HomeMy WebLinkAbout2024-62 - Adopting Addendum No. 9 to the 2006 General Plan Update Program Environmental Impact Report and the 2008-2014 City of Newport Beach Housing Element Update Initial Study/Negative Declaration for the Residences at 1600 Dove Street Project LocatedRESOLUTION NO. 2024-62
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, ADOPTING
ADDENDUM NO. 9 TO THE 2006 GENERAL PLAN
UPDATE PROGRAM ENVIRONMENTAL IMPACT
REPORT AND THE 2008-2014 CITY OF NEWPORT
BEACH HOUSING ELEMENT UPDATE INITIAL
STUDY/NEGATIVE DECLARATION FOR THE
RESIDENCES AT 1600 DOVE STREET PROJECT
LOCATED AT 1600 DOVE STREET (PA2022-0297)
WHEREAS, Section 200 of the City of Newport Beach ("City") Charter vests the
City Council with the authority to make and enforce all laws, rules, and regulations with
respect to municipal affairs subject only to the restrictions and limitations contained in the
Charter and the State Constitution, and the power to exercise, or act pursuant to any and
all rights, powers and privileges, or procedures granted or prescribed by any law of the
State of California;
WHEREAS, an application was filed by The Picerne Group ("Applicant"), with
respect to the property located at 1600 Dove Street and legally described in Exhibit "A,"
which is attached hereto and incorporated by reference ("Property");
WHEREAS, the Applicant is requesting approval to allow the future development of
a multi -unit residential project consisting of up to 282 dwelling units ("Project"), which require
the following approvals:
• General Plan Amendment ("GPA") -A request to add 49 dwelling units above the
current General Plan allowance for the Airport Area, and amend Anomaly
Number 12 of the General Plan Table LU2 (Anomaly Locations) allocating 49
residential dwelling units to the Property;
• Affordable Housing Implementation Plan ("AHIP") - A plan specifying how the
Project would meet the City's affordable housing requirements, in exchange for a
request of 50% increase in density including a request for three development
standard waivers related to height, park dedication requirements, and overall
residential density along with two development concessions related to the
payment of park in -lieu fees and affordable unit mix pursuant to Chapter 20.32
(Density Bonus) of the Newport Beach Municipal Code ("NBMC") and
Government Code Section 65915 et seq. ("State Density Bonus Law");
Resolution No. 2024-62
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• Development Agreement ("DA") -A development agreement, pursuant to Section
15.45.020 (Development Agreement Required) of the NBMC, which would
provide the vested right to develop the Project for a term of 10 years and provide
negotiated public benefits to the City;
• Traffic Study - A traffic study pursuant to Chapter 15.40 (Traffic Phasing
Ordinance) of the NBMC; and
• Addendum No. 9 to the 2006 General Plan Update Program Environmental
Impact Report and the 2008-2014 City of Newport Beach Housing Element
Update and Initial Study/Negative Declaration ("Addendum No. 9") - An
addendum which addresses reasonably foreseeable environmental impacts
resulting from the Project;
WHEREAS, the Property is designated Mixed -Use Horizontal 2 (MU-H2) by the
General Plan Land Use Element and located within the Newport Place Planned Community
(PC-11) Zoning District Professional and Business Office Site 7 with a residential overlay;
WHEREAS, the Property is not located within the coastal zone, therefore amending
the Local Coastal Program or obtaining a coastal development permit is not required;
WHEREAS, a public hearing was held by the Planning Commission on May 23,
2024, in the Council Chambers at 100 Civic Center Drive, Newport Beach, California. A
notice of the time, place, and purpose of the hearing was given in accordance with
Government Code Section 54950 et seq. ("Ralph M. Brown Act"), and Chapters 15.45
(Development Agreements) and 20.62 (Public Hearings) of the NBMC. Evidence, both
written and oral, was presented to and considered by, the Planning Commission at this
hearing;
WHEREAS, at the hearing, the Planning Commission adopted Resolution No.
PC2024-008 by a majority vote (4 ayes, 1 nay) recommending the City Council approve
the Project;
WHEREAS, California Public Utilities Code ("CPUC") Section 21676(b) requires
the City to refer the Project to the Orange County Airport Land Use Commission ("ALUC")
to review for consistency with the 2008 John Wayne Airport Environs Land Use Plan
("AELUP");
Resolution No. 2024-62
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WHEREAS, on June 20, 2024, the ALUC determined the Project is inconsistent
with the AELUP;
WHEREAS, pursuant to Sections 21670 and 21676 of CPUC, the City Council
may, after a public hearing, propose to overrule the ALUC with a two-thirds vote, if it
makes specific findings that the Project is consistent with the purpose of Section 21670
of the CPUC to protect the public health, safety, and welfare by ensuring the orderly
expansion of airports and the adoption of land use measures that minimize the public's
exposure to excessive noise and safety hazards within areas around public airports to the
extent that these areas are not already devoted to incompatible uses;
WHEREAS, a public hearing was held by the City Council on July 9, 2024, in the
City Council Chambers located at 100 Civic Center Drive, Newport Beach, California. A
notice of time, place, and purpose of the hearing was given in accordance with CPUC
Section 21676(b) and the Ralph M. Brown Act. Evidence, both written and oral, was
presented to, and considered by, the City Council at this hearing;
WHEREAS, at the conclusion of the hearing, the City Council adopted Resolution
No. 2024-45 by unanimous vote (5 ayes, 2 recusals) to notify the ALUC and State
Department of Transportation Aeronautics Program ("Aeronautics Program") of the City's
intent to override the ALUC's inconsistency finding;
WHEREAS, a notice of the City's intent to override the ALUC inconsistency
determination, along with Resolution No. 2024-45 was sent via certified mail and emailed
to the ALUC and the Aeronautics Program on July 10, 2024;
WHEREAS, the City received timely comments in response to the notice of the
City's intent to override the ALUC inconsistency determination from the ALUC and the
Aeronautics Program in accordance with CPUC Section 21676; and
WHEREAS, a public hearing was held by the City Council on August 27, 2024, in
the City Council Chambers located at 100 Civic Center Drive, Newport Beach, California.
A notice of time, place and purpose of the public hearing was given in accordance with
the Ralph M. Brown Act, Chapters 15.45 (Development Agreements) and 20.62 (Public
Hearings) of the NBMC, and CPUC Section 21676(b). Evidence, both written and oral,
was presented to, and considered by, the City Council at this meeting.
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows..
Resolution No. 2024-62
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Section 1: The City Council adopted Resolution No. 2006-75 on July 25, 2006,
thereby certifying the adequacy and completeness of the Environmental Impact Report
("EIR") for the General Plan Update (SCH No. 2006011119), which is attached hereto as
Exhibit "B" and incorporated herein by reference. The EIR was prepared in compliance with
California Public Resources Code Section 21000 et seq. and its implementing State
regulations set forth in the California Code of Regulations Title 14, Division 6, Chapter 3
("CEQA Guidelines") and City Council Policy K-3. Additionally, in accordance with Section
15168(a) of the CEQA Guidelines, the City prepared the EIR as a Program Environmental
Impact Report (PEIR) which analyzed the potential impacts of a citywide land use plan, and
the goals and policies of 10 General Plan elements.
Section 2: The City Council adopted General Plan Amendment No. GP2008-003
on November 22, 2011, thereby approving the 2008-2014 City of Newport Beach Housing
Element Update Initial Study/Negative Declaration under CEQA, which is attached hereto
as Exhibit "C," and incorporated herein by reference.
Section 3: The City Council adopted Resolution Nos. 2007-79 and 2012-62 on
December 11, 2007 and July 24, 2012, respectively, approving Addenda Nos. 1 and 2 to
the 2006 General Plan Update EIR which are attached hereto as Exhibits "D" and "E" and
incorporated herein by reference, to analyze changes to the development intensities within
the North Newport Center Planned Community ("NNCPC") Development Plan. No analysis
specific to the Property was included in Addenda Nos. 1 and 2.
Section 4: The City Council adopted Resolution No. 2020-78 on September 8,
2020, approving Addendum No. 3 (ER2020-002), which is attached hereto as Exhibit "F,"
and incorporated herein by reference, to the 2006 General Plan Update EIR to amend the
General Plan Land Use Designation of the Newport Airport Village project located 4341,
4361, and 4501 Birch Street; 4320, 4340, 4360, 4400, 4500, 4520, 4540, 4570, 4600, and
4630 Campus Drive; and 4525, 4533, and 4647 MacArthur Boulevard, from Airport Office
and Supporting Uses (AO) to Mixed -Use Horizontal 2 (MU-H2) and amend Table LU2
(Anomaly Locations) to add Anomaly No. 86 to allow for the development of 329 dwelling
units, exclusive of any permitted density bonus, and 297,572 square feet of commercial
uses. No analysis specific to the Property was included in Addendum No. 3.
Resolution No. 2024-62
Page 5 of 9
Section 5: The City Council adopted Resolution No. 2021-2 on January 26, 2021,
approving Addendum No. 4 (ER2020-003), which is attached hereto as Exhibit "G," and
incorporated herein by reference, to the PEIR to amend Planned Community Development
Plan No. 15 (Koll Center Newport Planned Community) for the creation of a residential
overlay zone and a park overlay zone to allow for residential use and a public park within
the Koll Center Newport Professional and Business Office Site B, including a major site
development review, traffic study, lot line adjustment, affordable housing implementation
plan, and development agreement for the Residences at 4400 Von Karman Project. No
analysis specific to the Property was included in Addendum No. 4.
Section 6: The City Council adopted Resolution No. 2022-19 on March 22, 2022,
approving Addendum No. 5 (ER2022-001), which is attached hereto as Exhibit "H," and
incorporated herein by reference, to the PEIR to approve the Residences at 1300 Bristol
Street Project. No analysis specific to the Property was included in Addendum No. 5.
Section 7: The Planning Commission approved Resolution No. PC2022-011 on
May 12, 2022, approving Addendum No. 6 (ER2022-002), which is attached hereto as
Exhibit "I," and incorporated herein by reference, to the PEIR to approve the Ritz Carlton
Residences Project. No analysis specific to the Property was included in Addendum No. 6.
Section 8: The City Council approved Resolution No. 2024-22 on April 9, 2024,
approving Addendum No. 7 (PA2022-0296) which is attached hereto as Exhibit "J," and
incorporated herein by reference, to the PEIR to approve the Residences at 1400 Bristol
Project. No analysis specific to the Property was included in Addendum No. 7.
Section 9: The City Council approved Resolution No. 2024-25 on April 9, 2024,
approving Addendum No. 8 (PA2022-0040), which is attached hereto as Exhibit "K," and
incorporated herein by reference, to the PEIR for the consideration of the Residences at
1401 Quail Street Project. No analysis specific to the Property was included in Addendum
No. 8.
Resolution No. 2024-62
Page 6 of 9
Section 10: Pursuant to Section 21166 of the California Public Resources Code
and Section 15162 of the CEQA Guidelines, when an EIR has been certified for a project,
no subsequent EIR is required unless the lead agency determines, on the basis of
substantial evidence in the light of the whole record, one or more of the following:
a. Substantial changes are proposed in the Project which will require major
revisions of the previous EIR due to the involvement of new significant
environmental effects or a substantial increase in the severity of previously
identified significant effects;
b. Substantial changes occur with respect to the circumstances under which the
Project is undertaken which will require major revisions of the previous EIR due
to the involvement of new significant environmental effects or a substantial
increase in the severity of previously identified significant effects; or
c. New information of substantial importance, which was not known and could not
have been known with the exercise of reasonable diligence at the time the
previous EIR was certified as complete, shows any of the following:
i. The project will have one or more significant effects not discussed in the
previous EIR;
ii. Significant effects previously examined will be substantially more severe
than shown in the previous EIR;
iii. Mitigation measures or alternatives previously found not to be feasible
would in fact be feasible and would substantially reduce one or more
significant effects of the Project, but the Project proponents decline to
adopt the mitigation measure or alternative; or
iv. Mitigation measures or alternatives which are considerably different from
those analyzed in the previous EIR would substantially reduce one or more
significant effects on the environment, but the Project proponents decline
to adopt the mitigation measure or alternative.
Section 11: Addendum No. 9 to PEIR was prepared pursuant to Sections 15162
(Subsequent EIRs and Negative Declarations) and 15164 (Addendum to an EIR or
Negative Declaration) of the CEQA Guidelines.
Resolution No. 2024-62
Page 7of9
Section 12: The following environmental topics were analyzed for the Project:
Aesthetics, Air Quality, Biological Resources, Cultural Resources, Energy, Geology and
Soils, Greenhouse Gas Emissions, Hazards and Hazardous Materials, Hydrology and
Water Quality, Land Use and Planning, Mineral Resources, Noise, Population and
Housing, Public Services, Recreation, Transportation, Tribal Cultural Resources, Utilities
and Service Systems, and Wildfire. The Addendum includes analysis of new topics that
were not included in the previous EIRs; specifically, it includes a new Energy, Wildfire,
and Tribal Cultural Resources section. These additional analyses are appropriate for
inclusion in Addendum No. 9, but none result in new or increased significant impacts that
would require preparation of a subsequent EIR pursuant to Section 15162 of the CEQA
Guidelines.
Section 13: On the basis of the PEIR and entire environmental review record,
including Addenda Nos. 1-9, the Project (inclusive of recommended conditions of
approval) will not result in any new significant impacts that were not previously analyzed
in the PEIR, Addenda Nos. 1, 2, 3, 4, 5, 6, 7, and 8 to the PEIR. Addendum No. 9, which
is attached hereto as Exhibit "L," and incorporated by reference including Addenda Nos.
1-8, confirms and provides substantial evidence that the potential impacts associated with
this Project would either be the same or less than those described in the PEIR, and/or
Addenda Nos. 1, 2, 3, 4, 5, 6, 7, and 8 to the PEIR. In addition, there are no substantial
changes to the circumstances under which the Project would be undertaken that would
result in new or more severe environmental impacts than previously addressed in the
PEIR, and/or Addenda Nos. 1, 2, 3, 4, 5, 6, 7 and 8 to the PEIR, nor has any new
information regarding the potential for new or more severe significant environmental
impacts been identified. Therefore, in accordance with Section 15164 of the CEQA
Guidelines, an addendum to the previously adopted PEIR, including Addenda Nos. 1, 2,
3, 4, 5, 6, 7, and 8 to the PEIR is the appropriate environmental document for the Project.
In taking action to approve any of the requested applications for the Project, the data
presented in the PEIR, Addenda Nos. 1, 2, 3, 4, 5, 6, 7, and 8 to the PEIR as augmented
by Addendum No. 9 for this Project, are considered part of the record.
Section 14: Addendum No. 9 which is attached hereto as Exhibit "L" is hereby
adopted by the City Council. Addendum No. 9 and related and referenced documentation,
including, but not limited to Exhibits "B" through X" constitute the administrative record upon
which this decision was based, are on file with the Planning Division, City Hall, 100 Civic
Center Drive, Newport Beach, California.
Resolution No. 2024-62
Page 8of9
Section 15: The City Council finds that judicial challenges to the City's CEQA
determinations and approvals of land use projects are costly and time-consuming. In
addition, project opponents often seek an award of attorneys' fees in such challenges. As
project applicants are the primary beneficiaries of such approvals, it is appropriate that
such applicants should bear the expense of defending against any such judicial
challenge, and bear the responsibility for any costs, attorneys' fees, and damages that
may be awarded to a successful challenger.
Section 16: The recitals provided in this resolution are true and correct and are
incorporated into the operative part of this resolution.
Section 17: If any section, subsection, sentence, clause or phrase of this
resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not
affect the validity or constitutionality of the remaining portions of this resolution. The City
Council hereby declares that it would have passed this resolution, and each section,
subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses or phrases be declared invalid or
unconstitutional.
Resolution No. 2024-62
Page 9 of 9
Section 18: 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 27th day of August, 2024.
Will O'Neill
Mayor
ATTEST:
�Ew NpR
10
Leilani I. Brown.'
City Clerk
APPROV
ED AS TO FORM:
CITY ATTORNEY'S OFFI E
C,
.tee ----
A ton C. Harp
City Attorney
Attachments: Exhibit A - Legal Description
Exhibit B - 2006 General Plan Update EIR
Exhibit C - 2008-2014 City of Newport Beach Housing Element
Update Initial Study/ Negative Declaration
Exhibit D - Addendum No. 1 (North Newport Center)
Exhibit E - Addendum No. 2 (North Newport Center Planned
Community Amendment)
Exhibit F - Addendum No. 3 (Newport Airport Village - ER2020-002)
Exhibit G - Addendum No. 4 (Residences at 4400 Von Karman -
ER2020-003)
Exhibit H - Addendum No. 5 (Residences at 1300 Bristol -
ER2022-001)
Exhibit I - Addendum No. 6 (Ritz Carlton Residences - PA2021-296)
Exhibit J - Addendum No. 7 (Residences at 1400 Bristol Street -
PA2022-0296)
Exhibit K - Addendum No. 8 (Residences at 1401 Quail Street -
PA2023-0040)
Exhibit L - Addendum No. 9 (Residences at 1600 Dove Street -
PA2022-0297)
Exhibit "A"
Legal Description
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF
NEWPORT BEACH, IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, AND IS
DESCRIBED AS FOLLOWS:
LOT 3 OF TRACT NO. 7770, IN THE CITY OF NEWPORT BEACH, COUNTY OF
ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 299, PAGES
15 AND 16 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF ORANGE COUNTY, CALIFORNIA.
EXCEPTING THEREFROM THE FULL RIGHTS AND ALL MINERALS, PETROLEUM,
GAS AND OTHER HYDROCARBON SUBSTANCES EXISTING BELOW 500 FEET
FROM THE SURFACE OF SAID REAL PROPERTY DESCRIBED ABOVE; PROVIDED,
HOWEVER, THAT GRANTOR HEREBY EXPRESSLY WAIVES THE RIGHT TO ENTER
UPON THE SURFACE OF SAID REAL PROPERTY OR THE PURPOSE OF
EXPLORING FOR, OR PRODUCING THE MINERALS, PETROLEUM, GAS AND
OTHER HYDROCARBON SUBSTANCES AS RESERVED BY DEED RECORDED IN
BOOK 10328, PAGE 506 OF OFFICIAL RECORDS.
Exhibit "B"
2006 General Plan Update EIR
Available separately due to bulk at:
https://www.newportbeachca.gov/qovernment/departments/community-
development/planning-division/general-plan-codes-and-regulations/general-
plan/general-plan-environmental-impact-repor
Exhibit "C"
2008-2014 City of Newport Beach Housing Element Update Initial Study/Negative
Declaration
Available separately due to bulk at:
https://www.newportbeachca.gov/government/departments/community-
development/planning-division/projects-environmental-document-download-
page/environmental-document-download-page-arch
Exhibit "D"
Addendum No. 1 (North Newport Center)
Available separately due to bulk at:
https://www.newportbeachca.gov/qovernment/departments/community-
development/planning-division/general-plan-codes-and-regulations/general-
plan/general-plan-environmental-impact-repor
Exhibit "E"
Addendum No. 2 (North Newport Center Planned Community Amendment)
Available separately due to bulk at:
https://www.newportbeachca.gov/qovernment/departments/community-
development/planning-division/general-plan-codes-and-regulations/general-
plan/general-plan-environmental-impact-repor
Exhibit "F"
Addendum No. 3 (Newport Airport Village — ER2020-002)
Available separately due to bulk at:
https://www.newportbeachca.gov/government/departments/communitV-
development/planning-division/general-plan-codes-and-regulations/general-
plan/general-plan-environmental-impact-repor
Exhibit "G"
Addendum No. 4 (Residences at 4400 Von Karman - ER2020-003)
Available separately due to bulk at:
https://www.newportbeachca.gov/government/departments/community-
development/planning-division/general-plan-codes-and-regulations/general-
plan/general-plan-environmental-impact-repor
Exhibit "H"
Addendum No. 5 (Residences at 1300 Bristol - ER2022-001)
Available separately due to bulk at:
https://www.newportbeachca.gov/qovernment/departments/community-
development/planning-division/general-plan-codes-and-regulations/general-
plan/general-plan-environmental-impact-repor
Exhibit "I"
Addendum No. 6 (Ritz Carlton Residences — PA2021-296)
Available separately due to bulk at:
https://www.newportbeachca.gov/government/departments/communitV-
development/planning-division/general-plan-codes-and-regulations/general-
plan/general-plan-environmental-impact-repor
Exhibit "J"
Addendum No. 7 (Residences at 1400 Bristol Street — PA2022-0296)
Available separately due to bulk at:
https://www newportbeachca.gov/government/departments/community-
development/planning-division/projects-environmental-document-download-
page/environmental-document-download-page
Exhibit "K"
Addendum No. 8 (Residences at 1401 Quail Street — PA2023-0040)
Available separately due to bulk at:
https://www.newportbeachca.gov/qovernment/departments/community-
development/planning-division/projects-environmental-document-download-
page/environmental-document-download-page
Exhibit "L"
Addendum No. 9 (Residences at 1600 Dove Street — PA2022-0297)
Available separately due to bulk at:
https://www.newportbeachca.gov/qovernment/departments/community-
development/planning-division/projects-environmental-document-download-
page/environmental-document-download-page
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the
whole number of members of the City Council is seven; the foregoing resolution, being Resolution
No. 2024-62 was duly introduced before and adopted by the City Council of said City at a regular meeting
of said Council held on the 27th day of August, 2024; and the same was so passed and adopted by the
following vote, to wit:
AYES: Councilmember Brad Avery, Councilmember Noah Blom, Councilmember
Robyn Grant, Councilmember Lauren Kleiman, Councilmember Erik Weigand
NAYS: None
RECUSED: Mayor Will O'Neill, Mayor Pro Tern Joe Stapleton
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said
City this 28th day of August, 2024.
Leilani I. Brown I
City Clerk
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