle RHNA allocation and would result In risk of penalties and loss of eligibility for funding opportunities due to the City's noncompliance with various State housing -related laws. Therefore, this alternative would directly conflict with California Government Code Section 65583, which stipulates that a jurisdiction roust implement the Housing Element and facilitate development of housing to provide for the existing and projected needs of all economic segments of the community. Alternative B: RHNA with Reduced Buffer Description, Alternative B assumes a reduced buffer, representing a range of units between the City's RHNA allocation (4,845 units) and the proposed Project (9,914 units), to address future "no net loss". Because future housing projects on the identified housing sites would occur Incrementally over time, largely based on economic conditions, market demand, and other planning considerations, it Is speculative to know how many of the housing sites will be developed, the number of housing units on a housing site, or the affordability characteristics of the projects. Thisalternative would still require amendments/updates to General Plan Land Use policies, the Municipal Code, and Local Coastal Program Implementation Plan. It is not possible to know which combination of housing sites would be developed at what densities; however, the overall development capacity would result in an incremental decrease in the number of housing units and/or housing throughout the City. Environmental Effects, Alternative B's environmental impacts are compared to the proposed Project in Section 6A.2 of the Program EIR. This alternative was selected for analysis because it would result in a lower intensity of development that could lessen some of the Project's environmental effects. It would not, however, substantially lessen or eliminate all of the Project's significant and unavoidable effects. Potential impacts from implementation of Alternative 9 would be similar to the proposed Project for a majority of resource areas, and Impacts would remain significant and unavoidable for air quality, cultural resources (historic resources), GHG emissions, recreation, and utilities and service systems (water supply). Alternative B would not have a significant unavoidable roadway noise impact. Ability to Achieve Project Objectives: The RHNA identified the projected number of dwelling units needed to accommodate estimated future growth during the 6th Cycle planning period (2021-2029) at specified levels of affordability. The City's 6t" Cycle RHNA allocation is 4,845 housing units, including 1,456 Very - Low -income units and 930 Law -Income units. The City's 2021-2029 Housing Element demonstrates compliance with its RHNA obligations including the identification of housing sites. In addition to the V' Cycle RHNA allocation, the Program EIR includes additional housing units as a buffer to address future "no net loss" to preclude the need to identify replacement sites during 61 Cycle implementation. State Mousing laws require cities and counties to Identify RHNA obligations by Income category. It is Important to note that future housing applicants are not required to meet affordability goals. The City is obligated to ensure there is no net loss when projects are developed such that there are adequate opportunities for the City to meet its RHNA obligations, particularly in order to demonstrate that Low-income and Very -Low -Income units are being constructed. Therefore, the proposed Project assumes a total development capacity of 9,914 units including future development capacity of up to 9,649 units on 247 housing sites, 25 units of pipeline projects, and 240 units of anticipated accessory dwelling units (ADUs). 59 Exhibit „B," 23-90 City of Newport Beach General Plan Housing Implementation Program Section 6 Findings of Fact and Statement of overriding Considerations Alternatives Alternative B would meet the Project's objective to ensure compliance with State housing law and implementation of the 2021-2029 Housing Element, including an update to the City's Land Use Element goals and policies and the adoption of Housing Opportunity Zones. However, as Alternative B would include a reduced buffer, should the City, have an insufficient number of remaining sites to meet its RHNA obligations in the Income categories resulting in a net loss, the City would have 120 days to provide rezoning that accommodates the net loss, Although Alternative B would adopt state -mandated and locally desired programs to implement the City's Housing Element, it would not provide a buffer to address "no net loss" to the same extent as the proposed Project. Alternative B Findings: The City Council rejects this alternative on the following grounds which provides sufficient justification for rejection of this alternative. Under Alternative B, while the City could meet its 6111 Cycle RHNA allocation from future development on the housing sites, there would be greater risk of penalties and noncompliance with various State housing -related laws In case housing sites were removed from the inventory during the planning period or sufficient sites were not available to meet the RHNA at specified levels of affordability. Alternative C; RHNA Only Description: Alternative C assumes a maximum development capacity of4,845 housing units, which is the City's b'h Cycle RHNA allocation. While a buffer Is not required, it is recommended by HCU, Therefore, Alternative C assumes no buffer to address future "no net loss" If actual housing development does not provide Very -Low-income and Low -Income housing consistent with the RHNA. This alternative would represent an approximate 50 percent reduction in overall development capacity as compared to the proposed Project. This alternative would still require amendments/updates to the General Man Land Use Element policies, Municipal Code, and Local Coastal Program Implementation Plan. It is not possible to know which combination of housing sites would be developed at what densities. Environmental Effects: Alternative C's environmental Impacts are compared to the proposed Project In Section 6.4.3 of the Program Flit, which is hereby incorporated by reference. This alternative was selected for analysis because It would result In a lower intensity of development that could lessen some of the Project's environmental effects. It would not, however, substantially lessen or eliminate the Project's significant and unavoidable effects. Potential Impacts from Implementation of Alternative C would be similar or less than the proposed Project for a majority of resource areas because fewer housing units are assumed. Impacts would remain significant and unavoidable for air duality, cultural resources, (historic resources), GHG emissions, and utilities and service systems (water supply assumptions). Alternative C would eliminate significant, unavoidable roadway noise impacts. Ability to Achieve Project Objectives: Alternative C would facilitate future residential development on 247 identified housing sites, but would not Include any housing units to serve as a buffer to address future "no net loss" to preclude the need to identify replacement sites during 61 Cycle implementation. Alternative C would meet the Project's objective to ensure compliance with State housing law and implementation of the 2021-2029 Housing Element, including goal and policy modifications City's Land Use Element and adoption of Housing Opportunity Zones. Under Alternative C, while the City may be aide to meet its 611 Cycle RHNA allocation from future development on identified housing sites, It is, important to note that future housing applicants are not required to meet affordability goals. State Housing laws require cities and counties to identify RHNA obligations by Income category. The City is obligated to ensure there is no net loss when projects are developed such that there are adequate opportunities for the City to meet its RHNA obligations, 60 Fxhibit "B" 23-91 City of Newport Beach Generai Plan Housing implementation program Section 6 Flnd€ngs of Fact and Statement of Overrld.ing Considerations Alternatives particularly in order to demonstrate that Low-income and Very -Low -Income units are being constructed. it is reasonable to assume that the City may not meet its RHNA obligations in the various income categories and be required to rezone additional sites. The City would have 120 days to provide rezoning that accommodates the net loss or risk conflicting with State law and the Project objectives, Alternative 3 Findings: The City Council rejects this alternative on the following grounds which provides suffIclent justification for rejection of this alternative. Under Alternative C, while the City could meet its W" Cycle RHNA allocation from future development on the housing sites but would provide no buffer to address no net loss. There would be greater risk of penalties and noncompliance with various State housing -related laws In case housing sites were removed from the Inventory during the planning period or sufficient sites were not available to meet the RHNA at specified levels of affordability. 61 Exhibit "B" 23-92 City of Newport Beach General Plan Housing Implementation Program Section 7 Findings of Fact and Statement of overriding considerations Statement of overriding Considerations Section 7: Statement of Overriding Considerations CEQA requires the declsion-making agency to balance the benefits of a project against its significant unavoidable impacts when determining whether to approve a project. If the benefits of the project outweigh its unavoidable adverse environmental effects, those effects may be considered acceptable (State CEQA Guidelines §15093(a)). CEQA requires the agency to state In writing the specific reasons for considering a project acceptable when significant impacts are not avoided or substantially lessened. Those reasons must be based on substantial evidence in the Program EIR or elsewhere in the administrative record (State CEQA Guidelines §15093(b)). The Project, as proposed, could result in significant unavoidable impacts related to aesthetics, air quality, cultural resources, GHG emissions, noise, and utilities and service systems even after incorporation of the Mitigation Program. These significant and unavoidable imparts are identified and discussed in Section 6 of these Findings. The City adopts and makes this Statement of Overriding Considerations regarding the significant unavoidable Impacts of the Project and the anticipated benefits of the Project. The City finds that each of the benefits set forth below in this Statement constitutes a separate and independent ground for finding that the longterm benefits of the Project, which constitute the specific economic, legal, social, technological, and other considerations that justify the approval of the Project; As stated in Government Code Section 65589.5, the State of California has a housing supply and affordability crisis of historic proportions. The consequences of failing to confront this crisis effectively and aggressively are hurting millions of Californians, robbing future generations of the chance to call California home, stifling economic opportunities for workers and businesses, worsening poverty and homelessness, and undermining the State'S environmental and climate objectives. The Legislature adopted the Housing Crisis Act of 2019 (SB 330) which states that "in 2018, California ranked 491' out of the .50 states in housing units per capita ... California needs an estimated 180,000 additionally new homes annually to keep up with population growth, and the Governor has called for 3.5 million new homes to be built over 7 years." ■ The State has identified the lack of housing as a significant area of public concern, leading to an unsustainable lack of housing affordability, increased homelessness, social stress related to Increased poverty and a reduction in economic prosperity for many State residents. In the current RHNA cycle, Newport Reach has been allocated 4,845 units, including 1,456 Very -Low Income units and 930 Low -Income units. The 9,914 units estimated in the 2021-2029 Housing Element provide for development of the RHNA units and create and important level of flexibility to allow market forces to efficiently develop the required units. Under State law, the City must adopt a V Cycle Housing Element Update that meets its assigned RHNA requirement and allow for Future growth and development. + The 2021-2029 Housing Element was shaped by an extensive public outreach process that engaged the community and decision -makers. The City worked with the Housing Element Update Advisory Committee, Planning Commission, City Council, and the community to prepare an update to the housing Element. The 2021-2029 Housing Element reflects this public Input and consideration. ■ The Project could achieve a number of benefits that address both City and regional goals for fiscal sustainability, housing supply and affordability, and enhancement of public infrastructure and facilities. fit Exhibit "8" 23-93 City of Newport Beach Gerneral Plan Housing implementation Program section 7 Findings of Fact and Statement of Qverridln6 Considerations statement of Overriding Considerations on balance, the City finds that: there are specific economic, legal, social, technological, and othe. r considerations associated with the Project that serve to override and outweigh the significant unavoidable effects of the Project. Therefore, pursuant to State CEQA Guidelines Section 15093(b), these adverse effects are considered acceptable. 63 Exhibit "B" 23-94 EXHIBIT " $ Mitigation Monitoring and Reporting Program (MMRP) 23-95 MITIGATION MONITORING AND REPORTING PROGRAM THE CITY OF NEWPORT BEACH GENERAL PLAN HOUSING IMPLEMENTATION PROGRAM (STATE CLEARINGHOUSE NO. 2023060699) PA2022-0245 Prepared for City of Newport Beach Community Development Department 100 Civic Center Drive Newport Beach, California 92660 Prepared by Kimley-Horn and Associates, Inc. 1 100 W. Town & Country Road, Suite 700 Orange, California 92868 APRIL 2024 Kimley»>Horn 23-96 City of Newport Beach General Plan Housing Implementation Program Mitigation Monitoring and Reporting Program PURPOSE OF MITIGATION MONITORING AND REPORTING PROGRAM The California Environmental Quality Act (CEQA) requires that all public agencies establish monitoring and/or reporting procedures for mitigation adopted as conditions of approval In order to mitigate or avoid significant environmental Impacts. This Mitigation Monitoring and Reporting Program (MMRP) has been developed to provide a vehicle by which to monitor the Mitigation Program outlined in the City of Newport Beach General Plan Housing Implementation Program Final Program Environmental Impact Report (EIR), State Clearinghouse No. 2023060699, The MMRP has been prepared In conformance with Section 21081.6 of the Public Resources Code. Specifically, Section 21081.6 states: (a) When making findings required by paragraph (1) of subdivision (a) of Section 21081 or when adopting a mitigated negative declaration pursuant to paragraph (2) of subdivision (c) of Section 21080, the following requirements shall .apply: (1) The public agency shall adopt a reporting or monitoring program for the changes made to the project or conditions of project approval, adopted in order to mitigate or avoid significant effects on the environment. The reporting or monitoring program shall be designed to ensure compliance during project Implementation. For those changes which have been required or Incorporated Into the project at the request of a responsible agency or a public agency having jurisdiction by law over natural resources affected by the project, that agency shall, if so requested by the lead or responsible agency, prepare and submit a proposed reporting or monitoring program. (2) The lead agency shalI specify the location and custodian of the documents or other material which constitute the record of proceedings upon which its decision is based. CEOA Guidelines Section 15097 provides clarification of mitigation monitoring and reporting requirements and guidance to local lead agencies on implementing strategies. The reporting or monitoring program must be designed to ensure compliance during project implementation, The City of Newport Beach is the Lead Agency for the Project and is therefore responsible for ensuring the Implementation of the MMRP. The MMRP has been drafted to meet the requirements of Public Resources Code Section 21081.6 as a fully enforceable monitoring program. BACKGROUND The Mitigation Program identified in the Program EIR outlines General Plan Policies, Coastal Land Use Plan Policies, standard conditions of approval, and mitigation measures for which Implementation of future housing development associated with the proposed Project would be consistent with. The MMRP defines the following for each Mitigation Program element: Definition. The Mitigation Program element contains the criteria for mitigation, either In the form of adherence to certain adopted regulations or identification of the steps to be taken In mitigation. ■ Time Frame. In each case, a time frame is provided for performance of the mitigation or the review ofevidence that mitigation has taken place. The performance points selected are designed City of Newport Beach 1 23-97 City of Newport Beach General Plan Housing Implementotlon Program Mltleation Monitoring and Reporting Program to ensure that Impact -related components of Project implementation do not proceed without establishing that the mitigation Is implemented or ensured, All activities are subject to the approval of all required permits from agencies with permitting authority over the specific activity. Monitoring/Reporting Method, The actions required to ensure the measure Is implemented are noted. Responsible Party or Designated Representative. Unless otherwise indicated, an applicant would be the responsible party for implementing the mitigation, and the City Newport Beach or designated representative would be responsible for monitoring the performance and implementation of the mitigation measure. To guarantee that the mitigation will not be Inadvertently overlooked, a supervising public official acting as the Designated Representative is the official who grants the permit or authorization called for in the performance. Where more than one official is identified, permits or authorization from all officials shall be required, The last column of the MIVIRP table will be used by the parties responsible for documenting when implementation of the measure has been completed. The ongoing documentation and monitoring of mitigation compliance will be completed by the City of Newport Beach. The completed MM€tP and supplemental documents will be kept on file at the City of Newport Beach Community Development Department. The mitigation measures and/or the performance standards of the mitigation measures Identified In the City of Newport Beach General Alan Housing Implementation Program EIR would be Implemented as part of consideration of subsequent projects within the City. Implementation would consist of determining whether subsequent projects are consistent with the General Plan, utilization of policies and action items as conditions of approval and/or mitigation measures and any applicable City -initiated planning activities, City of Newport Beach 23-98 City of Newport Beach General Plan Housing Implementation Program Mitigation Monitoring and Reporting Program City of Newport Beath General Plan Hoosilrtg Imptementation Program Mitigation Monitoring and Reporting Program Gene►at P)an.Poileies, locat Coastal Program Coastal Responsible ParWft Vecsivats-on Use Plan {Local Coastal Program) Policies, I Mliigation Measures (i1t MI/ConditionS of implemerfttton Implementation/ Impact Thresholds Regulatory Requirements Approval liming Approvat Dare initials 4.1: Aesthetics Threslwtd4.1-1-- Have a General Plan Land Use {iUjElement Policies: LU 6.5.5 (Bannng No mlligaatiop. - - sobstantial adverse effect on a Ranch) scenic vista. General Plan Natural Resources JNR) Element Policies: NR 20.1, NR 2Ci2, NR 203, NR 20.4, NR 23,1, NR 23.2, NR 23.3 _ Local CCastat Program Policies: 4.4.2-2, 4.4.1-3, 4.4.1-4, 4.4A-5, 4.4.1.7,4.4.3-1 Municipal Code: Chapter 20.30; Chapter 20,52 Section 20.52.080; C?4apC2Y21.30 Threshold4.1-2: Conflict with General Plan Land Use %U) Element Polides:.LU 12, LU 5.12, l.ii No mitigation. - - app icable toning and other 5.16, €,U 5.1.9 (Not applicable to Newport Center and Airport regulations governing Scenic Area), LU 5.3.1, Lii 5.3.3, LU 5.3,5, LU 5.3.6, LLB 5.6.1, LU 6.10.2 quedy. QCannery VillagO, Policy LU 6.144 €Newport Center), LU 6.15.3 (Airport Area),12.16,15.9 (Airport Area), W 6.15.22 (Airport Area), LU 6.15.27 Wrport Areal, CU 6.16.6, LU 6.17.3 (west Newport), LU 6.18_a (West Newport), LU 6.19.7 (Rrtarinere Mile), W 6,19.8 (Mariners' Mile}, LU 6.155 (Marinere m9e), LU 6.19.12 (mariners! Mile) General Plan Natural Resources €NR}Element Policies: NR 20.3, AIR 21.1, NR 23_0 Local Coastal Program PoNxies: 4.4.1.8, 4.4.2.4, 4A,4-1, 4.4A.6 Municipal Code: Chapter 2030; Chapter 20.52Secticn2C1.SZG80; Chapter 212M City of Newport Beach Multi-L➢nit Objective design . Standards Threshold 4,1-3: Create a new General Plan land Use €I.U1 Element Policies. LU 5.6.2, LU 5.6.3 Regarding Banning ranch, consistent with the City of source of 5u6starrtial light or Municipal Code: Chapter 20.30 Section 21.30.070; Ctity of Newport Newport Beach General Plan Program EM, there are no glare which would adversely Beach Muhl -Unit Objective Design Standards feasible mitigation measures to reduce this impactto a affect day or nighttimeviews in less than significant level No mitigation is required for the area. the other housing sites. City of Newport Beach 23-99 City of Newport Beach General Plan Housing Implementatwn Program Mitigation Monitoring and Reporting Program City of Newport Beach General Plan Housing Implementation Program Mitlgatlon Monitoring and Reporting Program C,eaters(1?fan'Pojtdes,Eo=[CoastaiProgramCoaseailLand Respor ible,Partyfor i/eriaicdtion Use Plan iL=1 Coastal Program). PoCtoes, Mitigation measures (isJ WIConditions of tt"Oemeritation Impiementatiori� Impact Thresholds RegulatorYRegltlrementS Approval Taming Approval Date Initials 4.2-.Air Quaft 'Mrwhold 4.2-2- Conllict with or General Plan Natural Resources {NR) Element Policies NR &1. Nil There are no feasible mitigation measures to redwe this obstruct implementation of the 6.3, NR 7.1, NfL 7.2, vR8.1 impact to a less than significant level, appkable air quatity ptan, Municipal Code: Chapter 155.19 South Coast Air QkmlKy Management District (SCAQMD) Rules and Regulations: Rule 401, Rule 402, Rule 403, Rule 445, Rule 1113, Rule 1170, Rule 114S Threshold 4.2-7 Result in a General Plan Natural Resources INFO Element Policies: NR 5.1, NR i here are no feasible mitigation measures to reduce this ccunulatively tonsiderahie net 6.3, NR 7.1, NA 7.2, NR S.1 impact tt a €em than siplfw2m: level. increase of any miters pollutant Municipal Code: Chapter 15.19 for which the project region is in nenattainment under an South Coast Air Q=Hty Management District (SCA£;6W) Rules appl`tcablefederal or State and Regulations: Rule 401, Rule 402, Rule 403, Rule 445, Rule ambient air civality szanderd. 1213, Rule 1120, Rule 1143 Threshold 4.2-3: Expose General Plan Natural Resources JNRj Element BoTides: NR &I, NR Note: There are no €ea5able mitigation, measures to If found to be City of Newport Beach sensitive receptors to 6.3, NR 7.1, NR 72, NR &.1 reduce this impact toa less thart signifitant level. Tlie applicable on a Community substantialpoputant Municipal Code: Chapter15.15 following mitigation measure isapplieable. project-spedicbasis Development concentrations. South Coast Air Quality Management ❑&aict (SCAQMD) Rules MM AQr-1. A project -specific Health Risk Assessment ftrfiMre housing on the identified housing Department and Regulations: Rule 401, Rule 402, Rule 403, Rule 445, Rude shall be conducted for future residential development sites. 1113, Rule U2D, Rule 1143 proposed within 500 feet of the State Route 73 right-cf- Prepwatior during wray, pursuant to the recommendations set forth in the California AirResourtes Board (CARS) AirQualrty and development revrew Land Use Handbook. The Health Risk Assessment shall process. evaluate a project per the following South Coast Air Quality Management District (SCAQW) thresholds: • Caner Risk EmittarcFnogenic or toxic contaminants that exceed the maximum Individual cancer risk of 10 ki one million. • Non -Cancer R'sle Emit toxic corimminants that exceed the maximum hazard quotlem: of one in one million. The SCAQMD has a€so established riot-cartino;enic risk parameters for use in HRA& Noncarcinogenic risks are C$ty of Newport Beach 23-100 City of Newport Beach General Dian Housing Implementation Program Mitigation Monftoring and Reporting Program City of Newport Beach General Plan [ I=slz€g Imptementatjon Program Mitigation Monitoring and Reporting Program General Plan Policies, focal Coastal Program Coastal Land Responsible Partyfor 3ferifkation Use Plan (Local Coastal Program) Polida, 1t9itigation, meastim I ilMVtondjtiors of implementation implementation/ Impact Thresholds Regulatory Requirements Approval Thning Approval Date initials quantified by calculating a "ha2ard'n-rdex," expressed as the ratio between the ambient pollutant concentration and its toxicity or Reference Exposure Level (REL). An REL isa concentration a or below which health effects are not Eke€y to occur. A hazard index less ofthan one t1.01 means that adverse health effects are not expected. If projects are found to exceed the SCAQMYS Health Risk Assessment thresholds, rolli ation shah be incorporated to reduce impacts to below SCAQMD thresholds. Threshold 4.2-4: Result in other General Plan Natural Resources JNR) Element Pofiaes: NR 7.2, NR No mitigation_ e7ttissions (such as those leading 8,1 to odors) adversely affecting a South Coast AirOmality Management District (SCAQMD) Rides substantial number of people. and Regulations: Rule402 4.1 Biological Resources Threshold 4.8-1: Have a General Plan Natural Resources MR) Element Polldes: Nil 10.3, SC RK -1; Prior to the commencement of any proposed Prior to the Gty of Newport Beach substantial adverse effect, AIR 10.4, UR 10.5,13R 10.6, NR 10.7, MR 105 (Banning Ranch) actions leg., site clearing, demolition, grading) during commencement of community either directlyorthrough General Plan Safety Is) Edemerrk Polities: Sb3, S 6 4, S 6.5 the breedlWassting season t5eptember 1 through February 15), a qualified Biologist shaft conduct a any Proposed actions (e4, size clearing, Development Departmem habitat modifications, on any species identified as a Local coastal Program Policies: 4,1.1-29 preconstructlon survey(s) to identify any active nests in demolition, grading) candidate, sensitive, or special- Municipal Code: Chapter 13.08, 21,30, 21.205, 2152 and adjacent to the project site no more than three days duringthe status species in local or Federal and State Regulatory Requirements determined on prior initiation anon of the action, Costs associated with ith the biologist shall be tlhe responsibility of the project breedinglnesting season (September 1 regional plans, policies, or regulations, or by the CDWG or project -specific basis app€icant, if the biologist does not find arty activeness through February 15) qSFWS. that would be potendahy impacted, the proposed action may proceed. However, if the biologist finds an active nest withn or directly adjacent to the action area (within -00 feet) and determines that the nest snag he impacted, the biologist sha4 del€neateanappropriate buffer zone around the nest using temporary plastic fencing or other suitable materials, such as barricade tape and traffic cones. The buffer zone shall be determined by the biologist in consultation with applicable resource agencies and In consideration of species sensitivity and City of Newport Beach 23-101 City of Newport Beach General Plan Housing Implementation Program Mitigation Monitoring and Reporting Program City of Newport Beach General Plan Housing Implementation Program Mitigaticin Monitoring and Reporting Program General Plan Policies, Focal Coattal Program Coastal Land Responsible Partyfor tlerffkation use Plan (Local Coastal Program) Poiidies, mitigation Measu`es.(MMMWW.ons of implementation Implementation/ ImpadThreshoids Regulatory Requirements Approval Tinting +Apli—al Hate 1ni'dals existing nest site mrmfiticns, and in coordination with the construction contractor. The qualified biologist shag serve as a construction monitor during those periods when construction activities occur rear actve nest areas to ensure that no Inadvertent impam onthese nests occur. Only specified construction activities (ifany) approved by the quaJiified biologist shall take placev tftin the buffer zone until the nest: is vacated_ At the discretion of the gaalified biologist, activities that may be prohibited withirthe buffer zone include but not be limited to grading and tree clearing- Once the nest is no longer active and upon final determination by the biologist, the proposed action may proceed within the bt ferlone. The qualified biologist shall prepare a survey report/memoran du n summarizing bls%her findings and recommendations of the preconstruciian survey. Any active nests observed during the surrey shall be mapped on a current aerial photograph, including doarmentafan ofGPS coordinates, and included in the survey report/memorandum. The completed survey report/memorandum shag be submitted to the City of Newport Beach Community Development Department prior to construction -related activities that have the potential to disturb any active nestsdurirng the nesting season. MM ENO-1: Applications W future homing development if found to be My of Newport Beach facilitated by the Project, where the City has determined applicable on a Community a potential for Impacts to spedai-status wildlife and proieCt•specific basis Development Director plants species, shall be required to corgoy with the forfutuM housing on following mitigation framework: the identified housing Prior to the issuance of any permit for future sites. development consistent %rich the Project, a site -specific Submittal: during general biological resources survey shall be conducted to IdevelopmentrevIew City of Newport Beach 23-102 City of Newport Beach General Plan Housing implementation Frogram Mitigation Monitoring and Reporting Program City tsf Newport Beach General Plan using implementation Program Mitigation Monitoring and Reporting Program General Plan Pollicies, Local Coastal Program Coastal Land Responsible Party for Verification Use Plan (Local Coastal Program) Policies, Mitigation Measures (ifi M)/Conditions of implementation Implementation/ ItnpactThmholds ... ... RegulatoryRequlrements __ _ .. ... Approval Timing Approval Date Irtitlels. identify the presence of any sensitive biological process; Prix: to resources, including any sensitive plant orwlo'life Issuanceoffirst species, A biological resources report shall be submitted permit. to the City to document the results of the biological resources survey. The report sMIl Include (1) the methods used to determine the presence of sensitive biological resources; a) vegetation mapping ofall vegetation communities and/or land cover types; l3) the locations of any sensitive plant or vAldliie sNcles; (4) an evaluation of the potential for occurrence of any /serf, rare, and narrow endemic species, and {3j an evaluation of the signiiicameof any potential direct or indirect impacts fromthe proposed project. If potentially significant impacts to sensitive biological resources am identifed, Future project sitegrading and site plans shall incorporate project design features required by the appiicantto minhnue direct impacts on sensitive biological resources to the extent feasible, and the report shall also recommend appropriate mitlgRtFOn to be implemented by the applicant to reduce the impacts to below a level cf significance_ The project design features shalt be submitted to the Comr nunity Development Director or their designee for review and approval. Threshold43-2: Hwe a General €Mars Natural Resoorces (PllRj Element Paltdtes. Nit 10.3, MM BIr3.1 would apply. iffound to be City of Newport Beach substantial adverse effect on NR 10,4, NR 10.5, NR 1U.5, NR 10.7, NR 105 (Banning Ranch) applicable on a Community any riparian or other Lacs) Coastal PrProgramPerliEles:4.1.1-13 project -specific basis Development Director urchabitat sensitive naturala1 mmmsntitY for futu rehou*g on identified in local or regional Municipal Code., Oapter 13.08, 2I.30, 21.205, 2152 the Identified housing plans, poilcres,regulations orby Federal and State Regulatory Requirements determined on sates. the Calpfornia Department of project-specificbasis Submittal during Fish and Wildlife Service or VS. developmerrt review Fish and Wildlife Service. process; Prior to City of Newport Beach 23-103 City of Newport Beach General Plan Housing Implementation Program 10-ligation Monitoringand Reporting Program City of Newport Beach General Plan Housing Implementation Program Mitigation Monitoring and Reporting Program General Plan Policies, Local Loaaml Program Coastal! Land Responsible Party for Ver€ kation Use Plan (Local Coastal Program) Polices, Mitigation AReam xes (fitlMI/conditions of implementation Lmplemeaitation/ knpactThresholds Regulatory Requirements Approval Timing Approval Hate Initials issuance of €rA Permit. Threshold 43-3: Have a General Place Natural Resources (NR) dement Polid'es: NR 104 No mitigation. _ - - substantial adverseeffect on NR 10.4, NR SOS, NR 20.6, NR 3.0.9 (banning Ranch), NR 13.1, NR State or federally protected 13.2 cvet#ands (Mcludfng, but not Local Coastal Program Policies: 2.L7.2, 2.2.1.2 €imited to, marsh, vernal pool, coastal, etc) through direct MurdcipalCode-- Chapter 13.08, 21.30,21.20B, 2I.S2 removed, Mling,hydrolooW FederalandState Regulatory MqulrementsdeterrninedOn fnterruption,orother means. project-5pecificbasis Threshold,L3-R Inter em General Plan Natural Resouro" NR) Element Policies: NR 10.3, No mitigation, substantially with the NR 10A NR 10.4 (Banning Ranch) movementof any native or Municipal Code: Chapter 7.26 migratory fish or wildlife species; irtWtestablish*d Federal and State Regulatory Requirements determined an native resident or migratory fish project -specific basis Orwildlfie corridors; or impede the use of na&s wildlNe nursery sites. Threshafd435:Conflictwith General Plan Natural Resources JNR) Element Policies: NR 10A, Nomiligation. any local policies or ordinances WR 10.4, MR 10.5, NR 3O.6, NR 10.7, iR W9 (banning Ranch), NR protecting biological resources, 13.1, NR 13.2 such as a rree preservation General Plan Safety (5) Element Policies: 5 53, 5 6.4, 5 6.5 policy or ordinance. Lacs! Coastal Program Policies: 4.3-8 Threshold 4-1-6. Conffict with General Plan Natural Resources (W) ElementPolides NR 10.3, No mitigation. the provisions a. an adopted NR 10.4 Habitat Conservation Plan, Local Coastal Program Policies: 4.1.1.2, 4.3-1.3, 4.1-1-13, 4.1-1-17, NatuW Community 4.3-9 Conservation Plan, cr other approved focal, regional, or Munfct} I Code, Chapter 1108, 2LA 27.208, 21.52 State habitat conservation plan. City of Newport Beach 23-104 City of Newport Beach General Plan Mousing Implementation Program Mitigation Monitoring and Reporting Program City of Newport Beach General Plan Housing implementation Program Mkigat€on Monitoring and Reporting Program General Plan'Policies, total'Coastal Program Coastal Land Re onsibtePa►tyfor Ve;tt%atian Use Plan (total Coastal Program) Porkies, Nlitigatton measures jivtMI/Conditions of implementation Implementation/ ImpactTireshoids Regulatory Requirements Approval Timing Approval Date Initials; raderal and State Regulatory Requirements determined en project -specific basis dA , Cultural Reources Threshold 4.4-1, Cause a General Plan ifstorical Resources (HR) Element Policies: HR 1.2, Note: There are nofeasible mitigation measures to i€found to he ProjectApplicant substantial adverse change in HR 1,4, HR 3-5, MR 1.5, HR 1.7 redueefM impact to a less than significant lever. The applicable on a the significance of a historical General plan Land Use (LU) Element Policies: W 6.8.6 following mitigation measure is applicable. project -specific basis City of Newport $each resource pursuant to Section MMCLIL-I Applications for future development for future housing on ComiTwnity 15064.5. Loral Coastal Program Pollclar.. 4.5.14, 4.5.1-2, 45.1-4 facilitated by the Project, where the City has determined the identified horning Development Director Munklpal Crude: Chapter 22.20.105 a potential for impacts to historic resources, shall be si�tm Newport Beach City Council Poky PAanuai: Places of Historical required to comply with the following nritfgation Determination made and Architectural SignFficance (K 2j frameworkt during development For any building/structures in excess of 50 years of age review process; having its original structural integrity lntact, the applicant Submittal of report as shall retain a qualified professional historian to part of CE4A review. determine whether the affected bldldingjstructure is historically slgntrwant. Tfie evaWatiew of historic archftecturai resources shall he based on criteria such as age, location, context, association with an important person or event, uniqueness, or structural integrity, as indicated in State CEQA Guidelines Section 15064.S. A iusto€ka€ resource report sWl be submitted bythe applicant to the City and shall indude the methods used to determine the presence or absence of historical resources, identify potential impacts from the proposed project, and evaluate the significance of any historical resources identifred. Threshold 4-4.2 : Cause General Purr Pfestorical Resources (MR) Element PoWes: HR 2.1, SC CUL-1: in camplience with City COUTIC111 Policy K-5, if found to be City of Newport Beach substantial adverse change in HR 2.2, KR 2.3, rill 2.4 prior to the issuance of a grading permit by the Cityof applicable on a Community the significanceof an Genera Plan Natural Resources (N[t) Ekrteerrt Policies: NR 18.1, Newport Beach, the Applicant sha€i retain a quaVied project -specific basis Development Director archaeological resource NR 29.3, NR 18Li areitaealogisttaperiodicaflymonitor ground-dL4turbing for future housing on purSWant to Section 15064,5, activities onsiteand provide documentarion of such the identlYied iwtlsfrtg retention to the City of Newport Beach Community sites. Development Director. The archaeologist shall train Ctty of Newport Beach 23-105 Cry of Newport Beach General Plan Housing implementation Program Mitigation Monitoring and Reporting Program city of Newport Beach General Plan Housing Implementation Program Mitigation Monitoring and Reporting Program General Plan Policies;.Loceil Coastal Program Coastal Land Responsible Party far Vedflcation Use Plan (Local Coastal Program) Policies, Wr igatian Measures (MM)jCoadltlons of imptementatiff implementation/ Impact Thresholds Regulatmy Requirements .Approval Timing Approval Date lnWais Local Coastal Program Policles: 4.5.1-1, 4.5.1-2, 4.5.1-3, 45.1-4, project construction workers on the types of During the 4,5.1-5 archaeologicai resourcesthat could be found in site soils. development review Municipal Code: Municipal Lode: Chapter 21.20.105 The archaeologist shall periodically monitor project process: Compliance ground-d'sstvrbingactivities, Diuingconstruction Y&zhCityrequirements Newport BeaehCrty Council Por"wif Manual: Paleontological and activities. If Native American resources (Le, TrWI forarchaeological, Archaeoiaglca@ Resource Protection Guide€'saes (K-5), Cultural Resources) are encountered, a cultural Resource paleontological, and Monitoring and Discovery Plan (CRMDP) shalt be created tribal cultural and Implemented to Lay out the proposed personnel, resc�unces. Monitoring methods, and avo€dance/remvM framework for tribal during growl culturairesaurcesmonitaringand evaluation activities disturbingactmties. within the project area. A consulting Native American tribe shall be retained and compensated as a consultantfmonitor for the project site from the tim* of discovery to the completion of ground disturbing activities to manitor grading -and excavation actiivMes. it archaeological resources are encountered, all construction work within 50feet of the find shall cease, and the archaeologist shall assess the find fen importance and whether preservation in place without impacts is feasible. Construction activities may continue in other areas. If, In consultation with the City and affected Native American tribe (as deemed necessary), the discovery is determined to not be important, work will be permitted to continue in the amL Any resource that is riot Native American in origin andthat cannot be preserved in place shalt be curated at a public, nonprof€t institution with a research interest in the materials, such as the South Central Coastal Information Center at California State University, Fullerton. MM CUL-3: Prior to any earth -disturbing activities (e.g., If found to be Project Applicant excavation, trenching, grading) that could encounter applicableon a undisturbed soils, the project4evel applicant for future project-specinc basis City of NLwport Beach development shall retain an archaeologist who meets for future housing on Community the Secretary of the interiors professional Quatific atiors Development Director City of Newport Beach 23-106 City of Newport Beach General Plan Housing Implementation Program MR€gation MonRoring and Reporting Program, City of Newport Reach General Plan Housing implementation Program Mitigation Monitoring and Reporting Program Genera( Plan.Polkies, Local Coastal Program Coastal Land Responsible Party tar Ver f'ication _ Use Plan (Local -Coastal Program) Pallcles,. Midgai ion measures (WIM)lCondifions of tmplernentatiort implementation/ Impact 'ihresholds Regulatory Requirements Approval Timing Approval Date Initials Standards €orRrchaealogy to determine if site -specific the identified housing development allowed under the General Plan update sites. could result in a svbstanttai adverse change in the Duringthe Saar Kkanee of an archaeoogicai resource pursuart to development review Section 15064-5 o?the CE0A Guideines. The process; prior to imrestigation ". l include, as determined VproprFate by ground -disturbing the archaeologist and the City of Newport Beach, an activities. Compriance updated recordssearchaf the South Central Coastal with City requirements information Center of the California Historical Resources for archaeological, lnfarmationSystem, updated NatrreRmerican paleontological, and consultatiori, and a pedesErian survey of the area tribal culutral proposed for development. she results of the resources- Monitoring Investigation shall be documented in a tedhnical report during graapd or memorandum that identifies and evaluates any disturbing activities, archaeciogW resourceswirhim the development area and includes recommendations and methods for eliminating or avoiding impacts on archaeological resources or human remains. she measurgs shall include as appropriate, subsurface testing of archaeological resources and/or conAructian monitoring by a qualified professional and, if necessary, appropriate Native American monitors identified bytheapplicable tribe andlorthe Native American Herikage Commission - Threshold 4:4-3: disturb any General Plan Historical Resources (Hn Element Policies: Hit 2.1, SC CtJL-2, California Heahh and Safety Code Section If found to be City of Newport Beath human remains, Wading those fiR 7-2, MR 2.3, HR 2A 7050.5, CEQA Guidelines Section 15064.5, and Punic appricableon a Community interred outsides of dedicated wm[Coastal Program Polides: 4.54-2 Resources Code Section riW7.98 mamdatethe processto protect -specific basis Deveiopment cemeteries. be followed in theevent of an accidental discovery of for future housing on Department Municipal Code: Municipal Code: Chapter 21.70.105 any human remains in a iodation other than a dedicated the identified housing Newport. Beach City Council Policy Manual: Paleontotogical and cemetery- California health and Safety Code Section sites. Archaeological Resource Protection Guiderhes (K-5). 7050.5 requires that in the event that human remains Compliance with are discovered within: the project site, disturbance of the regulatory site shall be hafted until the coroner has conducted an requirements doing investigation info the circumstances, manner and cause of death, and the recommendations concerning the Cityof Newport Beach 23-107 City of Newport Ouch General Plan Housing Implementation Program tal-nigafwn Monitoring and Reporting Program City of Newport Beach General Platt Housing Implementation Program Mitigation Monitoring and Repotting Program General PlanPo€icies;.Local Coastal Program Coastal Ladd Responsible Parry for iferiscation Use Platt (Local Coastal Program) Poi -ides, Mitigation Measures (MMYConditlorts of Implementation Implementation/ ImpactThresiwlds. Regulatory Requirements Approval . Timing Approve! Bate Initials; treatment anddisposition of the human remains have ground disturbing been made to the person responsible for the excavation, activities, or to his or her auteorized representative, in the manner provided in Section 5097.98 ofthe Public Resources Code. If the coroner determines ehatthe remains are not subject to his or her authority and if the coroner recognizes or has reason ro berieve the human remains W be those of a Native American, he or she shah contact, by t,4ephcne within 24 hours, the Native A mef=A Heritage comm€ssion. 4.S: Energy Threshold 4.5-1: Result In GenerailPlan Housing (H) Element Policies: Policy Action SG No mitigation. potentially Significant Genera Plan Land Use JLU) Element Policies: LU 6,15-25 environmental impact due to wasteful ineffu:ier8, or Municipal Code: Chapter 15.18 unnecessary consumption of energy resources, during Project construction or operation. Threshold 4.5-2: Conflict with or Generat Van Housing fH) Element Policies: PortcyAction 56 No mitigation - obstruct a 5tate or Local plan for General Plan Land Use (LU) Element Policies: LU 6 5-75 renewable energy or energy efficiency 4.6; Geology and Soils Threshold 4.rM- Expose people General[ Plan Safety(S) Element Policies: 54.7 No mitigation. - or structures to potential General Plan Natural Resources O R)Element9olides. NR 312 substantial adverse effects, including the risk of lass, injury, Municipal Code: Tile 15, Chapter 35.04 of death involving rupture of a known earthquake fault, as delineated on the most recent Alquist-Prralo Earthquake sau€t Zoning Mag issued by the Slate Geoioglst forthe area or based City of Newport Beach 12 23-108 City of Newport Beach General Plan Housing €mp$amentation Program [41tigation Monitoring and Reporting Program City of Newport Beach General dart idolising Implementadon Program Mitigation Monitoring and Reporting Program General Plan Policies, Local Coastal Program Coastal Land Responsible Partyfor verMcatlon Use Plan (Local Coastal ProSram) Pal -lies, Mitigation measures (€u1MI/Conditions of Implementation Implementation;/ lrnpactThreshoids Regulatory Requirements Approval Timing Approval. Date Initial% on other s6bstamia€ evidence of a known fault Threshold4x-2: Expose people General Plan Safety (S) Element Policies: S 4,7 No mitigation. or structures to potential General Plan Nattrral Resources fNR) Element Policies: NR 3-12 substantial adverse effects, inctudingthe risk of Joss, injury, Municipal Code: Tine 15, Chapter 15.04 or death invoiving strong seismic ground shaking. Threshold 4.6:3: i ireckly or General Plan Safety (S) Bement Polio U 5 34) S 3.10, S 3-i1, No silt€gatirn. . Indirectly cause potential S43, S 4.7 substantal adverse effects, General Plan Natural Resources tNR) Element Policies,. NR 3,12 mcludingthe risk of toss, injury, or death lnvo€vir:g seism€c- Municipal Code: Title 35, Chapter 15.04 related ground fa€lure, including Gauefaction, and landslides. Threshold 4.6-4: Result in Genera) Plan Safety (5) Element Policies: S 39, 5 3-30, S 3.11, No mitigation. - - substantial soil erosion or the S 3.12, S43 loss oftop solL General Plait Natural Resources INR) Bement Policies, NR 3.9, NR 3-11, NR 5.12, NR 3.14, NR 3.15, NR 119, NR 3-20, NR 4.4 Municipal Code: Title 35, Chapter 1S.04 Threshold4.6-5: Be located on a General Plan Safety IS) Element Policies: 5 3.9, S 3.10, S 3-11, No m tlgatior. - - geologic unit or soil that is 54.3, 5 4.7 unstable, or that would become General Plan Natural Resources tNR) Element Polkies. NR 3.12 unstable as a result of the Project, and paterl3 &Ity result in Municipal Code; Title 15r Chagier 15.04 on or off -site landslide, lateral spreading, subsidence, liquefaction or collapse. Threshold4.6-6: Be located on General Plan Safety (S( lement Policies: S 3 % S 3-10, 5 3.7.1, into mitigation. - expansivesoil,asdefiedin S4.3 Table 18.1-B of the LFroiform General Plan Natural Resources tNR) Element Policies: NR 3.4, Building Code (1994), creating NR 3.9 City of Newport Beach 23-109 City of Newport Beach General Plan Rousing $mpiementatian Program Mltigation Monttotiag And Reporting Program Clty di• Neuuport Beach General Plan Holasing ltnplementation Program Mitigation Monitoring and #faporting Program General Plan Policies, local Ccrastai Program �CoasF�l Land Responsible Parry for Veriicatlott Use Plan (Local Coastal Program,) Policies, Mitigation fitfeasures (N M)JCond1.tions of implementation trttplementation/ ImpactihreshoWs RegulatoryReg0ttrements Approval Timing Approval Date —Initials sobstardial direct or indirect Municipal Cade: Title 15, Chapter 15.04 risks to life or property. Threshold 4.6-7, Directly or Generef Plan H6torical Resources (HRI Element Policies: RR 2.1, hndrectly destroy a unique HR 2.2, RR 2.3, HR 2A pateontologicat resource or site General Plan Natural Resources (NR) Element PoRdes: NR 18.1, or unique geologic feature. NR 18.3, MR 19A Local Coastal Program Polides: 4.S.1-2, 4.5.1-5 Municipal Code: Nhmicipal Code: Chapter 2L20,165 Newport Beach City Council Porky Maoaal: Paleontological and ArchaeodngiczI Resource protection Huidellnes (K-5). 4,7: Greenhouse Gas Emissions Threshold 4.7-1, Generate Generat Plan Natural Resources (NR) Element Policies NR 6.1, Note: There are no feasible mitigation measures to H found to be City of Newport Beath greenhouse gas emissions, NR 7.2, NR 8.€ reduce this impact to a less than significant level. The applicahleon a Community either directly or indirectly, that Municipal Cade: Chapter 15.1=3 following mitigation measure is applicable. project-specifit basis development may have a significarrt impact MRIB GHG-1, Prior to demolition, grading, or iwlhdirsg fr'r #uture housing an Department on the environment. permit approval, and in accordance with SCAOMD's the identified housing guidance, a project -specific Greenhouse C,as Firdssions s€te$. Assessment shall be prepared for residential Submittal during the developments that would exceed SCAQP4C s 3,QW development review MTCC+se proposed threshold of significance (or those in process; Priorto place at the time of the development application).Future issuance of the first demlopmentshallmitigateGHGemissionstobelow permit. SCAQMD's thresholds of significance to the extent feasRAe_ Threshold 4.7-2. Conflict with General Purr Natural Resources (NR) Element Policies NR 6.1, Theme are no feasible mitigation measures to reduce this - an applicable plan, policy, or NR 7.2. NR 8.1 impact to a less than significant €even regulation adapted for the rvlunicipal Code: Chapter 15.113 purvose of reducing the emissions of greenhouse M. City of Newport Beach 23-110 City of Newport Beach General Plan Housing Implementation Program Mitigation iAonitoring and Reporting Program City of Newport Beach General Platt Musing Implementation Program Mitigation Monitoring and Repotting Program General Pbm Poiidesr focal Coastal Program Coastal Iwbnd Responsible Party1or Verification use Plan (Local Coastal Program) Policies, Mirlp"on Measures (Bti91 I/CondWons of Implementation Implemer tation/ ImpadThreshoids Regulatory Requirements Approval Timing Approval Fate Ine3iad5 4X- Flazards and Hazardous Materials Threshold 4.8-1. Create a General Plan Safety (5) Element policies. S 7-8 No mitigation. - significant hazard to the public Municipal Code: Chapter 9.04 or the environment through the routine transport, use, or disposal of hazardous materials. Threshold 4.8-Z Create a Generg Plan Safety M Element Policies: 5 7.6 No mitigation_ - - signili hint hazard to the public Municipal Code. Chapter 9.04 or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the enAronment. Threshold 4.&3r Emit hazardous Genera€ Plan Safety $s) Element Policies. S 7.6 No mitigation. - - emissions or handle hazardous Municipal Code: Chapter 2.20, Chapter 9.04 or acutely hazardous material, substances, or waste within one -quarter mileof an existing or proposed school. 1hmbodd4.8-4_ Be located on a Genera[ Plan Safety (S) Dement Polices: S 7.3„ S 7-2 No mKigadon. - - she which is included on a list of Municipal Code: Section 15.55.040 (Methane Overlay Zone) hazardous materials sites compiled pursuant to Government Cade Seddon 65952.5 and,as a result, would it create a significant hazard tc the public or the environment. Threshold4.8 a: Be located General Plan Safety (S) Element Pokles; S 8.6 No mitigation. - - within an airport land use plan Genera$ Plan land Use (LU) Element Paliclas tU 5.11.3 or, where such a ,plan has not been adopted, +within two miles Municipal Code,. Chapter 20-0MFj of a public airport or pudic use City of Newport Beach 23-111 City of Newport Beach General Plan housing Implementation Program Mitigation Monitoring and Reporting Program City of Newport Beach General Plan Housing Implementatlon Program Wiitigation Monitoring and Reporting Program General:PlanPoWes,Local CoastalProgram Coastal Land ResporisililePartytfar Vermcation Use Plan {Local Coastal Program) Policies,_ Mi6sation Measures (lV MVICondltions of Implementation Implamentation[ lmpactThreshoids Regulatory Requirements Approval Timing Approval mate lnitials airport would the project result in a safety hazard or excessive noise far people residing or worlang in the profect area Threshold 4.3-6. impair GeneratPian Safety (9) Element Policies: 57.6 No mitigation. implementation afar physically Municipal Code: Chapter 2.20 Interfere with an adapted emergency response plan or emergency evacuation plan lbmhald 4.37. Expose people General Plan Safety (Sj Element Polkles: S 6.7, S 6,7, $ 6A S 65 KD Fn"rligatian. or structures to a significant risk Local Coastal Program Policiew 2.8.8-1, 2.B-S-2, 2.S,S-4 of loss, injury, or death involving wikiland fires, including where Municipal Code: Chapter 2.20, Chapter 9.04 wrldlands are adjacent to urbanized areas or where residences are intermixed with wddlar ds. 4.9. Hydrologyand Waterctual•Ity ihreshold4,9-i, Violate any General Plan Natural Resources (NB) Element Poiieles: NR i.?, No mitigation- - - water guar3ty standards or NR 3.5, MR 3-7, NR 3.16, NR 4A, NR 43, MR 3.11, NR 3,14, MR 3.25, waste discharge requirements NR 9.19 or otherwise substantially Local Coastal Program Polities 4.3.2-1, 43.2-6, 43.2-7, 4.3.2-B, degradeiureaeeorgroundwater 43.2.12,4.3.2-13,4Z3 -14,43.2-23 quality. Municipal Cade: Chapter 1436 Threshold4.9-2 Substantialty General Plan Natural Resources (NR) Element Policies NR 3.5, No mitigation. decrease groundwater supplies NR 4.1, NR4.3, NR 3.4, NR 3.11, NR 3.14, NR 3.19, NR 3.20 or interfere substantially with Local Coastal Program Wides. 4-12-6,43.2-9, 43,2-12, 4.3.2-13, groundwater recharge such that 4.3.2-15, 4.3.Y-17, 4,3.2-24 the project may impede Municipal Code, Chapter 14A7 sustainable groundwater management of the basin City of Newport Beach 23-112 City of Newport BeaclrGenml Plan housing Implementation Program Mitigation Monitoring and Reporting Program City of Newport Beach General Plan Mousing Implementation Program Mitigation Monitoring and Reporting Program General Plan, Poit Yes, Umat Coastal Progrorn Coastal Laird . Responsible Party for Verification Use Plan (Local Coastal Program) Policies, Mitigation Wasures (€ViWCondittons of lmplementWorl implemer tation/ Impact Thresholds RegttlatoryRegttirements Approval Tuning Approval Date. Initials Tbresho€d49-3: Substantially General Plan Natural Resources (NR) Element Policies: NR L1, No mitigation. - - alter the existing drainage NR 3.4, NR 35, NR 3.5, NR RAL NR 3.14. NR 3.2% NR 3.20,NR 4.1„ pattern of the site or area, NR 4.3, NR4.4 €nc€uding through the alteraf➢on General Plan Safety M Element Policies: 5 2.7, S 5.1, S 5.3 of the courseora stream or river or through the addition of General Plan Land Use tLU) Element Policies: LU 6.4.10 impervious surfaces, in a Local Coastal Program Policies,. 4.3.1-5, 4-3.1-7, 4.3.1-2, 4.31-L manner which would: 4.32 2, 4.3.2-6, 43.2-7, 4.3.2-& 43.2-9, 4.322-10, "-2-11, 4.3.2- j result in substanaia€ erosion or 12, 43-2-13, 4.3.2-14,4.3.2-15, 43.2-17, 43.2-22, 4.3.2-23, 4.3.2- siltation on -or off -site: 24 U) increase the rate or amount Municipal Code: Chapter 14.35, Chapter 15.50 of surface runoff in a manner which would result in flooding m-craf',Mte, oil create or contribute mooff water wWd would exceed the capacEty of existing or planned storm water drainage systems or provide subszantial additional sources of po€luted ruvcft or iv) impede or redirect flood flows. Threshold 4.34. In flood hazard, General Plan Safety M Element Policies: 5 2.7, 53.9; S 3.10, No mitigation. - - tsunami, or seicha zones, risk 5 3.11, S 3.12 SSA, S 5.3 release of pollutants due to General Plan Natural Resources Element Policim NR 3.11 Project inandarson. Loral Coastal Program Po€idea:4.3.1-5, 4.3.2.6, 4.3a-22 Municipal Code: chapter 1436, Chapter 15.50 711reshold 4.9-5; Conflict with or General Plan Natural Resources{LNR) Element Policies: NR LI, N3 No mitigation. obstruct implementation of a 3,5, NR 3.7, NR 3.16, NR 4.1 water quality control plan or Loral£oastalProgram Policies: 4.3.2.6 susta€nable groundwater Municipal Code: Chapter 14.36, Chapter 13.50 management plan City gf Newport Beach 17 23-113 City of Newport Beach General Plan Housing Implementation Program Mitigation Mon-Aaring and Reporting Program City of Newport Seach General Plan Kmsing Implementation Program Mitigation Monitoring and Reporting Program GeneraiPlanPol%3es, Local Coastal PrugratmCoasteiILand. RwomibiePartyfx hVe'rMcatlon Lase Plan (Local Coastal Program) Policies, Mitigation Measures {Illiltri)/Cadditions of ririOementation Implementatioaf ImpactThrodwids. RegulatoryRegWrements. Approval Timing ApprovalInitials 4.ibt Land Useand Planning threshold 4.20.1: Physically General Plan Land Use (LU) Eleuwnt Policies: LU 23, LU 6.2.1, No mitigation. - divide an established LU 6.25 Community. Local Coastal Program Policies Threshold 430-2: Cause a General Plan Land Use (LU) Element Policies: LU 2.3, L IJ 3.8, LU No mitigation. - - significant environmental 6.i1, W 6.23, LU 5.25, LU 6.14.2, LU 3.2, LU 5.1.2, LU 533, LU inspacz due to a conflict with 5.6-2-z.. LU 6,15.3 any land use plan, policy, 4r Locaf Coastal Program Policies 2,1.1-1.2.2.1-1. 2.2.1-2, 2.2.1-3, - regulation adopted for the 2.2.241, 2.7-1, 2.7.2,17-5 purpose of avoiding or mitigating an environmental effect. 4.12. N*L-,e Titresirald 411-1• Result in the General Plan Noise [Ni Element Policies: N 1.1, N 1.2, id 1.3, N 1-4, There are no feadble mitigation measures to reduce this generation of a substantsal N 1.5. N 1-6, N 1.7, N 1.8, N 11, N 2.2, N 2.5, N 4.3, Al 4.6, N 5.1 Impact to a less than significant level, temporary or permanent Municipal Cade: Chazner 10.245. Section 10.28.040, Section increase in ambient noise levels 20.30.080.C, Section 20.30LOW F (loin Wayne Airport) in the vicinity of the project in excess of standards estabRshed in the local general plan or noise ordinance, orappiicable standards of other agencies Threshold4.11-2: Pesult in the Gamest Plan Noise IN) Element Policies: N 1-1., N 1.2. N 23, N 1.4, MPA NO]-l• To avoid Impacts to vibratlonsensitive Land Iffoutd to be City of Newport Beach exposure of persons to or N 3 S, N 1.5, N 1.7, N 1.8, N 2.1, N 2,2, N 2.3, N 4.3, N 4.6, N 5.1 uses (Le., non -engineered timber and masonry buildings) applicable on a Community generation of excessive Murddpal Code: Chapter 10.26. Section 10.2S.M, Section located within a 50-fo0t radius of pRe driving activities, project -specific basis Development Director groundbornevibration or 2030.080_C, Section 20.3048:1 prig to dernol iiom grading, or building permit approval, for futree housing on groundborne noise levels. the following measures shall be spe4f-ied cn the Project the identified housing plans and implemented during construction: sites. P€le driving writhin a St�fooz radisss of vituatitrn During the sensitive land uses shall utilize alternative €nSWbtion daveiopawt review methods (e.g., pile cushioning, jetting, predri8ing, cast- process; Prior to ¢n-place systems, rssonanoe-free vibratory piledrivers) issuance of the first to such that vlbratron velocities from the alternative City of Newport Beach 1$ 23-114 Cityof Newport Beach General Plan ftousi rg Implementation Program NVrtlgation Monitoring and Reporting Program City of Newport Beach Gerterat Plan housing lmplemerMitiorl Program Mitigation Monitoring and Reporting Program General Plan Poklesr Loaf Coastal Program Coastal Land Retionsible Party for llerifimtiots use Dian �tacaf Coastal Prograttr Policies, Ilfiltigat can meawms (fiilM)ICcnditions of ftnplementation Imp€ementation/ Impact Thresholds Regulatory Requirements Approval Timing Approval Date initials construction activfty would fag below the 0.2 demolition, grading, or Enchjsecond threshold. building permit The preexisting cortd€tion of all vibration sensitive €and uses within a SVoat radius of proposed pile driving shall be documented during a preconstruction survey. The precorstructian survey shall determine conditions that exist before construction begins for use in evaluating damage caused by pile driving, if any. Fixtures and finishes wsceptiWeto damage and within a 50-feat radius of pile driving shall be documented [pnatographicaRy and in writing! prior to demolition, grading,orbuV=ngpermitapprova€. A€Idamageshall be repaired/restored to its preexisdrigcondidom i'itresbold 4.21-3. for a project General Plan Noise tNj Element PoIWW N 1.2, N &SA, N 7-2, No mitigation. - - footed w€tWn the vtcinkj of a N 3.1, N 31 private airstrip or an airport GennerEg Plan Land Use li.lij Element Policies. LU rU,5Z rend use plan or, wheresxch a Municipal Lode, Chapter 10.26. Section 10.2&M, Section plan has not been adopted, 20,30.080.t, 5ectlon 7k.30.080.7 (John %layne Airport) U/iihintwo miles of a public airport or public use airport, would the Prajectexpose people residing or wor€dng in the project area to e5=Mhre noise €evels. eltyof Newport Beach 19 23-115 City of Newport Beach General Flan housing Implementation Program Mitigation Mmftoring and Reporting Program City of Newport Beach General Plan Housing implementation Program Mitigation Monitoring and Reporting Program General Plan Polkles, f acaltoastal Program Cc land Responsible Party for Verification Use Plan (Local coastal Program) Polities, MitigaSon Measures (1vINi)fEgnditions of impletsA tEatiort kripternentation/ ImpaciTrteesFiaids Regulatory Regttirementts. Approval Timing Approval i1at Initials 4.1?: Population and Housing Threshold 4.12-L- Induce General Plan Land Use 4U) Element Policies: LU 1A, LU 32, LU No mitigation. - - substantial population growth in 6.2.3 an area, tithertfirectty (for Local Coastal Program Policies: 2.1.1-1, 2.1.10-1, example, by proposing new 22.1-3, 2.22-1, 2.7-1, 2-7-2, 2.7-5 homesand businesses) or €ndirectly {for example, through extension of roads orpther infrastructure) Threshold 4.12-2: Displace General Plan Land Use (iU) ElementPolides: LU 1-4, LU 32, 623 No mitigation. substantial numbers of existing Local Coastal Program Pollcies. 2.12.1 23.Si3 1, 22.1-1, 2.2.1-2 housinE, necessitating the 2.71-3, 2.2.2-1, 2.7-1, 2.7-Z, 2.7-5 construction of replacement housing eEsesvhere or displace substantial numbers of people, necessitating the construction of replacement housing elsewhere. 4.13: Public Services Threshold 4.i3-1: Result in General Plan Land Use (LU) Element Policies: LU 2.8, €U 12, No mitigation. suiistar.tia) adverse physical LU &L1, LU 6.1.2, LU 62.3, W4.1 irnparss associated with the General Plan Safety 45) Element Policies: S 6.7 provision of new or physicelly Meal Code: Chapter 3.12, Chapter 9.04 altered governmental facilities, the construction cf which could ca=e scgnificant environmental fmpaM In order W maintain acceptable service rvbm, response times or other performance objectives for Sre protection. Threshold 4.13-2 Result in General Plan Land Use (LU) Element Policies. LU 2.8, LU 3.2, No mitigation. ' substant aiadverse physical LU 6.1.1, LU 6.1.2, LU 6.2.5, LU 4.1 impacts associated wO the General Plan Safety (S) Bement Policies: S 6.7 city of Newport Beach 20 23-116 City csf Newport Beach General Hart Housing ImplementetM Program Mitigation Monitoring and Reporting Program City of Newport Beach General Flan flat sing Implementation Program Mitigation Monitoring and Reporting program General: Plan Policies, Local Ccasta) Program Coastat Land Responsible Partyfor Verillcatson Use Plait (Local Coastal Program) Policies; Mitigation Measures (MMI/Cond€t)orm of Implementation Implementationt/ ImpagTbresholds Regulatory RegrArelnents Approval Timing Approval Mte Initials provision of new or physically Municipa[ Code: Chapter 3.12 altered govemmentai facilities, the construction a which could cause significant environmental impacts, in order to maintain acceptab€eservice ratim, response times or other performance objectives for police protection. Threshold 4.13-3. Result in General Plan Land Use fiU) Element Policies: LU 2.8, LU 3.2. No mitigation. substantial adverse ph sisal LU &IJ., LU 6.1.2, LU 62-5, W 4.1 Impacts associated with the General Plan Safety (s) Element Policies: 5 6.7 provision of new or physically Municipal Code: Chapter 19A48 altered governmental fac3€ides, the construction of which could cause sign4fisant environmental anpacas, in order to maintain acceptahla service ratios, response times or oiler performance objectives for schools. ThriNhold 4.134. Result in General Plan Land Use lLUY Element Policies: LU 2.8, LU 3.2, No mitigation. - - sUbstantia€adverse ptysiral LU S.A_l, LU 6,1.2, LU 6.2.5. LU 4.1 impacts associated with the General Plan Safety (5) Element Policies: 5 6.7 provision of new or phws ly Municipal Code: Chapter 3.1> altered governmental facilities, the construction of%yNch could cause Significant environmental impacts, In order to maintain acceptable service ratios, response times or other performance objecives for libraries - city of Newport Beach 23-117 City of Newport Beach Ceneral Plan Housing Implementation Program Mitigation Mtgnrtoring and Reporting Program City Gf Newport Beach General Plan Housing Implementation Program Mitigation Mon'rtaring and Reporting Program Responsih}ePartyfor Verification =6eneralPign'PoWes,laslCoasta1ProgmmCoastalLand . Use Plan (Local Coastal Program) Policies, Mitigation Measum. (ile MI]Conditions of Implementation, Implementation/ lrltpactih Regulatory Recitdrements Approval Timing Approval Date Initials 4.14. Recreation Threshold 4.34-1:Increase the General Plain Recreation (R) Element Policies: R 1.1, R 1.2, R 2.1, No mitigation - use ofexstingneighborhoad, R2,2 community and regional parks or Uanerat Plan Land Use (Lti) Element Policies. LU 6.5.2, LU 6.15.13, other recreational faclihies such El€ 635.16 that substantial physical Local Coastal Program PoRcies. 3.2.I-3, deterioration of the fatality would occur or be accelerated' Municipal Code: Chapter19.52 Threshold 444-2 Genera Plan Recreation (R) ElementPoiicies: R 1,:L R 1.2, R 2.1, No mitigation. Include reowtionalfacilitiesor R2.2 require thaconstructsonor C,enerti pIm Land Use (LU) Element Policies. LU 6.5.2 LU 6,39-13, expansion ofrecreational LU 6.15.16 facilities which might have an Local Coastal Program Policies: 3.211-3, 3.Z1-4, S.Z.23 adverse physical effect on the environment. Municipal Code: Chagter19.52 4,15. Transportation Threshold 4.1S-1- Conflict w th a Generd Plan Circulation (CE) Element PoScies: CE 11-3, CE 1.3.2, Ho mitigation- program,plan,ordinanceor CE2.12,CEZ.2.5,CE2a3,CE5.Z,5,CE5.17,CE5.2.11,CE5.4.1, policy addressingthe circulation CE5.4.6,C.f7.1.4,CE7.1.5,CE7,L7,CE81.1,CEg.1.9,CEi3AM, system, including zmmit, CF &2.14, CE 9.1 a, CE 9.3,10, CE 9.1.12 roadway, bicycle and pedestrian General Plain Land Use (LU)Element Policies. LU 6.15J 3, facilities. LU 6.15,19, LU 6.15.20 Local Coastal Program Policies: 2.9.1.Z 2.5.1-3, 2-9.1.10, 2.9.2-4, 7.9.3.1,19.3-2, 2.9.3-3, 2.93-5 2-93-5, Z.%3 7, Z.9.3-I(L 193-11, 2.9.3-14 Municipal Cade: Chapter 15.40, Chapter 20.44 Newport Beach City Cowell Policy Manual: Traffic Management Poky (L 26) Threshold 4AS-2 Conflict or be GsnerW Plan Circulation (CE) Element Policies. LE 7.1.1, CE 7A.2 MM TRAUS•1: Vehicle Mlles Traveled (VNrF). Prior to If found tole City of Newport Beach inconsistent with CEC1A Municipal Code, Chapter 20.44 issuance of a building permt, one or more of the applicable on a Community Guidelines Section M64.3, following measures shall be irriptemented to reduce VMT- project -specific basis Development subdivision (b)• related impacts associated with€afore projects that are for future housing on City of Newport Beach 22 23-118 City of Newport Beach Cieneral Plan housing impiemon^.ation Program Mitigation Mon taring and Reporting Program City of Newport Beach General Flan mousing implementation Program Mitigation Monitoring and Reporting Program CGeneral Ptan'Pbliaies, Loral coastal Program Coastal: Lana Responsible Party foIr Vertkkation Use Plan (Local Coastal Program) Policies, Mitigation Measures (Nlilfl}/tondltions of Implementation Impiementationl Impact Thresholds Regulatory Requirements. Approval Timing Apptovaf Date Irri'r.)als Newport Beach City Council Policy Manual; Traffic Management not able to be screened out of the VIVT analysis process the identified housing Department and Public Policy (L-26) such thaz the development's VMTis Mow the lowVMT sites in the Coastal Works Department thresholds recommended bythe Office of Planning and Zone, iasearch or adopted by the City of Newport Beach at the But mittal during the time of the development application; development review • Modify the projeces-bUtenvironment chwacterisaics process; Prior to to reduce VMT generated by a protect. issuance of the tint • Implement Transportation0emandManagement parmit. strategies pursuant to reduce VMT generated by a project. • Participate in a Fair Share Traffic Impact Fee programs or Vl ET mitigation banking program, if available. Examples of potent7al measures to reduce VMT include, but are not limited to, the following: • Improve or increase access totransit. • Increase access to common goods and services, such - as.grocales, schools, and daycare. Incorporate affordable housing intothe project • tirientthe project toward transit, bdcyrcle, and pedestrian facilities. Improvo pedestrian of bicycle networks, ortranslt service. Provide traffic calmlr;g. • Provide Frirycle parking. • Umit or elkr4nate parking supply. • vnbur4dieparking costs. • Implementor provide access to a commute reduction program. • Provide rar-sharing, bike sharirsg, and ride -sharing programs. • Provide transit passes. Threshold4aS 3. Increase General Plan Circulation ICE) Element CE 2.2.3. CE 2.2.7, No mitigation. hazards due to a geometric CE 2.2.8, CE SAL CE 5.4.2, CE S.LIO design feature je.F, sharp carves Municipal Code: Chapter 9.04 ordangerous intersections) or City of Newport Beach 23-119 City of Newport Beach General Plan Housing Implementation Program Witigafion Monitoring and Reporting Program City of Newport Beach General Plan Horsing Implementation Program Mitigation Monitoring and Reporting Program General Plan Plslkies, Focal Coastal Program Coastat Land ResponsiblePartylbir Vergica n Use Plan fiocaiCoastal Program) Policies, Mif ation Measures (M MI/Copditions oft Implementation Imptementatiom/ impactThresholris Regulatory Requirements Approval Timing Approval Date Initials incompatible uses (e.g. farm equipmeml Threshold 4AS-4: Result in General Plan C'uxuiatton (CE1 Element Policies: C E 2-2.7 No m€t ptian. - - inadequate emergency access. Murudpal Code: Chapter 9.44 4.U-Tribal Cultural Resources ThnaAdld 4.1.6-L: Cage a General Plan Hlstorkal Resources {1,19) Element Policies: HR 2.1, Sr CUL-1: in compliance with C ty Counclf Policy K-5, it found to be Project Applicant substantial adverse change in HR L2, HR 2.3, HR 2.4 prior to the issuance of a grading permit by the City of applicable an a the significance of a tribal General Plan Natural Resources (NR1 Element Pa6des NR 18.1 Newport Seach, the Applicant shall retain a qualified project -specific basis City v Newport Beach cultural teS4urCe, defined in NR 1$.3, NR 18.4 archaeologist to periodically monitorground-disturbing for future housing on Cammr+nisy Public Resources Code section activities onshe and prodide documentation of such the identified housing Development Director 21074 as either a site, feature, local Coastal Program Po6raes: 4.5-1, 4.S-2, 4.5-3, 4-5-4, 4.5-5 retention to the City of Newport Beach Community sibas. place, cultural landscape that i5 Municipal Code: Chapter 21-20.05 development Director. The archaeologist shall train Determination mare geographically defined in terms Newport Beach City entity Manuel: and Project construction workers on the types of dui development P otthesirearrdscopeafthe a (K-5tobgicai Rrehaeo€ogiealResoarceProtecCu�rtGuidelines{K-ar-}. ice PTO archaeaia ical resources that caWd be found in site soils. g review process, landscape sacred place, or The archaeologist shall perfadicatly monitor project Submittal of report as object with cultural value to a ground -disturbing activities. During constnutlon part of CEQA review Califomia Native American tribe, activities, 9 Native Amerfcan resources (i.a., Tribal and that is: a) listed or etlglbie Cultural Resources) are encountered, a Cultural Resource for listing In the California Monitoring artd Discovery Plan (CRMDP) shall be created Register of Historical Resources, and implemented to lay out the proposed personnel, or In a Moat register of hlstor€cal methods, and avoWancalrecoveryframework for tribal resources as defined in Public cultural resources monitoring and evaluation activities Resources Cade section within the project area- A consulting Native American 5020.2(k) or b) a resource tribe shall be retained and compensated as a determined by the lead agency, comsultantjmositor for the project site from the time Of in its discretion and supported discovery to the compfetion of ground disturbing by substantiai evidence, to be ac Mtlea to monitor grading and excavation activities. If significant pursuant to criteria archaeologicai resources are encountered, all set forth in suUlvisian Ic1 of construction work within 50 feet of the find shall cease, Public Resources Code section and the archaeokoi€st shall assess the fired far Importance 5024.L In applying the criteria and whether preservation in place witlxwt impacts is set forth In subdivision (c) of feasible. Construction activities may continue in other Public Resources Code section I areas. If, in consultation with the City and affected Native City of Newport Beach 23-120 City of Newport Beach General Pian Housing Implementation Program Mitigation monftorrng and Reporting Program Cay of Newport Beach General Flan Housing Implementation Program Mitigation Monitoring and Reporting Program General Plan €safeties, Via( Coastal Program Coastal Land Respo"ible Parr Verification Use Plan (Local Coastal Program) Policies, fM itigatan Measures liV MI/'Conditlons of f r4Aenfentation impfemematian/ impact Thresholds Regulatory Rer(turements Approval Timing Approval Date Initials 5024.1, the lead agency shall American tribe (as deemed necessary), the discovery is consider the significance of the determined to not be Important, work will be permitted resourcrto a Califorraa Native to continue In the area. Any resource that is not Native American tribe. American in origin and that cannot be preserved in place shall be curated at a pubar, nonprofit institution with a research interest in the materials, such as the South Certral Coastal Information Centerat California State University, fu€lertom SC CUL-2: California health and Safety Code Section if found to be City of Newport Beach 7050.5, CEQA Guidelines Section 15064 5, and Public applicable ona Community Resources Code Section 5097,98 mandate the process to project -specific balls Development Director be followed in the event of an accidental discovery of Wfu=,e housing on any human remakes in a location other than a dedicated the identified housing cemetery- California Health and Safety Code Section sites. 7050.5 requires that in the event that human remains Compliance with are discoveredwlthfn the project site, disturbance of the regulatory site shall be hafted until the coroner has conducted an retluiremenu daring investigation into the circumstances, mannerand cause ground disturbing afdeath, and the recommendations conowningthe actiwies. treatment and disposition of the human remains have been made to the person responsible for the excavation, or to his or her authorized representative, in the manner provided in Section 5097.9g of the Public Resources Cade. if the coroner determines that the remains are not subject to his or her authority and if the coroner recognizes or has reason to beHewe the human remains to be those of a Native American, he or she shall contact, by telephone within 24 hours, the Native American Heritage Commission. MMTCR-1: Unanticipated Eiiscavery ofTribal Cultural If found to be City of Newport Beach and Ardtaeolognral Resources. Upon discovery of arty applicable on a Community tribal, cultural, or archaeological resources during project -specific basis Development ground-disttir€ ing activities for future development for future housing on Department facilitated by the Project, the applicantshail immediately City of Newport Beach 25 23-121 City of Newport Beach General Plan Housing implementation Program Wiftigatian Monitoring and Reporting Program City Gf Newport Beach Gerserai Plan Housing Implementation Program MitigatlOn Monitoring and Reporting Program General Plan'Policles, Local Coastal Program Coastal Land Responsible Party for Verificatiou Use Plan (Local Coastal Program) Polities, Wli Igation Measures (iJ M)}Conrlitions of - Implementation impternettationj Impact Thfesbolds 4iegulau" Requirements. Approval Timing Approval Elate Initials cease such activities inthe immediate Vicinity. The find theidentifled housing will then be assessed by a qualified archeologist retained sites - by theapplicant and a tribal mani4prlCansulfsrnt Durft ground - approved bythe consulting tribe. The apyrcanrshall disturbingand promptly notffytheCity Planning Division tothe excavation activitles. discovery of resources. Fithe resources are Native American in origin, theconsuIling tribe shall caardimte unth the landowner regarding treatment and,curatlon of these resources. Typically, the tribe will request preservation in place or recovery for educational purposes. At thedirection of the qualffled archaeologist And vibal maratsrrl consultant, and In coorOnation w th the Planning Division, work may continue an other parts of the affacted site while evaluation and, if necessary, additionat protecdive measures are completed atthe affected portion of the site pursuant to State CEQA Guidelines Sec tan 150645(f). If a resource is determined bythequalifled archaeologisttoConstitute a 1,,istor¢al resource" or "unique archaealogicat resource," time and fundingto allasv for su€f`CCEent implementation of avoidance measures must be made available. The treatment plan established for the resources shall be in accordance with State CEQA Gutdelines Section 'r 50&4.Sfo for htst xr cal resources. Preservation in place (Le., avoidance) is the preferred manner of treatment upon identification of unique archeological resources [PRC§2I083.2(b)). If preservation in place is not ffeas'ble, treatment may include implementation o€arcltaeological data recovery excavations to remove the resource along WM subsequent €aboratm processfng and analysis, All tribal cultural resources shall be returned to the consulting tribe. Any historic archaeological material rhat is not Native American in origin shall be cureted at a public, non- profit Instituticn With a rmearcb interest in the City of ivewport beach 23-122 Cityof Newport SeOO General Plan Housing Implementation Program Mitigation mon€toift and Reporting Program City of Newport Beach General Plan Housing Implementation Program Mitigation Monitoring and Reporting Program General Plan'Paiicies Local Coastal Program Coastal Land Responsible Party fur Vertficatio€r Use Plan (Local Coastal Program) Porkies; Miitlgatian Measures {MMj j'Candtttons of lrtrpfernentation implementation) fmpactThreshdids Regulatory Requirements. Approval Timing- Approval gate lnidats materials. Acceptance and curation of the historic ardwalogica€ materials will be at the discretion of the institution. if m innitutico accepts the archaeological materiet, they shall be offered to the consulting tribe or the responsible pabk or primate instju lion with suitable repository for educatfonat purposes. MM TCR2t ifeYdeme of an archaeological site or other I€found to be City of Newport Beach suspected historical resource asdefaretlbyCEQA apprrcableona community Guidelines 5action15064.5,including darkened soil project-sperifiicbasis Development repre,wnting past human activity ("midden"),thatcouid forfuturehoushVon Department conceal rmaxeriai remains (er_ worked stone, fired clay the identified housing vessels, faamal bone, hearths, storage pits, orbur€als) are sites. discovered during any project -related earth -disturbing During ground - activities (indudingprojects that would notencou:rter disturbingand unddsturf.<ed soils}, all earth -disturbing activity within IDO excavation activities. feet of thefind &haft be halted and the Community Development Department shaft be notified. The projecr- levek applicant shad retain an archaeologist who meets the U.S. Secretary of the interiors Professional Qualilications Standards far Archaeology to assess the sdgniflance of tine tind. impacts to any significant resources shall be mitigated to a less than sigrricant level through data recovery or other awthods determined adequate by the archaeologist and that are consistent witf: the U.5.Secretary of the Interior's Standards forArchae Ovkal Documentation. Arty identified cultural resources shall be recorded on the appropriate DPR 523 farm and filed with the appropriate information Center. 4.17. tltilittes I'hreshofd 4.17-2. Require or General Plan Natural Resources (NR) Element Polltiesr NR L2 No mitigation. result in the relocation of NluaicipaiCode: Chapter 212fl.1®5 construction of new or City of Newport Beach 27 23-123 City of Newport Beach Genera) Flan Housing Implementation Program fAtigatlon Monitoring and Reporting Program City of Newport Beach General Plan }lousing Implementation Program Mitigation Monkortng and Reporting Program General Plan Policies Local Coastal Program CoastaE'Land ' Responsible Party for Verification Use Am (Loom Coastal program) Policies, Mitigation Afta_ stares (MUlIConditions of implementation implementation/ Impact Thresholds Regulatory Requirements Approval Timing Approval pate Initials expanded water fad€itzes, the construction of which could cause sgrrificantenvironmental effects. lbre5hafd4.17 2: Have General Plan Natural Resources (Nit) Element Policies NR LI, NR There are noteasihie mitigation measures to redute this sufficient water supplies 1.2 impact to a less than significant fevel. available tc serve the project Gen" Plan Land Use (LU) Element policies: LU 2.8, LU 32 and reasonably foreseeable future development during Municipal Cade: Chapter 14.16, Chapter 14.17 normai, dry and multiple dry Years Threshold 4.17-3: Require or General Plan Natural Resources (NR) Element Pol€cies. NR LI, NR No mitigation, result in the reletaticn cr 1.2, LU M, NR 3.4, NR 3 11- NR 115 construction of new ar General Plan land Use (LUp Element Policies: W 7-8, LU 32, LU expanded wastewater 6.4.10 treatment facilities, the construction of which could Municipal Code: Chapter 14.35 cause slgnifacanterrvironmental effects. Threshold 4,17-4. Result in a General Plan Natural Resources fNR) Element Policies: NR III, No mitigation. determination bythe NR3.15 wastewater treatment provider General Plana Land Use {LU) Element Policies: W 2.8 which serves or may serve the project that it has adequate Mnlcipal Code: Chapter 14.36 capacity to serve the projects projected demand in addition to the provider's existing commitments Threshold 4.17-5: Require or General fnan Natural Resources (Nit) Element Policies: NR 1.1, NR SC UTIL-I: The project shall be required tocompiy with Submittal during the City of Newport Beach result in the relocation or 1.2NR 3.4, NR 3.1L NR 3.15 the City of Newport Beady Municipal Code Chapter 14.16 deveioprnent review Community construction of new or General Plan Land Use (LU) E€ementP911crer. LU 2.8, LU 3.2, LU related W water conservation andsupply level regulations in effect during the constntction and process; Prior to issuance of the first Developtnent Department expanded storm water drWnage facilities, the construction of 6,4,10 operation of tM project, and Munnicipal Code Chapter permit and first Municipal Code: Chapter 19.28.080, Chapter 21.35 1417 with respect to water-effiderst landscaping. City of Newport Beach 28 23-124 City of Newport Beach General Tian Housing Implementation Program Mitigation Monitoring and Reporting Program City of Newport Beach General Plan hots ing Implenwritation Program Mitigation fAcmitoritrg and Reporting Program General Plan PolicieS, LOCO CaagtEd Program CA33stw La" RespottsiblePatty for Vertficatios Use Plan (Local Coastal Program) Policies, Wagation Measures {PIIM)/Conditions of huptementation Unpiementaxion/ IrripactThresholds Regulatory Requirements Approval Timing Approval Rate lniEials which could cause slgnifimn€ Certificateof environmental effects occupancy. SC UTIL,2r The project shah be required to comply with Submittal during the City of Newport Beach Section 19.2&064 (Storm Ata€ns) o; the City S Municipal devaioPment review Community Cade which requires developers to design and construct process; Prior to Devetopment al drainagefaa€ltles necessary forthe removal of surface issuance of the first Department water from the site (e.g., open{closed channels, catch perrstir and first basins, manhokn, junction structures}, and to protect Cert€ficateof off -site propertiesfromaproject'swaterrunoff. The Occupancy. Evidence storm drain system must be designed in accordance with of payment of fees. the standards of the Grange County Flood Division. A drainage fee is also charged to fund improvements to the C€ty's drainage facilities. Sc uw-3: The App€leant shall prepare and obtain Submittal during the City of Newport Beach approval of a Construction and llematition :Ease development review Community Management Plan ICOWMD)for the pro)ect.The CWMP process; Prior to Development shall list the types and weights or volumes of solid waste issuance of the first Department materials expected to be generated from construction. permit and first The MWMP shall include optlonste divert from landfill Certificate of disposal,nonha-ardousmaterials forreuse orrecydng Occupancy. Evidence by a minimum of 55 percent of total weight or volume. of payment of fees. Threshold 4.17-6. Require or General Plan Land Use JLU) Element Policies:LU 2.8, LU 3.2, No mitigation. mLdt in the relocation or LU &4.10 construction of new or Municipar code: Chapter 20.49, Chapter 2IA9 expanded electric power, natural gas, or telecommunication facilities, the construction of which could cause significant environmental effects. Threshold 4.17-7: Generate General Plan Land Use (LU) Element Pclldes: LU 2A Nn mitigation, solid waste in excess of State Municipal Code: Chapter 1.2.63.030, Chapter 24.30.12E} and local standards, or in excess of the capacity of local City of Newport Beach 23-125 [sty of Newport Beach General Plan Housing implementation Program Mitigation Monitoring and Reporting Program City of Newport Beach General Plats Housing Implementadon Program € ligation Monitoring and Reporting Prograrn Ge€ strat Plarn`Poticies, Loral C*aAdProgram CoWtfl Eand Respansible Partyriar iferlficathm Use Plan 1Loca1 Coastal Program) naiades, Mgatium Measures IMM)jConditions of frnplementation implementatim/ Impact Thresholds. RegttiatnryRequirements Approval Timing Approval Bate Initials lnfrasu-=t sre, or otherwise impair the attainment o€solid waste reduction goals. Threshold 4-27-3. Comply With General Plan Land Use (LU) Element Polices_ Ltd 2.8 ika mitigation. - - federal, State, and local Municipal Code. Chapter 12.63.030, Chapter 2030.120 management and reduction statutes and regulations related to solid waste. 4,18. Wildfire Threshold4.1&A, It located in Generaf Plan Safety (S) Element Palitles: S 7-6 MM W-1: Prior to issuance of a grading permit for sites If found to he City of Newport Beach or near State Responsibility Local Coastal Program Policies; 3.$.E-2 2.8.1.3, 2.&.S-3, 2.&B-4, within or adjacentto a Very High Fire Hazard Safety Zone applicalAe on a Community Are= (SRAS) or lands classified 2.8.8-5 (VHFHSZ), the project a*icant shall prepare a Fire project -specific basis Development as Very High Fire Hazard Protection Plan (FPP). Prior to preparation of an FPP, the forfutw-e housing on Department and Fire Severity Zones (VHFHSZ}, would Municipal Code-. Chapter 2.20.0SO, Chapter 9.04, Chapter 15.04, protect applicant bad coordinate with City of tlewport the identified housing Department the Project substantially Impair Beach Fire Department to ensure that modeling of the sites. an adopted emergency response FPP and design of the Project is appropriate to meet the Submittal during the plan or emergency evacuation requ€rementsand standards of the City. The FPP shall be development review plan, sublact to the review and approval from the Fire process• prior to Department. The FPP shall assess the Projeces issuance of first permit compliance with current regulatory codes and ensure and Certificate of that imparts resulting wild end fire hazards have occupancy. been adequately mitigated. The FPP shall also specifically identify the need for fire protection systems, water avallabikty for structural firefighting, construction requirements, fire department access, lecationsand spacing of fire hydrants, fire -smart landscaping, and appropriate defensible space around structures (Fuel Modificat€an Zones). Threshold 4.18 2 General Plan Safety (S) Element Policies., S 6.2, 5 6 3. 5 SA, 5 6.5 MM W-1 If found to be City of Newport Beach If located in or near State Local Coastal Program Poles. 2.g.1-11, 22S-3. 2' applicable on a project -specific basis Community Development Responsibility Ar¢as(SRAs)or lands classified as Very high Are 2.8.8�,2.8.$-6 for ruiure housing on DepaRme rt and Fire Hazard Severity Zones (VHFH5Zj, Munk-Wal Code: Chapter 2.ZO.050, Chapter 4.04, Chapter 15.04, Department City of Newport Beach 23-126 city of Newport Beach General Plan Housing implementation Program M'iti—*nMonitoring and RepairingProgram City of Newport Beach General plan, Housing Implernentation Program Mitigation Monitoring and Reporting Program Gen" Plan Poiides, l ocalcowtal Program Coastal Land Responsible party for Ver'riication Use Plan (Local Coastal Program) Poiicles, Mitigai lon Measures (Mli I/Conditions-of Implementation Implementation/ impactThresbolds Regulatory Regrtirements. Approval Timing APprovai irate Initials would the Project, due to slope, the identified housing prevaiRng winds, and other sites. #actors, exacerbate wildfire risk¢, Subrrettat during the and tberebyexpose project development review occupants to pollutant process; priorto concentrations from a wildfirear issuance of fast permtt the u%ontrot€ed spread of a and certificate of wildfire. Occupancy. Threshold 4.18-3 General Plan Safety (S) Soment Policies: S 6.2, 5 6.3 No mitigation. if located in or near State Local Coastal Program Policies: Responsibility Areas (SRAs) or lands classified as Very High Fire Hazard Severity Zones NHFHSZ1, would the Project require the installation or maintenance of associated infrastructure (such as roads, fuel breaks, emergency water sources, power lines or other utilities) that may exacerbate fire risk or that rnay residt in temporary or ongoing Impacts to the environment. Threshold A.18-d General Plan Safety (5) l9ernertt Palicies: S 6.2 No mitigation. - 1 IouYted in or near5tate General Plan Land Use (LU) Element Policies: LU 5;6A Responsibility Areas (SRAs) or lands classified as Very High Fire Local Coastal Progmm Policies: 2.8.8-3. 2.3.8-4 Hazard Severity Zones (VHFHSZ), Municipal Code: € spter 2.20.050, Chapter $.04, Chapter 1S.a4 would the Project expose people or structures, to significant risks, including dQwnslope or downstream flooding or landslides, as a msuitof runoff, post -fire slope tnstabll'Irv, or drainage changes. City of Newport aeach 31 23-127 Caty of Newport Beach General Plan Housing irnplannentation program WrtFgation tl m toring and Reporting Program City of Newport Beach General Plan Housing Implementation Program MMgatian Monitoring and Reporting Program General Pion Puscies. Eocat coastal Program cbastai Eamf Responsible Party for 'Verification Use Plan (Local Coastal Program) Policies, Mitigation Meawres (MM)fConditions Of kmpim"ritation implementation/ ImpactMeshnids RegulatotyRequirements Approval iinvng Approval Date Initials Hates: x Acdon 5Cs iS referenced from the City of €>Eewport Beach tiw+sing Element. Acronyms: The :onmvjng acrenymsrienote what element from the City cf Newport Heach Genera[ titan policies are referenced €ron. F.IE - Land Use Element Nat=Historical Resaurees CE = Orculation Element R= Fieveation E@ment NR = NMral ResDLwce Eldmern - S= Safety £cement N =Noise Element uty of Newport Beach 32 23-128 Attachment B Resolution No. 2024-51 Amending the General Plan Land Use Element 23-129 RESOLUTION NO. 2024- 51 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, AMENDING THE GENERAL PLAN LAND USE ELEMENT TO IMPLEMENT THE GENERAL PLAN HOUSING ELEMENT IMPLEMENTATION PROGRAM (PA2022-0245) 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, California Government Code Section 65580 et seq. ("State Housing Element Law") requires each city and county adopt a housing element that identifies and analyzes existing and projected housing needs within their jurisdiction and prepare goals, policies, and programs, and quantified objectives to further the development, improvement, and preservation of housing; WHEREAS, the City's General Plan Land Use Element is a mandatory element that governs the ultimate pattern of development and requires updating as necessary for consistency with other General Plan elements; WHEREAS, every eight years, State Housing Element Law requires the City to update its General Plan Housing Element to identify and analyze existing and projected housing needs for the City along with a housing plan that provides adequate land use capacity to meet those needs; WHEREAS, the City was assigned a Regional Housing Needs Assessment ("RHNA") allocation of 4,845 new units as its projected housing need forthe planning period covering 2021-2029 and, as a result, the City worked diligently to prepare its 6th Cycle Housing Element in compliance with state law; WHEREAS, preparation of the 6th Cycle Housing Element involved extensive public participation with community groups at numerous workshops, as well as meetings with the Planning Commission and City Council, and was assisted by an ad -hoc committee called the Housing Element Update Advisory Committee ("HEUAC") formed and appointed by the City Council; 23-130 Resolution No. 2024- Page 2 of 6 WHEREAS, after several meetings with the State Department of Housing and Community Development ("HCD") and numerous drafts, the City Council adopted the final 6th Cycle Housing Element on September 13, 2022; WHEREAS, HCD certified the City's 6th Cycle Housing Element on October 5, 2022, as statutorily compliant with state law; WHEREAS, Section 4 (Housing Plan) of the 6th Cycle Housing Element presents a framework and strategy for meeting the needs of existing and future resident populations in Newport Beach based on the RHNA allocation of 4,845 new housing units, the 'fair share" of regional housing need and demand, by planning for units within the following site groupings or "focus areas" that are best suited for residential growth: Airport Area Environs, West Newport Mesa, Newport Center, Dove r/Westcl iff, and Coyote Canyon; WHEREAS, the 61 Cycle Housing Element opportunity sites are to be rezoned per Housing Element Policy Actions 1 A through 1 F to accommodate the City's RHNA obligation, including a buffer necessary to address future "no net loss" of available sites and to preclude the need to identify replacement sites during implementation; WHEREAS, the rezoning includes the establishment of overlay zoning districts and accompanying development standards, as well as corresponding amendments to the General Plan Land Use Element and the Local Coastal Program; WHEREAS, to comply with state law, the City has been working diligently to implement the 6th Cycle Housing Element no later than February 2025 ("6th Cycle Housing Element Implementation"), which requires the following amendments and actions: • General Plan Amendment ("GPA") - To revise the necessary goals and/or policies within the City's Land Use Element to support housing production in the focus areas identified by the 6th Cycle Housing Element; • Amendment to Title 20 (Planning and Zoning) ("ZCA") - To implement the Land Use Element's policy changes by allowing housing development as an opportunity and establishing appropriate objective design and development standards for multi -unit residential and mixed -use development projects; 23-131 Resolution No. 2024- Page 3 of 6 • Local Coastal Program Amendment ("LCPA") - To revise and create new policies within the City's Coastal Land Use Plan and update Title 21 (Local Coastal Program Implementation Plan) of the Newport Beach Municipal Code ("NBMC") to support housing production in the focus areas identified by the 6th Cycle Housing Element that are within the Coastal Zone; and • Program Environmental Impact Report ("PEIR") (SCH No. 2023060699) - To analyze potential environmental impacts under the California Environmental Quality Act ("CEQA") related to the 6"1 Cycle Housing Element Implementation, a Draft Housing Element Implementation Program Amendments Program Environmental Impact Report ("Draft PEIR"), to address reasonably foreseeable environmental impacts resulting from the 6th Cycle Housing Element Implementation; WHEREAS, the 6th Cycle Housing Element Implementation must take effect by February 2025 to avoid significant penalties and loss of local control dictated by state law, which may include, but are not limited to: • Increased exposure to public and private litigation; • Loss of permitting authority; • Financial penalties including monthly fines of up to $600,000; • Loss of eligibility for state and regional funding sources; • Court receivership; • Allowing housing developers to bypass the City's zoning requirements; and • Increased exposure to monitoring by the newly formed Housing Accountability Unit of HCD; WHEREAS, City staff worked closely with the community through the City Council -appointed General Plan Advisory Committee ("GPAC") and General Plan Update Steering Committee ("GPUSC") from March 2023 to August 2023 to draft Land Use Element goals and policies that support 6th Cycle Housing Element Implementation; WHEREAS, the draft GPA that was supported by the GPAC and the GPUSC was posted online on August 30, 2023, with additional public comments and participation at the Planning Commission Study Session on September 21, 2023, and City Council Study Session on February 13, 2024; WHEREAS, the draft GPA was revised and reposted online on January 16, 2024, and March 28, 2024, based on the public's input; 23-132 Resolution No. 2024- Page 4 of 6 WHEREAS, a public hearing was held by the Planning Commission on April 18, 2024, in the Council Chambers at 100 Civic Center Drive, Newport Beach, California to consider the actions and amendments required for the 6th Cycle Housing Element Implementation. A notice of time, place, and purpose of the hearing was given in accordance with Government Code Section 54950 et seq. ("Ralph M. Brown Act"), Chapter 20.62 (Public Hearings) and Chapter 21.62 (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 conclusion of the public hearing, the Planning Commission adopted Resolution No. PC2024-006 by a unanimous vote (5 ayes, 2 recusals) recommending the City Council certify the Housing Element Implementation Program Amendments Draft PEIR and approve the 6th Cycle Housing Element Implementation; WHEREAS, California Public Utilities Code ("CPUC") Section 21676(b) requires the City to refer the 6th Cycle Housing Element Implementation to the Orange County Airport Land Use Commission ("ALUC") to review for consistency with the 2008 John Wayne Airport Environs Land Use Plan ("AELUP"); WHEREAS, on May 16, 2024, the ALUC determined the 6th Cycle Housing Element Implementation is inconsistent with the AELUP; WHEREAS, pursuant to Sections 21670 and 21676 of the CPUC, the City Council held a duly noticed public hearing on May 28, 2024, and adopted Resolution No. 2024- 32 (7 ayes, 0 nays), to notify the ALUC and State Department of Transportation Aeronautics Program of the City's intent to override ALUC's inconsistency finding and on May 29, 2024, the City issued the Notice of Intent to Override ALUC's determination and received two comments in response; and 23-133 Resolution No. 2024- Page 5 of 6 WHEREAS, a public hearing was held on July 23, 2024, by the City Council in the Council Chambers located at 100 Civic Center Drive, Newport Beach, California to consider the 6th Cycle Housing Element Implementation, including consideration of certifying the PEIR, adoption of CEQA Findings, Mitigation Monitoring and Reporting Program and a Statement of Overriding Considerations. A notice of time, place, and purpose of the hearing was given in accordance with CPUC Section 21676(b), the Ralph M. Brown Act, Chapter 20.62 (Public Hearings), Chapter 20.66 (Amendments), and Chapter 21.62 (Public Hearings) of the NBMC, and City Council Policy K-1 (General Plan and Local Coastal Program) and City Council Policy K-3 (Implementation procedures for the California Environmental Quality 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 does hereby make the findings attached hereto as Exhibit "A," and incorporated herein by reference, and approves the GPA, which is also attached hereto as Exhibit "B," and incorporated herein by reference. Section 2: The Housing Element Implementation Program Amendments Final PEIR (SCH No. 2023060699) was prepared for the 6t" Cycle Housing Element Implementation (also referred to as the "Project") in compliance with the California Environmental Quality Act ("CEQA") as set forth in the Public Resources Code Section 21000 et seq., Title 14, Division 6, Chapter 3 of the California Code of Regulations ("CEQA Guidelines"), and City Council Policy K-3 (Implementation Procedures for the California Environmental Quality Act). On July 23, 2024, the City Council adopted Resolution No. 2024- , to certify the PEIR as complete and adequate, inclusive of all required findings, a statement of overriding considerations, and a mitigation monitoring reporting program. The City Council hereby finds that the action to adopt this Resolution approving the GPA was considered within the PEIR. Resolution No. 2024- is hereby incorporated by reference. Section 3: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution. 23-134 Resolution No. 2024- Page 6 of 6 Section 4: If any section, subsection, sentence, clause or phrase of this resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this resolution. The City Council hereby declares that it would have passed this resolution, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. Section 5: This resolution shall take effect upon approval of the Land Use Element Amendment by a majority (50%+1) of the electorate voting on it at the General Municipal Election on November 5, 2024, and the City Clerk's certification of the vote. ADOPTED this 23rd day of July, 2024. Will O'Neill Mayor ATTEST: Leilani I. Brown City Clerk APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE �i C, �— ar n C. Harp City Attorney Attachments: Exhibit "A" — Findings for Approval Exhibit "B" — General Plan Land Use Element Amendment 23-135 Exhibit "A" Findings for Approval General Finding: An amendment to the City's General Plan Land Use Element is a legislative act. Neither Title 20 (Planning and Zoning) of the NBMC nor California Government Code Section 65000 et seq., set forth any required findings for approval of such amendments. Notwithstanding the foregoing, the following amendments to the General Plan Land Use Element will create internal consistency with the certified 6th Cycle Housing Element: Facts in Support of Finding: According to General Plan Implementation Program 1.2, revisions and updates of the General Plan must be made in accordance with the Vision Statement. While it is being reviewed as part of the comprehensive General Plan update, as presently written, it is the City's intention to be a residential community, balanced with supporting nonresidential uses, job opportunities, and visitor and recreational services and amenities. Furthermore, the Vision Statement calls for "a range of housing opportunities that allows people to live and work in the City." 2. Implementation Program 1.2 further states that amendments to accommodate the City's "fair share" of regional housing demand will be considered in context of these visions and the goals stipulated by the General Plan. Adoption of the proposed Amendment will support the 6th Cycle Housing Element adopted in the context of the visions and goals stipulated by the General Plan. 3. The proposed GPA, attached to this resolution and incorporated herein, is in full compliance with the Section 4 of the 6th Cycle Housing Element as presented below: 6th Cycle Housing Element Amendments in Support of Housing Implementation Measures Element's Implementation Measures Housing Goal #1. Provision of adequate Revised Policies LU 1.1 through LU 1.5 sites to accommodate projected housing emphasize the goal of balancing the needs of unit growth needs within the following residents, business and visitors through the identified housing opportunity sites: recognition that Newport Beach is primarily a residential community. The polices underscore • Airport Area Environs the need to preserve and enhance residential • West Newport Mesa neighborhoods. The identified sites direct new • Newport Center housing opportunities outside of established • Dover/Westcliff residential neighborhoods. The amended • Banning Ranch Policies ensure the continued recognition that • Coyote Canyon Newport Beach is primarily a residential community. 23-136 6"' Cycle Housing Element Amendments in Support of Housing Implementation Measures Element's Implementation Measures Housing Goal #2. Quality residential development and preservation, conservation and appropriate redevelopment of housing stock. Housing Goal #3. A variety of housing types, designs, and opportunities for all social and economic segments. Housing Goal #4. Housing opportunities for as many renter- and owner -occupied households as possible in response to the market demand and RHNA obligations for housing in the City. Revised Policies LU 2.2 and LU 2.5 call for supporting the development of uses that allow the City to be a complete community and indicate that harbor and waterfront Uses contribute to the charm and character of the City and provide needed support for residents. Revised Policy 3.3 (Transition of Land Uses) calls for supporting residential opportunities in West Newport Mesa; residential infill development along Balboa Boulevard corridor and facilitating workforce housing in proximity to jobs, transportation and services in West Newport Mesa and the Airport Area; and providing for housing opportunities that complement nonresidential uses in the Coyote Canyon Landfill site. Revised Goal LU 4 Manage growth and change to: • Support the livability of existing neighborhoods. • Support residential opportunities that accommodate the City's share of the Regional Housing Needs Assessment. • Promote new uses that are complimentary to already existing neighborhoods and uses. • Achieve distinct and economically vital business and employment districts. • Correlate with supporting infrastructure and public services. • Sustain Newport Beach's natural setting. The above goal supports Housing Goal #1 as it accommodates City's share of RHNA. Revised Policy LU4.1 (Land Use Diagram) clarifies that density limits exclude increases allowed through the application of density bonus laws as stipulated also by State law. New Policies 4.4 (Rezoning to Accommodate Housing Opportunities); 4.5 (Residential Uses and Residential Densities); 4.6 (Continuation of 23-137 6tn Cycle Housing Element Amendments in Support of Housing Implementation Measures Element's Implementation Measures Existing Development); and 4.7 (Redevelopment and Transfer of Development Rights) all support 61h Cycle Housing Element Implementation Measures. These policies stipulate that residential opportunities are to be established as overlay zones which allow for existing uses to continue. Opportunities for by -right development, when at least 20 percent or more of units are affordable to lower -income households, ensures housing opportunities for all social and economic segments and ensures streamlined project review. Revised Policy LU 5.1.3 (Neighborhood Identification) calls for the establishment of objective design and development standards which ensures Implementation Goals 1 and 2 which stipulate quality design and variety of housing designs. Revised Policy LU 6.2.4 (Accessory Dwelling Units (ADU)) supports and promotes the development of accessory dwelling units and junior accessory dwellings. This policy fulfills Implementation Goal #1 that calls for the City to aggressively support and accommodate the construction of at least 240 ADUs. Revised Policies LU 6.4.2 (Residential); LU 6.6.2 (Residential Types (West Newport Mesa); LU 6.15.4 (Priority Uses (Airport Area — Mixed -Use Districts [Subarea C, "MU-1-12" designation]); LU 6.15.28 (Priority Uses (Airport Area — Commercial Nodes ]"CG" designation Sub -Area C-part]) and LU 6.15.29 (Priority Uses (Airport Area — Commercial Office District ["CO-G" designation Sub -Area C—part]) support housing development or redevelopment within the opportunity sites identified in the Housing Element. 23-138 Charter Section 423 Analysis Finding: Unless precluded by state or federal law, Section 423 of the Charter of the City of Newport Beach ("Charter Section 423") requires voter approval for any major amendment to the City's General Plan. A "major amendment" is one that significantly increases allowed intensity by 40,000 square feet of nonresidential 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 10 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. Facts in Support of Finding: If it is determined a Section 423 vote is required, the proposed amendment will not take effect unless approved by a majority of the electorate voting on it. 2. Should the City not implement the 6t" Cycle Housing Element by February 2025, the City may be considered non -compliant with State Housing Laws and developers of affordable housing projects will be entitled to have their residential projects approved as a "builder's remedy" in accordance with Senate Bill 35 effectively ignoring height limits, density limits and other regulations designed to ensure development is consistent with the City's Vision Statement of the General Plan. Tribal Consultation (SB18) Finding: Pursuant to California Government Code Section 65352.3 ("SB18"), a local government is required to contact the appropriate tribes identified by the Native American Heritage Commission ("NAHC") each time it considers a proposal to adopt or amend the General Plan. If requested by any tribe, the local government must consult for the purpose of preserving or mitigating impacts to cultural resources. 23-139 Facts in Support of Finding: Pursuant to SB18, the City requested a Sacred Lands File ("SLF") search on the Project locations from the NAHC on March 5, 2023. On March 22, 2023, the NAHC responded that the findings of the search were positive and identified 19 Native American tribal representatives to contact for further information on potential tribal resources. To comply with both the requirements of SB18 and Assembly Bill 52, the City mailed and emailed notices regarding the proposed project to all of the listed tribes. The City received a response from only one representative of the Gabrieleno Band of Mission Indians — Kizh Nation expressing no concerns on the project given its programmatic nature, but also expressing a desire to be consulted on future individual projects. Fiscal Impact Analysis Finding: Pursuant to General Plan Implementation Program 12.1, a fiscal impact analysis is required to be prepared for the Project. This analysis must use the City's fiscal impact model and should calculate public service impacts for specific land uses that support the residential population, the employment base, the visitor population in Newport Beach, 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 fiscal impact model is designed to calculate the average cost of public services required by new development, on the assumption that new development affects the City services in approximately the same way that existing development does. Facts in Support of Finding: A fiscal impact analysis was prepared for the Housing Element Implementation Program Amendments by Keyser Marston Associates ("KMA") dated July 9, 2024 ("Fiscal Impact Analysis"). As there are no specific projects proposed and the dwelling unit capacity added through implementation does not contemplate any replacement of existing uses, KMA's evaluation is highly conservative and theoretical. In summary, KMA found the following: Rents, sales prices and assessed values in the City are all very high, benefiting General Fund revenues. Total buildout of all the potential residential would have a net negative impact on the City's General Fund; however, this may be mitigated if projects continue to be developed at higher price points. The replacement of land uses that generate minimal public revenues can offset the negative impact of the residential. For example, the recently approved 1400 Bristol Street project demonstrates that office development can have a net negative impact on the General Fund and higher 23-140 rents/values can significantly reduce the residential impact to the General Fund. Cities will often adopt a development fee program, negotiate development agreements, and pursue other methods to mitigate the fiscal impact of residential development. KMA understands the City is currently preparing a development fee program, which could potentially offset some of the projected impacts. 23-141 EXHIBIT "B" General Plan Land Use Amendment General Plan Land Use Element Policy LU 1.1 is amended as follows: LU 1.1 Unique Environment Maintain and enhance the different villages, neighborhoods, business districts, and harbor that define Newport Beach through neighborhood preservation. Locate and design development in a way that to reflects Newport Beach's topography and, architectural diversity while emphasizing the City's coastal orientation, including public views. (Imp 1.1) General Plan Land Use Element Policy LU 1.2 is amended as follows: LU 1.2 Citywide Identity Recognize and support the qualities that uniquely define Newport Beach's neighborhoods and districts that promote a Citywide identity unique to the Southern California region. (Imp 1.1) General Plan Land Use Element Policy LU 1.2 is amended as follows: LU 1.5 Economic Health Support the local economy through the identification and development of housing opportunities, as well as adequate commercial, office, medical, industrial, and marine -oriented uses that provide employment and local revenue opportunities to support high -quality community services for residents, businesses, and visitors. (Imp 1.1, 24.1) General Plan Land Use Element Policy LU 2.2 is amended as follows: LU 2.2 Sustainable and Complete Community Emphasize and support the development of uses that enable Newport Beach to be a complete community that maintains the ability to provide locally accessible opportunities for retail, goods and services, and employment. (Imp 1.1, 24.1) General Plan Land Use Element Policy LU 2.5 is amended as follows: LU 2.5 Harbor and Waterfront Uses Preserve the uses of the Harbor and the waterfront that contribute to the charm and character of Newport Beach and provide needed support for residents, boaters, and visitors, with appropriate regulations necessary to protect the interests of all users as well as adjoining residents. (Imp 1.1, 2.5, 5.1, 21.4, 24.1) 23-142 General Plan Land Use Element Policy LU 3.3 is amended as follows: LU 3.3 Opportunities for Change Support opportunities for new development and improved physical environments for residents, businesses, and visitors in the following districts and corridors, as specified in Polices 6.3.1 through 6.22.7: West Newport: support consolidation of retail and visitor -serving commercial uses, and new residential opportunities Santa Ana Heights: support continued implementation of the adopted Specific Plan and Redevelopment Plan Fashion Island/Newport Center: support balanced expansion and enhancement of retail uses, hotel rooms, and offices, and development of residential in proximity to jobs and services Balboa Peninsula: support patterns of use that consolidate the Peninsula's visitor -serving and mixed uses within the core commercial districts; encourage marine -related uses especiallyalong the bayfront; integrate residential with retail and visitor -serving uses in Lido Village, McFadden Square, Balboa Village, and along portions of the Harbor frontage; re -use interior parcels in Cannery Village for residential and limited mixed -use and live/work buildings; and redevelop underperforming properties outside of the core commercial districts along the Balboa Boulevard corridor for residential. Infill development shall be designed and sited to preserve the historical and architectural fabric of these districts Mariners' Mile: support revitalization of existing properties for retail, visitor -serving, and marine - related uses, integrated with residential Corona del Mar: support enhancement of public improvements and parking (Imp 1.1, 2.1, 5.1) Study and consider the adoption of specific plans or other appropriate land use guidance for the following areas: West Newport Mesa: This area is generallybounded bythe Cityof Costa Mesa to the north, Banning Ranch to the west, State Route 55 to the east, and Hospital Road to the south. The area may be expanded if warranted. The intent is to support a cohesive strategy that enhances existing land use or repurpose underperforming commercial and industrial uses or activities while facilitating new and varied housing, including workforce housing proximate to jobs, transportation, and services. Future land uses are intended to be appropriately located and sized to accommodate local community needs. Airport Area: This area is generally bound by Jamboree Road to the east, Campus Drive to the north and west, and State Route 73 to the south. This area may be expanded subject to LU 4.4. This area must support flexible land use planning for the reuse and repurposing of existing nonresidential uses while allowing for a variety of housing opportunities inclusive of workforce housing proximate to jobs, transportation, supporting commercial, and services. The intent is to support and provide neighborhood parks or other recreational opportunities, and other public services. Development in this area should contribute to a cohesive urban, mixed -use character where residents and visitors can live, work, shop, access services, and play. Coyote Canyon Landfill: This approximately 375-acre open space area is generally bound by Newport Coast Drive to the east, State Route 73 to the north, and the Newport Ridge Planned Community to the west and south. The intent for this area is to support a comprehensive vision that 23-143 balances future land uses with environmental stewardship and public access. Future development should adapt the closed landfill as an area that supports a variety of outdoor recreational uses such as golf, hiking, and nature interpretation alongside housing opportunities with complementary nonresidential uses. General Plan Land Use Element Goal LU 4 is amended as follows: LU 4 Management of growth and change to: • Support the livability of existing neighborhoods. • Support residential opportunities that accommodate the City's share of the Regional Housing Needs Assessment. • Promote new uses that are complementary to already existing neighborhoods and uses. • Achieve distinct and economically vital business and employment districts. • Correlate with supporting infrastructure and public services. • Sustain Newport Beach's natural setting. General Plan Land Use Element Policy LU 4.1 is amended as follows: LU 4.1 Land Use Diagram Support land use development consistent with the Land Use Plan. Figure LU1 depicts the general distribution of uses throughout the City and Figure LU2 through Figure LU15 depict specific use categories for each parcel within defined Statistical Areas. Table LU1 (Land Use Plan Categories) specifies the primary land use categories, types of uses, and, for certain categories, the densities/intensities to be permitted. The permitted densities/intensities or amount of development for land use categories for which this is not included in Table LU1, are specified on the Land Use Plan, Figure LU4 through Figure LU15. These are intended to convey maximum and, in some cases, minimums that may be permitted on any parcel within the designation or as otherwise specified by Table LU2 (Anomaly Locations). The density/intensity ranges exclude increases allowed through the applications of densitybonus laws and are calculated based on actual land area, actual number of dwelling units in fully developed residential areas, and development potential in areas where the General Plan allows additional development. To determine the permissible development, the user should: a. Identify the parcel and the applicable land use designation on the Land Use Plan, Figure LU4 through Figure LU15 b. Refer to Figure LU4 through Figure LU15 and Table LU1 to identify the permitted uses and permitted density or intensity or amount of development for the land use classification. Where densities/intensities are applicable, the maximum amount of development shall be determined by multiplying the area of the parcel by the density/intensity. c. For anomalies identified on the Land Use Map by a symbol, refer to Table LU2 to determine the precise development limits. d. For residential development in the Airport Area., refer to the policies prescribed by the Land Use Element that define how development may occur. (Imp 2.1, 5.1, 10.2) 23-144 General Plan Land Use Element Policy LU 4.4 is added in its entirety as follows: LU 4.4 Rezoning to Accommodate Housing Opportunities Accommodate housing opportunities through the adoption of housing opportunity overlay zoning districts or other land use regulatory policy. The following areas are intended to be consistent with the Housing Element's focus areas. Properties within each overlay district should include, but are not limited to, sites identified in the Housing Element; however, not all sites must be included, and other sites or adjustments may be identified in the future through rezoning unless precluded by state law. The goal is to ensure an adequate number of sites Citywide to accommodate the City's overall allocation of the Regional Housing Needs Assessment: • Airport Environs: the intent is to support a density between 20 and 50 dwelling units per gross acre to accommodate up to 2,577 total dwelling units within the area. • West Newport Mesa: the intent is to support a density between 20 and 50 dwelling units per gross acre to accommodate up to 1,107 total dwelling units within the area. • Newport Center: the intent is to support a density between 20 and 50 dwelling units per gross acre to accommodate up to 2,439 total dwelling units within the area. units per gross acre. • Dover / Westcliff: the intent is to support a density between 20 and 50 dwelling units per gross acre to accommodate up to 521 total dwelling units within the area. • Coyote Canyon: the intent is to allow a density between 20 and 60 dwelling units per gross acre of viable land to accommodate up to 1,530 total dwelling units within the area. General Plan Land Use Element Policy LU 4.5 is added in its entirety as follows: LU 4.5 Residential Uses and Residential Densities Residential use of any property included within an established housing opportunity overlay zoning district is allowed regardless of and in addition to the underlying land use category or density limit established through Policy LU 4.1, Table LU 1 and Table LU 2, or any other conflict in the Land Use Element. A general plan amendment is not required to develop a residential use within an established housing opportunity zoning overlay district. The maximum density specified for the various overlay districts specified in Policy LU 4.2 is an average over the entire property or project site. For example, a portion of a development site may be developed at a higher density than specified by Policy 4.4 provided other portions of the site are developed at lower densities such that the average does not exceed the maximum. Density calculations and total units identified in LU 4.4 do not include units identified as pipeline units or units permitted pursuant to State density bonus law. 23-145 General Plan Land Use Element Policy LU 4.6 is added in its entirety as follows: LU 4.6 Continuation of Existing Development Residential opportunities are in addition to existing uses allowed by the General Plan. Properties within the established overlay zones are not required to be developed for mixed -use or residential. Existing uses may continue to operate provided they are legally established and consistent with policies and regulations related to legal nonconforming uses. The adoption of housing opportunity overlay districts shall not affect existing rights to use the property. General Plan Land Use Element Policy LU 4.7 is added in its entirety as follows: LU 4.7 Redevelopment and Transfer of Development Rights Within an established housing opportunity overlay zone and notwithstanding Policy LU 6.15.5, the intensity of existing allowed uses of a site may be reconstructed on the site as part of a mixed -use development provided the gross floor area allowed by the General Plan is not increased, unless it is increased through a General Plan amendment or densitybonus concession. The intensity of existing uses may be converted to other uses allowed by the underlying General Plan land use category provided that average daily trips and peak hour traffic trips are not increased above the trips from the existing allowed use. For example, office intensity maybe converted to retail or service commercial, restaurants, or other nonresidential uses provided the General Plan land use category allows these uses. Nonresidential intensity not included as a component of a future residential project will remain within the General Plan allocations on a statistical area -wide basis. The City Council may transfer the intensity of a use to another site within the Statistical Area consistent with Policy LU 4.3 or Policy LU 6.15.3. General Plan Land Use Element Policy LU 5.1.3 is amended as follows: LU 5.1.3 Neighborhood Identification Encourage and support residential neighborhood identity through the establishment of objective design and development standards that will distinguish neighborhoods from others in the City. (Imp 1.1, 1.3) General Plan Land Use Element Policy 6.2.4 is amended as follows: LU 6.2.4 Accessory Dwelling Units Support and promote the development of accessory dwelling units and junior accessory dwelling units in all zones that will allow residential units, to provide a more affordable housing option that helps the City meet its housing production goals while minimizing the need to rezone for additional future capacity. (Imp 2.1) 23-146 General Plan Land Use Element Policy 6.4.2 is amended as follows: LU 6.4.2 Residential Accommodate a maximum of 1,475 residential units, which shall consist of a mix of single-family detached, attached, and multi -family units to provide a range of choices and prices for residents. (Imp 2.1) General Plan Land Use Element Policy 6.6.2 is amended as follows: LU 6.6.2 Residential Types Support the development of a mix of residential types consistent with the densities permitted by the General Plan (Figure M8), which may include single-family attached, townhomes, apartments, and comparable units, provided the overall average project density of 20 to 50 dwelling units per acre is not exceeded. (Imp 2.1) General Plan Land Use Element Policy 6.10.2 is stricken and removed in its entirety. General Plan Land Use Element Policy 6.10.3 is stricken and removed in its entirety. General Plan Land Use Element Policy 6.12.2 is stricken and removed in its entirety. General Plan Land Use Element Policy 6.15.4 is amended as follows: LU 6.15.4 Priority Uses Accommodate office, research and development, and similar uses that support the primary office and business park functions such as retail and financial services, as prescribed for the "CaG" designation, while allowing for the re -use of properties for the development of cohesive mixed -use and residential developments that are integrated with business park uses. (Imp 2.1) General Plan Land Use Element Policy 6.15.28 is amended as follows: LU 6.15.28 Priority Uses Encourage the development of retail, financial services, dining, hotel, and other uses that support the John Wayne Airport, the Airport Area's office uses, and, as developed or redeveloped, its residential neighborhoods, as well as automobile sales and supporting uses at the MacArthur Boulevard and Bristol Street node. (Imp 2.1, 24.1) 23-147 General Plan Land Use Element Policy 6.15.29 is amended as follows: LU 6.15.29 Priority Uses Encourage the development of administrative, professional, and office uses that are proximate or adjacent to residential uses; with accessory retail and service uses that provide jobs for residents and benefit adjoining mixed -use districts. (Imp 2.1, 24.1) 23-148 Attachment C Ordinance No. 2024-16 Amending Title 20 (Planning and Zoning) for Overlays 23-149 ORDINANCE NO. 2024-16 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, AMENDING TITLE 20 (PLANNING AND ZONING) OF THE NEWPORT BEACH MUNICIPAL CODE TO IMPLEMENT THE GENERAL PLAN 6T" CYCLE HOUSING ELEMENT (PA2022-0245) 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, California Government Code Section 65580 et seq. ("State Housing Element Law") requires each city and county adopt a housing element that identifies and analyzes existing and projected housing needs within their jurisdiction and prepare goals, policies, and programs, and quantified objectives to further the development, improvement, and preservation of housing; WHEREAS, the City's General Plan Land Use Element is a mandatory element that governs the ultimate pattern of development and requires updating every now and then for consistency with other General Plan elements; WHEREAS, every eight years, State Housing Element Law requires the City to update its General Plan Housing Element to identify and analyze existing and projected housing needs for the City along with a housing plan that provides adequate land use capacity to meet those needs; WHEREAS, the City was assigned a Regional Housing Needs Assessment ("RHNA") allocation of 4,845 new units as its projected housing need for the planning period covering 2021-2029 and, as a result, the City worked diligently to prepare its 6th Cycle Housing Element in compliance with state law; WHEREAS, preparation of the 6th Cycle Housing Element involved extensive public participation with community groups at numerous workshops, as well as meetings with the Planning Commission and City Council, and was assisted by an ad -hoc committee called the Housing Element Update Advisory Committee ("HEUAC") formed and appointed by the City Council; 23-150 Ordinance No. 2024- Page 2 of 6 WHEREAS, after several meetings with the State Department of Housing and Community Development ("HCD") and numerous drafts, the City Council adopted the final 6th Cycle Housing Element on September 13, 2022; WHEREAS, HCD certified the City's 6th Cycle Housing Element on October 5, 2022, as statutorily compliant with state law; WHEREAS, Section 4 (Housing Plan) of the 6th Cycle Housing Element presents a framework and strategy for meeting the needs of existing and future resident populations in Newport Beach based on the RHNA allocation of 4,845 new housing units, the "fair share" of regional housing need and demand, by planning for units within the following site groupings or 'focus areas" that are best suited for residential growth: Airport Area Environs, West Newport Mesa, Newport Center, Dove r/Westcl iff, and Coyote Canyon; WHEREAS, the 6t1 Cycle Housing Element opportunity sites are to be rezoned per Housing Element Policy Actions 1 A through 1 F to accommodate the City's RHNA obligation, including a buffer necessary to address future "no net loss" of available sites and to preclude the need to identify replacement sites during implementation; WHEREAS, the rezoning includes the establishment of overlay zoning districts and accompanying development standards, as well as corresponding amendments to the General Plan Land Use Element and the Local Coastal Program; WHEREAS, to comply with state law, the City has been working diligently to implement the 6th Cycle Housing Element no later than February 2025 ("6th Cycle Housing Element Implementation"), which requires the following amendments and actions: • General Plan Amendment ("GPA") - To revise the necessary goals and/or policies within the City's Land Use Element to support housing production in the focus areas identified by the 6th Cycle Housing Element; • Amendment to Title 20 (Planning and Zoning) ("ZCA") - To implement the Land Use Element's policy changes by allowing housing development as an opportunity and establishing appropriate objective design and development standards for multi -unit residential and mixed -use development projects; 23-151 Ordinance No. 2024- Page 3 of 6 • Local Coastal Program Amendment ("LCPA") - To revise and create new policies within the City's Coastal Land Use Plan and update Title 21 (Local Coastal Program Implementation Plan) of the Newport Beach Municipal Code ("NBMC") to support housing production in the focus areas identified by the 6th Cycle Housing Element that are within the Coastal Zone; and • Program Environmental Impact Report ("PEIR") (SCH No. 2023060699) - To analyze potential environmental impacts under the California Environmental Quality Act ("CEQA") related to the 6t1 Cycle Housing Element Implementation, a Draft Housing Element Implementation Program Amendments Program Environmental Impact Report ("Draft PEIR"), to address reasonably foreseeable environmental impacts resulting from the 6th Cycle Housing Element Implementation; WHEREAS, the 6th Cycle Housing Element Implementation must take effect by February 2025 to avoid significant penalties and loss of local control dictated by state law, which may include, but are not limited to: • Increased exposure to public and private litigation; • Loss of permitting authority; • Financial penalties including monthly fines of up to $600,0000; • Loss of eligibility for state and regional funding sources; • Court receivership; • Allowing housing developers to bypass the City's zoning requirements; and • Increased exposure to monitoring by the newly formed Housing Accountability Unit of HCD; WHEREAS, City staff worked closely with the community through the City Council -appointed General Plan Advisory Committee ("GPAC") and General Plan Update Steering Committee ("GPUSC") from March 2023 to August 2023 to draft Land Use Element goals and policies that support 6th Cycle Housing Element Implementation, including the ZCA; WHEREAS, the draft GPA that was supported by the GPAC and the GPUSC was posted online along with the draft ZCA on August 30, 2023, with additional public comments and participation at the Planning Commission Study Session on September 21, 2023, and City Council Study Session on February 13, 2024; WHEREAS, the draft GPA was revised and reposed online on January 16, 2024, and March 28, 2024, based on the public's input; 23-152 Ordinance No. 2024- Page 4 of 6 WHEREAS, a public hearing was held by the Planning Commission on April 18, 2024, in the Council Chambers at 100 Civic Center Drive, Newport Beach, California to consider the actions and amendments required for the 6th Cycle Housing Element Implementation. A notice of time, place, and purpose of the hearing was given in accordance with Government Code Section 54950 et seq. ("Ralph M. Brown Act"), Chapter 20.62 (Public Hearings) and Chapter 21.62 (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 conclusion of the public hearing, the Planning Commission adopted Resolution No. PC2024-006 by a unanimous vote (5 ayes, 2 recusals) recommending the City Council certify the Housing Element Implementation Program Amendments Draft PEIR and approve the 6th Cycle Housing Element Implementation; WHEREAS, California Public Utilities Code ("CPUC") Section 21676(b) requires the City to refer the 6th Cycle Housing Element Implementation to the Orange County Airport Land Use Commission ("ALUC") to review for consistency with the 2008 John Wayne Airport Environs Land Use Plan ("AELUP"); WHEREAS, on May 16, 2024, the ALUC determined the 6th Cycle Housing Element Implementation is inconsistent with the AELUP; WHEREAS, pursuant to Sections 21670 and 21676 of the CPUC, the City Council held a duly noticed public hearing on May 28, 2024, and adopted Resolution No. 2024-32 (7 ayes, 0 nays), to notify the ALUC and State Department of Transportation Aeronautics Program of the City's intent to override ALUC's inconsistency finding and on May 29, 2024, the City issued the Notice of Intent to Override ALUC's determination and received two comments in response; and WHEREAS, a public hearing was held on July 23, 2024, by the City Council in the Council Chambers located at 100 Civic Center Drive, Newport Beach, California to consider the 6th Cycle Housing Element Implementation, including consideration of certifying the PEIR, adoption of CEQA Findings, Mitigation Monitoring and Reporting Program and a Statement of Overriding Considerations. A notice of time, place, and purpose of the hearing was given in accordance with CPUC Section 21676(b), the Ralph M. Brown Act, Chapter 20.62 (Public Hearings), Chapter 20.66 (Amendments), and Chapter 21.62 (Public Hearings) of the NBMC, and City Council Policy K-1 (General Plan and Local Coastal Program) and City Council Policy K-3 (Implementation procedures for the California Environmental Quality Act). Evidence both written and oral, was presented to, and considered by, the City Council at this hearing. 23-153 Ordinance No. 2024- Page 5 of 6 NOW THEREFORE, the City Council of the City of Newport Beach ordains as follows: Section 1: The City Council finds amendments to Title 20 (Planning and Zoning) of the NBMC are legislative acts. Neither Title 20 nor State Planning Law set for any required findings for either approval or denial of such amendments. Notwithstanding the foregoing, the ZCA is consistent with the corresponding GPA and LCPA. Section 2: The City Council does hereby make the findings attached hereto as Exhibit "A" and incorporated by reference, and approves the ZCA, as set forth in Exhibit "B," which is attached hereto and incorporated herein by reference. Section 3: The Housing Element Implementation Program Amendments Final PEIR (SCH No. 2023060699) was prepared for the 6th Cycle Housing Element Implementation (also referred to as the "Project") in compliance with the California Environmental Quality Act ("CEQA") as set forth in the Public Resources Code Section 21000 et seq., Title 14, Division 6, Chapter 3 of the California Code of Regulations ("CEQA Guidelines"), and City Council Policy K-3 (Implementation Procedures for the California Environmental Quality Act). On July 23, 2024, the City Council adopted Resolution No. 2024- , to certify the PEIR as complete and adequate, inclusive of all required findings, a statement of overriding considerations, and a mitigation monitoring reporting program. The City Council hereby finds that the action to adopt this Resolution approving the ZCA was considered within the PEIR. Resolution No. 2024- is hereby incorporated by reference. Section 4: The recitals provided in this ordinance are true and correct and are incorporated into the substantive portion of this ordinance. Section 5: If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. Section 6: Except as expressly modified in this ordinance, all other sections, subsections, terms, clauses and phrases set forth in the NBMC shall remain unchanged and shall be in full force and effect. 23-154 Ordinance No. 2024- Page 6 of 6 Section 7: The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the ordinance, or a summary thereof, to be published pursuant to City Charter Section 414. This Ordinance shall take effect upon approval of the Land Use Element Amendment by a majority (50%+1) of the electorate voting on it at the General Municipal Election on November 5, 2024, and the City Clerk's certification of the vote. This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the day of , 2024, and adopted on the day of , 2024, by the following vote, to -wit: AYES: NAYS: ABSENT: WILL O'NEILL, MAYOR ATTEST: LEILANI I. BROWN, CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY'S OFFIC C AARON C. HARP, CITY ATTORNEY Attachments: Exhibit "A" — Findings for Approval Exhibit "B" — Title 20 (Planning and Zoning) Housing Opportunity (HO) Overlay Zoning Districts 23-155 EXHIBIT "A" Findings for Approval General Finding: An amendment to the City's Zoning Code is a legislative act. Neither Title 20 (Planning and Zoning) of the NBMC nor California Government Code Section 65000 et seq., set forth any required findings for approval of such amendments. Notwithstanding the foregoing, the following amendments to the Zoning Code will create internal consistency with the certified 6th Cycle Housing Element: Facts in Support of Finding: 1. The Zoning Code is a tool designed to implement the General Plan. Since the 6th Cycle Housing Element Implementation involves an amendment to the General Plan, it is necessary to also amend Title 20 (Planning and Zoning) to achieve its goals and policies. 2. The Zoning Code Amendment ("ZCA"), attached to this ordinance as Exhibit "B" incorporated herein, including the Housing Opportunity (HO) Overlay Zoning Districts with associated development standards, are consistent with the implementation program in the Housing Plan of the Housing Element, as discussed in Resolution No. 2024- under the Findings for the General Plan Amendment. The ZCA will enable the implementation of the Housing Element's key objective, which is to accommodate the development of housing projects to fulfill City's "fair share" of regional housing need and demand. 23-156 EXHIBIT "B" Title 20 (Planning and Zoning) Housing Opportunity (HO) Overlay Zoning Districts Chapter 20.28 (Overlay Zoning Districts) of the NBMC is amended to include a new Section 21.28.050 (Housing Opportunity [HO] Overlay Zoning Districts) as follows: Chapter 20.28 OVERLAY ZONING DISTRICTS (MHP, PM, B, HO, H) Sections: 20.28.010 Purposes of Overlay Zoning Districts. 20.28.020 Mobile Home Park (MHP) Overlay Zoning District. 20.28.030 Parking Management (PM) Overlay District. 20.28.040 Bluff (B) Overlay District. 20.28.050 Housing Opportunity (HO) Overlay Zoning Districts. 20.28.060 Height (H) Overlay District. Section 20.28.010 (Purposes of Overlay Zoning Districts) is amended to include a new Subsection (D) as follows: D. HO (Housing Opportunity) Overlay Zoning Districts. The HO Overlay Zoning Districts are intended to accommodate housing opportunities consistent with the Housing Element's focus areas and to ensure the City can meet its allocation of the Regional Housing Needs Assessment (RHNA). The specific areas are identified in Part 8 of this title (Maps). New Section 20.28.050 (Housing Opportunity [HO] Overlay Zoning Districts) is incorporated into the Chapter as follows: 20.28.050 Housing Opportunity (HO) Overlay Zoning Districts. A. Applicability. This section applies to properties located in one of the Housing Opportunity (HO) Overlay Zoning Districts, as identified in Part 8 of this title (Maps - NOTE: Maps largely mirror the focus areas in Appendix B of the Housing Element and will be posted once available). This includes the following subareas: 1. HO-1 - Airport Area Environs Area - The Airport Area Environs Area is located north of the Upper Newport Bay Nature Reserve, primarily around the John Wayne Airport. 23-157 2. HO-2 - West Newport Mesa Area - The West Newport Mesa Area is located near the southwest corner of the City and primarily consists of industrial properties along 16th Street, Production Place, and 15th Street. 3. HO-3 - Dover-Westcliff Area - The Dover-Westcliff Area includes property on both sides of West Coast Highway and the west of Dover Drive. Properties in the Lido Village area are included. 4. HO-4 - Newport Center Area - The Newport Center Area is generally bounded by San Joaquin Hills Road, MacArthur Blvd, Coast Highway, and jamboree Road. 5. HO-5 - Coyote Canyon Area - The Coyote Canyon Area is located on the south side of California State Route 73, at the junction of Newport Coast Drive. The above listed are general descriptions of each subarea and additional properties may be included with the subarea. To be eligible for the provisions of this chapter, the property must be listed on the HO area map as an "Opportunity Site". 6. HO-6 - 5th Cycle Housing Element Sites - Those sites that are identified as 5th Cycle Housing Element sites on Figure B-5 of the 6th Cycle Housing Element. See subsection 20.28.050(E) for alternative review process. B. Uses Allowed. The following uses shall be permitted in the Housing Opportunity (HO) Overlay Zoning Districts with exception of HO-6 where only the base zoning standards apply: 1. Any use that is permitted or conditionally permitted in the base zone; 2. Multiple -unit development that meets the density requirements set forth in this section; 3. Mixed -use development that includes a residential component which complies with the minimum density set forth in this section; and 4. Residential supporting uses such as leasing/sales/property management offices, fitness facilities, recreation facilities, etc. C. Subarea Development Standards. 1. 1. Development Standards. The following development standards shall apply to any residential or mixed -use project permitted pursuant to this section. Unless otherwise modified by this section, all applicable development standards, including any adopted objective design standards, shall apply. 23-158 TABLE 2-16 DEVELOPMENT STANDARDS FOR HOUSING OPPORTUNITY OVERLAY ZONES Development Feature Housing Opportunity Subareas H O-1 H O-2 H O-3 H O-4 H O-5 H O-6 Development Limit 2,577 1,107 521 2,439 1,530 t N/A (units)(') Lot Size/Dimension Per Base Zone Lot area required per unit Minimum: Minimum: Minimum: All (sq. ft.)(z) 2,178 (20 2,178 (20 du/ac) 2,178 (20 Standards du/ac) Maximum: du/ac) Per Base Maximum: 871 (50 du/ac) Maximum: Zone 871 (50 726 (60 du/ac) du/ac)(10) Setbacks Front 0 ft.(3) 10 10 ft.(3)(4) 0(3) 10 ft.(3) ft.(3) Rear 0 20 ft. 20 ft. 0 20 ft. Side 0 (4) Street Side 0(3) 10 10 ft.(3) 0 ft.(3) 10 ft.(3) ft.(3) Height Per Base 65 ft. 65 ft.(6) Per 65 ft. Zone Base unless Zone(7) otherwise identified on the map Building Separation 10 ft. Floor Area Ratio (FAR) No restriction(8) Common Open Space(9) Minimum 75 square feet/dwelling unit. (The minimum dimension [length and width] shall be 15 feet.) Private Open Space(9) 5% of the gross floor area for each unit. (The minimum dimension [length and width] shall be 6 feet.) Fencing See Section 20.30.040 (Fences, Hedges, Walls, and Retaining Walls). Landscaping See Chapter 20.36 (Landscaping Standards). Lighting See Section 20.30.070 (Outdoor Lighting). Outdoor Storage/Display See Section 20.48.140 (Outdoor Storage, Display, and Activities). Parking See Subsection (D)(3) below and Chapter 20.40 (Off - Street Parking). Satellite Antennas See Section 20.48.190 (Satellite Antennas and Amateur Radio Facilities). Signs See Chapter 20.42 (Sign Standards). 23-159 (1) Development limits are additional residential development opportunities beyond the base allowances in this Title and General Plan, including projects approved under those base allowances and units identified as pipeline units in the 61h Cycle Housing Element (Table B-2). Development limits shall not include density bonus units. Furthermore, eligible units are only counted against the development limits when they are either entitled or are issued a building permit if allowed by right. However, 25% of the development limit within each HO Overlay Zoning District that includes properties within the Coastal Zone shall be reserved until such a time as the City's Local Coastal Program has been amended to allow for housing consistent with the implementation of the 6th Cycle Housing Element. Following the City s Local Coastal Program Amendment, priority for the reserved units will be given to sites located within the Coastal Zone. (2) Minimum/maximum allowable density range may be based on an average density of the entire project site, excluding density bonus units. (3) Any portion of the building that is over 20 feet in height shall be setback a minimum 20 feet from the street right-of- way. (4) Except in the Mixed -Use Mariners Mile (MU-MM) Zoning District wherein residential uses are only allowed beginning 100 feet north of Coast Highway. (5) The combined total from both sides shall be 15 feet. (6) The height shall be limited to 35 feet in the Shoreline Height Limit Area, as identified in Map H-1. (7) "Base Zone" includes all height limitations established by the Sight Plane Ordinance (Ordinance No. 1371 and Ordinance No. 1596). (8) The FAR in this table only applies to residential floor area, including any supporting facilities. In mixed -use developments, the FAR for nonresidential is still applicable. (9) For purposes of this section, common and private open space in HO-1 may include enclosed shared amenities such as a clubhouse, swimming pool, tennis court, basketball court, racquetball court, weightlifting facility, children's playground equipment, sauna, jacuzzi, day care facility, or any other recreational amenities/facilities as deemed appropriate by the Community Development Director. (10) This density is intended for the former Coyote Canyon Landfill site only. The Sage Hill School site is limited to a maximum of 20 dwelling units. 2. Airport Area Environs Area (HO-1). The following development standards shall only apply to projects with the Airport Area Environs Area: a. Sound Mitigation. The interior ambient noise level of all new residential dwelling units shall meet applicable standards of the Section 10.26.030 (Interior Noise Standards). An acoustical analysis report, prepared by an acoustical engineer, shall be submitted describing the acoustical design features of the structure that will satisfy the interior noise standard. The residential units shall be constructed, and noise attenuated in compliance with the report. b. Advanced Air Filtration. The design of all new residential and mixed -use residential developments shall include advanced air filtration systems to promote cleaner air within living environments. c. Notification to Owners and Tenants. A written disclosure statement shall be prepared prior to sale, lease, or rental of a residential unit within the development. The disclosure statement shall indicate that the occupants will be living in an urban type of environment adjacent to an airport and that the noise, odor, and outdoor activity levels may be higher than a typical suburban residential area. The disclosure statement shall include a written 23-160 description of the potential impacts to residents of both the existing environment (e.g., noise from planes, commercial activity on the site and vehicles streets) and potential nuisances based upon the allowed uses in the zoning district. Each and every buyer, lessee, or renter shall sign the statement acknowledging that they have received, read, and understand the disclosure statement. A covenant shall also be included within all deeds, leases or contracts conveying any interest in a residential unit within the development that requires: (1) the disclosure and notification requirement stated herein; (2) an acknowledgment by all grantees or lessees that the property is located within an urban type of environment and that the noise, odor, and outdoor activity levels may be higher than a typical suburban residential area; and (3) acknowledgment that the covenant is binding for the benefit and in favor of the City of Newport Beach. 3. West Newport Mesa Area (HO-2). The following development standards shall only apply to projects with the West Newport Mesa Area: a. West Newport Mesa Streetscape Master Plan. Any residential or mixed -use residential development shall implement applicable components of the adopted West Newport Mesa Streetscape Master Plan. 4. Coyote Canyon Area (HO-5). The following development standards shall only apply to projects with the Coyote Canyon Area: a. Public Park. Any future residential development within this subarea shall include a public park that is no less than 3.5 acres, in aggregate. As part of the review for the overall project, the developer shall provide a detailed description of the public park, including timing, dimensions, and location within the project site. b. Public Trails. Any future residential development shall include public trails for the entire subarea that accommodate multiple modes of transit (i.e., walking and bicycling) and connect to nearby community resources, as well as the existing trail system. As part of the review for the overall project, the developer shall provide a detailed description of the trail system, including timing, dimensions, alignment, and location within the project site. D. General Development Standards. The following development standards shall apply to all projects within the Housing Opportunity zone, regardless of subarea: 1. Mixed -use developments. All mixed -use developments shall comply with Section 20.48.130 (Standards for Mixed -Use Projects). In addition, a minimum of 50% of the 23-161 floor area of mixed -use developments shall be dedicated to residential uses. For purposes of this section, floor area be defined as all enclosed floor space, but exclude parking garages/spaces, utility areas, and storage areas that are not directly accessible from the interior of a dwelling unit. 2. Landscaped Setbacks. All front and street side setbacks shall be landscaped, except for areas that provide vehicle and pedestrian access to the right-of-way. 3. Residential Off -Street Parking Requirements. Residential parking requirements for projects within the Housing Opportunity Overlay Zones shall be provided in accordance with Table 2-17 below. Parking for all other uses not included in this table shall be provided in accordance with Chapter 20.40 (Off -Street Parking Requirements) of the NBMC. TABLE 2-17 RESIDENTIAL OFF-STREET PARKING FOR HOUSING OPPORTUNITY OVERLAY ZONES Land Use Subtype Parking Requirement Residential Studio 1.1 spaces per dwelling unit (Rental) 1 Bedroom 1.5 spaces per dwelling unit 2 Bedrooms 1.8 spaces per dwelling unit 3 Bedrooms 2.0 spaces per dwelling unit Visitor Parking 0.3 spaces per dwelling unit Residential Studio 1.4 spaces per dwelling unit (Ownership) 1 Bedroom 1.8 spaces per dwelling unit 2 Bedrooms 1.8 spaces per dwelling unit 3 Bedrooms 2.0 spaces per dwelling unit Visitor Parking 0.3 spaces per dwelling unit E. Review Process. Notwithstanding Sections 20.48.130(A) and 20.52.080, any residential or mixed -use development in the HO Overlay Zones that includes a minimum of 20% of the units reserved for very -low- and low-income residents shall not require a Site Development Review, but shall require an affordable housing implementation plan (AHIP) and shall meet all the following criteria: 1. All units designated as affordable to very -low and/or low-income residents shall be subject to a minimum 30-year affordability covenant; 2. Affordable units shall reflect the range of numbers of bedrooms provided in the residential development project as a whole, but may be smaller and have different interior finishes and features than market -rate units; 23-162 3. Affordable units shall be comparable in the facilities provided (e.g., laundry, recreation, etc.) and in the quality of construction and exterior design to the market - rate units; and 4. Affordable units shall be dispersed throughout the residential development. Subsection 20.48.130(B) shall be amended to include a reference to the HO Overlay Zoning Districts as follows: B. Development Standards. In addition to the development standards provided in this section, development standards for mixed -use projects are provided in: 1. Table 2-10 (Development Standards for MU-V; MU-MM; MU-DW; and MUCV/15th St.); 2. Table 2-11 (Development Standards for MU-W1 and MU-W2 Mixed -Use Zoning Districts); 3. Table 2-16 (Development Standards for Housing Opportunity Overlay Zones); and 4. Other sections in this Part 4 for specific uses that may be part of the proposed mixed -use project. Part 8. Maps, Chapter 20.80 (Maps) is amended to include new Section 20.80.025 (Housing Opportunity Overlay Zoning Districts maps) as follows: Chapter 20.80 MAPS Sections: 20.80.010 Area maps. 20.80.020 Bluff overlay. 20.80.025 Housing Opportunity Overlay Zoning Districts maps. 20.80.030 Height limit areas. 20.80.035 Parking Management Overlay District maps. 20.80.040 Setback maps. 23-163 Section 20.80.025 (Housing Opportunity Overlay Zoning Districts maps) is added in its entirety to include an indexing of maps as follows: HO-1 - Airport Area Environs Area (PDF) HO-2 - West Newport Mesa Area (PDF) HO-3 - Dover-Westcliff Area (PDF) HO-4 - Newport Center Area (PDF) HO-5 - Coyote Canyon Area (PDF) HO-6 - 5th Cycle Housing Element Sites (PDF) The corresponding maps for each of the Housing Opportunity Overlay Zoning Districts, as indexed in Section 20.80.025 and linked as a PDF, are to be in a similar format to the following series of maps beginning on the next page: 23-164 Legend Housing Opportunity Sites Overlay (Coastal Zone) _ Housing Opportunity Sites Overlay !®!!I! Coastal Zone Boundary O60' maximum 0 35' maximum 3ff 4 1 II i t� HO-1 Airport Area Environs Area - GY o! Newpore &aech GIS D-W- June 20, 1024 23-165 1 i I Legend Housing Opportunity Sites Overlay (Coastal Zone) Housing Opportunity Sites Overlay 1111911 Coastal Zone Boundary j l %1 i.."".::ry_ ,, NE HO-2 West Newport Mesa Area C Y of Ne.P— Beach 045 o 4,W June 1p, 107� w.oen Ham �vewm. 23-166 — Legend 9 s Housing Opportunity Sites Overlay (Coastal Zone) f` . Housing Opportunity Sites 111111 Coastal Zone Boundary ice. lr` 71 lr . U , ®I J { (' i!' l £r.t HO-3 Dover-Westcliff Area'" Cnp ,r rio.a4n aauh �� GIS P�+idcn limns i9, 191a 23-167 KOt 'ot •u^f uewly0 Si7 4xK �i>a..ati �e A Dead ae;ue, ;aodmON ti-OH �rrrarrr�r�uu�rnr N,� i �1 Aiupunog auo elseo r Z I � rO1�1 swig Allunuoddo 6ulsnOH /y (euoZ lelseoo) Aeljano swig Allunpoddo 6uwsnoH l ' f }�~ pua6a-1 23-168 Legend illlll Coastal Zone Boundary Housing Opportunity Sites J t. cl, .�f �i 14,1 ti ✓.' -= F �j 1 HO-5 Coyote Canyon Area "�'w^` C+y o� New�orr 9ecch s�' G75 D7.i+ro n am aeom.a NE- 23-169 ............ TV/ HO-6 Existing 5th Cycle Sites Balboa Village I NBGi' C'.y of N..,,,, .Im-h Gfs D id j.". 20, M2, 23-170 Attachment D Ordinance No. 2024-17 Amending Title 20 (Planning and Zoning) for Multi -Unit Objective Design Standards 23-171 ORDINANCE NO. 2024-17 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, AMENDING TITLE 20 (PLANNING AND ZONING) OF THE NEWPORT BEACH MUNICIPAL CODE TO ADOPT OBJECTIVE DEVELOPMENT STANDARDS (PA2022-0245) 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, California Government Code Section 65580 et seq. ("State Housing Element Lave') requires each city and county adopt a housing element that identifies and analyzes existing and projected housing needs within their jurisdiction and prepare goals, policies, and programs, and quantified objectives to further the development, improvement, and preservation of housing; WHEREAS, the City's General Plan Land Use Element is a mandatory element that governs the ultimate pattern of development and requires updating every now and then for consistency with other General Plan elements; WHEREAS, every eight years, State Housing Element Law requires the City to update its General Plan Housing Element to identify and analyze existing and projected housing needs for the City along with a housing plan that provides adequate land use capacity to meet those needs; WHEREAS, the City was assigned a Regional Housing Needs Assessment ("RHNA") allocation of 4,845 new units as its projected housing need for the planning period covering 2021-2029 and, as a result, the City worked diligently to prepare its 6th Cycle Housing Element in compliance with state law; WHEREAS, preparation of the 6th Cycle Housing Element involved extensive public participation with community groups at numerous workshops, as well as meetings with the Planning Commission and City Council, and was assisted by an ad -hoc committee called the Housing Element Update Advisory Committee ("HEUAC") formed and appointed by the City Council; 23-172 Ordinance No. 2024- Page 2 of 6 WHEREAS, after several meetings with the State Department of Housing and Community Development ("HCY) and numerous drafts, the City Council adopted the final 6th Cycle Housing Element on September 13, 2022; WHEREAS, HCD certified the City's 6th Cycle Housing Element on October 5, 2022, as statutorily compliant with state law; WHEREAS, Section 4 (Housing Plan) of the 6th Cycle Housing Element presents a framework and strategy for meeting the needs of existing and future resident populations in Newport Beach based on the RHNA allocation of 4,845 new housing units, the 'fair share" of regional housing need and demand, by planning for units within the following site groupings or 'focus areas" that are best suited for residential growth: Airport Area Environs, West Newport Mesa, Newport Center, Dover/Westcliff, and Coyote Canyon; WHEREAS, the 6tt' Cycle Housing Element opportunity sites are to be rezoned per Housing Element Policy Actions 1A through 1F to accommodate the City's RHNA obligation, including a buffer necessary to address future "no net loss" of available sites and to preclude the need to identify replacement sites during implementation; WHEREAS, the rezoning includes the establishment of overlay zoning districts and accompanying development standards, as well as corresponding amendments to the General Plan Land Use Element and the Local Coastal Program; WHEREAS, to comply with state law, the City has been working diligently to implement the 6th Cycle Housing Element no later than February 2025 ("6th Cycle Housing Element Implementation"), which requires the following amendments and actions: • General Plan Amendment ("GPA") - To revise the necessary goals and/or policies within the City's Land Use Element to support housing production in the focus areas identified by the 6th Cycle Housing Element; • Amendment to Title 20 (Planning and Zoning) ("ZCA") - To implement the Land Use Element's policy changes by allowing housing development as an opportunity and establishing appropriate objective design and development standards for multi -unit residential and mixed -use development projects; 23-173 Ordinance No. 2024- Page 3 of 6 • Local Coastal Program Amendment ("LCPA") - To revise and create new policies within the City's Coastal Land Use Plan and update Title 21 (Local Coastal Program Implementation Plan) of the Newport Beach Municipal Code ("NBMC") to support housing production in the focus areas identified by the 6th Cycle Housing Element that are within the Coastal Zone; and • Program Environmental Impact Report ("PEIR") (SCH No. 2023060699) - To analyze potential environmental impacts under the California Environmental Quality Act ("CEQK) related to the 6t" Cycle Housing Element Implementation, a Draft Housing Element Implementation Program Amendments Program Environmental Impact Report ("Draft PEIR"), to address reasonably foreseeable environmental impacts resulting from the 6tn Cycle Housing Element Implementation; WHEREAS, the 6th Cycle Housing Element Implementation must take effect by February 2025 to avoid significant penalties and loss of local control dictated by state law, which may include, but are not limited to: • Increased exposure to public and private litigation; • Loss of permitting authority; • Financial penalties including monthly fines of up to $600,000; • Loss of eligibility for state and regional funding sources; • Court receivership; • Allowing housing developers to bypass the City's zoning requirements; and • Increased exposure to monitoring by the newly formed Housing Accountability Unit of HCD; WHEREAS, City staff worked closely with the community through the City Council -appointed General Plan Advisory Committee ("GPAC") and General Plan Update Steering Committee ("GPUSC") from March 2023 to August 2023 to draft Land Use Element goals and policies that support 6th Cycle Housing Element Implementation, including the ZCA; WHEREAS, the draft GPA that was supported by the GPAC and the GPUSC was posted online along with the draft ZCA on August 30, 2023, with additional public comments and participation at the Planning Commission Study Session on September 21, 2023, City Council Study Session on February 13, 2024; WHEREAS, the draft GPA was revised and reposed online on January 16, 2024, and March 28, 2024, based on the public's input; 23-174 Ordinance No. 2024- Page 4 of 6 WHEREAS, a public hearing was held by the Planning Commission on April 18, 2024, in the Council Chambers at 100 Civic Center Drive, Newport Beach, California to consider the actions and amendments required for the 6th Cycle Housing Element Implementation. A notice of time, place, and purpose of the hearing was given in accordance with Government Code Section 54950 et seq. ("Ralph M. Brown Act"), Chapter 20.62 (Public Hearings) and Chapter 21.62 (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 conclusion of the public hearing, the Planning Commission adopted Resolution No. PC2024-006 by a unanimous vote (5 ayes, 2 recusals) recommending the City Council certify the Housing Element implementation Program Amendments Draft PEIR and approve the 6th Cycle Housing Element Implementation; WHEREAS, California Public Utilities Code ("CPUC") Section 21676(b) requires the City to refer the 6th Cycle Housing Element Implementation to the Orange County Airport Land Use Commission ("ALUC") to review for consistency with the 2008 John Wayne Airport Environs Land Use Plan ("AELUP"); WHEREAS, on May 16, 2024, the ALUC determined the 6th Cycle Housing Element Implementation is inconsistent with the AELUP; WHEREAS, pursuant to Sections 21670 and 21676 of the CPUC, the City Council held a duly noticed public hearing on May 28, 2024, and adopted Resolution No. 2024-32 (7 ayes, 0 nays), to notify the ALUC and State Department of Transportation Aeronautics Program of the City's intent to override ALUC's inconsistency finding and on May 29, 2024, the City issued the Notice of Intent to Override ALUC's determination and received two comments in response; and WHEREAS, a public hearing was held on July 23, 2024, by the City Council in the Council Chambers located at 100 Civic Center Drive, Newport Beach, California to consider the 6th Cycle Housing Element Implementation, including consideration of certifying the PEIR, adoption of CEQA Findings, Mitigation Monitoring and Reporting Program and a Statement of Overriding Considerations. A notice of time, place, and purpose of the hearing was given in accordance with CPUC Section 21676(b), the Ralph M. Brown Act, Chapter 20.62 (Public Hearings), Chapter 20.66 (Amendments) and Chapter 21.62 (Public Hearings) of the NBMC, and City Council Policy K-1 (General Plan and Local Coastal Program) and City Council Policy K-3 (Implementation procedures for the California Environmental Quality Act). Evidence both written and oral, was presented to, and considered by, the City Council at this hearing. 23-175 Ordinance No. 2024- Page 5 of 6 NOW THEREFORE, the City Council of the City of Newport Beach ordains as follows: Section 1: The City Council finds amendments to Title 20 (Planning and Zoning) of the NBMC are legislative acts. Neither Title 20 nor State Planning Law set for any required findings for either approval or denial of such amendments. Notwithstanding the foregoing, the ZCA is consistent with the corresponding GPA and LCPA. Section 2: The City Council does hereby make the findings attached hereto as Exhibit "A" and incorporated by reference, and approves the ZCA, as set forth in Exhibit "B," which is attached hereto and incorporated herein by reference. Section 3: The Housing Element Implementation Program Amendments Final PEiR (SCH No. 2023060699) was prepared for the 6th Cycle Housing Element Implementation (also referred to as the "Project") in compliance with the California Environmental Quality Act ("CEQA") as set forth in the Public Resources Code Section 21000 et seq., Title 14, Division 6, Chapter 3 of the California Code of Regulations ("CEQA Guidelines"), and City Council Policy K-3 (Implementation Procedures for the California Environmental Quality Act). On July 23, 2024, the City Council adopted Resolution No. 2024- , to certify the PEIR as complete and adequate, inclusive of all required findings, a statement of overriding considerations, and a mitigation monitoring reporting program. The City Council hereby finds that the action to adopt this Resolution approving the ZCA was considered within the PEIR. Resolution No. 2024- is hereby incorporated by reference. Section 4: The recitals provided in this ordinance are true and correct and are incorporated into the substantive portion of this ordinance. Section 5: If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. 23-176 Ordinance No. 2024- Page 6 of 6 Section 6: Except as expressly modified in this ordinance, all other sections, subsections, terms, clauses and phrases set forth in the NBMC shall remain unchanged and shall be in full force and effect. Section 7: The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the ordinance, or a summary thereof, to be published pursuant to City Charter Section 414. This ordinance shall be effective thirty (30) calendar days after its adoption. This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the day of , 2024, and adopted on the day of , 2024, by the following vote, to -wit: AYES: NAYS: ABSENT: WILL O'NEILL, MAYOR ►_ra9*3S LEILANI I. BROWN, CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE '_ ram C ("' AAR N C. HARP, CITY ATTORNEY Attachments: Exhibit "A" — Findings for Approval Exhibit "B" — Title 20 (Planning and Zoning) Multi -Unit Objective Design Standards 23-177 EXHIBIT "A" Findings for Approval General Finding: An amendment to the City's Zoning Code is a legislative act. Neither Title 20 (Planning and Zoning) of the NBMC nor California Government Code Section 65000 et seq., set forth any required findings for approval of such amendments. Notwithstanding the foregoing, the following amendments to the Zoning Code will create internal consistency with the certified 6th Cycle Housing Element: Facts in Support of Finding: 1. The Zoning Code is a tool designed to implement the General Plan. Since the 6th Cycle Housing Element Implementation involves an amendment to the General Plan, it is necessary to also amend Title 20 (Planning and Zoning) to achieve its goals and policies. The Zoning Code Amendment ("ZCA"), attached to this ordinance as Exhibit "B" incorporated herein, including the Multi -Unit Objective Design Standards, are consistent with Senate Bill 330 which limits discretion for housing development projects that are consistent with the general plan and zoning code. The objective development standards provided herein will provide for the orderly development of residential development projects that are consistent with SB 330. 23-178 EXHIBIT "B" Title 20 (Planning and Zonirig) Multi -Unit Objective Design Standards Section 20.48.185 (Multi -Unit Objective Design Standards) is added in its entirety as follows: 20.48.185 Multi -Unit Objective Design Standards A. Purpose. The purpose of the Objective Design Standards is to ensure the highest possible design quality and to provide a baseline standard for all new multi -unit development in Newport Beach. Multi -unit housing proposals must, at a minimum demonstrate compliance with all the standards contained herein. Proposals not consistent with any of these standards shall be required to seek approval through a discretionary site development review process as provided by Chapter 20.52.080 (Site Development Reviews). Applicants may request site development review to demonstrate that a project meets or exceeds the intent of the standards in this document by other means. The Objective Design Standards shall serve as the basis for evaluating proposed deviations; applicants using a discretionary review process shall refer to the Objective Design Standards to demonstrate how the proposal meets or exceeds the intent of the Newport Beach Development Code. B. Intent. The objective design standards are intended to result in quality design of multi -unit residential and mixed -use development. Review under these standards supports development that builds on context, contributes to the public realm, and provides high quality and resilient buildings and public spaces. These standards -shall be applied uniformly and without discretion to enhance the built environment for both affordable and market - rate multi -unit residential development. C. Applicability. The standards shall be used for review of multi -unit development applications, including by -right and discretionary applications. The development standards in this subsection shall apply to residential and mixed -use development projects that include a residential density of a minimum of 20dwelling units per acre, which is calculated as an average over a project site. When an applicant elects to deviate from these objective development standards, approval of site development review by the Planning Commission shall be required in compliance with Chapter 20.52.080. The Planning Commission may waive any of the design and development standards in this section upon finding that: 1. The strict compliance with the standards is not necessary to achieve the purpose and intent of this section; and 2. The project possesses compensating design and development features that offset impacts associated with the modification or waiver of standards. D. General Standards 23-179 1. Multi -unit development orientation shall comply with the following standards: a. Residential developments with more than 8 buildings shall provide a minimum of two (2) distinct color schemes. A single -color scheme shall be dedicated to no less than 30 percent of all residential buildings. b. Residential developments with 30 or more buildings shall provide a minimum of three (3) distinct color schemes. The number of buildings in single style shall be no less than 30 percent. c. Pedestrian linkages to nearby neighborhoods, schools, parks, commercial projects, and parking areas shall be provided. d. Visual interest shall be provided through architectural variety, especially where several new buildings face streets, such as by using different layouts and/ or architectural features. Abutting buildings shall have complimentary architectural styles. e. Except for garage entrances, structured parking shall not be visible from the primary streets or any public open space, unless treated in an architectural manner subject to the approval of the Director. f. Loading docks and service areas on a corner lot must be accessed from the side street. g. In order to accommodate a minimum of one vehicle entering the facility, controlled entrances to parking facilities (gates, doors, etc.) shall be located a minimum of 18 feet from the back of sidewalk. 2. Mixed -use buildings orientation shall comply with all the standards mentioned above and the following standards: a. Commercial/office unit entrances shall face the street, a parking area, or an interior common space. b. Entrances to residential units shall be physically separated from the entrance to the permitted commercial uses and clearly marked with a physical feature. 23-180 Buildings along streets and open space shall provide visual interest by using different form, color, and materials E. Orientation 1. Building entries shall face the primary public street with direct pedestrian connections to the public sidewalks, unless determined to be infeasible due to topographic constraints by the Director. Pedestrian connections to the public sidewalks shall also be provided to parking areas and publicly accessible open space. For larger sites with multiple buildings, building entries may also be oriented to face internal open spaces, paseos, and recreation amenities. 2. Parking areas, covered and uncovered, shall be screened from public street frontages. Screening may be accomplished through building placement, landscaping, fencing, or some combination thereof. 3. For multi -unit projects located across the street from a single -unit family zoning district, parking lot areas and carports shall not be located along the single -unit neighborhood street frontages. 4. Buildings shall be arranged to provide functional common outdoors spaces (such as courtyards, paseos, or parks) for the use of residents. 23-181 I Public Street Public Street Building entries shall face a public street, internal open space, or paseo F. Parking Standards 1. Parking Lots. Parking shall comply with standards as specified in NBMC Section 20,40.070. a. Parking lots shall be placed to the side or rear of buildings. Parking lots shall be connected to building entrances by means of internal pedestrian walkways. 23-182 b. In surface parking lots with 10 or more spaces, a minimum of 14 square feet of landscape area shall be provided per parking space. Landscaping may be provided in parking lot planters and/or for perimeter screening. Perth glo[ta iidx or•d panlnd I tM hull mng ` : +1 AV& ParklfiaMt aecufW and aCr"rba try r"Oes. Waft.and ian dG C aping Parking lots shall be shielded from view from adjoining streets 2. Residential Garages a. Street -facing garage doors serving individual units that are attached to the structure must incorporate one or more of the following so that the garage doors are visually recessive and complementary to other building element: i. Garage door windows or architectural detailing consistent with the main dwelling. ii. Arbor or other similar projecting feature above the garage doors. 3. Parking Structures and Loading Bays a. Parked vehicles at each level within the structure shall be shielded from view from adjoining streets. b. The exterior elevations of parking structures shall be designed to minimize the use of blank concrete facades. This shall be accomplished through the use of decorative textured concrete, planters or trellises, or other architectural treatments. 23-183 r r PF A Parking structures shall be shielded from view from adjoining streets G. Common ❑pen Space 1. The required front yard area shall not be counted toward satisfying the common recreation area requirement. 2. Residential unit entries shall be within a 114 mile walking distance of common open space. 3. Pedestrian walkways shad connect the common open space to a public right-of-way or building entrance. 4. Open space areas shall not be located directly next to arterial streets, service areas, or adjacent commercial development to ensure they are sheltered from the noise and traffic of adjacent streets or other incompatible uses. Alternatively, a minimum of ten (10) foot wide, dense landscaping area shall be provided as screening, but does not count towards the open space requirement. 5. An area of usable common open space shall not exceed an average grade of ten (1 0) percent. The area may include landscaping, walks, recreational facilities, and small decorative objects such as artwork and fountains. 6. All common open spaces shall include seatings and lighting. 23-184 H. Recreation Amenities 1. All play areas shall be located away from high automobile traffic and shall be situated for maximum visibility from the dwelling units. 2. Senior housing and/or housing for persons with disabilities shall be exempt from the requirement to provide play areas, but shall provide areas of congregation that encourage physical activity. 3. One common recreational amenity shall be provided for each 50 units or fraction thereof. Facilities that serve more people could be counted as two amenities. Examples of amenities that satisfy the recreational requirements include: a. Clubhouse at a minimum of 750 square feet. b. Swimming Pool at a minimum of 15x30 feet or equal surface area. 23-185 c. Tennis, Basketball or Racquetbail court. d. Children's playground at a minimum of 600 square feet. e. Sauna or Jacuzzi. f. Day Care Facility. g. Community garden. h. ❑ther recreational amenities deemed adequate by the Director. _ago 23-186 I. Landscaping. All landscaping shall comply with all standards as specified in Chapter 20.35. 1. A minimum of 8 percent of the total site shall be landscaped. Required setbacks and parking lot landscaping may be counted toward this requirement. 2. Landscaping materials shall comply with the following: a. Ground cover instead of grass/turf; and/or b. Decorative nonliving landscaping materials including, but not limited to, sand, stone, gravel, wood or water may be used to satisfy a maximum of 25 percent of the required landscaping area. c. Turf areas shall be placed in areas for recreational use only and must have a 10 foot minimum dimension. 3. Landscaping and irrigation shall follow local and regional requirements and guidance for approved plant lists to meet the needs of local conditions, where available. For plants and planting materials addressing water retention areas, recommended resources include the Low Impact Development Manual for Southern California prepared by the Southern California Stormwater Monitoring Coalition, State of California Model Water Efficient Landscape Ordinance (MWELO) or Newport Beach Municipal Code Chapter 14.17 (Water -Efficient Landscaping). 23-187 I j. Frontage Types and Standards. Frontage is the side of a building facing a public street right- of-way. 1. Storefronts for ground floor commercial in mixed -use projects. A frontage that reinforces the commercial character and use of the ground floor of the building. The elevation of the ground floor is located at or near the grade of sidewalk to provide direct public access into the building. a. The ground floor elevation shall be located at the elevation of the sidewalk to minimize the need for external steps and ramps at public entrances. b. Entrance shall be emphasized and clearly recognizable from the street. One or more of the following methods shall be used to achieve this result: i. Projecting non -fabric awnings or canopies above an entry (covered entry); I Varied building mass above an entry, such as a tower that protrudes from the rest of the building surface; iii. Special corner building entryway treatments, such as a rounded or angled facets on the corner, or an embedded corner tower, above the entry; iv. Special architectural elements, such as columns, porticoes, overhanging roofs, and ornamental light fixtures; v. Projecting or recessed entries ❑r bays in the facade; vi. Recessed entries must feature design elements that call attention to the entrance such as ridged canopies, contrasting materials, crown molding, decorative trim, or a 45-degree cut away entry; or vii. Changes in roofline or articulation in the surface of the subject wall. 23-188 c. Windows and/or glass doors shall cover not less than 50 percent of the first floor elevation along street frontages. d. At least 25 percent of the surface area of each upper floor facade shall be occupied by windows. e. Development with retail, commercial, community or public uses on the ground floor shall have a clear floor to floor height of at least 15 feet. Floor -to -floor height may be reduced on sloping sites. f. The minimum height for awnings or marquees is 8 feet above finished grade and the maximum height for awnings or marquees is 12 feet above finished grade; except as otherwise required in the Building Code approved by the City. Ground Floor Commercial Residential Flats - Retail/C 23-189 23-190 2. Live-work/office fronts. A frontage that reinforces both residential and work activities that can occur in the building. The elevation of the ground floor is located at or near the grade of sidewalk to provide direct public access to the building. a. The ground floor elevation shall be located near the elevation of the sidewalk to minimize the need for external steps and ramps at public entrances. b. All ground floor tenant spaces that have street frontage shall have entrances on a facade fronting a street. All other ground floor uses may have a common lobby entrance along the front facade or private entrances along other facades. c. Entrances to upper floor units may be provided through a common lobby entrance and/or by a common entrance along a facade fronting a street. d. At least 40 percent of the surface area ❑f the ground floor facade shall be occupied by display windows or translucent panels. e. At least 25 percent of the surface area of each upper floor facade shall be occupied by windows. f. The ground floor shall have a clear floor -to -ceiling height of at least 12 feet. g. The minimum height for awnings or marquees is 8 feet above finished grade and the maximum height for awnings or marquees is 12 feet above finished grade; except as otherwise required in the Building Code approved by the City. h. If the front facade is set back from the public sidewalk, the setback shall be landscaped and/or improved as an extension of the public sidewalk. 23-191 Ground Floor Live - Work 1 Office Residential Ground floor - 4' common rooms ❑r live I work 12 feet (min,) 23-192 i TS-Tr� P r1 3. Residential fronts. A frontage that reinforces the residential character and use of the buildings. The elevation of the ground floor is typically elevated above the grade of the lot to provide privacy for residences by preventing direct views into the home from the sidewalk. Applicable to buildings with no commercial use on the ground floor. a. residential frontages reinforce the residential character and use of the building. The ground floor may be elevated a maximum of 36 inches above the grade of the nearest adjacent public or private sidewalk to provide privacy for residences by preventing direct views into the home. i. Garages facing a public street shall not exceed 40 percent of the length of the building facade. li. Entrances to ground floor units that have street frontage may be provided through a common lobby entrance and/or by private entrances from the adjacent sidewalk. Fi. Entrances to upper floor units may be provided through a common lobby entrance and/or by a common entrance along a facade fronting a street. iv. At least 20 percent ❑f the surface area of the ground and upper floor facade shall be occupied by windows. v. If the front facade is set back from the public sidewalk, the setback shall be landscaped (excluding stoops/front porches and paved paths to building entrances). 23-193 23-194 Ph IAramWa f y, Y �S" 11111110 it: Crandall AramWa ! . , . .J }i y� l4 NMI -� w. 66-01. Ground Floor Residential Ground floor residential ra' no more than 36 inches abo►► 1 a sidewalk level feet lit {min_) level K. Walls and Fences 4_s;.3phic ciedif a=:r 1. Community perimeter or theme walls shall be solid decorative block walls. 2. Wail materials shall be brick, slump stone, tile, textured concrete, stucco on masonry, steel framing, or other material walls which require little or no maintenance. Plain concrete block walls (i.e. precision block) nor chain link fencing with inserts shall not be used as wall materials. 3. The style of the wall shall be the same or similar to the architectural style of the project. 4. All exterior perimeter walls located along public streets shall have an offset of a minimum of 5 feet deep for every 50 linear feet to 75 linear feet of the wall length, or be screened by a minimum of 2 feet of landscaping depth. 5. Retaining walls within a street facing setback and visible from the public sidewalk shall not exceed 4 feet in height and shall provide a minimum of ZS inches deep landscape in front of the wall. 23-196 71) Ad +I Ph ❑ta cxrstiii: Cr�1@ail Rr�fa � i� 1 L. Utilities 1. All utility equipment shall be located out of the pedestrian path of travel, All utility equipment shall be purposefully and aesthetically placed adjacent t❑ alleyways, within parking areas, rear or side yards, or within building "notch outs" and screened from public view. 2. If the mechanical equipment cannot be placed In rear or side yards, it shall be either placed on the ground and screened with landscape, or placed on the roof and screened with architectural materials such as roof ❑r parapet consistent with the overall architectural style. 3. Al electrical utility equipment, electrical meters, and junction boxes shall be placed within a utility room. If a utility room is not feasible, then all utility equipment shall be purposefully designed as an integral part of the building development, placed adjacent to alleyways, within parking areas, or within rear or side yards, and screened from public view. M. Private Street Standards. The intent of Private Street realm standards is to foster a low speed, multi -modal internal site circulation network. Streets shall provide a limited amount ❑f curbside parking for visitors, loading, service, and accessible ADA spaces. The streets shall be designed as an amenity for the site, including surface treatments and landscaping similar in character and quality t❑ any paseos or common open space. 1. Private Street Right -of -Way. All new multi -unit development sites that provide private streets shall comply with a minimum width right-of-way standard. a. When on -street parallel parking is not provided, the right-of-way width shall be 41 feetin width. 23-198 b. When on -street parallel parking is provided, the right-of-way width shall be 50 feet in width. 2. Private Street Zones. Three zones as described below comprise the right-of-way. Variations in width reflect the presence or absence of on -street parking: a. Street Zone (SZ). Streets shall be 26-35 feet in width from curb -to -curb designed to provide motor vehicle and bicycle access. All Police and Fire emergency and maintenance vehicle access standards shall be met. Parallel curbside parking shall be permitted within roadways. Angled or head -in parking shall be prohibited. b. Sidewalk Zone (SWZ). A minimum of one SWZ, 5-feet-wide, shall be provided.. When on -street parking is provided, the SWZ shall be on the side of street with parking. Shrubs, ground cover, and street trees are prohibited in the zone. c. Landscaping and Paving Zone (LPZ). There shall be a minimum 5-foot Landscaping and Paving Zone. The zone is intended to provide a transition between the street and private residences. Landscaping shall comprise a minimum of 20 percent of the total building frontage(s) area. Landscape planting beds shall have a minimum width of 3 feet. Paving stone, brick or concrete unit pavers or poured in place concrete with integral color pigments is permitted in the Zone. Steps are permitted to above grade first floor entrances. 23-199 V 3 E 7 F q .7 Parking Not Provided (When on -street parking not provided) Parking Provided (When on -street parting is provided) ai ID 23-200 w AW N. Private Driveway Standards. The intent of Driveway standards is to provide motor vehicle access to private garages and service areas, pedestrian access between residential garages and doors, and private or public street network. 1. Private Driveway Right -of -Way. All private driveways shall comply with a 26-foot minimum width fire apparatus access standard. No dead-end driveway shall exceed 1 SO feet in length. 2, Driveway Zones. Two zones described below comprise the driveway: a, Driveway Zone (DZ). Paving shall be asphalt, stone, brick or concrete unit pavers or poured in place concrete with integral color pigment. Stamped concrete shall be prohibited. b. Landscape and Paving Zone (LP2). A 4-foot minimum width zone shall be provided. The Zone shall be landscaped a minimum of 20 percent of the total site abutting a building. A combination of vines, ornamental, grasses, shrubs, ground cover, and ornamental trees shall be provided. Landscaping in pots is permitted. 23-201 Minimum Buil sac or rolled O. Publicly Accessible Open Space (PAOS) Standards. PAOS is intended to serve as an amenity for multi -unit tenant and surrounding neighborhood residents, employees and visitors. The PAOS shall be configured as passive paseo or promenade mobility corridors that provide walking and biking connections through or along the development site, or more active 23-202 courtyard gathering spaces that can be the focus for adjacent ground floor uses, especially where ground floor commercial is provided. The PADS shall be contiguous, universally accessible, and shall be connected directly to adjacent public realm. Development sites that meet all requirements for providing PADS, shall include ❑ne of the options as specified. OPTIONS Promenades Courtyards Paseos ® MuItJ-use path or sidewalk QDevelopment Parcel V net acre minimum) Q PAOS (minimum 3 percent of site) Courtyard PAOS 1. Required PADS. Development sites with a combined street frontage 200 feet ❑r greater in width and a total development site area of 1 acre or greater sha11 provide a minimum ❑f 3 percent PAOS of the net site area. All PADS shall be in addition to all residential zoning common open space. 2. Site Area Calculations. The net site area shall be the total site area minus the following: a. Public Easements. Total area measured between the right-of-way line to the build -to -line. b. Utility Easements. The total area required easements for public utilities through the site. 3. PAOS Design Standards. a. Minimum PAOS width. No paseo, promenade, or courtyard right-of-way shall be no narrower than 20 feet in width. if incorporated in a development plan, paseos or promenades shall include an 8-foot minimum width path; all courtyards shall include a minimum 5-foot minimum width path. 23-203 b. Access. All PADS multi -use path access -ways shall be dedicated as a public easement subject to restrictions on hours of use. Paseo Accessible open Space Promenade Publicly Accessible Open Space P. Facade Modulation Standards. The intent of the standards is to modulate the building's massing and volume— the external dimensions comprising of height, length, width, and depth in a manner that results in buildings that are In proportion to development site context and provides opportunities for applied facade plane and surface architectural visual interest. All multi -unit dwellings, or multi -unit components of mixed -use buildings shall be modulated both vertically and horizontally. Modulation standards are provided for density ranges that correlate with multi -unit building typologies. Townhome buildings shall adhere to standards for buildings up to 30 dwelling units per acre and apartment buildings shall follow standards for buildings with greater than 30 dwelling units per acre. Applicants shall select a set of standards based upon the density of the building. Where development sites are of sufficient size to accommodate multiple building typologies with varying densities, the following Design Standards shall apply to each typology separately. Density allocations may be transferred within a contiguous property. Q. Vertical Modulation The intent of the standards is to minimize the perceived height of a building by visually organizing the facade in a manner that reflects the function of the underlying building floor(s) through the use of varied yet uniform application of height, form, material, and color articulation. 1. Components. All buildings shall be organized into an identifiable base, middle, and top to differentiate the first floor and upper function of the building. This tripartite articulation provides opportunities to create varied application of materials, color, and fenestration. 23-204 Modern or contemporary building architecture may be approved at the discretion of the Director. a. Base. For multi -story buildings, the first floor primary facade shall constitute the building's base. b. Middle. The primary facade of floor(s) above the base and below the top shall constitute the middle. c. Top. The primary facade of the uppermost floor(s) to the parapet or ridge line of a building and any facade of a floor(s) that steps back shall constitute the building's to P. Buildings shall be vertically modulated with a base, middle, and top Buildings shall be horizontally modulated with recesses or projections 2. Vertical Modulation Changes in Facade Material and/or Color a. Banding. Use of functional and/or decorative horizontal facade belt course, trim, or other projections or recesses at floor lines between the base, middle, and top. The 23-205 projection or recess shall have a minimum height of 12 inches and a depth of 4 inches. b. Floor Heights. Change in floor -to -floor facade heights at the second floor or above. No middle or top floor -to -floor height shall be less than 10 feet. c. Fenestration. Changes in building window and door widths, heights, depths, materials, and colors. Changes in trim and inclusion or absence of shutters, mullions, muntins, transoms or other window components. d. Cladding Material. Buildings may express vertical modulation by providing a change of cladding materials to denote base, middle and top. Buildings using cladding material to provide vertical modulation are not required to provide banding. For buildings one hundred feet in height, a curtain wall system may be used above the building base. 3. Additional Vertical Modulation Standards a. First Floor Height. The minimum fist finished floor to second finished floor plate elevation shall be: i. 10 feet- for buildings with density of less than 30 dwelling units per acre. ii. 12 feet - for buildings with density greater than 30 dwelling units per acre, developed as residential only. iii. 15 feet - for buildings with a density greater than 30 dwelling units per acre with commercial uses on the ground floor. b. Vertical Variation. Base, middle and top facade divisions shall be consistent with the underlying floor plate heights. i. Density of less than 30 dwellings per acre — combining, omitting, increasing or decreasing the base or middle facade division height along building frontages shall be prohibited. ii. Density of greater than 30 dwellings per acre— increasing the base and decreasing the middle facade division height shall be permitted for any building facade greater than 60 feet in length. Stepping of plate heights shall be limited to no more than 1/3 of any total facade frontage length. 23-206 es infagade als & colors es in •ation Ig at nes imurrl I nor •.al 'rrsn7a! N.7rGU Less than 30 Dwelling unit per acre minimum base density buildings (townhome) V, maximum Rla do of pal apelllna Pftmary tarade rnaf6ria is 8 colors i Tuu Top clado Ing I matellal& color middle I e I lfasr l � I ` Change In floor Change in to floor helaht fenestration — Middle cladding matodal & color Basv cladding HIM rui8 color ed-WNt "air r� 1r41`10.i 30+ Dwelling unit per acre minimum base density buildings (apartment) R. Horizontal Modulation The intent of the standards is to shorten the perceived length and mass of a building by providing facade recesses and projections that break up the horizontal thrust of a building. The modulation provides opportunities to accentuate and draw visual attention to key building features such as stairwells, elevators, lobbies, and entries, and create usable open spaces such as courtyards. Horizontal modulation is intended to be complemented and strengthened by accompanying application of different facade materials, color, and fenestration; and layering of additional recessed and projected architectural elements such as bays, balconies, and patios. 1. Building Standards for Developments with Density of tress than 30 dwelling per acre a. Maximum building length. No building shall be greater than 150 feet in )ength, 23-207 b. Required minimum modulation area. A minimum of 10 percent of the total facade area shall be horizontally modulated. c. Minimum depth. All recesses or projections shall be a minimum of 2 feet in depth. d. Maximum number. No facade shall have no more than 2 total recesses or projections per facade. 2. Building Standards for Development with Density of 30 dwellings per acre or greater. a. Maximum facade length. Buildings in excess of 200 feet shall have a horizontal massing break of no less than 20 feet with a depth of 15 feet for every 200 feet of additional overall length. b. Required minimum modulation area. A minimum of 10 percent of the total facade area shall be horizontally modulated. c. Minimum depth. All recesses or projections shall be a minimum of 4 feet in depth. d. Minimum width. All recesses or projections shall be a minimum of 20 feet in width. e. Maximum number. No facade shall have no more than 4 total recesses or projections per facade. 23-208 Dili 11 I IA 111 III 111 111 + _I gli , ,,,_ 111 Ai! 111 111 II•t1 Willl p lii lt� r �h� l�Ir� ■ 11+ li>I�il1� Total recessed or leng-w— projected facade area i ?rimaryfagade GrapRlc vedii Covdall Wvwlb,la Less than 30 Dwelling unit per acre minimum base density buildings Excludes balconies, 10 percent minimum Minimum depth patios, bays or f total facade area oriel forms 1 i Excludes -...•-... _ j top floor �d► �i �, Fj - stapback _ •1 -fill, r' �p _ •_.1 'i I tt k- I7Afaatminimum —--rrietft -_- - street rl apN C u?rm t;l anda l P1a ftla Total recessed or projected facade area Primary facade 30+ Dwelling unit per acre minimum base density buildings S. First Floor Opening and Transparency Standards 23-209 The standards are intended to foster passive 'eyes on the street' surveillance of the public realm by providing an adequate number of clear and direct sightlines between first floor residences and adjacent public realm sidewalks and common areas without compromising residential livability, privacy, and security. For multi -unit buildings with commercial first floor uses, the standards are intended to provide a greater amount of visibility of merchant goods and services for potential walking, rolling, or driving -by clients or customers. For all buildings, the standards apply only to portions of the first floor that contain residential or commercial conditioned/occupied floor areas fronting streets and open common open space. 1. Building Standards for Developments with Density of less than 30 dwellings per acre. a. Minimum Opening Standard. For any at -grade or above -grade residential first floor unit fronting a street or paseo, the building frontages shall be comprised of a minimum 20 percent transparent glazed door and window openings. 2. Building Standards for Developments with Density of 30 dwellings per acre or greater a. Minimum Opening Standard. First floor multi -unit building frontages shall be comprised of transparent glazed door and window openings as follows: i. 25 percent - for any at -grade or above -grade residential first floor unit fronting a street or paseo. ii. 50 percent - for any mixed use multi -unit building with a first floor commercial use fronting a street, courtyard or paseo. ]U- 46 perce ns mrnrmum oiwergS TO Feet atlove finish.d flap/ First boor ralcul�aon arEa Finished flood — —. oiMINn No WA !own ` _ First floor facade I� First Boor open Ings Less than 30 Dwelling unit per acre minimum base density buildings 23-210 ao-7 a percen t minurivm opening 7fi']CO finished fk rirstl Calculation First finis) f uiapw�dl.ranna+kair•. ��� Firsi Sloor fa cede Firsiflaor openings Excluded non-0ccupfed uses 30+ Dwelling unit per acre minimum fuse density buildings T. First floor Entry Standards The intent of the standard is to locate building individual unit and lobby entries along street frontages to foster pedestrian neighborhood access and street -oriented activity. Unobstructed sight lines and pedestrian access from the public sidewalk shall be provided. The standards d❑ not apply to service and loading entrances. 3. Individual Residential Unit Entrances a. Residential Front Door Standards. At -grade or above -grade first floor individual residential units' entrances shall be accessed directly adjacent public realm or common area unless determined not feasible by the Director or due to site topographic considerations. i. Minimum entry to sidewalk width — walkway, ramp, and stairs connecting to the public sidewalk shall be a minimum of 5 feet in width. ii. Entry stoop, terrace and patio area — if proposed, entry terraces and patio areas shall be a minimum of 40 square feet. If proposed, entry stoops shall be a minimum of 20 square feet excluding any required stairs or ramp area. 2. Lobby Entrances a. Standards. Lobby entrances shall be located at -grade, unless determined not feasible by the Director. Residential and commercial lobby entrances shall be accessed directly from the adjacent public realm or PADS. i. No lobby door setback is required. ii. Minimum entry sidewalk width - where entries are setback, walkway width connecting to the sidewalk zone shall be a minimum of 6 feet. 23-211 iii. Entry landing area - shall be a minimum of 60 square feet. iv. Prohibited - lobby entrance primary entries are prohibited from driveways, at -grade parking lots, parking structures, or alleys unless required due to topographic conditions. Primary Primary Minimum entry 200aquare4001 minimum entrance facade Selback entry stoop or terrace uj"T' _ .. �. public "IM - p- Prlmary Facade I� stoop, terrace or patio ® Primary entrance Individual residential unit front door standards Lobby entrances shall be accessed directly from the street 23-212 Attachment E Resolution No. 2024-52 Authorizing Submittal of the Local Coastal Program Amendment 23-213 RESOLUTION NO. 2024- 52 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, AUTHORIZING SUBMITTAL OF A LOCAL COASTAL PROGRAM AMENDMENT TO THE CALIFORNIA COASTAL COMMISSION TO AMEND THE CITY OF NEWPORT BEACH COASTAL LAND USE PLAN AND TITLE 21 (LOCAL COASTAL PROGRAM IMPLEMENTATION PLAN) OF THE NEWPORT BEACH MUNICIPAL CODE RELATED TO THE IMPLEMENTATION OF THE HOUSING ELEMENT (PA2022-0245) 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, California Government Code Section 65580 et seq. ("State Housing Element Law") requires each city and county adopt a housing element that identifies and analyzes existing and projected housing needs within their jurisdiction and prepare goals, policies, and programs, and quantified objectives to further the development, improvement, and preservation of housing; WHEREAS, Section 30500 of the California Public Resources Code requires each county and city to prepare a Local Coastal Program ("LCP") for that portion of the coastal zone within its jurisdiction; WHEREAS, the California Coastal Commission effectively certified the City's Local Coastal Program Implementation Plan on January 13, 2017, and the City added Title 21 (Local Coastal Program Implementation Plan) ("Title 21") to the Newport Beach Municipal Code ("NBMC") whereby the City assumed coastal development permit issuing authority on January 30, 2017; WHEREAS, the City's General Plan Land Use Element is a mandatory element that governs the ultimate pattern of development and requires updating as necessary for consistency with other General Plan elements; 23-214 Resolution No. 2024- Page 2 of 7 WHEREAS, every eight years, State Housing Element Law requires the City to update its General Plan Housing Element to identify and analyze existing and projected housing needs for the City along with a housing plan that provides adequate land use capacity to meet those needs; WHEREAS, the City was assigned a Regional Housing Needs Assessment ("RHNA") allocation of 4,845 new units as its projected housing need for the planning period covering 2021-2029 and, as a result, the City worked diligently to prepare its 6th Cycle Housing Element in compliance with state law; WHEREAS, preparation of the 6th Cycle Housing Element involved extensive public participation with community groups at numerous workshops, as well as meetings with the Planning Commission and City Council, and was assisted by an ad -hoc committee called the Housing Element Update Advisory Committee ("HEUAC") formed and appointed by the City Council; WHEREAS, after several meetings with the State Department of Housing and Community Development ("HCD") and numerous drafts, the City Council adopted the final 6th Cycle Housing Element on September 13, 2022; WHEREAS, HCD certified the City's 6th Cycle Housing Element on October 5, 2022, as statutorily compliant with state law; WHEREAS, Section 4 (Housing Plan) of the 6th Cycle Housing Element presents a framework and strategy for meeting the needs of existing and future resident populations in Newport Beach based on the RHNA allocation of 4,845 new housing units, the "fair share" of regional housing need and demand, by planning for units within the following site groupings or "focus areas" that are best suited for residential growth: Airport Area Environs, West Newport Mesa, Newport Center, Dover/Westcliff, and Coyote Canyon; WHEREAS, the 6t1 Cycle Housing Element opportunity sites are to be rezoned per Housing Element Policy Actions 1 A through 1 F to accommodate the City's RHNA obligation, including a buffer necessary to address future "no net loss" of available sites and to preclude the need to identify replacement sites during implementation; WHEREAS, the rezoning includes the establishment of overlay zoning districts and accompanying development standards, as well as corresponding amendments to the General Plan Land Use Element and the Local Coastal Program; 23-215 Resolution No. 2024- Page 3 of 7 WHEREAS, to comply with state law, the City has been working diligently to implement the 6th Cycle Housing Element no later than February 2025 ("6th Cycle Housing Element Implementation"), which requires the following amendments and actions: • General Plan Amendment ("GPA") - To revise the necessary goals and/or policies within the City's Land Use Element to support housing production in the focus areas identified by the 6th Cycle Housing Element; • Amendment to Title 20 (Planning and Zoning) ("ZCK) - To implement the Land Use Element's policy changes by allowing housing development as an opportunity and establishing appropriate objective design and development standards for multi -unit residential and mixed -use development projects; • Local Coastal Program Amendment ("LCPA") - To revise and create new policies within the City's Coastal Land Use Plan and update Title 21 (Local Coastal Program Implementation Plan) of the NBMC to support housing production in the focus areas identified by the 6th Cycle Housing Element that are within the Coastal Zone; and • Program Environmental Impact Report ("PEIR") (SCH No. 2023060699) - To analyze potential environmental impacts under the California Environmental Quality Act ("CEQA") related to the 6t1 Cycle Housing Element Implementation, a Draft Housing Element Implementation Program Amendments Program Environmental Impact Report ("Draft PEIR"), to address reasonably foreseeable environmental impacts resulting from the 6th Cycle Housing Element Implementation; WHEREAS, the 6th Cycle Housing Element Implementation must take effect by February 2025 to avoid significant penalties and loss of local control dictated by state law, which may include, but are not limited to: • Increased exposure to public and private litigation; • Loss of permitting authority; • Financial penalties including monthly fines of up to $600,000; • Loss of eligibility for state and regional funding sources; • Court receivership; • Allowing housing developers to bypass the City's zoning requirements; and • Increased exposure to monitoring by the newly formed Housing Accountability Unit of HCD; 23-216 Resolution No. 2024- Page 4 of 7 WHEREAS, City staff worked closely with the community through the City Council -appointed General Plan Advisory Committee ("GPAC") and General Plan Update Steering Committee ("GPUSC") from March 2023 to August 2023 to draft Land Use Element goals and policies that support 6th Cycle Housing Element Implementation; WHEREAS, the draft GPA that was supported by the GPAC and the GPUSC was posted online on August 30, 2023, with additional public comments and participation at the Planning Commission Study Session on September 21, 2023, and the City Council Study Session on February 13, 2024; WHEREAS, the draft GPA was revised and reposted online on January 16, 2024, and March 28, 2024, based on the public's input; WHEREAS, a public hearing was held by the Planning Commission on April 18, 2024, in the Council Chambers at 100 Civic Center Drive, Newport Beach, California to consider the actions and amendments required for the 6th Cycle Housing Element Implementation. A notice of time, place, and purpose of the hearing was given in accordance with Government Code Section 54950 et seq. ("Ralph M. Brown Act"), Chapter 20.62 (Public Hearings) and Chapter 21.62 (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 conclusion of the public hearing, the Planning Commission adopted Resolution No. PC2024-006 by a unanimous vote (5 ayes, 2 recusals) recommending the City Council certify the Housing Element Implementation Program Amendments Draft PEIR and approve the 6th Cycle Housing Element Implementation; WHEREAS, California Public Utilities Code ("CPUC") Section 21676(b) requires the City to refer the 6th Cycle Housing Element Implementation to the Orange County Airport Land Use Commission ("ALUC") to review for consistency with the 2008 John Wayne Airport Environs Land Use Plan ("AELUP"); WHEREAS, on May 16, 2024, the ALUC determined the 6th Cycle Housing Element Implementation is inconsistent with the AELUP; 23-217 Resolution No. 2024- Page 5 of 7 WHEREAS, pursuant to Sections 21670 and 21676 of the CPUC, the City Council held a duly noticed public hearing on May 28, 2024, and adopted Resolution No. 2024- 32 (7 ayes, 0 nays), to notify the ALUC and State Department of Transportation Aeronautics Program of the City's intent to override ALUC's inconsistency finding and on May 29, 2024, the City issued the Notice of Intent to Override ALUC's determination and received two comments in response; WHEREAS, a public hearing was held on July 23, 2024, by the City Council in the Council Chambers located at 100 Civic Center Drive, Newport Beach, California to consider the 6t" Cycle Housing Element Implementation, including consideration of certifying the PEIR, adoption of CEQA Findings, Mitigation Monitoring and Reporting Program and a Statement of Overriding Considerations. A notice of time, place, and purpose of the hearing was given in accordance with CPUC Section 21676(b), the Ralph M. Brown Act, Chapter 20.62 (Public Hearings), Chapter 20.66 (Amendments), and Chapter 21.62 (Public Hearings) of the NBMC, and City Council Policy K-1 (General Plan and Local Coastal Program) and City Council Policy K-3 (Implementation procedures for the California Environmental Quality Act). Evidence both written and oral, was presented to, and considered by, the City Council at this hearing; and WHEREAS, pursuant to Section 13515 of the California Code of Regulations Title 14, Division 5. 5, Chapter 8 ("Section 13515"), drafts of the LCPA were made available and a Notice of Availability was distributed on April 15, 2024, at least six weeks prior to the anticipated final action date. NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: The City Council finds amendments to the LCP are legislative acts. Neither Title 21 nor State Planning Law set for any required findings for either approval or denial of such amendments. Notwithstanding the foregoing, the LCPA is consistent with the corresponding GPA and ZCA. Section 2: The City Council does hereby make the findings attached hereto as Exhibit "A" and incorporated by reference and authorizes staff to submit this LCPA to amend portions of the Coastal Land Use Plan and Title 21, as set forth in Exhibits "B" and "C," which are attached hereto and incorporated by reference, to the California Coastal Commission for review and approval. 23-218 Resolution No. 2024- Page 6 of 7 Section 3: The Housing Element Implementation Program Amendments Final PEIR (SCH No. 2023060699) was prepared for the 6th Cycle Housing Element Implementation (also referred to as the "Project") in compliance with the California Environmental Quality Act ("CEQA") as set forth in the Public Resources Code Section 21000 et seq., Title 14, Division 6, Chapter 3 of the California Code of Regulations ("CEQA Guidelines"), and City Council Policy K-3 (Implementation Procedures for the California Environmental Quality Act). On July 23, 2024, the City Council adopted Resolution No. 2024- , to certify the PEIR as complete and adequate, inclusive of all required findings, a statement of overriding considerations, and a mitigation monitoring reporting program. The City Council hereby finds that the action to adopt this Resolution approving the LCPA was considered within the PEIR. Resolution No. 2024- is hereby incorporated by reference. Section 4: This LCPA shall not become effective until voter approval set forth in Section 8 below followed by approval by the California Coastal Commission and adoption, including any modifications suggested by the California Coastal Commission, by resolution and/or ordinance of the City of Newport Beach. Section 5: This LCPA, if approved, will be carried out fully in conformity with the California Coastal Act. Section 6: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution. Section 7: 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. 23-219 Resolution No. 2024- Page 7 of 7 Section 8: This resolution shall take effect upon approval of the Land Use Element Amendment by a majority (50%+1) of the electorate voting on it at the General Municipal Election on November 5, 2024, and the City Clerk's certification of the vote. ADOPTED this 231d day of July, 2024. Will O'Neill Mayor ATTEST: Leilani I. Brown City Clerk APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Cc��--`- Aaro C. Harp City Attorney Attachments: Exhibit "A" — Findings for Approval Exhibit "B" — Amendment to Coastal Land Use Plan Exhibit "C" — Amendment to Title 21 (Local Coastal Program Implementation Plan) 23-220 EXHIBIT ' A" Findings for Approval General Finding: An amendment to the City's Local Coastal Program is a legislative act. Neither Title 21 (Planning and Zoning) of the NBMC nor California Government Code Section 65000 et seq., set forth any required findings for approval of such amendments. Notwithstanding the foregoing, the following amendments to the Local Coastal Program will create internal consistency with the certified 6th Cycle Housing Element: Facts in Support of Finding: 1. The Local Coastal Program ("LCP"), including the Coastal Land Use Plan and the Implementation Plan (Title 21) are designed to implement the General Plan within the Coastal Zone in furtherance of the California Coastal Act. Since the 6th Cycle Housing Element Implementation involves an amendment to the General Plan and Title 20 (Planning and Zoning) affecting several properties within the Coastal Zone, it is necessary to also amend the LCP to achieve the goals and policies. 2. The LCP Amendment ("LCPA"), attached to this resolution as Exhibits "B" and "C" incorporated herein, including the Housing Opportunity (HO) Overlay Coastal Zoning Districts with associated development standards, are consistent with the implementation program in the Housing Plan of the Housing Element, as discussed in Resolution No. 2024- under the Findings for the General Plan Amendment. The LCPA will enable the implementation of the Housing Element's key objective, which is to accommodate the development of housing projects to fulfill City's "fair share" of regional housing need and demand. 23-221 EXHIBIT "B" Amendment to Coastal Land Use Plan Policy 2.1.2-1 of the CLUP is revised as follows: Development in each district and corridor shall adhere to policies for land use type and density/intensity contained in Table 2.1.1-1, except as modified in Sections 2.1.3 to 2.1.8, and 2.1.11. Policy 2.1.10-1 of the CLUP is revised as follows: Land uses and new development in the coastal zone shall be consistent with the Coastal Land Use Plan Map and all applicable LCP policies and regulations, except as modified by all Policies in the 2.1.11 series. New Policy 2.1.11-1 is inserted and reads as follows: Accommodate housing opportunities through the adoption of housing opportunity overlay coastal zoning districts or other land use regulatory policy. The following areas are intended to be consistent with the Housing Element's focus areas. Properties within each overlay coastal zoning district should include, but are not limited to, sites identified in the Housing Element; however, not all sites must be included, and other sites may be identified in the future through rezoning unless precluded by state law. The City will reserve 25% of allocated dwelling units within the Coastal Zone until such a time as the City's Local Coastal Program has been amended to allow for housing consistent with the implementation of the 6t" Cycle Housing Element. Following the City's Local Coastal Program Amendment, priority for the reserved units will be given to sites located within the Coastal Zone. The goal is to ensure an adequate number of sites Citywide to accommodate the City's allocation of the Regional Housing Needs Assessment: ■ Airport Environs: the intent is to support a density between 20 and 50 dwelling units per gross acre to accommodate up to 2,577 total dwelling units within the entire area, inclusive of those properties in the Coastal Zone. ■ West Newport Mesa: the intent is to support a density between 20 and 50 dwelling units per gross acre to accommodate up to 1,107 total dwelling units within the entire area, inclusive of those properties in the Coastal Zone. ■ Newport Center: the intent is to support a density between 20 and 50 dwelling units per gross acre to accommodate up to 2,439 total dwelling units within the entire area, inclusive of those properties in the Coastal Zone. ■ Dover / Westcliff: the intent is to support a density between 20 and 50 dwelling units per gross acre to accommodate up to 521 total dwelling units within the entire area, inclusive of those properties in the Coastal Zone. 23-222 New Policy 2.1.11-2 is inserted and reads as follows: Residential use of any property included within an established housing opportunity overlay coastal zoning district is allowed regardless of and in addition to the underlying land use category or density limit established herein. An amendment to the Coastal Land Use Plan is not required to develop a residential use within an established housing opportunity zoning overlay coastal zoning district. The maximum density specified for the various overlay coastal zoning districts specified in Policy 2.1.11-1 is an average over the entire property or project site. For example, a portion of a development site may be developed at a higher density than specified by Policy 2.1.11-1 provided other portions of the site are developed at lower densities such that the average does not exceed the maximum. Density calculations and total units do not include units identified as pipeline units or units permitted pursuant to State density bonus law. New Policy 2.1.11-3 is inserted and reads as follows: Residential opportunities are in addition to existing uses allowed by the Coastal Land Use Plan. Properties within the established overlay coastal zones are not required to be developed for mixed -use or residential. Existing uses may continue to operate provided they are legally established and consistent with policies and regulations related to legal nonconforming uses. The adoption of housing opportunity overlay coastal zoning districts shall not affect existing rights to use the property. New Policy 2.1.11-4 is inserted and reads as follows: If residential or mixed -use projects pursuant to a housing opportunity overlay coastal zoning district are developed, projects shall be consistent with applicable overlay coastal zoning district or Implementation Plan requirements unless modified consistent with an established procedure to grant relief from standards (e.g., Coastal Modification or Variance, or the application of Density Bonus regulations). 23-223 EXHIBIT "C" Amendment to Title 21 (Local Coastal Program Implementation Plan) Chapter 21.28 (Overlay Coastal Zoning Districts) of the NBMC is amended to include a new Section 21.28.070 (Housing Opportunity [HO] Overlay Coastal Zoning District) as follows: Chapter 21.28 OVERLAY COASTAL ZONING DISTRICTS (MHP, PM, B, C, H, AND HO) Sections: 21.28.010 Purposes of Overlay Coastal Zoning Districts. 21.28.020 Mobile Home Park (MHP) Overlay Coastal Zoning District. 21.28.030 Parking Management (PM) Overlay District. 21.28.040 Bluff (B) Overlay District. 21.28.050 Canyon (C) Overlay District. 21.28.060 Height (H) Overlay District. 21.28.070 Housing Opportunity (HO) Overlay Coastal Zoning Districts. Section 21.28.010 (Purposes of Overlay Coastal Zoning Districts) is amended to include a new Subsection (F) as follows: F. HO (Housing Opportunity) Overlay Coastal Zoning Districts. The HO Overlay Coastal Zoning Districts are intended to accommodate housing opportunities consistent with the Housing Element's focus areas and to ensure the City can meet its allocation of the Regional Housing Needs Assessment (RHNA). The specific areas are identified in Part 8 of this title (Maps). New Section 21.28.070 (Housing Opportunity [HO] Overlay Coastal Zoning Districts) is incorporated into the Chapter as follows: 21.28.070 Housing Opportunity (HO) Overlay Coastal Zoning Districts. A. Applicability. This section applies to properties located in one of the Housing Opportunity (HO) Overlay Coastal Zoning Districts, as identified in Part 8 of this title. This includes the following subareas: 23-224 1. HO-1 - Airport Area Environs Area - The Airport Area Environs Area is located north of the Upper Newport Bay Nature Reserve, primarily around the John Wayne Airport. 2. HO-2 - West Newport Mesa Area - The West Newport Mesa Area is located near the southwest corner of the City and primarily consists of industrial properties along 16th Street, Production Place, and 15th Street. 3. HO-3 - Dover-Westcliff Area - The Dover-Westcliff Area includes property on both sides of West Coast Highway and the west of Dover Drive. Properties in the Lido Village area are included. 4. HO-4 -Newport Center Area -The Newport Center Area is generally bounded by San Joaquin Hills Road, MacArthur Blvd, Coast Highway, and Jamboree Road. The above listed are general descriptions of each subarea and additional properties may be included with the subarea. To be eligible for the provisions of this chapter, the property must be listed on the HO area map as an "Opportunity Site". B. Uses Allowed. The following uses shall be permitted in the Housing Opportunity (HO) Overlay Coastal Zoning Districts: 1. Any use that is permitted or conditionally permitted in the base zone; 2. Multiple -unit development that meets the density requirements set forth in this section; 3. Mixed -use development that includes a residential component which complies with the minimum density set forth in this section; and 4. Residential supporting uses such as leasing/sales/property management offices, fitness facilities, recreation facilities, etc. C. Subarea Development Standards. 1. Development Standards. The following development standards shall apply to any residential or mixed -use project permitted pursuant to this section. Unless otherwise modified bythis section, all applicable development standards, including any adopted objective design standards, shall apply. 23-225 TABLE 21.28-1 DEVELOPMENT STANDARDS FOR HOUSING OPPORTUNITY OVERLAY ZONES Development Housing Opportunity Subareas Feature HO-1 HO-2 HO-3 HO-4 Lot Size/Dimension Per Base Zone Lot area required per unit (sq. ft.)' Minimum: 2,178 (20 du/ac) Maximum: 871 (50 du/ac) Minimum: 2,178 (20 du/ac) Maximum: 871 (50 du/ac) Setbacks Front 0 ft.(2) 10 ftj2) 10 ft.(2)(3) 0(2) Rear 0 20 ft. 20 ft. 0 Side 0'(4) Street Side 0(2) 10 ft.(2) 10 ft.(2) 0 ft.(2) Height Per Base Zone unless otherwise identified on the map 65 ft. 65 ft.(5) Per Base Zone (6) Building Separation 10 ft. Floor Area Ratio (FAR) No restriction (6) Common Open Space(') Minimum 75 square feet/dwelling unit. (The minimum dimension [length and width] shall be 15 feet.) Private Open Space 5% of the gross floor area for each unit. (The minimum dimension [length and width] shall be 6 feet.) Fencing See Section 21.30.040 (Fences, Hedges, Walls, and Retaining Walls). Landscaping See Section 21.30.075 (Landscaping) and 21.30.085 (Water Efficient Landscaping). Lighting See Section 21.30.070 (Outdoor Lighting). Parking I See Subsection (D)(2) below and Chapter 21.40 (Off -Street Parking). Signs I See Chapter 21.30.065 (Sign Standards). (1) Minimum/maximum allowable density range may be based on an average density of the entire project site, excluding density bonus units. (2) Any portion of the building that is over 20 feet in height shall be setback a minimum 20 feet from the street right-of- way. (3) Except in the Mixed -Use Mariners Mile (MU-MM) Zoning District wherein residential uses are only allowed beginning 100 feet north of Coast Highway. (4) The combined total from both sides shall be 15 feet. (5) The height shall be limited to 35 feet in the Shoreline Height Limit Area, as identified in Map H-1. (6) The FAR in this table only applies to residential floor area, including any supporting facilities. In mixed -use developments, the FAR for nonresidential is still applicable. (7) For purposes of this section, common and private open space in HO-1 may include enclosed shared amenities such as a clubhouse, swimming pool, tennis court, basketball court, racquetball court, weightlifting facility, children's playground equipment, sauna, jacuzzi, day care facility, or any other recreational amenities/facilities as deemed appropriate by the Community Development Director. 23-226 2. Airport Area Environs Area (HO-1). The following development standards shall only apply to projects with the Airport Area Environs Area: a. Sound Mitigation. The interior ambient noise level of all new residential dwelling units shall meet applicable standards of the Section 10.26.030 (Interior Noise Standards). An acoustical analysis report, prepared by an acoustical engineer, shall be submitted describing the acoustical design features of the structure that will satisfy the interior noise standard. The residential units shall be constructed, and noise attenuated in compliance with the report. b. Advanced Air Filtration. The design of all new residential and mixed -use residential developments shall include advanced air filtration systems to promote cleaner air within living environments. c. Notification to Owners and Tenants. A written disclosure statement shall be prepared prior to sale, lease, or rental of a residential unit within the development. The disclosure statement shall indicate that the occupants will be living in an urban type of environment adjacent to an airport and that the noise, odor, and outdoor activity levels may be higher than a typical suburban residential area. The disclosure statement shall include a written description of the potential impacts to residents of both the existing environment (e.g., noise from planes, commercial activity on the site and vehicles streets) and potential nuisances based upon the allowed uses in the zoning district. Each and every buyer, lessee, or renter shall sign the statement acknowledging that they have received, read, and understand the disclosure statement. A covenant shall also be included within all deeds, leases or contracts conveying any interest in a residential unit within the development that requires: (1) the disclosure and notification requirement stated herein; (2) an acknowledgment by all grantees or lessees that the property is located within an urban type of environment and that the noise, odor, and outdoor activity levels may be higher than a typical suburban residential area; and (3) acknowledgment that the covenant is binding for the benefit and in favor of the City of Newport Beach. 3. West Newport Mesa Area (HO-2). The following development standards shall only apply to projects with the West Newport Mesa Area: a. West Newport Mesa Streetscape Master Plan. Any residential or mixed -use residential development shall implement applicable components of the adopted West Newport Mesa Streetscape Master Plan. 23-227 D. General Development Standards. The following development standards shall apply to all projects within the Housing Opportunity zone, regardless of subarea: 1. Landscaped Setbacks. All front and street side setbacks shall be landscaped, except for areas that provide vehicle and pedestrian access to the right-of-way. 2. Residential Off -Street Parking Requirements. Residential parking requirements for projects within the Housing Opportunity Overlay Zones shall be provided in accordance with Table 21.28-2 below. Parking for all other uses not included in this table shall be provided in accordance with Chapter 21.40 (Off -Street Parking Requirements) of the NBMC. TABLE 21.28-2 RESIDENTIAL OFF-STREET PARKING FOR HOUSING OPPORTUNITY COASTAL OVERLAY ZONES Land Use Subtype Parking Requirement Residential Studio 1.1 spaces per dwelling unit (Rental) 1 Bedroom 1.5 spaces per dwelling unit 2 Bedrooms 1.8 spaces per dwelling unit 3 Bedrooms 2.0 spaces per dwelling unit Visitor Parking 0.3 spaces per dwelling unit Residential Studio 1.4 spaces per dwelling unit (Ownership) 1 Bedroom 1.8 spaces per dwelling unit 2 Bedrooms 1.8 spaces per dwelling unit 3 Bedrooms 2.0 spaces per dwelling unit Visitor Parking 0.3 spaces per dwelling unit Part 8. Maps, Chapter 20.80 (Maps) is amended to include new Section 21.80.032 (Housing Opportunity Overlay Districts Maps) as follows: Sections: 21.80.010 21.80.020 21.80.025 21.80.030 21.80.032 21.80.035 21.80.040 Chapter 21.80 MAPS Area Maps. Bluff Overlay. Canyon Overlay. Height Limit Areas. Housing Opportunity Overlay Districts Maps. Parking Management Overlay District Maps. Setback Maps. 23-228 21.80.055 Planned Community Site Plans. 21.80.065 Planned Community Land Use Maps. Section 21.80.032 (Housing Opportunity Overlay Zoning Districts Maps) is added in its entirety to include an indexing of maps as follows: H0-1 - Airport Area Environs Area (PDF) 1-10-2 - West Newport Mesa Area (PDF) 1-10-3 - Dover-Westcliff Area (PDF) 1-10-4 - Newport Center Area (PDF) The corresponding maps for each of the Housing Opportunity Overlay Coastal Zoning Districts, as indexed in Section 21.80.032 and linked as a PDF, are to be in a similar format to the following series of maps beginning on the next page: 23-229 Legend Housing Opportunity Sites Overlay (Coastal Zone) ^ Housing Opportunity Sites Overlay 111111 Coastal Zone Boundary Q60' maximum O35' maximum Y I \ J 11� HO-1 Airport Area Environs Area Cur of Nwwp4rr 6aaeh G75 O:.ixwn ` � 23-230 _ _legend Housing Opportunity Sites Overlay (Coastal Zone) Housing Opportunity Sites Overlay Coastal Zone Boundary f - j ( Ny is r. uNE HO-2 West Newport Mesa Area �"` ' _ Cry o� Na•.parr }eah - W5 Oi.iaw lane 20, ?0]i 23-231 i Legend Housing Opportunity Sites Overlay (Coastal Zone) Housing Opportunity Sites i ,MIKE Coastal Zone Boundary 1, Ji J�L Zt 1 HO-3 Dover-Westcliff Area NE c r �� ugayor ss=sr. 23-232 Legend MHousing Opportunity Sites Overlay (Coastal Zone) i Housing Opportunity Sites 7 11293D Coastal Zone Boundary I! 7 i� - i �_jj�__ t ^fit 7 � iF �- r H0 4 Newport Center Area C r ! N ..Pori 1—h -'�` GIS P�•ivan mate ve.u.n ,..-r., .crca.R.o 23-233 Attachment F Resolution No. 2024-53 Overruling ALUC 23-234 RESOLUTION NO. 2024- 53 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, FINDING THE HOUSING ELEMENT IMPLEMENTATION AMENDMENTS CONSISTENT WITH THE PURPOSES OF THE STATE AERONAUTICS ACT AND OVERRIDING THE ORANGE COUNTY AIRPORT LAND USE COMMISSION'S DETERMINATION OF INCONSISTENCY WITH THE 2008 JOHN WAYNE AIRPORT ENVIRONS LAND USE PLAN (PA2022-0245) 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, California Government Code Section 65580 et seq. ("State Housing Element Law") requires each city and county adopt a housing element that identifies and analyzes existing and projected housing needs within their jurisdiction and prepare goals, policies, and programs, and quantified objectives to further the development, improvement, and preservation of housing; WHEREAS, the City's General Plan Land Use Element is a mandatory element that governs the ultimate pattern of development and requires updating as necessary for consistency with other General Plan elements; WHEREAS, every eight years, State Housing Element Law requires the City to update its General Plan Housing Element to identify and analyze existing and projected housing needs for the City along with a housing plan that provides adequate land use capacity to meet those needs; WHEREAS, the City was assigned a Regional Housing Needs Assessment ("RHNA") allocation of 4,845 new units as its projected housing need forthe planning period covering 2021-2029 and, as a result, the City worked diligently to prepare its 6th Cycle Housing Element in compliance with state law; 23-235 Resolution No. 2024- Page 2 of 7 WHEREAS, preparation of the 6th Cycle Housing Element involved extensive public participation with community groups at numerous workshops, as well as meetings with the Planning Commission and City Council, and was assisted by an ad -hoc committee called the Housing Element Update Advisory Committee ("HEUAC") formed and appointed by the City Council; WHEREAS, after several meetings with the State Department of Housing and Community Development ("HCD") and numerous drafts, the City Council adopted the final 6th Cycle Housing Element on September 13, 2022; WHEREAS, HCD certified the City's 6th Cycle Housing Element on October 5, 2022, as statutorily compliant with state law; WHEREAS, Section 4 (Housing Plan) of the 6th Cycle Housing Element presents a framework and strategy for meeting the needs of existing and future resident populations in Newport Beach based on the RHNA allocation of 4,845 new housing units, the 'fair share" of regional housing need and demand, by planning for units within the following site groupings or "focus areas" that are best suited for residential growth: Airport Area Environs, West Newport Mesa, Newport Center, Dover/Westcliff, and Coyote Canyon; WHEREAS, the 6t1 Cycle Housing Element opportunity sites are to be rezoned per Housing Element Policy Actions 1A through 1 F to accommodate the City's RHNA obligation, including a buffer necessary to address future "no net loss" of available sites and to preclude the need to identify replacement sites during implementation. WHEREAS, the rezoning includes the establishment of overlay zoning districts and accompanying development standards, as well as corresponding amendments to the General Plan Land Use Element and the Local Coastal Program; WHEREAS, to comply with state law, the City has been working diligently to implement the 6th Cycle Housing Element no later than February 2025 ("6th Cycle Housing Element implementation"), which requires the following amendments and actions: • General Plan Amendment ("GPA") - To revise the necessary goals and/or policies within the City's Land Use Element to support housing production in the focus areas identified by the 6th Cycle Housing Element; 23-236 Resolution No. 2024- Page 3 of 7 • Amendment to Title 20 (Planning and Zoning) ("ZCA") - To implement the Land Use Element's policy changes by allowing housing development as an opportunity and establishing appropriate objective design and development standards for multi -unit residential and mixed -use development projects; • Local Coastal Program Amendment ("LCPA") - To revise and create new policies within the City's Coastal Land Use Plan and update Title 21 (Local Coastal Program implementation Plan) of the Newport Beach Municipal Code ("NBMC") to support housing production in the focus areas identified by the 60 Cycle Housing Element that are within the Coastal Zone; and • Program Environmental Impact Report ("PEIR") (SCH No. 2023060699) - To analyze potential environmental impacts under the California Environmental Quality Act ("CEQA") related to the 60 Cycle Housing Element Implementation, a Draft Housing Element Implementation Program Amendments Program Environmental Impact Report ("Draft PEIR"), to address reasonably foreseeable environmental impacts resulting from the 6th Cycle Housing Element Implementation; WHEREAS, the 6th Cycle Housing Element Implementation must take effect by February 2025 to avoid significant penalties and loss of local control dictated by state law, which may include, but are not limited to: • Increased exposure to public and private litigation; • Loss of permitting authority; • Financial penalties including monthly fines of up to $600,000; • Loss of eligibility for state and regional funding sources; • Court receivership; • Allowing housing development projects to bypass the City's zoning requirements; and • Increased exposure to monitoring by the newly formed Housing Accountability Unit of HCD; 23-237 Resolution No. 2024- Page 4 of 7 WHEREAS, City staff worked closely with the community through the City Council -appointed General Plan Advisory Committee ("GPAC") and General Plan Update Steering Committee ("GPUSC") from March 2023 to August 2023 to draft Land Use Element goals and policies that support 6th Cycle Housing Element Implementation; WHEREAS, the draft GPA that was supported by the GPAC and the GPUSC was posted online on August 30, 2023, with additional public comment and participation at the Planning Commission Study Session on September 21, 2023, and City Council Study Session on February 13, 2024; WHEREAS, the draft GPA was revised and reposted online on January 16, 2024, and March 28, 2024, based on the public's input; WHEREAS, a public hearing was held by the Planning Commission on April 18, 2024, in the Council Chambers at 100 Civic Center Drive, Newport Beach, California to consider the actions and amendments required for the 6th Cycle Housing Element implementation. A notice of time, place, and purpose of the hearing was given in accordance with Government Code Section 54950 et seq. ("Ralph M. Brown Act"), Chapter 20.62 (Public Hearings) and Chapter 21.62 (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 conclusion of the public hearing, the Planning Commission adopted Resolution No. PC2024-006 by a unanimous vote (5 ayes, 2 recusals) recommending the City Council certify the Housing Element Implementation Program Amendments Draft PEIR and approve the 6th Cycle Housing Element Implementation; WHEREAS, California Public Utilities Code ("CPUC") Section 21676(b) requires the City to refer the 6th Cycle Housing Element Implementation to the Orange County Airport Land Use Commission ("ALUC") to review for consistency with the 2008 John Wayne Airport Environs Land Use Plan ("AELUP"); WHEREAS, on May 16, 2024, the ALUC determined the 6th Cycle Housing Element Implementation is inconsistent with portions of the AELUP, as provided in ALUC's determination attached as Exhibit 'A" and incorporated herein by reference; 23-238 Resolution No. 2024- Page 5 of 7 WHEREAS, pursuant to Sections 21670 and 21676 of the CPUC, the City Council may, after a public hearing, propose to overrule ALUC with a two-thirds vote, if it makes specific findings that the Project is consistent with the purpose of Section 21670 of the CPUC to protect the public health, safety, and welfare by ensuring the orderly expansion of airports and the adoption of land use measures that minimize the public's exposure to excessive noise and safety hazards within areas around public airports to the extent that these areas are not already devoted to incompatible uses; WHEREAS, a public hearing was held by the City Council on May 28, 2024, in the Council Chambers located at 100 Civic Center Drive, Newport Beach, California. A notice of time, place, and purpose of the hearing was given in accordance with CPUC Section 21676(b) and the Ralph M. Brown Act. Evidence both written and oral, was presented to, and considered by, the City Council at this hearing; WHEREAS, at the conclusion of this hearing, the City Council adopted Resolution No. 2024-32 by a unanimous vote (7 ayes, 0 nays) to notify the ALUC and State Department of Transportation Aeronautics Program ("Aeronautics Program") of the City's intent to override ALUC's inconsistency finding; WHEREAS, notice of the City's intent to override the ALUC inconsistency determination, along with Resolution No. 2024-32 was sent via certified mail and emailed to the ALUC and the Aeronautics Program on May 29, 2024; WHEREAS, the City received two comments in response to the notice of the City's intent to override the ALUC inconsistency determination from the Aeronautics Program and ALUC in accordance with CPUC Section 21676, which are attached hereto as Exhibits "B" and "C" respectively, and incorporated herein by reference; and WHEREAS, a public hearing was held on July 23, 2024, by the City Council in the Council Chambers located at 100 Civic Center Drive, Newport Beach, California to consider the 6th Cycle Housing Element Implementation, including consideration of certifying the PEIR, adoption of CEQA Findings, Mitigation Monitoring and Reporting Program and a Statement of Overriding Considerations. A notice of time, place, and purpose of the hearing was given in accordance with CPUC Section 21676(b), the Ralph M. Brown Act, Chapter 20.62 (Public Hearings), Chapter 20.66 (Amendments), and Chapter 21.62 (Public Hearings) of the NBMC, and City Council Policy K-1 (General Plan and Local Coastal Program) and City Council Policy K-3 (Implementation procedures for the California Environmental Quality Act). Evidence both written and oral, was presented to, and considered by, the City Council at this hearing. 23-239 Resolution No. 2024- Page 6 of 7 NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: The City Council has evaluated the comments provided as Exhibits "B" and "C" from the reviewing agencies, and does hereby make the findings necessary to override the ALLIC's determination attached hereto as Exhibit "D," and incorporated herein by reference. Section 2: The Housing Element Implementation Program Amendments Final PEIR (SCH No. 2023060699) was prepared for the 61h Cycle Housing Element Implementation (also referred to as the "Project") in compliance with the California Environmental Quality Act ("CEQX) as set forth in the Public Resources Code Section 21000 et seq., Title 14, Division 6, Chapter 3 of the California Code of Regulations ("CEQA Guidelines"), and City Council Policy K-3 (Implementation Procedures for the California Environmental Quality Act). On July 23, 2024, the City Council adopted Resolution No. 2024- , to certify the PEIR as complete and adequate, inclusive of all required findings, a statement of overriding considerations, and a mitigation monitoring reporting program. The City Council hereby finds that the action to adopt this Resolution approving the GPA was considered within the PEIR. Resolution No. 2024- is hereby incorporated by reference. Section 3: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution. Section 4: 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. 23-240 Resolution No. 2024- Page 7 of 7 Section 5: 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 23rd day of July, 2024. Will O'Neill Mayor ATTEST: Leilani I. Brown City Clerk APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Aaron C. Harp City Attorney Attachment(s): Exhibit "A" — Orange County Airport Land Use Commission Inconsistency Determination dated May 23, 2024 Exhibit "B" — Comment Letter from California Department of Transportation Aeronautics Program dated June 21, 2024 Exhibit "C' — Comment Letter from Orange County Airport Land Use Commission elated June 28, 2024 Exhibit "D" — Findings to Override ALUC's Determination 23-241 EXHIBIT "A" Orange County Airport Land Use Commission inconsistency Determination dated May 23, 2024 CNtANGE COUNTY /Lit+C. May 212024 Aipzpou LAND USE COMMISSION i=OR ORANGE COUNTY 3160 Airway Avenue • Costa Mesa, Calffornia 92626 - 9492S2.5170 Fax: 949.252.6812 BenZdeba, Principal Planner City of Newport Beach 100 Civie Center Drivc Newport Beach, CA 92660 Subject: ALUC Detennination for Huusing Element Implementation Program Amcttdments (Proposed Amendments to the General Pi an Land Use Element, Title 20 (Planning and "Zoning) of the Newport Beach Municipal Code (NBMC), and Local Coastal Program Dear Mr, zdeba: During the public meeting held on May 16, 2024, the Airport Land Use Commission (ALUC) for Orange County considered the subject item. The matter was duly discussed, and with a 7-4 vote, the Comntission found the Housing Element Implementation Prugram Amendmcnis (Proposed Amendments to the General Plan band Use Element. Title 20(Planning and Zoning) of the Newport�ch Municipal Cudv (NBMC), and Local Coastal Pro to be Inconsistent with the Airport Environs Land Uso !'lan for John Wavne airport (AELUP for JIVA) per: 1. Section 2.1.1 Aircraft Noise that the "aircraft noise emanating from airports may be incompatible with general we)Foe or the inhabitants within the vicinity of an airport" 2. Section 2J.2 Safety Compatibility Zones in which "the purpose or thcsc 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 ] WA." Section 2.1.4, and PUC Section 21674 which state that the Conunission is charged by PUC Section 21674(a) "to assist local agencies in ensuring compatible land uses in the vicinity of ...existing airports to the extent that the land in the vicinity of those airports is not already devoted to incompatible uses," and PUC Section 21674(b) "to coordinate planning at the state, regional and local levels so as to provide for the orderly development of air transportation, while at the same time protecting the public health, safety and we] fare." 4. 3.2.1 General Policy ol'the AELUP which states that the General Land Use policy ofthe Airport Land Use Commission for Orange County shall be "Within the boundaries of the AEL UP, any land use may be found to be Inconsistent with the AELUP which... places people so that they are affected adversely by aircraft noise..." 23-242 Please contact me i f you have any questions regarding this proceeding. Thank you. Sincerely, J � Julie Fitch Interim Executive Officer cc: ALUC 23-243 EXHIBIT "B" Comment Letter from California Department of Transportation Aeronautics Program dated June 21, 2024 CALIFORNIA STATE iRANSPCRLAIION AGENCY California Department of Transportation AERONAUTICS PROGRAM 0IVI5I0N OfTRANSPORTATION PLANNING P.O. Box 942a73. M5 40 1 SAC RAMENTO. CA 94273 0001 1916) 654-4959 Www.d2t.carpor June 21. 2024 Ben Zdeba, AICP, Principal Pionner City of Newport Beach Community Development Department 100 Civic Center Drive Newport Beach, CA 92660-3267 Dear Mr. Ideba: GAVIN NEWSOM, GOVERNOR row. raftarAF Electronically Sent <bzdeba q newnortbeochco.aav> The Aeronautics Program ;Program) of the California Department of Transportation (Caltrans) thanks the City of Newport Beach (City) for providing the Notice of Intent, dated May 29, 2024, to overrule a determination of the Orange County Airport Land Use Commission (ALUC). The ALUC has reported that the Housing Element Implementation Program Amendments Project (Project) is inconsistent with the Airport Environs Land Use Plan (AELUP) for the John Wayne Airport (JWAJ. The Notice of Intent concerns the City's Resolution fNo.) 2024-32 (Resolution), and specific "Facts in Support" relafed to the AELUP. In advance of a public hearing on the Resolution to consider overruling the ALUC's determination, the Program is providing the following comments pursuant to California Public Utilities Cade (PUC) section 21676. The Program supports the position of the ALUC in noting that the City has provided insufficient support for an Overrule. The ALUC has noted the following reasons this Project update is incompatible with the AELUP: 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 on airport by establishing compatibility and safety standards to promote air navigational safely and to reduce potential Sofety hoiards for persons living, working or recreating near JWA." 3. Section 2.1.4, and PUC Section 21674 which state that the Commission is charged by PUC Section 21674(a) "to assist local agencies in ensuring compatible land uses in the vicinity of... existing airports to the extent that the land in the vicinity of those airports is not already devoted to incompatible uses," and PUC Section 21674(b) "to coordinofe planning at the state, regional and local levels so as to provide for the orderly development of air transportation. while at the some time protecting the public health. safety and welfare." 4. Section 3.2.1. General Policy of the AELUP which states chat the General Land Use policy of the Airport Land Use Commission for Orange County shall be "Within the "Pro+noe a We and rabobie trart5poel00on network mat serves all peopie and respects the enwor+menfi" 23-244 Ben Zdeba. Principal Planner June 21, 2024 Page 2 boundaries of the AELUP. any land use may be found to be Inconsistent with the AELUP which places people so that they are affected adversely by aircraft noise..:' The Program notes that the intent of the Handbook guidance aims to ensure the safety of both the aviation community and the community members surrounding an airport. Within Phis framework, the ALUC has determined that the City has inadequately addressed the safety concerns related to the proposed significant increase of housing density within airport safety zones. The Project also proposes to raise the allowed height of structures in close proximity to JWA. The Program emphasizes that many, if not all, of the proposed height increases will require a Federal Aviation Administration (FAA) obstruction analysis to ensure that structures will not penetrate Federal Aviation Regulation (FAR) Part 77 surfaces. or the evaluation may specify obstruction mitigation. Lostly, the Program notes that many proposed housing sites are within the 65 CNEL noise contour. The Program strongly recommends that the Lead Agency or authority having jurisdiction require developers to adequately design structures to ensure interior noise levels below 45 dB and to hold final permitting until the developer can demonstrate adequate interior noise attenuation. The Program concurs with the ALUC's determination that the Housing Element Implementation Program Amendments Project is inconsistent with the Airport Environs Land Use Plan for John Wayne Airport. This conclusion is based on insufficient findings by the City and the safety concerns for public health and welfare posed by allowing housing in incompatible sorely zones and noise contours. In addition, Section 21675.1(f) provides: If a city or county overrules the commission pursuant to subdivision(d) with respect to a publicly owned airport that the city or county does not operate, the operator of the airport is nat liable for damages to property or personol injury resulting from the city's or county's decision to proceed with the action, regulation, or permit. Please note: The Program comments are to be included in the public record of any decision to overrule the ALUC. If you have questions or if we may be of further assistance, please contact me by email at ionathan,huff a Qot.co.aov or cap (916) 879.6528. Sincerely, Originally signed by Jonathan Fluff Associate Transportation Planner Caltrans Aeronautics c: Lea U. Choum, Executive Officer, Orange County Airport Land Use Commission <,ALUCinfo&1ocoir.com>; Matthew Friedman. Chief of Aviation Planning. Caltrans Aeronautics rmotthew.friedmon Q dot.ca.rgov> bc: Lan Thou, Deputy district director. District 12, <1an.zhou1Adot.ca. ova "Provide a s&e and reliable Iranspartaf on nerwori thaf serves all people and respeCtS the environment" 23-245 EXHIBIT "C" Comment Letter from Orange County Airport Land Use Commission dated June 28, 2024 ❑ocuSgn EnvNope JD. 5EaE1 -6A-350E-4116-BDBO-aYKiDDS�rO3M 2 OR�Cloullly .�►zav— June 28. 2024 AIRPORT LAND USE COMMISSION FOR ❑RANGE COUNTY 3160 Airway Avenue • Costa Mesa, California 92626. 949.252.5170 tax: 949.252.6012 BenLdeba, A1CP, Principal Planner City of Newport Beach Community Development Department 100 Civic Center Drive Newport Beach, CA 92660 Subject: Response to Notice or Intent to Overrule the Airlvrt Land Use Commission For Orange County Determination on Housing Element implcmentation Program Amendments Dear Mr. Zdcba, We arc in receipt of the City of Newport Beach (City) letter dated May 29, 2024, and City Council Resolution No. 2024-32 notifying the Airport. Land Use Commission (ALtIC) for Orange County of the City's intent to averrule the ALUC's inconsistency determination on the proposed Housing Element Implementation Program Amendments including proposed amendments to the General Plan Land Use Element, Title 20 (Planning and Zoning) of the Newport Beach Municipal Code (NBi\4Q, and Local Coastal Prognun. In accordance with Section 21676 of the Public Utilities Cade, the ALUC submits the following comment,; addressing the proposed overrule findings for the above -referenced project. These comments shall be included in the public record of a final decision to overrule the A LUC. Picuse be advised that California Public Utilities Code (PUC) Section 21678 states: "With respect to a publicly owned airport that a public agency does not operate, if the public agency pursuant to Section 21676, 21676.5, or 21677 overrules a commission's action or recommendation, the operator of the airport shall he immune fi-um liability for damages to property orperstmal injury canned by or resulting directly or indirectly from the public agency's decision to overrule the commission's action or recommendation." Background On August 17, 2023, the City submitted Housing Flement Implementation - Noise Related Amendments for a consistcncy review. The proposed amendments included amendments to the General Plan including the replacement of the,41,LUP noise contours with more narrow noose contours which were included in 2014 Settlement Agreement EIR 617. ALUC found the Noise - Related Amendments to be inconsistent with the tlEMUPfor Jif A and the City overruled that determination and adopted the Amendments. 23-246 Docu&gn Envelope ID: 5EDE1164-950E-4778-8080-896OD69OW2 Housing Elemem Implemematiun Pnrgrum Amerdmems Overrule Response June28,2024 Page 2 On May 16, 2024, the ALUC for Orange County found the proposed Housing Element Implementation Program Amendments to be inconsistent with the Airport Environs Land Use Phan (AELUP) for John Wayne Airport (JWA) on a 7-0 vote. The inconsistent finding was based on AELUP Sections 2.1.1, 2.1.2, 2.1.4, and 3.2.L Pursuant to Section 1.2 of the AELUP for JWA, the purpose of the AELUP is to safeguard the general welfare of the inhabitants within the vicinity of the airport and to ensure the continued operation of the airport. Specifically, the AELUP seeks to protect the public from the adverse effects of aircraft noise to ensure that people and facilities are not concentrated in areas susceptible to aircraft accidents, and to ensure that no structures or activities adversely affect navigable airspace. Additionally, Section 2.1.4 of the AEL(JP for JWA and PUC Section 21674 charge the Commission to coordinate at the local level to ensure compatible land use planning. Therefore, because of the City's proposed amendments allowing for residential uses within Community Noise Equivalent Levels (CNEL) 60 and 65, and Safety Zones 4 and 6, which include exposure to significant risks, noise and aircraft overflight, the City's proposed actions are inconsistent with the AELUP. ALUC has the following additional comments regarding the findings and facts of support included in Resolution No. 2024-32: Resnonse_to_Finding and Fact in Sunvort A - Regarding Noise Standards: Pursuant to AELU!' Section 2.1.1, ".. . aircraft noise emanating from airports may be incompatible with the general welfare of the inhabitants within the vicinity of an airport..." As noted in the City's discussion, the CNEL standards are set forth in the AELUP. The proposed Housing Element Implementation Program Amendments would further allow residential uses within the JWA 65 dBA and 60 dBA CNEL noise contours. The ALUC believes that these residential units would be highly affected by airport noise due to the close proximity to the airport (some within less than one mile from the runway end and others directly across the street from the airport), regardless of which noise contours are utilized. Resnonse to Fact in SuDoort B - Regardina Safetv: Pursuant to AELUP Section 2.1.2, "[slafety and compatibility zones depict which land uses are acceptable and which are unacceptable in various portions of airport environs. 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." The housing sites in the Housing Element Update, the Noise -Related Amendments, and the Housing Element Implementation Program Amendments include property located in Safety Zone 4 — Outer Approach/Departure Zone, and Safety Zone 6 — Traffic Pattern Zone 6. Many of the sites located in Safety Zones 4 and 6 are also located in the 65 dB CNEL contour. According to the California Airport Land Use Planning Handbook, noise and overflight should be considered in Safety Zone 6 and residential uses should be limited to low density in Safety Zone 4. Flight tracks for the property were included in the ALUC staff report and are attached 23-24 7 DDui5ign Envelope In 5Enlvt764-95GE-477&WRD-8s35DD6!Fj3M2 Ituusi4 Elea [ UplemvRLawn Piogru Amendmea%Chc=tC Kop,ase June 29, 2I124 Pop 3 to this letter. Considering the proposed densities, proximity to JWA and the number of flights over the property. Housing Element Implementation Program Aincndmcnts are inappropriate. Res onse to Fact in S upport C - Rggardin "Intent of the AELUP': By virtue ❑fbeing c}early stated in AELUP forJW,-1 Sections 1, '`Purpose and Scope" and 2A "Planning Guidelines," the ALUC understands the complex legal charge to protect public airports from encroachment by incompatible land use development, while simultaneously protecting the health, safety and welfare of citizens who work and live to the airport's environs. To this end, and as also statutorily required, ALL 1 _ procc:uxiings are buncfitcxl by several members having expertise in aviation. Based upon careful consideration of all information provided, and input from ALUC members with expertise in aviation, the ALUC unanimously found the proposed Housing Element Implementation Program Amendments to he inconsistent with the AEL(iP (nr.JFY,-t, We urge the City Council to take ALUC's concerns into consideration in its deliberations prior to deciding whether to overrule ALUC. In the event the City overrules ALUC's determinations, ALUC requests that individual projects within the airport influenve area are submitted to ALUC for review. Thank you for the opportunity to provide these comments. Sincerely, nou.lgn�e sr 4 , G 4�FCHF �:Mwf.F Gerald A. Bresnahtm Chairman Attachment. John Wayne Airport Flight Tracks cc: Members of Airport [.and Use Commission for Orange County Johnathan Buff, Caltrans,Division of Aeronautics 23-248 JOHN WAYNE AIRPORT ORANGE COUNTY (5 John Wayne Airport Access & I,loise OffC rf-j/-F .y -Y ,. .ter ;e•- �..+.F •'l-:Ciy" Ali �r - - J _ #. x ly ��� � ny, , � Tom.*• �u� �'*,�+ � � �V!�opf� • i� 5�{� r. U John Wayne Airport Altitude Analysis 5$9 Operations Thursday. Apnl d, 2024 23-250 JOHN WAYNE AIRPORT CHANGE CCUNTY _-.mot r Yid `` t. _ _ _�'��,'•' :i��'�41 �T ,�f%f R++ m� ~ � � yet ;4 � - �;-�. � ,�e •ti ' �. � � A Ic 1 {zr- J i John Wayne Airnorl Acness & "�oAe Office r• l ;ter ,y'Giii� �'' J -%,. •'� jam•+ -�z'-J ,' ` T'.• t --. -rt3; zi k• i!firl - ' G5i �k - ... #; -d _nn ! _ "' - -.L_fl! kL EXHIBIT "D" Findings to Override ALUC's Determination The City Council does hereby find that the 6th Cycle Housing Element Implementation is consistent with the purposes of Section 21670 of the CPUC and the AELUP of protecting the public health, safety, and welfare by ensuring the orderly expansion of airports and the adoption of land use measures that minimize the public's exposure to excessive noise and safety hazards within areas around public airports to the extent that these areas are not already devoted to incompatible uses. Findings and Facts in Support of Findings: A. The 6th Cycle Housing Element Implementation is consistent with the noise standards of the AELUP. The AELUP guides development proposals to provide for the orderly development of John Wayne Airport and the surrounding area through implementation of the standards in Section 2 (Planning Guidelines) and Section 3 (Land Use Policies) of the AELUP. 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. A total of 75 new housing opportunity sites are identified in the Airport Area. Of those sites, 56 are located wholly or partially outside the updated 65 dBA CNEL contour boundary as identified by the 2014 John Wayne Airport Settlement Agreement Environmental Impact Report (EIR No. 617). Only 19 new housing opportunity sites are located wholly within the updated 65 dBA CNEL contour boundary. As proposed, residential development would be limited to parcels wholly or partially outside the updated 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 6tn Cycle Housing Element RHNA mandate. 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" and in the 65 dBA to 70 dBA CNEL noise contour (Noise Impact Zone 1) as "High Impact." Section 3, Table 1 (Limitations on Land Use Due to Noise) of the AELUP identifies residential uses as "conditionally consistent" in the 65 dBA CNEL noise contour and "normally inconsistent" in the 70 dBA CNEL noise contour. However, residential uses are not outright prohibited. Instead, Section 3.2.3 of the AELUP 23-252 requires residential uses be developed with advanced insulation systems to bring the sound attenuation to no more than 45 dB inside. In addition, residential uses within the 65 dBA CNEL noise contour area are required to be "indoor -oriented" to preclude noise impingement on outdoor living areas. This is further substantiated and supported by the proposed specific development standards for the Airport Area Environs Area (HO-1), which include enhanced sound mitigation and the allowance of interior amenities that satisfy open space requirements. The existing CNEL noise contours of the AELUP Master Plan date back to 1985 ("1985 AELUP Master Plan"). However, advances in technology warrant an adjustment to the noise contours. Specifically, the Noise Chapter of EIR No. 617, for the 2014 John Wayne Airport Settlement Agreement Amendment, described how the dBA CNEL noise contours have decreased in size compared to the 1985 AELUP Master Plan CNEL noise contours. The 1985 AELUP Master Plan CNEL noise contours are considerably larger than the existing noise contours presented in the 2014 John Wayne Airport Settlement Agreement Amendment largely due to a quieter fleet of existing commercial aircraft and a dramatic reduction in the number of general aviation operations. The noise contours in EIR No. 617 are based on more contemporary noise modeling programs, as EIR No. 617 explained that "one of the most important factors in generating accurate noise contours is the collection of accurate operational data." Airport noise contours generated in the Noise Study for EIR No. 617 used the Integrated Noise Model ("iNM") Version 7.Od which was released for use in May 2013, and is the state -of -art in airport noise modeling. The 6th Cycle Housing Element Implementation is required to ensure the continued and effective implementation of the 6th Cycle Housing Element programs including, but not limited to, the provision of sufficient adequately zoned land to accommodate the City's share of the regional growth and its required share of lower income dwelling units consistent with the RHNA required of the City under State Law. Additionally, by providing uniform and concise conditions of approval identified in the proposed amendments to Title 20 (Planning and Zoning) and Title 21 (Local Coastal Program implementation Plan) of the NBMC, the City has taken actions to address potential environmental constraints in the Airport Area and ensure continued feasibility of sites, to meet its RHNA obligation. 23-253 B. The proposed 6th Cycle Housing Element Implementation 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. Most of the housing opportunity sites, except for portions of six properties, are all within Safety Zone 6. Allowed uses in Safety Zone 6 include residential and most nonresidential uses, except 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 Newport Beach Golf Course and the Young Men's Christian Association properties are included as housing opportunity sites in the 6th Cycle Housing Element. Portions of those properties are within Safety Zone 4 with the remaining portions lying in Safety Zone 6. Safety Zone 4 limits residential uses to very low density (if not deemed unacceptable because of noise) and advises to avoid nonresidential uses having moderate or higher usage intensities. Three small properties along Bristol Street and Zenith Avenue have also been included at the request of the property ownership. Two of these properties are wholly within Safety Zone 3 with the remainder being bisected by both Safety Zones 3 and 6. Safety Zone 3 limits residential uses to very low densities (if not deemed unacceptable due to noise). Given the smaller size of these properties and intervening nonconforming single -unit residential development, a very low -density project is most likely to occur at these sites. The City's General Plan Safety Element Policy S8.6 demonstrates that the City acknowledges the importance of the JWA Safety Zones: "S8.6 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." In accordance with Policy S8.6, the 6th Cycle Housing Element Implementation does not include any housing opportunity sites in the JWA Clear Zone/Runway Protection Zone. Compliance with these policies and regulations will ensure that 23-254 future development within the JWA Airport Planning Area will follow the safety standards of the AELUP. C. The 6th Cycle Housing Element Implementation is consistent with the purpose and intent of the AELUP and will not result in incompatible land uses adjacent to JWA. The standards and policies set forth in AELUP Sections 2 and 3 were adopted to prevent the creation of new noise and safety problems. As set forth above, any development on the proposed housing opportunity sites will comply with the noise criteria and safety standards established in Sections 2 and 3, consistent with policies contained in the amendments to General Plan Land Use Element, Coastal Land Use Plan, Title 20 (Planning and Zoning) and Title 21 (Local Coastal Program Implementation Plan) of the NBMC, including the enhanced development standards related to noise mitigation and air quality. It is also important to emphasize that parcels bisected by the 65 dBA CNEL noise contour of the updated Noise Element could support future housing; whereas parcels located wholly within the 65 dBA CNEL noise contour could support housing, if deemed necessary to satisfy the RHNA mandate. Lastly, compliance with the AELUP and City standards will be also evaluated and demonstrated at the time development projects are proposed in the future. 23-255 Attachment G Resolution No. 2024-54 Calling Election 23-256 RESOLUTION NO. 2024-54 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, CALLING FOR AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION ON TUESDAY, NOVEMBER 5, 2024, FOR THE SUBMISSION OF A PROPOSED AMENDMENT TO THE LAND USE ELEMENT OF THE GENERAL PLAN WHEREAS, under the provisions of Section 1000 of the City of Newport Beach Charter ("Charter"), a General Municipal Election shall be held in the City of Newport Beach on the first Tuesday after the First Monday of November in each even -numbered year for the election of officers and for such other purposes as the City Council may prescribe; WHEREAS, on June 11, 2024, the City Council adopted Resolution No. 2024-33 calling a General Municipal Election to be held on Tuesday, November 5, 2024, for the purpose of the election of members of the City Council to represent the Second, Fifth and Seventh Districts, for a term of four years, which resolution is incorporated herein by this reference; WHEREAS, Charter Section 423 and the Measure S Guidelines require voter approval of any amendment to the General Plan that exceeds certain thresholds; WHEREAS, by adoption of this resolution, the City Council has determined that a proposed amendment to the Land Use Element of the General Plan should be submitted to the voters for approval pursuant to the provisions of Charter Section 423 and the Measure S Guidelines; and WHEREAS, under the provisions of Charter Section 1000, the City Council of the City of Newport Beach desires to call and give notice of a General Municipal Election to be held on Tuesday, November 5, 2024, for the purpose of submitting to the voters a proposed amendment to the Land Use Element of the General Plan. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: Section 1: Pursuant to its right, title and authority under Charter Section 1000, there is hereby called and ordered to be held in the City of Newport Beach, California, on Tuesday, November 5, 2024, a General Municipal Election for the purpose of voting on a proposed amendment to the Land Use Element of the General Plan, as provided for in this resolution. 23-25 7 Resolution No. 2024- Page 2 of 4 Section 2: The City Council, pursuant to its right and authority, does order submitted to the voters at the General Municipal Election on Tuesday, November 5, 2024, the following question: MEASURE Yes CITY OF NEWPORT BEACH GENERAL PLAN - AMENDMENT Shall the General Plan's Land Use Element be amended so the No City of Newport Beach can avoid fines of up to $600,000 per month, losing local control over land use decisions, suspension of authority to issue building permits, and access to state funding, by adding the following State of California mandated residential housing opportunity units in Coyote Canyon (1,530), Dover-Westcliff (521), West Newport Mesa (1,107), the Airport Area (2,577), and Newport Center (2,439)? Section 3: The proposed ballot measure to be submitted to the voters consists of the revisions to the City's General Plan Land Use Element (Policies LU 4.4. and LU 4.5) adopted as part of the Land Use Element Amendment to the General Plan, which are attached hereto as Exhibit 1 and incorporated herein by this reference. Section 4: The vote requirement for the ballot measure to pass is a majority (50% +1) of the votes cast. Section 5: The ballots to be used at the election shall be in form and content as required by law. Section 6: The City Clerk is authorized, instructed, and directed to contract with the County of Orange Registrar of Voters to procure and furnish any and all services, official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary to properly and lawfully conduct the election. Section 7: In accordance with the provisions of law governing Statewide General Election, including Elections Code Section 10418, the precincts, ballot drop box locations and hours of operations, vote center locations and hours of operations, vote -by -mail procedures and timing, the election officers, and all other services, staff, and procedures for the General Municipal Election shall be the same as those utilized by the County of Orange and in compliance with the Elections Code of the State of California. 23-258 Resolution No. 2024- Page 3 of 4 Section 8: In all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections. Section 9: Notice of the time and place of holding the election is given and the City Clerk is authorized, instructed, and directed to give further or additional notice of the election, in time, form, and manner as required by law. Section 10: The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. Section 11: The City Council authorizes the City Clerk to administer said election and all reasonable and actual election expenses shall be paid by the City of Newport Beach upon presentation of a properly submitted bill. Section 12: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution. Section 13: 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. 23-259 Resolution No. 2024- Page 4 of 4 Section 14: The City Council finds the adoption of this resolution to submit to voters a ballot measure that amends the Land Use Element of the General Plan is not subject to the California Environmental Quality Act ("CEQX) pursuant to Section 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. Additionally, the Housing Element Implementation Program Amendments Final Program Environmental Impact Report ("PEIR") (SCH No. 2023060699) addresses all environmental impacts associated with this action in compliance with CEQA as set forth in the Public Resources Code Sections 21000 et seq., the CEQA Guidelines, and City Council Policy K-3 (Implementation Procedures for the California Environmental Quality Act). Specifically, Resolution No. 2024-_, which is hereby incorporated by reference, was adopted by the City Council on July 23, 2024, to certify the PEIR as complete and adequate, inclusive of all required findings, a statement of overriding considerations, and a mitigation monitoring reporting program. The City received two public comment letters during the statutory public comment period and the City responded to each comment and fully addressed all environmental impacts. Council hereby finds that the action to adopt this resolution was considered within the PEIR and no additional environmental review is required. Section 15: 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 23rd day of July, 2024. Will O'Neill Mayor ATTEST: Leilani I. Brown City Clerk APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE 4h- _ C. Aarbn C. Harp City Attorney Attachment: Exhibit 1 - General Plan Land Use Element Policies LU 4.4 and 4.5 23-260 EXHIBIT 1 General Plan Land Use Element Policy LU 4.4 is added in its entirety as follows: LU 4.4 Rezoning to Accommodate Housing Opportunities Accommodate housing opportunities through the adoption of housing opportunity overlay zoning districts or other land use regulatory policy. The following areas are intended to be consistent with the Housing Element's focus areas. Properties within each overlay district should include, but are not limited to, sites identified in the Housing Element; however, not all sites must be included, and other sites or adjustments may be identified in the future through rezoning unless precluded by state law. The goal is to ensure an adequate number of sites Citywide to accommodate the City's overall allocation of the Regional Housing Needs Assessment: • Airport Environs: the intent is to support a density between 20 and 50 dwelling units per gross acre to accommodate up to 2,577 total dwelling units within the area. • West Newport Mesa: the intent is to support a density between 20 and 50 dwelling units per gross acre to accommodate up to 1,107 total dwelling units within the area. • Newport Center: the intent is to support a density between 20 and 50 dwelling units per gross acre to accommodate up to 2,439 total dwelling units within the area. units per gross acre. • Dover / Westcliff. the intent is to support a density between 20 and 50 dwelling units per gross acre to accommodate up to 521 total dwelling units within the area. • Coyote Canyon: the intent is to allow a density between 20 and 60 dwelling units per gross acre of viable land to accommodate up to 1,530 total dwelling units within the area. General Plan Land Use Element Policy LU 4.5 is added in its entirety as follows: LU 4.5 Residential Uses and Residential Densities Residential use of any property included within an established housing opportunity overlay zoning district is allowed regardless of and in addition to the underlying land use category or density limit established through Policy LU 4.1, Table LU 1 and Table LU 2, or any other conflict in the Land Use Element. A general plan amendment is not required to develop a residential use within an established housing opportunity zoning overlay district. The maximum density specified for the various overlay districts specified in Policy LU 4.2 is an average over the entire property or project site. For example, a portion of a development site may be developed at a higher density than specified by Policy 4.4 provided other portions of the site are developed at lower densities such that the average does not exceed the maximum. Density calculations and total units identified in LU 4.4 do not include units identified as pipeline units or units permitted pursuant to State density bonus law. 23-261 Attachment H Resolution No. 2024-55 Requesting Consolidation 23-262 RESOLUTION NO. 2024-55 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF ORANGE TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5, 2024, WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THE SAME DATE PURSUANT TO CALIFORNIA ELECTIONS CODE 10403 FOR THE PURPOSE OF SUBMITTING A BALLOT MEASURE FOR A PROPOSED AMENDMENT TO THE LAND USE ELEMENT OF THE GENERAL PLAN WHEREAS, pursuant to Section 423 of the City of Newport Beach Charter ("Charter"), voter approval is required for any major amendment to the Newport Beach General Plan; WHEREAS, the City Council of the City of Newport Beach, California, called a General Municipal Election to be held on Tuesday, November 5, 2024, for the purpose of submitting a proposed amendment to the Land Use Element of the General Plan to the voters; WHEREAS, California Elections Code Section 10400 et seq. authorizes a municipality to consolidate its election with a statewide election to be held on the same day; and WHEREAS, it is desirable that the General Municipal Election be consolidated with the Statewide General Election to be held on the same date and that within the City the precincts, vote center locations, ballot drop box locations, and election officers of the two elections be the same; the County Elections Department of the County of Orange canvass the returns of the General Municipal Election; and the election be held in all respects as if there were only one election. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: Section 1: Pursuant to the requirements of California Elections Code Section 10403, the Board of Supervisors of the County of Orange is hereby requested to consent and agree to the consolidation of a General Municipal Election with the Statewide General Election on Tuesday, November 5, 2024, for the purpose of submitting proposed amendments to the Land Use Element of the General Plan. 23-263 Resolution No. 2024- Page 2 of 4 Section 2: That a measure is to appear on the ballot as follows: MEASURE Yes CITY OF NEWPORT BEACH GENERAL PLAN - AMENDMENT No Shall the General Plan's Land Use Element be amended so the City of Newport Beach can avoid fines of up to $600,000 per month, losing local control over land use decisions, suspension of authority to issue building permits, and access to state funding, by adding the following State of California mandated residential housing opportunity units in Coyote Canyon (1,530), Dover-Westcliff (521), West Newport Mesa (1,107), the Airport Area (2,577), and Newport Center (2,439)? Section 3: The County Election Department of the County of Orange is authorized to canvass the returns of the General Municipal Election. The election shall be held in all respects as if there were only one election, and only one form of ballot shall be used. The election will be held and conducted in accordance with the provisions of law regarding the Statewide General Election. Section 4: The Board of Supervisors of the County of Orange is requested to issue instructions to the County Election Department to take any and all steps necessary for the holding of the consolidated election. Section 5: The City of Newport Beach recognizes that additional costs will be incurred by the County of Orange by reason of this consolidation and agrees to reimburse the County of Orange for any costs. Section 6: The City Clerk is hereby directed to file a certified copy of this resolution with the Board of Supervisors and the County Election Department of the County of Orange. Section 7: The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. 23-264 Resolution No. 2024- Page 3 of 4 Section 8: If any section, subsection, sentence, clause or phrase of this resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this resolution. The City Council hereby declares that it would have passed this resolution, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. Section 9: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution. Section 10: The City Council finds the adoption of this resolution to submit to voters a ballot measure that amends the Land Use Element of the General Plan is not subject to the California Environmental Quality Act ("CEQA") pursuant to Section 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. Additionally, the Housing Element Implementation Program Amendments Final Program Environmental Impact Report ("PEIR") (SCH No. 2023060699) addresses all environmental impacts associated with this action in compliance with CEQA as set forth in the Public Resources Code Sections 21000 et seq., the CEQA Guidelines, and City Council Policy K-3 (Implementation Procedures for the California Environmental Quality Act). Specifically, Resolution No. 2024-_, which is hereby incorporated by reference, was adopted by the City Council on July 23, 2024, to certify the PEIR as complete and adequate, inclusive of all required findings, a statement of overriding considerations, and a mitigation monitoring reporting program. The City received two public comment letters during the statutory public comment period and the City responded to each comment and fully addressed all environmental impacts. Council hereby finds that the action to adopt this resolution was considered within the PEIR and no additional environmental review is required. 23-265 Resolution No. 2024- Page 4 of 4 Section 11: 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 23rd day of July, 2024. Will O'Neill Mayor ATTEST: Leilani I. Brown City Clerk APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE ,,, c a= - Aaron C. Harp City Attorney 23-266 Attachment I Resolution No. 2024-56 Filing Written Arguments and Directing the City Attorney to Prepare an Impartial Analysis 23-267 RESOLUTION NO. 2024-56 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, SETTING PRIORITIES FOR FILING WRITTEN ARGUMENTS REGARDING A CITY MEASURE AND DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS WHEREAS, in accordance with Article 4, Chapter 3, Division 9 of the California Elections Code, the City Council of the City of Newport Beach may file a written argument for or against any City measure; and WHEREAS, a General Municipal Election is to be held in the City of Newport Beach, California, on Tuesday, November 5, 2024, at which there will be submitted to the voters the following measure: MEASURE Yes CITY OF NEWPORT BEACH GENERAL PLAN - AMENDMENT Shall the General Plan's Land Use Element be amended so the No City of Newport Beach can avoid fines of up to $600,000 per month, losing local control over land use decisions, suspension of authority to issue building permits, and access to state funding, by adding the following State of California mandated residential housing opportunity units in Coyote Canyon (1,530), Dover-Westcliff (521), West Newport Mesa (1,107), the Airport Area (2,577), and Newport Center (2,439)? NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: Section 1: That the City Council authorizes the following City Council Member(s) of its body: (In Favor) (Against), (In Favor) (Against), (In Favor) (Against), 23-268 Resolution No. 2024- Page 2 of 3 to file a written argument not exceeding three hundred (300) words regarding the City measure as specified above, accompanied by the printed name(s) and signature(s) of the author(s) submitting it, in accordance with Article 4, Chapter 3, Division 9 of the California Elections Code. The arguments may be changed or withdrawn until and including the date fixed by the City Clerk after which no arguments for or against the City measure may be submitted to the City Clerk. A direct argument may not be signed by more than five (5) authors. The arguments shall be filed with the City Clerk, signed, with the printed name(s) and signature(s) of the author(s) submitting it, or if submitted on behalf of an organization, the name of the organization, and the printed name and signature of at least one of its principal officers who is the author of the argument. The arguments shall be accompanied by the "Form of Statement to be Filed by Author(s) of Argument." Section 2: The City Council directs the City Clerk to transmit a copy of the measure to the City Attorney. The City Attorney shall prepare an impartial analysis of the measure of no more than five hundred (500) words, pursuant to California Elections Code Section 9280. Section 3: The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. Section 4: If any section, subsection, sentence, clause or phrase of this resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this resolution. The City Council hereby declares that it would have passed this resolution, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. Section 5: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution. 23-269 Resolution No. 2024- Page 3 of 3 Section 6: The City Council finds the adoption of this resolution to submit to voters a ballot measure that amends the Land Use Element of the General Plan is not subject to the California Environmental Quality Act ("CEQA") pursuant to Section 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. Additionally, the Housing Element Implementation Program Amendments Final Program Environmental Impact Report ("PEIR") (SCH No. 2023060699) addresses all environmental impacts associated with this action in compliance with CEQA as set forth in the Public Resources Code Sections 21000 et seq., the CEQA Guidelines, and City Council Policy K-3 (Implementation Procedures for the California Environmental Quality Act). Specifically, Resolution No. 2024-_, which is hereby incorporated by reference, was adopted by the City Council on July 23, 2024, to certify the PEIR as complete and adequate, inclusive of all required findings, a statement of overriding considerations, and a mitigation monitoring reporting program. The City received two public comment letters during the statutory public comment period and the City responded to each comment and fully addressed all environmental impacts. Council hereby finds that the action to adopt this resolution was considered within the PEIR and no additional environmental review is required. 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 2V day of July, 2024. Will O'Neill Mayor ATTEST: Leilani I. Brown City Clerk APPROVED AS TO FORM: CITY ATTORNEY'S OFFI E �, C� 4'..--- A ron C. Harp City Attorney 23-270 Attachment J Resolution No. 2024-57 Providing for the Filing of Rebuttal Arguments 23-271 RESOLUTION NO. 2024- 57 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, PROVIDING FOR THE FILING OF REBUTTAL ARGUMENTS FOR THE CITY MEASURE SUBMITTED TO THE VOTERS AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5, 2024, PURSUANT TO CALIFORNIA ELECTIONS CODE SECTION 9285 WHEREAS, pursuant to California Elections Code Section 9282(b), the City Council and other interested parties are authorized to submit arguments for and against the City's proposed ballot measures; and WHEREAS, pursuant to California Elections Code Section 9285, the City Council, by majority vote, is authorized to adopt provisions to provide for the filing of rebuttal arguments for direct arguments submitted under California Elections Code Section 9282(b). NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: Section 1: Pursuant to California Elections Code Section 9285(a)(1), when the Elections Office has selected the arguments for and against the measure which will be printed and distributed to the voters, the Elections Official shall send a copy of the argument in favor of the measure to the authors of the argument against the measure and a copy of the argument against the measure to the authors of the argument in favor of the measure. Pursuant to California Elections Code Section 9285, the author or a majority of the authors of an argument relating to a City measure may prepare and submit a rebuttal argument not exceeding two hundred fifty (250) words or may authorize, in writing, any other person or persons to prepare, submit or sign the rebuttal argument. A rebuttal argument may not be signed by more than five (5) authors. The rebuttal argument(s) shall be filed with the City Clerk, signed, with the printed name(s) and signature(s) of the author(s) submitting it, or if submitted on behalf of an organization, the name of the organization, and the printed name and signature of at least one of its principal officers, not more than ten calendar days after the final date for filing direct arguments. The rebuttal argument(s) shall be accompanied by the "Form of Statement to be Filed by Author(s) or Argument." Rebuttal arguments shall be printed in the same manner as the direct arguments. Each rebuttal argument shall immediately follow the direct argument which it seeks to rebut. 23-272 Resolution No. 2024- Page 2 of 3 Section 2: All previous resolutions providing for the filing of rebuttal arguments for City measures are hereby repealed. Section 3: The rebuttal provisions provided herein shall apply only to the General Municipal Election to be held on Tuesday, November 5, 2024. Section 4: The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. 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. Section 6: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution. Section 7: The City Council finds the adoption of this resolution to submit to voters a ballot measure that amends the Land Use Element of the General Plan is not subject to the California Environmental Quality Act ("CEQA") pursuant to Section 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. Additionally, the Housing Element Implementation Program Amendments Final Program Environmental Impact Report ("PEIR") (SCH No. 2023060699) addresses all environmental impacts associated with this action in compliance with CEQA as set forth in the Public Resources Code Sections 21000 et seq., the CEQA Guidelines, and City Council Policy K-3 (Implementation Procedures for the California Environmental Quality Act). Specifically, Resolution No. 2024-_, which is hereby incorporated by reference, was adopted by the City Council on July 23, 2024, to certify the PEIR as complete and adequate, inclusive of all required findings, a statement of overriding considerations, and a mitigation monitoring reporting program. The City received two public comment letters during the statutory public comment period and the City responded to each comment and fully addressed all environmental impacts. Council hereby finds that the action to adopt this resolution was considered within the PEIR and no additional environmental review is required. 23-273 Resolution No. 2024- Page 3 of 3 Section 8: 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 23rd day of July, 2024. Will O'Neill Mayor ATTEST: Leilani I. Brown City Clerk APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE A 4L� C- ar n C. Harp City Attorney 23-274 Attachment K April 18, 2024 Planning Commission Staff Report (provided digitally due to size and accessible at the following link https://ecros.newportbeachca.gov/WEB/DocView.aspx?id=2954635&dbid=0&repo=CNB), Minutes Excerpts, and Resolution No. 2024-006 23-275 DocuSign Envelope ID: A2E5C4B1-D372-4743-8464-A330B600FE9A Planning Commission Meeting Minutes April 18, 2024 ITEM NO. 3 HOUSING ELEMENT IMPLEMENTATION PROGRAM AMENDMENTS (PA2022- 0245) Site Location: Citywide Page 3of6 23-276 DocuSign Envelope ID: A2E5C4B1-D372-4743-8464-A330B600FE9A Planning Commission Meeting Minutes April 18, 2024 Summary: As required by state law, the City adopted the 61h Cycle Housing Element for the 2021-2029 planning period (Housing Element) on September 13, 2022, which was certified by the California Department of Housing and Community Development on October 5, 2022. To implement the Housing Element, the Planning Commission will consider a recommendation to the City Council of the amendments and actions described below which must take effect by the statutory deadline of February 2025: General Plan Amendment. Amend the General Plan Land Use Element to support housing production in the focus areas identified by the Housing Element; Zoning Code Amendment. Amend Title 20 (Planning and Zoning) of the Newport Beach Municipal Code (NBMC) to implement the Land Use Element's policy changes by allowing housing development through new Housing Opportunity (HO) Overlay Zoning Districts, establish appropriate development standards, and create objective design and development standards for multi -unit residential and mixed -use development projects; and Local Coastal Program Amendment. Amend the Newport Beach Coastal Land Use Plan and Title 21 (Local Coastal Program Implementation Plan) of the NBMC to include new Housing Opportunity (HO) Overlay Coastal Zoning Districts to support housing production in the focus areas identified by the Housing Element within the Coastal Zone. Recommended Action: 1. Conduct a public hearing; and 2. Adopt Resolution No. PC2024-006 recommending City Council certify the Program Environmental Impact Report (EIR) identified by State Clearinghouse Number (SCH No.) 2023060699, including the Mitigation Monitoring and Reporting Program (MMRP), and approve the Housing Element Implementation Program Amendments all collectively referred to as "PA2022-0245". Commissioners Langford and Rosene recused themself due to business interest conflicts. Principal Planner Zdeba utilized a presentation to review a brief background, why are we here, implementing action for the Land Use Element update and new policies, City Charter Section 423, vote related to traffic and density; implementing action for the overlay zoning and development standard, recent posting, and overlay zone maps; implementing action for the objective design standards; implementing action for the local coastal program amendment; and implementing action for the California Environmental Quality Act (CEQA) clearance, and program environmental impact report (EIR) topics and impacts. He noted the opportunity for public review of all documents, comment letters, expected next steps, accountability, and key takeaways. Commissioner Barto suggested greater clarification of mitigation efforts in conflicting areas of the EIR and specifically noted Sections 4.2, 4.26 (table), 4.21, and 4.17. In response, Ace Malisos of Kimley Horn addressed the 3,000 metric ton threshold for greenhouse gas emissions, mitigation screening level to gauge further studies, conservative approach to analysis, and flexible threshold. He noted considerations for air quality consistency including a programmatic analysis, conservative approach, and specific analysis and mitigation requirements for future development projects, plan Page 4 of 6 23-277 DocuSign Envelope ID: A2E5C4B1-D372-4743-8464-A330B600FE9A Planning Commission Meeting Minutes April 18, 2024 consistency criteria, and water supply plans that will be included in the urban management plans in the next round. In response to Commissioner Salene's question, Principal Planner Zdeba expected that the Airport Land Use Commission will not sign off on the plan due to a conflict with the provisions in the Airport Environs Land Use Plan that discourages residential in sensitive noise areas or safety zone areas. In response to Secretary Harris' question, Principal Planner Zdeba noted the difficulty predicting the impact to the plan from legislative changes, the proposed policies in the General Plan are matching the housing elements implementation, and a General Plan amendment and zoning code amendment would be required to curtail this back. Chair Ellmore opened the public comment. Jim Mosher thought the amendment is not ready for adoption, noted his membership on the General Plan Advisory Committee (GPAC), relayed that the recommendation by the GPAC for the Land Use Element policy changes was not unanimous, stated the Land Use Element changes are the only part included in the vote, indicated areas not ready for adoption in the zoning implementation, and expressed concern for a permanent entitlement in the General Plan without a sunset provision, a plan not tailored to the Regional Housing Needs Assessment (RHNA), and restricting opportunities to a few sites. In response to Chair Ellmore's inquiry, Principal Planner Zdeba relayed that there are statements relaying that the density bonus units are not being included explicitly in the analysis within the project description for the program EIR and can be clarified by staff in the findings from the EIR and will be provided to the City Council for consideration. Chair Ellmore suggested replacing the word "parcel" with "sites" in the noise Section 4.11. In response, Acting Deputy Community Development Director Murillo relayed a change to the implementing section of Zoning Ordinance Section 20.30.80.F that clarifies that the intent is to look at the development site as a whole, including those consisting of multiple parcels, and the zoning ordinance language is clear. Chair Ellmore closed the public hearing. Commissioner Lowrey thought the City has done a good job on this matter and expressed support for the recommendation. Secretary Harris thanked staff and volunteer groups and supported the recommendation. Motion made by Secretary Harris and seconded by Chair Ellmore to approve the item as recommended by staff. AYES: Barto, Ellmore, Lowrey, Harris, and Salene NOES: None RECUSED: Langford and Rosene ABSENT: None VIII. STAFF AND COMMISSIONER ITEMS ITEM NO.4 MOTION FOR RECONSIDERATION Page 5 of 6 23-278 DocuSign Envelope ID: A2E5C4B1-D372-4743-8464-A330B600FE9A Planning Commission Meeting Minutes April 18, 2024 None ITEM NO. 5 REPORT BY THE COMMUNITY DEVELOPMENT DIRECTOR OR REQUEST FOR MATTERS WHICH A PLANNING COMMISSION MEMBER WOULD LIKE PLACED ON A FUTURE AGENDA Acting Deputy Community Development Director Murillo noted that during the April 23 City Council meeting, the appeal of the Orange County Sanitation District Pump Station will be heard. He stated that a legislative approval and a variance are scheduled for the May 9 Planning Commission meeting and several items are expected for the May 23 meeting. Lastly, he congratulated Principal Planner Zdeba for winning the OC Real Estate Challenge. ITEM NO. 6 REQUESTS FOR EXCUSED ABSENCES None IX. ADJOURNMENT — With no further business, the meeting was adjourned by Chair Ellmore at 7:21 p.m. The agenda for the April 18, 2024, Planning Commission meeting was posted on Thursday, April 11, 2024, at 4:23 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, April 11, 2024, at 4:53 p.m. Curtis Ellmore, Chair Tvisfaln, Rovis Tristan Harris, Secretary Page 6 of 6 23-279 DocuSign Envelope ID: 624586F6-4D69-4101-9D3A-300ECCE30F20 RESOLUTION NO. PC2024-006 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH, CALIFORNIA, RECOMMENDING THE CITY COUNCIL CERTIFY AN ENVIRONMENTAL IMPACT REPORT, INCLUDING A MITIGATION MONITORING AND REPORTING PROGRAM AND A STATEMENT OF OVERRIDING CONSIDERATIONS WITH CEQA FINDINGS, AND AMENDMENT TO THE GENERAL PLAN, COASTAL LAND USE PLAN, AND TITLE 20 (PLANNING AND ZONING) AND TITLE 21 (LOCAL COASTAL PROGRAM IMPLEMENTATION PLAN) OF THE NEWPORT BEACH MUNICIPAL CODE TO IMPLEMENT THE GENERAL PLAN 6T" CYCLE HOUSING ELEMENT IN COMPLIANCE WITH STATE LAW (PA2022-0245) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. Every eight years, state law requires the City of Newport Beach ("City") to update its Housing Element, one of the seven mandatory elements of the Newport Beach General Plan, which identifies and analyzes existing and projected housing needs within their jurisdiction. 2. Newport Beach was assigned a Regional Housing Needs Allocation ("RHNA") allocation of 4,845 homes as its projected housing needs for the planning period covering 2021- 2029. 3. As a result, the City prepared the 6th Cycle Housing Element, which covers the planning period from 2021-2029 ("6th Cycle Housing Element") to plan for the 4,845 new housing units. 4. Preparation of the 6th Cycle Housing Element involved extensive public participation with community groups at numerous workshops, as well as meetings with the Planning Commission and City Council, and was assisted the Housing Element Update Advisory Committee (HEAUC), which was an ad -hoc committee formed and appointed by the City Council. 5. In accordance with state law, the 6th Cycle Housing Element for the 2021-2029 planning period was adopted by the City Council on September 13, 2022, and certified as statutorily compliant with state law by the State Department of Housing and Community Development ("HCD") on October 5, 2022. 6. Section 4 (Housing Plan) of the 6th Cycle Housing Element presents a framework and strategy for meeting the needs of existing and future resident populations based on the RHNA allocation of 4,845 new housing units, the "fair share" of regional housing need and demand. 23-280 DocuSign Envelope ID: 624586F6-4D69-4101-9D3A-300ECCE30F20 Planning Commission Resolution No. PC2024-006 Paae 2 of 62 7. The 6th Cycle Housing Element identifies the following site groupings or "focus areas" that are best suited to accommodate the City's RHNA planning obligation: • Airport Area Environs • West Newport Mesa • Newport Center • Dover/Westcliff • Coyote Canyon 8. The 6th Cycle Housing Element opportunity sites are to be rezoned per Housing Element Policy Actions 1A through 1 F to accommodate the City's RHNA obligation, including a buffer necessary to address future "no net loss" of available sites and to preclude the need to identify replacement sites during the 6th Cycle implementation. Rezoning includes the establishment of overlay zoning districts and accompanying development standards, as well as corresponding amendments to the Land Use Element of the General Plan and the Local Coastal Program. 9. To comply with state law, the City has been working diligently to implement the planning strategy outlined in Section 4 (Housing Plan) of the 6th Cycle Housing Element no later than February 2025. The implementing programs and strategies ("611 Cycle Housing Element Implementation") include the following amendments and actions: • General Plan Amendment ("GPA"). To revise the necessary goals and/or policies within the City's Land Use Element to support housing production in the focus areas identified by the Housing Element; Amendment to Title 20 (Planning and Zoning) of the NBMC ("ZCA"). To implement the Land Use Element's policy changes by allowing housing development as an opportunity and establishing appropriate development standards create objective design and development standards for multi -unit residential and mixed -use development projects; • Local Coastal Program Amendment ("LCPA"). To revise and create new policies within the City's Coastal Land Use Plan and to update Title 21 (Local Coastal Program Implementation Plan) of the Newport Beach Municipal Code ("NBMC") to support housing production in the focus areas identified by the 6th Cycle Housing Element and within the Coastal Zone; and Program Environmental Impact Report (SCH No. 2023060699). To analyze potential environmental impacts under the California Environmental Quality Act ("CEQA") related to the implementation of the 6th Cycle Housing Element through providing additional housing development capacity. 10. Certain components of the 6th Cycle Housing Element Implementation constitute a "Major Amendment" as defined in Section 423 (Protection from Traffic and Density) of Article IV 01-17-23 23-281 DocuSign Envelope ID: 624586F6-4D69-4101-9D3A-300ECCE30F20 Planning Commission Resolution No. PC2024-006 Paae 3 of 62 of the City's Charter; therefore, they individually and/or collectively require a majority vote of the electorate. 11. The 61h Cycle Housing Element Implementation must take effect by February of 2025 to avoid significant penalties authorized under by state law, including but not limited to: • Increased exposure to public and private litigation; • Loss of permitting authority; • Financial penalties, including monthly fines from $10,000 to $100,000; • Loss of eligibility for state and regional funding sources; • Court receivership; • Senate Bill 35 ("SB 35") streamlined ministerial approval process; and • Increased exposure to monitoring by the newly formed Housing Accountability Unit of HCD. 12. SB 35 provides for a "builder's remedy" that allows developers of affordable housing projects to bypass the zoning code and general plan of cities that are deemed non- compliant with state law by effectively ignoring height limits, density limits, and other regulations that make for thoughtfully planned development. Cities are effectively prohibited from denying a "builder's remedy" project except in unique circumstances, resulting in a loss of local control. 13. A public hearing was held on April 18, 2024, in the Council Chambers at 100 Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of the public hearing was given in accordance with California Government Code Section 54950 et seq. ("Ralph M. Brown Act") and Chapters 20.62 (Public Hearings) and 21.62 (Public Hearing) of the NBMC. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this public hearing. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. A draft program Environmental Impact Report (State Clearinghouse Number 2023060699) ("DEIR") has been prepared in compliance with the CEQA set forth in Public Resources Code Section 21000 et seq., the State CEQA Guidelines set forth in 14 California Code of Regulations Section 15000 et seq., and City Council Policy K-3. 2. The DEIR was circulated for a 46-day comment period beginning on February 12, 2024, and ending on March 28, 2024. The Environmental Impact Report ("EIR"), which includes the DEIR, comments, and responses to the comments as of the public hearing date, is being considered by the Planning Commission in its review of the 61h Cycle Housing Element Implementation. 3. The Planning Commission finds that the EIR has been prepared and completed in compliance with CEQA and City Council Policy K-3. 4. The Planning Commission finds that the EIR reflects the independent judgment and analysis of the City. 01-17-23 23-282 DocuSign Envelope ID: 624586F6-4D69-4101-9D3A-300ECCE30F20 Planning Commission Resolution No. PC2024-006 Paae 4 of 62 5. The Planning Commission reviewed and considered the information contained in the EIR prior to forwarding its recommendation on the amendments to the General Plan, NBMC, and Local Coastal Program. 6. Given the programmatic nature of the EIR, any one site within a focus area that exceeds a threshold of significance causes the need to explore mitigation for the corresponding topic area. Accordingly, the EIR discloses significant and unavoidable impacts relating to aesthetics, air quality, cultural resources, greenhouse gas ("GHG") emissions, noise and utilities and service systems and potentially significant environmental impacts related to geology and soils, tribal cultural resources and wildfire that may directly or indirectly result from the project but would be reduced to a less than significant level of impact by the mitigation measures specified in the EIR. SECTION 3. FINDINGS. General Plan Amendment An amendment to the City's General Plan Land Use Element is a legislative act. Neither Title 20 (Planning and Zoning) of the NBMC nor California Government Code Section 65000 et seq., set forth any required findings for either approval of such amendments. Notwithstanding the foregoing, the following amendments to the General Plan Land Use Element will create internal consistency with the certified 6t" Cycle Housing Element: Findings and Facts in Support of Finding: According to General Plan Implementation Program 1.2, revisions and updates of the General Plan must be made in accordance with the Vision Statement. While it is being reviewed as part of the comprehensive General Plan update, as presently written, it is the City's intention to be a residential community, balanced with supporting nonresidential uses, job opportunities, and visitor and recreational services and amenities. Furthermore, the Vision Statement calls for "a range of housing opportunities that allows people to live and work in the City." 2. Implementation Program 1.2 further states that amendments to accommodate the City's "fair share" of regional housing demand will be considered in context of these visions and the goals stipulated by the General Plan. Adoption of the proposed Amendment will support the 6th Cycle Housing Element adopted in the context of the visions and goals stipulated by the General Plan. 3. The proposed Amendment, attached to this resolution and incorporated herein, is in full compliance with the Section 4 of the 6t" Cycle Housing Element as presented below: 01-17-23 23-283 DocuSign Envelope ID: 624586F6-4D69-4101-9D3A-300ECCE30F20 Planning Commission Resolution No. PC2024-006 Paae 5 of 62 611 Cycle Housing Element Implementation Measures Housing Goal #1. Provision of adequate sites to accommodate projected housing unit growth needs within the following identified housing opportunity sites: • Airport Area Environs • West Newport Mesa • Newport Center • Dover/Westcliff • Banning Ranch • Coyote Canyon Housing Goal #2. Quality residential development and preservation, conservation, and appropriate redevelopment of housing stock. Housing Goal #3. A variety of housing types, designs, and opportunities for all social and economic segments. Housing Goal #4. Housing opportunities for as many renter- and owner -occupied households as possible in response to the market demand and RHNA obligations for housing in the City. Amendments in Support of Housing Element's Implementation Measures Revised Policies LU 1.1 through LU 1.5 emphasize the goal of balancing the needs of residents, businesses, and visitors through the recognition that Newport Beach is primarily a residential community. The polices underscore the need to preserve and enhance residential neighborhoods. The identified sites direct new housing opportunities outside of established residential neighborhoods. The amended Policies ensure the continued recognition that Newport Beach is primarily a residential community. Revised Policies LU 2.2 and LU 2.5 call for supporting the development of uses that allow the City to be a complete community and indicate that harbor and waterfront uses contribute to the charm and character of the City and provide needed support for residents. Revised Policy 3.3 (Transition of Land Uses) calls for supporting residential opportunities in West Newport Mesa; residential infill development along Balboa Boulevard corridor and facilitating workforce housing in proximity to jobs, transportation and services in West Newport Mesa and the Airport Area; and providing for housing opportunities that complement nonresidential uses in the Coyote Canyon Landfill site. Revised Goal LU 4 Manage growth and change to: • Support the livability of existing neighborhoods. • Support residential opportunities that accommodate the City's share of the Regional Housing Needs Assessment. • Promote new uses that are complimentary to already existing neighborhoods and uses. • Achieve distinct and economically vital business and employment districts. • Correlate with supporting infrastructure and public services. • Sustain Newport Beach's natural setting. The above amendment supports Housing Goal #1 as it accommodates City's share of RHNA. 01-17-23 23-284 DocuSign Envelope ID: 624586F6-4D69-4101-9D3A-300ECCE30F20 611 Cycle Housing Element Implementation Measures Charter Section 423 Analysis Planning Commission Resolution No. PC2024-006 Paae 6 of 62 Amendments in Support of Housing Element's Implementation Measures Revised Policy LU4.1 (Land Use Diagram) clarifies that density limits exclude increases allowed through the application of density bonus laws as stipulated also by state law. New Policies 4.4 (Rezoning to Accommodate Housing Opportunities); 4.5 (Residential Uses and Residential Densities); 4.6 (Continuation of Existing Development); and 4.7 (Redevelopment and Transfer of Development Rights) all support 6tn Cycle Housing Element Implementation Measures. These policies stipulate that residential opportunities are to be established as overlay zones which allow for existing uses to continue. Opportunities for by - right development, when at least 20% or more units are affordable to lower -income households, ensures housing opportunities for all social and economic segments and ensures streamlined project review. Revised Policy LU 5.1.3 (Neighborhood Identification) calls for the establishment of objective design and development standards which ensures Implementation Goals 1 and 2 which stipulate quality design and variety of housing designs. Revised Policy LU 6.2.4 (Accessory Dwelling Units (ADUs)) supports and promotes the development of accessory dwelling units and junior accessory dwellings. This policy fulfills Implementation Goal #1 that calls for the City to aggressively support and accommodate the construction of at least 240 ADUs. Revised Policies LU 6.4.2 (Residential); LU 6.6.2 (Residential Types (West Newport Mesa)); LU 6.15.4 (Priority Uses (Airport Area — Mixed -Use Districts [Subarea C, "MU-H2" designation])); LU 6.15.28 (Priority Uses (Airport Area — Commercial Nodes ]"CG" designation Sub -Area C-part]) and LU 6.15.29 (Priority Uses (Airport Area — Commercial Office District ["CO-G" designation Sub -Area C— part]) support housing development or redevelopment within the opportunity sites identified in the Housing Element. 01-17-23 23-285 DocuSign Envelope ID: 624586F6-4D69-4101-9D3A-300ECCE30F20 Planning Commission Resolution No. PC2024-006 Paae 7 of 62 1. Voter approval is required for any major amendment to the Newport Beach General Plan. A "major amendment" is one that significantly increases the maximum amount of traffic that allowed uses could generate, or significantly increases allowed density or intensity. "Significantly increases" means over 100 peak hour trips (traffic), or over 100 dwelling units (density), or over 40,000 square feet of floor area (intensity). 2. The thresholds apply to the total of: 1) Increases resulting from the amendment itself, plus 2) 80% of the increases resulting from other amendments affecting the same neighborhood and adopted within the preceding 10 years. As the proposed amendment is considered a major amendment, it will not take effect if City Council decides to approve it, unless it has been accessed to registered voters and has been approved by a majority of those voting on it. 3. Should the City not implement the 6t" Cycle Housing Element by February 2025, the City may be considered non -compliant with State Housing Laws and developers of affordable housing projects will be entitled to have their residential projects approved as a "builder's remedy" in accordance with Senate Bill 35, effectively ignoring height limits, density limits and other regulations designed to ensure development is consistent with the City's Vision Statement of the General Plan. Tribal Consultation 1. Pursuant to Senate Bill 18, the City requested a Sacred Lands File (SLF) search on the project location from the Native American Heritage Commission (NAHC) on March 5, 2023. On March 22, 2023, the NAHC responded that the findings of the search were positive and identified 19 Native American tribal representatives to contact for further information on potential tribal resources. To comply with both the requirements of SB 18 and Assembly Bill 52, the City mailed and emailed notices regarding the proposed project to all of the listed tribes. The City received a response from only one representative of the Gabrieleno Band of Mission Indians — Kizh Nation expressing no concerns on the project given its programmatic nature, but also expressing a desire to be consulted on future individual projects. Zoning Code Amendment An amendment to Title 20 (Planning and Zoning) of the NBMC is a legislative act. Neither Title 20 itself nor California Government Code Section 65000 et seq., set forth any required findings for either approval of such amendments. However, Section 20.66.040 of the NBMC requires the Planning Commission to make and file a report of its findings and recommendations with the Council. Findings and Facts in Support of Finding: 1. The Zoning Code is a tool designed to implement the General Plan. Since the 6t" Cycle Housing Element Implementation involves an amendment to the General Plan, it is necessary to also amend Title 20 (Planning and Zoning) to achieve its goals and policies. 01-17-23 23-286 DocuSign Envelope ID: 624586F6-4D69-4101-9D3A-300ECCE30F20 Planning Commission Resolution No. PC2024-006 Paae 8 of 62 2. The ZCA, attached to this resolution as Exhibits "B" and "C," and incorporated herein, including the Housing Opportunity (HO) Overlay Zoning Districts with associated development standards, and the Multi -Unit Objective Design Standards, are consistent with the implementation program in the Housing Plan of the Housing Element, as discussed above under the Findings for the General Plan Amendment. The ZCA will enable the implementation of the Housing Element's key objective, which is to accommodate the development of housing projects to fulfill City's "fair share" of regional housing need and demand. Local Coastal Program Amendment An amendment to Title 21 (Local Coastal Program Implementation Plan) of the NBMC is a legislative act. Neither Title 21 of the NBMC itself nor California Government Code Section 65000 et seq., set forth any required findings for either approval of such amendments. Findings and Facts in Support of Finding: 1. The 6t" Cycle Housing Element includes the Housing Plan, which sets forth programs and strategies to facilitate and encourage the development of the City's "fair share" of regional housing demand. Appendix B of the 6t" Cycle Housing Element has identified several sites to be rezoned with the Housing Overlay (HO) Zoning District. A number of these sites are within the Coastal Zone. As the Zoning Code needs to be amended to add the new HO Overlay Zones, and the associated development standards, similarly, the Local Coastal Program needs to be amended to add the new Overlay Zones along with the development standards, for properties that are within the Coastal Zone. 2. The proposed amendments, attached to this resolution as Exhibit "D," and incorporated herein, fulfill the Housing Plan, as the amendments will facilitate the development of housing consistent with the 6t" Cycle Housing Element as shown below: 6th Cycle Housing Element Implementation Measures Amendments to the Local Coastal Policy in Support of Housing Element's Implementation Measures Housing Goal #1. Provision of adequate sites to New Policy LU 2.1.11-1 calls for accommodating accommodate projected housing unit growth housing opportunities through the adoption of needs within the following identified housing housing opportunity overlay zoning districts for opportunity sites: the following opportunity sites: • Airport Area Environs • Airport Environs • West Newport Mesa • West Newport Mesa • Dover/Westcliff . Newport Center • Newport Center . Dover/Westcliff • Banning Ranch • Coyote Canyon This new policy is consistent with Housing Goal Housing Goal #2. Quality residential #1. development and preservation, conservation and New Policies LU 2.1.11-2, LU 2.1.11-3 and LU appropriate redevelopment of housing stock. 2.1.11-4 establish procedures regarding density 01-17-23 23-28 7 DocuSign Envelope ID: 624586F6-4D69-4101-9D3A-300ECCE30F20 Planning Commission Resolution No. PC2024-006 Paae 9 of 62 6th Cycle Housing Element Implementation Measures Amendments to the Local Coastal Policy in Support of Housing Element's Implementation Measures limits and clarify that residential opportunities Housing Goal #3. A variety of housing types, are in addition to existing uses allowed by the designs, and opportunities for all social and Coastal Land Use Plan and must be consistent economic segments. with applicable overlay or implementation plan requirements unless modified consistent with Housing Goal #4. Housing opportunities for as established procedures to grant relief from many renter- and owner -occupied households as standards (e.g. Coastal Modification or Variance possible in response to the market demand and or the application of Density Bonus regulations). RHNA obligations for housing in the City. These policies fulfill Housing Goals #1 and #2, as they set parameters for the overlay zones and allow for uses permitted by underlying zones. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: The above recitals are true and correct and incorporate herein. 2. The Planning Commission declares that despite the potential for significant environmental effects that cannot be substantially lessened or avoided through the adoption of feasible mitigation measures or feasible alternatives, there exist certain overriding economic, social and other considerations for approving the proposed Project. 3. The Planning Commission hereby recommends the City Council certify the Final EIR (SCH#2023060699) attached as Exhibit "A," including the forthcoming draft findings. 4. The Planning Commission has read and considered the amendments to the General Plan, amendments to the Zoning Code, and the Local Coastal Program, as contained in Exhibits "B" through "E," as part of the consideration of the adopted 6th Cycle Housing Element implementation programs and recommends adoption of the General Plan Amendment, Zoning Code Amendments, and Local Coastal Program Amendment under PA2022-0245. PASSED, APPROVED, AND ADOPTED THIS 18T" DAY OF APRIL, 2024. AYES: Barto, Ellmore, Harris, Lowrey, and Salene NOES: None RECUSED: Langford and Rosene ABSENT: None 01-17-23 23-288 DocuSign Envelope ID: 624586F6-4D69-4101-9D3A-300ECCE30F20 BY: bwfiS f"avti, Curtis Ellmore, Chair BY: Tiisfav' RA.v'v'iS Tristan Harris, Secretary Planning Commission Resolution No. PC2024-006 Paae 10 of 62 01-17-23 23-289 DocuSign Envelope ID: 624586F6-4D69-4101-9D3A-300ECCE30F20 Planning Commission Resolution No. PC2024-006 Paae 11 of 62 EXHIBIT "A" DRAFT ENVIRONMENTAL IMPACT REPORT EIR (SCH#2023060699), INCLUDING RESPONSES TO COMMENTS AND THE MITIGATION, MONITORING, AND REPORTING PROGRAM (MMRP) This Exhibit is attached digitally due to size and is available at www.newportbeachca.gov/CEQA within the folder entitled "Housing Element Implementation Program EIR (PA2022-0245). " 01-17-23 23-290 DocuSign Envelope ID: 624586F6-4D69-4101-9D3A-300ECCE30F20 Planning Commission Resolution No. PC2024-006 Paae 12 of 62 EXHIBIT "B" GENERAL PLAN AMENDMENT LAND USE ELEMENT The General Plan Land Use Element would be amended as follows, currently shown in redline - strikeout format for ease of reference only: This Exhibit is attached digitally due to size and is available at https://www. newportbeachca. gov/home/showpublisheddocument/73654/638473094744400000. 01-17-23 23-291 DocuSign Envelope ID: 624586F6-4D69-4101-9D3A-300ECCE30F20 Planning Commission Resolution No. PC2024-006 Page 13 of 62 EXHIBIT "C" TITLE 20 (PLANNING AND ZONING) AMENDMENT HOUSING OPPORTUNITY (HO) OVERLAY ZONING DISTRICTS Chapter 20.28 (Overlay Zoning Districts [MHP, PM, B, H]) of the Newport Beach Municipal Code (NBMC) would be amended as follows, currently shown in redline -strikeout format for ease of reference only: Chapter 20.28 OVERLAY ZONING DISTRICTS (MHP, PM, B, H) Sections: 20.28.010 Purposes of Overlay Zoning Districts. 20.28.020 Mobile Home Park (MHP) Overlay Zoning District. 20.28.030 Parking Management (PM) Overlay District. 20.28.040 Bluff (B) Overlay District. 20.28.050 Housing Opportunity (HO) Overlay Zoning Districts. 20.28.060 Height (H) Overlay District. 20.28.010 Purposes of Overlay Zoning Districts. The purposes of the individual overlay zoning districts and the manner in which they are applied are outlined below. An overlay district may be initiated as a Zoning Map amendment in compliance with Chapter 20.66 (Amendments). All development shall comply with the applicable development standards (e.g., setbacks, height) of the underlying zoning district in addition to the standards provided in this chapter, if any. In situations where an inconsistency occurs between the development standards of the underlying zoning district and the standards in this chapter, the standards of the overlay district shall prevail. A. MHP (Mobile Home Park) Overlay Zoning District. The MHP Overlay Zoning District is intended to establish a mobile home district on parcels of land developed with mobile home parks. The regulations of this district are designed to maintain and protect mobile home parks in a stable environment with a desirable residential character. B. PM (Parking Management) Overlay Zoning District. The PM Overlay Zoning District is intended to provide for areas where parking management plans are appropriate to ensure adequate parking. C. B (Bluff) Overlay Zoning District. The B Overlay District is intended to establish special development standards for areas of the City where projects are proposed on identified bluff areas. The specific areas are identified in Part 8 of this title (Maps). D. HO (Housing Opportunity) Overlay Zoning Districts. The HO Overlay Zoning Districts are intended to accommodate housing opportunities consistent with the Housing Element's focus areas and to ensure the City can meet its allocation of the Regional Housing Needs Assessment (RHNA). The specific areas are identified in Part 8 of this title (Maps). E. H (Height) Overlay District. The H Overlay District is intended to establish standards for review of increased building height in conjunction with the provision of enhanced project design features and amenities. 01-17-23 23-292 DocuSign Envelope ID: 624586F6-4D69-4101-9D3A-300ECCE30F20 Planning Commission Resolution No. PC2024-006 Paae 14 of 62 20.28.050 Housing Opportunity (HO) Overlay Zoning Districts. A. Applicability. This section applies to properties located in one of the Housing Opportunity (HO) Overlav Zonina Districts. as identified in Part 8 of this title.This includes the followina subareas: 1. HO-1 - Airport Area Environs Area — The Airport Area Environs Area is located north of the Upper Newport Bay Nature Reserve, primarily around the John Wayne Airport. 2. HO-2 - West Newport Mesa Area — The West Newport Mesa Area is located near the southwest corner of the City and primarily consists of industrial properties along 16th Street, Production Place. and 15th Street. 3. HO-3 - Dover-Westcliff Area —The Dover-Westcliff Area includes property on both sides of West Coast Highway and the west of Dover Drive. Properties in the Lido Village area are included. 4. HO-4 - Newport Center Area — The Newport Center Area is generally bounded by San Joaquin Hills Road, MacArthur Blvd, Coast Highway, and Jamboree Road. 5. HO-5 - Coyote Canyon Area —The Coyote Canyon Area is located on the south side of California State Route 73. at the iunction of NewDort Coast Drive. The above listed are general descriptions of each subarea and additional properties may be included with the subarea. To be eligible for the provisions of this chapter, the property must be listed on the HO area mar) as an "ODDortunity Site". 6. HO-6 - 51h Cycle Housing Element Sites — Those sites that are identified as 5th Cycle Housing Element sites on Figure B-5 of the 6th Cycle Housing Element. See subsection 20.28.050(E) for alternative review process. B. Uses Allowed. The following uses shall be permitted in the Housing Opportunity (HO) Overlay Zoning Districts with exception of HO-6 where only the base zoning standards apply: 1. Any use that is permitted or conditionally permitted in the base zone; 2. Multiple -unit development that meets the density requirements set forth in this section; 3. Mixed -use development that includes a residential component which complies with the minimum densitv set forth in this section: and 4. Residential supporting uses such as leasing/sales/property management offices, fitness facilities, recreation facilities, etc. C. Subarea Development Standards. 1. Development Standards. The following development standards shall apply to any residential or mixed -use project permitted pursuant to this section. Unless otherwise modified by this section, all applicable development standards, including any adopted objective design standards, shall apply. 01-17-23 23-293 DocuSign Envelope ID: 624586F6-4D69-4101-9D3A-300ECCE30F20 Planning Commission Resolution No. PC2024-006 Paae 15 of 62 TABLE 2-16 DEVELOPMENT STANDARDS FOR HOUSING OPPORTUNITY OVERLAY ZONES Housing O portunitv Subareas Feature HO-1 HO-2 HO-3 HO-4 HO-5 HO-6 -Development Development Limit 2,577 1,107 521 2,439 1,530 N/A -units)") Lot Size/Dimension Per Base Zone Lot area required per Minimum: Minimum: 2,178 (20 du/ac) Maximum: 871 (50 du/ac) Minimum: All Standards unit (sq. ft.)(2) 2,178(20 2,178(20 du/ac Maximum: 871 50 du/ac du/ac Maximum: 726 60 du/ac 1101 Per Base Zone Setbacks Front 0 ft.(3) 10 ft.(3) 10 ft.(3)(4) 0(3) 10 ft.(3) Rear 0 20 ft. 20 ft. 0 20 ft. Side 0 (4) Street Side 0(3) 10 ftT3> 10 ft.(3) 0 ft.(3) 10 ft.(3) Height Per Base Zone unless 65 ft. 65 ft.(') Per Base 65 ft. Zone(7) otherwise identified on the map Building Separation 10 ft. Floor Area Ratio (FAR) No restriction(') Common Open Minimum 75 square feet/dwelling unit. (The minimum Space(9) dimension [length and width shall be 15 feet. Private Open Space(9) 5% of the gross floor area for each unit. (The minimum dimension [length and width] shall be 6 feet.) Fencing See Section 20.30.040 (Fences, Hedges, Walls, and Retaining Walls . Landsca in See Chapter 20.36 (Landscaping Standards . Lighting See Section 20.30.070 (Outdoor Lighting). Outdoor Storage/Disp la See Section 20.48.140 (Outdoor Storage, Display, and Activities). Parking See Subsection (D)(3) below and Chapter 20.40 (Off -Street Parkin Satellite Antennas See Section 20.48.190 (Satellite Antennas and Amateur Radio Facilities). Si ns See Chapter 20.42 (Sign Standards . (1) Development limits are additional residential development opportunities beyond the base allowances in this Title or the General Plan. These limits shall not include density bonus units or units that are either identified as pipeline units in the 6th Cycle Housing Element (Table B-2) or units that were applied for and predate the effective date of the HO Overlay Zoninq Districts. Furthermore, eligible units are only counted against the development limits when they are either entitled or are issued a building permit if allowed by right. However, 25% of the development limit within each HO Overlay Zoning District that includes properties within the Coastal Zone shall be reserved until such a time as the City's Local Coastal Program has been amended to allow for housing consistent with the implementation of the 6th 01-17-23 23-294 DocuSign Envelope ID: 624586F6-4D69-4101-9D3A-300ECCE30F20 Planning Commission Resolution No. PC2024-006 Paae 16 of 62 Cycle Housinq Element. Following the City's Local Coastal Program Amendment, priority for the reserved units will be given to sites located within the Coastal Zone. (2) Minimum/maximum allowable density range may be based on an average density of the entire project site, excluding density bonus units. (3) Any portion of the building that is over 20 feet in height shall be setback a minimum 20 feet from the street right-of- way. (4) Except in the Mixed -Use Mariners Mile (MU-MM) Zoning District wherein residential uses are only allowed beginning 100 feet north of Coast Highway. (5) The combined total from both sides shall be 15 feet. (6) The height shall be limited to 35 feet in the Shoreline Height Limit Area, as identified in Map H-1. (7) "Base Zone" includes all height limitations established by the Sight Plane Ordinance (Ordinance No. 1371 and Ordinance No. 1596). (8) The FAR in this table only applies to residential floor area, including any supporting facilities. In mixed -use developments, the FAR for nonresidential is still applicable. (9) For purposes of this section, common and private open space in HO-1 may include enclosed shared amenities such as a clubhouse, swimming pool, tennis court, basketball court, racquetball court, weightlifting facility, children's playground equipment, sauna, Jacuzzi, day care facility, or any other recreational amenities/facilities as deemed appropriate by the Community Development Director. (10) This density is intended for the former Coyote Canyon Landfill site only. The Sage Hill School site is limited to a maximum of 20 dwellina units. 2. Airport Area Environs Area (HO-1). The following development standards shall only apply to prolects with the Airport Area Environs Area: a. Sound Mitigation. The interior ambient noise level of all new residential dwelling units shall meet applicable standards of the Section 10.26.030 (Interior Noise Standards). An acoustical analysis report, prepared by an acoustical engineer, shall be submitted describing the acoustical design features of the structure that will satisfy the interior noise standard. The residential units shall be constructed, and noise attenuated in compliance with the report. b. Advanced Air Filtration. The design of all new residential and mixed -use residential develoDments shall include advanced air filtration systems to Dromote cleaner air within living environments. c. Notification to Owners and Tenants. A written disclosure statement shall be prepared prior to sale, lease, or rental of a residential unit within the development. The disclosure statement shall indicate that the occupants will be living in an urban type of environment adjacent to an airport and that the noise, odor, and outdoor activity levels may be higher than a typical suburban residential area. The disclosure statement shall include a written description of the potential impacts to residents of both the existing environment (e.g., noise from planes, commercial activity on the site and vehicles streets) and potential nuisances based upon the allowed uses in the zoning district. Each and every buyer, lessee, or renter shall sign the statement acknowledging that they have received, read, and understand the disclosure statement. A covenant shall also be included within all deeds, leases or contracts conveying any interest in a residential unit within the development that requires: (1) the disclosure and notification requirement stated herein; (2) an acknowledgment by all grantees or lessees that the property is located within an urban type of environment and that the noise, odor, and outdoor activity levels may be higher than a typical suburban residential area; and (3) acknowledgment that the covenant is bindina for the benefit and in favor of the Citv of NewDort Beach. 3. West Newport Mesa Area (HO-2). The following development standards shall only apply to projects with the West Newport Mesa Area: 01-17-23 23-295 DocuSign Envelope ID: 624586F6-4D69-4101-9D3A-300ECCE30F20 Planning Commission Resolution No. PC2024-006 Page 17 of 62 a. West Newport Mesa Streetscape Master Plan. Any residential or mixed -use residential development shall implement applicable components of the adopted West Newport Mesa Streetscape Master Plan. 4. Coyote Canyon Area (HO-5). The following development standards shall only apply to protects with the Coyote Canyon Area: a. Public Park. Any future residential development within this subarea shall include a public park that is no less than 3.5 acres, in aggregate. As part of the review for the overall project, the developer shall provide a detailed description of the public park, including timing, dimensions, and location within the project site. b. Public Trails. Anv future residential development shall include Dublic trails for the entire subarea that accommodate multiple modes of transit (i.e., walking and bicycling) and connect to nearby community resources, as well as the existing trail system. As part of the review for the overall project, the developer shall provide a detailed description of the trail system, including timing, dimensions, alignment, and location within the project site. D. General Development Standards. The following development standards shall apply to all projects within the Housing Opportunity zone, regardless of subarea: 1. Mixed -use developments. All mixed -use developments shall comply with Section 20.48.130 (Standards for Mixed -Use Protects). In addition, a minimum of 50% of the floor area of mixed - use developments shall be dedicated to residential uses. For purposes of this section, floor area be defined as all enclosed floor space, but exclude parking garages/spaces, utility areas, and storage areas that are not directly accessible from the interior of a dwelling unit. 2. Landscaped Setbacks. All front and street side setbacks shall be landscaped, except for areas that provide vehicle and pedestrian access to the right-of-way. 3. Residential Off -Street Parking Requirements. Residential parking requirements for projects within the Housing Opportunity Overlay Zones shall be provided in accordance with Table 2-17 below. Parking for all other uses not included in this table shall be provided in accordance with Chapter 20.40 (Off -Street Parking Requirements) of the NBMC. TABLE 2-17 RESIDENTIAL OFF-STREET PARKING FOR HOUSING OPPORTUNITY OVERLAY ZONES Land Use Subtype Residential Studio 1.1 spaces per dwelling unit Rental 1 Bedroom 1.5 spaces per dwelling unit 2 Bedrooms 1.8 spaces per dwelling unit 3 Bedrooms 2.0 spaces per dwelling unit 0.3 spaces peLdwelling unit Visitor Parkinq Residential Studio 1.4 spaces per dwelling unit (Ownership) 1 Bedroom 1.8 spaces per dwelling unit 2 Bedrooms 1.8 spaces per dwelling unit 3 Bedrooms 2.0 spaces per dwelling unit Visitor Parkinq 0.3 spaces per dwelling unit 01-17-23 23-296 DocuSign Envelope ID: 624586F6-4D69-4101-9D3A-300ECCE30F20 Planning Commission Resolution No. PC2024-006 Paae 18 of 62 E. Review Process. Notwithstanding Sections 20.48.130(A) and 20.52.080, any residential or mixed - use development in the HO Overlay Zones that includes a minimum of 20% of the units reserved for very -low- and low-income residents shall not require a Site Development Review, but shall require an affordable housina imDlementation Dlan (AHIP) and shall meet all the followina criteria: 1. All units desianated as affordable to verv-low and/or low-income residents shall be subiect to a minimum 30-year affordability covenant; 2. Affordable units shall reflect the range of numbers of bedrooms provided in the residential development project as a whole, but may be smaller and have different interior finishes and features than market -rate units: 3. Affordable units shall be comparable in the facilities provided (e.g., laundry, recreation, etc.) and in the aualitv of construction and exterior desian to the market -rate units: and 4. Affordable units shall be dispersed throughout the residential development. 01-17-23 23-297 DocuSign Envelope ID: 624586F6-4D69-4101-9D3A-300ECCE30F20 Planning Commission Resolution No. PC2024-006 Page 19 of 62 A new Section 20.80.036 (Housing Opportunity Overlay District maps) would be added to Part 8, Chapter 20.80 (Maps) of the NBMC to include the following: LEGEND Ap FT J!' S HO-I Airport Area Environs Area NEG J. cr'.r Ne,.Pon Gooch 0,—09, W23 01-17-23 23-298 DocuSign Envelope ID: 624586F6-4D69-4101-9D3A-300ECCE30F20 Planning Commission Resolution No. PC2024-006 Paae 20 of 62 I �I . t. HO-2 West Newport Mesa Area ' NEiS - �} of rlcwpon B¢nch GIS 6crs�m Orrohr 69, 2i723 01-17-23 23-299 DocuSign Envelope ID: 624586F6-4D69-4101-9D3A-300ECCE30F20 Planning Commission Resolution No. PC2024-006 Page 21 of 62 yl HO-3 Dover-Westc[iff Area ` E 01-17-23 23-300 DocuSign Envelope ID: 624586F6-4D69-4101-9D3A-300ECCE30F20 Planning Commission Resolution No. PC2024-006 Paae 22 of 62 .} r L � • 4. - x i } I: N% S HO-4 Newport Center Area - � Ca} of �+a+.pan 6uach M Dwrsan � Oata6r 04. 2D]3 01-17-23 23-301 DocuSign Envelope ID: 624586F6-4D69-4101-9D3A-300ECCE30F20 7 V Planning Commission Resolution No. PC2024-006 Paae 23 of 62 - �1+ � !� 1 t r • . �� •. f Il.. rr HO-5 Coyote Canyon Area p1, of Narpan ----b Oifi I*W- pcNhmr fl4. 20Z9 01-17-23 23-302 DocuSign Envelope ID: 624586F6-4D69-4101-9D3A-300ECCE30F20 Planning Commission Resolution No. PC2024-006 Paae 24 of 62 Section 20.48.130 (Mixed -Use Projects) of the NBMC would be amended as follows, currently shown in redline -strikeout format for ease of reference only: 20.48.130 Mixed -Use Projects. This section provides standards and criteria for the development of mixed -use projects. The primary intent of these standards and criteria is to balance the needs of nonresidential uses for access, visibility, parking, loading, safety, and economic development with the needs of residential uses for privacy, security, and relative quiet. A. Site Development Review Approval Required. Mixed -use projects shall require approval of a site development review in compliance with Section 20.52.080 (Site Development Reviews). B. Development Standards. In addition to the development standards provided in this section, development standards for mixed -use projects are provided in: Table 2-10 (Development Standards for MU-V; MU-MM; MU-DW; and MUCV/15th St.); 2. Table 2-11 (Development Standards for MU-W1 and MU-W2 Mixed -Use Zoning Districts); 3. Table 2-16 (Development Standards for Housing Opportunity Overlay Zones); and 4. Other sections in this Part 4 for specific uses that may be part of the proposed mixed -use project. C. Nonresidential Uses Required on Ground -Floor. All (i.e., one hundred (100) percent) of the ground floor street frontage of mixed -use structures shall be a minimum depth of twenty-five (25) feet and shall be occupied by retail and other compatible nonresidential uses except: 1. As specified otherwise by Table 2-10 or Table 2-11 in Part 2 of this title (Zoning Districts, Allowable Land Uses, and Zoning District Standards); or 2. For common/shared building entrances for residences on upper floors. D. Open Space Areas. Open space areas shall be provided in compliance with Table 2-10 or Table 2-11 in Part 2 of this title (Zoning Districts, Allowable Land Uses, and Zoning District Standards). 1. Private Open Space. The private open space areas required for residential dwelling units (e.g., balconies, decks, porches, etc.) shall be designed to limit intrusion by nonresidents. 2. Common Open Space. The common open space areas required for residential dwelling units shall be separated from nonresidential uses on the site and shall be sited and designed to limit intrusion by nonresidents and customers of nonresidential uses. However, the sharing of common open space may be allowed by the review authority when it is clear that the open space will provide direct benefit to project residents. Common open space uses may be provided on rooftops for use only by the project residents. 01-17-23 23-303 DocuSign Envelope ID: 624586F6-4D69-4101-9D3A-300ECCE30F20 Planning Commission Resolution No. PC2024-006 Paae 25 of 62 E. Sound Mitigation. An acoustical analysis report, prepared by an acoustical engineer, shall be submitted to the Director describing the acoustical design features of the structure that will satisfy the exterior and interior noise standards. Projects shall be attenuated in compliance with the report. Mixed - use projects shall comply with the noise standards in Chapter 10.26. F. Parking, Loading, and Access. 1. Type and Layout of Parking Facility. Parking facilities shall be physically separated for nonresidential uses and residential uses, except for residential guest parking. If enclosed parking is provided for an entire mixed -use complex, separate areas/levels shall be provided for nonresidential and residential uses with separate building entrances, whenever possible, subject to confirmation and approval by the review authority. 2. Loading Areas. Loading areas for nonresidential uses shall be located as faraway as possible from residential uses and shall be completely screened from view from the residential portion of the project and public rights -of -way. Loading areas shall be compatible in architectural design and details with the overall project. The location and design of loading areas shall mitigate nuisances from odors when residential uses might be impacted. 3. Site Access Driveways. Separate site access driveways shall be provided, whenever possible, for nonresidential and residential uses. Site access driveways shall incorporate distinctive architectural elements, landscape features, and signs to help differentiate access to nonresidential parking areas from access to residential parking areas. G. Buffering and Screening. Buffering and screening shall be provided in compliance with Section 20.30.020 (Buffering and Screening). Mixed -use projects shall locate loading areas, parking lots, driveways, trash enclosures, mechanical equipment, and other noise sources away from the residential portion of the development to the greatest extent feasible. H. Notification to Owners and Tenants. Project applicants shall prepare a written disclosure statement prior to sale, lease, or rental of a residential unit in a mixed -use project or located within a mixed -use zoning district. The disclosure statement shall indicate that the occupants will be living in an urban type of environment and that the noise, odor, and outdoor activity levels may be higher than a typical suburban residential area. The disclosure statement shall include a written description of the potential impacts to residents of both the existing environment and potential impacts based upon the allowed uses in the zoning district. Each and every buyer, lessee, or renter shall sign the statement acknowledging that they have received, read, and understand the disclosure statement. The project applicant shall covenant to include within all deeds, leases or contracts conveying any interest in a residential unit in a mixed -use project or located within a mixed -use zoning district (1) the disclosure and notification requirement stated herein; (2) an acknowledgment by all grantees or lessees that the property is located within an urban type of environment and that the noise, odor, and outdoor activity levels may be higher than a typical suburban residential area; and (3) acknowledgment that the covenant is binding for the benefit and in favor of the City of Newport Beach. I. Deed Notification. As a condition of project approval for a residential unit in a mixed -use project or in a mixed -use zoning district, applicants shall record a deed notification with the County Recorder's Office, the form and content of which shall be satisfactory to the City Attorney. The deed notification document shall state that the residential unit is located in a mixed -use project or in a mixed -use zoning district and that an owner may be subject to impacts, including inconvenience and discomfort, from 01-17-23 23-304 DocuSign Envelope ID: 624586F6-4D69-4101-9D3A-300ECCE30F20 Planning Commission Resolution No. PC2024-006 Paae 26 of 62 lawful activities occurring in the project or zoning district (e.g., noise, lighting, odors, high pedestrian activity levels, etc.). (Ord. 2010-21 § 1 (Exh. A)(part), 2010) 01-17-23 23-305 DocuSign Envelope ID: 624586F6-4D69-4101-9D3A-300ECCE30F20 Planning Commission Resolution No. PC2024-006 Paae 27 of 62 FW'Vm"-- M12 TITLE 20 (PLANNING AND ZONING) AMENDMENT MULTI -UNIT OBJECTIVE DESIGN STANDARDS Section 20.48.185 (Multi -Unit Objective Design Standards) would be added to Title 20 (Planning and Zoning) of the NBMC in its entirety, as follows with additional consideration given to formatting: 20.48.185 Multi -Unit Objective Design Standards A. Purpose. The purpose of the Objective Design Standards is to ensure the highest possible design quality and to provide a baseline standard for all new multi -unit development in Newport Beach. Multi -unit housing proposals must, at a minimum demonstrate compliance with all the standards contained herein. Proposals not consistent with any of these standards shall be required to seek approval through a discretionary site development review process as provided by Chapter 20.52.080 (Site Development Reviews). Applicants may request site development review to demonstrate that a project meets or exceeds the intent of the standards in this document by other means. The Objective Design Standards shall serve as the basis for evaluating proposed deviations; applicants using a discretionary review process shall refer to the Objective Design Standards to demonstrate how the proposal meets or exceeds the intent of the Newport Beach Development Code. B. Intent. The objective design standards are intended to result in quality design of multi- unit residential and mixed -use development. Review under these standards supports development that builds on context, contributes to the public realm, and provides high quality and resilient buildings and public spaces. These standards shall be applied uniformly and without discretion to enhance the built environment for both affordable and market -rate multi -unit residential development. C. Applicability. The standards shall be used for review of multi -unit development applications, including by -right and discretionary applications. The development standards in this subsection shall apply to residential and mixed -use development projects that include a residential density of a minimum of 20dwelling units per acre, which is calculated as an average over a project site. When an applicant elects to deviate from these objective development standards, approval of site development review by the Planning Commission shall be required in compliance with Chapter 20.52.080. The Planning Commission may waive any of the design and development standards in this section upon finding that: 1. The strict compliance with the standards is not necessary to achieve the purpose and intent of this section; and 2. The project possesses compensating design and development features that offset impacts associated with the modification or waiver of standards. D. General Standards 1. Multi -unit development orientation shall comply with the following standards: a. Residential developments with more than 8 buildings shall provide a minimum of two (2) distinct color schemes. A single -color scheme shall be dedicated to no less than 30 percent of all residential buildings. b. Residential developments with 30 or more buildings shall provide a minimum of three (3) distinct color schemes. The number of buildings in single style shall be no less than 30 percent. 01-17-23 23-306 DocuSign Envelope ID: 624586F6-4D69-4101-9D3A-300ECCE30F20 Planning Commission Resolution No. PC2024-006 Paae 28 of 62 c. Pedestrian linkages to nearby neighborhoods, schools, parks, commercial projects, and parking areas shall be provided. d. Visual interest shall be provided through architectural variety, especially where several new buildings face streets, such as by using different layouts and/ or architectural features. Abutting buildings shall have complimentary architectural styles. e. Except for garage entrances, structured parking shall not be visible from the primary streets or any public open space, unless treated in an architectural manner subject to the approval of the Director. f. Loading docks and service areas on a corner lot must be accessed from the side street. g. In order to accommodate a minimum of one vehicle entering the facility, controlled entrances to parking facilities (gates, doors, etc.) shall be located a minimum of 18 feet from the back of sidewalk. 2. Mixed -use buildings orientation shall comply with all the standards mentioned above and the following standards: a. Commercial/office unit entrances shall face the street, a parking area, or an interior common space. b. Entrances to residential units shall be physically separated from the entrance to the permitted commercial uses and clearly marked with a physical feature. Buildings along streets and open space shall provide visual interest by using different form, color, and materials E. Orientation 1. Building entries shall face the primary public street with direct pedestrian connections to the public sidewalks, unless determined to be infeasible due to topographic constraints by the Director. Pedestrian connections to the public sidewalks shall also be provided to parking areas and publicly accessible open space. For larger sites with multiple buildings, building entries may also be oriented to face internal open spaces, paseos, and recreation amenities. 01-17-23 23-307 DocuSign Envelope ID: 624586F6-4D69-4101-9D3A-300ECCE30F20 F Planning Commission Resolution No. PC2024-006 Paae 29 of 62 2. Parking areas, covered and uncovered, shall be screened from public street frontages. Screening may be accomplished through building placement, landscaping, fencing, or some combination thereof. 3. For multi -unit projects located across the street from a single -unit family zoning district, parking lot areas and carports shall not be located along the single -unit neighborhood street frontages. 4. Buildings shall be arranged to provide functional common outdoors spaces (such as courtyards, paseos, or parks) for the use of residents. f V1 U Public Street Public SIre@r Graphic rlcr - .::. Aram6Kis .. . �ar .ti _ r Building entries shall face a public street, internal open space, or paseo Parking Standards 1. Parking Lots. Parking shall comply with standards as specified in NBMC Section 20.40.070. 01-17-23 23-308 DocuSign Envelope ID: 624586F6-4D69-4101-9D3A-300ECCE30F20 Planning Commission Resolution No. PC2024-006 Paae 30 of 62 a. Parking lots shall be placed to the side or rear of buildings. Parking lots shall be connected to building entrances by means of internal pedestrian walkways. b. In surface parking lots with 10 or more spaces, a minimum of 14 square feet of landscape area shall be provided per parking space. Landscaping may be provided in parking lot planters and/or for perimeter screening. Parking lots shall be shielded from view from adjoining streets 2. Residential Garages a. Street -facing garage doors serving individual units that are attached to the structure must incorporate one or more of the following so that the garage doors are visually recessive and complementary to other building element: i. Garage door windows or architectural detailing consistent with the main dwelling. ii. Arbor or other similar projecting feature above the garage doors. 3. Parking Structures and Loading Bays a. Parked vehicles at each level within the structure shall be shielded from view from adjoining streets. b. The exterior elevations of parking structures shall be designed to minimize the use of blank concrete facades. This shall be accomplished through the use of decorative textured concrete, planters or trellises, or other architectural treatments. 01-17-23 23-309 DocuSign Envelope ID: 624586F6-4D69-4101-9D3A-300ECCE30F20 G Planning Commission Resolution No. PC2024-006 Paae 31 of 62 L " J J 1 - M. 1 o ME Parking structures shall be shielded from view from adjoining streets Common Open Space 1. The required front yard area shall not be counted toward satisfying the common recreation area requirement. 2. Residential unit entries shall be within a 1/4 mile walking distance of common open space. 3. Pedestrian walkways shall connect the common open space to a public right-of-way or building entrance. 4. Open space areas shall not be located directly next to arterial streets, service areas, or adjacent commercial development to ensure they are sheltered from the noise and traffic of adjacent streets or other incompatible uses. Alternatively, a minimum of ten (10) foot wide, dense landscaping area shall be provided as screening, but does not count towards the open space requirement. 5. An area of usable common open space shall not exceed an average grade of ten (10) percent. The area may include landscaping, walks, recreational facilities, and small decorative objects such as artwork and fountains. 6. All common open spaces shall include seatings and lighting. 01-17-23 23-310 DocuSign Envelope ID: 624586F6-4D69-4101-9D3A-300ECCE30F20 Planning Commission Resolution No. PC2024-006 Paae 32 of 62 X H. Recreation Amenities 1. All play areas shall be located away from high automobile traffic and shall be situated for maximum visibility from the dwelling units. 2. Senior housing and/or housing for persons with disabilities shall be exempt from the requirement to provide play areas, but shall provide areas of congregation that encourage physical activity. 3. One common recreational amenity shall be provided for each 50 units or fraction thereof. Facilities that serve more people could be counted as two amenities. Examples of amenities that satisfy the recreational requirements include: a. Clubhouse at a minimum of 750 square feet. b. Swimming Pool at a minimum of 15x30 feet or equal surface area. c. Tennis, Basketball or Racquetball court. d. Children's playground at a minimum of 600 square feet. e. Sauna or Jacuzzi. f. Day Care Facility. g. Community garden. 01-17-23 23-311 DocuSign Envelope ID: 624586F6-4D69-4101-9D3A-300ECCE30F20 Planning Commission Resolution No. PC2024-006 Paae 33 of 62 h. Other recreational amenities deemed adequate by the Director. I. Landscaping. All landscaping shall comply with all standards as specified in Chapter 20.36. 1. A minimum of 8 percent of the total site shall be landscaped. Required setbacks and parking lot landscaping may be counted toward this requirement. 2. Landscaping materials shall comply with the following: a. Ground cover instead of grass/turf; and/or 01-17-23 23-312 DocuSign Envelope ID: 624586F6-4D69-4101-9D3A-300ECCE30F20 Planning Commission Resolution No. PC2024-006 Paae 34 of 62 b. Decorative nonliving landscaping materials including, but not limited to, sand, stone, gravel, wood or water may be used to satisfy a maximum of 25 percent of the required landscaping area. c. Turf areas shall be placed in areas for recreational use only and must have a 10 foot minimum dimension. 3. Landscaping and irrigation shall follow local and regional requirements and guidance for approved plant lists to meet the needs of local conditions, where available. For plants and planting materials addressing water retention areas, recommended resources include the Low Impact Development Manual for Southern California prepared by the Southern California Stormwater Monitoring Coalition, State of California Model Water Efficient Landscape Ordinance (MWELO) or Newport Beach Municipal Code Chapter 14.17 (Water -Efficient Landscaping). I J. Frontage Types and Standards. Frontage is the side of a building facing a public street right-of-way. 1. Storefronts for ground floor commercial in mixed -use projects. A frontage that reinforces the commercial character and use of the ground floor of the building. The elevation of the ground floor is located at or near the grade of sidewalk to provide direct public access into the building. a. The ground floor elevation shall be located at the elevation of the sidewalk to minimize the need for external steps and ramps at public entrances. b. Entrance shall be emphasized and clearly recognizable from the street. One or more of the following methods shall be used to achieve this result: i. Projecting non -fabric awnings or canopies above an entry (covered entry); ii. Varied building mass above an entry, such as a tower that protrudes from the rest of the building surface; iii. Special corner building entryway treatments, such as a rounded or angled facets on the corner, or an embedded corner tower, above the entry; iv. Special architectural elements, such as columns, porticoes, overhanging roofs, and ornamental light fixtures; v. Projecting or recessed entries or bays in the facade; 01-17-23 23-313 DocuSign Envelope ID: 624586F6-4D69-4101-9D3A-300ECCE30F20 Planning Commission Resolution No. PC2024-006 Paae 35 of 62 vi. Recessed entries must feature design elements that call attention to the entrance such as ridged canopies, contrasting materials, crown molding, decorative trim, or a 45- degree cut away entry; or vii. Changes in roofline or articulation in the surface of the subject wall. c. Windows and/or glass doors shall cover not less than 50 percent of the first floor elevation along street frontages. d. At least25 percent of the surface area of each upper floor facade shall be occupied by windows. e. Development with retail, commercial, community or public uses on the ground floor shall have a clear floor to floor height of at least 15 feet. Floor -to -floor height may be reduced on sloping sites. f. The minimum height for awnings or marquees is 8 feet above finished grade and the maximum height for awnings or marquees is 12 feet above finished grade; except as otherwise required in the Building Code approved by the City. Ground Floor Commercial Residential Flats i Reta il/C 15 feet (min.) 01-17-23 23-314 DocuSign Envelope ID: 624586F6-4D69-4101-9D3A-300ECCE30F20 Planning Commission Resolution No. PC2024-006 Paae 36 of 62 01-17-23 23-315 DocuSign Envelope ID: 624586F6-4D69-4101-9D3A-300ECCE30F20 Planning Commission Resolution No. PC2024-006 Paae 37 of 62 2. Live-work/office fronts. A frontage that reinforces both residential and work activities that can occur in the building. The elevation of the ground floor is located at or near the grade of sidewalk to provide direct public access to the building. a. The ground floor elevation shall be located near the elevation of the sidewalk to minimize the need for external steps and ramps at public entrances. b. All ground floor tenant spaces that have street frontage shall have entrances on a facade fronting a street. All other ground floor uses may have a common lobby entrance along the front facade or private entrances along other facades. c. Entrances to upper floor units may be provided through a common lobby entrance and/or by a common entrance along a facade fronting a street. d. At least 40 percent of the surface area of the ground floor facade shall be occupied by display windows or translucent panels. e. At least 25 percent of the surface area of each upper floor facade shall be occupied by windows. f. The ground floor shall have a clear floor -to -ceiling height of at least 12 feet. g. The minimum height for awnings or marquees is 8 feet above finished grade and the maximum height for awnings or marquees is 12 feet above finished grade; except as otherwise required in the Building Code approved by the City. h. If the front facade is set back from the public sidewalk, the setback shall be landscaped and/or improved as an extension of the public sidewalk. 01-17-23 23-316 DocuSign Envelope ID: 624586F6-4D69-4101-9D3A-300ECCE30F20 Planning Commission Resolution No. PC2024-006 Paae 38 of 62 Ground Floor Live - Work 1 Office Residential Ground floor - common rooms or 1 2 feet live ! work ,, (min.) 01-17-23 23-317 DocuSign Envelope ID: 624586F6-4D69-4101-9D3A-300ECCE30F20 Planning Commission Resolution No. PC2024-006 Paae 39 of 62 i .. 4 r'JO:r r' 3. Residential fronts. A frontage that reinforces the residential character and use of the buildings. The elevation of the ground floor is typically elevated above the grade of the lot to provide privacy for residences by preventing direct views into the home from the sidewalk. Applicable to buildings with no commercial use on the ground floor. a. Residential frontages reinforce the residential character and use of the building. The ground floor may be elevated a maximum of 36 inches above the grade of the nearest adjacent public or private sidewalk to provide privacy for residences by preventing direct views into the home. i. Garages facing a public street shall not exceed 40 percent of the length of the building facade. ii. Entrances to ground floor units that have street frontage may be provided through a common lobby entrance and/or by private entrances from the adjacent sidewalk. iii. Entrances to upper floor units may be provided through a common lobby entrance and/or by a common entrance along a facade fronting a street. iv. At least 20 percent of the surface area of the ground and upper floor facade shall be occupied by windows. v. If the front facade is set back from the public sidewalk, the setback shall be landscaped (excluding stoops/front porches and paved paths to building entrances). 01-17-23 23-318 - - gg Ilk } --� — — - Photo credit: CrandailAran hula Of � x• wn 1 � / I r 1 I r 4 �- . may„ -;-. M1c., .•r s� ..A ''2...7�: • i _ ,_ 1�'f'JA/Yf�5il drsrdMis� a y Photo crediL-!&an"i9rW*U[a DocuSign Envelope ID: 624586F6-4D69-4101-9D3A-300ECCE30F20 Planning Commission Resolution No. PC2024-006 Paae 41 of 62 Ground Floor Residential G re n a Si P Ile K. Walls and Fences 10 feet {min_} Graphic: credit Crandail Ararnbula 1. Community perimeter or theme walls shall be solid decorative block walls. 2. Wall materials shall be brick, slump stone, tile, textured concrete, stucco on masonry, steel framing, or other material walls which require little or no maintenance. Plain concrete block walls (i.e. precision block) nor chain link fencing with inserts shall not be used as wall materials. 3. The style of the wall shall be the same or similar to the architectural style of the project. 4. All exterior perimeter walls located along public streets shall have an offset of a minimum of 5 feet deep for every 50 linear feet to 75 linear feet of the wall length, or be screened by a minimum of 2 feet of landscaping depth. 5. Retaining walls within a street facing setback and visible from the public sidewalk shall not exceed 4 feet in height and shall provide a minimum of 18 inches deep landscape in front of the wall. 01-17-23 23-320 11=11-01-MAk DocuSign Envelope ID: 624586F6-4D69-4101-9D3A-300ECCE30F20 Planning Commission Resolution No. PC2024-006 Paae 43 of 62 L. Utilities 1. All utility equipment shall be located out of the pedestrian path of travel. All utility equipment shall be purposefully and aesthetically placed adjacent to alleyways, within parking areas, rear or side yards, or within building "notch outs" and screened from public view. 2. If the mechanical equipment cannot be placed in rear or side yards, it shall be either placed on the ground and screened with landscape, or placed on the roof and screened with architectural materials such as roof or parapet consistent with the overall architectural style. 3. Al electrical utility equipment, electrical meters, and junction boxes shall be placed within a utility room. If a utility room is not feasible, then all utility equipment shall be purposefully designed as an integral part of the building development, placed adjacent to alleyways, within parking areas, or within rear or side yards, and screened from public view. M. Private Street Standards. The intent of Private Street realm standards is to foster a low speed, multi - modal internal site circulation network. Streets shall provide a limited amount of curbside parking for visitors, loading, service, and accessible ADA spaces. The streets shall be designed as an amenity for the site, including surface treatments and landscaping similar in character and quality to any paseos or common open space. 1. Private Street Right -of -Way. All new multi -unit development sites that provide private streets shall comply with a minimum width right-of-way standard. a. When on -street parallel parking is not provided, the right-of-way width shall be 41 feet in width. b. When on -street parallel parking is provided, the right-of-way width shall be 50 feet in width. 2. Private Street Zones. Three zones as described below comprise the right-of-way. Variations in width reflect the presence or absence of on -street parking: a. Street Zone (SZ). Streets shall be 26-35 feet in width from curb -to -curb designed to provide motor vehicle and bicycle access. All Police and Fire emergency and maintenance vehicle access standards shall be met. Parallel curbside parking shall be permitted within roadways. Angled or head -in parking shall be prohibited. 01-17-23 23-322 DocuSign Envelope ID: 624586F6-4D69-4101-9D3A-300ECCE30F20 Planning Commission Resolution No. PC2024-006 Paae 44 of 62 b. Sidewalk Zone (SWZ). A minimum of one SWZ, 5-feet-wide, shall be provided.. When on - street parking is provided, the SWZ shall be on the side of street with parking. Shrubs, ground cover, and street trees are prohibited in the zone. c. Landscaping and Paving Zone (LPZ). There shall be a minimum 5-foot Landscaping and Paving Zone. The zone is intended to provide a transition between the street and private residences. Landscaping shall comprise a minimum of 20 percent of the total building frontage(s) area. Landscape planting beds shall have a minimum width of 3 feet. Paving stone, brick or concrete unit pavers or poured in place concrete with integral color pigments is permitted in the Zone. Steps are permitted to above grade first floor entrances. Parking Not Provided M9nFmum 25 feet r 41 feet Right-of-way (When on -street parking not provided) Gcophic cred#t: Crandall Aranibulc Parking Provided Maximum 36 fzet 50 feet Right-of-way (When on -street parking is provided) 01-17-23 23-323 DocuSign Envelope ID: 624586F6-4D69-4101-9D3A-300ECCE30F20 Planning Commission Resolution No. PC2024-006 Paae 45 of 62 N. Private Driveway Standards. The intent of Driveway standards is to provide motor vehicle access to private garages and service areas, pedestrian access between residential garages and doors, and private or public street network. 1. Private Driveway Right -of -Way. All private driveways shall comply with a 26-foot minimum width fire apparatus access standard. No dead-end driveway shall exceed 150 feet in length. 2. Driveway Zones. Two zones described below comprise the driveway: a. Driveway Zone (DZ). Paving shall be asphalt, stone, brick or concrete unit pavers or poured in place concrete with integral color pigment. Stamped concrete shall be prohibited. b. Landscape and Paving Zone (LPZ). A 4-foot minimum width zone shall be provided. The Zone shall be landscaped a minimum of 20 percent of the total site abutting a building. A combination of vines, ornamental, grasses, shrubs, ground cover, and ornamental trees shall be provided. Landscaping in pots is permitted. 01-17-23 23-324 DocuSign Envelope ID: 624586F6-4D69-4101-9D3A-300ECCE30F20 Planning Commission Resolution No. PC2024-006 Paae 46 of 62 Minimum Buil Development Site Back of curb Development ILPZJ 5 ite Mlnumum Build to line k, m�� 26 feet 34 feet minimum I =. LPZI Development Slte a1 - Back of curb Curbless or rolled curb Deve�opment Site Minimum Build to line G faphie efed t Crandall AYambbla O. Publicly Accessible Open Space (PADS) Standards. PAOS is intended to serve as an amenity for multi -unit tenant and surrounding neighborhood residents, employees and visitors. The PAOS shall be configured as passive paseo or promenade mobility corridors that provide walking and biking connections through or along the development site, or more active courtyard gathering spaces that can be the focus for adjacent ground floor uses, especially where ground floor commercial is 01-17-23 23-325 DocuSign Envelope ID: 624586F6-4D69-4101-9D3A-300ECCE30F20 Planning Commission Resolution No. PC2024-006 Paae 47 of 62 provided. The PAOS shall be contiguous, universally accessible, and shall be connected directly to adjacent public realm. Development sites that meet all requirements for providing PADS, shall include one of the options as specified. OPTIONS Promenades Courtyards Paseos © Multi -use path or sidewalk Development Parcel (1 net acre minimum) QPAOS (minimum 3 percent of site) Courtyard PAOS 1. Required PAOS. Development sites with a combined street frontage 200 feet or greater in width and a total development site area of 1 acre or greater shall provide a minimum of 3 percent PAOS of the net site area. All PAOS shall be in addition to all residential zoning common open space. 2. Site Area Calculations. The net site area shall be the total site area minus the following: a. Public Easements. Total area measured between the right-of-way line to the build -to - line. b. Utility Easements. The total area required easements for public utilities through the site. 3. PAOS Design Standards. a. Minimum PAOS width. No paseo, promenade, or courtyard right-of-way shall be no narrower than 20 feet in width. If incorporated in a development plan, paseos or promenades shall include an 8-foot minimum width path; all courtyards shall include a minimum 6-foot minimum width path. b. Access. All PAOS multi -use path access -ways shall be dedicated as a public easement subject to restrictions on hours of use. 01-17-23 23-326 DocuSign Envelope ID: 624586F6-4D69-4101-9D3A-300ECCE30F20 Planning Commission Resolution No. PC2024-006 Paae 48 of 62 WL "WERNEft I t i '• - iT Paseo Publicly Accessible Open Space fI L Promenade Publicly Accessible Open Space P. Facade Modulation Standards. The intent of the standards is to modulate the building's massing and volume— the external dimensions comprising of height, length, width, and depth in a manner that results in buildings that are in proportion to development site context and provides opportunities for applied facade plane and surface architectural visual interest. All multi -unit dwellings, or multi -unit components of mixed -use buildings shall be modulated both vertically and horizontally. Modulation standards are provided for density ranges that correlate with multi -unit building typologies. Townhome buildings shall adhere to standards for buildings up to 30 dwelling units per acre and apartment buildings shall follow standards for buildings with greater than 30 dwelling units per acre. Applicants shall select a set of standards based upon the density of the building. Where development sites are of sufficient size to accommodate multiple building typologies with varying densities, the following Design Standards shall apply to each typology separately. Density allocations may be transferred within a contiguous property. Q. Vertical Modulation The intent of the standards is to minimize the perceived height of a building by visually organizing the facade in a manner that reflects the function of the underlying building floor(s) through the use of varied yet uniform application of height, form, material, and color articulation. 1. Components. All buildings shall be organized into an identifiable base, middle, and top to differentiate the first floor and upper function of the building. This tripartite articulation provides opportunities to create varied application of materials, color, and fenestration. Modern or contemporary building architecture may be approved at the discretion of the Director. a. Base. For multi -story buildings, the first floor primary facade shall constitute the building's base. b. Middle. The primary facade of floor(s) above the base and below the top shall constitute the middle. 01-17-23 23-327 DocuSign Envelope ID: 624586F6-4D69-4101-9D3A-300ECCE30F20 Planning Commission Resolution No. PC2024-006 Paae 49 of 62 c. Top. The primary facade of the uppermost floor(s) to the parapet or ridge line of a building and any facade of a floor(s) that steps back shall constitute the building's top. Buildings shall be vertically modulated with a base, middle, and top Buildings shall be horizontally modulated with recesses or projections 2. Vertical Modulation Changes in Facade Material and/or Color a. Banding. Use of functional and/or decorative horizontal facade belt course, trim, or other projections or recesses at floor lines between the base, middle, and top. The projection or recess shall have a minimum height of 12 inches and a depth of 4 inches. b. Floor Heights. Change in floor -to -floor facade heights at the second floor or above. No middle or top floor -to -floor height shall be less than 10 feet. c. Fenestration. Changes in building window and door widths, heights, depths, materials, and colors. Changes in trim and inclusion or absence of shutters, mullions, muntins, transoms or other window components. d. Cladding Material. Buildings may express vertical modulation by providing a change of cladding materials to denote base, middle and top. Buildings using cladding material to provide vertical modulation are not required to provide banding. For buildings one hundred feet in height, a curtain wall system may be used above the building base. 3. Additional Vertical Modulation Standards 01-17-23 23-328 DocuSign Envelope ID: 624586F6-4D69-4101-9D3A-300ECCE30F20 Planning Commission Resolution No. PC2024-006 Paae 50 of 62 a. First Floor Height. The minimum fist finished floor to second finished floor plate elevation shall be: i. 10 feet —for buildings with density of less than 30 dwelling units per acre. ii. 12 feet —for buildings with density greater than 30 dwelling units per acre, developed as residential only. iii. 15 feet — for buildings with a density greater than 30 dwelling units per acre with commercial uses on the ground floor. b. Vertical Variation. Base, middle and top facade divisions shall be consistent with the underlying floor plate heights. i. Density of less than 30 dwellings per acre — combining, omitting, increasing or decreasing the base or middle facade division height along building frontages shall be prohibited. ii. Density of greater than 30 dwellings per acre— increasing the base and decreasing the middle facade division height shall be permitted for any building facade greater than 60 feet in length. Stepping of plate heights shall be limited to no more than 1/3 of any total facade frontage length. Changes in facade 21 materials & colors Changes in fenestration Banding at floor lines W minimum first floor height Less than 30 Dwelling unit per acre minimum base density buildings (townhome) 01-17-23 23-329 DocuSign Envelope ID: 624586F6-4D69-4101-9D3A-300ECCE30F20 Ridge or parapet One Top Middle Planning Commission Resolution No. PC2024-006 Paae 51 of 62 V3 maximum Primary fagade materials & ..Fors Top cladding .W.M.l 8 color - _-__-- M}ddie do riding material & color Base cladding Base i i ` material & j color Change in door Changein Permitted vertical to floor height fenestration variation in base height Graphic credit (.ran M P— bola 30+ Dwelling unit per acre minimum base density buildings (apartment) R. Horizontal Modulation The intent of the standards is to shorten the perceived length and mass of a building by providing facade recesses and projections that break up the horizontal thrust of a building. The modulation provides opportunities to accentuate and draw visual attention to key building features such as stairwells, elevators, lobbies, and entries, and create usable open spaces such as courtyards. Horizontal modulation is intended to be complemented and strengthened by accompanying application of different facade materials, color, and fenestration; and layering of additional recessed and projected architectural elements such as bays, balconies, and patios. 1. Building Standards for Developments with Density of less than 30 dwelling per acre a. Maximum building length. No building shall be greater than 150 feet in length. b. Required minimum modulation area. A minimum of 10 percent of the total facade area shall be horizontally modulated. c. Minimum depth. All recesses or projections shall be a minimum of 2-feet in depth. d. Maximum number. No facade shall have no more than 2 total recesses or projections per facade. 2. Building Standards for Development with Density of 30 dwellings per acre or greater. a. Maximum facade length. Buildings in excess of 200 feet shall have a horizontal massing break of no less than 20 feet with a depth of 15 feet for every 200 feet of additional overall length. b. Required minimum modulation area. A minimum of 10 percent of the total facade area shall be horizontally modulated. c. Minimum depth. All recesses or projections shall be a minimum of 4 feet in depth. d. Minimum width. All recesses or projections shall be a minimum of 20 feet in width. e. Maximum number. No facade shall have no more than 4 total recesses or projections per facade. 01-17-23 23-330 DocuSign Envelope ID: 624586F6-4D69-4101-9D3A-300ECCE30F20 Planning Commission Resolution No. PC2024-006 Paae 52 of 62 2 maximum recesses or Minimum width Minimum none' depth _ 2' /Hilliillla, iHtil!/ E)Bdudes balconies, patios, terraces, and bay windows terms Total recessed or proj ected farpade area L j Primaryfagade Graph is creditCrandall Aranbuha Less than 30 Dwelling unit per acre minimum base density buildings Excludes balconies, patios, bays or oriel forms Excludes - top floor stepback 1 70 — 10 percent minimum Minimum depth total facade area 1 -- Street Graphic credit Crandatl Arambula Total recessed or projected facade area Primary facade 30+ Dwelling unit per acre minimum base density buildings S. First Floor Opening and Transparency Standards The standards are intended to foster passive `eyes on the street' surveillance of the public realm by providing an adequate number of clear and direct sightlines between first floor residences and 01-17-23 23-331 DocuSign Envelope ID: 624586F6-4D69-4101-9D3A-300ECCE30F20 Planning Commission Resolution No. PC2024-006 Paae 53 of 62 adjacent public realm sidewalks and common areas without compromising residential livability, privacy, and security. For multi -unit buildings with commercial first floor uses, the standards are intended to provide a greater amount of visibility of merchant goods and services for potential walking, rolling, or driving -by clients or customers. For all buildings, the standards apply only to portions of the first floor that contain residential or commercial conditioned/occupied floor areas fronting streets and open common open space. 1. Building Standards for Developments with Density of less than 30 dwellings per acre. a. Minimum Opening Standard. For any at -grade or above -grade residential first floor unit fronting a street or paseo, the building frontages shall be comprised of a minimum 20 percent transparent glazed door and window openings. 2. Building Standards for Developments with Density of 30 dwellings per acre or greater a. Minimum Opening Standard. First floor multi -unit building frontages shall be comprised of transparent glazed door and window openings based public realm frontage adjacency and first floor use as follows: i. 25 percent - for any at -grade or above -grade residential first floor unit fronting a street or paseo. ii. 50 percent - for any mixed use multi -unit building with a first floor commercial use fronting a street, courtyard or paseo and would pertain to commercial spaces only. 30- 50 percent minimum openings 10 feetabove finished First floor calculation alea Finished flood Graphic credit Crandall Pramhula First floor facade Firstfioor openings Less than 30 Dwelling unit per acre minimum base density buildings 30-70 percent minimum opening IV abo finished fk Firstf calculation First finisl fl Graphic credit ClandaA AsarnLuFa First floor facade First floor openings Excluded non -occupied uses 30+ Dwelling unit per acre minimum base density buildings 01-17-23 23-332 DocuSign Envelope ID: 624586F6-4D69-4101-9D3A-300ECCE30F20 Planning Commission Resolution No. PC2024-006 Paae 54 of 62 T. First floor Entry Standards The intent of the standard is to locate building individual unit and lobby entries along street frontages to foster pedestrian neighborhood access and street -oriented activity. Unobstructed sight lines and pedestrian access from the public sidewalk shall be provided. The standards do not apply to service and loading entrances. 1. Individual Residential Unit Entrances a. Residential Front Door Standards. At -grade or above -grade first floor individual residential units' entrances shall be accessed directly adjacent public realm or common area unless determined not feasible by the Director or due to site topographic considerations. i. Minimum entry to sidewalk width — walkway, ramp, and stairs connecting to the public sidewalk shall be a minimum of 5 feet in width. ii. Entry stoop, terrace and patio area —if proposed, entry terraces and patio areas shall be a minimum of 40 square feet. If proposed, entry stoops shall be a minimum of 20 square feet excluding any required stairs or ramp area. 2. Lobby Entrances a. Standards. Lobby entrances shall be located at -grade, unless determined not feasible by the Director. Residential and commercial lobby entrances shall be accessed directly from the adjacent public realm or PADS. i. No lobby door setback is required . ii. Minimum entry sidewalk width — where entries are setback, walkway width connecting to the sidewalk zone shall be a minimum of 6 feet. iii. Entry landing area — shall be a minimum of 60 square feet. iv. Prohibited — lobby entrance primary entries are prohibited from driveways, at - grade parking lots, parking structures, or alleys unless required due to topographic conditions. 01-17-23 23-333 DocuSign Envelope ID: 624586F6-4D69-4101-9D3A-300ECCE30F20 Planning Commission Resolution No. PC2024-006 Paae 55 of 62 Primary Primary Minimum entry 200-square-foot minimum entrance facade setback entry stoop or terrace j r t r K-r $uiid To :F Direct s6g9f�>- �to public realm P'ytic refit^ Graphic riedd Ganda® A-'±b I. Primary facade Stoop, terrace or patio Primary entrance Individual residential unit front door standards Lobby entrances shall be accessed directly from the street 01-17-23 23-334 DocuSign Envelope ID: 624586F6-4D69-4101-9D3A-300ECCE30F20 Planning Commission Resolution No. PC2024-006 Paae 56 of 62 EXHIBIT "E" LOCAL COASTAL PROGRAM AMENDMENT The Coastal Land Use Plan (CLUP) of the City's Certified Local Coastal Program would be revised as follows, subject to California Coastal Commission review and approval: Current Policy Policy 2.1.2-1 Development in each district and corridor shall adhere to policies for land use type and density/intensity contained in Table 2.1.1-1, except as modified in Sections 2.1.3 to 2.1.8. Policy 2.1.10-1 Land uses and new development in the coastal zone shall be consistent with the Coastal Land Use Plan Map and all applicable LCP policies and regulations. N/A Revised Policy Policy 2.1.2-1 (revised) Development in each district and corridor shall adhere to policies for land use type and density/intensity contained in Table 2.1.1-1, except as modified in Sections 2.1.3 to 2.1.8, and 2.1.11. Policy 2.1.10-1 (revised) Land uses and new development in the coastal zone shall be consistent with the Coastal Land Use Plan Map and all applicable LCP policies and regulations, except as modified by all Policies in the 2.1.11 series. Policy 2.1.11-1 (new) Accommodate housing opportunities through the adoption of housing opportunity overlay coastal zoning districts or other land use regulatory policy. The following areas are intended to be consistent with the Housing Element's focus areas. Properties within each overlay coastal zoning district should include, but are not limited to, sites identified in the Housing Element; however, not all sites must be included, and other sites may be identified in the future through rezoning unless precluded by state law. The City will reserve 25% of allocated dwelling units within the Coastal Zone until such a time as the City's Local Coastal Program has been amended to allow for housing consistent with the implementation of the 6th Cycle Housing Element. Following the City's Local Coastal Program Amendment, priority for the reserved units will be given to sites located within the Coastal Zone. The goal is to ensure an adequate number of sites Citywide to accommodate the City's allocation of the Regional Housing Needs Assessment: Airport Environs: the intent is to support a density between 20 and 50 dwelling units per gross acre to accommodate up to 2,577 total dwelling units within the entire area, inclusive of those properties in the Coastal Zone. West Newport Mesa: the intent is to support a density between 20 and 50 dwelling units per gross acre to accommodate up to 1,107 total dwelling units within the entire area, inclusive of those properties in the Coastal Zone. Newport Center: the intent is to support a density between 20 and 50 dwelling units per gross acre to accommodate up to 2,439 total dwelling units within the entire area, inclusive of those properties in the Coastal Zone. 01-17-23 23-335 DocuSign Envelope ID: 624586F6-4D69-4101-9D3A-300ECCE30F20 Planning Commission Resolution No. PC2024-006 Paae 57 of 62 Current Policy Revised Policy ■ Dover / Westcliff: the intent is to support a density between 20 and 50 dwelling units per gross acre to accommodate up to 521 total dwelling units within the entire area, inclusive of those properties in the Coastal Zone. N/A Policy 2.1.11-2 (new) Residential use of any property included within an established housing opportunity overlay coastal zoning district is allowed regardless of and in addition to the underlying land use category or density limit established herein. An amendment to the Coastal Land Use Plan is not required to develop a residential use within an established housing opportunity zoning overlay coastal zoning district. The maximum density specified for the various overlay coastal zoning districts specified in Policy 2.1.11-1 is an average over the entire property or project site. For example, a portion of a development site may be developed at a higher density than specified by Policy 2.1.11-1 provided other portions of the site are developed at lower densities such that the average does not exceed the maximum. Density calculations and total units do not include units identified as pipeline units or units permitted pursuant to State density bonus law. N/A Policy 2.1.11-3 (new) Residential opportunities are in addition to existing uses allowed by the Coastal Land Use Plan. Properties within the established overlay coastal zones are not required to be developed for mixed -use or residential. Existing uses may continue to operate provided they are legally established and consistent with policies and regulations related to legal nonconforming uses. The adoption of housing opportunity overlay coastal zoning districts shall not affect existing rights to use the property. N/A Policy 2.1.11-4 (new) If residential or mixed -use projects pursuant to a housing opportunity overlay coastal zoning district are developed, projects shall be consistent with applicable overlay coastal zoning district or Implementation Plan requirements unless modified consistent with an established procedure to grant relief from standards (e.g., Coastal Modification or Variance, or the application of Density Bonus regulations). 01-17-23 23-336 DocuSign Envelope ID: 624586F6-4D69-4101-9D3A-300ECCE30F20 Planning Commission Resolution No. PC2024-006 Paae 58 of 62 Chapter 21.28 (Overlay Coastal Zoning Districts [MHP, PM, B, C, And H]) of Title 21 (Local Coastal Program Implementation Plan) of the NBMC would be amended as follows, currently shown in redline -strikeout format for ease of reference only, and subject to California Coastal Commission review and approval: Chapter 21.28 OVERLAY COASTAL ZONING DISTRICTS (MHP, PM, B, C, ANDH, AND HO) Sections: 21.28.010 Purposes of Overlay Coastal Zoning Districts. 21.28.020 Mobile Home Park (MHP) Overlay Coastal Zoning District. 21.28.030 Parking Management (PM) Overlay District. 21.28.040 Bluff (B) Overlay District. 21.28.050 Canyon (C) Overlay District. 21.28.060 Height (H) Overlay District. 21.28.070 Housing Opportunity (HO) Overlay Coastal Zoning Districts. 21.28.010 Purposes of Overlay Coastal Zoning Districts. The purposes of the individual overlay coastal zoning districts and the manner in which they are applied are outlined below. An overlay district may be initiated as a Coastal Zoning Map amendment in compliance with Chapter 21.14 (Coastal Maps). All development shall comply with the applicable development standards (e.g., setbacks, height) of the underlying coastal zoning district in addition to the standards provided in this chapter, if any. In situations where an inconsistency occurs between the development standards of the underlying coastal zoning district and the standards in this chapter, the standards of the overlay district shall prevail. A. MHP (Mobile Home Park) Overlay Coastal Zoning District. The MHP Overlay Coastal Zoning District is intended to establish a mobile home district on parcels of land developed with mobile home parks. The regulations of this district are designed to maintain and protect mobile home parks in a stable environment with a desirable residential character. B. PM (Parking Management) Overlay Zoning District. The PM Overlay Zoning District is intended to provide for areas where parking management plans are appropriate to ensure adequate parking. C. B (Bluff) Overlay Coastal Zoning District. The B Overlay District is intended to establish special development standards for areas of the City where projects are proposed on identified bluff areas. The specific areas are identified in Part 8 of this Implementation Plan (Maps). D. C (Canyon) Overlay Coastal Zoning District. The C Overlay District is intended to establish development setbacks based on the predominant line of existing development for areas that contain a segment of the canyon edge of Buck Gully or Morning Canyon. The specific areas are identified in Part 8 of this Implementation Plan (Maps). E. H (Height) Overlay District. The H Overlay District is intended to establish standards for review of increased building height in conjunction with the provision of enhanced project design features and amenities. (Ord. 2021-26 § 4, 2021; Ord. 2016-19 § 9 (Exh. A)(part), 2016) 01-17-23 23-337 DocuSign Envelope ID: 624586F6-4D69-4101-9D3A-300ECCE30F20 Planning Commission Resolution No. PC2024-006 Paae 59 of 62 F. HO (Housing Opportunity) Overlay Coastal Zoning Districts. The HO Overlay Coastal Zoning Districts are intended to accommodate housing opportunities consistent with the Housing Element's focus areas and to ensure the City can meet its allocation of the Regional Housing Needs Assessment (RHNA). The specific areas are identified in Part 8 of this title (Maps). 21.28.060 Housing OpportunitV (HO) OverlaV Coastal Zoning Districts. A. Applicability. This section applies to properties located in one of the Housing Opportunity (HO) Overlay Coastal Zoning Districts, as identified in Part 8 of this title. This includes the following subareas: 1. HO-1 - Airport Area Environs Area — The Airport Area Environs Area is located north of the Upper Newport Bay Nature Reserve, primarily around the John Wayne Airport. 2. HO-2 - West Newport Mesa Area — The West Newport Mesa Area is located near the southwest corner of the City and primarily consists of industrial properties along 16t" Street, Production Place, and 15t" Street. 3. HO-3 - Dover-Westcliff Area —The Dover-Westcliff Area includes property on both sides of West Coast Highway and the west of Dover Drive. Properties in the Lido Village area are included. 4. HO-4 - Newport Center Area — The Newport Center Area is generally bounded by San Joaquin Hills Road, MacArthur Blvd, Coast Highway, and Jamboree Road. The above listed are general descriptions of each subarea and additional properties may be included with the subarea. To be eligible for the provisions of this chapter, the property must be listed on the HO area map as an "Opportunity Site". B. Uses Allowed. The following uses shall be permitted in the Housing Opportunity (HO) Overlay Coastal Zoning Districts: 1. Any use that is permitted or conditionally permitted in the base zone; 2. Multiple -unit development that meets the density requirements set forth in this section; 3. Mixed -use development that includes a residential component which complies with the minimum density set forth in this section; and 4. Residential supporting uses such as leasing/sales/property management offices, fitness facilities. recreation facilities. etc. C. Subarea Development Standards. 1. Development Standards. The following development standards shall apply to any residential or mixed -use project permitted pursuant to this section. Unless otherwise modified by this section, all applicable development standards, including any adopted objective design standards, shall apply. 01-17-23 23-338 DocuSign Envelope ID: 624586F6-4D69-4101-9D3A-300ECCE30F20 Planning Commission Resolution No. PC2024-006 Paae 60 of 62 TABLE 21.28-1 DEVELOPMENT STANDARDS FOR HOUSING OPPORTUNITY OVERLAY ZONES Housing Opportunity Subareas Development Feature HO-1 HO-2 1 HO-3 HO-4 Lot Size/Dimension Per Base Zone Lot area required per unit Minimum: 2,178(20 du/ac) Maximum: 871 50 du/ac Minimum: 2,178 (20 du/ac) Maximum: 871 (50 du/ac) (Sq. ft.' Setbacks Front 0 ft.(2) 10 ft.(2) 10 ft.(2)(3) 0(2) Rear 0 20 ft. 20 ft. 0 Side 0' (4) Street Side 0(2) 10 ft.(2) 10 ft.(2) 0 ft.(2) Height Per Base Zone 65 ft. 65 ft.(5) Per Base Zone (6) unless otherwise identified on the ma Building Separation 10 ft. Floor Area Ratio FAR No restriction (6) Common Open Space(7) Minimum 75 square feet/dwelling unit. (The minimum dimension len th and width shall be 15 feet. Private Open Space 5% of the gross floor area for each unit. (The minimum dimension len th and width shall be 6 feet. Fencing See Section 21.30.040 (Fences, Hedges, Walls, and Retaining Walls . Landscaping See Section 21.30.075 (Landscaping) and 21.30.085 (Water Efficient LandscapipcD. Li htin See Section 21.30.070 Outdoor Li htin Parking See Subsection (D)(2) below and Chapter 21.40 (Off -Street Parkin Si ns See Chapter 21.30.065 (Sign Standards). (1) Minimum/maximum allowable density range may be based on an average density of the entire project site, excluding density bonus units. (2) Any portion of the building that is over 20 feet in height shall be setback a minimum 20 feet from the street right-of- way. (3) Except in the Mixed -Use Mariners Mile (MU-MM) Zoning District wherein residential uses are only allowed beginning 100 feet north of Coast Highway. (4) The combined total from both sides shall be 15 feet. (5) The height shall be limited to 35 feet in the Shoreline Height Limit Area, as identified in Map H-1. (6) The FAR in this table only applies to residential floor area, including any supporting facilities. In mixed -use developments, the FAR for nonresidential is still applicable. (7) For purposes of this section, common and private open space in HO-1 may include enclosed shared amenities such as a clubhouse, swimming pool, tennis court, basketball court, racquetball court, weightlifting facility, children's Dlavaround equipment. sauna, iacuzzi. day care facility. or anv other recreational amenities/facilities as deemed appropriate by the Community Development Director 01-17-23 23-339 DocuSign Envelope ID: 624586F6-4D69-4101-9D3A-300ECCE30F20 Planning Commission Resolution No. PC2024-006 Paae 61 of 62 2. Airport Area Environs Area (HO-1). The following development standards shall only apply to Droiects with the Airport Area Environs Area: a. Sound Mitigation. The interior ambient noise level of all new residential dwelling units shall meet applicable standards of the Section 10.26.030 (Interior Noise Standards). An acoustical analysis report, prepared by an acoustical engineer, shall be submitted describing the acoustical design features of the structure that will satisfy the interior noise standard. The residential units shall be constructed, and noise attenuated in compliance with the report. b. Advanced Air Filtration. The desian of all new residential and mixed -use residential developments shall include advanced air filtration systems to promote cleaner air within livina environments. c. Notification to Owners and Tenants. A written disclosure statement shall be prepared prior to sale, lease, or rental of a residential unit within the development. The disclosure statement shall indicate that the occupants will be living in an urban type of environment adjacent to an airport and that the noise, odor, and outdoor activity levels may be higher than a typical suburban residential area. The disclosure statement shall include a written description of the potential impacts to residents of both the existing environment (e.g., noise from planes, commercial activity on the site and vehicles streets) and potential nuisances based upon the allowed uses in the zoning district. Each and every buyer, lessee, or renter shall sign the statement acknowledging that they have received, read, and understand the disclosure statement. A covenant shall also be included within all deeds, leases or contracts conveying any interest in a residential unit within the development that requires: (1) the disclosure and notification requirement stated herein, (2) an acknowledgment by all grantees or lessees that the property is located within an urban type of environment and that the noise, odor, and outdoor activity levels may be hiaher than a tvDical suburban residential area: and (3) acknowledament that the covenant is binding for the benefit and in favor of the City of Newport Beach. 3. West Newport Mesa Area (HO-2). The following development standards shall only apply to protects with the West Newport Mesa Area: a. West Newport Mesa Streetscape Master Plan. Any residential or mixed -use residential development shall implement applicable components of the adopted West Newport Mesa Streetscape Master Plan. D. General Development Standards. The following development standards shall apply to all projects within the Housing Opportunity zone, regardless of subarea: 1. Landscaped Setbacks. All front and street side setbacks shall be landscaped, except for areas that provide vehicle and pedestrian access to the right-of-way. 2. Residential Off -Street Parking Requirements. Residential parking requirements for protects within the Housing Opportunity Overlay Zones shall be provided in accordance with Table 21.28- 2 below. Parking for all other uses not included in this table shall be provided in accordance with Chapter 21.40 (Off -Street Parkina Reauirements) of the NBMC. 01-17-23 23-340 DocuSign Envelope ID: 624586F6-4D69-4101-9D3A-300ECCE30F20 Planning Commission Resolution No. PC2024-006 Paae 62 of 62 TABLE 21.28-2 RESIDENTIAL OFF-STREET PARKING FOR HOUSING OPPORTUNITY OVERLAY ZONES Land Use Subtype Parking Requirement Residential Rental Studio 1 Bedroom 2 Bedrooms 3 Bedrooms Visitor EgLking 1.1 spaces 1.5 spaces per dwelling per dwelling unit unit 1.8 spaces per dwelling unit 2.0 spaces per dwelling 0.3 spaces PeLOwellin unit unit Residential (Ownership) Studio 1 Bedroom 2 Bedrooms 3 Bedrooms Visitor EgLking 1.4 spaces per dwelling unit 1.8 spaces per dwelling 1.8 spaces per dwelling 2.0 spaces per dwelling unit unit unit 0.3 spaces per dwelling unit 01-17-23 23-341 Attachment L May 16, 2024, ALUC Staff Report and Corresponding Action Letter 23-342 ORANGE I COUNTY AIRPORT LAND USE COMMISSION FOR ORANGE COUNTY uG 3160 Airway Avenue - Costa Mesa, California 92626 - 94-9.252.5170 fax: 949.252.6012 AGENDA ITEM 3 May 16, 2024 TO: Commissioners/Alternates FROM: Julie Fitch, Interim Executive Officer SUBJECT: City of Newport Beach Housing Element Implementation Program Amendments - Proposed Amendments to the General Plan Land Use Element, Title 20 (Planning and Zoning) of the Newport Beach Municipal Code (NBMC), and Local Coastal Program Background In September 2021, the City of Newport Beach submitted its 2021-2029 Housing Element Update (Housing Element) to the Airport Land Use Commission for Orange County (ALUC) for a consistency review. The City was assigned a Regional Housing Needs Allocation (RHNA) allocation of 4,845 units for the planning period 2021-2029, and identified five "focus areas" to accommodate the City's RHNA planning obligation: Airport Area Environs; West Newport Mesa; Newport Center; Dover/Westeliff; and Coyote Canyon. See Attachment 1 for locations of Housing Element Focus Areas and a map and list of sites in the Jobn Wayne Airport Area. Your Commission found the Update to be inconsistent with the Airport Environs Lana' Use Plan for John Wayne Airport (AEL UP for JWA) due to noise, safety and land -use incompatibility issues. The City overruled ALUC's determination in February 2022, and adopted the Housing Element in September 2022. Since then, the City has made various amendments to its General Plan, Specific Plans and Zoning Code to implement the Update. In August 2023, the City submitted noise -related amendments to its Land Use Element, Noise Element, Zoning Code, Newport Place Planned Community, and Newport Airport Village Planned Community to accommodate the residential "opportunity" sites located within the 65 dB CNEL contour that were included in the Housing Element. The Housing Element identified 28 new residential sites within the 65 dB CNEL and 23 new sites for residential development within the 60 dB CNEL. The Housing Element removed a policy that was included in previous Housing 23-343 Agenda Item 3 — Newport Beach Housing Element Implementation Amendments May 16, 2024 Page 2 Elements prohibiting residential uses within the 65 dB CNEL, and the City revised or removed similar policies from the Noise Element, Land Use Element, Newport Place Planned Community, Newport Airport Village Planned Community, and the Zoning Code. In addition, the City proposed to change the noise contours that the subject plans are based on to the contours that were included in the 2014 Settlement Agreement Amendment EIR 617. Your Commission found the noise -related amendments to be inconsistent with the AELUP for JWA due to noise, safety and land -use incompatibility issues. The City overruled ALUC's determination and adopted the Housing Element Implementation Noise Related Amendments in November 2023. Current Proposal The City is now proposing further amendments to meet the requirements of the RHNA, which will impact areas withing the Pluming/Notification Area for John Wayne Airport as shown on Attachment 2. General Plan Amendment ("GPA"). The proposed amendments to the Land Use Element include both revised policies and new policies to implement the Housing Element. The new Land Use Element Policies 4.4 through 4.7 serve to allow for potential residential development in areas that do not necessarily allow it currently. (See Attachment 3 for excerpts from the proposed Land Use Element). Each of the new policies are summarized inthe table below, included in the City's April 18, 2024, Planning Commission Staff Report Item #3, which can be found on the City's website: htt s://ecros.new ortbeachca. ovAVEB/DoeView.as x?id=2954635&dbid=0&re o=CNB Table 2, General Plan Land Use Element New Policies Policy LU 4.4 (Rezoning to Accom Housing Opportunities) LU 4.5 (Residential Uses and Residential Densities) LU 4.6 (Continuation of Existing Development) Effect Supports the creation of the Housing Opportunity Overlay Zoning Districts and provides guidance on associated development limits for each focus area. Clarifies that residential use of identified properties is allowed regardless of and in addition to the underlying land use category or density. Identifies the maximum density in Policy 4.4 as an average across an entire property or project site. Furthermore, this Policy clarifies that development limits do not include units that are produced pursuant to state density bonus law or current pipeline units. Reinforces that residential development opportunities are in addition to the existing uses allowed by the General Plan. The allowance for residential does not require development as residential nor does it create nonconforming conditions. 23-344 Agenda Item 3 -- Newport Beach Housing Element Implementation Amendments May 16, 2024 Page 3 LU 4.7 (Redevelopment and Transfer of Development Rights) Works in conjunction with current Policy 4.3 (Transfer of Development Rights) and allows the transfer of development rights within the same statistical area when a property is redeveloped. For example, removing an office building for a residential development would free up the net change in trips thereby allowing for additional nonresidential intensity on a neighboring site within the same statistical area. This condition will help to ensure the opportunity for adequate resident -serving commercial in newly development residential neighborhoods. Amendment to Title 20 (Planning and Zoning) of the N 1MC ("ZCA"). To implement the Land Use Element's policy changes the City must rezone identified properties to allow housing development as an opportunity and to establish appropriate development standards. The proposed amendment to Title 20 consists of two primary components. The first is the proposed Housing Opportunity (HO) Overlay Zoning Districts, which would be applied to the housing opportunity sites identified in the Housing Element. These sites generally include properties within the Airport Area (2,577 units), West Newport Mesa (1,107 units), Dover-Westcliff (531 units), Newport Center (2,439 units), and Coyote Canyon (1,530 units). The second component is the proposed Multi -Unit Objective Design Standards. See Attachment 4 for excerpts from the proposed Title 20 Planning and Zoning Amendment. Local Coastal Program Amendment ("LCPA"). The proposed amendments would revise and create new policies within the City's Coastal Land Use Plan and to update Title 21 (Local Coastal Program Implementation Plan) of the Newport Beach Municipal Code ("NBMC") to support housing production in the focus areas identified by the 6th Cycle Housing Element and within the Coastal Zone. The amendment would add the new Housing Opportunity (HO) Overlay Coastal Zoning Districts and related development standards. See Attachment 5 for excerpts from the proposed Local Coastal Program Amendment, The City has held/scheduled the following public hearings: April 18, 2024 Planning Commission (recommended approval) July 23, 2024 City Council Certain components of the proposed Housing Element Implementation Amendments constitute a "Major Amendment" in the City's Charter, therefore they require a majority vote of the electorate. The City intends to move in the direction of putting the item(s) on the ballot in the coming months. AELUP For JWA Issues Regarding Aircraft Noise Impacts: Section 3,2.3 of the AELUP Noise Impact Zone 1 — High Impact 65 dB and above, states "Noise impact in this zone is sufficient to warrant restrictions on residential uses and to require sound 23-345 Agenda Item 3 — Newport Beach Housing Element Implementation Amendments May 16, 2024 Page 4 attenuation measures on other uses. The ALUC does not support residential development within the 65 dB CNEL noise contour." Section 3.2.1 of the AELUP states that the General Land Use policy of the Airport Land Use Commission for Orange County shall be, "within the boundaries of the AELUP, any land use may be found to be Inconsistent with the AELUP which... places people so that they are affected adversely by aircraft noise..." This section further states, "Adverse effects of aircraft noise are defined by the "reasonable person" concept presented in the Noise Standards for California Airports, Title 21 of the California Code of Regulations (Appendix G). Adverse effects of aircraft noise include single event noise disturbances to which people near airports are subjected." Attachment 6 is an exhibit showing the residential sites included in the Housing Element Update, which will also be impacted by the proposed amendments, in relation to the noise contours adopted by the ALUC and included in the AELUP for JWA. The proposed amendments will provide additional policies and land use designations and standards which serve to further support the City's efforts to allow residential uses in the 65 CNEL. The City also included in its submittal (at the end of this packet), these same sites in relation to the City's new adopted noise contours which were not approved by ALUC. Regarding Height Restrictions: Many of the residential sites included in the Housing Element are located in the Approach Surface, Transitional Surface, and Horizontal Surface of the Federal Aviation Regulation (FAR) Part 77 Obstruction Imaginary Surfaces for JWA (see Attachment 7). Height increases are proposed for two sites located on Newport Beach Golf Course property between Mesa Drive and Anniversary Lane (Housing Element Sites #25 and #26). These sites are proposed for an increase in height to 60' Above Ground Level (AGL). With approximate ground elevations of 46 to 53 feet, these structures would penetrate the Notification Area of 102' AMSL and Form 7460s would be required. The City's maximum heights for these sites would not penetrate the Obstruction Imaginary Surfaces. Regarding Flight Tracks and Safety Zones: The Housing Element identified 58 new housing sites within Safety Zone 6-Traffic Pattern Zone, and four sites within Safety Zone 4-Outer Approach/Departure Zone, including one of the sites proposed for a height increase to 60'. (See Attachment 8). Many of the sites located in Safety Zones 4 and 6 are also located in the 65 dB CNEL contour. According to the California Airport Land Use Planning Handbook, noise and overflight should be considered in Safety Zone 6 and residential uses should be limited to low density in Safety Zone 4. Attachment 9 illustrates flight tracks provided by the John Wayne Airport Noise Office for three separate days in April and in July of 2023. As shown on the exhibits, there are numerous flights over the housing sites in the Airport Area, with a concentration of flights over the primary approach corridor and sites east of the airport within Safety Zone 6 and the transitional surface for JWA. The location and number of residential sites within Safety Zones 4 and 6, with some directly under the flight path of commercial and general aviation flights, suggests that the 23-346 Agenda Item 3 — Newport Beach Housing Element Implementation Amendments May 16, 2024 Page 5 residential land uses would be incompatible with the operations at JWA and subject future residents to excessive noise and safety risks. Regarding Heliports: No heliports are proposed as part of the Noise -Related Amendments, therefore, consistency with the AELUP for Heliports was not evaluated. Conclusion Attachment 10 to this report contains excerpts from the submittal received from the City of Newport Beach. ALUC staff has reviewed the Housing Element Implementation Amendments, including amendments to the Land Use Element, Noise Element, Title 20 (Planning and Zoning Code), and the Local Coastal Program for compliance with the AELUP for John Wayne Airport (JWA), specifically for noise, safety and overflight. The recommendation below is based on the additional policies and land use designations and standards which serve to further allow residential uses within the 65 dB CNEL, and the location of these sites within the Safety Zones and under the approach/departure surface for JWA. Recommendation: That the Commission find the proposed Newport Beach Housing Element Implementation Program Amendments - Proposed Amendments to the General Plan Land Use Element, Title 20 (Planning and Zoning) of the Newport Beach Municipal Code (NBMC), and Local Coastal Program inconsistent with the AELUP for JWA per: 1. Section 2.1.1 Aircraft Noise that the "aircraft noise emanating from airports may be incompatible with general welfare of the inhabitants within the vicinity of an airport." 2. Section 2.1.2 Safety Compatibility Zones in 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. Section 2.1.4, and PUC Section 21674 which state that the Commission is charged by PUC Section 21674(a) "to assist local agencies in ensuring compatible land uses in the vicinity of ...existing airports to the extent that the land in the vicinity of those airports is not already devoted to incompatible uses," and PUC Section 21674(b) "to coordinate planning at the state, regional and local levels so as to provide for the orderly development of air transportation, while at the same time protecting the public health, safety and welfare." 23-34 7 Agenda Item 3 — Newport Beach Housing Element Implementation Amendments May 16, 2024 Page 6 4. 3.2.1 General Policy of the AELUP which states that the General Land Use policy of the Airport Land Use Commission for Orange County shall be "Within the boundaries of the AELUP, any land use may be found to be Inconsistent with the AELUP which... places people so that they are affected adversely by aircraft noise..." Respectfully submitted, Julie Fitch Interim Executive Officer Attachments: 1. Newport Beach Housing Element Focus Areas and Airport Area Sites 2. Sites within. JWA Notification/Planning Area 3. Excerpts from the Land Use Element Update 4. Excerpts from the Planning and Zoning Code Amendment 5. Excerpts from the Local Coastal Program Amendment 6. Residential Sites with Adopted AELUP Noise Contours 7. Map of Obstruction Imaginary Surfaces and Notification Surface 8. Parcels in Safety Zones 9. Flight Track Exhibits 10. Excerpts from the City of Newport Beach Submittal Package 23-348 Housing Element Implementation Program Amendments (PA2022-0245) Planning Commission, April 18, 2024 Page 3 of the Housing Element no later than February 2025. The City is not required to build housing units to meet its RHNA allocation, only to establish the appropriate zoning designations and development standards to allow the private market to develop these units. Of critical importance is that the City is required to ensure the continued and effective implementation of the Housing Element programs including, but not limited to, the provision of sufficient adequately zoned land to accommodate its share of the regional growth and its required share of lower income dwelling units consistent with the General Plan and RHNA obligations. The areas where rezoning is required are focused in five areas of the City, as displayed in Figure 1 below. Although Banning Ranch (now the Randall Preserve) was included as a housing opportunity due to existing development capacity in the current General Plan Land Use Element, it is not being considered as an opportunity site that counts towards meeting the City's RHNA allocation. Dover- Figure ?, Focus Areas for Residential Development PROJECT DESCRIPTION AND DISCUSSION An in-depth and detailed project description has been prepared as Section 3.0 (Project Description) of the Draft Environmental Impact Report ("Draft EIR"), which is digitally attached to this staff report as Exhibit "A" to Attachment No. PC 1, due to size and made available online at www.new. ortbeachca. ov/CEQA. ATTACHMENT 79 4 23-349 _ y5 TwIll— f . —4F WIfF ��► ��, �� },-�_ sue; • . Tol AA 0 �' r� � ftv'�,. �� f�� * " �• 1' ��� � `fit � . � .`4At We �, � ,•a i V'`) • y -,�' ~fir � �% . ==i ap «JY►.� . 1 tow 46 to . ' � _\ 'i�; �r. ram' -� - - 1 � � t� ✓,'z 1 City of Newport Beach 2021-2029 HOUSING ELEMENT El Existing Existingl JWAMester No.61R Ne,ise InvenlorylMap Assessor Existing General Proposed Plan 1985 Setety Zone ID Parcel Number Zoning Ptan Lend Allowable Noise Contour Contour Use HeIgMLimi[ (CNEL) {CNEL} 17 43924120 SP-7 RM 60-65dB 60.650 6 18 42712124 OA AO 65-70d8 65-70d6 6 19 42712124 OA BaseZone 65-70dB 65-70dB 6 20 44512117 PC O-G ;AO WA NIA21 44516103 PC U-H2 60-65 dB WA 6 22 44516103 PC MU-1-12 60-65dB N/A 6 23 11930017 SP-7 PR 35Feet 65-70dB 65-70 CIS 4 24 119 310 04 SP-7 PR 35 Feet 55-70 d8 65-70 d8 4 25 119 30015 SP-7 PR 60 Feet 65.70 dB 60-70 dB 6 26 11930016 SP-7 PR 60Feet 65-70d6 60-70dB 416 27 427131 16 OA AO 65-70 d8 65-70 dB 6 28 42712101 OA AO 65-70dB 65-700 6 29 427131 14 OA AO 65-70 d8 65-70 dB 6 30 427121 02 OA AO 65-70 d3 65-70 d9 6 31 42713115 OA AO 65-70dB 65-700 6 32 445131 26 PC MU-1-12 60-65 dB NIA 6 36 44512111 PC CG NIA NIA 6 45 "5151 09 PC MU-H2 60-65 d6 NIA 6 49 44512106 PC CO-G NIA NIA 8 52 44515101 PC PF 60-65dB NIA 6 53 446121 14 PC CO-G 60-65 d8 N/A 6 54 4 -5121 18 PC CG NIA NIA 6 55 44516104 PC MU-1-12 60.65dB NIA 6 56 44514104 PC MU-H2 NIA NIA 6 69 44512109 PC Cr, NIA NIA 6 61 427121 27 OA AO 65-70 dB 65-70 d8 6 fit 427173 31 PC MU-H2 60-65 dB 60.65 dR 6 63 42738202 PC CO-G 65-70 dR 60-65 dB 6 64 42733204 PC CO-G 65-70d3 60-65dB 6 65 42733203 PC CO-G 65-7008 6D-65dB 6 67 42718101 PC MU-H2 60-65d8 60-65 dB 6 70 42717404 PC MU-H2 BeseZone 60-B5dB 60-65dB 6 71 42722101 PC MU-1-12 60-65dB 60-65dB 6 73 42722205 PC MU-H2 60-65 d8 NIA 6 74 42722206 PC MU-1-12 60-65dB NIA 6 77 42722106 PC MU-H2 60-65dB 60.65dB 6 78 427174 06 PC M!4±3 60.65 dB 60-65 d$ 6 80 42718103 PC MU-H2 60-65dB 60-65dB 6 82 427 221 02 PC CO-G 60-65 dB 60-65 dB 6 83 427117405 PC MU-1-12 60-65 dB 60-65 dB 6 85 42734201 PC MU-1-12 60-65dB 60.65d9 6 86 42722116 PC CO-G 65-70 dB fi5-70dB 6 87 43940101 PF PF NIA NIA 416 89 427221 15 PC MU-1-12 60-65 dB 60435 dB 6 90 427141 14 PC CO-G 65-70 dB 65-70 d6 6 91 936 790 44 PC CO-G 65.70 dB 65-70 d8 6 92 92679050 PC CO-G 65-70dB 65-700 6 93 42714104 PC C0-O 65.70dB 65-70dB 6 94 427141 11 PC CO-G 65-70 dB 65-70 dB 6 95 936 790 48 PC CO-G 65-70 dB 65-70 dB 6 96 427141 07 PC GO-0 65-70 dB fi5-70 d8 6 97 427141 08 PC CO-G 65-70 dS 65-70 dB 6 98 427141 16 PC CO-O 65-70 dB 65-70 d6 6 103 1 44514111 1 PC MU-1-12 NIA WA 6 104 44514112 PC MU-H2 NIA WA 6 105 44514113 PC MU-H2 NIA NIA 6 106 427171 02 PC CG 65-70 dB 65-70 dB 6 107 42722103 PC 00-G 65-70dB 65-70 d8 G 108 42717103 PC CG 65-70 dB 65-70d8 6 109 93679046 PC CO-G 60-65dB 60-6563 6 335 427221 17 PC MU-1-12 60-65 d6 60-65 dB 6 338 44514131 PC MU-H2 NIA NIA 6 343 427181 09 j PC CG 65-70 dB 65-70 dB 6 3" 427141 13 PC CO-G 65-70 dB 65-70 dB 6 356 427131 09 SP-7 AO 65-75 dB 65-70 dB 6 357 44228202 PC I CV 60-65dB NIA 6 23-351 City of Newport Beach 2021-2029 HOUSING CLEMENT EIR Existing Existing/ 1WAMaster No No. Innntary/Map Aaseeaar Existing General Proposed Ran loss 10 PercetHumber Zoning Plan Land Allowable N01seContour Noise SatetyZOrte Use HaVW LirnR ICNELi Contour gage Zpne (CNEL) 35B 43902113 SP-7 CG 60-65d9 60.65d8 3 359 439 021 12 SP-7 CG 60-65 d8 60.65 till 3 360 439 02103 1 SP-7 CG 60-65 dB 60.65 dg 316 363 439 352 21 SP-7 CO-G 65-70 dB 65-70 d8 6 364 49334101 SP-7 RS-0 65-70dB 65-70dB 6 365 43935217 SP-7 CO-0 65-70dB 65-700 6 366 43935220 SP-7 CO-G 65.7068 65-70dS 6 367 439 352 22 SP-7 CO-G 65-70 till 65-70 dB 316 23-352 City of Newport Beach Housing Element Implementation Program Amendments ALUC Submittal, April 26, 2024 EXHIBIT A — Notification Area/Planning Area >r� Costa f�e�d SA eulma" Y , I " `� g "q • 1 _ - llFsye�aw� s} ro �m 1 woo 1 on ,0ach r� 9 m z IV I NO&COon Zone _... cityaoundary Focus Area Airporl Area Housing Sites Aanning Stanch Mousing Sites "1 Coyote Canyon Haltsing Saes 'love 1 wcstcliff Klausing 51tes Nrwport Center Arcs Hotting Sltrs west Vcwpori Mesa Hoos'ng S;Tes 0 0.38 0.15 1,5 Miles I I I I ] I I I t Corr na pet vi C r D1M-�F�'➢"'� -ef"V 23-353 LEGEND AFT © 60'maximum 0 35'mavinum 44F (11) :-- .Ll - .. A- 7 HO-1 Airport Area Environs Area NEr- Ctr,,5, �515!)�Woq -Owjc,, 09, W23 23-354 Land Use Element b. The reduced density/intensity on the donor site provides benefits to the City such as, but not limited to, the (1) provision of extraordinary open space, public visual corridor(s), parking or other amenities; (2) preservation of a historic building or property or natural landscapes; (3) improvement of the area's scale and development character; (4) consolidation of lots to achieve a better architectural design than could be achieved without lot consolidation; and/or (5) reduction of local vehicle trips and traffic congestion; c. The increment of growth transferred to the receiver site complements and is in scale with surrounding development, complies with community character and design policies contained in this Plan, and does not materially degrade local traffic conditions and environmental quality. d. Transfer of Development Rights in Newport Center is governed by Policy 6.14.3 (Imp 2.1, 3.1, 10.2) LU 4.4 Rezoning to Accommodate Housing Opportunities Accommodate housing opportunities through the adoption of housing opportunity overlay zoning districts or other land use regulatorypolicy. The following areas are intended to be consistent with the Housing Element's focus areas. Properties within each overlay district should include but are not limited to sites identified in the Housing Element; however not all sites must be included, and other sites may be identified in the future through rezoning unless precluded by state law. The goal is to ensure an adequate number of sites CitKuide_to accommodate the City's allocation of the Regional Housing Needs Assessment: ■ Ai ort Environs: the intent is to sppl2ort a density between 20 and 50 dwelling units D r grass acre to accommodate up to 2,577 total dwelling units within the area. ■ West Newport Mesa: the intent is to support a density between 20 and 50 dwelling units pet Vross acre to accommodate j1p to 1,107 total dwellin units within the area. ■ NeyMort Center: the intent is to support a density between 20 and 50 dwelling units per gross acre to accommodate up to 2,439 total dwelling units within the area. units per gross acre. ■ Dover estcliff: the intent is to support a density between 20 and 50 dwelling units per gross acre to accommodate up to 521 total dwelling units within the area. ■ Coyote Canyon: the intent is to allow a density between 20 and 60 dwelling units per gross acre of viable land to accommodate up to 1,530 total dwelling units within the area. ATTACHMENT 3 Newport Beach General Plan 23-355 Land Use Element LU 4.5 Residential Uses and Residential Densities Residential use of any property included within an established housing opportunity overlay zoning district is allowed regardless of and in addition to the underlying land use cateegory or density limit established through Police LU 4.1, Table LU 1 and Table LU 2. A general Plan amendment is not required to develop a residential use within an established housing opportunity zoning overlay district. The maximum density specified for the various overlay districts specified in Policy LU 4.2 is an average over the entire 12rol2erty or project site. For example, a portion of a development site may be developed at a higher density than specified by Policy 4.4 provided other portions of the site are developed at lower densities such that the average does not exceed the maximum. Density calculations and total units identified in LU 4.2 do not include units identified as pipeline units or units permitted pursuant to State density bonus law. LU 4.6 Continuation of Existing Development Residential opportunities are in addition to existing uses allowed by the General Plan. Properties within the established overlay zones are not required to be developgd for mixed -use or residential. Existing uses may continue tooperate provided the are legaU established and consistent with policies and re ations related to legal nonconforming uses. The adoption of housing opporturuzz overlay districts shall not affect existing rights to use the property. LU 4.7 Redevelopment and Transfer of Development Rights Within an established housing opportunity overlay zone gnd notwithstanding Polky LU 6.15.5 the intensity of existing allowcd uses of a site may be reconstructed on the site as part of a mixed -use development Provided theeross floor area allowed by the General Plan is not increased, unless it is increased through a General Plan amendment or densi1y bonus concession. The intensi of existing uses may be converted to other uses allowed by the underlying General Plan land use category provided that average &4 tdus and 12eak hour traffic trips are not increased above the trips from the existing allowed use. For example, office intensity may be converted to retail or service commercial. restaurants, or other nonresidential uses provided the General Plan land use category allows these uses. Nonresidential intensity not included as a component of a future residential project will remain within the General Plan allocations on a statistical area -wide basis. The City Council may transfer the intensit�! of a use to another site within the Statistical Area consistent with Policy LU 4.3_or Policy LU 6.15.3. Newport Beach General Plan 23-356 Land Use Element Airport Area The Airport Area encompasses the properties abutting and east of UWA) and is in close proximity to the Irvine Business Complex and University of California, Irvine (UCI). This proximity has influenced the area's development with uses that support JWA and UCI, such as research and development, high technology industrial and visitor -serving uses, such as hotel and car rental agencies. A mix of low-, medium-, and high-rise office buildings predominate, with lesser coverage of supporting multi -tenant commercial, financial, and service uses. A number of buildings are occupied by corporate offices for industry and financial uses. Koll Center, at MacArthur Boulevard and Jamboree Road, was developed as a master planned campus office park. Manufacturing uses occupy a small percentage of the Airport Area. Three large hotels have been developed to take advantage of their proximity to JWA, local businesses, and those in the nearby Irvine Business Complex. The area immediately abutting JWA, referred to as the "Campus Tract," contain a diverse mix of low intensity industrial, office, and airport -related uses, including a number of auto -related commercial uses including carwash, auto --detailing, rental, repair, and parts shops. In comparison to properties to the east, this area is underutilized and less attractive. Office to Airport Area Hotel in Airport Area Development in the Airport Area is limited due to the safety restrictions and noise associated -with John Wayne Airport. Additionally, building heights are restricted for aviation safety. Residential uses can be allowed in the Airport Area on parcels that are wholly or partially outside the 65 dBA CNEL contour as denoted in Figures N4 and N5 of the Noise Element. Figure N5 is largely derived from the 2014 John Wayne Airport Settlement Agreement Amendment Environmental Impact Report (EIR No. 617). Residential uses may be approved in these areas provided interior living areas are protected from excessive noise by appropriate construction techniques that reduce the interior noise to 45 dBA CNEL, consistent with state law. (See Cal. Code Regs., tit. 21, � 5014, subd. (a)(1)-(4).) Parcels that are wholly within the John Wayne Airport 65 dB CNEL contour shown in Figure N5 (e.g., those identified as experiencing noise levels above 65 dB CNEL) are unsuitable for residential development unless and until the City determines, based on substantial evidence, that the site(s) wholly within the 65-70 dB CNEL contours 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. Recent development activity in the City of Irvine's Business Complex to the north has included the transfer of development rights, bringing more intense development closer to the Airport Area and resulting in the conversion of office to residential entitlement. This activity is changing the area to a mixed -use center. Newport Beach General Plan 5.16.24 ALUC Item 43 Page 15 23-357 Land Use Element Through the Visioning process and preparation of the General Plan, the public preferred revitalization of the Airport Area with income -generating land uses. Generally, a range of development types were acceptable as long as traffic is not adversely affected. However, a majority believed that the Airport Area is urban in character, different than other City neighborhoods. Additional density and traffic congestion were considered more acceptable here than other parts of the City. There was strong support for new hotels and broad consensus on mixed -use development with residential and revenue -generating uses. Policy Overview The General Plan provides for the development of office, industrial, retail, and airport -related businesses in the Airport Area, as well as the opportunity for housing and supporting services. The latter would be developed as clusters of residential villages centering on neighborhood parks and interconnected by pedestrian walkways. These would contain a mix of housing types and buildings that integrate housing with ground -level convenience retail uses and would be developed at a sufficient scale to achieve a "complete" neighborhood. Residential and mixed -use (commercial and residential) buildings would be restricted from areas exposed to exterior noise levels of John Wayne Airport 65 dBA CNEL and higher, based on the dBA CNEL contour boundaries 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 such contour area are needed for the City to satisfy its Sixth Cycle RHNA mandate. LU 6.15 A mixed -use community that provides jobs, residential, and supporting services in close proximity, with pedestrian -oriented amenities that facilitate walking and enhance livability. URBAN FORM AND STRUCTURE [refer to Figure LU221 LU 6.15.1 Land Use Distracts and Neighborhoods Provide for the development of distinct business park, commercial, and airport - serving districts and residential neighborhoods that are integrated to ensure a quality environment and compatible land uses. (Imp 1.1, 2.1) LU 6.15.2 Underperforming Land Uses Promote the redevelopment of sites with underperforming retail uses located on parcels at the interior of large blocks for other uses, with retail clustered along major arterials (e.g., Bristol, Campus, MacArthur, and Jamboree), except where intended to serve and be integrated with new residential development. (imp 2.1, 24.1) LU 6.15.3 Airport Compatibility Require that all development be constructed in conformance with the height restrictions set forth by the Federal Aviation Administration (FAA), Federal Aviation Regulations (FAR) Part 77, and Caltrans Division of Aeronautics, and that residential development shall be allowed only on parcels with noise levels of less than John Wayne Airport 65 dBA CNEL noise contour area as shown in Figure Newport Beach G,54Jk-9dVkWraKe 4 e 16 23-358 Land Use Element N5 of the Noise Element of the General Plan, unless and until the City detetti ines, 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. (Imp 2.1, 3.1, 4.1, 14.3) Newport Beach General Plan 5.16.24 ALUC Item #3 Page 17 23-359 ❑ocuSign Envelope ID: 624586F6-4D69-4101-9D3A-300ECCE30F20 Planning Commission Resolution No. PC2024-006 Paqe 13 of 62 EXHIBIT "C" TITLE 20 (PLANNING AND ZONING) AMENDMENT HOUSING OPPORTUNITY (HO) OVERLAY ZONING DISTRICTS Chapter 20.28 (Overlay Zoning Districts [MHP, PM, B, Hj) of the Newport Beach Municipal Code (NBMC) would be amended as follows, currently shown in redline -strikeout format for ease of reference only: Chapter 20.28 OVERLAY ZONING DISTRICTS (MHP, PM, B, HO, H) Sections: 20.28.010 Purposes of Overlay Zoning Districts. 20.28.020 Mobile Horne Park (MHP) Overlay Zoning District. 20.28.030 Parking Management (PM) Overlay District. 20.28.040 Bluff (B) Overlay District, 20.28.050 —Housing Opportunity HO Overlay Zoning Districts. 20.28.060 Height (H) Overlay District. 20.28.010 Purposes of Overlay Zoning Districts. The purposes of the individual overlay zoning districts and the manner in which they are applied are outlined below. An overlay district may be initiated as a Zoning Map amendment in compliance with Chapter 20.66 (Amendments). All development shall comply with the applicable development standards (e.g., setbacks, height) of the underlying zoning district in addition to the standards provided in this chapter, if any. In situations where an inconsistency occurs between the development standards of the underlying zoning district and the standards in this chapter, the standards of the overlay district shall prevail. A. MHP (Mobile Home Park) Overlay Zoning District. The MHP Overlay Zoning District is intended to establish a mobile home district on parcels of land developed with mobile home parks. The regulations of this district are designed to maintain and protect mobile home parks in a stable environment with a desirable residential character. B. PM (Parking Management) Overlay Zoning District. The PM Overlay Zoning District is intended to provide for areas where parking management plans are appropriate to ensure adequate parking. C. B (Bluff) Overlay Zoning District, The B Overlay District is intended to establish special development standards for areas of the City where projects are proposed on identified bluff areas. The specific areas are identified in Part 8 of this title (Maps). D. HO(Housing Opportunity) Overlay Zoning Districts, The HO Overly Zonin Districts are intended to accommodate housing opportunities consistent with the Housing Element's focus areas and to ensure the City can meet its allocation of the Regional Housing Needs Assessment RHNA . The specific areas are identified in Part.8 of this title (Maps) E. H (Height) Overlay District. The H Overlay District is intended to establish standards for review of increased building height in conjunction with the provision of enhanced project design features and amenities. ATTACHMENT 4 01-17-23 5.16.24 AUJC Item #3 Page 18 23-360 DocuSign Envelope ID: 624586F6-4D69-4101-9D3A-300ECCE30F20 Planning Commission Resolution No. PC2024-006 Paqe 14 of 62 20.28.050 Housing Opportunity HO Overlay Zoning Districts. A. A licabilit , This section applies to properties located in one of the Housing Opportunity HO Overlay Zoning Districts as identified in Part 8 of this title.This includes the following subareas; 1. HO-1 - Airport Area Environs Area — The Airport Area Environs Area is located north of the Upper Newport Bay Nature Reserve primarily around the John Wayne Airport. 2. HO-2 - West Newport Mesa Area — The West Newport Mesa Area is located near the southwest corner of the City and rimaril consists of industrial properties along 161h Street Production Place and 151h Street. 3. HO-3 - Dover-Westcliff Area — The Dover-Westcliff Area includes property on both sides of West Coast Highway and the west of Dover Drive, Properties in the Lido Village area are included. 4. HO-4 -Newport Center Area —The Newport Center Area is generally bounded by San Joaquin Hills Road MacArthur Blvd Highway, Coastand Jamboree Road. 5. HO-5 - Coyote Canyon Area — The Coyote Canyon Area is located on the south side of California State Route 73 at the 'unction of Newport Coast Drive. The above listed are general descriptions of each subarea and additional properties may be included with the subarea. To be eligible for the provisions of this chapter, the Property must be listed on the HO area map as an "Opportunity Site". 6. HO-6 - 5th Cycle Housing Element Sites — Those sites that are identified as 5th Cycle Housing Element sites on Figure B-5 of the 61h Cycle Housing Element. See subsection 20.28.050E for alternative review process. B. Uses Allowed. The following uses shall be permitted in the Housing Opportunity HO Overla Zoning Districts with exception of HO-6 where onlV the base zoning standards apply. 1. Any use that is permitted or conditional)permitted in the base zone 2, Multiple -unit development that meets the density requirements set forth in this section 3. Mixed -use develo ment that includes a residential component which complies with the minimum density set forth in this section; and 4. Residential supporting uses such as leasing/sales/property management offices fitness facilities recreation facilities etc. C. Subarea Development Standards. Development Standards. The following development standards shall apply to anV residential or mixed -use romect ermitted pursuant to this section. Unless otherwise modified bV this section all applicable development standards including anV adopted ob'ective desi n standards shall 222L 01-17-23 5.16.24 ALUC Item 43 Page 19 23-361 DocuSign Envelope ID: 624586F6-4b69-41o1-9D3A-300ECCE3OF20 Planning Commission Resolution No. PC2024-006 Paae 15 of 62 TABLE 2-16 DEVELOPMENT STANDARDS FOR HOUSING OPPORTUNITY OVERLAY ZONES Housin O ortunit Subareas Development Feature HO-1 HO-2 HO-3 HO-4 HO-5 HO-6 Development Limit 2,577 1,107 521 2,439 1,530 NIA Units (�) Lot Size/Dimension Per Base Zone Lot area required per Minimum: 2,178(20 dulac Maximum: 871 (50 dulac Minimum: 2,178 (20 dulac) Maximum: 871 (50 dulac) Minimum: All 2,178(20 Standards dulac Per Base Maximum: Zone 726(60 dulac (10) Unit (sq. ft.)(2) Setbacks Front Oft, 10 ft (3) 10 ft (3)(4) 0(3) 10 ft.(3) Rear 0 — 20 ft. 20 ft. 0 20 ft. Side 0 (4) Street Side 0(3) 10 10 ft.(3) 0 ft.(3) 10 ft {3) Height Per Base Zone unless 65 ft. 65 ft.(6) Per Base 65 ft. Zone(') otherwise identified on the map Buildin Se oration 10 ft. Floor Area Ratio (FAR) No restriction(3) Common Open Minimum 75 square feetJdwelling unit. (The minimum dimension [length and width shall be 15 feet. 5% of the gross floor area for each unit. (The minimum dimension [length and widthl shall be 6 feet. Space(9) Private Open Space{9} Fencing See Section 20.30,040 Fences Hedges, Walls and Retaining Walls). Landsca2iaa See Chapter 20.36 Landsi in Standards . See Section 20.30.070 Outdoor Lighting). See Section 20,48,140 (Outdoor Storage, Display, _and Activities . Li htin Outdoor Stora a/Dis la Parking See Subsection (D)(3) below and Chapter 20.40 (Off -Street Parkin Satellite Antennas See Section 20.48.190 (Satellite Antennas and Amateur Radio Facilities . Si Ins See Chapter 20.42 (Sign Standards). (1) Development limits are additional residential development opportunities beyond the base allowances in this Title or the General Plan. These fimits shall not include density bonus units or units that are either identified as pipeline units in the 611_Cycle Housing Element (Table B-2) Dr units that were applied for and predate the effective date of the HO Overlay Zoning Districts. Furthermore eligible units are only counted a ainst the development limits when they are either entitled or are issued a building permit if allowed by right. However. 25% of the development limit within each HO Overlay Zoning District that includes properties within the Coastal Zone shall be reserved until such a time as the City's Local Coastal Program has been amended to allow for housing consistent with the implementation of the 6th 01-17-23 5.16.24 ALUC Item 4#3 Page 20 23-362 DocuSign Envelope ID: 624586F6-4D69-4101-9D3A-30QECCE3DF20 Planning Commission Resolution No. PC2024-006 Paae 16 of 62 Cycle Housing Element. Followin the Cit 's Local Coastal Program Amendment, priority for the reserved units will be given to sites located within the Coastal Zone. (2) Minimum/maximum allowable density range may be based on an averacie density of the entire prolect site excluding density bonus units. (3) Any portion of the building that is over 20 feet in height shall be setback a minimum 20 feet from the street ri ht-of- way (4) Except in the Mixed -Use Mariners Mile MU-MM Zoning District wherein residential uses are only allowed beginning 100 feet north of Coast Highway. (5) The combined total from both sides shall be 15 feet (6) The height shall be limited to 35 feet in the Shoreline Height Limit Area as identified in Map HA (7) "Base Zone" includes all height limitations established by the Sight Plane Ordnance ordinance No. 1371 and Ordinance No. 1596). (8) The FAR in this table only applies to residential floor area including any supportingsuppotng facilities. In mixed -use developments, the FAR for nonresidential is still applicable. (9) For purposes of this section common and private.opens ace in HO-1 may include enclosed shared amenities such as a clubhouse swimmirig pool,tennis court. basketball court racquetball court weightliftinq facility,children's Playground equipment, sauna [acuzzi day care facility, or any other recreational amenities/facilities as deemed appropriate by the Community Development Director. (10) This density is intended for the former Coyote Canyon Landfill site only. The Sae Hill School site is limited to a maximum of 20 dwelling units. 2. Airport Area Environs Area HO-1 . The following development standards shall only apply to projects with the Airport Area Environs Area: Sound Mitigation. The interior ambient noise level of all new residential dwelling units shall meet applicable standards of the Section 10.26.030 Interior Noise Standards). An acoustical anal sis report, Prepared by an acoustical engineer, shall be submitted describing the acoustical design features of the structure that will satin the interior noise standard. The residential units shall be constructed and noise attenuated in compliance with the report. b. Advanced Air Filtration. The design of all new residential and mixed -use residential developments shall include advanced air filtrations stems to promote cleaner air within living environments. Notification to Owners and Tenants. A written disclosure statement shall be Prepared prior to sale lease or rental of a residential unit within the development. The disclosure statement shall indicate that the occulpants will be living in an urban tVpe of environment adjacent to an airport and that the noise odor, and outdoor activity levels may be hi her than a typical suburban residential area. The disclosure statement shall include a written description of the ootential impacts to residents of both the existing environment e. noise from planes, commercial activity on the site and vehicles streets and IDotential nuisances based upon the allowed uses in the zoning district. Each and every buyer lessee or renter shall sign the statement acknowledging that they have received read and understand the disclosure statement. A covenant shall also be included within all deeds leases or contracts conveying any interest in a residential unit within the development that requires: 1 the disclosure and notification requirement stated herein; 2 an acknowledgment by all grantees or lessees that the property is located within an urban type of environment and that the noise odor, and outdoor activity levels may be hi her than a typical suburban residential area and 3 acknowledgment that the covenant is binding for the benefit and in favor of the City of Newport Beach. 3. West Newport Mesa Area HO-2 . The following develo ment standards shall only apply to ro'ects with the West Newport Mesa Area: 01-17-23 5.16.24 ALUC Item #3 Page 21 23-363 DocuSign Envelope ID: 624586F6-4C69-4101-9C3A-300ECCE30F20 Planning Commission Resolution No. PC2024-006 Paqe 17 of 62 a. West Newport Mesa Streetsca e Master Plan, Any residential or mixed -use residential development shall implement applicable components of the adopted West Newport Mesa Streetscape Master Plan. ^� 4. Coyote Canyon Area HO-5 . The following development standards shall only apply to rojects with the Coyote Canyon Area: a. Public Park, Any future residential development within this subarea shall include a public ark that is no less than 3.5 acres in aggregate. As part of the review for the overall Project, the developer shall provide a detailed description of the public park, including timing,dimensions and location within the proiect site. b. Public Trails, Any future residential development shall include public trails for the entire subarea that accommodate multiple modes of transit (i.e., walking and bicycling) and connect to nearby community resources, as well as the existtnq trail system. As part of the review for the overall project, the developer shall provide a detailed description of the trail systems_including timing, dimensions, alignment, and location within the project site. D. General Development Standards. The following development standards shall apply to all romects within the Housing Opportunity zone regardless of subarea: 1. Mixed -use developments. All mixed -use developments shall comply with Section 20.48.130 Standards for Mixed -Use Projects). In addition a minimum of 50% of the floor area of mixed - use developments shall be dedicated to residential uses. For purposes of this section, floor area be defined as all enclosed floor sl2ace, but exclude parking garages/spaces,utility areas and storage areas that are not directly accessible from the interior of a dwelling unit, 2. Landscaped Setbacks. All front and street side setbacks shall be landscaped, except for areas that provide vehicle and oedestrian access to the right-of-way. 3. Residential Cuff -Street Parking Requirements. Residential parking requirements for projects within the Housing Opportunity Overlay Zones shall be provided in accordance with Table 2-17 below. Parking for all other uses not included in this table shall be provided in accordance with Chapter 20.40 Off -Street Parking Requirements) of the NBMC. TABLE 2-17 RESIDENTIAL_ OFF-STREET PARKING FOR HOUSING OPPORTUNITY OVERLAY ZONES Land Use Subtype Parkinq Re uirement Residential Studio 1.1 spaces per dwelling unit (Rental) 1 Bedroom 1,5 spaces per dwelling unit 2 Bedrooms 1.8 spaces iper dwelling unit 3 Bedrooms 2.0 spaces per dwelling unit Visitor P-prking 0.3 s aces per dwellin2 unit Residential Studio 1.4 spaces per dwelling unit 1.8 spaces per dwelling unit (Ownership) 1 Bedroom 2 Bedrooms 1.8 spaces per dwellinq unit 3 Bedrooms 2.0 spaces per dwelling unit Visitor Parkin 0.3 spaces Der dwellin unit 01-17-23 5.16.24 ALUC item #3 Page 22 23-364 Docu&gn Envelope IDS 624586F6-4p69-4101-9D3A-300ECCE30F20 Planning Commission Resolution No. PC2024-006 Paae 18 of 62 E. Review Process. Notwithstanding Sections 20.48.130(A) and 20.52.080, any residential or mixed - use development in the HO Overlay Zones that includes a minimum of 20% of the units reserved for very -low- and low-income residents shall not require a Site Development Review, but shall require an affordable housing implementation plan (AHIP) and shall meet all the following criteria: 1. M units designated as affordable to very -low and/or low-income residents shall be sublect to a minimum 30- ear affordabilitV covenant A 2. Affordable units shall reflect the range of numbers of bedrooms provided in the residential development project as a whole, but may be smaller and have different interior finishes and features than market -rate units 3. Affordable units shall be comparable in the facilities provided(e.g.,laundry, recreation etc. and in the Quuafity of construction and exterior design to the market -rate units; and 4. Affordable units shall be dispersed throughout the residential development. 01-17-23 5.16.24 ALUC Item #3 Page 23 23-365 DocuSign Envelope ID: 624586F6-4D69-4101-9D3A-300ECCE30F20 Planning Commission Resolution No. PC2024-006 Paqe 56 of 62 EXHIBIT "E" LOCAL COASTAL PROGRAM AMENDMENT The Coastal Land Use Plan (CLUP) of the City's Certified Local Coastal Program would be revised as follows, subject to California Coastal Commission review and approval: Current Policy Policy 2.1.2-1 Development in each district and corridor shall adhere to policies for land use type and density/intensity contained in Table 2.1.1-1, except as modified in Sections 2.1.3 to 2.1.8. Policy 2.1.10-1 Land uses and new development in the coastal zone shall be consistent with the Coastal Land Use Plan Map and all applicable LCP policies and regulations. NIA Revised Policy Policy 2.1.2-1 (revised) Development in each district and corridor shall adhere to policies for land use type and densitylintensity contained in Table 2.1.1-1, except as modified in Sections 2.1.3 to 2.1.8, and 2.1.11. Policy 2.1,10-1 (revised) Land uses and new development in the coastal zone shall be consistent with the Coastal Land Use Plan Map and all applicable LCP policies and regulations, except as modified by all Policies in the 2.1.11 series. Policy 2.1.11-1 (new) Accommodate housing opportunities through the adoption of housing opportunity overlay coastal zoning districts or other land use regulatory policy. The following areas are intended to be consistent with the Housing Element's focus areas. Properties within each overlay coastal zoning district should include, but are not limited to, sites identified in the Housing Element; however, not all sites must be included, and other sites may be identified in the future through rezoning unless precluded by state law. The City will reserve 25% of allocated dwelling units within the Coastal Zone until such a time as the City's Local Coastal Program has been amended to allow for housing consistent with the implementation of the 6i'' Cycle Housing Element. Following the City's Local Coastal Program Amendment, priority for the reserved units will be given to sites located within the Coastal Zone. The goal is to ensure an adequate number of sites Citywide to accommodate the City's allocation of the Regional Housing Needs Assessment: Airport Environs: the intent is to support a density between 20 and 50 dwelling units per gross acre to accommodate up to 2,577 total dwelling units within the entire area, inclusive of those properties in the Coastal Zone. West Newport Mesa: the intent is to support a density between 20 and 50 dwelling units per gross acre to accommodate up to 1,107 total dwelling units within the entire area, inclusive of those properties in the Coastal Zone. Newport Center: the intent is to support a density between 20 and 50 dwelling units per gross acre to accommodate up to 2,439 total dwelling units within the entire area, inclusive of those properties in the Coastal Zone, 01-17-23 ATTACHMEN er5R3 Page 24 23-366 DocuSign Envelope 1D: 624686F6-4069-41o1-9D3A-300ECCE30F20 Planning Commission Resolution No. PC2024-006 Page 57 of 62 Current Policy Revised Policy ■ Dover 1 Westcliff: the intent is to support a density between 20 and 50 dwelling units per gross acre to accommodate up to 521 total dwelling units within the entire area, inclusive of those properties in the Coastal Zone. NIA Policy 2.1.11.2 (new) Residential use of any property included within an established housing opportunity overlay coastal zoning district is allowed regardless of and in addition to the underlying land use category or density limit established herein. An amendment to the Coastal Land Use Plan is not required to develop a residential use within an established housing opportunity zoning overlay coastal zoning district. The maximum density specified for the various overlay coastal zoning districts specified in Policy 2.1.11-1 is an average over the entire property or project site. For example, a portion of a development site may be developed at a higher density than specified by Policy 2.1.11-1 provided other portions of the site are developed at lower densities such that the average does not exceed the maximum. Density calculations and total units do not include units Identified as pipeline units or units permitted pursuant to State density bonus law. NIA Policy 2.1.11-3 (new) Residential opportunities are in addition to existing uses allowed by the Coastal Land Use Plan. Properties within the established overlay coastal zones are not required to be developed for mixed -use or residential. Existing uses may continue to operate provided they are legaily established and consistent with policies and regulations related to legal nonconforming uses. The adoption of housing opportunity overlay coastal zoning districts shall not affect existing rights to use the prope. NIA Policy 2.1.11.4 (new) If residential or mixed -use projects pursuant to a housing opportunity overlay coastal zoning district are developed, projects shall be consistentwith applicable overlaycoastal zoning district or Implementation Plan requirements unless modified consistent with an established procedure to grant relief from standards (e.g., Coastal Modification or Variance, or the application of Density Bonus regulations). 01-17-23 5.16.24 ALUC Item #3 Page 25 23-36 7 DocuSign Envelope ID: 624586F6-4D69-4101-9D3A-300FCCE3OF20 Planning Commission Resolution No. PC2024-006 PaQe 58 of 62 Chapter 21.28 (Overlay Coastal Zoning Districts [MHP, PM, B, C, And H]) of Title 21 (Local Coastal Program Implementation Plan) of the NBMC would be amended as follows, currently shown in redline -strikeout format for ease of reference only, and subject to California Coastal Commission review and approval: Chapter 21.28 OVERLAY COASTAL ZONING DISTRICTS (MHP, PM, B, C, ANDH, AND HO) Sections: 21.28.010 Purposes of Overlay Coastal Zoning Districts. 21.28,020 Mobile Home Park (MHP) Overlay Coastal Zoning District. 21.28.030 Parking Management (PM) Overlay District. 21.28.040 Bluff (B) Overlay District. 21.28.050 Canyon (C) Overlay District. 21.28.060 Height (H) Overlay District. 21.28.070 Housing Opportunity HO Overlay Coastal Zoning Districts. 21.28.010 Purposes of Overlay Coastal Zoning Districts. The purposes of the individual overlay coastal zoning districts and the manner in which they are applied are outlined below. An overlay district may be initiated as a Coastal Zoning Map amendment in compliance with Chapter 21.14 (Coastal Maps). All development shall comply with the applicable development standards (e.g., setbacks, height) of the underlying coastal zoning district in addition to the standards provided in this chapter, if any. In situations where an inconsistency occurs between the development standards of the underlying coastal zoning district and the standards in this chapter, the standards of the overlay district shall prevail. A. MHP (Mobile Home Park) Overlay Coastal Zoning District. The MHP Overlay Coastal Zoning District is intended to establish a mobile home district on parcels of land developed with mobile home parks. The regulations of this district are designed to maintain and protect mobile home parks in a stable environment with a desirable residential character. B. PM (Parking Management) Overlay Zoning District. The PM Overlay Zoning District is intended to provide for areas where parking management plans are appropriate to ensure adequate parking. C. B (Bluff) Overlay Coastal Zoning District. The B Overlay District is intended to establish special development standards for areas of the City where projects are proposed on identified bluff areas. The specific areas are identified in Part 8 of this Implementation Plan (Maps). D. C (Canyon) Overlay Coastal Zoning District. The C Overlay District is intended to establish development setbacks based on the predominant line of existing development for areas that contain a segment of the canyon edge of Buck Gully or Morning Canyon. The specific areas are identified in Part 8 of this Implementation Plan (Maps). E. H (Height) Overlay District. The H Overlay District is intended to establish standards for review of increased building height in conjunction with the provision of enhanced project design features and amenities. (Ord. 2021-26 § 4, 2021; Ord. 2016-19 § 9 (Exh. A)(part), 2016) 01-17-23 5.16.24 ALUC Item #3 Page 26 23-368 DocuSign Envelope ID: 624586F6-4D69-4101-9D3A-300ECCE3oF20 Planning Commission Resolution No. PC2024-006 Paqe 59 of 62 F. HO (Housing Opportunity) Overlay Coastal Zoning Districts. The HO Overlay Coastal Zoning Districts are intended to accommodate housing OPPOrtUnities consistent with the Housing Element's focus areas and to ensure the City can meet its allocation of the Regional Housing Needs_ Assessment (RHNA). The specific areas are identified in Part 8 of this title (Maps). 21.28.060 Housing Opportunity (HO) Overlay_Coasta4 Zoning Districts. A. Applicability. This section applies to properties located in one of the Housing Opportunity (HO_) Overlay Coastal Zoning Districts as identified in Part 8 of this title. This includes the following subareas: 1. HO-1 - Airport Area Environs Area — The Airport Area Environs Area is located north of the Upper Newport Bay Nature Reserve, primarily around the John Wayne Airport. 2. HO-2 -West Newport Mesa Area —The West Newport Mesa Area is located near the southwest corner of the City and primarily consists of industrial properties along 1611 Street, Production Place, and 151h 'Street. 3. HO-3 - Dover-Westcliff Area — The Dover-Westcliff Area includes property on both sides of West Coast Highway and the west of Dover Drive. Properties in the Lido Village area are included. 4. HO-4 - Newport Center Area — The Newport Center Area is generally bounded by San Joaquin Hills Road, MacArthur Blvd, Coast Highway, and Jamboree Road. The above listed are general descriptions of each subarea and additional properties may be included with the subarea. To be eligible for the provisions of this chapter, the property must be listed on the HO area map as an "Opportunity Site". B. Uses Allowed. The following uses shall be permitted in the Housing Opportunity HO Overly Coastal Zoning Districts: 1. Any use that is permitted or conditionally permitted in the base zone; 2. Multiple -unit development that meets the density requirements set forth in this_ section 3. Mixed -use develoiDment that includes a residential component which complies with the minimum density set forth in this section; and 4. Residential supporting uses such as leasing/sales/property management offices, fitness facilities, recreation facilities, etc. C. Subarea Development Standards, 1. Development Standards. The followinq development standards shall apQ]Y to any residential or mixed -use project permitted pursuant to this section. Unless otherwise modified by this sections all applicable development standards, including any adopted objective design standards, shall apply. 01-17-23 5.16.24 ALUC Item #3 Page 27 23-369 DocuSign Envelope ID: 624586F6-4D69-410i-9D3A-300ECCE30F20 Planning Commission Resolution No. PC2024-006 Page 60 of 62 TABLE 21.28-1 DEVELOPMENT STANDARDS FOR HOUSING OPPORTUNITY OVERLAY ZONES Housing Opportunity Subareas _Development Feature HO-1 HO-2 HO-3 HO-4 Lot Size/Dimension Per Base Zone Lot area required per unit Minimum: 2-1 820 dulac Maximum: 871 50 dulac Minimum: 2,178 (20_du/ac Maximum: 871 (50 dufac� (Sq. ftT Setbacks Front 0 ft.(2) 10 ft.(2) 10 ft.(2)(3) 012) Rear 0 20 ft. 20 ft. 0 Side Street Side 0(2) 10 ft.(2) 10 ft.(2) 0 ft.(2) Height Per Base Zone 65 ft. 65 ft.(5) Per Base Zone(6) unless otherwise identified on the map Building Separation 10 ft. Floor Area Ratio (FAR) No restrictioO) Common Open Space(') Minimum 75 square feet/dwelling unit. (The minimum dimension [length and widthl shall be 15 feet.) Private Open Space 5% of the gross floor area for each unit. (The minimum dimension [length and widthl shall be 6 feet. Fencing See Section 21.30.040 (Fences, Hedges, Walls, and Retaining Walls . Landscaping See Section 21.30.075 (Landscaping) and 21.30,085(Water Efficient Landscaping), Lighting See Section 21.30.070 Outdoor Li htin Parking See Subsection D 2 below and Chapter 21.40 Off -Street Parkin . Signs See Chapter 21.30.065 Sign Standards). (1) Minimum/maximum allowable density range may be based on. a. n_average density of the entire protect site, ee cludina. density bonus units. (2) Ary portion of the buildinq that is over 20 feet in height shall be setback a minimum 20 feet from the street right -of Way (3) Except in the Mixed -Use Mariners Mile (MU-MM) Zoning District wherein residential uses are only allowed beginning 100 feet north of Coast Highway. (4) The combined total from both sides shall be 15 feet. (5) The height shall be limited to 35 feet in the Shoreline Height Limit Area, as identified in Map H-1. (6) The FAR in this table only applies to residential floor areat inoiudjnq any supporting facitities. In mixed -use developments, the FAR for nonresidential is still applicable. (7) For purposes of this section, common and private open space in HQ-1 may include enclosed shared amenities such as a clubhouse swimminq pool. tennis court, basketball court racquetball courtweightlifting facili children's playground equipment, sauna, iacuzzi, day care facility. or anv other recreational amen itiesffacllities as deemed approprIate by the Community Development Director 01-17-23 5.16.24 ALUC Item #3 Page 28 23-370 DocuSign Envelope ID: 624586F6-4D69-4101-9D3A-300ECCE30F20 Planning Commission Resolution No. PC2024-006 Paqe 61 of 62 2. Airport Area Environs Area HO-1 , The following development standards shall only appiv to projects with the Airport Area Environs Area: Sound Mitigation. The interior ambient noise level of all new residential dwellinq units shall meet applicable standards of the Section 10.26.030 Interior Noise Standards). An acoustical analysis report,_ Prepared „by an acoustical engineer, shall be submitted describing the acoustical design features of the structure that will satisfy the interior noise standard. The residential units shall be constructed, and noise attenuated in compliance with the report. b. Advanced Air Filtration. The design of all new residential and mixed -use residential developments shall include advanced air filtrations stems to promote cleaner air within living environments, Notification to Owners and Tenants. A written disclosure statement shall be prepared prior to sale, lease, or rental of a residential unit within the development. The disclosure statement shall indicate that the occupants will be living in an urban type of environment adlacent to an airport and that the noise, odor, and outdoor activity levels may be higher than a typal suburban residential area. The disclosure statement shall include a written description of the potential impacts to residents of both the existing environment (e.g., noise from planes, commercial activity on the site and vehicles streets) and potential nuisances based upon the allowed uses in the zoning district. Each and eye buyer, lessee or renter shall sign the statement acknowled in that they have received read and understand the disclosure statement. A covenant shall also be included within all deeds leases or contracts conveVinq any interest in a residential unit within the development that requires: (1) the disclosure and notification requirement staffed herein; 2 an acknowledgment by all grantees or lessees that the property is located within an urban type of environment and that the noise, odor, and outdoor activity levels may be higher than a typical suburban residential area; and (3) acknowledgment that the covenant is binding for the benefit and in favor of the City of Newport Beach. 3. West Newport Mesa Area HO-2 . The following development standards shall only apply to projects with the West Newport Mesa Area: a. West Newport Mesa Streetsca e Master Plan. Any residential or mixed -use residential development shall implement applicable components of the adopted West Newport Mesa Streetscape Master Plan. D. General Development Standards. The following development standards shall ar)piy to all promects within the Housing OpportunityOpportuOy zone regardless of subarea: 1. Landscaped Setbacks. ASI front and street side setbacks shall be landscaped, except for areas that provide vehicle and pedestrian access to the ri ht-of-wa . 2. Residential Off -Street Parkinq Requirements. Residential parking requirements for proKects within the Housing Opportunity Overlay Zones shall be provided in accordance with Table 21.28- 2 below. Parking for all other uses not included in this table shall be provided in accordance with Chapter 21.40 Off -Street Parking Requirements) of the NBMC. 01-17-23 5.16.24 ALUC Item #3 Page 29 23-371 ❑ocuSign Envelope ID; 624586F6-4D69-4101-9D3A-300FCCE30F20 Planning Commission Resolution No. PC2024-006 Page 62 of 62 TABLE 21.28-2 RESIDENTIAL OFF-STREET PARKING FOR HOUSING OPPORTUNITY OVERLAY ZONES Land Use allLtype Parking Re uirement Residential Rental Studio 1 Bedroom 1.1 spaces per dwelling unit 1.5 spaces per dwelling unit 2 Bedrooms 1.8 spaces per dwelling unit 3 Bedrooms 2.0 spaces per dwelling unit Visitor Parking 0.3 spaces per dwelling unit Residential (Ownership) Studio 1 Bedroom 1.4 spaces per dwelling unit 1.8 spaces per dwelling unit 1.8 spaces per dwelling unit 2 Bedrooms 3 Bedrooms 2.0 spaces per dwelling unit Visitor Parking 0.3 spaces per dwelling unit a1-17.23 5.16.24 ALUC Item #3 Page 30 23-372 P` s yr dp _ J # CN��° 65 dB,' f� • q CNiL60 dB � d • OAS �,'. - �' ,�' ,� ` 5 / • sr: / t. r �a 7 PLP r y4�55 oi''•v ��� - �� �L G� ♦ r �, { O ,Q 4 ° � Oe / N 9 Sl NOL v 7 � y Legend 3 ! ✓ rtS' 1�'+ 0 .'P ♦ City Boundary New Housing Sites !` 75 dB CNEL °. 70 dB CNEL PJ sr 65 dB CNEL a 7aU i,aao 60 dB CNEL Housing Sites Inventory (PA2017-141 } HH J VFWPPA� .- JWA CNEL Noise Contours O,°°f"Pw°°r'R`n,h I MME 323-373 F �bS \NE AVC i S� OR Ly S,T y�R 'Fs �a 50' APR.SURF - 2 00 ,a r i OF cy— Ile- 4>G ��� i okP" Ol BQ�S 5' rY 1 --cy- L Uj LU fn' S11�` DR Legend JWA Obstruct imaginary Surfac0000 e 4A 57' — '" City Boundary New Housing Sites Housing Sites Inventory (PA2017-141V. ) . ��t. JWA Obstruction Imaginary Surface ,:"„" "Af City of Newport Brach (Airport ALUtftbM''TPa4,3-374 2 ATTACHME City of Newport Beach Housing Element Implementation Program Amendments ALUC Submittal, April26, 2024 EXHIBIT Q-Obstruction Imaginary Surfaces 5.16.24 ALUC Item 43 Page 33 23-375 # ,�_,'. ! 'fit .� 1 ` • �� � ,� �,. 19 .,�_l R�W2R20'L 5 • � l'pry( �� °." l ,+ f � ,�, `'�� 1 1 `S• 21.0 D 1 j .5• 1 I.F ,1Jptowr! Park w �� `� +' F � ~" (;P �\!. � ,��� 4". 'P/sr SST• .. a ►, 1 � �- �ofN�� t� �y�" � CST. , � •':! •, � ��`',� L�, 4 Bbyvrew Park 4 Legend f — — City Boundary JWAAirport Safety Zones: RW2R20L ,.aoe �4A JWA Airport Safety Zones: RW2L20R Feel q = New Housing Sites Housing Sites Inventory (PA2017-141 )f '` NBGIS r: rvuer eeac. of Newport M.6 J WA Safety Zc � A Q pis a!v15mn IQ l ' f t �" �A�i elt'eA WT Page 4 PA2017-141 _sofe y_zo.-.—d —376 City of Newport Beach Housing Element Implementation Program Amendments ALUC Submittal, April 26, 2024 EXHIBIT C - Airport Safety Zones S.MiF, n. u i� rn N 4P n r C C� rD 3 xx W T7 ni M rD W UZ 6 2 S ro 0 S • r p7 A,M •� w spa / 70 ,■ /6a �� ` 14 $7 a /. 1' 41 oz rl u / Ir ss •e- 735 ! / M r• 1, ]lrl'4 IN' 'S / / 4 E 1 Short Genera:Aviation KtUnw�y Medium General Aviation Runway r City B0Undaay focus Area Airport Area Housing Sites 0 il_1 i}.2 f?.d hf.ife, 23-377 JOWN WAYNE AIRPORT ORANGE COUNTY ter; n uu^ John Wayne Airport Access & Noise Office , gar• .� a �dRlr ,* .p� r r ��.: �r 1` '' ,i �►.' s. !I�! �lt�,� .•r r —J4,.x • r j r : -� �'n� s J f (r�r..pj��� 'ir�f�ffy•�'/ •i .*')f"L""';ti - w y '®�► I ' y' `it%'; i • jf � ! �' ' r4 "i► . �i� , • ' � �rti1,rr �+� - '1SI - .k�71 :� + [+ ilk��7**��Llti�i ���v. 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Syr' ., _, ,�„ -s :� r� � ,, v � �•.�y:.., % � . ? �' "P,f�" / K+J ;4 'Syr •,� • 8il 4rj •M Ft 4 . r ��.Santa 71ti/�� *i yl' a ti* .f +F- !•fir i�' p44.. -r . �]Tli3-:/����.'F J.f'-` ��. ` tn4 .:. r ; +'A'• _S r �y� yy � l.iat<" - . N 1 �. .. •. i�iC ~iir� - y a`�•A r e JOHN WAYNE AIRPORTORANGE COUNTY John Wayne Airport Access & Noise Office 11 f w I -� 1. =J: i%`,�. l ♦ � AA atle .�+.s �_ �, � � f�! 'rjiQ•� _ '� i� � � war ii�+rf ` _ � . .-*G� 4r'�'" .s.�•' �4rp. jra i S; •..i+ :-w;.O r. 5t51,1'':r�5ruri';' I' f%•.,, f -' - - x.Jr. II ART lo h. .Ara 4ytn �[7i J T+., � �' r�s�� �r,'•� % � *! : J � n w L* " �'%• - v y- vrF,l R - �f yJ�f �! ,•�. ' -,� It/ _ ; 0• sa fn .► . � , f •,t +s �' �fi ti. � � --':cry _ `yc � ll _ ,ter. �f' 3.���'�i F�• � _ .�~ :` ." � � � .,...3 - - T� .�' �, .Gi `! o.-'.�- f 1 <;4: ,i•�� 1. �i�i .r r _ n 1� [� '7T�j�"4�"' 5 t \k�� H.7. " �� • r,, r 7f YID \ �� El St [t.l 41 -:�' ; r ` i ��• /f • ` ', •t �,y .,y,�1'y , .is l4, ORS IY J:s• f.`r. r 1 - ���� Ivv � j In .. �.r �i� '[,�.• Prle. nP r. ,.��-r� �� ,� y, a � ,,.. OH F>ih- w � � �''� � '� • ter_ '� �'' '•'i ��� ,� - - ` �, �• 10 ,-P-"W � `l , �,�4 � � �. ni, � , 101 .` �rr--J\ 1 ! �' � r i ' - f. r� � �i • i '-1• -- y, `.�I T � ` � - y �- S' -•. So urce� John �•r'�+ r / I � �'�� - r �., . � Jn r p,SY (1- -. ttr• t7�i~ �•`' i . 1 1• i 111 4A f � it - !. .1,Wayne Airport, Orange li �'. i' :.. � ! - �: .aa - .,�. �'` ..-',�1•'S"-,f ;J.ki+t�;?k�"3»m7� 6Pfil:- .AEI n'ic 'iilEfie/t�Rl. aL+.+iM+e� 'll April 26, 2024 Julie Fitch, Interim Executive Officer Airport Land Use Commission for Orange County 3160 Airway Avenue Costa Mesa, CA 92626 CITY OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 949 644-3200 n Lwportbeachca.gov/corn m u o ityd evel o pm ant F* IRECE1VED APR 2 6 ?_024- AAIRPOR-r LANT) USE t:Drozfvsl5slCr, RE: City of Newport Beach Housing Element Implementation Program Amendments 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 Airport Land Use Commission (ALUC) review the City's proposed amendments to the General Plan Land Use Element, Title 20 (Planning and Zoning) of the Newport Beach Municipal Code (NBMC), and Local Coastal Program for consistency with the Airport Environs Land Use Plan (AELUP) at its meeting on May 16, 2024, As you are aware, the State of California (State) is presently in and has been experiencing a housing crisis that is continuously evidenced through State mandates, like the Regional Housing Needs Assessment (RHNA), and legislative updates. Over the past four years, City staff has worked alongside the City's Housing Element Update Advisory Committee (HEUAC), the consultant team, the community, Planning Commission, and City Council, as well as ALUC, to prepare the 61 Cycle General Plan Housing Element update (Housing Element). In September 2022, the City Council adopted the Housing Element and in October 2022, the State Department of Housing and Community Development (HCD) certified the Housing Element and statutorily compliant. It is notable that the City's 61h Cycle RHNA allocation of 4,845 new units represented a nearly 1,000-fold increase of its 511 Cycle RHNA allocation and further represented about a 10-percent increase of the City's current housing stock. Given this unprecedently high allocation and the City's numerous constraints identified in Housing Element Section 3 (Housing Constraints and Resources), the sites identified within Appendix B of the Housing Element were identified after a citywide search, with approximately 25 percent of all identified sites being within the Airport Area. Please note, the amendments proposed with this submittal are simply carrying forward the implementing actions identified within Section 4 (Housing Plan) of the Housing Element, which was previously reviewed by ALUC on September 16, 2021. Under State law, the City must implement the Housing Element through rezoning no later than February 2025. I believe the enclosed materials adequately address all the required information your office needs to evaluate and bring our application to hearing on May 16, 2024. Should this not be the case, please know ATTACHMENT 10 5.16.24 ALUC Item 4 the City is committed to providing any additional information necessary to constitute a complete application and stands ready to provide such information at a moment's notice. can be reached at 949-644-3253 or via email at bzdeba new ortbeachca. ov. You may also reach out to Acting Deputy Community Development Director Jaime Murillo at 949-644-3209 or via email at 0murillo(a newportbeachca.aov. Thank you for your time and consideration of our application. The City looks forward to collaborating with ALUC and ALUC staff on this matter. Sincerely, Ojai d a, AICP, Principal Planner Attachments. 1 a. General Plan Amendment Submittal Form and Checklist 1 b. Zoning Code Amendment Submittal Form and Checklist 1c. Local Coastal Program Amendment Submittal Form and Checklist 2. Planning Commission Resolution No. PC2024-006 3. April 18, 2024, Planning Commission Staff Report with Attachments 4. Strikethrough-Underline Versions or Matrices of All Revisions 5. AELUP and City Noise, Height, and Safety Consistency Analysis Exhibits: A. Notification Area/Planning Area B1, 2008 AELUP Noise Contours B2, City Noise Element Noise Contours C. Airport Safety Zones D. Obstruction imaginary Surfaces 5.16.24 ALUC Item #3 Page 40 23-382 f gRAIaK,FId CpYJNr AIRPORT LAND USE COMMISSION �1-u7c FOR ORANGE COUNTY SUBMITTAL FORM GENERAL PLAN • sPECIFfC Pf=AN • zCENING CEDE 1. Name of City or County: Newport Beach 2. Contact Information - Name/Title Benjamin M. Zdeba, AICP, Principal Planner Agency: City of Newport Beach Address: 100 Civic Center Drive, Bay B, Newport Beach, CA 92660 Phone/email : 949-644-3253/bzdeba@newportbeachca.gov 3. Airport Planning Area(s): 0 John Wayne Airport ❑ Fullerton Municipal Airport ❑ 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: Housing Klement Implementation Program Amendments 5. Scheduled date of Planning Commission Public Hearing:4/18/2024 6. Tentative date of City Council/Board of Supervisors Public Hearing: 7123/2024 7. Requested date of ALUC Review: May 18 (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*? ❑ No (skip items # 9-12). ® Yes (continue below). 9. Does the item propose a change of land use within the E60 CNEL or ©65 CNEL noise contours of the airports)*? 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? ❑ No 0 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*? ❑ No ® 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*? ❑ No ® Yes 13. Please indicate current N/A and proposed N/A maximum heights allowed. 5.16.24 ALUC Item #3 Page 41 Continued on next page. 23-383 Page 2 SUBMITTAL CHECKLIST: General Plan • Specific Plan • Zoning Code 0 Cover letter on City/County letterhead. EXI Completed Submittal Form. © Link to existing Land Use Element - littps://www.newportbeachca.gov/PLN/General Plan a4 Ch3 LandUse web. df and proposed (Attachment 2) General Plan Element, Specific Plan or Zoning Code for this submittal. [X71 Attachment showing proposed changes to General Plan Element, Specific Plan or Zoning Code Section(s) with strikethrough/underline. U Exhibit showing location(s) of proposed new uses within the Notification Area/Planning Area for airport(s). C 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. U Exhibit showing location(s) of proposed new uses in relation to the Obstruction Imaginary Surfaces, FX1 Attachment showing current and proposed noise policies/mitigation measures. LX Explanation of how the General Plan, Specific Plan, or Zoning Code address the AELUP standards for noise impact, safety compatibility, and height restriction zones. See Attachment 3. Fx 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://www.ocair.cotTi/abouladministration/airport-governance/commissions/airport-land-use- commission/ Noise sensitive uses include but are not limited to community facilities such as: churches, libraries, schools, preschools, day-care centers, hospitals, and nursing/convalescent homes. Mail or Email Submittal Form, Checklist and attachments to; Airport Land Use Commission for Orange County, Attn: Executive Officer, 3160 Airway Avenue, Costa Mesa, CA 92526 / Phone: (949) 252-5170 ALUCinfo@ocoir.com 5.16.24 ALUC Item #3 Page 42 03.23 23-384 ORANOW COUNT` AIRPORT LAND USE COMMISSION Luc FOR ORANGE COUNTY SUB_NIITTAL FO..RM: GENER. AL PLAN •SPECIFIC PLgN •ZONING 66E' 1. Name of City or County: Newport Beach 2. Contact Information - Name/Title Benjamin M. Zdeba, AICP, Principal Planner Agency: City of Newport Beach Address: 100 Civic Center Drive, Bay B, Newport Beach, CA 92660 Phone/email: 949-644-3253/bzdeba@newportbeachca.gov 3. Airport Planning Area(s): ® John Wayne Airport ❑ Fullerton Municipal Airport ❑ JFTB - Los Alamitos 4. Item being submitted for review (submit each item separately): Zoning Code Amendment Name of General Plan Element, Specific Plan or Planned Community. Housing Element Implementation Program Amendments 5. Scheduled date of Planning Commission Public Hearing: 4/18/2024 6. Tentative date of City Council/Board of Supervisors Public Hearing: 7/2312024 7. Requested date of ALUC Review: May 18 (Complete submittals must be received by the first 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*? ❑ No (skip items # 9-12). ® Yes (continue below). 9. Does the item propose a change of land use within the M60 CNEL or 065 CNEL noise contours of the airports)*? 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? ❑ No N 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*? ® No ® 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*? ® No ® Yes 13. Please indicate current N/A and proposed N/A maximum heights allowed. 5.1.6.24 ALUC Item #3 Page 43 Continued on next page. 23-385 Page 2 SUBMITTAL CHECKLIST: General Plan • Specific Plan • Zoning Code N Cover letter on City/County letterhead. N Completed Submittal Form. ® Link to existing Zoning Code - https://www.codepublishing.com/CA/NewportBeach/#!ZNewportBeach20/NewportBeach20.ht ml and proposed Attachment 2 General Plan Element, Specific Plan or Zoning Code for this submittal. N Attachment showing proposed changes to General Plan Element, Specific Plan or Zoning Code Section(s) with strikethrough/underline, N Exhibit showing location(s) of proposed new uses within the Notification Area/Planning Area for a irport(s). N Exhibit showing location(s) of proposed new uses in relation to noise contours for airport(s). N Exhibit showing location(s) of proposed new uses in relation to Airport Safety Zones. x❑ Exhibit showing locations) of proposed new uses in relation to the Obstruction Imaginary Surfaces. N Attachment showing current and proposed noise policies/mitigation measures. N 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 3 N 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://www.ocair.com/about/administration/airport-governance/commissions/airport-land-use- commission/ Noise sensitive uses include but are not limited to community facilities such as: churches, libraries, schools, preschools, day-care centers, hospitals, and nursing/convalescent homes. Mail or Email Submittal Form, Checklist and attachments to: Airport Land Use Commission for Orange County, Attn: Executive Officer, 3160 Airway Avenue, Costa Mesa, CA 92626 / Phone: (949) 252-5170 ALUCin o ocaincom 5.16.24 ALUC Item #3 Page 44 01.3 23-386 giLhYis?E C4YJN'x' AIRPORT LAND USE COMMISSION FOR ORANGE COUNTY SUBMITTAI. FORM GENERAL PLAN • SPECIPIC PIAN ZONING CODE I. Name of City or County: Newport Beach 2. Contact Information - Name/Title Benjamin M. Zdeba, AICP, Principal Planner Agency: City of Newport Beach Address: 100 Civic Center Drive, Bay B, Newport Beach, CA 92660 Phone/email: 949-644-3253/bzdeba@newportbeachca.gov 3. Airport Planning Area(s): ® John Wayne Airport ❑ Fullerton Municipal Airport ❑ JFTB - Los Alamitos 4. Item being submitted for review (submit each item separately): Glick hereto choose, Name of General Plan Element, Specific Plan or Planned Community: (Local coastal Program Amendment) Housing Element Implementation Program Amendments 5. Scheduled date of Planning Commission Public Hearing: 4/1812024 6. Tentative date of City Council/Board of Supervisors Public Hearing: 7/23/2024 7. Requested date of ALUC Review: May 18 (Complete submittals must be received by the first day of the month for the next meeting). S. Does the item submitted propose a change of land use or heights within the airport Notification/Planning Area*? ❑ No (skip items # 9-12). ® Yes (continue below). 9. Doesthe item propose a change of land use within the M60 CNEL or 965 CNEL noise contours of the airports)*? 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? ❑ No ® 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*? ❑ No © 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*? ❑ No 0 Yes 13. Please indicate current N/A and proposed N/A maximum heights allowed. Continued on next page. 5.16.24 ALUC Item #3 Page 45 23-387 Page 2 SUBMITTAL CHECKLIST: General Plan • Specific Plan • Zoning Code ® Cover letter on City/County letterhead. © Completed Submittal Form. © Link to existing CLUP - https://www.newportbeachca.gov/PLN/LCP/Internet%20PDFs/CLUP Part%202 Land%200se%2 0and%20Development.pdf and IP - https://www.codef2Liblishi n.com CA New ortBeach #I New ortBeach2l New ortBeach21.lit mI and proposed Attachment 2 General Plan Element, Specific Plan or Zoning Code for this submittal. L7 Attachment showing proposed changes to General Plan Element, Specific Plan or Zoning Code Section(s) with strikethrough/underline. n Exhibit showing location(s) of proposed new uses within the Notification Area/Planning Area for airport(s). ❑x Exhibit showing location(s) of proposed new uses in relation to noise contours for airport(s). ® Exhibit showing location(s) of proposed new uses in relation to Airport Safety Zones. ® Exhibit showing location(s) of proposed new uses in relation to the Obstruction Imaginary Surfaces. ® Attachment showing current and proposed noise policies/mitigation 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 3 Cl 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://www. oca i r. com about administration air ort overnance commissions air ort-land-use- commission/ Noise sensitive uses include but are not limited to community facilities such as: churches, libraries, schools, preschools, day-care centers, hospitals, and nursing/convalescent homes. Mail or Email Submittal Form, Checklist and attachments to: Airport Land Use Commission for Orange County, Attn: Executive Officer, 3160 Airway Avenue, Costa Mesa, CA 92626 / Phone: f 949j 252-5170 ALUCinfo@ocoir.com 5.16.24 ALUC Item #3 Page 46 0323 23-388 DocuSign Envelope ID: 624586F6-4D69-4101-9D3A-300ECCE3OF20 RESOLUTION NO. PC2024.006 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH, CALIFORNIA, RECOMMENDING THE CITY COUNCIL CERTIFY AN ENVIRONMENTAL IMPACT REPORT, INCLUDING A MITIGATION MONITORING AND REPORTING PROGRAM AND A STATEMENT OF OVERRIDING CONSIDERATIONS WITH CEQA FINDINGS, AND AMENDMENT TO THE GENERAL PLAN, COASTAL LAND USE PLAN, AND TITLE 20 (PLANNING AND ZONING) AND TITLE 21 (LOCAL COASTAL PROGRAM IMPLEMENTATION PLAN) OF THE NEWPORT BEACH MUNICIPAL CODE TO IMPLEMENT THE GENERAL PLAN 6TH CYCLE HOUSING ELEMENT IN COMPLIANCE WITH STATE LAW (PA2022-0245) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1, STATEMENT OF FACTS. Every eight years, state law requires the City of Newport Beach ("City") to update its Housing Element, one of the seven mandatory elements of the Newport Beach General Plan, which identifies and analyzes existing and projected housing needs within their jurisdiction. 2. Newport Beach was assigned a Regional Housing Needs Allocation ("RHNA") allocation of 4,845 homes as its projected housing needs for the planning period covering 2021- 2029. 3. As a result, the City prepared the 6th Cycle Housing Element, which covers the planning period from 2021-2029 ("6th Cycle Housing Element") to plan for the 4,845 new housing units. 4. Preparation of the 6th Cycle Housing Element involved extensive public participation with community groups at numerous workshops, as well as meetings with the Planning Commission and City Council, and was assisted the Housing Element Update Advisory Committee (HEAUC), which was an ad-hOC committee formed and appointed by the City Council. 5. In accordance with state law, the 6th Cycle Housing Element for the 2021-2029 planning period was adopted by the City Council on September 13, 2022, and certified as statutorily com pliant with state law by the State Departmentof Housing and Community Development ("HCD") on October 5, 2022. 6. Section 4 (Housing Plan) of the 6th Cycle Housing Element presents a framework and strategy for meeting the needs of existing and future resident populations based on the RHNA allocation of 4,845 new housing units, the "fair share" of regional housing need and demand. 5,16.24 ALUC Item #3 Page 47 23-389 DocuSign Envelope ID: 624686F6-4D69-4101-9D3A-300ECCE30F20 Planning Commission Resolution No. PC2024-006 Pa e 2 of 62 7. The 61" Cycle Housing Element identifies the following site groupings or "focus areas" that are best suited to accommodate the City's RHNA planning obligation: • Airport Area Environs West Newport Mesa Newport Center • Dover/Westcliff • Coyote Canyon 8. The 61" Cycle Housing Element opportunity sites are to be rezoned per Housing Element Policy Actions 1A through 1 F to accommodate the City's RHNA obligation, including a buffer necessary to address future "no net loss" of available sites and to preclude the need to identify replacement sites during the 6t" Cycle implementation. Rezoning includes the establishment of overlay zoning districts and accompanying development standards, as well as corresponding amendments to the Land Use Element of the General Plan and the Local Coastal Program. 9. To comply with state law, the City has been working diligently to implement the planning strategy outlined in Section 4 (Housing Plan) of the 6t" Cycle Housing Element no later than February 2025. The implementing programs and strategies ("6t" Cycle Housing Element Implementation") include the following amendments and actions: • General Plan Amendment ("GPA"). To revise the necessary goals and/or policies within the City's Land Use Element to support housing production in the focus areas identified by the Housing Element; • Amendment to Title 20 (Planning and Zoning) of the NBMC ("ZCA"). To implement the Land Use Element's policy changes by allowing housing development as an opportunity and establishing appropriate development standards create objective design and development standards for muiti-unit residential and mixed use development projects; Local Coastal Program Amendment ("LCPA"). To revise and create new policies within the City's Coastal Land Use Plan and to update Title 21 (Local Coastal Program Implementation Plan) of the Newport Beach Municipal Code ("NBMC") to support housing production in the focus areas identified by the 61" Cycle Housing Element and within the Coastal Zone; and • Program Environmental Impact Report (SCH No. 202306.0699). To analyze potential environmental impacts under the California Environmental Quality Act ("CEQA") related to the implementation of the 6th Cycle Housing Element through providing additional housing development capacity. 10. Certain components of the 6t" Cycle Housing Element Implementation constitute a "Major Amendment" as defined in Section 423 (Protection from Traffic and Density) of Article IV 09-17-23 5.16.24 ALUC Item #3 Page 48 23-390 DocuSign Envelope ID: 624586F6-4D69-4101-9D3A-300ECCE3OF20 Planning Commission Resolution No. PC2024-006 Page 3 of 62 of the City's Charter; therefore, they individually and/or collectively require a majority vote of the electorate. 11. The 6fh Cycle Housing Element Implementation must take effect by February of 2025 to avoid significant penalties authorized under by state law, including but not limited to: • Increased exposure to public and private litigation; • Loss of permitting authority; • Financial penalties, including monthly fines from $10,000 to $100,000; • Loss of eligibility for state and regional funding sources; • Court receivership; • Senate Bill 35 ("SIB 35") streamlined ministerial approval process; and • Increased exposure to monitoring by the newly formed Housing Accountability Unit of HCD. 12. SB 35 provides for a "builder's remedy" that allows developers of affordable housing projects to bypass the zoning code and general plan of cities that are deemed non- compliant with state law by effectively ignoring height limits, density limits, and other regulations that make for thoughtfully planned development. Cities are effectively prohibited from denying a "builder's remedy" project except in unique circumstances, resulting in a loss of local control. 13. A public hearing was held on April 18, 2024, in the Council Chambers at 100 Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of the public hearing was given in accordance with California Government Code Section 54950 et seq. ("Ralph M. Brown Act") and Chapters 20.62 (Public Hearings) and 21.62 (Public Hearing) of the NBMC. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this public hearing. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. A draft program Environmental Impact Report (State Clearinghouse Number 2023060699) ("DEIR") has been prepared in compliance with the CEQA set forth in Public Resources Code Section 21000 et seq., the State CEQA Guidelines set forth in 14 California Code of Regulations Section 15000 et seq., and City Council Policy K-3. 2. The DEIR was circulated for a 46-day comment period beginning on February 12, 2024, and ending on March 28, 2024. The Environmental Impact Report ("EIR"), which includes the DEIR, comments, and responses to the comments as of the public hearing date, is being considered by the Planning Commission in its review of the Wh Cycle Housing Element Implementation. 3. The Planning Commission finds that the EIR has been prepared and completed in compliance with CEQA and City Council Policy K-3. 4. The Planning Commission finds that the EIR reflects the independent judgment and analysis of the City. 01.17-23 5.16.24 ALUC Item #3 Page 49 23-391 DocuSign Envelope ID; 624586F6-4D69-4101-9D3A-300ECCE30F20 Planning Commission Resolution No. PC2024-006 Page 4 of 62 5. The Planning Commission reviewed and considered the information contained in the EIR prior to forwarding its recommendation on the amendments to the General Plan, NBMC, and Local Coastal Program. B. Given the programmatic nature of the EIR, any one site within a focus area that exceeds a threshold of significance causes the need to explore mitigation for the corresponding topic area. Accordingly, the EIR discloses significant and unavoidable impacts relating to aesthetics, air quality, cultural resources, greenhouse gas ("GHG") emissions, noise and utilities and service systems and potentially significant environmental impacts related to geology and soils, tribal cultural resources and wildfire that may directly or indirectly result from the project but would be reduced to a less than significant level of impact by the mitigation measures specified in the EIR. SECTION 3. FINDINGS. General Plan Amendment An amendment to the City's General Plan Land Use Element is a legislative act. Neither Title 20 (Planning and Zoning) of the NBMC nor California Government Code Section 65000 et seq., set forth any required findings for either approval of such amendments. Notwithstanding the foregoing, the following amendments to the General Plan Land Use Element will create internal consistency with the certified 60 Cycle Housing Element: Findings and Facts in ,Support of Finding: According to General Plan Implementation Program 1.2, revisions and updates of the General Plan must be made in accordance with the Vision Statement. While it is being reviewed as part of the comprehensive General Plan update, as presently written, it is the City's intention to be a residential community, balanced with supporting nonresidential uses, job opportunities, and visitor and recreational services and amenities. Furthermore, the Vision Statement calls for "a range of housing opportunities that allows people to live and work in the City." 2. Implementation Program 1.2 further states that amendments to accommodate the City's "fair share" of regional housing demand will be considered in context of these visions and the goals stipulated by the General Plan. Adoption of the proposed Amendment will support the 6th Cycle Housing Element adopted in the context of the visions and goals stipulated by the General Plan. 3. The proposed Amendment, attached to this resolution and incorporated herein, is in full compliance with the Section 4 of the 6tn Cycle Housing Element as presented below: 01-17-23 5.16.24 ALUC Item #3 Page 50 23-392 DocuSign Envelope ID: 624586F6-4D69-4101-9D3A-300ECCE30F20 Planning Commission Resolution No. PC2024-006 Page 5 of 62 61h Cycle Housing Element Implementation Measures Housing Goal #1. Provision of adequate sites to accommodate projected housing unit growth needs within the following identified housing opportunity sites: • Airport Area Environs • West Newport Mesa • Newport Center • Dover/WestclifF • Banning Ranch • Coyote Canyon Housing Goal #2. Quality residential development and preservation, conservation, and appropriate redevelopment of housing stock. Housing Goal #3. A variety of housing types, designs, and opportunities for all social and economic segments. Housing Goal #4. Housing opportunities for as many renter- and owner -occupied households as possible in response to the market demand and RHNA obligations for housing in the City. Amendments in Support of Housing Element's Implementation Measures Revised Policies LU 1.1 through LU 1.5 emphasize the goal of balancing the needs of residents, businesses, and visitors through the recognition that Newport Beach is primarily a residential community. The polices underscore the need to preserve and enhance residential neighborhoods. The identified sites direct new housing opportunities outside of established residential neighborhoods. The amended Policies ensure the continued recognition that Newport Beach is primarily a residential community. Revised Policies LU 2.2 and LU 2.5 call for supporting the development of uses that allow the City to be a complete community and indicate that harbor and waterfront uses contribute to the charm and character of the City and provide needed support for residents. Revised Policy 3.3 (Transition of Land Uses) calls for supporting residential opportunities in West Newport Mesa; residential infill development along Balboa Boulevard corridor and facilitating workforce housing in proximity to jobs, transportation and services in West Newport Mesa and the Airport Area; and providing for housing opportunities that complement nonresidential uses in the Coyote Canyon Landfill site. Revised Goal LU 4 Manage growth and change to: • Support the livability of existing neighborhoods. • Support residential opportunities that accommodate the City's share of the Regional Housing Needs Assessment. • Promote new uses that are complimentary to already existing neighborhoods and uses. • Achieve distinct and economically vital business and employment districts. • Correlate with supporting infrastructure and public services. • Sustain Newport Beach's natural setting. The above amendment supports Housing Goal #1 as it accommodates Citv's share of RHNA. 01-17-23 5.16.24 ALUC Item #3 Page 51 23-393 DocuSign Envelope ID: 624586F6-4D69-41 01 -9D3A-300ECCE30 F20 Planning Commission Resolution No. PC2024-006 Page 6 of 62 6t" Cycle Housing Element Amendments in Support of Housing Element's Implementation Measures Implementation Measures Revised Policy LU4.1 (Land Use Diagram) clarifies that density limits exclude increases allowed through the application of density bonus laws as stipulated also by state law. New Policies 4.4 (Rezoning to Accommodate Housing Opportunities); 4.5 (Residential Uses and Residential Densities); 4.6 (Continuation of Existing Development); and 4.7 (Redevelopment and Transfer of Development Rights) all support Ern Cycle Housing Element Implementation Measures. These policies stipulate that residential opportunities are to be established as overlay zones which allow for existing uses to continue. Opportunities for by - right development, when at least 20% or more units are affordable to lower -income households, ensures housing opportunities for all social and economic segments and ensures streamlined project review. Revised Policy LU 5.1.3 (Neighborhood Identification) calls for the establishment of objective design and development standards which ensures Implementation Goals 1 and 2 which stipulate quality design and variety of housing designs. Revised Policy LU 6.2.4 (Accessory Dwelling Units (ADUs)) supports and promotes the development of accessory dwelling units and junior accessory dwellings. This policy fulfills Implementation Goal #1 that calls for the City to aggressively support and accommodate the construction of at least 240 ADUs. Revised Policies LU 6.4.2 (Residential); LU 6.6.2 (Residential Types (West Newport Mesa)); LU 6.15.4 (Priority Uses (Airport Area — Mixed -Use Districts [Subarea C, "MU-1-12" designation])); LU 6.15.28 (Priority Uses (Airport Area — Commercial Nodes ]"CG" designation Sub -Area C-part]) and LU 6.15.29 (Priority Uses (Airport Area — Commercial Office District ["CO-G" designation Sub -Area C— part]) support housing development or redevelopment within the opportunity sites identified in the Housing Element. Charter Section 423 Analysis 01-17-23 5.16.24 ALUC Item #3 Page 52 23-394 DocuSign Envelope ID: 624586F6-4D69-4101-9D3A-300ECCE30F20 Planning Commission Resolution No. PC2024-006 Page 7 of 62 1. Voter approval is required for any major amendment to the Newport Beach General Plan. A "major amendment" is one that significantly increases the maximum amount of traffic that allowed uses could generate, or significantly increases allowed density or intensity. "Significantly increases" means over 100 peak hour trips (traffic), or over 100 dwelling units (density), or over 40,000 square feet of floor area (intensity). 2. The thresholds apply to the total of: 1) Increases resulting from the amendment itself, plus 2) 80% of the increases resulting from other amendments affecting the same neighborhood and adopted within the preceding 10 years. As the proposed amendment is considered a major amendment, it will not take effect if City Council decides to approve it, unless it has been accessed to registered voters and has been approved by a majority of those voting on it. 3. Should the City not implement the 6th Cycle Housing Element by February 2025, the City may be considered non -compliant with State Housing Laws and developers of affordable housing projects will be entitled to have their residential projects approved as a "builder's remedy" in accordance with Senate Bill 35, effectively ignoring height limits, density limits and other regulations designed to ensure development is consistent with the City's Vision Statement of the General Plan. Tribal Consultation Pursuant to Senate Bill 18, the City requested a Sacred Lands File (SLF) search on the project location from the Native American Heritage Commission (NAHC) on March 5, 2023. On March 22, 2023, the NAHC responded that the findings of the search were positive and identified 19 Native American tribal representatives to contact for further information on potential tribal resources. To comply with both the requirements of SB 18 and Assembly Hill 52, the City mailed and emailed notices regarding the proposed project to all of the listed tribes. The City received a response from only one representative of the Gabrieleno Band of Mission Indians — Kizh Nation expressing no concerns on the project given its programmatic nature, but also expressing a desire to be consulted on future individual projects. Zoninq Code Amendment An amendment to Title 20 (Planning and Zoning) of the NBMC is a legislative act. Neither Title 20 itself nor California Government Code Section 65000 et seq., set forth any required findings for either approval of such amendments. However, Section 20.66.040 of the NBMC requires the Planning Commission to make and file a report of its findings and recommendations with the Council. Findings and Facts in Support of Finding: The Zoning Code is a tool designed to implement the General Plan. Since the 611 Cycle Housing Element Implementation involves an amendment to the General Plan, it is necessary to also amend Title 20 (Planning and Zoning) to achieve its goals and policies. 01-17-23 5.16.24 ALUC Item ##3 Page 53 23-395 DocuSign Envelope ID: 624586F6-4D69-4101-9D3A-300ECCE30F20 Planning Commission Resolution No. PC2024-006 Page S of 62 2. The ZCA, attached to this resolution as Exhibits "B" and "C," and incorporated herein, including the Housing Opportunity (HO) Overlay Zoning Districts with associated development standards, and the Multi -Unit Objective Design Standards, are consistent with the implementation program in the Housing Plan of the Housing Element, as discussed above under the Findings for the General Plan Amendment. The ZCA will enable the implementation of the Housing Element's key objective, which is to accommodate the development of housing projects to fulfill City's "fair share" of regional housing need and demand. Local Coastal Program Amendment An amendment to Title 21 (Local Coastal Program Implementation Plan) of the NBMC is a legislative act. Neither Title 21 of the NBMC itself nor California Government Code Section 65000 et seq., set forth any required findings for either approval of such amendments. Findings and Facts in Support of Finding: 1. The 6th Cycle Housing Element includes the Housing Plan, which sets forth programs and strategies to facilitate and encourage the development of the City's "fair share" of regional housing demand. Appendix B of the 6th Cycle Housing Element has identified several sites to be rezoned with the Housing Overlay (HO) Zoning District. A number of these sites are within the Coastal Zone. As the Zoning Code needs to be amended to add the new HO Overlay Zones, and the associated development standards, similarly, the Local Coastal Program needs to be amended to add the new Overlay Zones along with the development standards, for properties that are within the Coastal Zone. 2. The proposed amendments, attached to this resolution as Exhibit "D," and incorporated herein, fulfill the Housing Plan, as the amendments will facilitate the development of housing consistent with the 6th Cycle Housing Element as shown below: 6th Cycle Housing Element Implementation Measures Amendments to the Local Coastal Policy in Support of Housing Element's Implementation Measures Housing Goal #1. Provision of adequate sites to New Policy LU 2.1.11-1 calls for accommodating accommodate projected housing unit growth housing opportunities through the adoption of needs within the following identified housing housing opportunity overlay zoning districts for opportunity sites: the following opportunity sites: • Airport Area Environs • Airport Environs • West Newport Mesa • West Newport Mesa • Dover/Westcliff • Newport Center • Newport Center • Dover/Westcliff • Banning Ranch • Coyote Canyon This new policy is consistent with Housing Goal Housing Goal #2. Quality residential #1. development and preservation, conservation and New Policies LU 2.1.11-2, LU 2.1.11-3 and LU appropriate redevelopment of housing stock. 2.1.11-4 establish procedures regarding density 01-17.23 5.16.24 ALUC Item #3 Page 54 23-396 Docusign Envelope ID: 624686F6-4D69-4101-9D3A-300ECCE30F20 Planning Commission Resolution No. PC2024-006 Page 9 of 62 6th Cycle Housing Element implementation Measures Amendments to the Local Coastal Policy in Support of Housing Element's Implementation Measures limits and clarify that residential opportunities Housing Goal #3. A variety of housing types, are in addition to existing uses allowed by the designs, and opportunities for all social and Coastal Land Use Plan and must be consistent economic segments, with applicable overlay or implementation plan requirements unless modified consistent with Housing Goal #4. Housing opportunities for as established procedures to grant relief from many renter- and owner -occupied households as standards (e.g. Coastal Modification or Variance possible in response to the market demand and or the application of Density Bonus regulations). RHNA obligations for housing in the City. These policies fulfill Housing Goals #1 and #2, as they set parameters for the overlay zones and allow for uses permitted by underlying zones. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: The above recitals are true and correct and incorporate herein. 2. The Planning Commission declares that despite the potential for significant environmental effects that cannot be substantially lessened or avoided through the adoption of feasible mitigation measures or feasible alternatives, there exist certain overriding economic, social and other considerations for approving the proposed Project. 3. The Planning Commission hereby recommends the City Council certify the Final EIR (SCH#2023060699) attached as Exhibit "A," including the forthcoming draft findings. 4. The Planning Commission has read and considered the amendments to the General Plan, amendments to the Zoning Code, and the Local Coastal Program, as contained in Exhibits "B" through "E," as part of the consideration of the adopted Oh Cycle Housing Element implementation programs and recommends adoption of the General Plan Amendment, Zoning Code Amendments, and Local Coastal Program Amendment under PA2022-0245. PASSED, APPROVED, AND ADOPTED THIS 18T" DAY OF APRIL, 2024. AYES: Barto, Ellmore, Harris, Lowrey, and Salene NOES: None RECUSED: Langford and Rosene ABSENT: None 01-17-23 5.16.24 ALUC Item #3 Page 55 23-397 DocuSign Envelope ID: 624586F6-4D69-4101-9D3A-300ECCE30F20 Curtis Ellmore, Chair BY: 6w i«'i'iS Tristan Harris, Secretary Planning Commission Resolution No. PC2024-006 Pa - 10 of 62 01-17-23 5.16.24 ALUC Item #3 Page 56 23-398 Explanation of Housing Element Implementation Program in Relation to AELUP As discussed in the cover letter to this submittal, the very high Regional Housing Needs Assessment (RHNA) allocation of 4,845 new units has required the City to look citywide for new housing opportunity sites. While several sites have been identified in the AirportArea and its proximity, there arefive otherfocus areas where most new housing opportunity sites are being listed: Banning Ranch, West Newport Mesa, Dove r-Westc liff/M ari ne r's Mile, Newport Center, and Coyote Canyon. The complete breakdown is viewable in Section 4 and Appendix B of the adopted and certified Housing Element. The City's Housing Element was reviewed by ALUC on September 16, 2021. The City Council adopted the Housing Element in February 2022; however, subsequent revisions were required based on feedback from HCD. After multiple iterations and responsive revisions, the City Council re -adopted a revised Housing Element on September 13, 2022. The adopted Housing Element was then certified as being statutorily compliant by HCD on October 5, 2022. Section 4 (Housing Plan) of the Housing Element is the City's strategy to meet the RHNA allocation and includes several policy actions for implementation. The proposed amendments serve to simply implement the City's adopted and certified Housing Element. The following sections further analyze the Housing Element Implementation Program Amendments' compatibility and consistency with the 2008 AELUP, as well as with the City's own adopted policies and ordinances. For ALUC's ease of review, the City is including a partial Housing opportunity Sites Inventory that inventories the various sites, their noise exposure, and their safety zones, as Appendix A to this narrative. Noise Policies and Mitigation There are no proposed policies or mitigation measures related to this proposal that are related to noise from John Wayne Airport. Instead, the City relies on its General Plan Land Use Element and Noise Element to provide pertinent goals and policies. The City also relies on its Title 20 (Planning and Zoning) of the Newport Beach Municipal Code (NBMC). In November 2023, the City amended the Land Use and Noise Elements, as well as Title 20 of the NBMC to accommodate housing units identified by the adopted and certified 6t' Cycle Housing Element, as follows: Adopted updated noise contours (shown in Noise Element Figures N4 and N5) to reflect the noise contours identified by the 2014 John Wayne Airport Settlement Agreement Amendment Environmental Impact Report No. 617 (EiR No. 617), Updated Land Use and Noise Element Policies, Land Use Element Figures LU11, LU22, and LU23, as well as Title 20 to modify and incorporate the updated noise contours identified by EIR No. 617 and to implement additional noise attenuation measures for future housing units proximate to John Wayne Airport; and Allowed residential units identified by the certified 61h Cycle Housing Element to be located within the 65 dBA CNEL noise contour area as identified in the updated noise contour maps identified by EIR No. 617. Parcels bisected by the updated 65 dBA CNEL noise contour could support future housing; whereas parcels located wholly within the updated 65 dBA CNEL noise contour could support housing, if deemed necessary to satisfy the Regional Housing Needs Assessment (RHNA) mandate. The City's cited General Plan Policies and Title 20 regulations will help to ensure that appropriate noise considerations are made and that mitigation is included in the design. All current policies and regulations are all listed within Table 1 and Table 2 below. Goal LU 6.15 A mixed -use community that provides jobs, residential, and supporting services in close proximity, with pedestrian - oriented amenities that facilitate walking and enhance livability. 5.16.24 ALUC Item #3 Page 57 23-399 Policy LU 6.15.3 (Current General Plan Page 3-101) —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. Goal N 1 (Current General Plan Page 12-25) — Noise Compatibility Minimized land use conflicts between various noise sources and other human activities. Policy N 1.1 (Current General Plan Page 12-26) — Noise Compatibility of New Development Require that all proposed projects are compatible with the noise environment through use of Table N2 and enforce the interior noise standards shown in Table N3. Policy N 1.2 (Current General Plan Page 12-26) — Noise Exposure Verification for New Development Applicants for proposed residential or mixed -use projects located in areas projected to be exposed to 65-70 dBA CNEL or greater, as shown on Figure N5 must conduct a noise study to provide evidence that the depicted noise contours do not adequately account for local noise exposure circumstances due to such factors as, topography, variation in traffic speeds, and other applicable conditions. These findings shall be used to determine the level of exterior or interior noise attenuation needed to attain an acceptable noise exposure level and feasibility of such mitigation when other ptanning considerations are taken into account, consistent with Title 21 of the California Code of Regulations. Policy N 1.3 (Current General Plan Page 12-26) — Remodeling and Additions of Structures Require that all remodeling and additions of structures comply with the noise standards shown in Table N3. Policy N 1.4 (Current General Plan Page 12-26) — New Development in Urban Areas Require that applicants of residential portions of mixed -use projects and high -density residential developments in urban areas (such as the Airport Area and Newport Center) demonstrate that the design of the structure will adequately isolate noise between adjacent uses and units (common floor/ceilings) in accordance with the California Building Code. Policy N 1.5 (Current General Plan Page 12-26) — Infill Projects Allow a higher (above 65 dBA CNEL) exterior noise level standard for infill projects in existing residential areas adjacent to major arterials if it can be shown that there are no feasible mechanisms to meet the exterior noise Levels. The interior standard of 45 dBA CNEL shall be enforced for any new residential project or mixed -use project containing a residential component, consistent with Title 21 of California Code of Regulations. Policy N 1.5A (Current General Plan Page 12-26) —Airport Area Infill Projects Allow Will. residential projects proximate to John Wayne Airport to have a higher exterior noise level standard (65- 70 dBA CNEL) if it can be shown that there are no practical mechanisms or designs to meet the exterior noise levels. The interior standard of 45 dBA CNEL shall be enforced for any residential component of projects. No residential units may be located on parcels wholly within the 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 such contour area are needed for the City to satisfy its Sixth Cycle RHNA mandate. Nonresidential uses are encouraged on parcels located wholly within the 65 dBA CNEL contour area, shown in Figure N5. Policy N 1.6 (Current General Plan Page 12-27) — Mixed -Use Development Encourage new mixed -use developments to site loading areas, parking lots, driveways, trash enclosures, mechanical equipment, and other noise sources away from the residential portion of the development. Goal N 3 (Current General Plan Page 12-29) Protection of Newport Beach residents from adverse noise impacts of commercial air carrier operations at John Wayne Airport as provide in the City CouncilAirport Policy. 5.16,24 ALUC Item 43 Page 58 23-400 Policy N 3.1 (Current General Plan Page 12-29) — New Development Ensure new development is compatible with the noise environment proximate to John Wayne Airport by not allowing residential units on parcels located wholly within the John Wayne Airport 65 dBA CNEL noise contour, as shown in Figure N5 of the Noise Element of the General flan, 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. Policy N 3.2 (Current General Plan Page 12-29) — Residential Development Require that residential development proximate to John Wayne Airport shall not be located on parcels wholly within the John Wayne Airport65 dBA CNEL noise contour shown in Figure N5 of the Noise Element ofthe 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 of residential or mixed -use land uses with a residential componentto notify prospective purchasers or tenants of aircraft noise. 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. Policy N 3.3 (Current General Plan Page 12-29) — Avigation Easement Consider requiring the dedication of avigation easements in favor of the County of Orange when noise sensitive uses are proposed in the JWA planning area, as established in the JWA Airport Environs Land Use Plan (AELUP). 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 building 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; 3. The design of the residential portions of mixed -use projects and residential developments shall have adequate noise attenuation between adjacent uses and units (common floor/cei(ings) 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 incorporated in the design of new residential to bring interior sound attenuation to 45 dBA CNEL or less; 6. Residential uses shall be indoor -oriented 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; 8- Advanced air filtration systems for buildings shall be considered to promote cleaner air; and 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 substantial 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 within the 65 dBA CNEL contour area. 5.16.24 ALUC Item #3 Page 59 23-401 Community Noise Equivalent Levels (CNEL) Compatibility The adopted Section 4 (Housing Plan) and the Draft Program Environmental Impact Report (DEIR) include a total of 75 new sites within the area of the Noise Impact Zones usingcontours identified in the 1986 JWA Master Plan. Of those sites, 27 are proposed within the 60-to-65 dBA CNEL contour and 11 are proposed outside of a noise impact zone in areas less than 60 dBA CNEL. The remaining 37 new sites fallwithin the 65-to-70 dBA CNEL contours As discussed in Subsection 3.2.3 (Noise Impact Zone "1" — High Noise Impact [65 dB CNEL and above]) and Subsection 3.2.4 (Noise Impact Zone "2" — Moderate Noise Impact [60 dB CNEL or greater, less than 65 dB CNEL]), residential units may be consistent with proper sound - attenuation and careful design considerations. For any residential sites and uses within Noise Impact Zone "l" or "2," the City will ensure future development is consistent with the AELUP considerations and Noise Element policies cited above to ensure compatibility. Table 1 (Airport Land Use Commission for Orange County Airport Environs Land Use Plan Limitations on Land Use Due to Noise) of the AELUP shows all types of residential land uses in this noise area as "Normally Inconsistent" unless sound attenuated to ensure that the interior CNEL does notexceed 45 dB, and that all units are indoor oriented so as to preclude noise impingement on outdoor living areas. This is further explained in Subsection 3.2.3 (Noise Impact Zone " 1"— High Noise Impact [65 dB CNEL and above]). The City's recent changes in November 2023, listed in Tables 1 and 2 above, will help to ensure that appropriate noise considerations are made and that mitigation measures are included in the design. Despite the above mentioning of the proposed Housing Element implementation Program Amendments' consideration of the 1985 JWA Master Plan contours, the City believes that these existing noise contours identified in Appendix D of the ALEUP are no longer accurate. This is demonstrated in the technical analysis provided as part of the 2014 John Wayne Airport Settlement Agreement Amendment Environmental Impact Report No. 617 (2014 EIR No. 617) that was certified by the County of Orange. Furthermore, the identified noise contours, which were last reviewed in 2008, no longer reflect the best available science regarding noise impacts in the vicinity of the airport and do not reflect the actual levels of noise experienced by inhabitants at the property. Therefore, the City believes that the noise contours identified in Appendix D of the ALUEP are outdated and are no longer relevant for the basis of environmental analysis and consistency with the intent of the ALEUP. Nonetheless, the City has provided the enclosed Exhibit 131 showing the location of the sites in relation to the existing ALEUP identified noise contours, as well as Exhibit B2 showing the location of the sites in relation to the 2014 EIR No. 617 contours recognized by the City's Noise Element. Of the 75 new housing opportunity sites identified in the Airport Area, 56 are located wholly or partially outside the 65 dBA CNEL contour identified by the 2014 EIR No. 617. 19 new housing opportunity sites are located wholly within the updated 65-70 dBA CNEL contour area boundary. It should be made clear that in no case is the City is prioritizing housing within the 70-to-75 dBA CNEL contour or above. Safety Compatibility As part of the site selection process, the City made it a point to avoid sites in the following runway safety zones: • Safety zone 1— Runway Protection Zone "RPZ"; • Safety Zone 2— Inner Approach/Departure Zone; and • Safety Zone 5 — Sideline Zone 69 of the 75 new sites identified within the vicinity of JWA are completely within Safety Zone 6 —Traffic Pattern Zone with the remaining 6 being only partially within Safety Zones 3— Inner Turning Zone or 4 — Outer Approach/Departure Zone. As provided in Appendix D of the AELUP, Table 9B (Safety Compatibility Qualities), residential uses are allowed in Safety Zone 6. Residential uses are allowed in Safety Zone 4 as infill in urban areas and in Safety Zone 3 as a very low density use with special consideration for noise. 5.16.24 ALUC Item #3 Page 60 23-402 Zone 3: Inner Turning Zone Risk Factors / Runway Proximity "Lone primarily applicable to general aviation airports y Encompasse5 locations where aircraft are typically turn• ing from the base to final approach legs of the standard traffic pattern and are descending from traffic pattern altitude > Zone also includes the area where departing aircraft normally complete the transition from takeoff power and flap settings to a climb mode and have begun to turn to their en route heading Zone 4: Outer Approach/Departure Zone Risk Factors / Runway Proximity Situated along extended runway cente+line beyond Zone 3 s Approaching aircraft usually at less than traffic pattern altitude f Particularly applicable for busy general aviation runways (because of elongated traffic pattern), runways with straight -in instrument approach procedures, and other runways where straight -in or straight-out flight paths are common i- Zone can be reduced in size or eliminated for runways With very -low activity levels Zone 6: Traffic Pattern Zone Risk Factors l Runway Proximity s Generally low lik4hood of accident occurrence at most. airports, risk concern primarily is with uses for whrell potential consequences are severe s Zone incluces ali other portions of regular traffic pat- terns and pattern entry routes Height Restriction Zones gasic Centpatibility Qualities Limit residential uses to very love densities (if not deemed unacceptable because of noose) Avoid nonresidential uses having moderate or higher usage intensities (e.g,, major shopping ceatefs, fast food restau- rants, theaters, meeting hails, buildings with more than three aboveground habitable floors are generally unacceptable) > prohibit children's schools, large day care centers, hospitals, nursing homes Avoid hazardous uses (e.g. aboveground bulk fuel storage) &avc Compatibility Qualities Y In undeveloped areas, limit residential uses to very low densi- ties (if not deemed unacceptable because of noise); it alter- native uses are impractical, allow higher densities as infill in urban areas r Limit nonresidential uses as in Zone 3 > Pronibit children's schools, large day care centers, hospitals, nursing homes Basic Compatibility Qualities s .Meow residential uses . Allow most nonresidential uses; prohibit outdoor stadiums and similar uses with very high intensities )P. Avoid children':) schools, large day care centefs, hospitals, nursing homes As presently drafted, all sites within the Housing Opportunity (HO) Overlay Zones will be subject to the current heights allowed by the base zoning district with exception of four parcels that are subject to an unduly restrictive 18-foot height Limitation. These are being granted new heights of 35 and 60 feet. However, 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 updates to the Land Use Element and rezoning wilt be subject to future Airport Land Use Commission (ALUC) review, consistent with Public Utilities Code Section 21676. See the draft Housing Opportunity (HO) Overlay Zoning Map for HO-1 Airport Area Environs Area below. 5.16.24 ALUC Item #3 Page 61 23-403 City of Newport Beach Housing Element Implementation Program Amendments ALUC Submittal, April 26, 2024 EXHIBIT B1 - 2008 AELUP Noise Contours r i r r N r C n 0 ED E O'n rD M N lE4 1N Y� ,F{ Cost a Caronj del Mai State yedO r / Y ` r � lY rl �L' tpa 10] ]�.� IE 4P! r li F' iw u SSF W 4 1 F, 15 F] K r tY r » ff ! r Y ' r M '• r r 1 � r l+ FS �] r M r I 1 -- City Boundary Focus Area Noise Contours '--, Airpurt Area Housing Sites 0 60 0 0.07 0.15 0.3 Mar: 65 23-404 City of Newport Beach Housing Element Implementation Program Amendments ALUC Submittal, April 26, 2024 EXHIBIT B2 - City Noise Element Noise Contours 3 / pr, i el b, es SLI ,f^ m Noise Contours Oily Boundary © f-0 Focus Area © 65 F-_7 Alvort +area Housing Sites ® 70 0 0.07 4.15 0.3 Miles I♦ 75 I 1 1 i „f. 23-405 ORAM�COUNTY AIRPORT LAND USE COMMISSION FOR ORANGE COUNTY .4LL]C 3160 Airway Avenue • Costa Mesa, California 92626 - 949.252.5170 fax: 949.252.6012 May 23, 2024 Ben Zdeba, Principal Planner City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 Subject: ALUC Determination for Housing Element Implementation Program Amendments (Proposed Amendments to the General Plan Land Use Element, Title 20 (Planning and Zoning) of the Newport Beach Municipal Code (1NBMQ, and Local Coastal Program Dear Mr. Zdeba: During the public meeting held on May 16, 2024, the Airport Land Use Commission (ALUC) for Orange County considered the subject item. The matter was duly discussed, and with a 7-0 vote, the Commission found the Housing Element Implementation Program Amendments (Proposed Amendments to the General Plan Land Use Element Title 20(Planning and Zoning) of the Newport Beach Municipal Cade (NBMC), and Local Coastal Program to be Inconsistent with the Airport Eni4rons Land Use Pl an for John Wayne Airport (AELUP for JWA) per: Section 2.1.1 Aircraft Noise that the "aircraft noise emanating from airports may be incompatible with general welfare of the inhabitants within the vicinity of an airport." 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. Section 2.1.4, and PUC Section 21674 which state that the Commission is charged by PUC Section 21674(a) "to assist local agencies in ensuring compatible land uses in the vicinity of ...existing airports to the extent that the land in the vicinity of those airports is not already devoted to incompatible uses," and PUC Section 21674(b) "to coordinate planning at the state, regional and local levels so as to provide for the orderly development of air transportation, while at the same time protecting the public health, safety and welfare." 4. 3.2.1 General Policy of the AELUP which states that the General Land Use policy of the Airport Land Use Commission for Orange County shall be "Within the boundaries of the AELUP, any land use may be found to be Inconsistent with the AELUP which.. , places people so that they are affected adversely by aircraft noise..." 23-406 Please contact me if you have any questions regarding this proceeding. Thank you. Sincerely, Julie Fitch Interim Executive Officer cc: ALiUC 23-407 Attachment M Minor Language Changes Since Planning Commission and ALUC Review 23-408 LU 3.3 Opportunities for Change Support opportunities for new development and improved physical environments for residents, businesses, and visitors in the following districts and corridors, as specified in Polices 6.3.1 through 6.22.7: West Newport: support consolidation of retail and visitor -serving commercial uses, and new residential opportunities Santa Ana Heights: support continued implementation of the adopted Specific Plan and Redevelopment Plan Fashion Island/Newport Center: support balanced expansion and enhancement of retail uses, hotel rooms, and offices, and development of residential in proximity to jobs and services Balboa Peninsula: support patterns of use that consolidate the Peninsula's visitor -serving and mixed uses within the core commercial districts; encourage marine -related uses especially along the bay front; integrate residential with retail and visitor -serving uses in Lido Village, McFadden Square, Balboa Village, and along portions of the Harbor frontage; re -use interior parcels in Cannery Village for residential and limited mixed -use and live/work buildings; and redevelop underperforming properties outside of the core commercial districts along the Balboa Boulevard corridor for residential. Infill development shall be designed and sited to preserve the historical and architectural fabric of these districts Mariners' Mile: support revitalization of existing properties for retail, visitor -serving, and marine - related uses, integrated with residential Corona del Mar: support enhancement of public improvements and parking (Imp 1.1, 2.1, 5.1) Study and consider the adoption of specific plans or other appropriate land use guidance for the following areas: West Newport Mesa: This area is generally bounded by the City of Costa Mesa to the north, Banning Ranch to the west, State Route 55 to the east, and Hospital Road to the south. The area may be expanded if warranted. The intent is to support a cohesive strategy that enhances existing land use or repurpose underperforming commercial and industrial uses or activities while facilitating new and varied housing, including workforce housing proximate to jobs, transportation, and services. Future land uses are intended to be appropriately located and sized to accommodate local community needs. Airport Area: This area is generally bound by Jamboree Road to the east, Campus Drive to the north and west, and State Route 73 to the south. This area may be expanded subject to LU 4.4. This area must support flexible land use planning for the reuse and repurposing of existing nonresidential uses while allowing for a variety of housing opportunities inclusive of workforce housing proximate to jobs, transportation, supporting commercial, and services. The intent is to support and provide neighborhood parks or other recreational opportunities, and other public services. Development in this area should contribute to a cohesive urban, mixed -use character where residents and visitors can Eve, work, shop, access services, and play. Coyote Canyon Landfill: This approximately 375-acre open space area is generally bound by Newport Coast Drive to the east, State Route 73 to the north, and the Newport Ridge Planned Community to the west and south. The intent for this area is to support a comprehensive vision that balances future land uses with environmental stewardship and public access. Future development should adapt the closed landfill as an area that supports a variety of outdoor recreational uses such as golf, hiking, and nature interpretation alongside housing opportunities with complementary nonresidential uses. 23-409 LU 4.4 Rezoning to Accommodate Housing Opportunities Accommodate housing opportunities through the adoption of housing opportunity overlay zoning districts or other land use regulatory policy. The following areas are intended to be consistent with the Housing Element's focus areas. Properties within each overlay district should include, but are not limited to, sites identified in the Housing Element; however, not all sites must be included, and other sites or adjustments may be identified in the future through rezoning unless precluded by state law. The goal is to ensure an adequate number of sites Citywide to accommodate the City's overall allocation of the Regional Housing Needs Assessment: • Airport Environs: the intent is to support a density between 20 and 50 dwelling units per gross acre to accommodate up to 2,577 total dwelling units within the area. • West Newport Mesa: the intent is to support a density between 20 and 50 dwelling units per gross acre to accommodate up to 1,107 total dwelling units within the area. • Newport Center: the intent is to support a density between 20 and 50 dwelling units per gross acre to accommodate up to 2,439 total dwelling units within the area. units per gross acre. • Dover / Westcliff the intent is to support a density between 20 and 50 dwelling units per gross acre to accommodate up to 521 total dwelling units within the area. • Coyote Canyon: the intent is to allow a density between 20 and 60 dwelling units per gross acre of viable land to accommodate up to 1,530 total dwelling units within the area. LU 4.5 Residential Uses and Residential Densities Residential use of any property included within an established housing opportunity overlay zoning district is allowed regardless of and in addition to the underlying land use category or density limit established through Policy LU 4.1, Table LU 1 and Table LU 2, or any other conflict in the Land Use Element. A general plan amendment is not required to develop a residential use within an established housing opportunity zoning overlay district. The maximum density specified for the various overlay districts specified in Policy LU 4.2 is an average over the entire property or project site. For example, a portion of a development site may be developed at a higher density than specified by Policy 4.4 provided other portions of the site are developed at lower densities such that the average does not exceed the maximum. Density calculations and total units identified in LU 4.4 do not include units identified as pipeline units or units permitted pursuant to State density bonus law. 23-410 TABLE 2-16 DEVELOPMENT STANDARDS FOR HOUSING OPPORTUNITY OVERLAY ZONES Housing Opportunity Subareas Development Feature H 0-1 H O-2 H O-3 H O-4 H O-5 H O-6 Development Limit 2,577 1,107 521 2,439 1,530 N/A (units)0) Lot Size/Dimension Per Base Zone Lot area required per unit Minimum: Minimum: Minimum: All (sq. ft.)(2) 2,178 (20 2,178 (20 du/ac) 2,178 (20 Standards du/ac) Maximum: du/ac) Per Base Maximum: 871 (50 du/ac) Maximum: Zone 871 (50 726 (60 du/ac) du/ac)(10) Setbacks Front 0 ft.(3) 10 10 f .(3)(4) 0(3) 10 ft.(3) ft.(3) Rear 0 20 ft. 20 ft. 0 20 ft. Side 0(4) Street Side 0(3) 10 10 ft.(3) 0 ft.(3) 10 ft.(3) ft.(3) Height Per Base 65 ft. 65 ft.(6) Per 65 ft. Zone Base unless Zone(') otherwise identified on the map Building Separation 10 ft. Floor Area Ratio (FAR) No restriction(8) Common Open Space(9) Minimum 75 square feet/dwelling unit. (The minimum dimension [length and width] shall be 15 feet.) Private Open Space(9) 5% of the gross floor area for each unit. (The minimum dimension [length and width] shall be 6 feet.) Fencing See Section 20.30.040 (Fences, Hedges, Walls, and Retaining Walls). Landscaping See Chapter 20.36 (Landscaping Standards). Lighting See Section 20.30.070 (Outdoor Lighting). Outdoor Storage/Display See Section 20.48.140 (Outdoor Storage, Display, and Activities). Parking See Subsection (D)(3) below and Chapter 20.40 (Off - Street Parking). Satellite Antennas See Section 20.48.190 (Satellite Antennas and Amateur Radio Facilities). Signs See Chapter 20.42 (Sign Standards). 23-411 (1) Development limits are additional residential development opportunities beyond the base allowances in this Title tie and General Plan Those limits ch=ii not include _density bonus units or nits that _ +her, including Projects approved under those base allowances and units identified as pipeline units in the 61h Cycle Housing Element (Table B-2) . Development limits shall not include density bonus units. Furthermore, eligible units are only counted against the development limits when they are either entitled or are issued a building permit if allowed by right. However, 25% of the development limit within each HO Overlay Zoning District that includes properties within the Coastal Zone shall be reserved until such a time as the City s Local Coastal Program has been amended to allow for housing consistent with the implementation of the 6th Cycle Housing Element. Following the City's Local Coastal Program Amendment, priority for the reserved units will be given to sites located within the Coastal Zone. (2) Minimum/maximum allowable density range may be based on an average density of the entire project site, excluding density bonus units. (3) Any portion of the building that is over 20 feet in height shall be setback a minimum 20 feet from the street right-of- way. (4) Except in the Mixed -Use Mariners Mile (MU-MM) Zoning District wherein residential uses are only allowed beginning 100 feet north of Coast Highway. (5) The combined total from both sides shall be 15 feet. (6) The height shall be limited to 35 feet in the Shoreline Height Limit Area, as identified in Map H-1. (7) "Base Zone" includes all height limitations established by the Sight Plane Ordinance (Ordinance No. 1371 and Ordinance No. 1596). (8) The FAR in this table only applies to residential floor area, including any supporting facilities. In mixed -use developments, the FAR for nonresidential is still applicable. (9) For purposes of this section, common and private open space in HO-1 may include enclosed shared amenities such as a clubhouse, swimming pool, tennis court, basketball court, racquetball court, weightlifting facility, children's playground equipment, sauna, jacuzzi, day care facility, or any other recreational amenities/facilities as deemed appropriate by the Community Development Director. (10) This density is intended for the former Coyote Canyon Landfill site only. The Sage Hill School site is limited to a maximum of 20 dwelling units. 23-412 Attachment N Fiscal Impact Analysis 23-413 ADVISORS IN: Real Estate To: Affordable Housing Economic Development BERKELEY From Debbie M. Kern David Doezema Date: Los ANGELES Kathleen H. Head Kevin E. Engstrom Subject: Julie L. Romey Tim R. Bretz G 4,ti�BRAy,I4 � G� KEYSER MARSTON ASSOCIATES MEMORANDUM Ben Zdeba, Principal Planner City of Newport Beach Kevin Engstrom July 11, 2024 General Plan Housing Implementation Program — Program EIR Fiscal Impact Pursuant to your request, Keyser Marston Associates, Inc. (KMA) evaluated the potential fiscal SAN DIEGO Paul C. Marra impact of the City of Newport Beach General Plan Housing Implementation Program — Draft Linnie A. Gavino Program Environmental Impact Report (Program EIR). The fiscal analysis considers the ongoing EMERITUS effects of the potential residential development on the General Fund for the City of Newport A. Jerry Keyser Beach (City). This overview is organized as follows: Timothy C. Kelly 1. Fiscal Impact Methodology 2. Program EIR Summary 3. Fiscal Impact Model Summary and Assumptions 4. Program EIR Fiscal Impact 5. Evaluation Summary FISCAL IMPACT METHODOLOGY The approach used in a fiscal analysis is to estimate public revenues based on specific parameters of the proposed development where appropriate (i.e. number and value of residential units, commercial square footage, value and sales per square foot for commercial uses) or based on the projected number of residents or employees for revenues that generally vary by population and/or employment. This analysis utilizes the unit projections found in the Program EIR and estimates the impact developing these units and their residents will have on City General Fund 777 SOUTH FIGUEROA STREET, SUITE 2555 LOS ANGELES, CALIFORNIA 90017 PHONE 213.622.8095 WWW.KEYSERMARSTON.COM 2407003:KH:kee 15054.003.004 23-414 Ben Zdeba Program EIR —Fiscal Impact July 11, 2024 Page 2 revenues. City service costs are estimated based on the number of persons served (residents). The public service costs are deducted from the public revenues to derive the net benefit of the potential development to the City. Initial capital requirements and obligations are usually addressed through development impact fees or other project mitigations. HOUSING IMPLEMENTATION PROGRAM - PROGRAM EIR A summary of the project description found in Program EIR is below: 1. The Program EIR identified opportunity sites in five overlay zones plus the Banning Ranch area in the City. As shown in the table below, 247 sites totaling 537 acres were identified as candidate residential sites. Focus Area Opportunities Density Sites Acres (DU/Ac) Airport Area 100 176 50 West Newport Mesa 26 47 50 Dover-Westcliff 15 20 50 Newport Center 85 230 50 Coyote Canyon 2 34 60 Banning Ranch 19 30 50 Total 247 537 2. The Program EIR indicates the residential capacity of the opportunity sites is 9,630 units, which would include a mix of low, very low, moderate and above moderate -income units as summarized in the table below. The buildout assumptions in the Program EIR represent a "net" development capacity, adjusted to consider existing residential development on housing sites and input from developers. Focus Area Development Capacity Low/Very Above Low Moderate Moderate Total Airport Area 773 258 1,546 2,577 West Newport Mesa 332 111 664 1,107 Dover-Westcliff 156 52 312 521 Newport Center 732 224 1,463 2,439 Coyote Canyon 383 153 995 1,530 Banning Ranch 443 148 885 1,476 Total 2,819 946 5,865 9,630 2407003: K H : kee 15054.003.004 23-415 Ben Zdeba July 11, 2024 Program EIR —Fiscal Impact Page 3 3. The Program EIR identifies a total development capacity of 9,914 units, which includes the 9,630 units of future development capacity identified above, 25 units of pipeline projects and 240 ADUs. These estimates provide the basis of the fiscal impact evaluation. EXISTING MARKET CONDITIONS The residential market conditions are summarized below in the table below:1 1. A summary of the key inventory and performance metrics for apartments in the City is shown below. Apartment Market Summary Unit Share Sq. Feet Rent Rent PSF Studio 14% 477 $2,111 $4.55 1-Bdr 36% 773 $3,017 $3.93 2-Bdr 44% 1,140 $3,940 $3.47 3-Bdr 6% 1,495 $5,320 $3.68 2. Consistent with market area and regional trends, one -bedroom and two -bedroom units account for the majority (80%) of the apartment units in the City. 3. Average unit sizes for studios are less than 500 square feet, with one and two -bedroom units averaging 773 and 1,140 square feet respectively. 4. For 2023, the average effective rent in the City across all unit types was $3,520 ($3.67/sf). Average rents per square foot range from $4.55 for studios to $3.68 for three -bedroom units. 5. The rental market has seen robust rent growth in recent years, with average rents increasing by 33.7% since 2018, from $2.75 per square foot to $3.67 per square foot. 6. The vacancy rate in the City was 2.5% in 2023, which was lower than the 10-year average of 5.1%. 7. Over the last 10 years, the median home sales price in the City increased 80.6%. 1 Data Sources: Costar Analytics, City of Newport Beach. CoStar Capital Market Report — Newport Beach -Multi - Family; Redfin Data Center; Applied Development Economics (ADE) City of Newport Beach Fiscal Impact Model 2407003: K H : kee 15054.003.004 23-416 Ben Zdeba July 11, 2024 Program EIR —Fiscal Impact Page 4 8. The average sales price of attached homes in the City was $1.7 million in 2023. The average market value of 4-5 Star apartments was $807,000 per unit in 2023, with values projected to increase to $1.1 million in 2028. 9. Historic fiscal analyses prepared in the City rely on an established library of values based on recent transactions. These values include an average of $1.35 million for the for -sale product, $1.05 million for apartments and $310,200 for affordable units. FISCAL MODEL SUMMARY & ASSUMPTIONS A summary of the key fiscal model inputs and assumptions is provided below. PROPERTY TAX Given the nature of the land use the majority of the City revenues will be generated by property taxes. The property tax assumptions include the following: • Properties in California are taxed at a 1.0% general rate applied to the assessed value of the property. • Traditionally, a city receives an allocated share of the 1% general property tax, with the balance going to other governmental agencies (e.g. County). The City receives 16.1% of the 1.0% general rate. • Assessed values for residential can range considerably depending on product quality, unit size and other salient factors. The assessed value of for -sale units is based on sales price. For apartments, unit cost and/or unit value will be the determining factor. • In addition to the base property tax, the City receives additional property taxes in lieu of Vehicle License Fees (VLF). The City's VLF funds are 10.0% of the basic levy. SALES TAX The sales tax projections are based on taxable retail spending by residents of new units in the City: • The City's share of sales tax is 1.0% of taxable sales. • To estimate household income levels, it is assumed that residents spend 30% of their income on rent and/or mortgage payment. • Taxable retail sales are projected to account for approximately 20% of household incomes. 2407003: K H : kee 15054.003.004 23-417 Ben Zdeba Program EIR —Fiscal Impact July 11, 2024 Page 5 • It is assumed the City captures two-thirds of the taxable retail sales generated by households.z OTHER CITY REVENUES The Other City revenues include revenues such as business licenses, franchise fees, licenses & permits, charges for services and other miscellaneous revenues sources. The key assumptions include: • The projections are based on a per capita basis. The average household size in the City is 2.07 residents per unit based on the California DOF E-5 report. After accounting for vacancies the average household size of all units is 1.84 persons.' • The per capita revenues are based on line -items taken from the Fiscal Year 2023/24 City Budget. • Based on the total per capita revenues in the City, a discount is assumed that reflects the likely impact of development on these revenue streams. The discount ranges from 0% to 100% depending on the fixed nature of the revenue stream and likely impact of the development. The analysis makes this adjustment for both franchise taxes and business licenses. CITY OPERATING COSTS The City operating costs assumptions are addressed below: • City operating cost projections are made on a per capita basis. • Consistent with the Other City revenues a discount is assumed for those Project costs that are considered fixed. • Fire and Police estimates are based on the City's historic allocation of the cost for these services and constitute the bulk of City service costs.4 PROGRAM EIR FISCAL IMPACT The fiscal impact of the Program EIR will ultimately be determined on a case -by -case basis as new developments are proposed. This is particularly important to note, as the bulk of the residential units are potentially in overlay zones, which would replace existing land uses. These existing uses may already have a negative impact on the City's general fund, thus mitigating the potential negative impact of the z Source: ADE City of Newport Beach Fiscal Impact Model ' Based on CA DOF E-5 estimates for the City which assume average household size of 2.17 person and 15.1% vacancy rate. 4 Source: ADE City of Newport Beach Fiscal Impact Model 2407003: K H : kee 15054.003.004 23-418 Ben Zdeba Program EIR —Fiscal Impact July 11, 2024 Page 6 residential units. In addition, there is a significant range of outcomes depending on the assessed value of the proposed units, projected rents/sales prices and resultant income levels. Finally, the assessed value of the proposed units is critically important, as property tax revenues account for approximately two- thirds of the City general fund revenues generated by residential projects. To provide context for the full buildout of the unit mix (market rate and affordable) in the Program EIR, the following assumptions were utilized: • The estimated unit breakdown includes 8,923 apartments and 990 for sale units: Unit Allocations Units Apartment 8,923 For Sale 991 Total 9,914 • The analysis assumes the low/very low-income units will be in apartments, with the following unit distribution.' Apartment Mix Units Low/Very Low 2,612 Moderate/Above Moderate 6,311 Total 8,923 • Based on a review of the available market data the average assessed values for the fiscal analysis are summarized below. The property tax assumptions are set forth above. Average Assessed Value Value/Unit Affordable Apartments' $310,200 Moderate/Market Apartments$ $1,100,000 For Sale Residential $1,700,000 s Based on information provided by the City. 6 Unit income distribution derived from the Program EIR. ' Includes low/very low apartments. $ Includes moderate/above moderate apartments. 2407003: K H : kee 15054.003.004 23-419 Ben Zdeba Program EIR —Fiscal Impact July 11, 2024 Page 7 • The mix of apartment units by bedroom count is assumed to be consistent with the current City inventory, with average rents shown in the table below. Average Apartment Rent Avg. Rent Affordable Apartments $1,250 Moderate/Market Apartments $3,800 • Sales tax is estimated based on the average per household income levels shown in the table below and the expenditure assumptions detailed above. Average Household Income Levels HH Income Affordable Apartments $58,000 Moderate/Market Apartments $153,000 For Sale Residential $317,000 • The Other City revenues are estimated on a per capita basis. Assuming an average of 1.84 persons per household there would be 18,257 additional residents at buildout. The Other City revenues are based on the City budget and include franchise taxes; business licenses; other intergovernmental; charges for services; fines, penalties and forfeitures; licenses and permits; use of property; other revenue and interest income.' • The City's operating expenses are also estimated on a per capita basis assuming 18,257 residents. Based on the City budget, these costs include general government; police; fire; public works/utility; streets/transportation; community development; community services and net transfers out. • Under these assumptions the net fiscal impact of the Program EIR is a negative $8.3 million as shown in the table below. ' Source: City of Newport Beach Fiscal Year 2023-24 Proposed Budget 2407003: K H : kee 15054.003.004 23-420 Ben Zdeba Program EIR —Fiscal Impact General Fund Im General Fund Revenues Property Tax $15,188,300 Property Tax in lieu of VLF $1,557,200 Sales Tax $1,763,200 Transient Occupancy Tax $0 Franchise Taxes $376,900 Business Licenses $116,300 Other Intergovernmental $255,700 Charges for Service $2,044,100 Fines, Penalties, and Forfeitures $424,300 Licenses and Permits $52,300 Use of Property $1,789,600 Other Revenue $398,400 Interest Income $138,000 General Fund Revenue $24,104,100 General Fund Expenditures General Government $3,321,900 Police $8,424,300 Fire $7,447,800 Public Works/Utilities $4,542,100 Streets/Transportation $1,109,100 Community Development $331,000 Community Services $5,509,500 Net Transfers Out $1,727,300 General Fund Expenditures $32,413,000 Net General Fund Impact ($8,308,900) July 11, 2024 Page 8 The potential units would be developed over an extended period; consequently, the impact shown above would not occur at one time. The per unit fiscal impact is a negative $840 as shown below: Net General Fund Impact per Unit City Revenue $2,430 City Expenditures 3 270 Total ($840) 2407003: K H : kee 15054.003.004 23-421 Ben Zdeba Program EIR —Fiscal Impact July 11, 2024 Page 9 • The estimates shown above provide a high-level summary of the potential impact of the Program EIR; however, these may be mitigated due to the land use being replaced and/or the assessed value/household incomes of new development as it is proposed. For example, a fiscal analysis of the 1400 Bristol St. North Project was prepared in March 2024, which included a proposed apartment project replacing an existing office building. The analysis compared the fiscal impact of the proposed project to the existing office building and found that both developments had a negative impact on the City's general fund with the office's negative impact being about 40% of the residential impact. In addition, the negative impact on the general fund of the proposed project was less than $500 per unit due to the affordability mix (10% affordable), assessed values and project rents. General Fund Impact - 1400 Bristol St. North Project Residential Office City Revenue $567,570 $80,390 City Expenditures 673 870 123 970 Project Total ($106,300) ($43,580) Per Unit/SF ($460) ($1.10) EVALUATION SUMMARY The Program EIR identified opportunity sites in five overlay zones plus the Banning Ranch area in the City. Many of the sites identified for potential residential developments are already improved with land uses; consequently, the overall fiscal impact of the Program EIR is highly speculative and will ultimately be determined on a case -by -case basis as new developments are proposed. Some key issues to consider: • Rents, sales prices and assessed values in the City are all very high, benefiting General Fund revenues. • Total buildout of all the potential residential would have a net negative impact on the City's General Fund. This may be mitigated if projects continue to be developed at higher price points. • The replacement of land uses that generate minimal public revenues can offset the negative impact of the residential. As the 1400 Bristol St. North project demonstrates, office development can have a net negative impact on the General Fund and higher rents/values can significantly reduce the residential impact. • Cities will often adopt a development fee program, negotiate development agreements and pursue other methods to mitigate the fiscal impact of residential development. As KMA understands the situation, the City is currently preparing a development fee program, which could potentially offset some of the projected impact. 2407003: K H : kee 15054.003.004 23-422 Attachment O Resolution No. 2024-58 Initiating an Amendment to the 611 Cycle Housing Element 23-423 RESOLUTION NO. 2024- 58 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, INITIATING A NARROWLY FOCUSED AMENDMENT TO THE ADOPTED AND CERTIFIED 6T" CYCLE HOUSING ELEMENT TO REMOVE THE REFERENCE TO CHARTER SECTION 423 VOTER APPROVAL (PA2022- 0245) WHEREAS, City Council Policy K-1 (General Plan and Local Coastal Program) requires amendments to the City of Newport Beach ("City") General Plan to be initiated by the City Council; WHEREAS, California Government Code Section 65580 et seq. ("State Housing Element Law") requires each city and county adopt a housing element that identifies and analyzes existing and projected housing needs within their jurisdiction and prepare goals, policies, and programs, and quantified objectives to further the development, improvement, and preservation of housing; WHEREAS, every eight years, State Housing Element Law requires the City to update its General Plan Housing Element to identify and analyze existing and projected housing needs for the City along with a housing plan that provides adequate land use capacity to meet those needs; WHEREAS, the City was assigned a Regional Housing Needs Assessment ("RHNA") allocation of 4,845 new units as its projected housing need for the planning period covering 2021-2029 and, as a result, the City worked diligently to prepare its 6th Cycle Housing Element in compliance with state law; WHEREAS, preparation of the 6th Cycle Housing Element involved extensive public participation with community groups at numerous workshops, as well as meetings with the Planning Commission and City Council, and was assisted by an ad -hoc committee called the Housing Element Update Advisory Committee ("HEUAC") formed and appointed by the City Council; WHEREAS, after several meetings with the State Department of Housing and Community Development ("HCD") and numerous drafts, the City Council adopted the final 6th Cycle Housing Element on September 13, 2022; WHEREAS, HCD certified the City's 6th Cycle Housing Element on October 5, 2022, as statutorily compliant with state law; 23-424 Resolution No. 2024- Page 2 of 5 WHEREAS, Section 4 (Housing Plan) of the 6th Cycle Housing Element presents a framework and strategy for meeting the needs of existing and future resident populations in Newport Beach based on the RHNA allocation of 4,845 new housing units, the "fair share" of regional housing need and demand, by planning for units within the following site groupings or "focus areas" that are best suited for residential growth: Airport Area Environs, West Newport Mesa, Newport Center, Dover/Westcliff, and Coyote Canyon; WHEREAS, the 60 Cycle Housing Element opportunity sites are to be rezoned per Housing Element Policy Actions 1 A through 1 F to accommodate the City's RHNA obligation, including a buffer necessary to address future "no net loss" of available sites and to preclude the need to identify replacement sites during implementation; WHEREAS, the rezoning includes the establishment of overlay zoning districts and accompanying development standards, as well as corresponding amendments to the General Plan Land Use Element and the Local Coastal Program; WHEREAS, to comply with state law, the City has been working diligently to implement the 6th Cycle Housing Element no later than February 2025 ("6th Cycle Housing Element Implementation"), which requires the following amendments and actions: • General Plan Amendment ("GPA") - To revise the necessary goals and/or policies within the City's Land Use Element to support housing production in the focus areas identified by the 6th Cycle Housing Element; Amendment to Title 20 (Planning and Zoning) ("ZCA") - To implement the Land Use Element's policy changes by allowing housing development as an opportunity and establishing appropriate objective design and development standards for multi -unit residential and mixed -use development projects; • Local Coastal Program Amendment ("LCPA") - To revise and create new policies within the City's Coastal Land Use Plan and update Title 21 (Local Coastal Program Implementation Plan) of the Newport Beach Municipal Code ("NBMC") to support housing production in the focus areas identified by the 6t1 Cycle Housing Element that are within the Coastal Zone; and 23-425 Resolution No. 2024- Page 3 of 5 • Program Environmental Impact Report ("PEIR") (SCH No. 2023060699) - To analyze potential environmental impacts under the California Environmental Quality Act ("CEQA") related to the 6th Cycle Housing Element Implementation, a Draft Housing Element Implementation Program Amendments Program Environmental Impact Report ("Draft PEIR"), to address reasonably foreseeable environmental impacts resulting from the 6th Cycle Housing Element Implementation; WHEREAS, Charter Section 423 is described as a possible constraint in Section 3 (Housing Constraints, Resources, and Affirmatively Furthering Fair Housing), and further discussed as an implementation action in Section 4 (Housing Plan) of the 6th Cycle Housing Element; WHEREAS, the 6th Cycle Housing Element Implementation must take effect by February 2025 to avoid significant penalties and loss of local control dictated by state law, which may include, but are not limited to: • Increased exposure to public and private litigation; • Loss of permitting authority; • Financial penalties, including monthly fines of up to $600,000; • Loss of eligibility for state and regional funding sources; • Court receivership; • Allowing housing developers to bypass the City's zoning requirements; and • Increased exposure to monitoring by the newly formed Housing Accountability Unit of HCD; WHEREAS, a study session was held on July 9, 2024, by the City Council to discuss whether a vote of the electorate should be required under Charter Section 423 due to the 6th Cycle Housing Element Implementation being mandated under State Housing Element Law and therefore precluding a vote under Charter Section 423; WHEREAS, after public comments and City Council discussion, the City Council directed staff to return on July 23, 2024, with both options to proceed with a vote and to proceed without a vote; 23-426 Resolution No. 2024- Page 4 of 5 WHEREAS, City staff has consulted with HCD to describe the narrowly focused amendment, which would remove the reference to a vote under Charter Section 423 as a constraint in Section 3 and as an implementing action in Section 4, and has been provided feedback that the proposed change would not result in a more expansive review of the 6th Cycle Housing Element and would not jeopardize the City's compliant status; and WHEREAS, a public hearing was held on July 23, 2024, by the City Council in the Council Chambers located at 100 Civic Center Drive, Newport Beach, California to consider the 6th Cycle Housing Element Implementation. 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 does hereby initiate a narrowly focused amendment to the adopted and certified statutorily compliant 6th Cycle Housing Element of the General Plan to remove the reference to a vote of the electorate pursuant to Charter Section 423 as a constraint or as an implementing action. Section 2: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution. Section 3: If any section, subsection, sentence, clause or phrase of this resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this resolution. The City Council hereby declares that it would have passed this resolution, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. Section 4: The City Council finds the adoption of this resolution is exempt from environmental review under the California Environmental Quality Act ("CEQA") pursuant to Section 15262 of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it involves feasibility or planning studies on possible future actions, which the agency, board, or commission has not approved or adopted. 23-427 Resolution No. 2024- Page 5 of 5 Section 5: 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 23rd day of July, 2024. Will O'Neill Mayor ATTEST: Leilani I. Brown City Clerk APPROVED AS TO FORM: CITY ATTORNEY'S OFFI E o1r- Aaron C. Harp City Attorney 23-428