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Home My WebLink About3.0 - General Plan Land Use Amendment - PA2013-098CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT June 5, 2014 Agenda Item 3 SUBJECT: General Plan Land Use Element Amendment - (PA2013 -098) Citywide Project • General Plan Amendment No. GP2013 -001 • Environmental Impact Report ER2014 -002 APPLICANT: City of Newport Beach PLANNER: Brenda Wisneski, Deputy Community Development Director 949 - 644 -3297, bisneski@newportbeachca.gov Gregg Ramirez, Senior Planner 949 - 644 -3219, gramirez @newportbeachca.gov PROJECT SUMMARY The project is an amendment to the City of Newport Beach General Plan Land Use Element, Glossary and Implementation Program (Amendment). The Amendment is intended to shape future development within the City and involves the alteration, intensification, and redistribution of land uses in certain subareas of the City, including major areas such as Newport Center /Fashion Island, Newport Coast, and the area near John Wayne Airport. The Amendment will also include Land Use Element Policy revisions related to land use changes, in support of recent Neighborhood Revitalization efforts and other updates /refinements. Subsequent amendments the Newport Beach Coastal Land Use Plan (LUP), and Zoning Code and Map will be necessary to reflect the amendment to the General Plan. RECOMMENDATION 1) Conduct a public hearing; 2) Adopt the attached resolution recommending City Council certify Supplemental Environmental Impact Report No. ER2014 -002 and approve General Plan Amendment No. GP2013 -001 to amend the Land Use Element (Attachment PC 1). Since adoption of the 2006 General Plan and 2010 Zoning Code, a need has become apparent to amend the Land Use Element to adjust the development potential in certain statistical areas of the City to reflect what will not be developed, as well as to create additional development opportunities in areas where there is interest and need. The City has been approached by various property owners regarding the limitations of the Land Use Element, and staff recognized that certain areas may benefit from reallocation 1 INTENTIONALLY BLANK PAGE General Plan Land Use Element Amendment Planning Commission, June 5, 2013 Page 2 of un -built building intensity and /or residential units from other areas within the community. The proposed citywide Land Use Element Amendment was initiated by the City Council on May 28, 2013. The project has pursued assuming that the cumulative scope of these development intensity and residential unit adjustments will require consideration by the voters, per City Charter Section 423. Land Use Element Amendment Advisory Committee In May 2013, the Land Use Element Amendment Advisory Committee (Committee) was formed by the City Council to guide the Land Use Element Amendment. The Committee consisted of two Councilpersons (Nancy Garner and Ed Selich), two Planning Commissioners (Kory Kramer and Larry Tucker) and five at -large residents (Craig Batley, Michael Melby, Patricia Moore, Jim Walker and Paul Watkins). The Committee reviewed the proposed land use changes, new and revised policies and revisions to the Glossary and Implementation Program at 13 publicly noticed meetings. Each meeting included opportunity for public comment on the issues discussed by the Committee. The results of their discussions and were presented to the Planning Commission at the May 8, 2014, and May 22, 2014, Study Sessions. Public Outreach In addition to the public meetings held by the Committee, staff met with the following community groups to introduce the proposed Amendment, respond to questions, and highlight opportunities for public input. The groups included: • Big Canyon Homeowners Association • Corona Del Mar Residents Association • Newport Beach Chamber of Commerce • Speak Up Newport • SPON (Stop Polluting Our Newport) Additionally, two well attended public information meetings were held in the Civic Center Community Room. The first, on September 9, 2014, introduced the amendment process. The second public meeting was conducted on April 10, 2014, and reviewed the proposed project and findings of the draft Supplemental Environmental Impact Report (draft SEIR). City Council and Planning Commission Study Sessions The City Council and Planning Commission both held study sessions in September of 2013 to stay apprised of the scope of the project, in particular the land use designation and allocation changes. The land use changes discussed at those study sessions were only slightly different than the project studied in the draft SEIR. 3 General Plan Land Use Element Amendment Planning Commission, June 5, 2013 Page 3 More recently, the Planning Commission held study sessions on May 8, 2014, and May 22, 2014. Proposed land use changes, policy changes and the draft SEIR were main topics. The study sessions provided the public the opportunity learn about and comment on the proposed amendments. The proposed the Land Use Element Amendment consists of changes to: 1) land use designation; 2) land use capacity; 3) policies and related text; 4) Glossary; and 5) Implementation Program. Land Use Changes There are three land use changes which reflect the existing development and use of each property. In essence, the land use changes resolve existing nonconformities. For the specific locations of these land use changes, refer to Exhibit D of Attachment PC 1. Table 1 Land Use Changes Location Existing Proposed Designation Existing Remaining Designation Plan Capacity Use /Development 1526 Placentia Ave Multi -Unit General Commercial Convenience Market (King's Liquor) Residential (CG) Newport Coast 141,787 sq ft. RM - 37,875 sq ft. 200 sq ft. 813 East Balboa Blvd. (Legere Two -Unit Mixed -Use Vertical Day Spa Property) Residential (MU -V) RT Gateway Park (Newport Blvd. and Corridor Park and Recreation Small City Park Short Street) Commercial (PR) CC Reduced Future Development Capacity The proposed project includes several amendments that would not change the land use designation but, would reduce the development capacity. Most notable are the reduction of hotel rooms in Newport Coast, dwelling units in Newport Ridge and floor area at Westcliff Plaza and Newport Coast Center. For additional details, refer to the map and Anomaly Table (Table LU2) revisions in Exhibit D of the Draft PC Resolution (Attachment PC 1). Table 2 Reduced Future Development Capacity Location Current General Existing Proposed Reduction Remaining Plan Capacity Development Capacity Westcliff Plaza 138,500 sq ft. 112,986 sq ft. - 15,514 sq ft. 10,000 sq ft. Newport Coast 141,787 sq ft. 103,712 sq ft. - 37,875 sq ft. 200 sq ft. Center 4 General Plan Land Use Element Amendment Planning Commission, June 5, 2013 Page 4 Location Current General Existing Proposed Reduction Remaining Plan Capacity Development Increase or Capacity Newport Coast 2,150 Rooms 1,104 Rooms -1,011 Rooms 45 Rooms Hotel Various (No Change) Various - Multiple Regional Various - Multiple Ba side Center 66,000 sq ft. 65,284 sq ft. -366 sq ft. 350 sq ft. Harbor View 74,000 sq ft. 71,993 sq ft. -1,857 sq ft. 150 sq ft. Center Commercial The Bluffs 54,000 sq ft. 50,312 sq ft. -3,538 sq ft. 150 sq ft. Newport Ridge 2,550 dwelling 2,187 dwelling -356 dwelling units Zero units units Units Increased Future Development Capacity The proposed project includes several amendments that would increase the allowed capacity. Most notable are increase in Newport Center /Fashion Island and the Airport Area. Some proposed amendments include both designation changes and development capacity increases while others are only increases in development. Table 3 summarizes the proposed amendments. Table 3 Increased Future Development Capacity Location Designation Current General Proposed Proposed Plan Capacity Increase or Capacity Change Newport Various (No Change) Various - Multiple Regional Various - Multiple Center /Fashion Properties Office +500,000 sq Properties Island ft.; Regional Commercial +50,000 sq ft. Multi - Family +500 Units 150 Newport Regional 8,500 sq ft. 125 Hotel Rooms 125 Hotel Rooms Center Drive Commercial Office (CO -R) to Mixed Use Horizontal (MU -H3) 100 Newport 100 Newport Center 17,500 sq ft. +15,000 sq ft. 32,500 sq ft. Center Drive Drive Mixed Use Mixed Use Horizontal (MU -113) Commercial Harbor Day Private Institution .35 FAR (99,708 +14,244 sq ft. .40 FAR (113,952 School (PI) sq ft.) sq ft.) Airport Area Saunders Airport Office and 306,923 sq ft. Office +238,077 sq Office Properties Supporting Uses ft. and 545,000 SF and (A O) to Mixed Use Residential +329 Residential Horizontal (MU -H2) units 329 DUs W General Plan Land Use Element Amendment Planning Commission, June 5, 2013 Page 5 Location Designation Current General Proposed Proposed Plan Capacity Increase or Capacity Change The Hangars General Commercial Office 288,264 sq Retail 278,264 SF Office Office (CO -G) ft. +11,800 sq ft. and 11,800 SF Office Retail - 10,000 sq ft. Lyon Mixed Use 250,176 sq ft. Retail Retail: Communities Horizontal (MU -H2) Office +85,000 sq ft. 85,000 sq ft. Residential Residential +850 replacement +850 units units Hotel Hotel + 150 Rooms +150 Rooms Office - 250,176 sq ft. UAP Companies Mixed Use 46,044 sq ft. Office Mixed Use: 46,044 Mixed Use: 46,044 4699 Jamboree Horizontal (MU -H2) sq ft. or sq ft. or and 5190 Congregate Care: Congregate Care: Campus 148,000 sq ft. 148,000 sq ft. (trip neutral "The locations in italics are part of the Airport Area and not included in staffs recommendation. New and Revised Policies The proposed Land Use Element Amendment includes policy changes in three general categories: • City policy and regulatory documents adopted since 2006 • Legislative changes since 2006 • Best practices — Healthy Communities The policy additions or revisions can be found in the sub -area portions of the Land Use Element and are shown in underline /strikeout. (Attachment PC 1, Exhibit C) City Policy and Regulatory Documents Adopted Since 2006 The policy amendments in this category reflect the work of the Citizen Advisory Panels (CAPs) over the last several years. CAPS were created for several areas in the City including Balboa Village, Lido Village, West Newport, and Corona Del Mar. Policy changes reflect a variety of plans and guidelines that address architecture, streetscapes, parking, preferred uses, and other issues specific to each area. Examples of work products include the Lido Village Design Guidelines and the Balboa Village Master Plan. 0 General Plan Land Use Element Amendment Planning Commission, June 5, 2013 Page 6 Legislative Changes Since 2006 The policy amendments in this category are primarily related to climate change legislation. The new policies have been written to comply with these state requirements and to reflect existing City codes and policies related to water quality, energy conservation and green building codes. Notable legislation includes the Global Warming Solutions Act of 2006 (Assembly Bill 32) and the Sustainable Communities Act (Senate Bill 375). The policy additions can be found under Goal 4 in the proposed Land Use Element and are shown in underline /strikeout. Reflect Best Practices — Healthy Communities The proposed amendments also include polices that address issues related to sustainability and healthy communities. Although some are new for the General Plan, the concepts are not new to the City. The new policies, which are located under Goals 1 and 2 in the Land Use Element promote and encourage programs and uses that contribute to the health of the community. These policies are consistent with many existing programs such as the City's Healthy Eating Active Living (HEAL), support of the Corona del Mar Farmers' Market and City Council adopted Energy Action Plan. Glossary and Implementation Program Revisions to the Glossary and Implementation Program were made, as necessary, to ensure consistency with the Amendment. A comprehensive update was not made of these sections. Glossary changes were primarily necessary because of the new sustainability policies. New terms include Climate Action Plan, Climate Change, Greenhouse Gas Emissions (GHG), Greenhouse Gas Emission (GHG) Reduction, Infill, LEED Certified and Sustainability. Glossary and Implementation Program changes are located in Attachment No PC 1, Exhibit E. As a result of new policies, the Implementation Program has been revised to include: • Prepare a Climate Action Plan • Administer the Energy Action Plan • Maintain and Implement Energy Management Plans and Encourage Conservation Environmental Review A Draft SEIR has been prepared to evaluate the environmental impacts resulting from the Amendment, in accordance with the California Environmental Quality Act of 1970 (CEQA), as amended (Public Resources Code Section 21000 et seq.), and the State CEQA Guidelines for Implementation of CEQA (California Code of Regulations, Title 14, Section 15000 et seq.). W General Plan Land Use Element Amendment Planning Commission, June 5, 2013 Page 7 The Draft SEIR was released for public review and comment on March 17, 2014. The 45 -day public review period ended on April 30, 2014. During that period the City received 31 comment letters from governmental agencies, organizations, and individuals. In accordance with State CEQA Guidelines, the City has evaluated all substantive comments received on the Draft SEIR, and has prepared written responses to those comments. The Final SEIR, consists of the Draft SEIR, public comments, responses to comments, Mitigation Monitoring and Report Program, and revisions to the Draft SEIR, is attached as Attachment PC 1. Exhibit A. On the basis of the entire environmental review record, the proposed project will have a less than significant impact upon the environment with the incorporation of mitigation measures through the implementation of Mitigation, Monitoring and Reporting Program, with the exception of the following significant and unavoidable impacts: • Greenhouse Gas Emissions — Long term GHG reductions goals are not achievable without additional statewide measures and advancement in technology. However, per capita GHG emissions would be reduced in comparison to 2006 General Plan. • Noise and Vibration — Construction impacts would result in short term /temporary vibration impacts. No feasible mitigation available to eliminate potential vibration impacts at the program level analysis. • Population and Housing — Buildout of the General Plan with the proposed amendments would result in a population increase that exceeds the 2035 SCAG projections. However, SCAG projections are based on data provided by the City. Should the amendment be adopted, the City will update SCAG during future collaborative projects. • Transportation and Traffic — Project trip generation would worsen operations at freeway mainlines and ramps operating at unacceptable levels of service. Project traffic with increased traffic from Airport Settlement Agreement could impact intersection levels of service. At the time of preparing the draft SEIR, the EIR analysis of the JWA Airport Settlement Agreement was not available for public review. The Notice of Preparation for the JWA Settlement Agreement EIR was released in October 1, 2013. However, numerous assumptions would be required to conduct a cumulative traffic analysis based on the NOP project description. Because of the uncertainty of the traffic related to the JWA Settlement Agreement, the cumulative environmental effects were considered significant and unavoidable. For a more complete discussion of these impacts, please refer to Chapter 6 of the Draft SEIR. If the Planning Commission chooses to support the project, they will need to N General Plan Land Use Element Amendment Planning Commission, June 5, 2013 Page 8 decide whether the benefits of the proposed project outweigh the identified significant environmental impacts. If the Planning Commission believes the overriding considerations, including project benefits, outweigh these unavoidable impacts, the Planning Commission may make a recommendation to the City Council to adopt the Statement of Overriding Considerations (Attachment PC 1 Exhibit B). Charter Section 423 (Measure S) Analysis City Council Policy A -18 requires that all proposed General Plan Amendments be reviewed to determine if the amendment generates 100 AM or 100 PM additional peak hour trips, results in an increase of 40,000 square foot of nonresidential uses, or 100 additional dwelling units. General Plan Amendments which exceed any one of these thresholds are required to be submitted to the electorate for approval. Because this amendment is a citywide project affecting multiple Statistical Areas, the following summary is cumulative and includes all the proposed changes in development allocations. The analysis also includes 80 percent of the cumulative total of all amendments approved after adoption of the 2006 General Plan, pursuant to Council Policy A -18. For the complete 423 analysis that includes calculations for each land use amendment, please refer to Attachment PC 2. Table 4 423 Analysis As indicated, the proposed amendment exceeds three of the thresholds. Therefore, as proposed, Section 423 of the City Charter requires that this amendment be submitted to the electorate for approval. Airport land Use Commission Airport Land Use Commission Consistency Determination California Public Utilities Code Section 21676(b) and John Wayne Airport Environs Land Use Plan (AELUP) Section 4.11 require the City to refer proposed Land Use Element Amendments to the Airport Land Use Commission (ALUC) for consistency determination with the AELUP. 0 Residential Non - Residential A.M. Peak P.M. Peak Units Floor Area 1 Hour Trips Hour Trips Proposed +1,317 - 32,660 sq ft. 1,431 2,062 Amendment Prior Amendments -73 +178,980 sq ft. 426 551 80% Differential +1,244 +146,320 sq ft. +1,857 +2,613 1 Square feet SF includes hotel rooms. One hotel room is equivalent to 1,000 SF, per Policy A -18. As indicated, the proposed amendment exceeds three of the thresholds. Therefore, as proposed, Section 423 of the City Charter requires that this amendment be submitted to the electorate for approval. Airport land Use Commission Airport Land Use Commission Consistency Determination California Public Utilities Code Section 21676(b) and John Wayne Airport Environs Land Use Plan (AELUP) Section 4.11 require the City to refer proposed Land Use Element Amendments to the Airport Land Use Commission (ALUC) for consistency determination with the AELUP. 0 General Plan Land Use Element Amendment Planning Commission, June 5, 2013 Page 9 On April 17, 2014, the ALUC held a public hearing and found the proposed amendments to be inconsistent with the AELUP for John Wayne Airport and the AELUP for Helicopters on a 3 -2 vote. The determination letter provided by ALUC indicates that the primary concerns were with the addition of residential units in the Airport Area and specifically listed the following reasons: • Aircraft noise impacts in the area. • Significant overflight of General Aviation (GA) aircraft — the area is right under the GA flight path. • The Location of one property (Saunders), apportion which is within two safety zones (one of these safety zones limits residential uses to very low density (Safety Zone 3). As a final review authority on legislative acts, the City Council may, after a public hearing, choose to overrule the ALUC's decision by following the procedure established in Public Utilities Code Sections 21676 and 2176.5. This two -step procedure requires the City Council to conduct two separate noticed public meetings. The initial step is to notify ALUC and State Division of Aeronautics of the City's intention to override the ALUC's determination by adopting a resolution of intent at least 45 days in advance of the overruling; and the second meeting is to make specific findings that the proposed overruling is consistent with the purposes stated in Public Utilities Code Section 21670. On May 13 2014, the City Council completed the first step to override ALUC's determination by adopting a resolution of intent to override the ALUC's decision by a 7 -0 vote. City staff subsequently notified ALUC and the State Division of Aeronautics of the City's intent. The Council's adoption of the notification resolution does not constitute the project's approval nor does it predispose the City's future action on the project. SB18 Tribal Consultation Guidelines Pursuant to Section 65352.3 of the California Government Code, a local government is required to contact the appropriate tribes identified by the Native American Heritage Commission (NAHC) each time it considers a proposal to adopt or amend the General Plan. If requested by any tribe, the local government must consult for the purpose of preserving or mitigating impacts to cultural resources. The City received comments from the NAHC indicating that nine tribe contacts should be provided notice regarding the proposed project. The appropriate tribe contacts supplied by the NAHC were provided notice via e-mail and US Certified Mail and e-mail on December 5, 2013, and December 6, 2013 respectively. Section 65352.3 of the California Government Code requires 90 days to allow tribe contacts to respond to the request to consult unless the tribe contacts mutually agree to a shorter time period. To date, the City received two responses requesting that measures be taken and qualified individuals be on -site during ground disturbances and grading. These requests are consistent with CEQA requirements and City Council Policy K -5 - Archaeological Guidelines. 10 General Plan Land Use Element Amendment Planning Commission, June 5, 2013 Page 10 Public Notice Government Code Section 65091 provides that, when the number of property owners to who notice would be required to be mailed is greater than 1,000 (which is the case with the proposed Land Use Element Amendment), notice may be provided by placing a one - eighth page advertisement in the local newspaper. Notice of the Planning Commission hearing was a one eighth page display add in the May 24, 2014, Daily Pilot. Additionally, notices were mailed to over 1,500 affected property owners which included property owners, as well as property owners within 300 feet, of properties designated for amendment, as well as HOA's and interested parties and notice was provided to subscribers to the City's Select Alert/Newsplash System. The mailing and notifications occurred at a minimum 10 days in advance of the meeting, consistent with the provisions of the Municipal Code. The environmental assessment process has also been noticed consistent with the California Environmental Quality Act. Additionally, the item appeared on the agenda for this meeting, which was posted at City Hall and on the City website. Recommended Land Use Amendment — The No Airport Area Project Alternative The draft SEIR analyzed an alternative project identified as the No Airport Area Land Use Changes Alternative (Draft SEIR Volume 1, Section 7 -3.) This alternative eliminates the Saunders Properties, The Hangars, Lyon Communities and UAP Companies amendments from the project. As explained in the Draft SEIR, the alternative scenario was selected for study because of its potential to reduce impacts related to John Wayne Airport, the potential to reduce traffic impacts and cumulative and unknown impacts related to the pending Airport Settlement Agreement. In summary, the Draft SEIR concluded that the No Airport Area Project Alternative: • Is the Environmentally Superior Alternative • Lessens impacts for all environmental impacts including significant impacts (GHG, construction vibration, traffic and population) • Meets most project objectives • Would not eliminate any significant unavoidable impacts under the proposed project In addition to the Draft SEIR findings, staff evaluated the land use and planning issues related to the proposed Airport Area amendments. After analyzing the proposals and related issues, the Airport Area alternative is recommended based on the following: • Reduces environmental impacts and is less intense • The unknown outcome of the pending Airport Settlement Agreement 11 General Plan Land Use Element Amendment Planning Commission, June 5, 2013 Page 11 • ALUC's determination of inconsistency with the AELUP was largely due to the Airport Area Amendments • The complexity of the issues in the Airport Area warrants an individual planning effort Optional Recommendations The Planning Commission has a great degree of latitude when making its recommendation to the City Council. The Draft SEIR analysis included all the proposed land use amendments so it is essentially a "worst case" analysis of the potential environmental impacts. Therefore, the Commission could include all, none, or some combination of the proposed land use amendments and the project would still conform with CEQA. The impacts would be no greater than those analyzed and would likely be reduced by some degree if any of the proposed amendments were removed for the project. Furthermore, the Planning Commission is not bound to the considering projects in the airport area as a whole. Should the Commission determine that one or more of the Airport Area project be included in its recommendation, that recommendation would be covered by the SEIR analysis and including that project would be in compliance with CEQA. Prepared by: Prepared by: -Zl�z�" Gregg R irez n a WisnesP i, ICP, Deputy Director Senior Planner ATTACHMENTS PC 1 Draft Resolution Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Draft Supplemental Environmental Impact Report (under separate cover) Draft SEIR Appendices A through I (under separate cover) Final SEIR (under separate cover) a. Introduction to Final SEIR b. Response to Comments c. Corrections and Additions to the Draft SEIR Mitigation Monitoring and Reporting Program Findings and Facts in Support of Findings and Statement of Overriding Consideration Amended Land Use Policies Anomaly Table (LU2) and Affected Maps Glossary and Implementation Program Revisions 12 PC 2 Charter Section 423 Analysis General Plan Land Use Element Amendment Planning Commission, June 5, 2013 Page 12 13 INTENTIONALLY BLANK PAGE 14 Attachment No. PC 1 Draft Resolution, including: Exhibit A Draft Supplemental Environmental Impact Report (under separate cover) Draft SEIR Appendices A through I (under separate cover) Final SEIR (under separate cover) a. Introduction to Final SEIR b. Response to Comments c. Corrections and Additions to the Draft SEIR Mitigation Monitoring and Reporting Program Exhibit B Findings and Facts in Support of Findings and Statement of Overriding Consideration Exhibit C Amended Land Use Policies Exhibit D Anomaly Table (LU2) and Affected Maps Exhibit E Glossary and Implementation Program Revisions 15 INTENTIONALLY BLANK PAGE 10 RESOLUTION NO. XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH RECOMMENDING CERTIFICATION OF FINAL SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT NO. ER2014 -002 AND APPROVAL OF GENERAL PLAN AMENDMENT NO. GP2013 -001 TO AMEND THE LAND USE ELEMENT (PA2013 -098) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. On May 28, 2013, the Newport Beach City Council initiated an amendment to the 2006 General Plan Land Use Element to review its effectiveness in achieving the community's vision, and to update it to reflect legislative changes, emerging best practices, and changing economic markets (Amendment). 2. On May 28, 2013, the Land Use Element Amendment Advisory Committee (Committee), comprised of two council members, two planning commissioners, and five at -large members, was appointed by the Newport Beach City Council to receive public input, consider options, and develop the amendment in order for the Amendment to be reviewed pursuant to the California Environmental Quality Act Public Resources Code Section 21000, et seq. (CEQA). 3. The Amendment (Project) considered by the Committee and evaluated in the draft Supplemental Environmental Impact Report (SEIR) includes land use changes, policy revisions and related changes to the glossary and Implementation Plan. 4. City Council Policy A -18 requires that proposed Amendment be reviewed to determine if a vote of the electorate would be required. If a project (separately or cumulatively with other projects over a 10 -year span) exceeds any one of the following thresholds, a vote of the electorate is required: if the project generates more than 100 peak hour trips (AM or PM); adds 40,000 square feet of non - residential floor area; or, adds more than 100 dwelling units in a statistical area. 5. The proposed Amendment, which are detailed in Exhibit D, exceed the thresholds that require a vote pursuant to Charter Section 423. 6. Pursuant to Section 65352.3 of the California Government Code, the appropriate tribe contacts identified by the Native American Heritage Commission were provided notice of the proposed General Plan Amendment on December 5, 2013. The California Government Code requires 90 days to allow tribe contacts to respond to the request to consult unless the tribe contacts mutually agree to a shorter time period. No requests were received within the 90 days. However, Mr. Andy Salas submitted comments in regards to the draft SEIR and identified his concerns and requests regarding monitoring during ground disturbing activities. No additional requests for consultation were received. 1-7 Planning Commission Resolution No. XX 7. On May 8, 2014 and May 22, 2014, the Planning Commission held study sessions in the City Hall Council Chambers, 100 Civic Center Drive, Newport Beach to review the proposed Amendment and draft SEIR. 8. A public hearing was held on June 5, 2014, in the City Hall Council Chambers, at 100 Civic Center Drive, Newport Beach, California. A notice of the time, place and purpose of the aforesaid meeting was provided in accordance with CEQA and the Newport Beach Municipal Code ( "NBMC "). The draft SEIR, draft Responses to Comments, draft Mitigation, Monitoring and Reporting Program, staff report, and evidence, both written and oral, were presented to and considered by the Planning Commission at the scheduled hearing. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. Pursuant to the CEQA, the CEQA Guidelines (14 Cal. Code of Regulations, Sections 15000 et seq.), and City Council Policy K -3, the amendment could have a significant effect on the environment, and thus warranted the preparation of a SEIR. 2. On October 22, 2013, the City, as lead agency under CEQA, prepared a Notice of Preparation ( "NOP ") of the SEIR and mailed that NOP to public agencies, organizations and persons likely to be interested in the potential impacts of the proposed Project. 3. On November 5, 2013, the City held a public scoping meeting to present the proposed Project and to solicit input from interested individuals regarding environmental issues that should be addressed in the SEIR. 4. The City thereafter caused to be prepared a Draft Supplemental Environmental Impact Report (No. ER2014 -002, SCH No. 2013101064) ( "Draft SEIR ") in compliance with CEQA, the State CEQA Guidelines and City Council Policy K -3, which, taking into account the comments it received on the NOP, described the Project and discussed the environmental impacts resulting there from. 5. The Draft SEIR was prepared in accordance with CEQA Guidelines Section 15163 as supplemental information to the 2006 General Plan Environmental Impact Report (SCH No. 2006011119) on the basis that: 1) the Project does not propose substantial changes; 2) no change in circumstances have occurred; and 3) and no new information of substantial importance has been identified which would require revisions to the 2006 General Plan EIR. 6. The Draft SEIR was circulated for a 45 -day comment period beginning on March 17, 2014, and ending April 30, 2014. 7. The Final SEIR identifies significant impacts to the environment which are unavoidable in the areas of Air Quality and Health Risks, Greenhouse Gas Emissions, Noise and Vibration, Population and Housing and Transportation/Traffic. 8. The Final SEIR, consisting of the Draft SEIR, Responses to Comments, Corrections and Additions to the Draft SEIR, and Mitigation Monitoring and Reporting Program WrA Planning Commission Resolution No. XX attached as Exhibit A, was considered by the Planning Commission in its review of the proposed Project. 9. The draft Findings of Fact and draft Statement of Overriding Considerations, provided as Attachment B, were considered by the Planning Commission and found adequate and satisfactory, and hereby recommends their adoption to the to the City Council. SECTION 3. FINDINGS. 1. Amendments to the General Plan are legislative acts. Neither the City nor State Planning Law set forth any required findings for either approval or denial of such amendments. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach determines that, based on all information, both oral and written, provided to date, that there has not been any new significant information, data, or changes to the Project which either result in the creation of a new significant environmental impact, or the need to adopt a new mitigation measure, or a substantial increase in the severity of an environmental impact, or in a finding that the draft SEIR was so fundamentally and basically inadequate and conclusory in nature that meaningful public review and comment were precluded. 2. The Planning Commission of the City of Newport Beach, including consideration of the 2006 General Plan Environmental Impact Report, hereby recommends to the City Council certification of the General Plan Land Use Element Amendment Final Supplemental Environmental Impact Report No. 2014 -002 (SCH No. 2013101064), attached hereto and incorporated herein by reference as Exhibit A, based upon the draft Findings of Fact and Statement of Overriding Consideration attached hereto as Exhibit B and incorporated herein by reference. 3. The Planning Commission of the City of Newport Beach hereby recommends to the City Council approval and adoption of General Plan Amendment No GP2013 -001 which consists of a. Land use policy amendments, attached hereto as Exhibit C and incorporated herein by reference. b. Land use and map revisions, attached hereto as Exhibit D and incorporated herein by reference. c. Glossary and Implementation Program revisions, attached hereto as Exhibit E and incorporated herein by reference. PASSED, APPROVED AND ADOPTED THIS 5T" DAY OF JUNE, 2014. 19 AYES: NOES: ABSTAIN ABSENT: BY: Bradley Hillgren, Chairman BY: Kory Kramer, Secretary Planning Commission Resolution No. XX 20 Planning Commission Resolution No. XX EXHIBIT A FINAL SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT ER2014 -002 (SCH No. 2013101064) Consists of: 1. Draft Supplemental Environmental Impact Report (SEIR) dated March 2014 (under separate cover) 2. Appendices A through I (under separate cover) 3. Final SEIR (underseparate cover) a. Introduction to Final SEIR b. Response to Comments c. Corrections and Additions to the Draft SEIR 4. Mitigation Monitoring and Reporting Program The Final Supplemental Environmental Impact Report is available for review at the Planning Division of Community Development Department or at www.newi)ortbeachca.gov/cegadocuments 21 INTENTIONALLY BLANK PAGE 22 May 2014 1 Mitigation Monitoring and Reporting Program GENERAL PLAN LAND USE ELEMENT /_\►�il4N�7►'Fi1Qh for City of Newport Beach Prepared for: City of Newport Beach Contact: Gregg Ramirez, Senior Planner 100 Civic Center Drive Newport Beach, California 92660 949.644.3219 Prepared by. Place Works Contact: JoAnn Hadfield, Principal 3 MacArthur Place, Suite 1100 Santa Ana, California 92707 714.966.9220 info @placeworks.com www.placeworks.com 0 PLACEWORKS 23 24 GP LAND USE ELEMENT AMENDMENT MITIGATION MONITORING AND REPORTING PROGRAM CITY OF NEWPORT BEACH Table of Contents Section Page MITIGATION MONITORING AND REPORTING PROGRAM.... 1.1 PURPOSE OF MITIGATION MONITORING PROGRAM 1.2 PROJECT LOCATION ..................................... ............................... 1.3 PROJECT SUNINIARY ...................................................... List of Tables Table Page Table 1 Mitigation Monitoring Requirements May 2014 Page i 25 GP LAND USE ELEMENT AMENDMENT MITIGATION MONITORING AND REPORTING PROGRAM CITY OF NEWPORT BEACH Table of Contents This j age intantronplly l0 blank Page ii PlareWorko 20 1. Mitigation Monitoring and Reporting Program 1.1 PURPOSE OF MITIGATION MONITORING PROGRAM This Mitigation Monitoring Program has been developed to provide a vehicle by which to monitor the mitigation measure outlined in the Draft Supplemental Environmental Impact Report (Draft SEIR), State Clearinghouse No. 2013101064. The Mitigation Monitoring Program has been prepared in conformance with Section 21081.6 of the Public Resources Code and the City of Newport Beach Monitoring Requirements. 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 shall specify the location and custodian of the documents or other material which constitute the record of proceedings upon which its decision is based. The State CEQA 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 General Plan Land Use Element Amendment and is therefore responsible for implementing the MMRP. The MbIRP has been drafted to meet the requirements of Public Resources Code Section 21081.6 as a fully enforceable monitoring program. The MMRP consists of the mitigation program and the measures to implement and monitor the mitigation program. The MMRP defines the following for the mitigation measure outlined in Table 1, Mitigaton Monitoring Requirements. May 2014 Page 1 27 GENERAL PLAN LAND USE ELEMENT AMENDMENT CITY OF NEWPORT BEACH Mitigation Monitoring and Reporting Program ■ Definition of Mitigation. The mitigation measure 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. ■ Responsible Party or Designated Representative. Unless otherwise indicated, the project applicant is the responsible party for implementing the mitigation, and the City of Newport Beach or a designated representative is responsible for monitoring the performance and implementation of the mitigation measures. To guarantee that the mitigation measure 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. ■ Time Frame. In each case, a time frame is provided for performance of the mitigation measure or review of evidence that mitigation has taken place. The performance points selected are designed 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 local, state, and federal agencies with permitting authority over the specific activity. The numbering system in Table 3 -1 corresponds with the numbering system used in the Draft SEIR. The last column of the MMRP table will be used by the parties responsible for documenting when implementation of the mitigation measure has been completed. The ongoing documentation and monitoring of mitigation compliance will be completed by the City of Newport Beach. The completed MMRP and supplemental documents will be kept on file at the Planning Division of the City of Newport Beach Community Development Department. 1.2 PROJECT LOCATION The City of Newport Beach is on the southwestern boundary of Orange County and bordered by Huntington Beach to the northwest, Costa Mesa to the north, Irvine to the northeast, and unincorporated areas of Orange County to the southeast. Regional access to the City is provided by Interstate 405 (1 -405) running north to south across Southern California and State Route 55 (SR -55) which also runs north to south and intersects with 1 -405, terminating in the City of Costa Mesa. State Route 73 (SR -73) runs along the northwestern boundary of the City and connects with Interstate 5 (I -5) farther south of Newport Beach in Laguna Beach. In addition, Highway 1 runs along the entire California coast and through the City of Newport Beach. 1.3 PROJECT SUMMARY The 2006 City of Newport Beach General Plan includes 10 elements: Land Use, Harbor and Bay, Housing, Historical Resources, Circulation, Recreation, Arts and Cultural, Natural Resources, Safety, and Noise. The proposed project is an amendment to the Land Use Element (LUE). The amendment is intended to shape future development in the City and involves the alteration, intensification, and redistribution of land uses in certain subareas of the City, including major areas such as Page 2 PlareWlorks GENERAL PLAN LAND USE ELEMENT AMENDMENT CITY OF NEWPORT BEACH Mitigation Monitoring and Reporting Program Newport Center /Fashion Island, Newport Coast, and the Airport Area near John Wayne Airport. The proposed land use map designation changes include increases and /or reductions in development capacity in various subareas. Specific subareas proposed for change are: ■ Airport Area The Hangars Saunders Properties • Lyon Communities • LAP Companies ■ Newport Coast Area • Newport Coast Hotel • Newport Ridge • Newport Coast Center ■ Newport Centex /Fashion Island Newport Center /Fashion Island 150 Newport Center Drive 100 Newport Center Drive • Bayside Center • The Bluffs • Gateway Park • Westcliff Plaza ■ 1526 Placentia Avenue (Kings Liquor) ■ 813 East Balboa Boulevard The General Plan Land Use Element Amendment will also include new and modified Land Use Element policies related to land use changes, in support of recent Neighborhood Revitalization efforts, and, as appropriate, updates /refinements to policies. Some of the policies apply City -wide and others are community specific. Subsequent amendments to the Newport Beach Coastal Land Use Plan (LUP), the Newport Coast Local Coastal Program (LCP), and Zoning Code and Map will be necessary to reflect the amendment to the General Plan. 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Planning Commission Resolution No. XX EXHIBIT B FINDINGS AND FACTS IN SUPPORT OF FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATION FOR THE GENERAL PLAN LAND USE ELEMENT AMENDMENT SUPPLEMENTATION ENVIRONMENTAL IMPACT REPORT (SCH No. 2013101064) To be provided at least 72 hours prior to the Meeting of the Planning Commission on June 5, 2014 SS Planning Commission Resolution No. XX EXHIBIT C AMENDED LAND USE POLICIES The amended land use policies are shown as strike -outs (deletions) and underlined (inserts). 34 NEWPORT BEACH LAND USE ELEMENT DRAFT POLICY REVISIONS RECOMMENDED BY THE LAND USE ELEMENT ADVISORY COMMITTEE & PLANNING COMMISSION For Planning Commission Consideration (Public Hearing 615114) This document presents revisions of the General Plan Land Use Element's goals and policies including: • recommendations from the Land Use Element Advisory Committee (LUEAC), • revisions submitted by Commissioner Tucker and reviewed at the May 8, 2014 Study Session; • additional changes discussed by the Planning Commission at the May 8, 2014 and May 22, 2014 Study Sessions. Deletions are shown as °'• 'its and underlines for new text. Development capacities specified in the policies are highlighted and will be revised as needed to reflect final Planning Commission recommendations. Page 11 S5 LAND USE ELEMENT Primarily a Residential Community That Balances the Needs of Residents, Businesses and Visitors, witheC�^,se ,rtiye r.Awth c +. Introduction Consistent with state law, the land use element provides guidance regarding the ultimate pattern of development for Newport Beach at build -out. As such, it is based on and correlates the policies from all elements into a set of coherent development policies, which serve as the central organizing element for the General Plan as a whole. Policies for the conservation of natural resources and protection of residents and businesses from the risks of hazards are reflected in the distribution and densities of uses. The quantity and location of uses are linked to the City's objectives for economic development, jobs generation, and fiscal balance, as well as intentions for urban from and community character. Their capacities are, in turn, correlated with the provision of adequate housing and services to meet the needs of its resident population and transportation, parking, and utility infrastructure that support residents, employees, and visitors. Implicitly, the Land Use Element serves as the final arbiter on how the City of Newport Beach shall evolve and mature over the next 20 years. Its policies are directly correlated and supported by those in all other General Plan elements. Cumulatively, the land use element's policies directly affect the establishment and maintenance of the neighborhoods, districts, corridors, and open spaces that distinguish and contribute to Newport Beach's livability, vitality, and image. Policies for the development of individual parcels are inseparable from those that address how they will fit together to create places that are valued by the City's residents —safe and attractive neighborhoods, walkable and active commercial districts, and hillsides, beaches, water, and open spaces that provide recreation and respite from an active lifestyle. As Newport Beach is almost fully developed, the land use element focuses on how population and employment growth can be accommodated and still preserve its distinguishing and valued qualities. It recognizes that most of the City will be conserved with its existing pattern of uses and establishes policies for their protection and long term maintenance. It recognizes that there are limited areas of the City that are not achieving their full potential and establishes strategies for their enhancement and revitalization. It also recognizes the evolving needs of the marketplace and considerable pressures for population growth in the region and proposes creative strategies for the re -use of land to provide opportunities for new housing that will complement and enhance Newport Beach's character and livability. These strategies are carefully considered in context of community objectives for the provision of an efficient transportation system that minimizes congestion for residents, employees, and visitors. At the same time, it recognizes the needs to balance mobility objectives with priorities of Newport Beach's residents for the character of its neighborhoods and commercial districts and corridors. Our Starting Point - Newport Beach's Existing Land Uses Newport Beach has a unique physical setting with many visual, recreational, and environmental resources that has influenced the type and form of land uses within the community. The majority of the community is fully developed with a diverse mixture of residential, institutional, commercial, industrial, and recreational and open space uses. Residential uses represent the largest portion of land uses within the City, characterized by many distinct neighborhoods. Older communities were first developed along the coast line including the Peninsula, West Newport, Page 12 so Balboa Island, and Lido Isle. This early housing is characterized by a diversity of multi - family, single - family and mixed -use housing located within proximity of commercial and visitors serving uses. As development spread further inland and proceeded north and east, the residential pattern changed, becoming more suburban in character and characterized by single - family ranch style homes on larger lots. While single - family attached and detached homes comprise the majority of housing in the community, the City contains many multi - family homes including condominiums, apartments, duplex, triplex, and fourplex units. These are located in older neighborhoods near along the beaches including West Newport, Balboa Peninsula, Balboa Island, and Corona del Mar as well as in the northern portions of the community such as Bonita Canyon Village, and Newport Center. Mobile homes are found along Coast Highway in West Newport, west of Newport Dunes and near the Newport Pier. A variety of retail uses are located throughout Newport Beach including neighborhood shopping centers, commercial strips and villages and shopping centers. The largest retail center in the City is Fashion Island, a regional attraction that is framed by a mixture of office, entertainment, and residential uses. Newport Beach also has many neighborhood shopping centers that service nearby residential neighborhoods with convenience goods. Many of the older commercial villages located along the coast and harbor include specialty shops, entertainment, and marine uses that serve nearby residents and visitors. These retail villages are located within Balboa Island, Balboa Village, Cannery Village, McFadden Square, and Corona del Mar. Much of the City's office space is located in Newport Center and the Airport Area. Newport Center is an area of both high and low -rise offices surrounding the Fashion Island retail area. The Airport Area encompasses the properties abutting and east of John Wayne Airport (JWA) and is in close proximity to the Irvine Business Complex and University of California, Irvine. This area includes a mixture of low, medium, and high rise office uses as well as research and development and high technology businesses. Industrial uses are primarily located within the West Newport Mesa area east of Banning Ranch. A variety of industrial, manufacturing, and supporting retail uses are located within this area. Research and development uses are clustered in the Airport Area. Government, educational and institutional uses include the City hall, schools, libraries, museums, and religious uses. The City has approximately 270-450 acres of developed parks. Newport Beach's parklands range in size from mini - parks such as the Lower Bay Park to the 39 -acre Bonita Canyon Sports Park. Additionally, bikeways, jogging trails, pedestrian trails, recreation trails, and regional equestrian trails are also available in Newport Beach. Numerous open space areas are located within the community, including water front areas such as beaches, Newport Bay, and Newport Harbor. There are also numerous undeveloped areas supporting natural habitats and sensitive biological resources including Banning Ranch, Irvine Coast Marine Life Refuge, Coyote Canyon, Bonita Canyon Creek Watershed, Upper Newport Bay State Marine Park (formally Ecological Reserve) and Upper Newport Bay Nature Preserve. Other resources include rhos -many undeveloped canyons and hillsides located primarily in the Newport Coast area. Goals and Policies Role and Character ( "Who We Are ") Goal LU 1 A unique, primarily residential community with diverse coastal and upland neighborhoods, which values its colorful past, high quality of life, and community bonds, and balances the needs of residents, businesses, and visitors thFaugh Page 13 S7 Policy LU 1.1 Unique Environment Maintain and enhance the beneficial and unique character of the different neighborhoods, business districts, and harbor that together identify Newport Beach. Locate and design developments to reflect Newport Beach's topography, architectural diversity, and public view sheds. (Imp 1.1 20.3) LU 1.2 Citywide Identity While recognizing the qualities that uniquely define its neighborhoods and districts, promote the identity of the entire City that differentiates it as a special place within the Southern California region. (Imp 1.1) LU 1.3 Natural Resources Protect the natural setting that contributes to the character and ident*identity of Newport Beach and the sense of place it provides for its residents and visitors. Preserve designated open space resources, beaches, harbor, bays. channels, parks, huffs, preserves, and estuaries as visual, recreational and habitat resources and promote preservation of coastal bluffs. (Imp 1.1 29.3) LU 1.4 Growth Management Implement a egasewative growth strategy that enhances the quality of life of residents and balances the needs of all constituencies with the preservation of designated open space and natural resources. (Imp 1.1, 10.2) LU 1.5 Economic Health Encourage a local economy that provides adequate commercial, office, industrial, and marine - oriented opportunities that provide employment and revenue to support high - quality community services. (Imp 1.1, 24.1) LU 1.6 Environmental Health Promote sustainable land use and development practices that minimize the use of non - renewable resources and reduce greenhouse gas emissions. (Imp 2.1. 32.1, 33.1) LU 1.7 Healthy Population Promote land use and development practices that contribute to the health and wellness of Newport Beach's residents. (Imo 2.1. 16.1) LU 4-.61.8 Public Views Protect and, where feasible, enhance significant scenic and visual resources that include open space, mountains, canyons, ridges, ocean, and harbor and other water vistas from public vantage points. (Imp 1.1) LU 1.9 Compatible Land Uses Require that the scale and massing of new development provide appropriate transitions in building location, height, and bulk at their edges that are sensitive to the physical and visual character of adjoining neighborhoods and districts that have lower development intensities and building heights. (Imo 2.1) Uses to be Accommodated Goal LU 2 A living, active, and diverse environment that complements all lifestyles and enhances neighborhoods, without compromising the valued resources that make Newport Beach unique. It contains a diversity of uses that support the needs of residents, sustain and enhance the economy, provide job opportunities, serve visitors that enjoy the City's diverse recreational amenities, promote public health, and protect its important environmental setting, resources, and quality of life. Page 14 171 Policies LU 2.1 Resident - Serving Land Uses Accommodate uses that support the needs of Newport Beach's residents including housing, retail, services, employment, recreation, education, culture, entertainment, medical and health facilities, civic engagement, and social and spiritual activity that are in balance with community natural resources and designated open spaces. (Imp 1.1, 2.1, 29.3) LU 2.2 Economically Sustainable and-Complete-Community Emphasize the development of uses that enable Newport Beach to continue as an economically self - sustaining community and minimize the need for residents to travel outside of the community for retail, goods and services, and employment. (Imp 1.1, 24.1) LU 2.3 Range of Residential Choices Provide opportunities for the development of residential units that respond to community and regional needs in terms of density, size, location, and cost. Implement goals, policies, programs, and objectives identified within the City's Housing Element. (Imp 1.1, 8.1, 25.1) LU 2.4 Recreational Centers Maintain and enhance a network of recreational facilities and programs to serve all phases of life. (Imp 23.2. 29.3) LU 2.42.5 Economic Development Accommodate uses that maintain or enhance Newport Beach's fiscal health and account for market demands, while maintaining grand improving the quality of life for current and future residents. (Imp 1.1, 24.1) LU 3.52.6 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 recreational and commercial boaters, visitors, and residents, with appropriate regulations necessary to protect the interests of all users as well as adjoining residents. (Imp 1.1, 2.5, 5.1, 20_2 21.4, 24.1) LU 2.62.7 Visitor Serving Uses Provide uses that serve visitors to Newport Beach's ocean, harbor, open spaces, and other recreational assets, while iRtagp^"R9 %h@FR tG protecting the quality of life for neighborhoods and residents. (Imp 1.1, 2.1, 5.1, 24.1) LU 2.8 Locally -Grown Food Promote the production and distribution of locally grown food by allowing farmers markets, food cooperatives, and neighborhood or community gardens. (Imp. 8.1) LU 2.72.8 Oil and Gas Facilities Prohibit the construction of new onshore oil processing, refining, or transportation facilities, including facilities designed to transport oil from offshore tracts, with the exceptions of slant drilling from onshore oil fields or for the consolidation and more efficient production of wells should Banning Ranch be annexed to the City. (Imp 2.1, 5.1) LU 2.52.9 Adequate Infrastructure Accommodate the types, densities, and mix of land uses that can be adequately supported by transportation and utility infrastructure (water, sewer, storm drainage, energy, technology cabling and so on) and public services (schools, parks, libraries, seniors, youth, police, fire, and so on). (Imp 1.1, 10.2, 11.1, 19.1, 22.1) Organization and Form of Uses ( "How Are Land Uses Distributed ? ") Goal LU 3 A development pattern that retains and complements the City's residential neighborhoods, commercial and industrial districts, open spaces, and natural environment. Page 15 39 Policies LU 3.1 Neighborhoods, Districts, Corridors, and Open Spaces Substantially Mmaintain Newport Beach's pattern of residential neighborhoods, business and employment districts, commercial centers, corridors, and harbor and ocean districts. (Imp 1.1) LU 3.2 Community Connectivity Promote improved connectivity between Newport Beach's key districts through well - landscaped and safe pedestrian corridors, bicycle trails, wavfinding sionage, and similar elements. (Imo 16.11, 20.11 LU 3.23_3 Growth and Change Enhance existing neighborhoods, districts, and corridors, allowing for re -use and infill with uses that are complementary in type, form, scale, and character. Changes in use and /or density /intensity should be considered only in those areas that are ^^^^^^^'call•• underperforming, are fy to accommodate Newport Beach's share of projected regional population growth, improve the relationship and reduce commuting distance between home and jobs, reduce greenhouse gas emissions and energy consumption on an overall, citywide basis, facilitate walking, bicycling, and transit uses, provide places for people to congregate and interact socially, or enhance the values that distinguish Newport Beach as a special place to live and work for its residents. The scale of growth and new development shall be coordinated with the provision of adequate infrastructure and public services, including standards for acceptable traffic level of service. (Imp 1.1, 2.1, 5.1, 10.2, 16.2, 16.3, 17.1, 18.1, 19.1, 22.1, 23.1, 23.2) LU 3,33.4 Opportunities for Change Provide opportunities for improved development and enhanced environments for residents in the following districts and corridors, as specified in Polices 6.3.1 through 6.22.7: • West Newport: consolidation of retail and visitor - serving commercial uses, with remaining commercial areas developed for residential units • West Newport Mesa: re -use of underperforming or underutilized commercial and industrial properties for offices and other uses that support Hoag Hospital's medical activities, improvement of remaining industrial properties adjoining the City of Costa Mesa, accommodation of non -water dependent marine - related industries, and development of residential in proximity to jobs and services • Santa Ana Heights: use of properties consistent with the adopted Specific Plan • John Wayne Airport Area: re -use of underperforming or underutilized commercial, industrial and office properties and development of an urban mixed -use district with resident - serving uses enabling employees to live in proximity to jobs and services. • Fashion Island /Newport Center: expanded retail and office uses and hotel rooms and development of residential in proximity to jobs and services, •• h is limit ng inc men • Balboa Peninsula: more efficient patterns of use that consolidate the Peninsula's visitor - serving and mixed uses within the core commercial districts; encourage marine - related uses especially in commercial areas 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 development shall be designed and sited to preserve the haracter of these districts. • Mariners' Mile: re -use of underperforming or underutilized properties for retail, visitor - serving, and marine- related uses, integrated with residential and expand public and private parking. • Corona del Mar: enhancement of public improvements and expand public and private parking. (Imp 1.1, 2.1, 5.1 16.10) Page 16 40 LU 3.43.5 Banning Ranch Prioritize the acquisition of Banning Ranch as an open space amenity for the community and region, consolidating oil operations, enhancing wetland and other habitats, and providing parkland amenities to serve nearby neighborhoods. If the property cannot be acquired within a time period and pursuant to terms agreed to by the City and property owner, allow for the development of a compact residential village that preserves the majority of the site as open space and restores critical habitat in accordance with Policies 657_2.1 through 6557.4.6. (Imp 1.1, 2.1, 5.1, 14.7, 14.11) LU 343.6 Coastal- Dependent and Related Businesses Design and site new development to avoid impacts to existing coastal- dependent and coastal - related developments When reviewing proposals for land use changes, give full consideration to the impact on coastal- dependent and coastal related land uses, including not only the proposed change on the subject property, but also the potential to limit existing coastal- dependent and coastal - related land uses on adjacent properties. (Imp 2.1, 5.1, 7.1) LU 3.6-3.7 Waterfront Access Use public beaches for public recreational uses and prohibit uses on beaches that interfere with public access and enjoyment of coastal resources. Encourage the expansion and improvement of access to the waterfront and water related uses that provide important links to waterfront uses such as beaches, launching facilities, public docks, and other similar public water area uses. (Imp 1.1, 5.1 20.2) LU &7-3_9 Natural Resource or Hazardous Areas Require that new development is located and designed to protect areas with high natural resource value and protect residents and visitors from hazards that pose a threats to life or property. (Imp 2.1, 6.1) LU 3.93.9 Project Entitlement Review with Airport Land Use Commission Refer the adoption or amendment of the General Plan, Zoning Code, specific plans, and Planned Community development plans for land within the John Wayne Airport planning area, as established in the JWA Airport Environs Land Use Plan (AELUP), to the Airport Land Use Commission (ALUC) ofior Orange County for review, as required by Section 21676 of the California Public Utilities Code. In addition, refer all development projects that include buildings with a height greater than 200 feet above ground level to the ALUC for review. (Imp 14.3) Sustainable DeveloDment ;r3 ki LU 4 Land use development practices that contribute to a sustained natural environment for use by future generations, economy, and well -being of Newport Beach's residents, while reducing greenhouse gas emissions and impacts on climate change. Policies LU 4.1 Regulating Sustainable Development Promote and, where appropriate, require new development and reconstruction to comply with sustainable building practices incorporating a "whole system" approach to designing and constructing buildings that consume comparatively less energy, water, and other resources, facilitate natural ventilation, use daylight effectively, and are healthy, safe, comfortable, and durable. (Imp 1.1. 32.1, 33.1. 34.1) LU 4.2 Existing Structure Reuse Encourage the retention, adaptive reuse, and renovation of existing buildings with "green" building technologies to retain the structure's embodied energy, increase energy efficiency, and limit the generation of construction waste. (imp 7.1) LU 4.3 Sustainable Sites and Land Development Promote land development practices that reduce energy and water consumption, pollution, greenhouse gas emissions, and waste generation incorporating such techniques as: Page 17 t 1 Concentrating and designing development to promote walking, bicycling, and use of public transit as an alternative to automobile travel: Capturing and re -using stormwater runoff on -site for irrigation and /or groundwater percolation: Managing wastewater and using recycled water, including encouraging the use of grey water: Orienting buildings to maximize opportunities for solar energy use, davlighting, and ventilation: Using landscapes that conserve water and reduce green waste; Shading of surface parking, walkways, and plazas: and /or Recycling and /or salvaging for reuse of construction and demolition debris. (Imp 2.1. 7.1, 8.2) LU 4.4 Revitalization of Obsolete and Underused Properties Encourage the consolidation of small commercial, industrial, and mixed -use parcels to facilitate revitalization and redevelopment. (imp 2.1. 24.1) LU 4.5 Heat Island Effect Reduce the "heat island effect" by promoting such features as reflective roofing, green roofs, light- colored oavina. and reducing the unshaded extent of parking lots with a tree canopy. (Imp 7.1, 32.1, 33.1, 34.1) LU 4.6 Orange County Sustainable Communities Strategy Implement practices for infll and mixed use development, affordable housing, and density to achieve objectives for a comparative reduction of vehicle trips and commute distances, air pollution, greenhouse gas emissions and energy consumption and improvement of public health consistent with applicable policies of the Orange County Sustainable Communities Strategy _(SCS)_(imp 8.1, 32.1, 33.1, 34.1) Land Use Diagram Goal LU 45 Management of growth and change to protect and enhance the livability of neighborhoods and achieve distinct and economically vital business and employment districts, which are correlated with supporting infrastructure and public services and sustain Newport Beach's natural setting. Policies LU 4.7 -5.1 Land Use Diagram Accommodate 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 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) Page 18 42 LU 4.25.2 Prohibition of New Residential Subdivisions Prohibit new residential subdivisions that would result in additional dwelling units exceeding those permitted by the General Plan unless authorized by an amendment of the General Plan (GPA). Lots that have been legally merged through the Subdivision Map Act and City Subdivision Code approvals are exempt from the GPA requirements and may be redeveloped or re- subdivided to the original underlying legal lots. This policy is applicable to all Single Unit, Two Unit, and - Multiple Unit Residential and Mixed Use land use categories. (Imp 6.1) LU 4.35_3 Transfer of Development RightsAllocations Permit the transfer of development allocationsrights from a property to one or more other properties when: a. The donor and receiver sites are within the same Statistical Area. b. The reduced density /intensity on the donor site provides benefits to the City such as, but not limited to, the (1) provision of e drae.a,na y pen space exceeding standard requirements, 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 - Allocations in Newport Center is governed by Policy 447.13.3 and those for the Airoort Area by Policy 7.14.6. (Imp 2.1, 5.1, 10.2 29.2) Community Character ( "Maintaining the Character of Our Neighborhoods and Districts" Goals and policies provide for the maintenance and enhancement of Newport Beach's residential neighborhoods, commercial districts, employment centers, corridors, and open spaces, assuring that new development complements and reinforces these characteristics. In addition to those listed below, community design policies are defined in the section beginning -with Policy LU r• r.1 to reflect the specific community character objectives for a number of the City's districts and corridors. Residential Neighborhoods Goal LU 5.'46.1 Residential neighborhoods that are well - planned and designed contribute to the livability and quality of life of residents, respect the natural environmental setting, and sustain the qualities of place that differentiate Newport Beach as a special place in the Southern California region. Policies ALL NEIGHBORHOODS LU 5.,46.1.1 Compatible but Diverse Development Establish property development regulations for residential projects to create compatible and high - quality development that contributes to and sustains neighborhood character. (Imp 2.1) 1 244 (Note: Moved to Policv LU 1.91 Page 19 43 LU 5 1 2 .1.2 Neighborhood Identification Encourage and support the identification of distinct residential neighborhoods. (Imp 1.1, 1.3) LU 5 4 46.1.3 Neighborhood Maintenance Promote the maintenance of existing residential units through code enforcement and promotion of County and local rehabilitation programs and public education. This may include providing information, guidance, and assistance where feasible. (Imp 23.3, 25.1, 26.1, 29.1) SINGLE- FAMILY DETACHED AND TWO -UNIT NEIGHBORHOODS LU 5.1,5 -6.1.4 Character and Quality of Single - Family Residential Dwellings Require that residential units be designed to sustain the high level of architectural design quality that characterizes Newport Beach's neighborhoods in consideration of the following principles: • Articulation and modulation of building masses and elevations to avoid the appearance of "box -like' buildings Compatibility with neighborhood development in density, scale, and street facing elevations • Architectural treatment of all elevations visible from public places • Entries and windows on street facing elevations to visually "open" the house to the neighborhood Orientation to desirable sunlight and views (Imp 2.1) LU SA,66.1.5 Character and Quality of Residential Properties Require that residential front setbacks and other areas visible from the public street be attractively landscaped, trash containers enclosed, and driveway and parking paving minimized. (Imp 2.1) LU 5.4x7 6.1.6 Renovation and Replacement of Existing Residential Units Require that residential units that are renovated and rebuilt in existing single family neighborhoods adhere to the principles for new developments, as specified by Policy 5a- 56.1.4 above and avoid. Gees der the ^^^•^^F AtPAP ^^ A impacted -by significant changes in building scale and character. (Imp 2.1, 8.2) LU 5.1.&6.1.7 Parking Adequacy Require that new and renovated single - family residences incorporate adequate enclosed parking in consideration of its asw-e€�sfloor area. (Imp 2.1) MULTI- FAMILY NEIGHBORHOODS LU 5 4 96.1.8 Character and Quality of Multi - Family Residential Require that multi - family dwellings be designed to convey a high quality architectural character in accordance with the following principles (other than the Newport Center and Airport Area, which are guided by Goals 647.13 and 6- 157.14, respectively, specific to those areas): Building Elevations • Treatment of the elevations of buildings facing public streets and pedestrian ways as the principal facades with respect to architectural treatment to achieve the highest level of urban design and neighborhood quality • Architectural treatment of building elevations and modulation of mass to convey the character of separate living units or clusters of living units, avoiding the appearance of a singular building volume • Provide street- and path- facing elevations with high - quality doors, windows, moldings, metalwork, and finishes Ground Floor Treatment • Where multi - family residential is developed on large parcels 86IGh as the A;rpai4 Area and West Alswpei t Mesa: Page 110 44 • Set ground -floor residential uses back from the sidewalk or from the right -of -way, whichever yields the greater setback to provide privacy and a sense of security and to leave room for stoops, porches and landscaping • Raise ground -floor residential uses above the sidewalk for privacy and security but not so much that pedestrians face blank walls or look into utility or parking spaces • Encourage stoops and porches for ground -floor residential units facing public streets and pedestrian ways • Where multi - family residential is developed on small parcels, such as the Balboa Peninsula, the unit may be located directly along the sidewalk frontage and entries should be setback or elevated to ensure adequate security (as shown belowl ). Roof Design • Modulate roof profiles to reduce the apparent scale of large structures and to provide visual interest and variety. Parking • Design covered and enclosed parking areas to be integral with the architecture of the residential units' architecture. Open Space and Amenity • Incorporate usable and functional private open space for each unit. • Incorporate common open space that creates a pleasant living environment with opportunities for recreation. (Imp 2.1 Imo 29.3) Commercial Districts Goal LU 5.26_2 Commercial centers and districts that are well- designed and planned, exhibit a high level of architectural and landscape quality, and are vital places for shopping and socialization. Policies LU 5.246.2.1 Architecture and Site Design Require that new development within existing commercial districts centers and corridors4#4t GGRIPleMeRt ;g rises and exhibit a high level of architectural and site design in accordance with seas deratins Pf the following principles: • Seamless connections and transitions with existing buildings, except where developed as a free - standing building • Modulation of building masses, elevations, and rooflines to promote visual interest • Architectural treatment of all building elevations, including ancillary facilities such as storage, truck loading and unloading, and trash enclosures • Treatment of the ground floor of buildings to promote pedestrian activity by avoiding long, continuous blank walls, incorporating extensive glazing for transparency, and modulating and articulating elevations to promote visual interest • Clear identification of storefront entries • Incorporation of signage that is integrated with the buildings' architectural character ' Note: Refers to image in General Plan Page 111 45 • Architectural treatment of parking structures consistent with commercial buildings, including the incorporation of retail in the ground floors where the parking structure faces a public street or pedestrian way • Extensive on -site landscaping, including mature vegetation to provide a tree canopy to provide shade for customers Incorporation of plazas and expanded sidewalks to accommodate pedestrian, outdoor dining, and other activities • Clearly delineated pedestrian connections between business areas, parking, and to adjoining neighborhoods and districts (paving treatment, landscapinge, wayfinding signage, and so on) • Integration of building design and site planning elements that comparatively reduce the consumption of water, energy, and other nonrenewable resources (Imp 2.1) LU 54.26.2.2 Buffering Residential Areas Require that commercial uses adjoining residential neighborhoods be designed to be compatible and minimize impacts through such techniques as: • Incorporation of landscapinn e, decorative walls, enclosed trash containers, downward focused lighting fixtures, and /or comparable buffering elements; Attractive architectural treatment of elevations facing the residential neighborhood; • Location of automobile and truck access to prevent impacts on neighborhood traffic and privacy. (Imp 2.1) LU 5.2.36.2.3 Alley Design Improve and enhance the aesthetic quality of alleys without impacting service and resident access. (Imp 6.1, 8.1) Mixed -Use Districts and Neighborhoods Goal LU 5.36.3 Districts where residents and businesses are intermixed that are designed and planned to ensure compatibility among the uses, that they are highly livable for residents, and are of high quality design reflecting the traditions of Newport Beach. Policies LU 5.3.46.3.1 Mixed -Use Buildings Require that mixed -use buildings be designed to convey a high level of architectural and landscape quality and ensure compatibility among their uses in accordance with seas derat AR of he following principles: Design and incorporation of building materials and features to avoid conflicts among uses, such as noise, vibration, lighting, odors, and similar impacts • Visual and physical integration of residential and nonresidential uses • Architectural treatment of building elevations and modulation of their massing • Separate and well - defined entries for residential units and nonresidential businesses Design of parking areas and facilities for architectural consistency and integration among uses • Incorporation of extensive landscape appropriate to its location; urbanized streetscapes, for example, would require less landscape along the street frontage but integrate landscape into interior courtyards and common open spaces (Imp 2.1) Page 112 40 LU 5.3.26.3.2 Mixed -Use Building Location and Size of Nonresidential Uses Require that 100 percent of the ground floor street frontage of mixed -use buildings be occupied by retail and other compatible nonresidential uses, unless specified otherwise by policies' " 6.21.1 thiFe gh I " &'^ for a specific district or corridor. (Imp 2.1) LU 5.3.36.3.3 Parcels Integrating Residential and Nonresidential Uses Require that properties developed with a mix of residential and nonresidential uses be designed to achieve high levels of architectural quality in accordance with policies LU 5-.1- 96.1.8 and LU 5- 246.2.1 and planned to ensure compatibility among the uses and provide adequate circulation and parking. Residential uses should be seamlessly integrated with nonresidential uses through architecture, pedestrian walkways, and landscapiMs. They should not be completely isolated by walls or other design elements. (Imp 2.1) LU 5.3.46.3.4 Districts Integrating Residential and Nonresidential Uses Require that sufficient acreage -area be developed for an individual use located in a district containing a mix of residential and nonresidential uses to prevent fragmentation and ensure each use's viability, quality, and compatibility with adjoining uses. (Imp 2.1, 6.1) All Commercial and Mixed -Use Districts LU 5,3.56.3.5 Pedestrian - Oriented Architecture and Streetscapes Require that buildings located in pedestrian- oriented commercial and mixed -use districts (other than the Newport Center and Airport Area, which are guided by Goals 6447.13 and 6457.14, respectively, specific to those areas) be designed to define the public realm, activate sidewalks and pedestrian paths, and provide "eyes on the street" in accordance with the following principles: • Location of buildings along the street frontage sidewalk, to visually form a continuous or semi - continuous wall with buildings on adjacent parcels, • Inclusion of retail uses characterized by a high level of customer activity on the ground floor; to insure successful retail -type operations, provide for transparency, elevation of the first floor at or transitioning to the sidewalk, floor -to -floor height, depth, deliveries, and trash storage and collection; • Articulation and modulation of street - facing elevations to promote interest and character, Inclusion of outdoor seating or other amenities that extend interior uses to the sidewalk, where feasible', and • Minimization of driveways that interrupt the continuity of street facing building elevations, prioritizing driveway their locations to side streets and alleys where feasible, (Imp 2.1) LU 5.3.66.3.6 Parking Adequacy and Location Require that adequate parking be provided and is conveniently located to serve tenants and customers. Set open parking lots back from public streets and pedestrian ways and screen with buildings, architectural walls, or dense landscaping. (Imp 2.1) Office and Business Parks Goal LU 5.46.4 Office and business districts that exhibit a high quality image, are attractive, and provide quality working environments for employees. Policies LU 5.4r1-6.4.1Site Planning Require that new, and to the extent feasible, renovated office And - retail evelopment projects be planned to exhibit a high - quality and cohesive "campus environment," characterized by the following: Page 113 47 • Location of buildings around common plazas, courtyards, walkways, and open spaces Incorporation of extensive on -site landscaping that emphasizes special features such as entryways • Use of landscape and open spaces to break the visual continuity of surface parking lots Common signage program for tenant identification and wayfinding • Common streetscapes and lighting to promote pedestrian activity • Readily observable site access, entrance drives and building entries and minimized conflict between service vehicles, private automobiles, and pedestrians (Imp 2.1) LU 5,4.26.4.2 Development Form and Architecture Require that new development of business park, office, and supporting buildings be designed to convey a unified and high - quality character in accordance with nnnq dPrAt on f the following principles: • Modulation of building mass, heights, and elevations and articulation of building • Avoidance of blank building walls that internalize uses with no outdoor orientation to public spaces • Minimize the mass and bulk of building facades abutting streets • Consistent architectural design vocabulary, articulation, materials, and color palette Clear identification of entries through design elements • Integration of signage with the building's architectural style and character Architectural treatment of parking structures consistent with their primary commercial or office building (Imp 2.1) Industrial Districts Goal LU 5.56.5 Districts that provide for the manufacturing of goods and research, and development that are attractive, compatible with adjoining nonindustrial uses, and well maintained. Policies LU 5.5.46.5.1 Site Planning and Building Design Require that new and renovated industrial properties and structures be designed to exhibit a high quality of design and maintenance characterized by the following: • Incorporation of extensive on -site landscaping • Incorporation of landscape, decorative walls, and other elements that visually screen areas used for outdoor storage, processing, and other industrial operations from public places • Architectural treatment of all visible building elevations Consistent and well- designed signage • Control of on -site lighting, noise, odors, vibrations, toxic materials, truck access, and other elements that may impact adjoining nonindustrial land uses. (Imp 2.1) LU 5.6,26.5.2 Property Maintenance Encourage and, where subject to redevelopment, require owners of visually unattractive or poorly maintained industrial properties to upgrade existing structures, facades, and properties to improve their visual quality. (Imp 26.1) Page 114 Public and Institutional Uses and Districts2 The City of Newport Beach contains a diversity of public and institutional uses including civic and government administrative facilities (City Hall), corporate yards, fire and police facilities, libraries, cultural institutions, art museum, marine science center, environmental interpretative center, senior and youth facilities, schools, and hospitals. Major public uses include the Civic Center, including City Hall, adjeiaiag -L do V',I^ge, and Police Department in Newport Center, eight fire stations distributed throughout the community, Central Library in Newport Center and three branches, OASIS Senior Center in Corona del Mar, and community facilities available at various locations for residents for recreational and meeting use. Newport Beach is served by two public and one private high school, one public and one private middle school, and eight public and four private elementary schools. Hoag Hospital is a major medical center that serves the City and region and is supported by numerous medical offices and related facilities. Goal LU 6.46_6 A diversity of governmental service, institutional, educational, cultural, social, religious, and medical facilities that are available for and enhance the quality of life for residents and are located and designed to complement Newport Beach's neighborhoods. Policies LAND USES LU 6.1.46.6.1 Adequate Community Supporting Uses Accommodate schools, government administrative and operational facilities, fire stations and police facilities, religious facilities, schools,, cultural facilities, museums, interpretative centers, and hospitals to serve the needs of Newport Beach's residents and businesses. (Imp 1.1, 2.1) LU 6.4.,26.6.2 Siting of New Development Allow for the development of new public and institutional facilities within the City provided that the use and development facilities are compatible with adjoining land uses, environmentally suitable, and can be supported by transportation and utility infrastructure. (Imp 1.1, 14.2, 22.1 -23.2) DESIGN AND DEVELOPMENT LU 6.4,56.6.3Architecture and Planning that Complements Adjoining Uses Ensure that the City's public buildings, sites, and infrastructure are designed to be compatible in scale, mass, character, and architecture with the district or neighborhood in which they are located, following the design and development policies for private uses specified by this Plan. Design impacts on adjoining uses shall be carefully considered in development, addressing such issues as lighting spillover, noise, hours of operation, parking, local traffic impacts, and privacy. (Imp 22.1 -23.2) LU 6_1,4-6.6.4 Compatibility of Non -City Public Uses Encourage school and utility districts and other government agencies that may be exempt from City land use control and approval to plan their properties and design buildings at a high level of visual and architectural quality that maintains the character of the neighborhood or district in which they are located and in consideration of the design and development policies for private uses specified by this Plan. (Imp 14.1, 14.15) STRATEGY LU 6.1.56.6.5 Hoag Hospital Campus Support Hoag Hospital and related medical uses in its their mission to provide adequate - sufficient facilities to meet the needs of area residents. Work with the Hospital and related medical uses to ensure that future development plans consider 4s -their relationship to and ensure compatibility with adjoining residential neighborhoods and mitigate impacts on local and regional transportation systems. (Imp 24.1) 2 NOTE: This section was incorrectly located in the General Plan and has been moved. No text changes have been made. Page 115 `T9 All Neighborhoods, Districts, and Corridors Goal LU "6_7 Neighborhoods, districts, and corridors containing a diversity of uses and buildings that are mutually compatible and enhance the quality of the City's environment. Policies LU 5.6.1- 6.7.1Compatible Development Require that buildings and properties be designed to ensure compatibility within and as interfaces between neighborhoods, districts, and corridors. (Imp 2.1) LU 5.6.26.7.2 Form and Environment Require that new and renovated buildings and structures be designed to avoid the use of styles, colors, and materials that unusually impact the design character and quality of their location such as abrupt changes in scale, building form, architectural style, and the use of surface materials that raise local temperatures, result in glare and excessive illumination of adjoining properties and open spaces, or adversely modify wind patterns. (Imp 2.1) LU 5 6 36.7.3 Ambient Lighting Require that outdoor lighting be located and designed to prevent spillover onto adjoining properties or significantly increase the overall ambient illumination of their location. (Imp 2.1) LU 5.6,46.7.4 Conformance with the Natural Environmental Setting Require that sites be planned and buildings designed in consideration of the property's topography, landforms, drainage patterns, natural vegetation, and relationship to the Bay and coastline, maintaining the environmental character that distinguishes Newport Beach. (Imp 2.1, 8.1) LU 5,6,56.7.5 Heliport/Helistop Compatibility Require that all applicants for the construction or operation of a heliport or helistop comply with state permit procedures, file a Form 7480 (Notice of Landing Area Proposal) with the Federal Aviation Administration (FAA), and comply with all conditions of approval imposed by the FAA, Caltrans /Division of Aeronautics and Airport Land Use Commission (ALUC) for Orange County. (Imp 14.9) Neighborhoods, Districts, and Corridors ( "Places That Distinguish Newport Beach ") Goals and policies provide for the maintenance of existing neighborhoods, districts, corridors, and public and civic uses, managing growth and change to ensure that their character, livability, and economic value are sustained. 12--blor and Ingt:a.,a: at asps; and DTstronts distr buted throughout the commun ty, Central Library n Newport Center And three branches, OASIS San or Center n Newport Beach s served by two public and one pr vate h gh school, one pub! c and one private middle school, and Bight PWbI G and four pr vats 818RIORtary schools. Hoag Hospital is a major medical G8Rt8F that rerwas th@ G ty @Rd reg on and is supported by numerous n.d'cal offices and related fn.: 't as. Goal Page 116 50 Encourage school and ut 1 ty d str cts and other government agene as that may be exempt from C ty land use contro4 and development poliGias for private uses spaG fied by this Plan. (imp 14.1. 14.15) CT04� Support Hoag Hasa tal n its m ssioR to prov do adequate faGjI tias to meet the needs of arAA r9sidaRts Work w th the Residential Neighborhoods Newport Beach is a community of distinct residential communities formed by the natural landscape and the built environment. Many of the City's older communities are located near the coast, and are characterized by small lots and the close grouping of structures. Newer residential communities, located east of the bay, have been built according to specific regulations to encourage their individual characters. Residential neighborhoods first began to develop on the Peninsula, West Newport, Balboa Island, and Lido Isle. These early neighborhoods following a traditional subdivision pattern of homes on streets designed in a linear grid and are generally pedestrian- oriented and include alleyways. Some of these older residential areas are within close proximity of commercial and visitors serving uses and are impacted by limited parking, noise, and traffic generated by commercial and visitor activities. When development spread further inland and proceeded north and east, the residential pattern changed, becoming less traditional, and more suburban in character with curvilinear streets and ranch style homes on larger lots. Examples of this type of development are the Westcliff community and Cliff Haven. As residential expanded across Page 117 151 the bay and to the east, new styles such as attached town homes and gated communities were constructed. The Bluffs and Big Canyon communities illustrate this type of development. More recent residential development patterns have resulted in numerous distinct neighborhoods with a single builder constructing most or all of the homes. Many of the these communities were designed as master planned communities allowing for unique and specialized development standards, as opposed to the application of traditional, standardized zoning regulations. Examples include Bonita Canyon, Newport Ridge, and Newport Coast. There are approximately 4-2-&150 150 homeowners associations in Newport Beach. These associations govern the maintenance of common areas and the administration of Covenants, Conditions, and Restrictions (CCBRs). Many of these associations are active in the City's decision - making process and may have unique development standards that are not enforced by the City. As the community has approached build -out, little vacant land remains. New development has focused on nontraditional sites such as infill and mixed -use development on smaller vacant and underutilized sites in or near commercial areas. Other residential development issues in the community include the replacement of original single family homes, duplexes, and triplexes with larger homes. Many of these homes are built to the full limit of the City's development regulations in neighborhoods where many houses are much smaller in scale. The policy framework for neighborhoods is geared toward strengthening and expanding the framework of healthy, cohesive, and identifiable neighborhoods throughout the City. Goal LU 6.27_1 Residential neighborhoods that contain a diversity of housing types and supporting uses to meet the needs of Newport Beach's residents and are designed to sustain livability and a high quality of life. Policies LU 6.2,47.1.1 Residential Supply Accommodate a diversity of residential units that meets the needs of Newport Beach's population and fair share of regional needs in accordance with the Land Use Plan's designations, applicable density standards, design and development policies, and the adopted Housing Element. (Imp 1.1, 2.1, 25.1) LU 6.2.27.1.2 Allowing Rebuilding Legal nonconforming residential structures shall be brought into conformity in an equitable, reasonable, and timely manner as rebuilding occurs. L Fnited •Renovations that improve the physical quality and character of the buildings but are limited in scope may be allowed. Rebuilding after catastrophic damage or destruction due to a natural event, an act of public enemy, or accident may be allowed in limited circumstances that do not conflict with the goals of the Land Use Element. (Imp 2.1, 7.1) LU 6.2.37.1.3 Residential Affordability Encourage the development of the types of residential units that are consistent with the Housing Element afferdable F... these a ,.i. yed n the rr:n,. (Imp 25.1) LU 6.2.47.1.4 Accessory Units Permit conditionally the construction of one granny unit (accessory age- restricted units for one or two adult persons who are sixty -fifty five years of age or older) per single family residence within single - family districts, provided that such units meet set back, height, occupancy, and other applicable regulations set forth in the Municipal Code. (Imp 2.1) LU 6.2.57.1.5 Neighborhood Supporting Uses Allow for the integration of uses within residential neighborhoods that support and are complementary to their primary function as a living environment such as schools, parks, community meeting facilities, religious facilities, and Page 118 52 comparable uses. These uses shall be designed to ensure compatibility with adjoining residential addressing such issues as noise, lighting, and parking. (Imp 2.1) LU 6.2.67.1.6 Home Occupations Allow for small scale home occupations in Newport Beach's residential neighborhoods provided that they do not adversely impact traffic, parking, noise, lighting, and other neighborhood qualities. (Imp 2.1) LU 6.2.77.1.7 Care Facilities Regulate Day Care and Residential Care facilities to the maximum extent allowed by federal and state law to minimize impacts on residential neighborhoods, and aetively p mue federal and State leg 612tieR that would give G ties the ab lity to proh bit an nvPr-r;nnnPntrAtinn of recovery homes or sober living homes in res dential areas. (Imp 2.1) LU 6.2.87.1.8 Manufactured Housing Permit by right manufactured housing on individual lots in residential zones as per state law. Ensure compatibility with surrounding conventional dwelling uses by adhering to development standards within the Municipal Code. seaEiauiag (Imp 2.1) LU 6.2.97.1.9 Private Open Spaces and Recreational Facilities Require the open space and recreational facilities that are integrated into and owned by private residential development are permanently preserved as part of the development approval process and are prohibited from converting to residential or other types of land uses. (Imp 6.1, 13.1 29.3) LU 6 2.107.1.10 Gated Communities Discourage the creation of new private entry gates in existing residential neighborhoods that currently do not have a gate located at the entrance of the community. (Imp 9.1, 29.1) Districts Districts are uniquely identifiable by their common functional role, mix of uses, density /intensity, physical form and character, and /or environmental setting. Generally, they encompass large areas that often extend equally in length and breadth. They represent common gathering places for commerce, employment, entertainment, culture, and for living. While Newport Beach contains many districts, the General Plan policies in the following sections focus on those that are likely to change over the next 20 years as existing viable districts are enhanced, underperforming properties are revitalized, and opportunities are provided to accommodate the City's fair share of regional housing needs, as shown on Figure LU16. Policies are directed to the management of these changes to ensure that they complement the characteristics that are valued by Newport Beach's residents. Development in each district will adhere to policies for land use type and density /intensity (Policy LU 4.45_1, Table LU1) and community character (LU 6_159), except as amended in this section of the Plan. The goals and policies for each district are preceded by a description of its uses and characteristics in 2005 and public input from the General Plan Update Visioning Process and Public Workshops that was considered in their formulation. BANNING RANCH Located within the City's Sphere of Influence (SOI), the Banning Ranch area encompasses approximately 518 acres, of which 465 acres (includes 47 acres of water features) are under the jurisdiction of Orange County, and 53 acres within the jurisdiction of the City of Newport Beach. Banning Ranch is located in the westem -most portion of the Newport Beach Planning Area, north of Coast Highway and the Newport Shores residential community, immediately east of the Santa Ana River, and west and south of residential and industrial uses. The eastern portion of the site is higher in elevation and contains the western edge of Newport Mesa that slopes gently from east to west. Bluffs form the western edge of the mesa, and are located in the central portion of the Banning Ranch area. The western portion Page 119 15-S of the site, which is lower in elevation, historically contained a tidal marsh associated with the Semeniuk Slough and Santa Ana River. Currently, the Banning Ranch area is primarily undeveloped with some historic oil extraction infrastructure located in the central and southern portions of the site that includes wells, pipelines, buildings, improved and unimproved roads, and open storage pipes and machinery. Oil extraction activities date back at least 75 years. Although the Banning Ranch site contains an assemblage of diverse habitats that have been historically disturbed, when this area is considered with the contiguous Semeniuk Slough and restored wetlands, it provides wildlife with a significantly large, diverse area for foraging, shelter, and movement. Biological studies performed for Banning Ranch indicate that, while disturbance associated with oil activities diminishes the quality of existing habitat to some extent, overall, the area should be regarded as relatively high - quality wildlife habitat due to its size, habitat diversity, and continuity with the adjacent Semeniuk Slough and federally- restored wetlands. A preliminary field evaluation of Banning Ranch was conducted by a consultant as a general indicator of the presence of habitat and species that may be subject to regulatory review. Based on this analysis, the property is estimated to contain approximately 69 acres with a habitat value rank of "1," which are primarily concentrated in the northwestern portion of the site. These areas are considered to have a high biological resource value, and are likely to require a resource permit from federal and /or state agencies prior to development. Other areas scattered throughout the site may also be of biological value but to a lesser extent. Areas with a rank of "2" (approximately 96 acres) may need a resource permit for development, where additional studies would be required to make this determination. More than likely, areas with a rank of "3" (approximately 118 acres) contain habitat and species that are not likely to require resource permitting for development. Resource permitting would likely result in the need for mitigation measures associated with development such as payment of mitigation fees, habitat restoration, or off -site habitat replacement. The actual acreage subject to environmental permitting will be determined in subsequent studies to be conducted in accordance with state and federal regulations. Additionally, Banning Ranch exhibits distinctive topography that is a physical and visual resource for the community. The property is divided into lowland and highland mesa areas. Bluff faces traverse the property generally in a north - south direction, separating these and forming an important visual backdrop from West Coast Highway. Drainage from upland areas in and adjoining the City of Costa Mesa formed a number of arroyos with riparian habitats. The bluff face geology is highly erodible and has experienced sliding over the years. Figure LU17 illustrates these constraints. During the visioning process, residents were divided in opinion regarding the future of Banning Ranch. Many residents preferred preserving Banning Ranch as open space at the beginning of the public process. However, many participants in the process later indicated their willingness to support some development of the property if it would generate revenue to help fund preservation of the majority of the property as open space. Policy Overview The General Plan prioritizes the acquisition of Banning Ranch as an open space amenity for the community and region. Oil operations would be consolidated, wetlands restored, nature education and interpretative facilities provided, and an active park developed containing playfields and other facilities to serve residents of adjoining neighborhoods. Should the property not be fully acquired as open space, the Plan provides for the development of a concentrated mixed -use residential village that retains the majority of the property as open space. This would contain a mix of housing types clustered around a "village center" of local- servingresident- serving commercial uses, small boutique hotel, active park, and possibly a school. Buildings would be located and designed and an interconnected street system provided to enhance pedestrian activity and reduce vehicular trips. Development would be concentrated to preserve the majority of the property as open space, while oil operations would be clustered and wetlands restored. An internal trail system would be developed to link uses within its neighborhoods and districts and provide access to adjoining neighborhoods. While the Plan indicates the maximum intensity of development that would be allowed on the property, this will ultimately by determined through permitting processes that are required to satisfy state and federal environmental regulatory requirements. Page 120 54 Goal LU 6.37.2 Preferably a protected open space amenity, with restored wetlands and habitat areas, as well as active community parklands to serve adjoining neighborhoods. Policies LAND USES (designated as "OS(RV] ") LU 6.3.47.2.1 Primary Use Open space, including significant active community parklands that serve adjoining residential neighborhoods if the site is acquired through public funding. (Imp 2.1, 23.1, 23.5, 30.2) STRATEGY LU 6.3.97.2.2 Acquisition for Open Space Support active pursuit of the acquisition of Banning Ranch as permanent open space, which may be accomplished through the issuance of state bonds, environmental mitigation fees, private fundraising, developer dedication, and similar techniques. (Imp 9.1, 14.7, 14.11, 30.2) Goal LU 6.47.3 If acquisition for open space is not successful, a high - quality residential community with supporting uses that provides revenue to restore and protect wetlands and important habitats. Policies LAND USES LU 6.4.47.3.1 Alternative Use If not acquired for open space within a time period and pursuant to terms agreed to by the City and property owner, the site may be developed as a residential village containing a mix of housing types, limited supporting retail, visitor accommodations, school, and active community parklands, with a majority of the property preserved as open space. The property owner may pursue entitlement and permits for a residential village during the time allowed for acquisition as open space. (Imp 2.1) DEVELOPMENT DENSITY /INTENSITY AND CAPACITY Note: These represent general development capacity estimates, with the property's ultimate development footprint and capacity determined through required federal and state regulatory environmental permitting processes and a planned community development plan approved by the City of Newport Beach. LU 6.4.2- 7.3.2Residential Accommodate a maximum of 1,375 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) LU 6.4.37.3.3 Retail Commercial Accommodate a maximum of 75,000 square feet of retail commercial uses that shall be oriented to serve the needs of local and nearby residents. (Imp 2.1) LU 6.4.47.3.4 Overnight Accommodations Accommodate a maximum of 75 rooms in a small boutique hotel, "bed and breakfast," or other overnight accommodations. (Imp 2.1) Page 121 55 DESIGN AND DEVELOPMENT LU 6 4 57.3.5 Planned Residential Village Require that Banning Ranch, if not retained as open space, be developed as a cohesive urban form that provides the sense of a complete and identifiable neighborhood. Establish a development pattern that ties together individual uses into a cohesive neighborhood addressing the location and massing of buildings, architecture, landscape, connective street grid and pedestrian walkways and trails, use of key landforms, and similar elements. (Imp 3.1, 4.1) LU 6.467.3.6 Approaches for a Livable Neighborhood Site and design development to enhance neighborhood quality of life by: Establishing a pattern of blocks that promotes access and neighborhood identity • Designing streets to slow traffic, while maintaining acceptable fire protection and traffic flows • Integrating a diversity of residential types within a neighborhood, while ensuring compatibility among different residential types • Orienting and designing the residential units to relate to the street frontage Locating and designing garages to minimize their visual dominance from the street • Incorporating sidewalks and parkways to foster pedestrian activity • Promoting architectural diversity (Imp 3.1, 4.1) LU 6.4.77.3.7 Neighborhood Structure and Form Establish a "village center" containing local serving commercial, community parks, community meeting facilities, hotel, and /or other amenities as the focal point. Buildings in the village center shall be designed to enhance pedestrian activity (e.g., visual transparency and fagade modulation and articulation), integrating plazas and open spaces for public events. (Imp 3.1, 4.1 21.3) LU 6.447.3.8 Open Space Network and Parklands Establish a framework of trails, community parklands, and natural habitats that provide the framework around which the residential village's uses are developed and interconnect residential districts, the village center, other uses, and open spaces. (Imp 3.1, 4.1) LU 6.4.87.3.9 Circulation Facilitate development of an arterial highway linking Coast Highway with Newport Boulevard to relieve congestion at Superior Avenue, if the property is developed. (Imp 3.1, 4.1, 16.1) LU 6.4.187.3.10 Sustainable Development Practices Require that any development of Banning Ranch achieve high levels of environmental sustainability that reduce pollution and consumption of energy, water, and natural resources to be accomplished through land use patterns and densities, site planning, building location and design, transportation and utility infrastructure design, and other techniques. Among the strategies that should be considered are the concentration of development, reduction of vehicle trips, use of alternative transportation modes, maximized walkability, use of recycled materials, capture and re -use of storm water on -site, water conserving fixtures and landscapes, architectural elements that reduce heat gain and loss, and preservation of wetlands and other habitats. (Imp 3.1, 4.1, 7.1, 16.8, 17.1, 19.1) STRATEGY LU 6.4.17.3.11 Comprehensive Site Planning and Design Require the preparation of a master development or specific plan for any development on the Banning Ranch specifying lands to be developed, preserved, and restored, land uses to be permitted, parcelization, roadway and infrastructure improvements, landscape and streetscape improvements, development regulations, architectural design and landscape guidelines, exterior lighting guidelines, processes for oil operations consolidation, habitat preservation and restoration plan, sustainability practices plan, financial implementation, and other appropriate elements. (Imp 3.1, 4.1) Page 122 50 Policies Pertaining to Both Land Use Options (Goals 6.37.2 and 6.47.3) PERMITTED USES LU 5.5.1- 7.4.10il Operations Relocate and cluster oil operations. (Imp 3.1, 4.1) LU 6.5.2- 7.4.2Active Community Park Accommodate a community park of 20 to 30 acres that contains active playfields that may be lighted and is of sufficient acreage to serve adjoining neighborhoods and residents of Banning Ranch, if developed. (Imp 3.1, 4.1) LU 6.5,37.4.3 Habitat and Wetlands Restore and enhance wetlands and wildlife habitats, in accordance with the requirements of state and federal agencies. (Imp 3.1, 4.1, 14.7, 14.11) DESIGN AND DEVELOPMENT LU 6.5,47.4.4 Relationship of Development to Environmental Resources Development should be located and designed to preserve and /or mitigate for the loss of wetlands and drainage course habitat. It shall be located to be contiguous and compatible with existing and planned development along its eastern property line, preserving the connectivity of wildlife corridors, and set back from the bluff faces, along which shall be located a linear park to provide public views of the ocean, wetlands, and surrounding open spaces. Exterior lighting shall be located and designed to minimize light trespass from developed areas onto the bluffs, riparian habitat, arroyos, and lowland habitat areas. (Imp 3.1, 4.1) LU 6.5.57.4.5 Public Views of the Property Development shall be located and designed to prevent residences on the property from dominating public views of the bluff faces from Coast Highway, the ocean, wetlands, and surrounding open spaces. Landscape shall be incorporated to soften views of the site visible from publicly owned areas and public view points. (Imp 3.1, 4.1) STRATEGY LU 6.5,67.4.6 Coordination with State and Federal Agencies Work with appropriate state and federal agencies to identify wetlands and habitats to be preserved and /or restored and those on which development will be permitted. (Imp 14.7, 14.11) WEST NEWPORT MESA The West Newport Mesa area contains a mix of residential, office, retail, industrial, and public uses. It is immediately abutted by Hoag Hospital, the City of Costa Mesa to the north, and Banning Ranch to the west. Development in the area dates back to the mid - twentieth century. Hoag Hospital is a major activity center that continues to affect development in the area. It generates a strong market for the development of uses that support the hospital's medical activities such as doctors' offices, convalescent and care facilities, medical supply, pharmacy, and similar uses. Retail commercial uses serve medical purposes, as well as nearby residents. Northern portions of the area are largely developed with light manufacturing, research and development, and business park uses. In many respects, these transition with comparable patterns of development in the Westside Costa Mesa area to the north. A number of Newport Beach's marine related businesses have relocated to the area over recent decades as coastal land values have escalated. Most of the properties are developed for single business tenants and have little landscape or architectural treatment, typical of older industrial districts of Southern California. The majority of properties between the industrial uses and medical center are developed with multifamily uses, including a few mobile home parks. The latter represent ^ regnuree of affordable h^ n `h^ r'4 These are interspersed with a school and other civic uses. Page 123 W The area's considerable mix of uses is not always complementary, nor at its edges where it abuts residential neighborhoods and other uses. The 2006 General Plan Vv_isioning process participants indicated that the West Newport Mesa area would benefit from revitalization. The development of additional medical offices and other facilities supporting Hoag Hospital and additional residential units were widely endorsed. Participants were divided in their support for the retention of industrial uses. Policy Overview The General Plan provides for a mix of land uses for West Newport Mesa that include office, research, convalescent care, and retail facilities supporting Hoag Hospital, a consolidated light industrial district where non - water - dependent marine - related businesses would be encouraged to locate, enhanced housing opportunities, and supporting retail commercial services. While distinct sub - districts are defined by the Land Use Plan, the assembly and planning of multiple parcels across these districts to create a unified center that is linked by pedestrian walkways, parklands, and other amenities is encouraged. Goal LU 6.67_5 A medical district with peripheral medical services and research facilities that support the Hoag Hospital campus within a well - planned residential neighborhood, enabling residents to live close to their jobs and reducing commutes to outlying areas. Policies LAND USES (refer to Figure LU18) LU 6.6x4-7.5.1 Hospital Supporting Uses Integrated with Residential Neighborhoods Prioritize the accommodation of medical - related and supporting facilities on properties abutting the Hoag Hospital complex [areas designated as "CO -M (0.5)" (Figure LU18, Sub -Area A)] with opportunities for new residential units [areas designated as " RM(18 /ac)'] and supporting general and neighborhood- serving retail services [ "CG(0.75)" and "CN(0.3) "] respectively. (Imp 2.1) LU 6.6.27.5.2 Residential Types Promote the development of a mix of residential types and building scales within the densities permitted by the "RM" (Figure LU18, Sub -Area C) designation, which may include single - family attached, townhomes, apartments, flats, and comparable units. Residential densities may be increased on a property as a means of promoting a variety of housing types within West Newport Mesa, provided that the overall average density of 18 units per acre is not exceeded. (Imp 2.1) STRATEGY LU 6.6.37.5.3 Cohesive and Integrated Medical Campus Development ` adg w th ^•^^^t ewsprs And ^Encourage the development of a master plan for streetscape, pedestrian, signage, and other improvements that contribute to a definable district. Land use boundaries delineated on the Land Use Diagram may be modified by a specific plan to achieve cohesive districts that integrate a variety of land uses. (Imp 3.1, 4.1) LU 6.6.47.5.4Livable Residential Neighborhood ` OOk W th PFQPeFliy0WReFs ^ ^a ^Encourage the preparation of a master plan for the residential neighborhood defining park and streetscape improvements that provide amenity amenities for local residents and enhance the area's identity. (Imp 3.1, 4.1) Page 124 W"r Goal LU 6.77.6 A general industrial district that transitions between the Hoag Hospital medical and residential community and industrial uses in the City of Costa Mesa, providing opportunities for needed uses that cannot be accommodated elsewhere in Newport Beach. Policies LAND USES [designated as "IG(0.75), "refer to Figure LU18, Sub -Area B] LU 6,7-.1 -7.6.1 Primary Uses Encourage the development of small -scale incubator industries. (Imp 2.1, 24.1) LU 6.7.27.6.2 Marine Based Businesses Encourage and provide incentives for the relocation of marine -based Newport Beach businesses, including boat storage and recreational vehicles, to properties retained for industrial purposes. (Imp 2.1, 24.1) BALBOA PENINSULA The Balboa Peninsula comprises a series of districts linked by the Newport Boulevard /Balboa Boulevard commercial and residential corridor. These include Lido Village, Cannery Village, McFadden Square, Balboa Village, and surrounding residential neighborhoods. Lido Village Lido Village is primarily developed with commercial uses including grocery stores, restaurants, salons, home furnishings, apparel, and other specialty shops. It also includes Lido Marina Village, a pedestrian oriented waterfront development that includes visitor - serving commercial uses, specialty stores, and marine uses. Lido Village's southern edge contains specialty retail and restaurants, the Qk's Geategormer City Hall complex planned for redevelopment as fief a boutique hotel, and churches. Lido Marina Village has experienced a high number of building vacancies and many retail stores are underperforming. Parking is limited. Multiple property ownerships have traditionally inhibited cohesive and integrated development. Lido Village has a unique location at the turning basin in Newport Harbor. The channel is wider than in other locations, providing an opportunity for waterfront commercial uses that will not negatively impact residential uses across the channel. In 2011, the City Council appointed a Citizen Advisory Panel (CAP) to prepare architectural and landscape design guidelines for the Lido Village. After several CAP meetings, a public open house, and review by the Neighborhood Revitalization Committee, the Lido Village Design Guidelines were approved by the City Council in December 2011. The Design Guidelines establish the vision for the rebirth of Lido Village as the gateway to the Balboa Peninsula. Cannery Village Cannery Village is the historic center of the City's commercial fishing and boating industry and contains a mix of small shops, art galleries, professional offices, and service establishments. Marine - related commercial (boat sales) and marine - related industrial uses (boat repair) are also found in the area. Redevelopment of properties for residential, loft, and mixed residential and commercial uses, including live /work facilities, appears to be an emerging trend. Older developments include some single - family residential units combined with commercial uses on single lots. Although the residential component of mixed -use projects has performed well, there has been less success in attracting the commercial uses envisioned for the area particularly on the waterfront. A Specific Plan has been developed, but Page 125 59 McFadden Square McFadden Square surrounds the Newport Pier and extends between the ocean front and harbor. It was the center of the City's early shipping industry. Located adjacent to Newport Pier is the Dory Fishing Fleet. The fleet and open -air fish market have operated at this location since the fleet's founding in 1891 by Portuguese fishermen. The last remaining fleet of its type, it is a designated historical landmark. Commercial land uses are largely concentrated in the strips along Balboa and Newport Boulevards, with residential along the ocean front and marine - related uses fronting the harbor. Numerous visitor - serving uses include restaurants, beach hotels, tourist - oriented shops (t -shirt shops, bike rentals, and surf shops), as well as service operations and facilities that serve the Peninsula. There are several bars in the area with some featuring live music, especially along the ocean and Bay front. Historically, the area has been known for its marine - related industries such as shipbuilding and repair facilities and boat storage on the harbor, some of which have been in continuous operation for over fifty years. Public parking is available in three lots, which primarily serve the beach users, tourists, and the restaurant patrons. Much of the McFadden Square area is pedestrian- oriented, with storefronts facing the street, the presence of signage at a pedestrian scale, and outdoor furniture, providing a pleasant environment for visitors. However, certain areas present difficulty for pedestrian street crossing. Specifically the intersection of Newport and Balboa Boulevards, known as the "Mixmaster," is one such crossing, as the roadway configuration at this location allows traffic flow from different directions and the street is wide. Balboa Village Balboa Village is the historic center for recreational and social activities on the Peninsula. It has had a strong marine heritage, and has attracted fishermen, recreational boaters, summer residents, and beachgoers. Many of the retail uses are visitor - oriented and seasonal in nature, including a `fun zone" along Edgewater Place that contains entertainment uses. Marine - related commercial uses, including ferries to Balboa and Catalina Islands and harbor tours, are present in the area. In general, Balboa Village is pedestrian- oriented with articulated building fagades and signage that is pedestrian scale. The Balboa Village core is surrounded by residences, with isolated pockets of commercial uses scattered along Balboa Boulevard. Peninsula Park also serves the area. Balboa Village and the greater Peninsula have experienced a transition to year -round residential occupancy while the visitor uses have continued. Cumulatively, there is more commercial space than can be supported by local residents, and marginal commercial space is used by businesses that are seasonal and do not thrive throughout the year. A spec fic plan has guided development in Balboa Village ("Central Balboa") s nce 1997. The PlAn'q viginn consisted maintenance standards, park ng d strict mplementat on, and GirGulat on mprovements. Addit onally, t sought to tenants. The City has mplemented some of this v q an i.A., th a numher of pub' G mprovernents with n the 'ast few Participants in the 2006 General Plan Vv_isioning process indicated that Lido Village, Cannery Village, McFadden Square, and Balboa Village need continuing revitalization, and the City could be proactive in creating a vision for reinforcement of Lido Village and McFadden Square as primary activity nodes, with the interior of Cannery Village allocated for residential or mixed -use development. The integration of uses in these areas and the harbor and bay was emphasized. While overnight lodging was not supported in the Visioning process survey and public meetings, in the opinion of the General Plan Advisory Committee smaller bed and breakfast and boutique hotels could be designed and scaled to complement the pedestrian- oriented village character of Lido Village, McFadden Square, and Balboa Village, as well as help the City's fiscal balance through the revenue that would be contributed. In 2006 tThe public also supported the concentration of commercial uses in the core of Balboa Village, with the re- use of outlying commercial properties for housing and priority for water - oriented and visitor - serving commercial uses. Additionally, Balboa Village was identified as a suitable location for mixed -use development. The City Council aopointed a five- member Citizen Advisory Panel (CAP) in June 2011 to set a new vision and implementation strategy for the revitalization of Balboa Village. Following a several month process which included Page 126 00 input from the community, the CAP developed the Balboa Village Master Plan that includes strategies addressing narking, zoning, appearance and new commercial investment in Balboa Village. In Seotember 2012. the City Council approved the Balboa Village Master Plan, followed by the formation in September 2012 of the Balboa Village Advisory Committee to oversee implementation of the Master Plan. Policy Overview The General Plan provides for the enhancement of Lido Village, Cannery Village, McFadden Square, and Balboa Village as distinct pedestrian- oriented centers of Balboa Peninsula that would be interconnected through improved streetscapes along Newport/Balboa Boulevard, a waterfront promenade on Newport Harbor, and cross - access between the Harbor and beachfront. Lido Village, McFadden Square, and Balboa Village would contain a mix of visitor - serving, retail, small overnight accommodation facilities, and housing. In Cannery Village, commercial or mixed -use buildings would be developed at street intersections with intervening parcels developed for mixed -use or freestanding housing. Throughout the Peninsula, ;FiaFty s established fer the • ^t^ ^"^^ of m^•'^^ F^' ^tp-d ^.land use designations are arranged to provide for a mix of commercial, retail, service, marine - related and residential uses that are complimentary and compatible with one another and promote economic vitality, environmental integrity and aesthetic quality. Late night service uses should be regulated to minimize effects on neighboring residential districts and uses. Balboa Peninsula Areawide Goal LU 6.@7.7 A series of commercial, retail, restaurant, recreation and ,^ °�h marine- related uses, GMG, and residential neighborhoods that are vibrant throughout the year, differentiated by their historic and functional characteristics and architectural style, yet integrated by streetscape amenities. Policies LU 6.6.47.7.1 Urban Form Establish development patterns that promote the reinforcement of Balboa Peninsula's pedestrian scale and urban form as a series of distinct centers/ nodes and connecting corridors surrounded by and linked to residential neighborhoods whose scale and character are maintained. (Imp 1.1) LU 64.87.7.2 Component Districts Lido Village, Cannery Village, and McFadden Square should be emphasized as the primary activity centers of the northern portion of the Peninsula, linked by corridors of retail resident and visitor - serving uses along Newport Boulevard and a mix of marine - related and residential uses on the Bay frontage. These surround a residential core in the inland section of Cannery Village. Balboa Village will continue to serve as the primary center of the lower Peninsula, surrounded by residential neighborhoods along and flanking Balboa Boulevard. (Imp 1.1) LU 6.6.37.7.3 Marine - Related Businesses Protect and encourage marine - related businesses to locate and expand on the Peninsula unless present and foreseeable future demand for such facilities is already adequately provided for in the area. (Imp 2.1, 24.1) LU 6.6,47.7.4 Spared - Parking Facilities Encourage the development of shared parking facilities and management programs among private property owners that provides for adequate parking for residents, guests, and business patrons. (Imp 16.10) LU 7.7.5 Access to Parking Facilities Prohibit the use of code - required parking spaces for other purposes, except as permitted on a case -bv -case basis to accommodate temporary events or emergency operations provided that adequate parking can be assured to support the primary use. (Imo 16.10) LU 6.6.57.7.6 Quality of Place /Streetscapes Page 127 01 Develop a plan to fund and implement streetscape improvements that improve Balboa Peninsula's visual quality, image, and pedestrian character. This should include well- defined linkages among individual districts, between the ocean and Bay, and along the Bay frontage, as well as streetscape and entry improvements that differentiate the character of individual districts. (Imp 20.1) LU 6.8.67.7.7 Historic Character Preserve the historic character of Balboa Peninsula's districts by offering incentives for the preservation of historic buildings and requiring new development to be compatible with the scale, mass, and materials of existing historic structures, while allowing opportunities for architectural diversity. (Imp 2.1) LU 64.77.7.8 Property Improvement Provide incentives for and work with property owners to improve their properties and achieve the community's vision for the Balboa Peninsula. (Imp 24.1, 29.1) Lido Village (designated as "MU -W2," "CM(0.3)," "RM(20 1ac), "and "PI(0.75)3, "refer to Figure LU19] Goal LU 5.97.8 A vibrant pedestrian - oriented village environment that reflects its waterfront location at the gateway to Newport Beach's historic Balboa Peninsula that prevldingprovides a mix of uses that- seaEesserving visitors andaesal residents. Policies M1,110II19 M LU 6.9.'47.8.1 Priority Uses Encourage uses that take advantage of Lido Village's location at the Harbor's turning basin and its vitality and pedestrian character, including visitor- serving and retail commercial, small lodging facilities (bed and breakfasts, innsboutigue hotels), and mixed -use buildings that integrate residential with retail uses [areas designated as "MU- W2", Subarea "A"]. A portion of the Harbor frontage and interior parcels (Subarea "B ") may also contain multi - family residential [designated as "RM(20 /ac) "], and the parcel adjoining the Lido Isle Bridge, a recreational and marine commercial use [designated as "CM(0.3) "]. (Imp 2.1, 24.1) LU 6.9.27.8.2 Discouraged Uses Discourage the development of new office uses on the ground floor of buildings that do not attract customer activity to improve the area's pedestrian character. (Imp 2.1) LU 7.8.3 Vested Uses Allow existing commercial buildings that exceed the maximum floor area and /or that do not provide the minimum number of parking spaces to be re- constructed to their pre - existing floor area provided that no less than the pre- existing number of parking spaces is provided. (Imp 2.1. 5.1, 16.10) DESIGN AND DEVELOPMENT LU 7.8.4 Lido Village Design Guidelines Achieve a distinctive identity and quality for Lido Village through implementing guidelines for design and landscape specified by the Lido Village Design Guidelines. (Imp 2.1) LU 7.8.5 Multi -Modal Village Enhance Lido Village's accessibility forby residents and visitors by providing all common modes of transportation for residents and visitors including walking, bicycling, watercraft, and vehicles. (Imp 16.11. 16.12) 3 NOTE: Former City Hall site to re- designated to accommodate proposed hotel. Page 128 02 LU 7.8.6 Gateway Create a vibrant gateway village in the heart of Newport Beach's historic Balboa Peninsula, with landscaping and streetscape. (Imo 20.1) LU 7.8.7 Character and Design Maintain a high quality of development design in Lido Village in consideration of the following design objectives, as reflected in the Lido Village Desion Guidelines: Unification: Creating a sense of place through a unifying theme for Lido Village with defined gathering spaces, increased connectivity, and improved wayfindinq; Visual Appeal: Creating a distinct identity for Lido Village by encouraging Coastal and Mediterranean architecture, creating an attractive gateway, maximizing view corridors and scenic opportunities, and incorporating art and landscaping: and Sustainability: Promoting economic and environmental sustainability by encouraging energy and water efficient practices in consideration of economic realities and viability, and celebrating California - friendly landscapes. (Imo 2.1. 7.1. 20.1, 20.31 Cannery Village Interior Parcels (designated as "MU-H4," Figure LU19, Sub -Area C] Goal LU 6.797.9 A pedestrian- oriented residential neighborhood that provides opportunities for live /work facilities and supporting retail uses. Policies LAND USES LU 6A0 17.9.1 Priority Uses Allow multi - family residential and mixed -use buildings that integrate residential above retail or live -work units throughout Cannery Village. Require mixed -use, live -work, or commercial buildings to be developed on corner parcels, except adjacent to Villa Way where these uses are encouraged. (Imp 2.1) DESIGN AND DEVELOPMENT LU 6.19.27.9.,. Residential Character and Architecture Require that residential buildings be designed to contribute to an overall neighborhood character, locating buildings along the street frontage to form a continuous or semi - continuous building wall. (Imp 2.1) LU 6.10.3 Specific Plan 'Guidelines Speof c Plan limp 3.1-) Bayfront Parcels [designated as "MU-W2, " Figure LU19, Sub -Area E] Goal LU 6.117.10 A water- oriented district that contains uses that support and benefit from its location fronting onto the bay, as well as provides new opportunities for residential. Page 129 63 Policies LAND USES LU 6.1- 1.47.10.1 Priority Uses Accommodate water- oriented commercial uses that support harbor recreation and fishing activities, and mixed -use structures with residential above ground level water - oriented uses. (Imp 2.1, 8.1, 21.2) McFadden Square, West and East of Newport Boulevard (designated as "MU-W2, " Figure LU19, Sub -Area E] Goal LU 6.427.11 A pedestrian- oriented village that reflects its location on the ocean, pier, and bay front, serving visitors and local residents. Policies LAND USES LU 6,1 -2.1- 7.11.1 Priority Uses Accommodate visitor- and 'B6al- resident- serving uses that take advantage of McFadden Square's waterfront setting including specialty retail, restaurants, and small scale eyesight -hotel accommodations, as well as mixed -use buildings that integrate residential with ground level retail. (Imp 2.1) DERIGAI ANrI I'1C1 /CI (10MC11/T LU 6.12.2 Specific Plan Guidelines SpeG f G RaR (Imn 0 14 Balboa Village Goal LU 6.37.12 An economically viable pedestrian- oriented village that serves local residents and visitors and provides residential in proximity to retail uses, entertainment, and recreation. Policies PRIORITY USES (refer to Figure LU20) LU 7.12.1 Balance and Mix of Uses - Areawide Accommodate a mix of land ua ?s including residential, restaurants, retail shops and services that cater to both residents and visitors. (Imp 2 1. 5.1) LU 6.1- 3.47.12.1 Village Core [designated as 11MU -VII Sub - Area ° °B"] Encourage local- and visitor- serving retail commercial and mixed -use buildings that integrate residential with ground- level retail or office uses on properties, especially adjacent to Balboa Boulevard, Main Street. and Palm Street. (Imp 2.1) LU 612 W.12.2 Bay Frontage /Bayfront Promenade [designated as "CV(0.75)" Sub -Area A] Promote access to the baV and beach and °�I. 94fizfiza prioritize water - dependent, marine - related retail and services and visitor - serving retail such as sport fishing, boat rentals, tour boats, and excursion boats. (Imp 2.1, 24.1) Page 130 04 LU 6.13.37.12.3 Commercial Properties out of Village Core [designated as "RT" Sub. Area C] Promote re -use of isolated commercial properties on Balboa Boulevard for residential units. (Imp 2.1) LU 7.12.4 Balboa Village Fun Zone Accommodate a mix of land uses capitalizing on the area's historic identity and character and bavfront setting including restaurants, retail shops and services catering to both residents and visitors. (Imp 2.1, 5.1. 21.3. 29.2) DESIGN AND DEVELOPMENT LU 6 1- 3.47.12.5 Streetscapes and Visual Quality PFamate the ^^^•^'^"^^ ^f PRhRHAPFAPAtq tnEnhance the visual quality of Balboa Village's streetscapes In PAhA^ ^^ by promoting a pedestrian- oriented environment and offering incentives for owners to improve their properties. (Imp 20.1) LU 7.12.6 Balboa Village Design Guidelines. Require that development exhibits a high quality of site and buildino desion in conformance with the Balboa Village Design Guidelines. (Imp 2.1. 5.1) STRATEGY LU 6.13.5- 7.12.7 Rebuilding of Nonconforming Structures Permit existing commercial buildings that exceed the permitted development intensities to be renovated, upgraded, or reconstructed to their pre- existing intensity and, at a minimum, pre- existing number of parking spaces. (Imp 2.1) LU 6.13.67.12.8 Enhancing Balboa Village's Viability and Character Provide incentives for owners to improve their properties, to develop retail uses that serve adjoining residential neighborhoods, and retain and develop marine - related uses along the harbor frontage. (Imp 24.1) 1��1� �% 1�] a�d� ►�i1�:7 /y�F9:1(�7dIL�9��1►�I�] Newport Center /Fashion Island is a regional center of business and commerce that includes major retail, professional office, entertainment, recreation, and residential in a master planned mixed -use development. Fashion Island, a regional shopping center, forms the nucleus of Newport Center, and is framed by this mixture of office, entertainment, and residential. Newport Center Drive, a ring road that surrounds Fashion Island, connects to a number of interior roadways that provide access to the various sites within the Center and to the four major arterials that service this development. High -rise office and hotel buildings to the north of the Center form a visual background for lower rise buildings and uses to the south and west. Interspersed in the Newport Center area are two hotels, public and semi - public uses including the Newport Beach Police and Fire Departments and Orange County Museum of Art, and entertainment uses (along the perimeter of Newport Center Drive). It is also the location of a transportation center, located at San Joaquin Hills Road and MacArthur Boulevard. Multi- family residential is located east of the Police Department. Lands adjacent to Coast Highway and Jamboree Road are developed for the Newport Beach Country Club and Balbaa-Bay -The Tennis Club, with adjoining single - family attached residential uses. The Newport Beach Civic Center and Library expansion were completed in 2013, creating a major civic presence in Newport Center along MacArthur Boulevard. In addition, a new public park and dog park were added, which bring additional pedestrian- oriented opportunities to this area. While master planned, the principal districts of Newport Center /Fashion Island are separated from one another by the primary arterial corridors. Fashion Island is developed around an internal pedestrian network and surrounded by parking lots, providing little or no connectivity to adjoining office, entertainment, or residential areas. The la ter , also Since the 2006 General Plan visioning process, the changing economy, legislative mandates to reduce greenhouse gas emissions, and initiatives to promote a healthier population support the creation of more compact, denser, and mixed -use development which enable residents to walk and bicycle to local shopping and iobs. As the most intense center of economic activity in Newport Beach, Newport Center /Fashion Island offers opportunities to enhance its mix Page 131 05 of uses with infill housing, offices, and retail uses meeting these objectives. Ongoing private investment in the area runs parallel to the civic development and infrastructure improvement being led by the City of Newport Beach, including the building of a new City Hall and Civic Center, parkland expansion, Central Library renovation and roadway circulation improvements. development of another retail Anchor RFRAP the \ /:n:nni Re AFGAAM the nhnnn:nn PAARAFAY, Inninl Mien mnnnlnlnn In mnLinn AFPPR4 nnnn n alth:er n n. lgti nn n nd n ant denser and mixed a de.minn.nnnt n ahlinn Fps dente n I vp nlnnn walk nd hinydp 1n Innnl nhnnn:nn And inhn 4 the meet intannn nnnlnr of nnnnnmin AGt V .' In NAW04a RARGh. Nmunnrl Genter /Canhinn Inland nffem n nr6,n:tien to enhan..e an m x n1 .dth nfill hg us nn nW:nen rate 'I Apq meet 'no theca oh'entlr Policy Overview The General Plan provides for additional retail and office opportunities at Fashion Island and hotel rooms and housing units in Newport Center. ^f'^^ deyelnnment..,n „Id hn "^^ "nd `n then PaAsian of eAstino rather then npw twildia96Emphasis is placed on the improvement of the area's pedestrian character, by improving connectivity among the "superblocks," installing streetscape amenities, and concentrating buildings along Newport Center Drive and pedestrian walkways and public spaces. Goal LU 6.147.13 A successful mixed -use district that integrates economic and commercial centers serving the needs of Newport Beach residents and the sub - region, with expanded opportunities for residents to live close to jobs, commerce, entertainment, and recreation, and is supported by a pedestrian - friendly environment. Policies LAND USES [refer to Figure LU21] LU 6 14r17.13.1 Fashion Island ['SCR” designation] Provide the opportunity for an dditional anchor tenant, ermm�nerant, othother retail; and/or entertainment and /or supporting uses that complement, are integrated with, and enhance the economic vitality of existing development. ' me„im „m ^°” "G' square feet of retail development GapaG ty specified by Table LU2 (Anomaly Locations) may be reallocated for other /rnnnfnr nr nnn,.nrninn of the retail deyelnmmeM GapaGity With annrn„al by the Gity GaunGil (Imp 2.1) LU 6.14.27.13.2 Newport Center ["MU-H3," "CO -R, " 'NCO -M," and "RM" designations] Provide the opportunity for limited retgil residential, hotel, and office development in accordance with the limits specified by Tables LU1 and LU2. (Imp 2.1) DESIGN AND DEVELOPMENT LU 6.14.37.13.3 Transfers of Development RightsAllocations Development rights-allocations may be transferred within Newport Center /Fashion Island, subject to the approval of the City with the finding that the transfer is consistent with the intent of the General Plan and that the transfer will not result in any adverse traffic impacts. (Imp 2.1) Page 132 Two possible versions are presented for the Commission's consideration, with commentary regarding their respective implications. Version 1 (reflecting Commissioner Tucker's comments) LU6 14.47.13.4 Development Scale Reinforce the original design concept for Newport Center by concentrating the greatest building mass and height in the aectheaste4y- northern section of Newport Center, where the natural topography is highest and progressively scaling down building mass and height to follow the lower elevations toward the southwesterly edge along East Coast Highway. Allow for increased height for the development of a hotel on the eastern portion of the 100 block provided that the project exhibits distinguished and quality architectural and site design. (Imp 2.1, 3.1, 4.1) Commentary: This wording could be interpreted to infer that only buildings that exceed current height limitations would not be required to exhibit "distinguished and quality architectural and site design," and those within the current limits would not. Version 2 (alternative) LU 5.14.47.13.4 Development Scale Reinforce the original design concept for Newport Center by concentrating the greatest building mass and height in the n^rth °terly- orthern section of Newport Center, where the natural topography is highest and progressively scaling down building mass and height to follow the lower elevations toward the southwesterly edge along East Coast Highway. Allow for increased height for the development of a hotel on the eastern portion of the 100 block to enable distinguished and quality architectural and site design. (Imp 2.1, 3.1, 4.1) Commentary.' This wording infers that the purpose of allowing greater building height is for the purpose of nrhiovinn n hinhar lava/ of rlocinn narfnrmnnra thnn imnnlr! hmio nrrnrrori md.r rurront hainhf roctrirtinnc LU A 44.57.13.5 Urban Form Encourage that some new development be located and designed to orient to the inner side of Newport Center Drive, establishing physical and visual continuity that diminishes the dominance of surface parking lots and encourages pedestrian activity. (Imp 2.1, 3.1, 4.1) LU 6-14.67.13.6 Pedestrian Connectivity and Amenity Require, where feasible, €�that pedestrian access and connections among uses within the district be improved with additional walkways and streetscape amenities concurrent with the development of expanded and new uses. (Imp 3.1, 4.1) LU 6.44.77.13.7 Fashion Island Architecture and St►eetscapes Encourage that new development in Fashion Island complement and be of equivalent or higher design quality than existing buildings. Reinforce the existing promenades by encouraging retail expansion that enhances the storefront visibility to the promenades and provides an enjoyable retail and pedestrian experience. Additionally, new buildings shall be located on axes connecting Newport Center Drive with existing buildings to provide visual and physical connectivity with adjoining uses, where practical. (Imp 3.1, 4.1) STRATEGY LU 6,44.87.13.8 Development Agreements (2006) Require the execution of Development Agreements for residential and mixed -use development projects that use the residential 450 units identified in Table L112 (Anomaly Locations). Development Agreements shall define the improvements and benefits to be contributed by the developer in exchange for the City's commitment for the number, density, and location of the housing units. (Imp 13.1) Page 133 07 LU 7.13.9 Development Agreements (2014) Require the execution of Development Agreements for residential and mixed -use development proiects that use the 500.000 SF of office or 50.000 SF of commercial or 500 multi - family residential units identified in Table LU2 (Anomaly Locations). Development Agreements shall define the improvements and benefits to be contributed by the developer in exchange for the City's commitment for the number, density, and location of the commercial space and /or housing units. (Imp 13.1) LU 6.14.97.13.109 Fashion Island Parking Structures Require new parking structures in Fashion Island to be located and designed in a manner that is compatible with the existing pedestrian scale and open feeling of Newport Center Drive. The design of new parking structures in Fashion Island shall incorporate elements (including landscaping) to soften their visual impact. (Imp 8.2) .'61 :. The Airport Area encompasses the properties abutting and east of (JWA) 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. Development in the Airport Area is restricted due to the noise impacts of JWA. Much of the southwestern portion of the area is located in the 65 dBA CNEL, which is unsuitable for residential and other "noise- sensitive" uses. Additionally, building heights are restricted for aviation safety. 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. Through the 2006 General Plan Vv_isioning 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. Housing and mixed -use buildings would be restricted from areas exposed to noise levels of 65 dBA CNEL and higher. Over time, commercial and industrial properties located in the Campus Tract would be revitalized including street frontage landscape and other improvements. Page 134 W i Airport Area Areawide Goal LU 5.0.57.14 A mixed -use community that provides jobs, residential, and supporting services in close proximity, with pedestrian - oriented amenities that facilitate walking and enhance livability. Policies URBAN FORM AND STRUCTURE [refer to Figure L U22] LU 5,1 -5.1- 7.14.1 Land Use Districts 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 5.15.27.14.2 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, Birth and Jamboree), except where intended to serve and be integrated with new residential development. (Imp 2.1, 24.1) LU 5.15.3- 7.14.3 Airport Compatibility Require that all development be constructed in conformance with the height restrictions set forth by Federal Aviation Administration (FAA), Federal Aviation Regulations (FAR) Part 77, and Caltrans Division of Aeronautics, and that residential development be located outside of the 65 dBA CNEL noise contour specified by the 1985 JWA Master Plan. (Imp 2.1, 3.1, 4.1, 14.3) Mixed -Use Districts [Subarea C, "MU -H2" designation] Primary Underlvina Land Uses LU 5.1547.14.4 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 "CO -G•• designation, while allowing for the re -use of properties for the development of cohesive residential villages that are integrated with business park uses. (Imp 2.1) Residential Villages Land Uses LU 5.3 .5.57.14.5 Residential and Supporting Uses Accommodate the development of a maximum of 2,200 multi - family residential units, including work force housing, and mixed -use buildings that integrate residential with ground level office or retail uses, along with supporting retail, grocery stores, and parklands. The residential units may consist of (a) a maximum of 1.650 units that may be constructed as replacement of permitted non - residential uses provided that Resident al unitr may be davaloped only as the replacement of underly ng permitted nonresidential useq. I.A./hen a development phase includes a mix o ^FdPF ;t'^' And nnniesidential eplaGe^ ex st' ^^ ind sti'^' ^ the number of peak hour trips generated by cumulative development of the site shall not exceed the number of trips that would result from development of the underlying permitted allocated nonresidential uses and (b). Hewevep, a maximum of 550 units may be developed as infill on surface parking lots or areas not used as-for occupiable buildings on properties within the area depicted on the "Airport Area Residential Villages Illustrative Concept Diagram" FFigure LU2321 provided that the parking is replaced on site. The residential units described in this policy do not include additional residential units listed in Table LU2 (Anomaly Locations) Anomaly Numbers 4 and 84. (Imp 2.1) Page 135 09 LU 7.14.6 Transfer of Development Allocations Permit transfer of development allocations within the Airport Area Mixed -Use districts subject to the approval of the City with the finding that the transfer is consistent with the intent of the General Plan and the transfer will not result in any adverse traffic impacts. (Imp 2.1) Minimum Size and Density LU 6-1s 67.14.7 Size of Residential Villages [refer to Figure LU23] Allow development of mixed -use residential villages, each containing a minimum of 10 acres and centered on a neighborhood park and other amenities (as conceptually illustrated in Figure LU23). The first phase of residential development in each village shall encompass at least 5 gross acres of land, exclusive of existing rights -of -way. This acreage may include multiple parcels provided that they are contiguous or face one another across an existing street. At the discretion of the City, this acreage may also include part of a contiguous property in a different land use category, if the City finds that a sufficient portion of the contiguous property is used to provide functionally proximate parking, open space, or other amenity. The area depicted in the "Airport Area Residential Villages Illustrative Concept Diagram "area shown on Figure LU232 shall be exempt from the 5 -acre minimum, but a conceptual development plan de r bed n Policy LU i c 1 a 1 1 shall be requ red. (Imp 2.1, 3.1, 4.1) LU 7.14.8 Affordable Housing Projects Permit housing proiects that include a minimum of 30 percent of the total units for affordable to lower income households and are developed at a minimum density of 30 units per acre to be constructed on parcels of 5 acres or greater as an exception from Residential Village requirements for a minimum 10 acres in lot size and phasing described in Policy LU 7.14.7 to facilitate the development of affordable housing consistent with the Housing Element. (Imo 1.2. 1.3.21.5) LU 6-15'77.14.9 Overall Density and Housing Types Require that residential units be developed at a minimum density of 30 units and maximum of 50 units per net acre averaged over the total area of each residential village. Net acreage shall be exclusive of existing and new rights -of- way, public pedestrian ways, and neighborhood parks. Within these densities, provide for the development of a mix of building types ranging from townhomes to high -rises to accommodate a variety of household types and incomes and to promote a diversity of building masses and scales. (Imp 2.1, 3.1, 4.1) LU 6-15.67.14.10 First Phase Development Density Require a residential density of 45 to 50 units per net acre, averaged over the first phase for each residential village. This shall be applied to 100 percent of properties in the first phase development area whether developed exclusively for residential or integrating service commercial horizontally on the site or vertically within a mixed -use building. On individual sites, housing development may exceed or be below this density to encourage a mix of housing types, provided that the average density for the area encompassed by the first phase is achieved. (Imp 2.1, 3.1, 4.1) LU 6-1s 97.14.11 Subsequent Phase Development Location and Density Subsequent phases of residential development shall abut the first phase or shall face the first phase across a street. The minimum density of residential development (including residential mixed -use development) shall be 30 units per net acre and shall not exceed the maximum of 50 units per net acre averaged over the development phase. (Imp 2.1, 3.1, 4.1) Strategy and Process LU 6-15-147.14.12 Regulatory Plans Require the development of regulatory plan for each residential village ahiGh shall containinc a minimum of 10 acres, developed in conformance with the Integrated Concept Development Plan (ICDP)te establishing a design theme and standards for buildings and site work (such as landscaping lighting, walls /fencing, signage and other, common areas and comparable elements): plan seerdiaaie -the location and phasing of buildings,aew parks, streets, aad- pedestrian ways, infrastructure and other facilities:; set forth a strategy to accommodate neighborhood serving commercial uses and other amenities = establish pedestrian and vehicular connections with adjoining land uses', and ensure compatibility with office, industrial, and other nonresidential uses. (Imp 2.1, 3.1, 4.1, 13.1 31.1) Page 136 70 !H 6 15 11 Conceptual Development Plan AF02 Require the development of one conceptual development plan for the area depicted an F gure LU22, should cohesive integration of new housing, parking structures, open spaces, recreational amen I as, pedestr an and amen ties are proposed to sat sty Neighborhood Park requ rements, the plan shall dent4 how thp.�P. Ampnitipq w4l most the reGreat Qnal Reeds of rAs dents F=aGh res daRt al v flage On the QoAG@pt6i@1 DeveloprAaRt Plan Area shall a4&G comply with all elements required for regulatory plans def ned by Policy 6.15.10. (imp 2.1, 3.1, 4.1) LU 6.95.137.14.13 Development Agreements A- Require a Development Agreement steal be-required --for gMa4 projects that includes a% residential units. The Development Agreement shall define the improvements and public benefits to be provided by the developer in exchange for the City's commitment for the number, density, and location of the housing units. (Imp 2.1, 3.1, 4.1, 13.1) Design and Development Neighborhood Parks LU 6.95.137.14.14 Standards of the Comm n ty within easy walk ng distance Of home° ' ° Require dedication and improvement of at least 8 percent of the gross land area (exclusive of existing rights -of -way) of the first phase development in each neighborhood, or 1/2 acre, whichever is greater, as a neighborhood park to provide a focus and identity for the entire neighborhood and serve the daily recreational needs of the community within easy walking distance of homes. This In every case, the neighborhood park shall be at least 8 percent of the total Residential Village Area or one acre in area, whichever is greater, and shall have a minimum dimension of 150 feet along any edge of the park site. Park acreage shall be exclusive of existing or new rights -of -way, development sites, or setback areas. A neighborhood park shall satisfy some or all of the requirements of the Park Dedication Ordinance, as prescribed by the Recreation Element of the General Plan. This requirement may be waived by the City where it can be demonstrated that the development parcels are too small to feasibly accommodate the required park area or inappropriately located to serve the needs of local residents, and when an in -lieu fee is paid to the City for the acquisition and improvement of other properties as parklands to serve the Airport Area. (Imp 2.1, 3.1, 4.1, 23.1, 30.2) LU 6.95.147.14.15 Location Require that each neighborhood park is clearly public in character and is accessible to all residents of the neighborhood. Each park shall be surrounded by public streets on at least two sides (preferably with on- street parking to serve the park), and shall be linked to residential uses in its respective neighborhood by streets or pedestrian ways. (Imp 2.1, 3.1, 4.1) LU 6.95.957.14.16 Aircraft Notification Require that all neighborhood parks be posted with a notification to users regarding proximity to John Wayne Airport and aircraft overflight and noise. (Imp 23.2) On -Site Recreation and Open Space LU 6.45.167.14.17 Standards Require developers of multi - family residential developments on parcels 8 acres or larger to provide on -site recreational amenities. For these developments, 44 square feet of on -site recreational amenities shall be provided for each dwelling unit in addition to the requirements under the City's Park Dedication Ordinance and in accordance with the Parks and Recreation Element of the General Plan. On -site recreational amenities can consist of public urban plazas or squares where there is the capability for recreation and outdoor activity. These recreational amenities may also include swimming pools, exercise facilities, tennis courts, and basketball courts. Where there is insufficient land Page 137 7-1 to provide on -site recreational amenities, the developer shall be required to pay cash in -lieu that would be used to develop or upgrade nearby recreation facilities to offset user demand as defined in the City's Park Dedication Fee Ordinance. The acreage of on -site open space developed with residential projects may be credited against the parkland dedication requirements where it is accessible to the public during daylight hours, visible from public rights - of -way, and is of sufficient size to accommodate recreational use by the public. However, the credit for the provision of on -site open space shall not exceed 30 percent of the parkland dedication requirements. (Imp 2.1, 3.1, 4.1, 23.1 23.5 30.2) Streets and Pedestrian Ways LU 6A5.1- 77.14.18 Street and Pedestrian Grid Create a pattern of streets and pedestrian ways that breaks up large blocks, improves connections between neighborhoods and community amenities, and is scaled to the predominantly residential character of the neighborhoods. (Imp 3.1, 4.1, 16.1) LU 6.15.18- 7.14.19 Walkable Streets Retain the curb -to -curb dimension of existing streets, but widen sidewalks to provide park strips and generous sidewalks by means of dedications or easements. Except where traffic loads preclude fewer lanes, add parallel parking to calm traffic, buffer pedestrians, and provide short -term parking for visitors and shop customers. (Imp 3.1, 4.1, 16.1, 20.1) LU 6.15.497.14.20 Connected Streets Require dedication and improvement of new streets as shown on Figure LU23. The illustrated alignments are tentative and may change as long as the routes provide the .,aenvvv ^d reasonable connectivity. If traffic conditions allow, connect new and existing streets across MacAarthur Boulevard with signalized intersections, crosswalks, and pedestrian refuges in the median. (Imp 16.1) LU 6.15.20 7.14.21 Pedestrian Improvements Require the dedication and improvement of new pedestrian ways as conceptually shown on Figure LU23. The alignment is tentative and may change as long as the path provides the intended connectivity. For safety, the full length of pedestrian ways shall be visible from intersecting streets. TO R^^'^'^'^ RR Rt F ate SGalp ^^F"^ 9142& the path w th trees, pedestFian ways sheuld net be q xpd Aq f Fe 'Anpe. PedestF an ways shall be apen to the pub! G at-a4 heucs. (Imp 16.11) Parking and Loading LU " 5 ,47.14.22 Required Spaces for Primary Uses Consider revised parking requirements that reflect the mix of uses in the neighborhoods and overall Airport Area, as well as the availability of on- street parking. (Imp 2.1) Relationship of Buildings to Street LU 6.15.237.14.23 Sustainable Development Practices Require that development includes measures that comparatively aGhieves a high level of eR" FG ^'^^^'2I SdStRlRale I ty that- reduces pollution and consumption of energy, water, and natural resources. This may be accomplished through the mix and density of uses, building location and design, transportation modes, and other techniques. Among the strategies that should be considered are the integration of residential with jobs - generating uses, use of alternative transportation modes, maximized walkability, use of recycled materials, capture and re -use of storm water on -site, water conserving fixtures and landscapes, and /or architectural elements that reduce heat gain and loss. (Imp 3.1, 4.1, 16.11, 17.1, 19.1) Page 138 Campus Tract ["AO" designation Sub -Area B] LAND USES LU 6 Is 247.14.24 Primary Uses Accommodate professional office; aviation retail; automobile rental, sales, and service, ^f the Olann'ng C;a n; alien; hotels; and ancillary retail, restaurant, and service uses that are related to and support the functions of John Wayne Airport, as permitted by the "AO" designation. (Imp 2.1) STRATEGY LU 6- A- 9457.14.25 Economic Viability Provide incentives for lot consolidation and the re -use and improvement of properties located in the "Campus Tract," west of Birch Street. (Imp 2.1, 24.1) LU 6.1 5.267.14.26 Automobile Rental and Supporting Uses Work MtttEncourage automobile rental and supporting uses to promote the consolidation and visual improvement of auto storage, service, and storage facilities. (Imp 24.1) LU f 'o.,45_11 7.14.27 Site Planning and Architecture Encourage and, when property improvements are subject to discretionary review, require property owners within the Campus Tract to upgrade the street frontages of their properties with landscapinn e, well- designed signage, and other amenities that improve the area's visual quality. (Imp 3.1, 7.1, 8.1,) Commercial Nodes ["CG" designation Sub -Area C —part] LU 6{35.257.14.28 Priority Uses Encourage the development of retail, financial services, dining, hotel, and ethAr uses that support the John Wayne Airport, the Airport Area's office uses, and, as developed, its residential neighborhoods, as well as automobile sales and supporting uses at the MacArthur Boulevard and Bristol Street node. (Imp 2.1, 24.1) Commercial Office District ( "CO -G" designation Sub -Area C —part] LU 6.15.297.14.29 Priority Uses Encourage the development of administrative, professional, and office uses with limited accessory retail and service uses that provide jobs for residents and benefit adjoining mixed -use districts. (Imp 2.1, 24.1) Corridors Corridors share common characteristics of Districts by their identifiable functional role, land use mix, density /intensity, physical form and character, and /or environmental setting. They differ in their linear configuration, generally with shallow -depth parcels located along arterial streets. They are significantly impacted by traffic, often inhibiting access during peak travel periods. Their shallow depths make them unsuitable for many contemporary forms of commercial development that require large building footprints and extensive parking. While the City is crossed by a number of commercial corridors, the General Plan's policies focus on those in which change is anticipated to occur during the next 20 years. Additionally, they provide guidance for the maintenance of a number of corridors in which it is the objective to maintain existing types and levels of development. Development in each corridor will adhere to policies for land use type and density /intensity (LU 4.1, Table 1-1.11) and community character (LU 5.0), except as specified in this section of the General Plan. ° Land use designation will require modification if proposed uses of the Saunders property is affirmed by the LUEAC. Page 139 7_5 Goal LU 6.167.15 Development along arterial corridors that is compatible with adjoining residential neighborhoods and designated open spaces, is well designed and attractive, minimizes traffic impacts, and provides adequate parking. Policies LU C o 16 1 7.15.1 Efficient Parcel Utilization Promote the clustering of retail and hotel uses by the aggregation of individual parcels into larger development sites through incentives such as density bonuses or comparable techniques. (Imp 2.1, 24.1) LU 6.46.27.15.2 Private Property Improvements ` GFk W th ^•^^^t• ^w^^•^'^ ^Encourage the upgrade of existing commercial development including repair and /or repainting of deteriorated building surfaces, well- designed signage that is incorporated into the architectural style of the building, and expanded landscaping. (Imp 24.1) LU a 16.2 7.15.3Property Access Minimize driveways and curb cuts that interrupt the continuity of street - facing building elevations in pedestrian - oriented districts and locations of high traffic volumes, prioritizing their location on side streets and alleys, where feasible. (Imp 2.1) LU 6.16.47.15.4 Shared Parking Facilities Work w th property owners and developers ^Encourage the more efficient use of parcels for parking that can be shared by multiple businesses. (Imp 16.10) LU 6.Is.57.15.5 Compatibility of Business Operations with Adjoining Residential Neighborhoods %AInrk y.,th lo^^' bus nesses to ^Ensure that retail, office, and other uses do not adversely impact adjoining residential neighborhoods. This may include strategies addressing hours of operation, congregation of employees. loitering, trash pickup, truck delivery hours, customer arrivals and departures, and other activities. (Imp 8.2) LU 6.16.67.15.6 Design Compatibility with Adjoining Residential Neighborhoods Require that building elevations facing adjoining residential units be designed to convey a high - quality character and ensure privacy of the residents, and that properties be developed to mitigate to the maximum extent feasible impacts of lighting, noise, odor, trash storage, truck deliveries, and other business activities. Building elevations shall be architecturally treated and walls, if used as buffers, shall be well- designed and landscaped to reflect the area's residential village character. (Imp 2.1) WEST NEWPORT The West Newport Coast Highway Corridor extends from Summit Street to just past 60th Street. It is a mixed commercial and residential area, with the former serving the adjoining Newport Shores residential neighborhood, the West Newport residential neighborhood south of Coast Highway, and beach visitors. Commercial uses are concentrated on the north side of Coast Highway at the Orange Street intersection and east of Cedar Street to the Semeniuk Slough. Intervening areas are developed with a mix of multi - family apartments and, west of Grant Avenue, mobile and manufactured homes. Primary commercial uses include community- related retail such as dry cleaners, liquor store, deli, and convenience stores, as well as a few visitor - serving motels, dine -in, family -style restaurants, and fast food establishments. Generally, they are developed on shallow parcels of substandard size and configuration due to past widening of West Coast Highway and contain insufficient parking. Many of the commercial buildings appear to have been constructed in the 1960s to 1980s, although some motels have been recently upgraded. A portion of the mobile homes are situated along Semeniuk Slough and the Army Corps restored wetlands, while a number of the single - family homes outside the area are also located along the Slough. A mobile home park containing older units, many of which appear to be poorly maintained, is located on the westernmost parcels and a Page 140 74 portion of the tidelands. This site serves as the "entry" to the City and as a portal to the proposed Orange Coast River Park. This area is regulated by an adopted Spec fic Plan, which was intended to promote its orderly development and pmv da sew Go GornrnerGial uses for nearby FAR dRAGOR The 2006 General Plan visioning process found that the West Newport Corridor is among those that require revitalization. Clustering of commercial uses to enhance their economic vitality and improve the appearance of the area was supported, as was the improvement of the quality of commercial development on the Highway. Redevelopment of the westernmost parcel occupied by a trailer park was a high priority for the neighborhood. In 2011, the City Council appointed a Citizen Advisory Panel (CAP) to develop a preliminary design for a Capital Improvement Proiect for beautification of West Coast Highway from the Santa Ana River to the Arches Bridge and of Balboa Boulevard from West Coast Highway to McFadden Souare. In December 2011. the City Council anoroved the landscape design concepts which are intended to wagn-upenhance the corridor and give it a more welcoming feel for residents and visitors of this part of Newoort Beach. Policy Overview The General Plan provides for the improvement of Coast Highway fronting properties in West Newport by concentrating local and visitor - serving retail in two centers at Prospect Street and Orange Street with expanded parking, enhancing existing and allowing additional housing on intervening parcels, and developing a clearly defined entry at its western edge with Huntington Beach. The latter may include improvements that would support the proposed Orange Coast River Park. Goal LU 67.16 A corridor that includes a gateway to the City with amenities that support the Orange Coast River Park, as well as commercial clusters that serve local residents and coastal visitors at key intersections, interspersed with compatible residential development. Policies LAND USES [refer to Figure LU24] LU 6 17x1 7.16.1 Western Entry Parcel [designated as "RM(26 /ac)" and "RM /OS(85du) "I ` g* With ^^M^••^"•• 9FOUPS ^^•"h^ Oa Aty `^ `Facilitate the acquisition of a portion or all of the property as open space, which may be used as a staging area for Orange Coast River Park with parking, park - related uses, and an underpass to the ocean. As an alternative, accommodate multi - family residential on all or portions of the property not used for open space. (Imp 14.3, 23._2 29.1) STRATEGY LU 6A7-2-7.16.2 Improved Visual Image and Quality Implement streetscape improvements consistent with the design concepts developed by the 2011 Citizen Advisory Committee to enhance the area's character and image as a gateway to Newport Beach and develop a stronger pedestrian environment at the commercial nodes. (Imp 20.1) LU 6.47.37.16.3 Streetscape Require that upgraded and redeveloped properties incorporate landscaped setbacks along arterial streets to improve their visual quality and reduce impacts of the corridor's high traffic volumes. (Imp 2.1) OLD NEWPORT BOULEVARD Old Newport Boulevard was formerly the primary roadway leading into the city from the north, containing a diversity of highway- oriented retail and office uses. Shifting of vehicle trips to the parallel (aew}Newport Boulevard reduced the corridor's traffic volumes and economic vitality, resulting in significant changes in its land use mix. Page 141 75 The corridor is abutted by residential neighborhoods to the east and Hoag Hospital west of Newport Boulevard. Today, the area is primarily developed with commercial and professional offices. Secondary uses include personal services, restaurants, and specialty shopping such as home furnishing stores and beauty salons. Most specialty retail appears to occupy converted residential buildings. A number of auto - related businesses and service facilities are located in the corridor. Many of these are incompatible with the predominant pattern of retail service and office uses. Medical office uses have expanded considerably during recent years, due to the corridor's proximity to Hoag Hospital, which is expanding its buildings and facilities. This corridor does not exhibit a pedestrian - oriented character. While there are some walkable areas, Newport Boulevard is wide and there is a mix of uses and lot configurations that do not create a consistent walkway. In 2006 Llittle public input was received pertaining to Old Newport Boulevard during the General Plan's preparation. In general, the preservation of the status quo was supported. Although, the public supported the development of mixed -use buildings that integrate residential with ground floor retail and townhomes on the east side of Old Newport Boulevard as a transition with adjoining residential neighborhoods. Policy Overview In the Old Newport Boulevard area, the General Plan provides for the development of professional offices, retail, and other uses that support Hoag Hospital, and retail uses serving adjoining residential neighborhoods. Pedestrian walkways within and connections west to Hoag Hospital would be improved and streetscapes installed. Goal LU 6 487.17 A corridor of uses and services that support Hoag Hospital and adjoining residential neighborhoods. Policies LAND USES (designated as "CO- G(0.5)," refer to Figure LU251 LU 6.18.17.17.1 Priority Uses Accommodate uses that serve adjoining residential neighborhoods, provide professional offices, and support Hoag Hospital. (Imp 2.1) LU 6.18.2- 7.17.2 Discouraged Uses Highway- oriented retail uses should be discouraged and new "heavy" retail uses, such as automobile supply and repair uses, prohibited. (Imp 2.1) DESIGN AND DEVELOPMENT LU 6.18.37.17.3 Property Design Require that buildings be located and designed to orient to the Old Newport Boulevard frontage, while the rear of parcels on its west side shall incorporate landscape and design elements that are attractive when viewed from Newport Boulevard. (Imp 2.1) LU 6.48.47.17.4 Streetscape Design and Connectivity Develop a plan for streetscape improvements and improve street crossings to facilitate pedestrian access to Hoag Hospital and discourage automobile trips. (Imp 20.1) MARINERS' MILE Mariners' Mile is a heavily traveled segment of Coast Highway extending from the Arches Bridge on the west to Dover Drive on the east. It is developed with a mix of highway- oriented retail and marine - related commercial uses. The latter are primarily concentrated on bay- fronting properties and include boat sales and storage, sailing schools, Page 142 70 marinas, visitor - serving restaurants, and comparable uses. A large site is developed with the Balboa Bay Slob -and Resort, a hotel, private club, and apartments located on City tidelands. A number of properties contain non -marine commercial uses, offices, and a multi -story residential building. Inland properties are developed predominantly for highway- oriented retail, neighborhood commercial services. A number of sites contain automobile dealerships and service facilities and neighborhood serving commercial uses. The latter includes salons, restaurants, apparel, and other specialty shops ranging from wine stores to home furnishings stores. While single use free - standing buildings predominate, there are a significant number of multi - tenant buildings that combine a number of related or complementary uses in a single building or buildings that are connected physically or through design. The Mariners' Mile Strategic Vision and Design Plan provides for the area's evolution as a series of districts serving visitors and local residents. Along the northern portion of Coast Highway in the vicinity of Tustin Avenue, Riverside Avenue, and Avon Street, it provides for a pedestrian - friendly retail district. In the western and easternmost segments, the Plan provides for the infill of the auto oriented retail and visitor- serving commercial uses. Along the Harbor frontage, the Vision and Design Plan emphasizes the development of Harbor - related uses and proposes a continuous pedestrian promenade to create a vibrant public waterfront. Throughout the corridor, the Plan proposes to upgrade its visual character with new landscaping and streetscape amenities, as well as improvements in private development through standards for architecture and lighting. Plans provide for the widening of Coast Highway, reducing the depth of parcels along its length. Recent development projects have set back their buildings in anticipation of this change. Traffic along the corridor and the potential for widening also impact the ability to enhance pedestrian activity and streetscape improvements, unless overhead pedestrian crossings are considered. The 2006 General Plan Vv_isioning process participants identified Mariners' Mile as a location that needs revitalization and suggested that an overall vision be defined to meet this objective. It was also defined as a location appropriate for mixed -use development integrating residential and commercial or office space. A majority opposed hotel development in Mariners' Mile. Participants were divided on the questions of preserving opportunities for coastal - related uses in Mariners' Mile and whether the City should require or offer incentives to ensure such uses. Property owners noted that high land values and rents limit the number of marine - related uses that can be economically sustained in the area. Although the public supported the development of residential in Mariners' Mile, there was a difference of opinion regarding whether it should be located on the Harbor frontage or limited it to inland parcels. In 2011, the City Council also recognized the need to revitalize Mariners' Mile by designating it as one of six "revitalization areas. " - A series of Citizen Advisory Panels were formed to focus on the other revitalization areas which included. Corona del Mar. Balboa Village, Lido Village, West Newport and Santa Ana Heights. The Council's direction indicated a multi - layered approach was required to consider the complex issues within Mariners' Mile. Policy Overview The General Plan provides for the enhanced vitality of the Mariners' Mile corridor by establishing a series of distinct retail, mixed -use, and visitor - serving centers. Harbor- fronting properties would accommodate a mix of visitor - serving retail and marine - related businesses, with portions of the properties available for housing and mixed -use structures. View and public access corridors from Coast Highway to the Harbor would be required, with a pedestrian promenade developed along the length of the Harbor frontage. Parcels on the inland side of Coast Highway, generally between Riverside Avenue and the southerly projection of Irvine Avenue, would evolve as a pedestrian oriented mixed -use "village" containing retail businesses, offices, services, and housing. Sidewalks would be improved with landscape and other amenities to foster pedestrian activity. Inland properties directly fronting onto Coast Highway and those to the east and west of the village would provide for retail, marine - related, and office uses. Streetscape amenities are proposed for the length of Mariners' Mile to improve its appearance and identity. Goal LU 6.497.18 A corridor that reflects and takes advantage of its location on the Newport Bay waterfront, supports and respects adjacent residential neighborhoods and exhibits a quality visual image for travelers on Coast Highway. Page 143 77 Policies F-91:1118101:1.1 LU 6. "o .1 7.18.1 Differentiated Districts Differentiate and create cohesive land use districts for key subareas of Mariners' Mile by function, use, and urban form. These should include (a) harbor - oriented uses with limited residential along the waterfront, (b) highway- oriented commercial corridor (see Figure LU26), and (c) community /neighborhood serving "village" generally between Riverside Avenue and the southerly extension of Irvine Avenue. (Imp 1.1, 2.1. 20.1. 20.2) LAND USES (refer to Figure LU26) LU 6.1- 9.27.18.2 Bay Fronting Properties [designated as °MU -W1" Sub -Area A Encourage marine - related and visitor - serving retail, restaurant, hotel, institutional4recreational, and recreational uses, and allow residential uses above the ground floor on parcels with a minimum frontage of 200 lineal feet where a minimum of 50 percent of the permitted square footage shall be devoted to nonresidential uses. No more than 50 percent of the waterfront land area between the Arches Bridge and the Boy Scout Sea Base may be developed with mixed -use structures. (Imp 2.1, 5.1, 24.1) LU 6x49.37.18.3 Marine - Related Businesses Protect and encourage facilities that serve marine - related businesses and industries unless present and foreseeable future demand for such facilities is already adequately provided for in the area. Encourage coastal- dependent industrial uses to locate or expand within existing sites and allow reasonable long term growth. (Imp 2.1, 5.1, 24.1) LU 6x19.47.18.4 Inland side of Coast Highway [designated as "MU -11-111," "CG(0.3)," and "CG(0.5)" Sub -Areas B and C] Accommodate a mix of visitor- and leeal- resident- serving retail commercial, residential, and public uses. The Coast Highway frontage shall be limited to nonresidential uses. On inland parcels, generally between Riverside Avenue and Tustin Avenue, priority should be placed on accommodating uses that serve upland residential neighborhoods such as greseq-steres- specialty retail, small service office, restaurants, coffee shops, and similar uses. (Imp 2.1, 5.1) LU 6.19.57.18.5 Parking Require adequate parking and other supporting facilities for charters, yacht sales, visitor- serving, and other waterfront uses. (Imp 2.1, 5.1) DESIGN AND DEVELOPMENT Corridor LU 6x19.67.18.6 Corridor Identity and Quality Implement landscape, signage, lighting, sidewalk, pedestrian crossing, and other amenities consistent with the Mariners M !a Specific Plan District and Mariners' Mile Strategic Vision and Design Plan. (Imp 20.1) Harbor - Fronting Properties LU 6 'a 19 7.18.7 Architecture and Site Planning While a diversity of building styles is encouraged, the form, materials, and colors of buildings located along the harbor front should be designed to reflect the area's setting and nautical history. (Imp 8.1, 8.2) LU 6.49.87.18.8 Integrating Residential -Site Planning Principles Permit properties developed for residential to locate the units along the Harbor frontage provided that portions of this frontage are developed for (a) retail, restaurant, or other visitor - serving uses and (b) plazas and other open spaces that provide view corridors and access from Coast Highway to the Harbor. The amount of Harbor frontage allocated for each use shall be determined by the City during the Development Plan review process. (Imp 2.1, 5.1) Page 144 Fi LU 8'11.97.18.9 Harbor and Bay Views and Access Require that buildings be located and sites designed to provide clear views of and access to the Harbor and Bay from the Coast Highway and Newport Boulevard rights -of -way in accordance with the following principles, as appropriate: • Clustering of buildings to provide open view and access corridors to the Harbor Modulation of building volume and masses • Variation of building heights • Inclusion of porticoes, arcades, windows, and other "see- through" elements in addition to the defined open corridor • Minimization of landscape, fencing, parked cars, and other nonstructural elements that block views and access to the Harbor Prevention of the appearance of the public right -of -way being walled off from the Harbor • Inclusion of setbacks that in combination with setbacks on adjoining parcels cumulatively form functional view corridors • Encouragement of adjoining properties to combine their view corridors that achieve a larger cumulative corridor than would have been achieved independently A site - specific analysis shall be conducted for new development to determine the appropriate size, configuration, and design of the view and access corridor that meets these objectives, which shall be subject to approval in the Development Plan review process. (Imp 2.1) LU 8,1- 9.1 -0- 7.18.10 Waterfront Promenade Require that development on the bay frontage implement amenities that ensure access for coastal visitors. Pursue development of a pedestrian promenade along the Bayfront. (Imp 2.1, 20.2) LU 7.18.11 Guiding Development of a District Corridor Initiate a process to review and, as appropriate, revise existing development standards and the Mariners' Mile Strategic Vision and Design Framework to 0) encourage less intensity along the Bayfront in exchange for more intensity of inland parcels and (ii) ensure they adequately implement the vision for the form and quality of Mariners' Mile's coastal and inland development for such elements as viewshed and resource protection; building location, scale, mass, and heights: architectural character and design: streetscape amenities: site access and parking: traffic and connectivity to the Bayfront. (Imp 2.1, 5.1, 16.10, 20.2) Community /Neighborhood Village LU 14A47.18.12 Pedestrian- Oriented Village Require that inland properties that front onto internal streets within the Community /Neighborhood Village locate buildings along and forming a semicontinuous building wall along the sidewalk, with parking to the rear in structures or in shared facilities and be designed to promote pedestrian activity. (Imp 2.1, 16.10) LU 6_10—i27.18.13 Properties Abutting Bluff Faces Require that development projects that abut coastal bluffs locate and design buildings to maintain the visual quality and maintain the structural integrity of the bluff faces. (Imp 2.1) STRATEGY LU R 40 .19.13 7.18.14 Lot Consolidation on Inland Side of Coast Highway Permit development intensities in areas designated as "CG(0.3)" to be increased to a floor area ratio of 0.5 where parcels are consolidated to accommodate larger commercial development projects that provide sufficient parking. (Imp 2.1, 5.1 16.10) LU 5 -0°-..4A7.18.15 Parking Lot Relocation Page 145 �J Consider options for the relocation of the City parking lot on Avon Street to better support the corridor's retail uses. (Imp 16.10) 11161915 Postal rUntrihufmon Canter Ralonnfion n... 4 4.14) c,,m- ^*-r LU 6'149 467.18.16 Parking and Supporting Facilities for Waterfront Uses Explore additional options for the development and location of parking and other supporting facilities for charters, yacht sales, and other waterfront uses. (Imp 16.10) CORONA DEL MAR The Corona del Mar corridor extends along Coast Highway between Avocado Avenue and Hazel Drive. It is developed with commercial uses and specialty shops that primarily serve adjoining residential neighborhoods, with isolated uses that serve highway travelers and coastal visitors. Among the area's primary uses are restaurants, home furnishings, and miscellaneous apparel and professional offices including architectural design services. Almost half of the commercial uses are located in multitenant buildings with retail on the ground floor and professional services above. Other uses include the Sherman Library and Gardens, a research library and botanical garden open to the public, and an assisted - living residential complex. Buildings in the Corona del Mar corridor mostly front directly on and visually open to the sidewalks, with few driveways or parking lots to break the continuity of the "building wall' along the street. These, coupled with improved streetscape amenities, landscaped medians, and a limited number of signalized crosswalks, promote a high level of pedestrian activity. The Corona del Mar Vision Plan, developed by the Business Improvement District, is intended to enhance the shopping district through community improvements. These envision a linear park -like environment with extensive sidewalk landscaping, street furniture, pedestrian- oriented lighting fixtures, activated crosswalks, parking lanes, and comparable improvements. Visioning process participants expressed support for protecting Corona del Mar as an important historic commercial center that serves adjoining neighborhoods. In 2011, the City Council appointed a Citizen Advisory Panel (CAP) to develop a preliminary design of a Capital Improvement Proiect for beautification of the south side of East Coast Highway from Avocado Avenue to Dahlia Avenue. This effort also included the preparation of an Entryway Enhancement Proiect in coordination with the Corona del Mar Business Improvement District. Policy Overview The General Plan sustains Corona del Mar as a pedestrian- oriented retail village that serves surrounding neighborhoods. New development largely would occur as replacement of existing uses and developed at comparable building heights and scale. Additional parking would be provided by the re -use of parcels at the rear of commercial properties and /or in shared parking lots or structures developed G4;-near Coast Highway. Goal LU 6.287.19 A pedestrian- oriented "village" serving as the center of community commerce, culture, and social activity and providing identity for Corona del Mar. Policies LAND USES [designated as "CC," refer to Figure LU27] LU 6.2847.19.1 Primary Uses Accommodate neighborhood- serving uses that complement existing development. (Imp 2.1) Page 146 - LU 6.S9.Z7.19.2 Shared Parking Structures Accommodate the development of structures on public or private parcels or other publichorivate arrangement that provides additional off - street parking ea- parselsfor multiple businesses along the corridor, provided that the ground floor of the street-corridor frontage is developed for pedestrian - oriented - retail uses. (Imp 2.1, 16.10) LU 6.29.37.19.3 Expanded Parking Accommodate the redevelopment of residential parcels immediately adjoining commercial uses that front onto Coast Highway for surface parking, provided that adequate buffers are incorporated to prevent impacts on adjoining residential (see "Design and Development' below). (Imp 2.1) DESIGN AND DEVELOPMENT LU 6.29.47.19.4 Pedestrian - Oriented Streetscapes Work with business associations, tenants, and property owners to implement Corona del Mar Vision Plan streetscape improvements that contribute to the corridor's pedestrian character. (Imp 20.1) STRATEGY LU 6.,29,57.19.5 Complement the Scale and Form of Existing Development Permit new commercial development at a maximum intensity of 0.75 FAR, but allow existing commercial buildings that exceed this intensity to be renovated, upgraded, or reconstructed to their pre- existing intensity and, at a minimum, preexisting number of parking spaces. (Imp 2.1) LU 6.Z 9.67.19.6 Expanded Parking Opportunities Work with local businesses and organizations to explore other methods to provide parking convenient to commercial uses, such as a parking district or relocation of the City parking lot at the old school site at 4th Avenue and Dahlia Avenue. (Imp 16.10) Page 147 rte' INTENTIONALLY BLANK PAGE R2 Planning Commission Resolution No. XX EXHIBIT D ANOMALY TABLE (LU2) AND AFFECTED MAPS The anomaly table includes land use transfers conducted since adoption of the 2006 General Plan and do not require approval with this amendment. The proposed amendment are highlighted. 2S INTENTIONALLY BLANK PAGE R4 Table Anomaly Number Statistical Area Land Use Designation . Development Limit (st) Development Limit (Other) Additional Information 1 L4 MU -142 460,095 471 Hotel Rooms (not included in total square footage) 2 L4 MU -112 1,052,880 2.1 L4 MU -H2 16,810 11,544 sf restricted to general office use only (included in total square footage) 3 L4 CO -G 734,641 4 L4 MU -H2 250;47885 000 850 Dwelling Units: 150 Hotel Rooms (not included in total square foots e 5 L4 MU -H2 32,500 6 L4 MU -H2 46,044 Congregate care use allowed with development limit of 148,000 sf if project istrip- neutral 7 L4 MU -1-12 81,372 8 L4 MU -112 442,775 9 L4 CG 120,000 164 Hotel Rooms (included in total square footage) 10 L4 MU -H2 31,362 349 Hotel Rooms (not included in total square footage) 11 L4 CG 11,950 12 L4 MU -112 457,880463409 13 L4 G"CG 288r264292J064 278,264 sf Office and 11,800 sf Commercial or Office 14 L4 CO- GIMU -H2 860,884 15 L4 MU -112 228,214 16 L4 CO -G 344,231 17 L4 MU -H2 33,292 384256 Hotel Rooms (not included in total square footage) 18 L4 CG 225,280 19 L4 CG 228,530226 910 21 J6 CO -G 687,000 Office: 660,000 sf: Retail: 27,000 sf CV 300 Hotel Rooms 22 J6 CO -G 70,000 Restaurant: 8000 sf, or Office: 70,000 sf 23 K2 PR 15,000 24 L3 IG 89,624 25 L3 PI 84,585 26 L3 IG 33,940 27 L3 IG 86,000 28 L3 IG 110,600 29 L3 CG 47,500 30 M6 CG 54BBB505y62 31 L2 PR 75,000 32 L2 PI 34,000 33 M3 PI 163,680 Administrative Office and Support Facilitates: 30,000 sf Community Mausoleum and Garden Crypts: 121,680 sf Family Mausoleums: 12,000 sf POW Error! No text of specified stvle in document. Table Anomaly Number Anomaly Statistical Area Land Use Designation Development Limit (St) Development Limit (Other) Additional Information 34 L1 CO -R 484,348 35 L1 CO -R 4WG%50 246 35.1 L1 MU -113 32 500 35.2 C1 MU -H3 125 Hotel Rooms 36 L1 CO -R 227,797 37 L1 CO -R 131,201 2,050 Theater Seats (not included In total square footage) 38 L1 CO -M 443,627 39 L1 MU -113 498,984697059 40 L1 1 4426,6341.593.109 425-295 Hotel Rooms (included in total Square Footage) 41 L1 CO -R 327,671 42 L1 CO -R 286,166 43 L1 Cv 64532 Hotel Rooms 44 L1 CR 7419 -59 1,6 66,025 1 X700 680Theater Seats (not Included in total square footage) 45 L1 CO -G 162,364 46 L1 MU -H3/PR 3,725 24-7 Tennis Courts and 27 Hotel Rooms (not included In total square Residential permitted in accordance with MU -H3. fools e 47 Ll CG 105,000 48 L1 MU-H3 337;26195 550 524 Dwelling Units Residential permitted in accordance with MU -H3. 49 L1 PI 45,208 50 L1 CG 25,000 51 K1 PR 20,000 52 1 Cv 479 Hotel Rooms 53 K1 PR 567,500 See Settlement Agreement 54 11 CM 2,000 55 H3 PI 119,440 56 A3 pl 1,343,238 990,349 sf Upper Campus 577,889 sf Lower Campus In no event shall the total combined gross Floor area of both campuses exceed the development limit of 1,343,238 sq. ft. 57 Intentionally Blank 58 J5 PR 20,000 59 H4 MU -W1 247,402 144 Dwelling Units (included in total square footage) 60 N Cv 2,660,0001,659,000 2x -501 149 Hotel Rooms (included in total square footage) 61 N Cv 125,000 62 L2 CG 2,300 63 GI CN 66,00865634 64 M3 CN 7400072143 65 M5 CN 80,000 66 J2 CN x-38300121_986 67 D2 PI 20,000 68 L3 PI 71,150 ©Newport Beach General Plan g� Error! No text of specified stvle in document. Table Anomaly Anomaly Statistical Land Use Development Number Area Designation Limit (st) Development Limit (Other) Additional Information 69 K2 CN 75,000 70 D2 RM -D Parking Structure for Bay Island (No Residential Units) 71 Ll CO -G 11,630 72 L1 CO -G 8,000 73 A3 CO -M 350,000 74 L1 PR 56,000 City Hall, and the administrative offices 75 L1 PF of the City of Newport Beach, and related parking, pursuant to Section 425 of the City Charter. 1.0 FAR permitted, provided all four 76 H1 CO -G 0.5 FAR legal lots are consolidated into one parcel to provide unified site design 77 H4 CV 240,000 157 Hotel Rooms (included in total square footage) 78 B5 CM 139,840 Development limit of 19,905 sq.ft. 79 H4 CG 0,310.5 permitted, provided all six legal lots are consolidated into one parcel to provide unified site design 80 Reserved 81 Reserved 82 N CN 103912 83 329 Dwelling Units (not included in L4 MU -H2 545 000 total square footage) Rectorial Office: 500,000 sf 84 L1 CO -R, CO -M, 550,000 500 Dwelling Units (not included in Regional Commercial 50,000 sf CR, MU=H3 total square foota(le) Allowed in Statistical Area L1 in addition to other development limits Newport Beach General Plan g FARAD ST Existing: Multi-Unit Residential ti N Y O i D U Proposed: I' —1 16TH ST W Ne � BOG I s \ `�q Ile CO -M PRODUCTION PL RM PF i r i CO -M e °moo �P 15TH ST W BLUEFIN CT , /`9 PF ' �SHELLPRINT v Rq HAVYARD M� vm � 'Aq�, hq�" aO Gsa`Q ,o FVp m" ti CO- �P S� HOSPITAL RD HOSPITAL RD O y N O HOSPITAL RD d, pJ p N MC NBIL ODR %� �� e o Too aoo DA C °O Feet m N0��0 Map Reference 1° 1526 Placentia Ave City of Newport Beach (King's Liquor) GIS Division May 29, 2014 Map_I_Kings_Llrryo —d RO cy Fsr F Ry,T PJ� Jr' 001E sT oq0 I qO� , / 01� q'ST I / v ery / 'ST / PF 9 / OOiF Cq �qY SR O ST • n.. _ _., n0. / yS / T / / e 0 ee 0 CN r P 0� " ?) MU -H1 Map Reference 3 Westcliff Plaza �jEW Wy+ i' City of Newport Beach GIB Division Moy 28, 2014 'N. AO e i- o soo cco Feet �i MU -H2 G i / AO CG/ 14 MU -H2 CO -G 12 MU -H2 I' i OS Ual Map Reference 4 Airport Area City of Newport Beach GIS Division Mat, 29, 2014 RM 03 PR pe kc -: e Rao s R &A RA4 R: PF MU -H3 RS -D {: FS G pl r OS RF RM MU -H3 RM xi MU H3 9 ✓� PF COW 9 R6p ti , 03 GO -R v R3-0 ® pp_R — cN RS _ ..m Rs -D - MU -H PR Rs -O Q Os R80 RS -p RS -O GC -G Q RS Rs -D Os CO R ® RS -D P P PR Os Rs .D RS -D RS A Rs -p Rs E s Ro RS o Rs -a PI Rso o -p RS -D Rs G -�. 500 1,000 pul� Fect x... PF Rs -O PP PR Os Map Reference 5` E Statistical Area L1 City of Newport Beach GIS See Table LU2 - Create Anomaly 84 .,29Division 21 May 29, 2014 Map_5_Newport Center —d INTENTIONALLY BLANK PAGE zoo Planning Commission Resolution No. XX EXHIBIT E GLOSSARY AND IMPLEMENTATION PROGRAM REVISIONS 101 INTENTIONALLY BLANK PAGE 102 CHAPTER 13 Implementation Program Addendum 2014 Land Use Element Amendment Retained and modified 2014 Land Use Element Amendment policies will continue to be implemented by the programs in Chapter 13 of the General Plan. The Amendment also established new policies focusing on best planning practices addressing such topics as sustainability, climate change, and healthy communities which have emerged since adoption of the 2006 General Plan. The following implementation policies are intended to implement the new policies. 32. CLIMATE ACTION PLAN Overview A Climate Action Plan (CAP) is a commonly used tool enabling local municipalities to comply with State requirements for the reduction of greenhouse gas emissions (GHG) including Executive Order S -3 -05; Assembly Bill 32, The California Global Warming Solutions Act of 2006; and Senate Bill 375. For Orange County communities, a CAP also enables local consistency with the Orange County Sustainable Communities Strategy ( OCSCS). The California Air Resources Board (CARB) established regional targets for the reduction of GHG emissions in compliance with Senate Bill 375, which are addressed in the Southern California Association of Governments' (SCAG's) SCS. As a SCAG sub - region, Orange County was permitted to prepare its own SCS, which was integrated into the broader SCAG plan. The OCSCS strategies are collectively referred to as "sustainability" strategies and include both land use and transportation improvements. Those related to land use support transit - oriented development, infill housing and mixed -use development, improved jobs- housing ratios, land use patterns that encourage the use of alternatives to single- occupant vehicles, and retention and /or development of affordable housing. While SB 375 and the OCSCS do not regulate land in Newport Beach, many of their objectives and strategies are achieved in this General Plan. Examples include the Plan's designation of properties in Newport Center, the Airport Area, Mariners' Mile, and Lido Peninsula for rr xed -use development and policies for enhanced pedestrian- oriented amenities and walkability. Additionally, the adoption of the Green Building Code, revision of Title 24, Energy Action Plan (EAP), and water conservation and waste diversion requirements are significant elements of a GHG reduction strategy. Cumulatively, these contribute to Newport Beach's compliance with mandates of the California Environmental Quality Act (CEQA), which require analysis of the General Plan's GHG emissions, malting a conclusion regarding their significance, and specification of appropriate mitigation measures to reduce these impacts. A CAP, as a supplement to a general plan, provides analyses of the GHG emissions attributable to the community; estimates of how those emissions are expected to increase to 2020 and the horizon year of the General Plan; and recommended policies and actions that can reduce GHG emissions to meet regional and state targets Zo3 INTENTIONALLY BLANK PAGE 104 Programs Imp 32.1 Prepare a Climate Action Plan The General Plan's updated Land Use Element goals and policies were written in consideration of the State's climate change legislation and OCSCS. As described above, many of its goals and policies, coupled with recent regulatory changes, constitute local measures contributing to reduction of GHG emissions and can be incorporated in a CAP for Newport Beach. Additionally, analyses conducted for the Supplemental Environmental Impact Report (SEIR) can be used in describing the existing and future GHG emission inventories. A final CAP will supplement these with a description and analysis of the impacts of contributing State regulations and actions and indirect, external initiatives such as requirements for Southern California Edison for the use of alternative energy- generating systems. 33. ENERGY ACTION PLAN (EAP) Overview As discussed for the previous implementation program, the reduction of energy consumption is a major contributor to the objective of reducing GHG emissions. The Energy Action Plan (EAP) was prepared to facilitate Newport Beach's reduction of energy used in facility buildings and operations and raising the energy conservation awareness of the local community. This includes energy measures that have previously and are currently being implemented. Programs Imp 33.1 Administer the Energy Action Plan (EAP) Continue to implement the actions described in the EAP for conserving energy and reducing the carbon footprint. On development and approval of a CAP, integrate these actions and /or continue to administer independently. 34. Energy Overview Electricity in the City is provided by Southern California Edison. Gas is provided by Southern California Gas Company. In 2011, the City entered into a joint partnership with Southern California Edison (SCE) via the Orange County Cities Energy Leadership Partnership Program. The Partnership allows the City to be incentivized for electricity and natural gas saved for municipal retrofit projects and community outreach efforts and provides a performance -based opportunity for the City to demonstrate energy efficiency leadership in its community through energy saving actions, including retrofitting its municipal facilities as well as providing opportunities for constituents to take action in their homes and businesses. 105 INTENTIONALLY BLANK PAGE 100 Programs Imp 34.1 Maintain and Implement Energy Management Plans and Encourage Conservation Information regarding the General Plan's development capacities shall be forwarded by the City to the Southern California Edison and the Southern California Gas Company as the basis for their consideration of the adequacy of existing and planned improvements to meet the needs of existing and future populations. Required facility improvements shall be budgeted by each agency, including, where appropriate, the City's five year and annual Capital Improvement Programs. In addition, the City should encourage cooperative strategies to promote the conservation of energy. These strategies should be reviewed periodically for their effectiveness and updated in the plans to reflect best management practices. 2O7 CHAPTER 14 Glossary 2014 Land Use Element Amendment Retained and modified 2014 Land Use Element Amendment policies will continue to be informed by the definitions outlined in Chapter 14 of the General Plan. The Amendment also established new policies focusing on best planning practices addressing such topics as sustainability, climate change, and healthy communities which have emerged since adoption of the 2006 General Plan. Not all terms defined in the Glossan, are used in the General Plan. Definitions aooly regardless whether they are capitalized in the text of the General Plan. Access —A way of approaching or entering a property, including ingress (the right to enter) and egress (the right to leave). Accrete —To add new material gradually to pre - existing material; opposite of erode. Accretion — Enlargement of a beach area caused by either natural or artificial means. Natural accretion on a beach is the build -up or deposition of sand or sediments by water or wind. Artificial accretion is a similar build -up due to human activity, such as the accretion due to the construction of a groin or breakwater, or beach fill deposited by mechanical means. Acres, Net —The portion of a site that can actually be built upon. The following generally are not included in the net acreage of a site: public or private road right -of -way, public open space, and floodways. ADT —See Average Daily Traffic Air Basin —One of 14 self - contained regions in California minimally influenced by air quality in contiguous regions. Air Pollutant Emissions— Discharges into the atmosphere, usually specified in terms of weight per unit of time for a given pollutant from a given source. Air Pollution —The presence of contaminants in the air in concentrations that exceed naturally occurring quantities and are undesirable or harmful. Airport- related Business —A use that supports airport operations including, but not limited to, aircraft repair and maintenance, flight instruction, and aircraft chartering. Air Quality Standards —The prescribed level of pollutants in the outside air that cannot be exceeded legally during a specified time in a specified geographical area. Alley —A narrow service way, either public or private, that provides a permanently reserved but secondary means of public access not intended for general traffic circulation. Alleys typically are located along rear property lines. Alluvial —Soils deposited by stream action. Alquist - Priolo Earthquake Fault Zoning Act — California state law that mitigates the hazard of surface faulting to structures for human occupancy. Ambient— Surrounding on all sides; used to describe measurements of existing conditions with Page I 1 W: respect to traffic, noise, air and other environments Ambient Noise Level– The combination of noise from all sources near and far. In this context, the ambient noise level constitutes the normal or existing level of environmental noise at a given location. Anaerobic Soil —Soil that is devoid of interstitial oxygen. In wetlands this condition most normally occurs because of the sustained presence of water, which limits contact with the atmosphere. Anchorage Area —A water area outside of navigation channels designated for the temporary anchorage of vessels, using their own anchoring tackle. Annexation —The incorporation of a land area into an existing city with a resulting change in the boundaries of that city. Apartment —(1) One or more rooms of a building used as a place to live, in a building containing at least one other unit used for the same purpose. (2) A separate suite, not owner occupied, that includes kitchen facilities and is designed for and rented as the home, residence, or sleeping place of one or more persons living as a single housekeeping unit. Appealable Area —That portion of the coastal zone within an appealable area boundary adopted pursuant to Section 30603 of the California Coastal Act and approved by the Coastal Commission and depicted on the Permit and Appeal Jurisdiction Map. Approach Zone —The air space at each end of a landing strip that defines the glide path or approach path of an aircraft and which should be free from obstruction. Aquifer —An underground bed or layer of earth, gravel, or porous stone that contains water. Area; Area Median Income —As used in California housing law with respect to income eligibility limits established by the U.S. Department of Housing and Urban Development (HUD), "area" means metropolitan area or nonmetropolitan county. In non - metropolitan areas, the "area median income" is the higher of the county median family income. Armor —To fortify a topographical feature to protect it from erosion (e.g., constructing a wall to armor the base of a sea cliff). Arterial —A major street carrying the traffic of local and collector streets to and from freeways and other major streets, with controlled intersections and generally providing direct access to nonresidential properties. Artificial Hard Structure— Docks, floats, boat bottoms, bulkheads, seawalls, and other hard surfaces that provide attachment surfaces for marine organisms. ASBS —Area of Special Biological Significance designation by the California Water Resources Control Board for a coastal habitat that is susceptible to the effects of waste discharge. Assisted Housing — Generally multi-family rental housing, but sometimes single - family ownership units, whose construction, financing, sales prices, or rents have been subsidized be federal, state, or local housing programs, including, but not limited to, federal Section 8 (new construction, substantial rehabilitation, and loan management set - asides), federal Sections 213, 236, and 202, federal Section 221(d)(3) (below- market interest rate program), federal Section 101 (rent supplement assistance), CDBG, FmHA Section 515, multi- family mortgage revenue bond programs, local redevelopment and in lieu fee programs, and units developed pursuant to local inclusionary housing and density bonus programs. Page 1 2 Zo9 Average Daily Traffic (ADT)— Number of vehicles (cars, trucks, etc.) on a road over a 24 -hour period (measured in vehicles per day). A- Weighted Decibel or dB(A) —A numerical method of rating human judgment of loudness. The A- weighted scale reduces the effects of low and high frequencies in order to simulate human hearing. Backbeach (Dry Beach) —The sand area inundated only by storm tides or extreme high tides. These areas supply sands to the dune system. Base Flood Elevation —The highest elevation, expressed in feet above sea level, of the level of flood waters expected to occur during a 100 -year flood (i.e., a flood that has one percent likelihood of occurring in any given year). Beach Nourishment Program —Plan for conducting a series of beach nourishment projects at a specific location, typically over a period of 50 years. The program would be based on establishing the technical and financial feasibility of beach nourishment for the site and would include plans for obtaining funding and sources of sand for its duration. Beach Nourishment Project — Placement of sand on a beach to form a designed structure in which an appropriate level of protection from storms is provided and an additional amount of sand (advanced fill) is installed to provide for erosion of the shore prior to the anticipated initiation of a subsequent project. The project may include dunes and /or hard structures as part of the design. Beach —The expanse of sand, gravel, cobble or other loose material that extends landward from the low water line to the place where there is distinguishable change in physiographic form, or to the line of permanent vegetation. The seaward limit of a beach (unless specified otherwise) is the mean low water line. Bed and Breakfast — Usually a dwelling unit, but sometimes a small hotel, that provides lodging and breakfast for temporary overnight occupants, for compensation. Bedrock —Solid rock underlying soil and younger rock layers; generally the oldest exposed geological unit. Berm —A nearly horizontal portion of the beach or backshore formed by the deposit of material by wave action. Some beaches have no berms and others may have one or several. Berth —A generic term defining any location, such as a floating dock, slip, mooring and the related water area (berthing area) adjacent to or around it, intended for the storage of a vessel in water. Best Management Practices (BMPs)— Schedules of activities, prohibitions of practices, operation and maintenance procedures, and other management practices to prevent or reduce the conveyance of pollution in stormwater and urban runoff, as well as, treatment requirements and structural treatment devices designed to do the same. Bicycle Lane (Class II facility) —A corridor expressly reserved for bicycles, existing on a street or roadway in addition to any lanes for use by motorized vehicles. Bicycle Path (Class I facility) —A paved route not on a street or roadway and expressly reserved for bicycles traversing an otherwise unpaved area. Bicycle paths may parallel roads but typically are separated from them by landscaping. Bicycle Route (Class III facility) —A facility shared with motorists and identified only by signs, a bicycle route has no pavement markings or lane stripes. Page 1 3 ZZ0 Bikeways —A term that encompasses bicycle lanes, bicycle paths, and bicycle routes Biodiversity —A term used to quantitatively or qualitatively describe the species richness and abundance of plants and animals within an ecosystem. Biological Community —A naturally occurring group of different plant and animals species that live in a particular environment. Bluff Edge —The upper termination of a bluff, cliff, or seacliff. In cases where the top edge of the bluff is rounded away from the face of the bluff as a result of erosional processes related to the presence of the steep bluff face, the bluff line or edge shall be defined as that point nearest the bluff beyond which the downward gradient of the surface increases more or less continuously until it reaches the general gradient of the bluff In a case where there is a steplike feature at the top of the bluff face, the landward edge of the topmost riser shall be taken to be the bluff edge. Bluff edges typically retreat landward due to coastal erosion, landslides, development of gullies, or by grading (cut). In areas where the bluff top or bluff face has been cut or notched by grading, the bluff edge shall be the landward most position of either the current of historic bluff edge. In areas where fill has been placed near or over the historic bluff edge, the original natural bluff edge, even if buried beneath fill, shall be taken to be the bluff edge. Bluff Face —The portion of a bluff between the bluff edge and the toe of the bluff. Bluff Top Retreat (or cliff top retreat) —The landward migration of the bluff or cliff edge, caused by marine erosion of the bluff or cliff toe and subaerial erosion of the bluff or cliff face. Bluff, Coastal —A bluff overlooking a beach or shoreline or that is subject to marine erosion. Many coastal bluffs consist of a gently sloping upper bluff and a steeper lower bluff or sea cliff. The term "coastal bluff" refers to the entire slope between a marine terrace or upland area and the sea. The term "sea cliff' refers to the lower, near vertical portion of a coastal bluff. For purposes of establishing jurisdictional and permit boundaries coastal bluffs include, (1) those bluffs, the toe of which is now or was historically (generally within the last 200 years) subject to marine erosion; and (2) those bluffs, the toe of which is not now or was not historically subject to marine erosion, but the toe of which lies within an area otherwise identified as an Appealable Area. Bluff —A high bank or bold headland with a broad, precipitous, sometimes rounded cliff face overlooking a plain or body of water. A bluff may consist of a steep cliff face below and a more sloping upper bluff above. Breach —A breakthrough of part, or all, of a protective wall, beach sand barrier, beach berm, or the like by ocean waves, river or stream flow, mechanical equipment, or a combination of these forces. Breaching is sometimes purposefully done to protect a region from river overflow. Breakwater —A structure or barrier protecting a shore area, harbor, anchorage, or basin from waves, usually constructed as a concrete or riprap (rock wall) structure. Buffer —A strip of land designated to protect one tape of land use from another incompatible use. Where a commercial district abuts a residential district, for example, additional use, yard, or height restrictions may be imposed to protect residential properties. The term may also be used to describe any zone that separates two unlike zones, such as a multi -family housing zone between single- family housing and commercial uses. Building —Any structure having a roof supported by columns or walls and intended for the shelter, housing or enclosure of any individual, animal, process, equipment, goods, or materials of any kind or nature. Page 1 4 111 Building Height —The vertical distance from the average contact ground level of a building to the highest point of the coping of a flat roof or to the deck line of a mansard roof or to the mean height level between eaves and ridge for a gable, hip, or gambrel roof. The exact definition varies by community. For example, in some communities building height is measured to the highest point of the roof, not including elevator and cooling towers. Buildout; Build- out — Development of land to its full potential or theoretical capacity as permitted under current or proposed planning or zoning designations. (see "Carrying Capacity (3).'� Bulkhead Line — Harbor land /water perimeter lines established in Newport Harbor by the federal government, which define the permitted limit of filling or solid structures that may be constructed in the Harbor. Bulkhead — Vertical walls built into and along the Harbor shoreline preventing the erosion of land into the water and to protect the land from wave, tide and current action by the water, similar to a "retaining wall" on land. Bulkheads may be directly bordered by water, or may have sloped stones (riptap) or sand beach between the bulkhead and the water and land areas. Busway —A vehicular right -of -way or portion thereof —often an exclusive lane— reserved exclusively for buses. California Environmental Quality Act (CEQA) —A state law (California Public Resources Code Section 21000 et seq.) requiring state and local agencies to regulate activities with consideration for environmental protection. If a proposed activity has the potential for a significant adverse environmental impact, an Environmental Impact Report (EIR) must be prepared and certified as to its adequacy before taking action on the proposed project. General Plans usually require the preparation of a "Program FIR." California Housing Finance Agency (CHFA) —A state agency, established by the Housing and Home Finance Act of 9975, authorized to sell revenue bonds and generate funds for the development, rehabilitation, and conservation of low- and moderate - income housing. California Least Tern —An endangered bird species that nests on beaches and in salt marshes along California; smallest of the terns. Caltrans— California Department of Transportation. Canyon Edge —The upper termination of a canyon: In cases where the top edge of the canyon is rounded away from the face of the canyon as a result of erosional processes related to the presence of the canyon face, the canyon edge shall be defined as that point nearest the canyon beyond which the downward gradient of the surface increases more or less continuously until it reaches the general gradient of the canyon. In a case where there is a steplike feature at the top of the canyon face, the landward edge of the topmost riser shall be taken to be the canyon edge. Capital Improvement Program (CIP) —A proposed timetable or schedule of all future capital improvements (government acquisition of real property, major construction project, or acquisition of long lasting, expensive equipment) to be carried out during a specific period and listed in order of priority, together with cost estimates and the anticipated means of financing each project. Capital improvement programs are usually projected five or six years in advance and should be updated annually. Carbon Dioxide —A colorless, odorless, non - poisonous gas that is a normal part of the atmosphere Page 1 5 112 Carbon Monoxide —A colorless, odorless, highly poisonous gas produced by automobiles and other machines with internal combustion engines that imperfectly burn fossil fuels such as oil and gas. Caulerpa Algae —An invasive Mediterranean seaweed introduced to southern California in 2000 that has a potential to cause severe ecological damage to coastal and nearshore waters. CDFG — California Department of Fish and Game (also known as DFG). Census —The official decennial enumeration of the population conducted by the federal government. Channel —A water area in Newport Harbor designated for vessel navigation, with necessary width and depth requirements, and which may be marked or otherwise designated on federal navigation charts, as well as in other sources. Charter Vessel —A vessel used principally for charter purposes, a "charter" being a rental agreement, generally for a period of one day or more. City —City, with a capital "C," generally refers to the government or administration of a city. City, with a lower case "c" may mean any city. City Council—The governing board of the City. The €weseven- member elected council is responsible to the electorate for keeping pace with changing community needs, for establishing the quality of municipal services through the open conduct of public affairs, and for encouraging constructive citizen participation. Clast —An individual constituent, grain, or fragment of a sediment or rock, produced by the mechanical weathering (disintegration) of a larger rock mass. Cliff —A high, very steep to perpendicular, or overhanging face of rock Climate Action Plan (CAP) —A policy- document enabling Newport Beach to comply with State requirements for the reduction of greenhouse gas emissions including Executive Order 5 -3 -05; Assembly Bill 32, The California Global Warming Solutions Act of 2006; and Senate Bill 375 and consistency with the Orange County Sustainable Communities Strategy. CAPS provide analyses of the GHG emissions attributable to the community; estimates of how those emissions are expected to increase to 2020 and the horizon year of the General Plan; and recommended policies and actions that can reduce GHG emissions to meet regional and state targets. Climate Change — Changes in average winter and spring temperatures during the past 50 `•cars, xvith reduction in sn=ack coverage, water runoff and supply, and drier vegetative cover, and chafes in sea level. Cluster Development — Development in which a number of dwelling units are placed in closer proximity than usual, or are attached, with the purpose of retaining an open space area. CNDDB — California Natural Diversity Database. Coastal Access —The ability of the public to reach, use or view the shoreline of coastal waters or inland coastal recreation areas and trails. Coastal Commission —The California Coastal Commission, the state agency established by state law responsible for carrying out the provisions of the California Coastal Act and for review of coastal permits on appeal from local agencies. Page 1 b I-TS Coastal Development Permit (CDP) —A permit for any development within the coastal zone that is required pursuant to subdivision (a) of Section 30600. Coastal Plan —The California Coastal Zone Conservation Plan prepared and adopted by the California Coastal Zone Conservation Commission and submitted to the Governor and the Legislature on December 1, 1975, pursuant to the California Coastal Zone Conservation Act of 1972 (commencing with Section 27000). Coastal Zone —That land and water area of California from the Oregon border to the border of the Republic of Mexico, specified on the maps identified and set forth in Section 17 of that chapter of the Statutes of the 1975/76 Regular Session enacting this division, extending seaward to the state's outer limit of jurisdiction, including all offshore islands, and extending inland generally 1,000 yards from the mean high tide line of the sea. In significant coastal estuarine, habitat, and recreational areas it extends inland to the first major ridgeline paralleling the sea or five miles from the mean high tide line of the sea, whichever is less, and in developed urban areas the zone generally extends inland less than 1,000 yards. The coastal zone does not include the area of jurisdiction of the San Francisco Bay Conservation and Development Commission, established pursuant to Title 7.2 (commencing with Section 66600) of the Government Code, not any area contiguous thereto, including any river, stream, tributary, creek, or flood control or drainage channel flowing into such area. Coastal- dependent Development or Use —Any development or use which requires a site on, or adjacent to, the sea to be able to function at all. Coastal - related Development—Any use that is dependent on a coastal- dependent development or use. Collector —A street for traffic moving between arterial and local streets, generally providing direct access to properties. Collector Roadway —A collector roadway is a two -to -four -lane, unrestricted access roadway with capacity ranging from 7,000 VPD to 20,000 VPD. It differs from a local street in its ability to handle through traffic movements between arterials. Community Care Facility —Any facility, place, or building which is maintained and operated to provide non - medical residential care, day treatment, adult day care, or foster family agency services for children, adults, or children and adults, including, but not limited to, the physically handicapped, mentally impaired, incompetent persons, and abused or neglected children, and includes residential facilities, adult day care facilities, day treatment facilities, foster family homes, small family homes, social rehabilitation facilities, community treatment facilities, and social day care facilities. Community Development Block Grant (CDBG) —A grant program administered by the U.S. Department of Housing and Urban Development (HUD) on a formula basis for entitlement communities, and by the State Department of Housing and Community Development (HCD) for non - entitled jurisdictions. This grant allots money to cities and counties for housing rehabilitation and community development, including public facilities and economic development. Community Noise Equivalent Level (CNEL) —The average equivalent sound level during a 24- hour day, obtained after addition of five decibels to sound levels in the evening from 7 p.m. to 10 p.m. and after addition of 10 decibels to sound levels in the night after 10 p.m. and before 7 a.m. See also "A- Weighted Decibel." Community Redevelopment Agency (CRA) —A local agency created under California Redevelopment Law, or a local legislative body that has elected to exercise the powers granted to such Page 1 7 114 an agency, for the purpose of planning, developing, re- planning, redesigning, clearing, reconstructing, and /or rehabilitating all or part of a specified area with residential, commercial, industrial, and /or public (including recreational) structures and facilities. The redevelopment agency's plans must be compatible with adopted community general plans. Compatibility —The characteristics of different uses or activities that permit them to be located near each other in harmony and without conflict. The designation of permitted and conditionally permitted uses in zoning districts are intended to achieve compatibility within the district. Some elements affecting compatibility include: intensity of occupancy as measured by dwelling units per acre; building heights and mass: architectural design: pedestrian or vehicular traffic generated; volume of goods handled; and such environmental effects as noise, vibration, glare, air pollution, or the presence of hazardous materials. On the other hand, many aspects of compatibility are based on personal preference and are much harder to measure quantitatively, at least for regulatory purposes. Condominium —A building, or group of buildings, in which units are owned individually, and the structure, common areas and facilities are owned by all the owners on a proportional, undivided basis. Congestion Management Plan (CMP) —A mechanism employing growth management techniques, including traffic level of service requirements, development mitigation programs, transportation systems management, and capital improvement programming, for the purpose of controlling and /or reducing the cumulative regional traffic impacts of development. AB 1791, effective August 1, 1990, requires all cities, and counties that include urbanized area, to adopt and annually update a Congestion Management Plan. Congregate Care Housing — Generally defined as age - segregated housing built specifically for the elderly that provides services to its residents, the minimum of which is usually an on -site meal program, but which may also include housekeeping, social activities, counseling, and transportation. There is generally a minimum health requirement for acceptance into a congregate facility as most do not offer supportive health care services, thus differing from a nursing home. Residents usually have their own bedrooms and share common areas such as living rooms, dining rooms, and kitchens; bathrooms may or may not be shared. Conservation —The management of natural resources to prevent waste, destruction, or neglect Contour —A line on a topographic map or bathymetric (depth) chart representing points of equal elevation with relation to a datum (point or set of points). Contour lines are usually spaced into intervals for easier comprehension and utilization. Council of Governments (COG) —A regional planning and review authority whose membership includes representation from all communities in the designated region. The Southern California Association of Governments (SCAG) is an example of a COG in Southern California. Coverage —The proportion of the area of the footprint of a building to the area of the lot on which its stands. Cretaceous —A period of geologic time spanning 136 -64 million years ago. Critical Facility — Facilities housing or serving many people which are necessary in the event of an earthquake or flood, such as hospitals, fire, police, and emergency service facilities, utility "lifeline" facilities, such as water, electricity, and gas supply, sewage disposal, and communications and transportation facilities. Cul -de -sac —A short street or alley with only a single means of ingress and egress at one end and with a turnaround at its other end. Page 1 8 1 I S Cumulative Effect (Cumulative Impacts) —The incremental effects of an individual project shall be reviewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects. Current —A flow of water in a particular direction. Such flows can be driven by wind, temperature or density differences, tidal forces, and wave energy. Currents are often classified by location, such as longshore current, surface current, or deep ocean currents. Different currents can occur in the same general area, resulting in different water flows, for example, a rip current can flow perpendicular to the shore through the surf zone, a long shore current may flow southerly, parallel to the coast and a seasonal deep water current may flow to the north. Day -Night Average Level (LdJ —The average equivalent sound level during a 24 -hour day, obtained after addition of 10 decibels to sound levels in the night after 10:00 P.M. and before 7:00 A.M. See also "Community Noise Equivalent Level." Decibel (dB) —A unit for describing the amplitude of sound, as it is heard by the human ear. See also "A- Weighted Decibel," "Community Noise Equivalent Level," and "Day -Night Average Level." Dedication —The turning over by an owner or developer of private land for public use, and the acceptance of land for such use by the governmental agency having jurisdiction over the public function for which it will be used. Dedications for roads, parks, school sites, or other public uses often are made conditions for approval of a development by a city. Dedication, In lieu of —Cash payments that may be required of an owner or developer as a substitute for a dedication of land, usually calculated in dollars per lot, and referred to as in lieu fees of in lieu contributions. Demolition —The deliberate removal or destruction of the frame or foundation of any portion of a building or structure for the purpose of preparing the site for new construction or other use. Density—The number of families, individuals, dwelling units or housing structures per unit of land; usually density is expressed "per acre." Thus, the density of a development of 100 units occupying 20 acres is 5 units per acre. Density Bonus —The allocation of development rights that allow a parcel to accommodate additional square footage or additional residential units beyond the maximum for which the parcel is zoned, usually in exchange for the provision or preservation of an amenity at the same site or at another location. Density Transfer —A way of retaining open space by concentrating densities, usually in compact areas adjacent to existing urbanization and utilities, while leaving unchanged historic, environmentally sensitive, or hazardous areas. Developable Acres, Net —The portion of a site that can be used for density calculations. Some communities calculate density based on gross acreage. Public or private road rights -of -way are not included in the net developable acreage of a site. Developable Land —Land that is suitable as a location for structures and that can be developed free of hazards to, and without disruption of, or significant impact on, natural resource areas. Developer —An individual who or business which prepares raw land for the construction of buildings or causes to be built physical building space for use primarily by others, and in which the preparation of the land or the creation of the building space is in itself a business and is not incidental Page 1 9 110 to another business or activity Development —The division of a parcel of land into two or more parcels; the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any structure; any mining, excavation, landfill or land disturbance, and any use or extension of the use of land. Development Impact Fees —A fee or charge imposed on developers to pay for the costs to the city of providing services to a new development. Development Plan —A plan, to scale, showing uses and structures proposed for a parcel or multiple parcels of land. It includes lot lines, streets, building sites, public open space, buildings, major landscape features, and locations of proposed utility services. Development Rights —The right to develop land by a landowner that maintains fee - simple ownership over the land or by a parry other than the owner who has obtained the rights to develop. Such rights usually are expressed in terms of density allowed under existing zoning. For example, one development right may equal one unit of housing or may equal a specific number of square feet of gross floor area in one or more specified zone districts. Disturbed —A term used to identify a biological habitat that has been altered by natural or man -made events. Dock —A structure generally linked to the shoreline, to which a vessel may be secured. A dock may be fixed to the shore, on pilings, or floating in the water. Dominant —The major plant or animal species in a community. Downcoast —In the United States usage, it is the coastal direction generally trending toward the south; also the way in which current flows. DPR— California Department of Parks and Recreation Dry Storage —Dry storage of vessels includes all on -land storage of vessels including vessels normally stored in open or enclosed rack structures, on trailers, on cradles, on boat stands, or by other means. Dune — Ridges or mounds of loose, wind -blown material usually sand. A dune structure often has a back and foredune area. Stable dunes are often colonized by vegetation. Duplex —A detached building under single ownership that is designed for occupation as the residence of two families living independently of each other. Dwelling —A structure or portion of a structure used exclusively for human habitation. Dwelling Unit —One or more rooms, designed, occupied or intended for occupancy as separate living quarters, with cooking, sleeping and sanitary facilities provided within the unit for the exclusive use of a single family maintaining a household. Dwelling, Multi - family —A building containing two or more dwelling units for the use of individual families maintaining households; an apartment or condominium building is an example of this dwelling unit type. Dwelling, Single - family Attached —A one - family dwelling attached to one or more other one- family dwellings by a common vertical wall; duplexes and townhomes are examples of this dwelling unit type. Dwelling, Single - family Detached —A dwelling which is designed for and occupied by not more Page 1 10 ZZ� than one family and surrounded by open space or yards and which is not attached to any other dwelling by any means. DWR— California Department of Water Resources. Easement —A limited right to make use of a land owned by another, for example, a right of way across the property. Ebb Tide —The period of tide between high water and the succeeding low water; a falling tide (opposite =flood tide). Economic Base —The production, distribution, and consumption of goods and services within a planning area. Eelgrass —A marine flowering plant (Zostera marina) that is found primarily in coastal bays and estuaries on soft substrate. Elderly Housing — Typically one- and two- bedroom apartments or condominiums designed to meet the needs of persons 62 years of age and older or, if more than 150 units, persons 55 years of age and older, and restricted to occupancy by them. (See "Congregate Care.' E1 Nino —A term used to describe a cyclic weather pattern caused by changes in tropical ocean current patterns that result in worldwide changes in weather patterns. Element —A division of the General Plan referring to a topic area for which goals, policies, and programs are defined (e.g., land use, housing, circulation). Embodied Energy —An accounting method which aims to find the sum total of the energy necessary for an entire product life - cycle. Emergency Shelter —A facility that provides immediate and short-term housing and supplemental services for the homeless. Shelters come in many sizes, but an optimum size is considered to be 20 to 40 beds. Supplemental services may include food, counseling, and access to other social programs. (See "Homeless" and "Transitional Housing.' Eminent Domain —The authority of a government to take, or to authorize the taking of with compensation, private property for public use. Emission Standard —The maximum amount of pollutant legally permitted to be discharged from a single source, either mobile or stationary. Endangered Species —A species of animal or plant is endangered when its prospects for survival and reproduction are in immediate jeopardy from one or more causes. Energy Facility —Any public or private processing, producing, generating, storing, transmitting, or recovering facility for electricity, natural gas, petroleum, coal, or other source of energy. Entertainment /Excursion Vessels — Commercial vessels engaged in the carrying of passengers for hire for hire for the purposes of fishing, whale watching, diving, educational activities, harbor and coastal tours, dining /drinking, business or social special events and entertainment. Environment —The sum of all external conditions and influences affecting the life, development, and survival of an organism. Page 1 11 118 Environmental Impact Report (EIR) —A report required of general plans by the California Environmental Quality Act and which assesses all the environmental characteristics of an area and determines what effects or impacts will result if the area is altered or disturbed by a proposed action. (See "California Environmental Quality Act. ") Environmental Study Area (ESA) — Relatively large, undeveloped areas containing natural habitats and may be capable of supporting sensitive biological resources. Environmentally Sensitive Habitat Area (ESHA) —Any area in which plant or animal life or their habitat are either rare or especially valuable because of their special nature or role in an ecosystem and which could be easily disturbed or degraded by human activities and development (PRC 30107.5). Eocene —A period of geologic time spanning 54 -38 million years ago. Ephemeral —Short -lived (e.g., an ephemeral stream only flows immediately after rainfall). Equilibrium Beach Width —The mean distance between the shoreline and backbeach line at which sand contributions and losses are balanced. Equivalent Sound Level (LEQ) —The sound level corresponding to a steady noise level over a given sample period with the same amount of acoustic energy as the actual time varying noise level. The energy average noise level during the sample period. Erode —The gradual wearing away and removal of land surface by various agents such as waves; opposite of accrete. Erosion —The wearing away of land by natural forces. On a beach, the carrying away of beach material by wave action, currents or the wind. Estuarine System — Deepwater tidal habitats and adjacent tidal wetlands that are usually semi - enclosed by land but have open, partly obstructed, or sporadic access to the ocean, with ocean water at least occasionally diluted by freshwater runoff from the land. The upstream and landward limit is where ocean- derived salts measure less than 0.5 parts per thousand during the period of average annual low flow. Estuary —The region near a river mouth in which the fresh water of the river mixes with the salt water of the sea. Evaluation— Process by which a project's performance is determined relative to criteria developed for this purpose. Exaction —A contribution or payment required as an authorized precondition for receiving a development permit; usually refers to mandatory dedication (or fee in lieu of dedication) requirements found in many subdivision regulations. Exclusion Area —That portion of the coastal zone within an exclusion area boundary adopted pursuant to the California Coastal Act and approved by the Coastal Commission after the effective date of the delegation of development review authority and depicted on the certified Permit and Appeal Jurisdiction Map. Development within this area is excluded from coastal development permit requirements if certain criteria identified in the adopted exclusion are met. Exclusion Areas Map —A map depicting those areas where specified development types are excluded from the coastal development permit requirements. Fast -food Restaurant —Any retail establishment intended primarily to provide short -order food Page 1 12 1_49 services for on -site dining and /or take -out, including self -serve restaurants (excluding cafeterias where food is consumed on the premises), drive -in restaurants, and formula restaurants required by contract or other arrangement to offer standardized menus, ingredients, and fast -food preparation. Fault, Active —A fault that has moved within the last 11,000 years and that is likely to move again within the next 100 years. Fault, Inactive —A fault which shows no evidence of movement in the last 11,000 years and no potential for movement in the relatively near future. Fault, Potentially Active —A fault that last moved within the Quaternary Period (the last 2,000,000 to 11,000 years) before the Holocene Epoch (11,000 years to the present); or a fault that, because it is judged to be capable of ground rupture or shaking, poses an unacceptable risk for a proposed structure. Fault A rock fracture accompanied by displacement. Feasible — Capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social, and technological factors. Federal Coastal Act —The federal Coastal Zone Management Act of 1972 (16 U.S.C. 1451, et seq.), as amended. FEMA— Federal Emergency Management Agency. Page 1 13 120 Fen —A unique type of wetland characterized by a saturated substrate dominated by organic material in which acidic conditions (pH < 7) prevail. Contrast with a bog, which has a saturated substrate dominated by organic material in which basic conditions (pH > 7) prevail. FHWA — Federal Highway Administration. Fill—Earth or any other substance or material, including pilings placed for the purposes of erecting structures thereon, placed in a submerged area. Findings) —The result(s) of an investigation and the basis upon which decisions are made. Findings are used by government agents and bodies to justify action taken by the entity. Fire Flow —A rate of water flow that should be maintained to halt and reverse the spread of a fire. Fire Hazard Zone —An area where, due to slope, fuel, weather, or other five related conditions, the potential loss of life and property from a fire necessitates special fire protection measures and planning before development occurs. Fire - resistive —Able to withstand specified temperatures for a certain period of time, such as a one- hour fire wall; not fire - proof. First Public Road Paralleling the Sea —The road that is nearest the sea, as defined in this chapter, and that meets all of the following criteria: 1. The road is lawfully open and suitable for uninterrupted use by the public 2. The road is maintained by a public agency 3. The road contains an improved all- weather surface open to motor vehicle traffic in at least one direction 4. The road is not subject to any restrictions on use by the public except during an emergency or for military purposes 5. The road connects with other public roads providing a continuous access system and generally parallels and follows the shoreline of the sea so as to include all portions of the sea where the physical features such as bays, lagoons, estuaries and wetlands cause the waters of the sea to extend landward of the generally continuous coastline Fiscal Impact Analysis —A projection of the direct public costs and revenues resulting from population or employment change to the local jurisdiction(s) in which the change is taking place. Enables local governments to evaluate relative fiscal merits of general plans, specific plans, or projects. Flood Insurance Rate Map (FIRM) —Fox each community, the official map on which the Federal Insurance Administration has delineated areas of special flood hazard and the risk premium zones applicable to that community. Flood, Regulatory Base —Flood having a one percent chance of being equaled or exceeded in any given year (100 -year flood). Floodplain —A lowland or relatively flat area adjoining the banks of a river or stream which is subject to a one percent or greater chance or flooding in any given year (i.e., 100 -year flood). Page 1 14 121 Floodway —The channel of a watercourse or river, and portions of the flood plain adjoining the channel, which are reasonably required to carry and discharge the base flood of the channel. Floor Area Ratio (FAR) —The gross floor area of all buildings on a lot divided by the lot area; usually expressed as a numerical value (e.g., a building having 5,000 square feet of gross floor area located on a lot of 10,000 square feet in area has a floor area ratio of 0.5:1). Forebeach (Wet Beach) —The sand area affected regularly by tides and wave action. Foreshore (or Beach Face)— Region of the coast extending from the berm crest (or the highest point of wave wash at high tide) to the low -water mark that is measured at low tide. Formation —A unit of rock that is distinctive and persistent over a large area. Fossiliferous —Rock units containing fossils. Frequency —The number of times per second that a sound pressure signal oscillates about the prevailing atmosphere pressure. The unit of frequency is the hertz. The abbreviation is Hz. General Plan —A legal document that takes the form of a map and accompanying text adopted by the local legislative body. The plan is a compendium of policies regarding the long -term development of a jurisdiction. The state requires the preparation of seven elements or divisions as part of the plan: land use, housing, circulation, conservation, open space, noise, and safety. Additional elements pertaining to the unique needs of an agency are permitted. Geographic Information System (GIS) —A GIS is a computer system capable of assembling, storing, manipulating, and displaying geographically referenced information. A GIS allows analysis of spatial relationships between many different types of features based on their location in the landscape. Geohazard —A risk associated with geologic processes or events. Giant Kelp —A large brown seaweed (Macrocystis pyrifera) that grows primarily on rocky substrate and forms a underwater "forest" in which a diverse group of algae, invertebrates, and fishes are found. Global Positioning System (GPS) —A satellite -based navigational system. Goal —The ultimate purpose of an effort stated in a way that is general in nature and immeasurable; a broad statement of intended direction and purpose (e.g., "Achieve a balance of land use types within the city "). Grade —The degree of rise or descent of a sloping surface. Gravity Walls — Massive, self - supporting walls which resist horizontal wave forces through their sheer mass. Greenbelt —An open area that may be cultivated or maintained in a natural state surrounding development or used as a buffer between land uses or to mark the edge of an urban or developed area. Greenhouse Gas Emissions (GHG)— Scientists have concluded that human activities are contributing to global climate change by adding large amounts of heat - trapping gasses, including water vapor, carbon dioxide (COI, methane (CH4), and ozone (03). The primary sources of GHG emissions are the combustion of fossil fuels for energy and transportation. Page 1 15 122 Greenhouse Gas Emission (GHG) Reduction or Reducing Greenhouse Gas (GHG) Emissions —GHG emissions shall be considered to have been reduced as mandated or encouraged by a General Plan policy if the level of GHG emissions expected to be generated by a proposed project with GHG reduction measures would be less than the level of GHG emissions that would have been generated had that proposed project been constructed without such measures under standards in effect in 1990, regardless of the existing use of the subject properly or area. Grid —City of Newport 2,000 x 3,000 -foot aerial reference grid Groin —A shoreline protection structure built, usually perpendicular to the shoreline, to trap nearshore sediment or retard erosion of the shore. A series of groins acting together to protect a section of beach is known as a groin system or groin field. Ground Failure — Mudslide, landslide, liquefaction (see this Glossary), or the compaction of soils due to ground shaking from an earthquake. Ground Shaking— Ground movement resulting from the transmission of seismic waves during an earthquake. Groundwater — Subsurface water occupying the zone of saturation usually found in porous rock strata and soils. Group Quarters —A dwelling that houses unrelated individuals. Growth Management — Techniques used by government to control the rate, amount, and type of development. Habitat —The physical location or type of environment in which an organism or biological population lives or occurs. Harbor Lines —All established Bulkhead, Pierhead, and Project Lines as defined within Newport Harbor by the federal, state, county and city governments. Harbor Maintenance Uses, Equipment, and Facilities —All uses, and their related equipment, vessels, docking and land storage facilities and access which provide: dredging and beach replenishment; demolition, repair and new construction of docks, piers, bulkheads and other in -and- over -water structures; mooring maintenance and repair; waterborne debris and pollution control, collection and removal. This category also includes environmental, survey or scientific vessels and related equipment based, or on assignment, in Newport Harbor: All vessels under this definition may also be referred to as "work boats." Harbor Permit Policies —City of Newport Beach City Council Policy Manual Section H -1, governing permits for structures bayward of the bulkhead line, and related parking, sanitary, utility and related support requirements Harbor Regulations —Title 17 of the Newport Beach Municipal Code governing structures, uses and activities within the Harbor. Hardscape Habitat —Hard surfaces of pilings, docks, floats, wharves, seawalls, bulkheads, jetties, and rock groins, and natural intertidal and subtidal reefs that are colonized by marine organisms Hazardous Materials —An injurious substance, including pesticides, herbicides, toxic metals and chemicals, liquefied natural gas, explosives, volatile chemicals and nuclear fuels. Page 1 16 22-2� HCD— California Department of Housing and Community Development. HDC— Nonprofit Housing Development Corporation. Headland (Head) —A high, steep -faced projection extending into the sea, usually marking an area of fairly stable and rigid landform. Heat Island Effect —An urban area having higher average temperature than its rural surroundings due to the greater absorption, retention, and generation of heat by its buildings, pavements, and human activities. High Occupancy Vehicle — Vehicle transporting more than one person (at least one passenger, in addition to the driver). Historic Building or Structure —See Historic Resource. Historic District —A geographic area which contains a concentration of historic buildings, structures, or sites united historically, culturally, or architecturally. Historic Preservation —The preservation of historically significant structures and neighborhoods until such time as, and in order to facilitate, restoration and rehabilitation of the building(s) to a former condition. Historic Resource —Any object, building, structure, site, area, place, record, or manuscript which is historically or archeologically significant, or which is significant in the architectural, engineering, scientific, economic, agriculture, educational, social, political, military, or cultural history of the City of Newport Beach and /or California and /or the United States. Holocene —n geologic time, less than 11,000 years ago; also called Recent. HOME —Home Investment Partnership Act. Homeless — Persons and families who lack a fixed, regular, and adequate nighttime residence. Includes those staying in temporary or emergency shelters or who are accommodated with friends or others with the understanding that shelter is being provided as a last resort. California Housing Element law, §65583(c)(1) requires all cities and counties to address the housing needs of the homeless. (See "Emergency Shelter" and "Transitional Housing. ") Hotel —A facility in which guest rooms or suites are offered to the general public for lodging with or without meals and for compensation, and where no provisions is made for cooking in any individual guest room or suite. (See "Motel. ") Household — According to the U.S. Census, a household is all persons living in a dwelling unit whether or not they are related. Both a single person living in an apartment and a family living in a house are considered households. Household Income —The total income of all the people living in a household. Households are usually described as very low income, low income, moderate income, and upper income for that household size, based on their position relative to the regional median income. Housing Affordability —Based on state and federal standards, housing is affordable when the housing costs are no more than 30 percent of household income. Housing Unit —A room or group of rooms used by one or more individuals living separately from Page 1 17 124 others in the structure, with direct access to the outside or to a public hall and containing separate toilet and kitchen facilities. HUD —U.S. Department of Housing and Urban Development. Hydric Soil —A type of soil with characteristics resulting from prolonged saturation and chemically reducing conditions such as occurs under anaerobic conditions. Hydrology —The dynamic processes of the water within an environment including the sources, timing, amount, and direction of water movement. Hydrophytic Vegetation — Plants that have adapted to living in aquatic environments. These plants are also called hydrophytes. In wetlands, hydrophytic species occur where at least the root zone of the plant is seasonally or continually found in saturated or submerged soil. Impact —The effect of any direct man -made actions or indirect repercussions of man -made actions on existing physical, social, or economic conditions. Implementation Measure —An action, procedure, program, or technique that carries out general plan policy. In Situ —A Latin phrase meaning "in place." Archaeologically it refers to an artifact or object being found in its original, undisturbed position. Income Categories —Four categories for classifying households according to income based on the median income for each County. The categories are as follows: Very Low (0 -50% of County median); Low (50 -80% of County median); Moderate (80- 120% of County median); and Upper (over 120% of County median). Industrial —The manufacture, production, and processing of consumer goods. Industrial is often divided into "heavy industrial' uses, such as construction yards, quarrying, and factories; and "light industrial' uses, such as research and development and less intensive warehousing and manufacturing. Infill Development — Building on vacant and underutilized properties within existing development patterns, typically but not exclusively in urban areas. Infrastructure —The physical systems and services which support development and population, such as roadways, railroads, water, sewer, natural gas, electrical generation and transmission, telephone, cable television, storm drainage, and others. Intensity —A measure of the amount or level of development often expressed as the ratio of building floor area to lot area (floor area ratio) for commercial, business, and industrial development, or units per acre of land for residential development (also called "density "). Intersection —A location where two or more roads meet or cross at grade. Intertidal— Located between the low and high tide tidal extremes. Invertebrates — Animals without backbones. Issue —A problem, constraint, or opportunity requiring community action. Jetty—On open seacoasts, a structure extending away from the shore, which is designed to prevent shoaling of a channel and to direct and confine the stream or tidal flow. Jetties are built at the mouths Page 1 18 125 of rivers, harbors, or tidal inlets to help deepen and stabilize the access channel Jobs /Housing Balance; Jobs /Housing Ratio —The jobs /housing ratio divides the number of jobs in an area by the number of employed residents. A ratio of 1.0 indicates a balance. A ratio greater than 1.0 indicates a net in- commute of employed persons; less than 1.0 indicates a net out- commute of employed persons. Lacustrine System — Wetlands and deepwater habitats (1) situated in a topographic depression or dammed river channel; (2) lacking trees, shrubs, persistent emergents, emergent mosses, or lichens with greater than 30% area coverage; and (3) whose total area exceeds 8 hectares (20 acres); or area less than 8 hectares if the boundary is active wave- formed or bedrock or if water depth in the deepest part of the basin exceeds 2 meters (6.6 ft) at low water. Ocean- derived salinities are always less than 0.5 parts per thousand. Lagoon —A shallow body of water, such as a pond or lake, usually located near or connected to the sea. Land Use —A description of how land is occupied or used. Land Use Plan —The relevant portions of a local government's general plan, or local coastal element which are sufficiently detailed to indicate the kinds, location, and intensity of land uses, the applicable resource protection and development policies and, where necessary, a listing of implementing actions. Landslide —A general term for a falling or sliding mass of soil or rocks. Launching Facility —A generic term referring to any location, structures (ramps, docks) and equipment (cranes, lifts, hoists, etc.) where vessels may be placed into, and retrieved from the Harbor waters. LCP —See Local Coastal Program. LEED Certified— A certification program, in full Leadership in Energy and Environmental Design, devised in 1994 by the U.S. Green Building Council (USGBC) to encourage sust i nable practices de g I and development by means of tools and criteria for performance measurement. Leeward —The direction toward which the wind is blowing. Liquefaction —A process by which water - saturated granular soils transform from a solid to a liquid state due to groundshaking. This phenomenon usually results from shaking from energy waves released in an earthquake. Littoral Cell—A region that encompasses most features affecting sediment transport. The boundaries of the cell are usually delineated by river drainage areas, promontory headlands, or submarine canyons on the periphery, the continental shelf - continental slope boundary on the seaward side and by inland ridges and river inlets on the landward side. Sediment within these cells generally travel seaward by river drainage, southward (downcoast) by longshore currents, and are eventually lost to the continental slope area or submarine canyon. Littoral Drift —The sedimentary material moved in the littoral zone under the influence of waves and currents; consisting of silt, sand, gravel, cobbles, and other beach material. Littoral Transport —The movement of sediment in the littoral zone by waves, currents, and tides Page 1 19 120 This includes movement parallel (longshore transport) and perpendicular (on- offshore transport) to the shore. Littoral Zone —The region where waves, currents, and winds interact with the land and its sediments. This region comprises a backshore, foreshore, inshore, and offshore and is broken down into littoral cells. Littoral —Of or pertaining to a shore, especially of the sea. Liveaboard —Any person who uses a vessel as a domicile as that term is defined in Section 200 of the Elections Code of California, including permanently or on a temporary basis for a period exceeding 3 days. Local Agency Formation Commission (LAFCO) —A five or seven - member commission within each county that reviews and evaluates all proposals for formation of special districts, incorporation of cities, annexation to special districts or cities, consolidation of districts, and merger of districts with cities. Each county's LAFCO is empowered to approve, disapprove, or conditionally approve such proposals. Local Coastal Program —A local government's (a) land use plans, (b) zoning ordinances, (c) zoning district maps, and (d) within sensitive coastal resources areas, other implementing actions, which, when taken together, meet the requirements of, and implement the provisions and policies of, the California CoastalAct at the local level. Local Government —Any chartered or general law city, chartered or general law county, or any city and county. Local Street —A street providing direct access to properties and designed to discourage through - traffic. Longshore Current —A flow of water in the breaker zone, moving essentially parallel to the shore, usually generated by waves breaking at an angle to the shoreline. Longshore — Parallel to and near the shoreline. LOS —Level of Service, a descriptor of traffic operating conditions based on an intersection's volume -to- capacity ratio. Lot —The basic unit of land development. A designated parcel or area of land established by plat, subdivision, or as otherwise permitted by law, to be used, developed, or built upon as a unit. Major Arterial —A Major arterial highway is typically a six -lane divided roadway. A Major arterial is designed to accommodate 45,000 to 65,000 vehicles per day. Major arterials carry a large volume of regional through traffic not handled by the freeway system. Marina —A berthing facility (other than moorings or anchorage) in which five or more vessels are wet - stored (in water) and/ or dry- stored (on land /racks or on floating docks). Marine Conservation Area —A "state marine conservation area," is a non - terrestrial marine or estuarine area that is designated so the managing agency may achieve one or more of the following: 1. Protect or restore rare, threatened, or endangered native plants, animals, or habitats in marine areas 2. Protect or restore outstanding, representative, or imperiled marine species, communities, habitats, and ecosystems Page 1 20 227 3. Protect or restore diverse marine gene pools 4. Contribute to the understanding and management of marine resources and ecosystems by providing the opportunity for scientific research in outstanding, representative, or imperiled marine habitats or ecosystems 5. Preserve outstanding or unique geological features 6. Provide for sustainable living marine resource harvest Marine Park —A "state marine park," is a nonterrestrial marine or estuarine area that is designated so the managing agency may provide opportunities for spiritual, scientific, educational, and recreational opportunities, as well as one or more of the following: 1. Protect or restore outstanding, representative, or imperiled marine species, communities, habitats, and ecosystems 2. Contribute to the understanding and management of marine resources and ecosystems by providing the opportunity for scientific research in outstanding, representative, or imperiled marine habitats or ecosystems 3. Preserve cultural objects of historical, archaeological, and scientific interest in marine areas 4. Preserve outstanding or unique geological features Marine Protected Area (MPA) —A named discrete geographic area that has been designated by law, administrative action, or voter initiative to protect or conserve marine life and habitat. Marine Reserve —A "state marine reserve," is a nonterrestrial marine or estuarine area that is designated so the managing agency may achieve one or more of the following: 1. Protect or restore rare, threatened, or endangered native plants, animals, or habitats in marine areas 2. Protect or restore outstanding, representative, or imperiled marine species, communities, habitats, and ecosystems 3. Protect or restore diverse marine gene pools 4. Contribute to the understanding and management of marine resources and ecosystems by providing the opportunity for scientific research in outstanding, representative, or imperiled marine habitats or ecosystems Marine Sales and Service Uses & Vessels —Uses and vessels, as well as related equipment, which provide repair, maintenance, new construction, parts and supplies, fueling, waste removal, cleaning, and related services to vessels berthed in, or visiting, Newport Harbor. Typical service uses include, but are not limited to, all uses and vessels described under Section 20.05.050 of the City of Newport Beach Municipal Code. Marine System —Open ocean overlying the continental shelf and coastline exposed to waves and currents of the open ocean shoreward to (1) extreme high water of spring tides; (2) seaward limit of wetland emergents, trees, or shrubs; or (3) the seaward limit of the Estuarine System, other than vegetation. Salinities exceed 30 parts per thousand. Marine Terrace —A flat or gentle seaward sloping wave -cut bench, which is a remnant of an old coastline. Marine terraces are conspicuous along most of the California coast where uplift has occurred. Market Value —For purposes of determining "substantial improvement," the replacement cost as determined by its replacement value according to the valuation figures established by the City of Newport Beach. Page 1 21 WN Maximum Credible Earthquake (MCE) —The largest possible earthquake that could reasonably occur along recognized faults or within a particular seismic source. Mean High Water —The 19 -year average of all high water heights (if the tide is either semidiurnal or mixed) or the higher high water heights if the tide is diurnal. For diurnal tides high water and higher high water are the same. Mean Higher High Water —The 19 -year average of only the higher high water heights. Mean Low Water —The 19 -year average of all low water heights (if the tide is either semidiumal or mixed) or the lower low water heights if the tide is diurnal. For diurnal tides low water and lower low water are the same. Mean Lower Low Water —The 19 -year average of only the lower low water heights. Mean Sea Level —The 19 -year average height of the surface of the sea for all stages of the tide, usually determined from hourly height readings (see NGVD of 1929). Median Income —The annual income for each household size which is defined annually by the federal Department of Housing and Urban Development. Half of the households in the region have incomes above the median and half are below. Mesa —An isolated, relatively flat geographical feature, often demarcated by canyons (from Spanish mesa, table). MGD— Million gallons per day. Miocene —A period of geologic time spanning 27 -26 million years ago. Mitigate —To ameliorate, alleviate, or avoid to the extent reasonably feasible. Mitigation Measures — Measures imposed on a project consistent with Section 15370 of the State Guidelines for Implementation of the California EnvironmentalQuality Act to avoid, minimize, eliminate, or compensate for adverse impacts to the environment. Mitigation —As defined in Section 15370 of the State Guidelines for Implementation of the California Environmental Quality Act, mitigation includes the following: 1. Avoiding the impact altogether by not taking a certain action or parts of an action. 2. Minimizing impacts by limiting the degree or magnitude of the action and its implementation. 3. Rectifying the impact by repairing, rehabilitating, or restoring the impacted environment. 4. Reducing or eliminating the impact over time by preservation and maintenance operations during the life of the action. 5. Compensating for the impact by replacing or providing substitute resources or environments." Monitoring —The systematic collection of physical, biological, or economic data or a combination of these data in order to make decisions regarding project operation or to evaluate project performance. Monitoring is typically required for beach nourishment projects and habitat restoration projects. Mooring Area —An area designated for a group of moorings. Mooring —A device consisting of a floating ball, can, or other object that is secured permanently to the Harbor bottom by an anchor system for purposes of securing a vessel. MS4— Municipal Separate Storm Sewer Systems. MWD- Page 1 22 Z�9 Metropolitan Water District of Southern California. MWDOC— Municipal Water District of Orange County National Flood Insurance Program (NFIP) —The National Flood Insurance Program, managed by FEMA, makes Federally- backed flood insurance available in communities that agree to adopt and enforce floodplain management ordinances to reduce future flood damage. National Geodetic Vertical Datum of 1929 (NGVD) —A fixed reference for elevations, equivalent to the 1929 Mean Sea Level Datum. The geodetic datum is fixed and does not take into account the changing stands of sea level. NGVD should not be confused with mean sea level (see Mean Sea Level). National Historic Preservation Act —A 1966 federal law that establishes a National Register of Historic Places and the Advisory Council on Historic Preservation, and that authorized grants -in -aid for preserving historic properties. National Register of Historic Places —The official list, established by the National Historic Preservation Act, of sites, districts, buildings, structures, and objects significant in the nation's history or whose artistic or architectural value is unique. Nearshore Zone —An indefinite zone extending seaward from the shoreline well beyond the breaker zone; it defines the area of nearshore currents. Newport Bay —The terms "Newport Bay" and "Newport Harbor" are often used interchangeably. However, Newport Bay is an estuary consisting of the Lower Newport Bay (south of Pacific Coast Highway) and the Upper Newport Bay (north of Pacific Coast Highway). Newport Harbor generally refers to all the water area within Lower Newport Bay and within the Upper Newport Bay, exclusive of the Upper Newport Bay Ecological Reserve. Newport Bay The fer-ms "Newpart Bay" atid "Newport Harbor" are aften used ititerehaftgeably. NMFS — National Marine Fisheries Service. Noise —Any undesired audible sound Noise Attenuation —The ability of a material, substance, or medium to reduce the noise level from one place to another or between one room and another. Noise attenuation is specified in decibels Noise Exposure Contours —Lines drawn about a noise source indicating constant energy levels of noise exposure. CNEL and La„ are the metrics utilized to describe community noise exposure. Noise Referral Zones —Such zones are defined as the area within the contour defining a CNEL level of 60 decibels. It is the level at which either state or federal laws and standards related to land use become important and , in some cases, preempt local laws and regulations. Any proposed noise sensitive development which may be impacted by a total noise environment of 60 dB CNEL or more should be evaluated on a project specific basis. Noise Sensitive Land Use —Those specific land uses which have associated indoor and /or outdoor human activities that may be subject to stress and /or significant interference from noise produced by community sound sources. Such human activity typically occurs daily for continuous periods of 24 Page 1 23 130 hours or is of such a nature that noise is significantly disruptive to activities that occur for short periods. Specifically, noise sensitive land uses include: residences of all types, hospitals, rest homes, convalescent hospitals places of worship and schools. Non - Attainment —The condition of not achieving a desired or required level of performance. Frequently used in reference to air quality. Non - conforming Structure —A structure that was lawfully erected, but which does not conform with the property development regulations prescribed in the regulations for the district in which the structure is located by reason of adoption or amendment of this code or by reason of annexation of territory to the City. Non - conforming Use —A use of a structure or land that was lawfully established and maintained, but which does not conform with the use regulations or required conditions for the district in which it is located by reason of adoption or amendment of this code or by reason of annexation of territory to the City. Nourishment —The process of replenishing or enlarging a beach. It may be brought about naturally by longshore transport or artificially by the deposition of dredged materials. NPDES — National Pollutant Discharge Elimination System. NPS— National Park Service. NPS — Nonpoint source pollution or polluted runoff. OC— Orange County. OCFCD— Orange County Flood Control District. Offer to Dedicate (OTD) —An OTD is a document, recorded against the title to a property, which is an offer of dedication to the people of California of an easement over the property or a portion of the property. Generally, an OTD allows for specific uses in of the area of the property involved (for example, allowing the public to walk across the area). The offer conveys an easement in perpetuity only upon its acceptance on behalf of the people by a public agency or by a nonprofit private entity approved by the executive director of the Coastal Commission. Offshore —Off or away from the shore. This area extends from beyond the breaker zone to the outer Bruit of the littoral zone and beyond. Oil Seep — Natural springs where liquid hydrocarbons (mixtures of crude oil, tar, natural gas, and water) leak out of the ground. Onshore (Inshore) —The region between the seaward edge of the foreshore and the seaward edge of the breakers or waves. Open Coastal Waters —The area composed of submerged lands at extreme low -water of spring tide extending seaward to the boundaries of the Exclusive Economic Zone (12 -200 miles). This includes navigation channels, turning basins, vessel berthing, anchorage, and mooring areas of Newport Bay. Open Space —Any parcel or area of land or water essentially unimproved and set aside, designated, dedicated, or reserved for public or private use or enjoyment. Ordinance —A law or regulation set forth and adopted by a governmental authority, usually a city or county. Page 1 24 ZSZ Overcrowding —As defined by the California Department of Housing and Community Development, a household with greater than one person per room, excluding bathrooms, kitchens, hallways, and porches. Overlay —A land use designation on the Land Use Map, or a zoning designation on a zoning map, that modifies the basic underlying designation in some specific manner. Palustrine System —All non -tidal wetlands dominated by trees, shrubs, persistent emergents, emergent mosses, or lichens, and all such tidal wetlands where ocean - derived salinities are below 0.5 parts per thousand. This category also includes wetlands lacking such vegetation but with all of the following characteristics: (1) area less than 8 hectares (20 acres); (2) lacking an active wave- formed or bedrock boundary; (3) water depth in the deepest part of the basin less than 2 meters (6.6 ft) at low water; and (4) ocean- derived salinities less than 0.5 parts per thousand. Para - transit— Refers to transportation services that operate vehicles, such as buses, jitneys, taxis, and vans for senior citizens, and /or mobility- impaired. Parcel —A lot or tract of land. Parking, Shared —A public or private parking area used jointly by two or more uses. Parking Area, Public —An open area, excluding a street or other public way, used for the parking of automobiles and available to the public, whether for free or for compensation. Parking Management —An evolving TDM technique designed to obtain maximum utilization from a limited number of parking spaces. Can involve pricing and preferential treatment for HOVs, non- peak period users, and short -term users. (see "High Occupancy Vehicle" and "Transportation Demand Management. ") Parking Ratio —The number of parking spaces provided per 1,000 square of floor area, e.g., 2:1 or "two per thousand." Permit and Appeal Jurisdiction Map—A map depicting those areas where the Coastal Commission retains permit and appeal jurisdiction. Permit —Any license, certificate, approval, or other entitlement for use granted or denied by any public agency. Person —Any individual, organization, partnership, limited liability company, or other business association or corporation, including any utility, and any federal, state, local government, or special district or an agency thereof. Pier, Private —A pier used for private recreational purposes by the owner(s) or occupant(s) of the abutting upland property without payment of a separate rental or lease fee, except for permit fees to City. Pier, Public —A pier used for public recreational purposes provided by a public agency. Pier —A fixed structure extending from the shore into a body of water. Pierhead Line — Harbor water area perimeter lines established in Newport Harbor by the federal government that define the permitted limit of fixed pier, floating dock and other in -water structures which may be constructed in the Harbor. Pile —A long, heavy timber or section of concrete or metal driven or drilled into the earth or seabed Page 1 25 2S2 to serve as a support or protection. Planned Community —A large -scale development whose essential features are a definable boundary; a consistent, but not necessarily uniform, character; overall control during the development process by a single development entity; private ownership of recreation amenities; and enforcement of covenants, conditions, and restrictions by a master community association. Planning Area —The Planning Area is the land area addressed by the General Plan. Typically, the Planning Area boundary coincides with the Sphere of Influence which encompasses land both within the City limits and potentially annexable land. Planning Commission —A group of people appointed by the city council that administer planning and land use regulations for the city and provide recommendations on a wide array of land use and land use policy issues. Pleistocene —A period of geologic time spanning 2 million - 11,000 years ago. Pliocene —A period of geologic time spanning 7 -2 million years ago. Pocket Beach —A small beach formed between two points or headlands, often at the mouth of a coastal stream. Pocket beaches are common throughout the California coastline. Policy — Statements guiding action and implying clear commitment found within each element of the general plan (e.g., "Provide incentives to assist in the development of affordable housing "). The words "shall," "must," "will," "is to," "ensure" and "are to" are always mandatory. "Should," "promote," "provide," "encourage," is not mandatory, but is recommended, and "may" is permissive. The present tense includes the past and future tenses; and the future tense includes the present. The singular number includes the plural number, and the plural the singular, unless the common meaning of the word indicates otherwise. The words "includes' and "including" shall mean "including, but not limited to." Pollution —The presence of matter or energy whose nature, location, or quantity produces undesired environmental effects. Pollution, Non- Point — Sources for pollution that are less definable and usually cover broad areas of land, such as agricultural land with fertilizers that are carried from the land by runoff, or automobiles. Pollution, Point —In reference to water quality, a discrete source from which pollution is generated before it enters receiving waters, such as a sewer outfall, a smokestack, or an industrial waste pipe. Predominant Line of Development —The most common or representative distance from a specified group of structures to a specified point or line (e.g. topographic line or geographic feature). For example, the predominant line of development for a block of homes on a coastal bluff (a specified group of structures) could be determined by calculating the median distance (a representative distance) these structures are from the bluff edge (a specified line). Primary Arterial— Typically a four -lane divided roadway. A Primary arterial is designed to accommodate 30,000 to 40,000 VPD. A Primary arterial's function is similar to that of a Principal or Major arterial; the chief difference is capacity. Principal Arterial — Typically an eight -lane divided roadway. A Principal arterial is designed to accommodate 60,000 to 75,000 vehicles per day (VPD). Principal arterials carry a large volume of regional through traffic not handled by the freeway system. Page 1 26 133 Program —A coordinated set of specific measures and actions (e.g., zoning, subdivision procedures, and capital expenditures) the local government intends to use in carrying out the policies of the general plan. Project Lines— Harbor water area channel lines of the improvements constructed by the federal government in 1935 -1936, and as shown on navigation charts of Newport Harbor. Also referred to as the "Federal Channel." (see Newport Beach City Design Criteria and Standard Drawings for Harbor Construction). Public Trust Lands —Public Trust lands shall be defined as all lands subject to the Common Law Public Trust for commerce, navigation, fisheries, recreation, and other public purposes. Public Trust Lands include tidelands, submerged lands, the beds of navigable lakes and rivers, and historic tidelands and submerged lands that are presently filled or reclaimed and which were subject to the Public Trust at any time (from California Code of Regulations, Section 13577; see tidelands and submerged lands). Public View Corridors —The line of sight —as identified as to height, width, and distance —of an observer looking toward an object of significance (e.g., ocean or bay); the route that attracts the viewer's attention. Public Works - 1. All production, storage, transmission, and recovery facilities for water, sewerage, telephone, and other similar utilities owned or operated by any public agency or by any utility subject to the jurisdiction of the Public Utilities Commission, except for energy facilities 2. All public transportation facilities, including streets, roads, highways, public parking lots and structures, ports, harbors, airports, railroads, and mass transit facilities and stations, bridges, trolley wires, and other related facilities. For purposes of this division, neither the Ports of Hueneme, Long Beach, Los Angeles, nor San Diego Unified Port District nor any of the developments within these ports shall be considered public works. 3. All publicly financed recreational facilities, all projects of the California Coastal Conservancy, and any development by a special district 4. All community college facilities Qualified Biologist —A person who has earned a minimum of a Bachelor of Science degree in biology or a related field from an accredited college or university and has demonstrated field experience evaluating land use impacts on marine or wildlife species and their habitats. Biologists who conduct wetland delineations shall have completed the U.S. Army Corps of Engineers' "Reg. IV" wetland delineation training, or the equivalent, and shall have the demonstrated ability to independently conduct wetland delineations. Quaternary—A period of geologic time comprising the past 2 million years; includes the Pleistocene and Holocene ages. Recreation, Active —A type of recreation or activity which requires the use of organized play areas, including, but not limited to: softball, baseball, football and soccer fields, tennis and basketball courts, and various forms of children's play equipment. Recreation, Passive —Type of recreation or activity which does not require the use of organized play areas. Redevelop —To demolish existing buildings; or to increase the overall floor area existing on a property; or both; irrespective of whether a change occurs in land use. Page 1 27 13 4 Redevelopment — Redevelopment, under the California Community Redevelopment Law, is a process with the authority, scope, and financing mechanisms necessary to provide stimulus to reverse current negative business trends, remedy blight, provide job development incentives, and create a new image for a community. It provides for the planning, development, redesign, clearance, reconstruction, or rehabilitation, or any combination of these, and the provision of public and private improvements as may be appropriate or necessary in the interest of the general welfare. In a more general sense, redevelopment is a process in which existing development and use of land is replaced with new development and /or use. Reflection — Redirection of a wave when it impinges on a steep beach, cliff or other barrier; Regional— Pertaining to activities or economies at a scale greater than that of a single jurisdiction, and affecting a broad homogeneous area. Regional Housing Needs Assessment (RHNA) —The Regional Housing Needs Assessment (RHNA) is based on California projections of population growth and housing unit demand and assigns a share of the region's future housing need to each jurisdiction within the SCAG (Southern California Association of Governments) region. These housing need numbers serve as the basis for the update of the Housing Element in each California city and county. Regional Housing Needs Plan —A quantification by a COG or by HCD of existing and projected housing need, by household income group, for all localities within a region. Regional Park —A park typically 150 -500 acres in size focusing on activities and natural features not included in most other types of parks and often based on a specific scenic or recreational opportunity. Rehabilitation —The upgrading of a budding previously in a dilapidated or substandard condition, for human habitation or use. Research and Development Use —A use engaged in study, testing, design, analysis, and experimental development of products, processes, or services. Residential —Land designated in the City or County General Plan and zoning ordinance for buildings consisting only of dwelling units. May be improved, vacant, or unimproved. (See "Dwelling Unit.' Restoration —The replication or reconstruction of a building's original architectural features, usually describing the technique of preserving historic buildings. Retaining Wall—A wall used to support or retain an earth embankment or area of fill. Revetment A sloped retaining wall; a facing of stone, concrete, blocks, rip -rap, etc. built to protect an embankment, bluff, or development against erosion by wave action and currents. Rezoning —An amendment to the map and /or text of a zoning ordinance to effect a change in the nature, density, or intensity of uses allowed in a zoning district and /or on a designated parcel or land area. Right -of -Way —A strip of land acquired by reservation, dedication, prescription, or condemnation and intended to be occupied by a road, crosswalk, railroad, electric transmission lines, oil or gas pipeline, water line, sanitary or storm sewer, or other similar uses. Rill—The channel of a small stream or gully. Page 1 28 135 Rip Current —A strong surface current flowing seaward from the shore. It usually appears as a visible band of agitated water and is the return movement of water piled up on the shore by incoming waves and wind. With the seaward movement concentrated in a limited band its velocity is accentuated. Rip currents can pull inexperienced swimmers and waders into deeper water away from the shore. Since a rip current is usually quite narrow, the most effective way to get out of it is to swim perpendicular to the direction of the flow (in most cases, parallel to the beach). Rip currents can often develop adjacent to a jetty or groin. Riparian— Consists of trees, shrubs, or herbs that occur along watercourses or water bodies. The vegetation is adapted to flooding and soil saturation during at least a portion of its growing season. Riprap —A protective layer or facing of rock, concrete blocks, or quarrystone, placed to prevent erosion, scour, or sloughing of an embankment or bluff. Risk —The danger or degree of hazard or potential loss. Riverine System —All wetlands and deepwater habitats contained within a channel except those wetlands (1) dominated by trees, shrubs, persistent emergents, emergent mosses, or lichens, and (2) which have habitats with ocean- derived salinities in excess of 0.5 parts per thousand. RWQCB— California Regional Water Quality Control Board. Sand Source — Resource of sand that can be economically used for beach nourishment. The sand must meet the requirements for size distribution and cleanliness and its removal and transfer must not create unacceptable environmental effects. The source may be on land, offshore, in a nearby inlet, or in a navigational channel, a shoal, or other area in which sand accumulates. Sandstone —A rock composed predominantly of sand grains that have undergone cementation. Santa Ana Regional Water Quality Control Board — California Regional Water Quality Control Board, Santa Ana Region. Scarp (Beach Scarp) —An almost vertical slope along the beach caused by wave erosion. It may vary in height from a few inches to several feet or more, depending on wave action and the nature and composition of the beach. SCWC — Southern California Water Company. Sea Cliff —A vertical or very steep cliff or slope produced by wave erosion, situated at the seaward edge of the coast or the landward side of the wave -cut platform, and marking the inner limit of beach erosion. Sea Level —The height of the ocean relative to land, tides, wind, atmospheric pressure changes, heating, cooling, and other factors cause sea -level changes. Sea —The Pacific Ocean and all harbors, bays, channels, estuaries, salt marshes, sloughs, and other areas subject to tidal action through any connection with the Pacific Ocean, excluding nonestuarine rivers, streams, tributaries, creeks, and flood control and drainage channels. Sea does not include the area of jurisdiction of the San Francisco Bay Conservation and Development Commission, established pursuant to Tide 7.2 (commencing with Section 66600) of the Government Code, including any river, stream, tributary, creek, or flood control or drainage channel flowing directly or indirectly into such area. Seas (Waves) —Waves caused by wind at the place and time of observation. (see swell) Page 1 29 2s o Seawall—A structure separating land and water areas, primarily designed to prevent erosion and other damage due to wave action. It is usually a vertical wood or concrete wall as opposed to a sloped revetment. Second Units — Auxiliary residential units on a lot with an existing primary residential unit. Second units may lack full facilities, such as kitchens. Secondary Arterial —A four -lane roadway (often undivided). A Secondary arterial distributes traffic between local streets and Major or Primary arterials. Although some Secondary arterials serve as through routes, most provide more direct access to surrounding land uses than Principal, Major, or Primary arterials. Secondary arterials carry from 20,000 to 30,000 VPD. Section 8 Rental Assistance Program —A federal (HUD) rent- subsidy program that is one of the main sources of federal housing assistance for low- income households. The program operates by providing "housing assistance payments" to owners, developers, and public housing agencies to make up the difference between the "Fair Market Rent' of a unit (set by HUD) and the household's contribution toward the rent, which is calculated at 30 percent of the household's adjusted gross monthly income (GMI). "Section 8" includes programs for new construction, existing housing, and substantial or moderate housing rehabilitation. Sediment Budget —An account of the sand and sediment along a particular stretch of coast; the sources, sinks, rates of movement, or the supply and loss of sediment. Sediment — Grains of soil, sand, or rock that have been transported from one location and deposited at another. Seiche —A standing wave oscillation in an enclosed waterbody that continues (in a pendulum fashion) after the cessation of the originating force. Seiches can be caused by tidal action or an offshore seismic event. Seismic— Caused by or subject to earthquakes or earth vibrations. Sensitive Coastal Resource Areas —Those identifiable and geographically bounded land and water areas within the coastal zone of vital interest and sensitivity. Sensitive coastal resource areas include the following: 1. Special marine and land habitat areas, wetlands, lagoons, and estuaries as mapped and designated in Part 4 of the coastal plan. 2. Areas possessing significant recreational value. 3. Highly scenic areas. 4. Archaeological sites referenced in the California Coastline and Recreation Plan or as designated by the State Historic Preservation Officer. 5. Special communities or neighborhoods that are significant visitor destination areas. 6. Areas that provide existing coastal housing or recreational opportunities for low- and moderate - income persons. 7. Areas where divisions of land could substantially impair or restrict coastal access. Sensitive Species — Includes those plant and animal species considered threatened or endangered by the U.S. Fish and Wildlife Service and /or the California Department of Fish and Game according to Section 3 of the federal Endangered SpecierAa.. Endangered —any species in danger of extinction throughout all, or a significant portion of, its range Page 1 30 2S7 Threatened —a species likely to become an endangered species within the foreseeable future throughout all, or a portion of, its range. These species are periodically listed in the Federal Register and are, therefore, referred to as "federally listed" species. Sewer —Any pipe or conduit used to collect and carry away sewage from the generating source to a treatment plant. Shore Mooring —A mooring for small boats that is located in the nearshore perimeter of the Harbor and its islands, perpendicular to the shoreline. One end of the mooring line is attached to a point on or adjacent to the perimeter bulkhead, and the other end is attached to a mooring buoy located in the water, inside the pierhead line. Shore Protection — Structures or sand placed at or on the shore to reduce or eliminate upland damage from wave action or flooding during storms. Shore — Narrow strip of land in immediate contact with the sea, including the zone between high and low water. A shore of unconsolidated material is usually called a beach. Shoreline Armoring— Protective structures such as vertical seawalls, revetments, riprap, revetments, and bulkheads built parallel to the shoreline for the purposes of protecting a structure or other upland property. Shoreline— Intersection of the ocean or sea with land; the line delineating the shoreline on National Ocean Service nautical charts and surveys approximates the mean low water line from the time the chart was prepared. Significant Effect —A beneficial or detrimental impact on the environment. May include, but is not limited to, significant changes in an area's air, water, and land resources. Single- family Dwelling, Attached —A building containing two dwelling units with each unit having its own foundation on grade. Single - family Dwelling, Detached —A building containing one dwelling unit on one lot. Site —A parcel of land used or intended for one use or a group of uses and having frontage on a public or an approved private street. A lot. Site Plan —The development plan for one or more lots on which is shown the existing and proposed conditions of the lot including: topography, vegetation, drainage, floodplains, marshes and waterways; open spaces, walkways, means of ingress and egress, utility services, landscaping, structures and signs, lighting, and screening devices; any other information that reasonably may be required in order that an informed decision can be made by the approving authority. SLC —State Lands Commission Slope —Land gradient described as the vertical rise divided by the horizontal run, and expressed in percent. Slough —To erode the uppermost layer of soil, or to crumble and fall away from the face of a cliff. Solid Waste— Unwanted or discarded material, including garbage with insufficient liquid content to be free flowing, generally disposed of in landfills or incinerated. Southern California Association of Governments (SCAG) —The Southern California Association of Governments is a regional planning agency which encompasses six counties: Imperial, Riverside, Page 1 31 138 San Bernardino, Orange, Los Angeles, and Ventura. SCAG is responsible for preparation of the Regional Housing Needs Assessment (RHNA). Special District —Any public agency, other than a local government, formed pursuant to general law or special act for the local performance of governmental or proprietary functions within limited boundaries. Special district includes, but is not limited to, a county service area, a maintenance district or area, an improvement district or improvement zone, or any other zone or area, formed for the purpose of designating an area within which a property tax rate will be levied to pay for a service or improvement benefiting that area. Special Needs Groups —Those segments of the population which have a more difficult time finding decent affordable housing due to special circumstances. Under state planning law, these special needs groups consist of the elderly, handicapped, large families, female- headed households, farmworkers and the homeless. Specific Plan —Under Article 8 of the Government Code (Section 65450 et seq.), a legal tool for detailed design and implementation of a defined portion of the area covered by a General Plan. A specific plan may include all detailed regulations, conditions, programs, and /or proposed legislation which may be necessary or convenient for the systematic implementation of any General Plan element(s). Speed, Critical —The speed that is not exceeded by 85 percent of the cars observed. Sphere of Influence (SOI) —The probable ultimate physical boundaries and service area of a local agency (city or district) as determined by the Local Agency Formation Commission (LAFCO) of the County. Spit —A small, naturally formed point of land or a narrow shoal projecting into a body of water from the shore. Standards —(1) A rule or measure establishing a level of quality or quantity that must be complied with or satisfied. The California Government Code (Section 65302) requires that General Plans describe the objectives, principles, "standards," and proposals of the General Plan. Examples of standards might include the number of acres of park land per 1,000 population that the community will attempt to acquire and improve. (2) Requirements in a zoning ordinance that govern building and development as distinguished from use restrictions; for example, site - design regulations such as lot area, height limit, frontage, landscaping, and floor area ratio. Stationary Source —A non - mobile emitter of pollution. Storm Surge —A rise above normal water level on the open coast due to the action of wind stress on the water surface. Storm surge resulting from a hurricane also includes the rise in level due to atmospheric pressure reduction as well as that due to wind stress. Stream —A topographic feature that at least periodically conveys water through a bed or channel having banks. This includes watercourses having a surface or subsurface flow that supports or has supported riparian vegetation. Structure— Includes, but is not limited to, any building, road, pipe, flume, conduit, siphon, aqueduct, telephone line, and electrical power transmission and distribution line. Subdivision —The division of a lot, tract or parcel of land that is the subject of an application for subdivision. Page 1 32 139 Subdivision Map Act — Division 2 (Sections 66410 et seq.) of the California Government Code, this act vests in local legislative bodies the regulation and control of the design and improvement of subdivisions, including the requirement for tentative and final maps. (See "Subdivision. ") Submarine Canyon —A steep -sided underwater valley commonly crossing the continental shelf and slope. Submerged Lands — Submerged lands shall be defined as lands which he below the line of mean low tide (from California Code of Regulations, Section 13577; see Public Trust Lands). Subsidence —The sudden sinking or gradual downward settling and compaction of soil and other surface material with little or no horizontal motion. Subsidence may be caused by a variety of human and natural activities, including earthquakes. Subsidize —To assist by payment of a sum of money or by the granting of terms or favors that reduce the need for monetary expenditures. Housing subsidies may take the forms of mortgage interest deductions or tax credits from federal and /or state income taxes, sale, or lease at less than market value of land to be used for the construction of housing, payments to supplement a minimum affordable rent, and the like. Substantial Damage — Damage of any origin sustained by a structure whereby the cost of restoring the structure to the condition existing before damage would equal or exceed 50 percent of the market value before the damage occurred. Substantial Repair —Any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before such repair, reconstruction, or improvement. This term includes structures that have incurred "substantial damage" regardless of the actual repair work performed. For purposes of coastal development perniitting, a substantial improvement to a structure qualifies the proposed development as new development. Subtidal— Marine habitat that is permanently below the extreme low tide line. Summer Season — Begins the day before the Memorial Day weekend and ends the day after the Labor Day weekend; alternatively, June 15th to September 15th. Surf Zone —Area between the outermost breaking waves and the limit of wave uprush Page 1 33 140 Surfgrass —A type of marine flowering plant that forms meadows on rocky shorelines and shallow rocky subtidal reefs. Sustainability -- Development that meets the needs of the present without unduly affecting the ability of future generations to meet their own needs. Consisting of three pillars, sustainable development seeks to achieve, in a balanced manner, economic development, social development and environmental protection SWRCB —State Water Resources Control Board. Talus —A pile of rock debris at the base of a cliff. Tectonic— Related to the earth's surface. Temporary Event —An activity or use that constitutes development as defined in this LCP but which is an activity or function which is or will be of limited duration and involves the placement of non - permanent structures; and /or involves the use of sandy beach, parkland, filled tidelands, water, streets, or parking areas which are otherwise open and available for general public use. Terrace —A gently sloping platform cut by wave action. Terrestrial— Land - related. Tidal Epoch (National Tidal Datum Epoch) —The specific 19 -year period adopted by the National Ocean Service as the official time segment over which tide observations are taken and averaged to form tidal data, such as Mean Lower Low Water. The 19 -year period includes an 18.6 year astronomical cycle that accounts for all significant variations in the moon and sun that cause slowly varying changes in the range of tides. A calendar day is 24 hours and a "tidal day" is approximately 24.84 hours. Due to the variation between calendar day and tidal day, it takes 19 years for these two time cycles to establish a repeatable pattern. Thus, if the moon is full today, then the moon will be full again on this day of the year 19 years from today. The present tidal epoch used is 1983 -2001. Tidal Prism —The total amount of water that flows into a harbor or estuary or out again with movement of the tide, excluding any freshwater flow. Tidal Range— Difference between consecutive high and low (of higher high and lower low) waters. (see Tides). Tidal Wave —Wave movement of the tides. Often improperly used for tsunamis (see Tsunami). Tide —The periodic rising and falling of the water that results from gravitational attraction of the moon and sun, and other astronomical bodies, acting upon the rotating earth. The California coast has a mixed tidal occurrence, with two daily high tides of different elevations and two daily low tides, also of different elevations. Other tidal regimes are diurnal tides, with only one high and one low tide daily, and semidiurnal, with two high and two low tides daily, with comparatively little daily inequality between each high or each low tide level Tidelands — Tidelands shall be defined as lands that are located between the lines of mean high tide and mean low tide (from California Code of Regulations, Section 13577; see Public Trust Lands). Topography — Configuration of a surface, including its relief and the position of natural and man- made features. Page 1 34 1 41 Total Maximum Daily Load (TMDL) —The maximum amount of a pollutant that can be discharged into a water body from all sources (point and non - point) and still maintain water quality standards. Under Clean Water Act section 303(d), TMDLs must be developed for all water bodies that do not meet water quality standards after application of technology -based controls. TMDL also refers to the written, quantitative analysis and plan for attaining and maintaining water quality standards in all seasons for a specific waterbody and pollutant. Page 1 35 142 Traffic Model —A mathematical representation of traffic movement within an area or region based on observed relationships between the kind and intensity of development in specific areas. Many traffic models operate on the theory that trips are produced by persons living in residential areas and are attracted by various non - residential land uses. Transit —The conveyance of persons or goods from one place to another by means of a local, public transportation system. Transportation Demand Management (TDM) —A strategy for reducing demand on the road system by reducing the number of vehicles using the roadways and /or increasing the number of persons per vehicle. TDM attempts to reduce the number of persons who drive alone on the roadway during the commute period and to increase the number in carpools, vanpools, buses and trains, walking, and biking. TDM can be an element of TSM (see below). Transportation Systems Management (TSM) — Individual actions or comprehensive plans to reduce traffic congestion by increasing the efficiency of the transportation system itself. Examples would include improved traffic signal timing, coordination of multiple traffic signals, or spot improvements that increase capacity of the roadway system. Treatment Works —Has the same meaning as set forth in the federal mater Pollution Control Act (33 U.S.C. 1251, at seq.) and any other federal act that amends or supplements the federal Water Pollution Control Act. Trip—A one -way journey that proceeds from an origin to a destination via a single mode of transportation; the smallest unit of movement considered in transportation studies. Each trip has one origin (often the "production end," sometimes from home, but not always), and one destination ("attraction end "). Tsunami —A long period wave, or seismic sea wave, caused by an underwater disturbance such as a volcanic eruption or earthquake. Commonly misnamed a Tidal Wave. Turbidity —A measure of the extent to which water is stirred up or disturbed, as by sediment; opaqueness due to suspended sediment. Turning Basin —An area, often designated on nautical charts, connected to a channel that is large enough to allow vessels to maneuver or turn around. Undertow —A seaward current near the bottom on a sloping inshore zone, caused by the return, under the action of gravity, of the water carried up on the shore by waves. Commonly misnamed a Rip Current. Uniform Building Code (UBC) —A standard building code which sets forth minimum standards for construction. Upcoast —In the United States usage, the coastal direction, generally trending toward the north, from which a current comes. Sediment will often deposit on the upcoast side of a jetty, groin, or headland, reducing the amount of sediment that is available for transport further downcoast. Updtift —The direction opposite that of the predominant movement of littoral materials Page 1 64 14-S Urban Design —The attempt to give form, in terms of both beauty and function, to selected urban areas or to whole cities. Urban design is concerned with the location, mass, and design of various urban components and combines elements of urban planning, architecture, and landscape architecture. Urban Open Space —The absence of buildings or development, usually in well- defined volumes, within an urban environment. USACE —U.S. Army Corps of Engineers. USC— United States Code. USFWS— United States Fish and Wildlife Service (also known as FWS). Vernal Pools— Vernal pools are low depressions that typically are flooded and saturated above a hardpan or claypan for several weeks to a few months in the winter and spring. Vessel — Watercraft, such as boats, ships, small craft, barges, etc. whether motorized, sail - powered or hand - powered, which are used or capable of being used as a means of transportation, recreation, safety /rescue, service or commerce on water. This includes all vessels of any size (other than models) homeported, launched /retrieved, or visiting in Newport Harbor, arriving by water or land, and registered or unregistered under state or federal requirements. Warehousing Use —A use engaged in storage, wholesale, and distribution of manufactured products, supplies, and equipment, excluding bulk storage of materials that are flammable or explosive of that present hazards or conditions commonly recognized as offensive. Water Course —Any natural or artificial stream, river, creek, ditch, channel, canal, conduit, culvert, drain, waterway, gully, ravine or wash in which water flows in a definite channel, bed and banks, and includes any area adjacent thereto subject to inundation by reason of overflow or flood water. Water Dependent Use —Those uses that are tied to and require water, including fishing and other vessel rental and charter, water transportation, water public safety and enforcement, marinas, boatyards, yacht /sailing /boating /fishing clubs, watersports instructional and educational facilities, public and guest docking facilities, and landside support uses, dredging, marine construction, and harbor service and maintenance uses and related equipment. Water Related Use —Those uses that relate to but do not require water, including nautical museums, bait and tackle shops, boat charter, rental, sales, storage, construction and /or repair, marine- related retail sales, and marine - related industry. Water Transportation Use —This group of uses includes in- harbor and coastal /offshore ferry services, in- harbor water taxi services, docking, parking, offices, and other water and land support facilities. Water- Enhanced Use —Those waterfront or waterfront- adjacent land uses and activities, including restaurants and residential uses that derive economic, aesthetic and other amenity benefits from proximity to and views of water and water -based activities, but which do not need direct access and proximity to the water in order to accomplish their basic functional and economic operation. Watershed —The geographical area drained by a river and its connecting tributaries into a common source. A watershed may, and often does, cover a very large geographical region. Page 1 65 144 Wave Climate —The range if wave parameters (Height, period and direction) characteristic of a coastal location. Wave Height —The vertical distance from a wave trough to crest. Wave Length (Wavelength) —The horizontal distance between successive crests or between successive troughs of waves. Wave Period —The time for a wave crest to traverse a distance equal to one wavelength, which is the time for two successive wave crests to pass a fixed point. Wave Run- up—The distance or extent that water from a breaking wave will extend up a beach or structure. Wave —A ridge, deformation, or undulation of the surface of a liquid. On the ocean, most waves are generated by wind and are often referred to as wind waves. Wave -cut Platform —The near - horizontal plane cut by wave action into a bedrock formation at the shoreline. Wetland —Land which may be covered periodically or permanently with shallow water and includes saltwater marshes, freshwater marshes, open or closed brackish water marshes, mudflats, and fens. Wetlands are lands transitional between terrestrial and aquatic systems where the water table is usually at or near the surface or the land is covered by shallow water. For purposes of this classification, wetlands must have one or more of the following attributes: 1. At least periodically, the land supports predominantly hydrophytes 2. The substrate is predominantly undrained hydric soil 3. The substrate is non -soil and is saturated with water or covered by shallow water at some time during the growing season of each year Whole System —Also known as a "Whole System Design" or "WSD" is an integrated approach to sustainable engineering which aims to increase the economic and environmental performance of a designed system throughout its life. Wildlife Corridor —The concept of habitat corridors addresses the linkage between large blocks of habitat that allow the safe movement of medium to large mammals from one habitat area to another. The definition of a corridor is varied but corridors may include such areas as greenbelts, refuge systems, underpasses, and biogeographic landbridges, for example. Windward —The direction from which the wind is blowing. Zoning —A police power measure, enacted primarily by units of local government, in which the community is divided into districts or zones within which permitted and special uses are established as are regulations governing lot size, building bulk, placement, and other development standards. Requirements vary from district to district, but they must be uniform within the same district. The zoning ordinance consists of a map and text. Zoning Code —Title 20 of the City of Newport Beach Municipal Code, as amended. Zoning District —A geographical area of a city zoned with uniform regulations and requirements Pagel 66 145 Zoning Map —The officially adopted zoning map of the city specifying the uses permitted within certain geographic areas of the city. Zostera Marina —See eelgrass. Page 1 67 140 Attachment No. PC 2 Charter Section 423 Analysis 14j INTENTIONALLY BLANK PAGE 14 2 Proposed 2014 General Plan Amendments Land Use Element Charter Section 423 Analysis Council Policy A -18 Combined Change Summary 100% TOTALS Net Sauare Feet - 32,660.00 Dwelling Units JAM Trips 1,317.001 1,430.1 PM Tri 2,061.72 14� Proposed 2014 General Plan Amendments Land Use Element Charter Section 423 Analysis Council Policy A -18 Designation Change 100% TOTALS Summary Net Square Feet lNetDw elling Units AM Trips PM Trips 5,091.00 -6.00 12.771 17.28 Location Map Reference Property Area /Acreage Designation Change Floor Area AM Trip Rate PM Trip Rate AM Trips PM Trips Dwelling Dwelling AM Trip PM Trip Rate AM PM Hotel Maxim Maximu Maximum Statistical TAZ Change (Square Unit Unit Rate Trips Trips Room um m DU's Hotel Rooms Area Feet) Change Change Change Floor Allowed (Number) Area Allowe 1526 Placentia 1 .35 acres Multi -Unit Residential (RM) to General 7,524 0.003 0.004 22.572 30.096 -6 RM 0.44 0.54 -2.64 -3.24 0 7,524 None N/A A2 1439 Commercial CG 813 East 2 2,565 sq. ft. Two -Unit Residential (RT) to Mixed -Use 1,923 0.003 0.004 5.769 7.692 -2 RT 0.44 0.54 -0.88 -1.08 0 1,923 2 RM N/A D3 1459 Balboa Vertical (MU-V) 2 MU 0.51 0.62 1.02 1.24 Gateway Park 11 8,712 sq. ft. Commercial Corridor (CC) to Parks and -4,356 0.003 0.004 - 13.068 - 17.424 0 RM 0.51 0.62 0 0 0 N/A None N/A B4 1448 Recreation PR 150 Proposed 2014 General Plan Amendments Land Use Element Charter Section 423 Analysis Council Policy A -18 Reduced Capacity No Designation Change 100% TOTALS Summary Net Square Feet Net Dwelling Units 1AM Trips 1PM Trips - 1,060,150.00 - 356.00 - 902.29 - 1,039.85 Location Map Reference Property Area /Acreage Designation Floor Area AM Trip Rate PM Trip Rate AM Trips PM Trips Dwelling Dwelling AM Trip PM Trip Rate AM PM Hotel Maximo Maximu Maximum Statistical TAZ Change (Square Unit Unit Rate Trips Trips Room m Floor m DU's Hotel Area Feet) Change Change Change Area Allowed Rooms (Number) Allowed Westcliff Plaza 3 10.88 acres Neighborhood Commercial (CN) - 15,514 0.003 0.004 - 46.542 - 62.056 0 0 0.00 0.00 0 0 0 122,986 N/A J2 1421 Newport Coast 6 10.84 acres Neighborhood Commercial (CN) - 37,875 0.003 0.004 - 113.625 -151.5 0 0 0.00 0.00 0 0 0 103,712 N/A N 1536 Center Newport Coast 7 Multiple Properties Visitor Serving Commercial (CV) - 1,001,000 0.000 0.000 0 0 0 0 0.56 0.61 - 560.56 - 610.61 -1001 N/A N/A N 1540/1555 Hotel Bayside Center 8 7.10 acres Neighborhood Commercial (CN) -366 0.003 0.004 -1.098 -1.464 0 0 0.00 0.00 0 0 0 65,634 N/A 31 1463 Harbor View 9 6.10 acres Neighborhood Commercial (CN) -1,857 0.003 0.004 -5.571 -7.428 0 0 0.00 0.00 0 0 0 72,143 N/A M3 1517 Center The Bluffs 10 8.65 acres General Commercial CG -3,538 0.003 0.004 - 10.614 - 14.152 0 0 0.00 0.00 0 0 0 50462 N/A M6 1523 Newport Ridge 15 Newport Ridge -Area wide Multi -Unit Residential (RM) and Single- 0 0.000 0.000 0 0 72 RS -D 0.75 1.01 54 72.72 0 N/A N/A N Multiple Residential Unit Residential Detached (RS -D) -428 MU 0.51 0.62 - 218.28 - 265.36 151 Proposed 2014 General Plan Amendments Land Use Element Charter Section 423 Analysis Council Policy A-18 Increased Capacity 100% TOTALS Summary Net Square Feet Net Dwelling Units 1AM Trips PM Trips 1,022,399.00 1,679.001 2,319.691 3,084.28 Location Map Reference Property Area/Acreage Designation Floor Area AM Trip Rate PM Trip Rate AM Trips PM Trips Dwelling Dwelling AM Trip PM Trip Rate AM PM Hotel Maximum Maximum Maximum Statistical TAZ Change (Square Unit Unit Rate Trips Trips Room Floor Area DU's Hotel Area Feet) Change Change Chang Allowed Allowed Rooms (Number) (Type) a Allowed Newport 5 Multiple Properties Multiple Designations No Change 500,000 0.003 0.004 1500 2000 500 RM 0.51 0.62 255 310 0 Various Various N/A Li 1491 Center /Fashion 50 000 0.003 0.004 150 200 150 Newport 17 1.26 acres Regional Commercial Office (CO -R) to -8,500 0.003 0.004 -25.5 -34 0 0 0.56 0.61 70 76.25 125 N/A N/A 125 L1 1492 Center Drive Mixed -Use Horizontal (MU -H3) 125,000 100 Newport 18 .61 acres Regional Commercial Office (CO -R) to 15,000 0.000 0.000 0 0 0 0 0.56 0.61 - 560.56 - 610.61 -1001 32,500 N/A N/A Li 1492 Center Drive Mixed -Use Horizontal MU -H3 Harbor Day 12 6.54 acres Private Institution (PI) No Change 14,244 0.0015 0.0015 21.366 21.366 0 0 0.00 0.00 0 0 0 113,952 N/A N/A M3 1517 Schad Sanders 4 19.45 acres Airport Office and Supporting Uses (AO) 238,077 0.003 0.004 714.231 952.308 329 MU 0.51 0.62 167.79 203.98 0 545,000 329 MU N/A L4 1377/1378 Properties to Mixed -Use Horizontal (MU -H2) The Hangars 4 16.92 acres General Commercial Office (CO -G) No 1,800 0.003 0.004 5.4 7.2 0 0 0.00 0.00 0 0 0 290,064 N/A N/A L4 1382 Chan e Lyon 4 19.66 acres Mixed -Use Horizontal (MU -H2) No - 165,178 0.003 0.004 - 495.534 - 660.712 850 MU 0.51 0.62 433.5 527 0 85,000 850 MU 150 L4 1398/1399 Communities Change /1400 150,000 0.56 0.611 841 91.51 150 UAP 4 4.13 acres Mixed -Use Horizontal (MU -H2) No 101,956 0.000 0.000 0 0 0 0 0.00 0.00 0 0 148,000 N/A N/A L4 1402 Com anies Chan e 1 1152 Post 1006 General Plan Amendments Land Use Element Section 423 Analysis Summary Net Square Fee[ Net Dwelling Units AM Trips PM Trips 223,724.50 -91.001 531.6681 687.753 178,979.60 -72.801 425.33441 550.2024 Address Date Approved Project/ Project Title Property Designation Change Floor Area Change AM Trip PM Trip AM Trips PM Trips Dwelling Dwelling Unit AM Trip PM Trip AM PM Maximum Maximum Statistica Area /Acreage (Square Feet) Rate Rate Unit Change Rate Rate Trios Trios Floor Area DU's I Area Amendment No. Chanae Allowed Allowed Multiple 11/27/2012 PA2012 -034 Emerson Island Annexation 2 acres (approx.) County Designations to 0 0.000 0.000 0 0 0 0 0.00 0.00 0 0 N/A 3 SFD J5 GP2012 -001 RSD and RM 0 0 0.00 0.00 0 0 10 RM 200 30th Street 03/27/2012 PA2011 -209 Beach Coin Laundry 2,371 sq ft. Two -Unit residential 1,188 0.003 0.004 3.564 4.752 -2 RT 0.44 0.54 -0.88 -1.08 1,188 sq ft. N/A B5 GP2011 -010 RT to Visitor Sewing 2888 Bay 02/14/2012 PA2011 -179 Presta Property Amendments 1.55 acres RM 20 du /acre to RM, 0 0.000 0.000 0 0 8 RM 0.51 0.62 4.08 4.96 N/A 39 RM H4 Shore Drive GP2011 -008 39 du 2890 Bay 02/14/2012 PA2011 -179 Presta Property Amendment .46 acres RM 20 du /acre to MU- 10,019 0.003 0.004 30.1 40.1 -8 RM 0.51 0.62 -4.08 -4.96 10,019 sq ft. 1 MU H4 Shore Drive GP2011 -179 IW2, 1 du I 1 1 MU 1 0.51 0.62 0.51 0.62 514 East 02/14/2012 PA2011 -196 SCAP III, LLC Property Amendment 5,630 sq ft. RT to MU -V 4,061 0.003 0.004 12.18 16.25 -4 RT 0.44 0.54 -1.76 -2.16 4,061 sq ft. 3 MU D3 Ocean Front GP2011 -009 0 3 MU 0.51 0.62 1.53 1.86 1600 East 01/2412012 PA2008 -152 Newport Beach Country Club 133 acres PR- No change 21,000 0.003 0.004 63 84 0 N/A 0.00 0.00 0 0 56,000 sq ft. N/A L1 Coast Hwy. GP2008 -005 Clubhouse (approx.) 1419 Superior 12/13/2011 PA2011 -138 Dr. Morgan property Amendments .31 acres RM (18 DU /Acre) to CO 6,689 0.003 0.004 20 27 -5 RM 0.44 0.54 -2 -3 6,689 sq ft. N/A A2 Ave. GP2011 -007 (approx.) M 0.49 1539 Monrovia 09/13/2011 PA2011 -105 Monrovia Ave 1539 Amendments 1.14 acres RM (18 DU /Acre) to IG 24,821 0.001 0.001 25 25 -20 RM 0.44 0.54 -9 -11 24,821 sq ft. N/A A2 Ave. GP2011 -006 0.50 1537 Monrovia 09/13/2011 PA2011 -082 Monrovia Ave 1537 Amendments .76 acres RM (18 DU /Acre) to 16,790 0.001 0.001 17 17 -13 RM 0.44 0.54 -6 -7 16,790 sq ft. N/A A2 Ave GP2011 -005 IG 0.50 100 -300 West 08/09/2011 PA2010 -114 Mariner's Pointe .76 acres CG (No change) 3,387 0.003 0.004 10.16 13.55 0 N/A 0.00 0.00 0 0 19,905 sq ft. N/A H4 Coast Highway GP2010 -009 Anomaly No. 79 105 15'" Street 08/09/2011 PA2011 -061 Nero property Amendments 2,500 sq ft. RT to MU -H4 1,250 0.003 0.004 3.75 5 -2 RT 0.44 0.54 -0.88 -1.08 1,250 sq ft. 1 MU D1 GP2011 -004 (approx) 1 MU 0.51 0.62 0.51 0.62 3363, 3369, 06/28/2011 PA2011 -024 Via Lido Amendments 8,106 sq ft. RM to MU -V 4,053 0.003 0.004 12.159 16.212 -3 RM 0.51 0.62 -1.53 -1.86 4,053 sq ft. 4 MU B5 3377 Via Lida GP2011 -003 4 MU 0.51 0.62 2.04 2.48 6480 West 05124/2011 PA2010 -190 Let it Roll 4,136 sq ft. RT to CG 2,068 0.003 0.004 6.204 8.272 -2 RT 0.44 0.54 -0.88 -1.08 2,068 sq. ft. N/A 31 Coast Hwy. GP2010 -013 6904 West 05/24/2011 PA2011 -014 Cat Protection Society 8,948 sq ft. RT to MU -V 6,711 0.003 0.004 20.133 26.844 -2 RT 0.44 0.54 -0.88 -1.08 4,474 sq ft. 5 MU B1 Coast Hwy GP2011 -002 5 MU 0.51 0.62 2.55 3.1 6908 -6936 05/24/2011 PA2010 -182 GP2011 -002 Frog House 6,278 sq. ft. RT to MU -V 4,708 0.003 0.004 14.124 18.832 -2 RT 0.44 0.54 -0.88 -1.08 4,708 sq. f[. 3 MU B1 West Coast HWY 3 MU 0.51 0.62 1.53 1.86 1153 Post 1006 General Plan Amendments Land Use Element Section 423 Analysis Address Date Approved Project/ Project Title Property Designation Change Floor Area Change AM Trip PM Trip AM Trips PM Trips Dwelling Dwelling Unit AM Trip PM Trip AM PM Maximum Maximum Statistica Area /Acreage (Square Feet) Rate Rate Unit Chance Rate Rate Trios Trios Floor Area DU's I Area Amendment No. Chan a Allowed Allowed 4300 Von 02122/2011 PA2007 -213 FIRES Office Building 1.28 acres MU -1-42 11,544 0.003 0.004 34.63 46.17 0 N/A 0.00 0.00 0 0 18,810 sq ft. N/A L4 Karmen Ave. GP2007 -009 (No Change) (Anomaly No. 2.1) 4699 Jamboree 01/11/2001 PA2008 -164 W PI 1.34 acres MU -H2 11,544 0.003 0.004 34.63 46.17 0 N/A 0.00 0.00 0 0 46,044 sq ft. N/A L4 Road.and 5190 Campus Drive GP2008 -007 (No Change) (Anomaly No. 6 6306 West 09/1412010 PA2010 -052 CLUP Consistency 1,875 sq ft. RT to CV (0.5) 938 0.003 0.004 2.814 3.752 -2 RT 0.44 0.54 -0.88 -1.08 938 sq ft. N/A 31 Coast Hwy. GP2010 -001 6308 West 09114/2010 PA2010 -052 CLUP Consistency 2,250 sq ft. RT to CV (0.5) 1,125 0.003 0.004 3.375 4.5 -2 RT 0.44 0.54 -0.88 -1.08 1,125 sq ft. N/A B1 Coast Hwy. GP2010 -001 6310 West 0911412010 PA2010 -052 CLUP Consistency 2,250 sq ft. RT to CV (0.5) 1,125 0.003 0.004 3.375 4.5 -2 RT 0.44 0.54 -0.88 -1.08 1,125 sq ft. N/A 31 Coast Hwy. GP2010 -001 1221 West 09114/2010 PA2010 -052 CLUP Consistency- Balboa Bay Club 12.65 acres MU-W1 (Anomaly 0 0.000 0.000 0 0 0 N/A 0.00 0.00 0 0 See Table See Table H4 Coast Hwy GP2010 -004 (approx.) No.59) to MU -W1 LU 1 LU 1 (Anomaly No. 59 and CV (Anomaly No 77 2300 West 0911412010 PA2010 -052 CLUP Consistency- Holiday Inn 1.29 acres MU -H1 to CV (0.5) 0 0.000 0.000 0 0 -34 MU 0.51 0.62 -17.3 -21.1 28,314 sq ft. N/A H4 Coast Hwy GP2010 -004 (approx.) 2102 West 09/1412010 PA2010 -052 CLUP Consistency- Doryman's Inn 6,713 sq ft. MU -W2 to CV (0.5) 0 0.000 0.000 0 0 -4 MU 0.51 0.62 -2.04 -2.48 3,357 sq ft. N/A 35 Ocean Front GP2010 -005 2306 West 09/14/2010 PA2010 -052 CLUP Consistency - Newport 3,750 sq ft. MU -W2 to CV (0.5) 0 0.000 0.000 0 0 -1 MU 0.51 0.62 -0.51 -0.62 1,875 sq ft. N/A 35 Ocean Front GP2010 -005 Beachwalk Hotel 3366 Via Lido 09/14/2010 PA2010 -052 CLUP Consistency 21,576 sq ft. RM to MU -W2 15,103 0.003 0.004 45.309 60.412 -9 RM 0.44 0.54 -3.96 -4.86 15,103 sq ft. 13 MU B5 GP2010 -005 13 MU 0.51 0.62 6.63 8.06 Lido Peninsula 09114/2010 PA2010 -052 CLUP Consistency- Designation 24.6 acres MU -W3 to RM and CM 0 0.000 0.000 0 0 0 N/A 0.00 0.00 0 0 156,365 Sq 251 RM B5 -Multiple GP2010 -005 Changes Only ft. 500 West 09/14/2010 PA2010 -052 CLUP Consistency 2,113 sq ft. RT to MU -V 1,584 0.003 0.004 4.752 6.336 -2 RT 0.44 0.54 -0.88 -1.08 1,584 sq ft. 1 MU D2 Balboa Blvd. GP2010 -006 1 MU 0.51 0.62 0.51 0.62 504 West 09/14/2010 PA2010 -052 CLUP Consistency 4,202 sq ft. RT to MU -V 3,151 0.003 0.004 9.453 12.604 -4 RT 0.44 -1.76 -2.16 3,151 sq ft. 2 MU D2 Balboa Blvd. GP2010 -006 2 MU 0.51 :0.54 2 1.02 1.24 1 154 Post 1006 General Plan Amendments Land Use Element Section 423 Analysis Address Date Approved Project/ Project Title Property Designation Change Floor Area Change AM Trip PM Trip AM Trips PM Trips Dwelling Dwelling Unit AM Trip PM Trip AM PM Maximum Maximum Statistics Area /Acreage (Square Feet) Rate Rate Unit Chanae Rate Rate Trios Trios Floor Area DU's I Area Amendment No. 506 West 09/14/2010 PA2010 -052 CLUP Consistency 2,101 sq ft. RT to MU -V 1,575 0.003 0.004 4.725 6.3 -2 RT 0.44 0.54 -0.88 -1.08 1,575 sq ft. 1 MU D2 Balboa Blvd. GP2010 -006 1 MU 0.51 0.62 0.51 0.62 508 West 09/14/2010 PA2010 -052 CLUP Consistency 2,101 sq ft. RT to MU -V 1,575 0.003 0.004 4.725 6.3 -2 RT 0.44 0.54 -0.88 -1.08 1,575 sq ft. 1 MU D2 Balboa Blvd. GP2010 -006 1 MU 0.51 0.62 0.51 0.62 510 West 09/14/2010 PA2010 -052 CLUP Consistency 2,101 sq ft. RT to MU -V 1,575 0.003 0.004 4.725 6.3 -2 RT 0.44 0.54 -0.88 -1.08 1,575 sq ft. 1 MU D2 Balboa Blvd. GP2010 -006 1 MU 0.51 0.62 0.51 0.62 512 West 09/14/2010 PA2010 -052 CLUP Consistency 2,101 sq ft.. RT to MU -V 1,575 0.003 0.004 4.725 6.3 -2 RT 0.44 0.54 -0.88 -1.08 1,575 sq ft. i MU D2 Balboa Blvd. GP2010 -006 1 MU 0.51 0.62 0.51 0.62 514 West 09114/2010 PA2010 -052 CLUP Consistency 2,098 sq ft. RT to MU -V 1,573 0.003 0.004 4.719 6.292 -2 RT 0.44 0.54 -0.88 -1.08 1,573 sq ft. 1 MU D2 Balboa Blvd. GP2010 -006 1 MU 0.51 0.62 0.51 0.62 Balboa Fun 09/14/2010 PA2010 -052 CLUP Consistency- Fun Zone 33,858 sq ft. PI (1.0) to CV (1.0) 0 -0.0015 - 0.0015 - 50.787 - 50.787 0 N/A 0.00 0.00 0 0 33,858 sq ft. N/A D3 Zone (600East GP2010 -007 Designation Change Only Bay /600 0.003 0.004 101.574 135.432 Edgewater) 105 Main Street 09/14/2010 PA2010 -052 CLUP Consistency- Balboa Inn 12,825 sq ft. MU -V to CV (0.75) 0 0.000 0.000 0 0 -7 MU 0.51 0.62 -3.57 -4.34 9,618 sq ft. N/A D3 GP2010 -007 707 East 09/14/2010 PA2010 -052 CLUP Consistency - Balboa Inn 7,532 sq ft. MU -V to CV (0.75) 0 0.000 0.000 0 0 4 MU 0.51 0.62 -2.04 -2.48 5,649 sq ft. N/A D3 Ocean Front GP2010 -007 1901 -1911 09114/2010 PA2010 -052 CLUP Consistency- Harbor Patrol, 4.55 acres PF to PR (Beach only) 0 0.000 0.000 0 0 0 N/A 0.00 0.00 0 0 N/A N/A Ft Bayside Drive GP2010 -007 Coast Guard Beach 2000 -2016 East 05125/2010 PA2009 -067 Beauchamp GPA 0.61 acres PR to RS -D 0 0.000 0.000 0 0 5 RS -D 0.75 1.01 3.75 5.05 N/A 5 RS -D D4 Balboa Blvd. GP2009 -001 328,332,340 03/09/2010 PA2008 -047 Shaoulian Ong GPA 0.59 acres CO -G 12.862.50 0.003 0.004 38.59 51.45 0 N/A 0.00 0.00 0 0 25,725 sq ft. N/A H1 Old Newport GP2008 -001 No Change Blvd. 201 -207 0711412009 PA2005 -196 Aerie 1.4 acres RT to RM (20 du /acre) 0 0.000 0.000 0 0 1 RM 1.00 1.00 1 1 N/A 28 RM F3 Carnation, 101 GP2005 -006 - 101 Ba side only 10 Big Canyon 01/27/2009 PA2007 -210 Big Canyon GPA 1.84 acres PR to RS -D 0 0.000 0.000 0 0 1 RS -D 0.75 1.01 0.75 1.01 N/A 1 RS -D L2 Drive GP2007 -008 Civic Center 11/25/2008 PA2008 -182 Civic Center and Park Site 6.5 acres OS to PF 0 0.000 0.000 0 0 0 N/A 0.00 0.00 0 0 See Table N/A L1 Drive GP2008 -009 (approx) LU2 Anomalv No. 1 Hoag Drive 04/16/2008 PA2007 -073 Hoag Master Plan Update 17.57 acres PI (No Change) 0 0.000 0.000 0 0 0 N/A 0.00 0.00 0 0 See Table N/A A3 GP2007 -005 (approx) LU2 Anomaly No. 1000 Bison 0211212008 PA2006 -079 Liberty Baptist Church 9.09 acres PI (No Change) 26,114 0.0015 0.0015 39.17 39.17 0 N/A 0.00 0.00 0 0 84,585 sq ft. N/A L3 Avenue GP2006 -004 (approx.) Anomaly No. 25 4450 01/09/2007 PA2006 -095 Koll Center 1.49 acres MU -H2 (No Change) 24,016 0.00178 0.00172 42.7 41.3 0 N/A 0.00 0.00 0 0 See Table See MU- L4 MacArthur GP2006 -003 Anomaly No. 1 LU2 H21and Blvd. Anomal No. use 11515 ENTITLEMENT ADVISORS LLc TRACK RECORD • TEAM - TENACITY June 2, 2014 Mr. Brad Hillgren, Chairman Newport Beach Planning Commission Correspondence Item No. 3a General Plan Land Use Element Amendment PA2013 -098 Re: LUEA Language regarding Park Dimensions in the Airport Area Dear Mr. Hillgren: On behalf of The Koll Company, owners of property known as Koll Center Newport in the Airport Area, we wish to request your consideration of language clarification of the park dimension language in the LUEA currently being considered by the Commission at the public hearing on June 5, 2014. The Koll Company received approval from the Planning Commission and City Council of an Integrated Conceptual Development Plan (ICDP) which generally located a neighborhood park in proximity to the proposed residential towers to be added into the mixed uses of Koll Center. As we have continued to refine our designs and to respond to the requests of various building owners, the integration of the park into the design has depended upon the language currently in the General Plan Land Use Element and on the approved ICDP. Existing Policy LU6.15.13 stated in part, "In every case, the neighborhood park shall be at least 8% of the total Residential Village Area or one acre in area, whichever is greater and shall have a minimum dimension of iso feet." The approved ICDP illustrated a 1 acre park with a dimension of 15o feet but not 1so feet on all frontages. The new proposed policy 7.14.14 states in part "...shall have a minimum dimension of 150 feet along any edge of the park site. Per the attached exhibit (which we have been working with Staff on and which will be processed along with our PC Amendment and EIR shortly) the proposed park becomes an amenity to both the new residential towers and also to the existing building owners and employees, but does not have a minimum dimension of 150 feet along each e e of the park site. 949.717.7939 office 1 949.422.2303 cell 1 5000 Birch, Suite 400, Newport Beach, CA 92660 1 www.entitlementadvisors.com We respectfully request that you direct the staff to work with us to create language that is both clear and consistent with the previous approval of the ICDP, possibly along the following: "...shall have a minimum dimension of 150 feet along any edge of the park site, except as may be approved by the Planning Commission as mart of a We are prepared to discuss this item during the public hearing and hope that the Commission will honor our request. Sincerely, OV46(1 Carol McDermott Agent cc: Scott Meserve, The Koll Company Brenda Wisneski Gregg Ramirez BIRCH STREET FIRE LANE K KM �i �A /\ � �o• 249' -11" 1.01 Acres �� I wry v� �L F` i I — 00 O KOLL C E N T E P NEWPORT I - I 17 O O New Par Dimensions 7� 7 1 i 2013392.00 May 30, 2014 Additional Materials Item No. 3b Newport Beach General Plan Land Use Element Amendment Statement of Overriding Considerations General Plan Land Use Element Amendment PA2 013 -098 Exhibit _ Statement of Overriding Considerations Introduction The City is the Lead Agency under CEQA responsible for preparation, review, and certification of the Final EIR for the General Plan Land Use Element Amendment. As the Lead Agency, the City is also responsible for determining the potential environmental impacts of the proposed action and which of those impacts are significant, and can be mitigated through imposition of mitigation measures to avoid or minimize those impacts to a level of less than significant. CEQA then requires the Lead Agency to balance the benefits of a proposed action against its significant unavoidable adverse environmental impacts in determining whether or not to approve the proposed project (Project). In making this determination, the City is guided by State CEQA Guidelines Section 15093 which provides as follows: 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." 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 EIR and /or other information in the record. The statement of overriding considerations shall be supported by substantial evidence in the record. If an agency makes a statement of overriding considerations, the statement should be included in the record 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. In addition, Public Resources Code Section 21081(b) requires that where a public agency finds that specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or alternatives identified in an EIR and thereby leave significant unavoidable effects, the public agency must also find that overriding economic, legal, social, technological, or other benefits of the project outweigh the significant effects of the project. Pursuant to Public Resources Code Section 21081(b) and the State CEQA Guidelines Section 15093, the City has balanced the benefits of the Project against the following unavoidable adverse impacts associated with the Project and has adopted all feasible mitigation measures with respect to these impacts. The City also has examined alternatives to the Project, none of which both meet the Project objectives and is environmentally preferable to the proposed Project for the reasons discussed in the Findings and Facts in Support of Findings. Newport Beach General Plan Land Use Element Amendment Statement of Overriding Considerations The City of Newport Beach City Council, the Lead Agency for this project, having reviewed the Final EIR for the General Plan Land Use Element Amendment, and reviewed all written materials within the City's public record and heard all oral testimony presented at public hearings, adopts this Statement of Overriding Considerations, which has balanced the benefits of the proposed project against its significant unavoidable adverse environmental impacts in reaching its decision to approve the Project. Sienificant Unavoidable Adverse Environmental Impacts Although most potential Project impacts have been substantially avoided or mitigated, as described in the Findings and Facts in Support of Findings, there remain some Project impacts for which complete mitigation is not feasible. For some impacts, mitigation measures were identified and adopted by the Lead Agency, however, even with implementation of the measures, the City finds that the impact cannot be reduced to a level of less than significant. The impacts and alternatives are described below and were also addressed in the Findings. The SEIR identified the following unavoidable adverse impacts of the proposed Project: Greenhouse Gas Emissions EIR Impact 5.4 -1: The proposed project would achieve SCAQMD's efficiency metric and would not conflict with plans adopted for the purpose of reducing GHG emissions. Compared to the 2006 General Plan, the proposed project would result in a substantial increase in the total magnitude of GHG emissions but would decrease GHG emissions on a per capita basis (i.e., increase plan efficiency). The policies and implementation actions in the City's General Plan would ensure that GHG emissions from buildout of the proposed General Plan LUE Amendment would be minimized to the extent practicable. However, additional statewide measures would be necessary to reduce GHG emissions under the proposed project to meet the long -term GHG reduction goals under Executive Order S- 03 -05, which identified a goal to reduce GHG emissions to 80 percent of 1990 levels by 2050. At this time, there is no plan past 2020 that achieves the long -term GHG reduction goal established under S- 03 -05. As identified by the California Council on Science and Technology, the state cannot meet the 2050 goal without major advancements in technology. Since no additional statewide measures are currently available, Impact 5.4 -1 would remain significant and unavoidable. Noise and Vibration EIR Impact 5.8 -6: Similar to the 2006 General Plan, development in accordance with the proposed project would increase groundborne vibration related to construction activities. Grading and demolition activities typically generate the highest vibration levels during construction activities. In particular, pile driving and rock blasting can generate high levels in excess of 100 peak particle velocity at 25 feet away. Typical construction projects do not require these methods, or if necessary, can usually be mitigated with alternative methods such as nonexplosive rock breaking (instead of rock blasting) and drilled piles (instead of impact pile driving), which do not exceed the thresholds for architectural damage and do not reach levels that are considered annoying at distances greater than 200 feet. However, as discussed in the 2006 General Plan EIR, since construction equipment for subsequent projects is unknown, there would be no feasible mitigation available to eliminate potential vibration impacts to nearby receptors if pile driving /rock blasting equipment or other activities that generate high levels are necessary for future developments. Furthermore, intensification of land uses at some of the proposed project's subareas could result in greater vibration impacts than the 2006 General Plan. Therefore, impacts would be significant and unavoidable. Newport Beach General Plan Land Use Element Amendment Statement of Overriding Considerations Population and Housing EIR Impact 5.9 -1: Buildout of the General Plan LUE Amendment would directly result in an estimated population increase of up to 3,838 persons in comparison to buildout of the 2006 General Plan (approximately 3.7 percent increase). This increase would exceed the 2035 SCAG population projections for the City by almost 18 percent, but slightly improve the jobs- housing balance. Traffic and Transportation EIR Impact 5.11 -3: The County of Orange is currently preparing an EIR to analyze potential impacts associated with the proposed amendment of the John Wayne Airport Settlement Agreement. The proposed amendment for the Airport Settlement Agreement would expand the number of annual passengers and average daily departures from January 1, 2021, to December 31, 2035 which would result in a greater number of automobiles and buses providing access to JWA. The increased number of vehicles may result in traffic congestion and deterioration of level of service on the roadways and intersections surrounding JWA. The Settlement Agreement Draft EIR was not available at the time of preparation of the LUE Amendment Draft SEIR (it was released for public review on May 23, 2014 for public review). The Draft SEIR, therefore does not include a detailed analysis of the probable traffic impacts of the proposed project. Because it could not be determined at if significant impacts would occur and if mitigation measures would be feasible, impacts were concluded to be potentially significant and unavoidable. EIR Impact 5.11 -5: Project - related trip generation would contribute trips to six existing and forecast deficient main line segments of the I -405, SR -73, and SR -55 freeways and contribute to deficient ramp operations at two 1 -405 off - ramps. Caltrans does not have an adopted fee program that can ensure that locally contributed impact fees will be tied to improvements, and such improvements would be out of the control of the City of Newport Beach. These freeway main line and ramp impacts would be a cumulatively considerable, significant project impact. Alternatives In addition, the EIR evaluated the No Project alternative and one modified General Plan Amendment alternative (No Airport Area Alternative) and analyzed whether these alternatives could avoid or substantially lessen the unavoidable, significant environmental impacts of the proposed Project. While the No Project Alternative would lessen and avoid some of the unavoidable impacts of the proposed Project, it would not achieve a number of the project objectives. The No Airport Area Alternative would reduce environmental impacts and would eliminate the significant impact at one 405 freeway ramp but would not eliminate any of the remaining significant, unavoidable impacts of the proposed Project. As stated in Section 6 of the Facts and Findings, the No Airport Alternative was determined to be feasible and preferable to the LUE Amendment as proposed. The No Airport Alternative was determined to be preferable to the proposed project for the following reasons: • This alternative would clearly be consistent with most of the 2006 General Plan's objectives. • It would reduce environmental impacts to every topical area including each of the significant, unavoidable impacts of the proposed project. • It would eliminate the significant impact at one 405 off ramp (at MacArthur Boulevard) Newport Beach General Plan Land Use Element Amendment Statement of Overriding Considerations • It would substantially reduce or eliminate impacts that are directly related to the proposed land use changes within the Airport Area, including: • Cumulative impacts associated with the Airport Settlement Agreement (including the uncertainty related to changes in hazards and noise zones) • Land use compatibility with industrial uses in Airport Area (including health risk) • Cumulative traffic impacts (although detailed, cumulative analysis of Airport Settlement Agreement traffic and LUE Amendment traffic has not been conducted, it is anticipated that cumulative impacts could be expected proximate to airport and airport area land use changes) • ALUC determination of project inconsistency with AELUP (ALUC concluded in their Draft SEIR comment letter that they preferred No Airport Area project alternative) Overriding Considerations The City, after balancing the specific economic, legal, social, technological, and other benefits including region -wide or statewide environmental benefits, of the proposed Project, has determined that the unavoidable adverse environmental impacts identified above may be considered acceptable due to the following specific considerations which outweigh the unavoidable, adverse environmental impacts of the proposed Project, in accordance with CEQA Section 21081(b) and State CEQA Guideline Section 15093. Reduction in vehicle miles travelled and associated greenhouse gas emissions by designating compact, concentrated mixed -use development in Newport CentedFashion Island and the Airport Area. Increase in use of non - motorized transportation such as walking and biking by locating land uses such as housing, essential neighborhood- serving retail, and employment together to reduce distances between destinations. 3. Consistency with the following strategies outlined in the Orange County Council of Government's 2011 Sustainability Communities Strategy: - Support mixed -use development and thereby improve walkability of communities - Improve jobs -to- housing ratio - Promote land use patterns that encourage the use of alternatives to single- occupant automobile use 4. Proposed General Plan Land Use Element Amendment goals and associated policies that address citywide and neighborhood- specific sustainability and healthy communities' strategies. 5. Reflect changes in the economy and the market to benefit the overall financial health of the City Additional Materials Item No. 3c General Plan Land Use Element Amendment PA2013 -098 CEQA FINDINGS OF FACTS REGARDING THE FINAL SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT FOR THE GENERAL PLAN LAND USE ELEMENT AMENDMENT Citv of Newport Beach STATE CLEARINGHOUSE NO. 2013101064 Exhibit A INTRODUCTION The California Environmental Quality Act (CEQA) requires that a number of written findings be made by the lead agency in connection with certification of an environmental impact report (EIR) prior to approval of the project pursuant to Sections 15091 and 15093 of the CEQA Guidelines and Section 21081 of the Public Resources Code. The State CEQA Guidelines Section 15091 provides: (a) No public agency shall approve or carry out a project for which an FIR 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: 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 FIR. 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 or should be adopted by such other agency. 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 FIR. (b) The findings required by subdivision (a) shall be supported by substantial evidence in the record. (c) The finding in subdivision (a)(2) shall not be made if the agency making the finding has concurrent jurisdiction with another agency to deal with identified feasible mitigation measures or alternatives. The finding in subsection (a)(3) shall describe the specific reasons for rejecting identified mitigation measures and project alternatives. (d) When making the findings required in subdivision (a) (1), the agency shall also adopt a program for reporting on or monitoring the changes which it has either required in the project or made a condition of approval to avoid or substantially lessen significant environmental effects. These measures must be fully enforceable through permit conditions, agreements, or other measures. General Plan Land Use Element Amendment CEQA Findings of Fact 1 (e) The public agency shall specify the location and custodian of the documents or other materials which constitute the record of the proceedings upon which its decision is based. (f) A statement made pursuant to Section 15093 does not substitute for the findings required by this section. State CEQA Guidelines Section 15093 further provides: (a) CEQA requires the decision- making agency to balance, as applicable, the economic, legal, social, technological, or other 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 of a proposal project outweigh the unavoidable adverse environmental effects, the adverse environmental effects may be considered "acceptable." (b) Where 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 EIR and /or other information in the record. Tbis 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 record 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. Having received, reviewed, and considered the Draft Supplemental Environmental Impact Report (Draft SEIR) and the Final Supplemental Environmental Impact Report (Final SEIR) for the General Plan Land Use Element Amendment project, SCH No. 2013101064 (collectively, the SEIR), as well as all other information in the record of proceedings on this matter, the following Findings and Facts in Support of Findings (Findings) and Statement of Overriding Considerations (SOC) are hereby adopted by the City of Newport Beach (City) in its capacity as the CEQA Lead Agency. These Findings set forth the environmental basis for the discretionary actions to be undertaken by the City for the development of the project. This action includes the approval of the following for the General Plan Land Use Element Amendment: ■ Supplemental Environmental Impact Report SCH No. 2013101064 A. Document Format These Findings have been organized into the following sections: 1) Section 1 provides an introduction to these Findings. 2) Section 2 provides a summary of the project, overview of the discretionan, actions required for approval of the project, and a statement of the project's objectives. General Plan Land Use Element Amendment CEQA Findings of Fact - 2 - 3) Section 3 provides a summary of previous environmental reviews related to the project area that took place prior to the environmental review done specifically for the project, and a summary of public participation in the environmental review for the project. 4) Section 4 sets forth findings regarding the environmental impacts that were determined to be —as a result of the Initial Study, Notice of Preparation (NOP), and consideration of comments received during the NOP comment period— either not relevant to the project or clearly not at levels that were deemed significant for consideration at the project - specific level. 5) Section 5 sets forth findings regarding significant or potentially significant environmental impacts identified in the Draft SEIR that the City has determined are either not significant or can feasibly be mitigated to a less than significant level through the imposition of Project Design Features, standard conditions, and /or mitigation measures. In order to ensure compliance and implementation, all of these measures will be included in the Mitigation Monitoring and Reporting Program (MMRP) for the project and adopted as conditions of the project by the Lead Agency. Where potentially significant impacts can be reduced to less than significant levels through adherence to Project Design Features and standard conditions, these findings specify how those impacts were reduced to an acceptable level. Section 5 also includes findings regarding those significant or potentially significant environmental impacts identified in the Draft SEIR that will or may result from the project and which the City has determined cannot feasibly be mitigated to a less than significant level. 6) Section 6 sets forth findings regarding alternatives to the proposed project. B. Record of Proceedings For purposes of CEQA and these Findings, the Record of Proceedings for the proposed project consists of the following documents and other evidence, at a minimum: ■ The NOP and all other public notices issued by the City in conjunction with the proposed project ■ The Draft SEIR for the proposed project ■ The Final SEIR for the proposed project ■ All written comments submitted by agencies or members of the public during the public review comment period on the Draft SEIR ■ All responses to written comments submitted by agencies or members of the public during the public review comment period on the Draft SEIR ■ All written and verbal public testimony presented during a noticed public bearing for the proposed project ■ The Mitigation Monitoring and Reporting Program ■ The reports and technical memoranda included or referenced in the Response to Comments ■ All documents, studies, EIRs, or other materials incorporated by reference in the Draft SEIR and Final SEIR General Plan Land Use Element Amendment CEQA Findings of Fact - 3 - ■ The Resolutions adopted by the City of Newport Beach in connection with the proposed project, and all documents incorporated by reference therein, including comments received after the close of the comment period and responses thereto ■ Matters of common knowledge to the City of Newport Beach, including but not limited to federal, state, and local laws and regulations ■ Any documents expressly cited in these Findings ■ Any other relevant materials required to be in the record of proceedings by Public Resources Code Section 21167.6(e) The documents and other material that constitute the record of proceedings on which these findings are based are located at the City of Newport Beach Community Development Department. The custodian for these documents is the City of Newport Beach. This information is provided in compliance with Public Resources Code Section 21081.6(a)(2) and 14 California Code Regulations Section 15091(e). C. Custodian and Location Of Records The documents and other materials that constitute the administrative record for the City's actions related to the project are at the City of Newport Beach Community Development Department, 100 Civic Center Drive, Newport Beach, California 92660. The City's Community Development Department is the custodian of the administrative record for the project. Copies of these documents, which constitute the record of proceedings, are and at all relevant times have been and will be available upon request at the offices of the Community Development Department. This information is provided in compliance with Public Resources Code Section 21081.6(a)(2) and Guidelines Section 15091(e). II. PROJECT SUMMARY A. Project Location Located on the southwestern boundary of Orange County, the City of Newport Beach is approximately 40 miles southeast of downtown Los Angeles and 10 miles southwest of Irvine. The surrounding cities include Costa Mesa to the north, Huntington Beach to the northwest, Irvine to the northeast, and unincorporated areas of Orange County to the southeast. The Pacific Ocean abuts the City's entire southwestern boundary. Regional access to the City is provided by Interstate 405 (I -405) and State Route 55 (SR 55), which both run north to south through Orange County. SR -55 ends in the City of Costa Mesa, just north of Newport Beach. In addition, State Route 73 (SR -73) runs along the northwestern boundary of the City and connects with Interstate 5 (I -5) just south of Newport Beach in Laguna Beach. Highway 1 also provides access to the City since it runs along the entire California coast. B. Project Description The 2006 City of Newport Beach General Plan includes ten elements: Land Use, Harbor and Bay, Housing, Historical Resources, Circulation, Recreation, Arts and Cultural, Natural Resources, Safety, and Noise. The proposed project is an amendment to the Land Use Element (LUE). The amendment is intended to shape future development in the City and involves the alteration, intensification, and redistribution of land uses in certain subareas of the Citt, including major areas such as Newport Center /Fashion Island, Newport Coast, and the Airport Area near John Wayne Airport. The General Plan Land Use Element Amendment CEQA Findings of Fact - 4 - proposed land use map designation changes include increases and /or reductions in development capacity in various subareas. Specific subareas proposed for change are: ■ Airport Area • The Hangars • Saunders Properties • Lyon Communities • HAP Companies ■ Newport Coast Area • Newport Coast Hotel • Newport Ridge • Newport Coast Center ■ Newport Centex /Fashion Island Newport Center /Fashion Island 150 Newport Center Drive 100 Newport Center Drive • Bayside Center • The Bluffs • Gateway Park • Westcliff Plaza ■ 1526 Placentia Avenue (Kings Liquor) ■ 813 East Balboa Boulevard The following table provides the Citywide net land use change statistics: Table 1 2006 General Plan and Proposed Project Buildout, Statistical �o Land Use Residential 46,601 DUs 48,330 DUs 1,729 DUs' 4% Hotel 5,561 rooms 4,860 rooms (701 rooms) -13% Commercial 7,280,934 SF 7,352,044 SF 71,110 SF 10% Office 11,279,966 SF 11,773,643 SF 493,677 SF 4% Elementary/High School Students 6,511 students 6,583 students 72 students 1 % The General Plan Land Use Element Amendment will also include new and modified Land Use Element policies related to land use changes, in support of recent Neighborhood Revitalization efforts, and, as appropriate, updates/refinements to policies. Some of the policies apply City -wide and others are community specific. Subsequent amendments to the Newport Beach Coastal Land Use Plan (LUP), the Newport Coast Local Coastal Program (LCP), and Zoning Code and Map will be necessary to reflect the amendment to the General Plan. General Plan Land Use Element Amendment CEQA Findings of Fact 5 C. Discretionary Actions Implementation of the portion of the project within the City of Newport Beach will require several actions by the City, including Supplemental Environmental Impact Report SCH #2013101064. Certification of the Supplemental Environmental Impact Report (SEIR) evaluating the environmental impacts resulting from the proposed project, in accordance with the California Environmental Quality Act of 1970 (CEQA), as amended (Public Resources Code Sections 21000 et seq.), and the State CEQA Guidelines for Implementation of CEQA (California Code of Regulations, Title 14, Sections 15000 et seq.). The Final SEIR would also provide environmental information to responsible agencies, trustee agencies, and other public agencies that may be required to grant approvals and permits or coordinate with the City of Newport Beach as a part of project implementation. These agencies include, but are not limited to: Airport Land Use Commission of Orange County (ALUC). The project is within the boundaries of the Airport Environs Land Use Plan (AELUP). The overseeing agency, ALUC, must review the proposed project and determine its consistency with the AELUP. The ALUC considered the project at its April 17, 2014, public meeting and voted to find the project inconsistent with the Commission's AELUP. Approval of the project would require the Newport Beach City Council to override this determination with a two - thirds vote. California Coastal Commission (CCC). The project would change land use designations in areas of the City that are within the Newport Beach Coastal Land Use Plan. Designations under the Coastal Land Use Plan take precedent over any provisions in the City's General Plan, zoning, or other ordinances. Thus, the CCC must review the proposed project and certify an amendment to the Coastal Land Use Plan in order to maintain land use designation consistency. D. Statement of Project Objectives The statement of objectives sought by the project and set forth in the Final SEIR is provided as follows: 1. Preserve and enhance Newport Beach's character as a beautiful, unique residential community. 2. Reflect a conservative growth strategy that a. Balances needs for housing, jobs and services. b. Limits land use changes to a very small amount of the City's land area. c. Directs land use changes to areas where residents have expressed a willingness to consider change and where sustainable development can occur. d. Protects natural resources, open space, and recreational opportunities. 3. Protect and enhance water quality. 4. Protect and enhance recreational opportunities and public access to open space and natural resources. 5. Modify land uses, densities, and intensities so that traffic generation is controlled. General Plan Land Use Element Amendment CEQA Findings of Fact 6 III. ENVIRONMENTAL REVIEW AND PUBLIC PARTICIPATION In conformance with CEQA, the State CEQA Guidelines, and the City of Newport Beach CEQA Guidelines, the City conducted an extensive environmental review of the proposed project. ■ The City of Newport Beach determined that an SEIR would be required for the proposed project and issued a Notice of Preparation (NOP) and Initial Study on October 22, 2013. The NOP was sent to all responsible agencies, trustee agencies, and the Office of Planning Research and posted at the Orange County Clerk- Recorder's office and on the City's website on October 22, 2013.The 30 -day public review period extended from October 22, 2013, to November 21, 2013. Based upon the Initial Study and Environmental Checklist Form, the City of Newport Beach staff determined that a Draft Supplemental EIR (Draft SEIR) should be prepared for the proposed project. A scoping meeting was held during the NOP review period to solicit additional suggestions on the scope of the Draft SEIR. Attendees were provided an opportunity to identify verbally or in writing the issues they felt should be addressed in the Draft SEIR. The scoping meeting was held on Tuesday, November 5, 2013, at the Newport Beach Central Library at 1000 Avocado Avenue, Newport Beach, CA 92660. The notice of the public scoping meeting was included in the NOR. The scope of the Draft SEIR was determined based on the City's Initial Study, comments received in response to the NOP, and comments received at the scoping meeting conducted by the City on November 5, 2013. Section 2.3 of the Draft SEIR describes the issues identified for analysis in the Draft SEIR. The City of Newport Beach prepared a Draft SEIR, which was made available for a 45 -day public review period beginning March 17, 2014, and ending April 30, 2014. The Draft SEIR consists of three volumes: Volume I contains the text of the Draft SEIR and analysis of the General Plan Land Use Element Amendment project and Appendix A, Initial Study and Notice of Preparation. Volume II contains Appendices B through I. In addition, a continuation of the full appendices was provided in two separate binders, Full Appendices — Part 1 and Part 2. The Notice of Availability (NOA) for the Draft SEIR was sent to all interested persons, agencies and organizations. The Notice of Completion (NOC) was sent to the State Clearinghouse in Sacramento for distribution to public agencies. The NOA was posted at the Orange County Clerk- Recorder's office on March 17, 2014. Copies of the Draft SEIR were made available for public review at the City of Newport Beach Community Development Department, Newport Beach Central Library, Newport Beach Balboa Branch Library, Newport Beach Mariners Branch Library, and Newport Beach Corona del Mar Branch Library. The Draft SEIR was made available for download via the City's website: http: / /www.newportbeachca.gov. Two study sessions were held by the Planning Commission on May 8, 2014 and May 22, 2014 in the City Hall Council Chambers, at 100 Civic Center Drive, Newport Beach, California 92660. Notices of time, place, and purpose of the aforesaid meetings were provided in accordance with CEQA and the City's Municipal Code. The draft General Plan Land Use Element Amendment, findings of the Draft SEIR, project alternatives, general topics of public review comments received, staff report, and evidence, both written and oral, were presented to the Planning Commission at these study sessions. Additionally, the items appeared on the agenda for these study sessions, which was posted at City Hall and on the City's website. General Plan Land Use Element Amendment CEQA Findings of Fact - 7 - Preparation of the Final SEIR includes comments on the Draft SEIR, responses to those comments, clarifications /revisions to the Draft SEIR, and appended documents. The Final SEIR was released on May 30, 2014 and posted on the City's website. A Planning Commission Public Hearing was held on June 5, 2014 in the City Hall Council Chambers, at 100 Civic Center Drive, Newport Beach, California 92660. A notice of time, place, and purpose of the aforesaid meeting was provided in accordance with CEQA and the City's Municipal Code. The Draft and Final SEIR, staff report, and evidence, both written and oral, were presented to and considered by the Planning Commission at this hearing. 0 Government Code Section 65091 provides that, when the number of property owners to who notice would be required to be mailed is greater than 1,000 (which is the case with the proposed Land Use Element Amendment), notice may be provided by placing a one - eighth page advertisement in the local newspaper. Notice of the Planning Commission Public Hearing was a one - eighth page display ad in the May 24, 2014, Daily Pilot. Additionally, notices were mailed to over 1,500 affected property owners which included property owners, and property owners within 300 feet of properties designated for amendment; HOAs and interested parties; and subscribers to the City's Select Alert/Newsplash System. The mailing and notifications occurred at a minimum 10 days in advance of the meeting, consistent with the provisions of the City of Newport Beach Municipal Code. The environmental review process has also been consistent with the California Environmental Quality Act. Additionally, the item appeared on the agenda for this meeting, which was posted at City Hall and on the City website. • In compliance with Section 15088(b) of Title 14 of the California Code of Regulations (State CEQA Guidelines), the City has met its obligation to provide written Responses to Comments to public agencies at least 10 days prior to certifying the Final SEIR. • The City Council public hearing was held on July 8, 2014, in the City Hall Council Chambers, at 100 Civic Center Drive, Newport Beach, California 92660. A notice of the time, place and purpose of the aforesaid meeting was provided in accordance with CEQA and the City's Municipal Code. The Final SEIR, staff report, and evidence, both written and oral, were presented to and considered by the City Council at this hearing. 0 Government Code Section 65091 provides that, when the number of property owners to who notice would be required to be mailed is greater than 1,000 (which is the case with the proposed Land Use Element Amendment), notice may be provided by placing a one - eighth page advertisement in the local newspaper. Notice of the Planning Commission Public Hearing was a one - eighth page display ad in the Daily Pilot. Additionally, notices were mailed to over 1,500 affected property owners which included property owners, and property owners within 300 feet of properties designated for amendment; HOAs and interested parties; and subscribers to the City's Select Alert /Newsplash System. The mailing and notifications occurred at a minimum 10 days in advance of the meeting, consistent with the provisions of the City of Newport Beach Municipal Code. The environmental review process has also been consistent with the California Environmental Quality Act. Additionally, the item appeared on the agenda for this meeting, which was posted at City Hall and on the City website. General Plan Land Use Element Amendment CEQA Findings of Fact 8 IV. ENVIRONMENTAL ISSUES THAT WERE DETERMINED NOT TO BE POTENTIALLY AFFECTED BY THE PROPOSED PROJECT A. Impacts Determined To Be Less Than Significant in the Initial Study As a result of the project scoping process including the NOP circulated by the City on October 22, 2013, in connection with preparation of the Draft SEIR, the preparation of the Initial Study, and the Public Scoping meeting, 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 issues, and therefore, determined that these potential environmental issues would not be addressed in the Draft SEIR. Based upon the environmental analysis presented in the Draft SEIR, and the comments received by the public on the Draft SEIR, 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: (a) Aesthetics: The project would not substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway, or create a new source of substantial light or glare. (b) Agriculture and Forestry Resources: The project area does not contain Prime Farmland, Unique Farmland, or Farmland of Statewide Importance. No portion of the project area is covered by a Williamson Act Contract. Additionally, the project site does not include forest resources, including timberlands, and is not zoned for agriculture. (c) Air Quality: The project would not create objectionable odors affecting a substantial number of people. (d) Biological Resources: The project would not have a substantial adverse effect on any sensitive species, riparian habitats or other sensitive natural communities, or federally protected wetlands. It would not interfere with the movement of native resident or migratory wildlife species, impede wildlife nursery sites, conflict with local policies protecting biological resources (e.g., tree preservation policy), or conflict with provisions of an adopted local, regional, or state habitat conservation plan. (e) Cultural Resources: The project would not impact historic resources or disturb any known human remains. (f) Geology and Soils: The project would not expose people or structure to potential substantial adverse effects involving rupture of a known earthquake fault as delineated on the most recent Alquist- Priolo Earthquake Zoning Map or based on other substantial evidence of a known fault, or expose people or structures to landslides. It would not have any significant impacts related to rupture of a known earthquake fault, strong seismic ground shaking, seismic - related ground failure (e.g., liquefaction), landslides, soil erosion, or soil subsidence. The proposed project would not use septic systems or alternative waste water disposal systems. (g) Hazards and Hazardous Materials: The project would not create a significant hazard to the public or environment through transport, use, or disposal of hazardous materials, or through reasonably foreseeable upset and accident conditions. The project also would not handle or operate hazardous materials, substances, or waste within one - quarter mile of an existing or proposed school. It would not be located near the vicinity of a private airstrip, impair implementation of an adopted emergency response /evacuation plan, or expose people to wildland fire hazards. (h) Hydrology and Water Quality: The project would not violate water quality standards or waste discharge requirements, substantially deplete groundwater supplies or interfere with recharge, alter existing drainage patterns causing erosion or flooding, add substantial sources of polluted runoff, or otherwise degrade water quality. The project would not place housing or structures within a 100 -year General Plan Land Use Element Amendment CEQA Findings of Fact 9 flood hazard area, or expose people or structures to flood hazards or inundation by seiche, tsunami, or mudflow. (i) Land Use and Planning: The project would not divide an established business community or conflict with any applicable habitat conservation plan or natural community conservation plan. (j) Mineral Resources: The project would not result in the loss of availability of a known mineral resource or locally important mineral resource recovery site. (k) Noise and Vibration: The project traffic would not be located within the vicinity of a private airstrip. (1) Population and Housing: The project would not displace any housing or people. (m) Public Services: The project would not create significant impacts related to other public facilities aside from fire, police, schools, and parks. (n) Recreation: The project would meet the City's parkland dedication requirements, and physical impacts to recreational and park spaces would not be significant. (o) Transportation and Traffic: The project would not result in a change in air traffic patterns, substantially increase hazards due to design features or incompatible uses, or result in inadequate emergency access. (p) Utilities and Service Systems: The project would not exceed waste water treatment requirements of Santa Ana Regional Water Quality Control Board. All other topical areas of evaluation included in the Environmental Checklist were determined to require further assessment in the Draft SEIR. B. Impacts Determined To Be Less Than Significant in the Draft SEIR This section identifies impacts of the proposed project determined to be less than significant without implementation of project - specific mitigation measures. This determination, however, does assume compliance with Existing Regulations and relevant General Plan policies as detailed in each respective topical section of Chapter 5 in the Draft SEIR. (a) Aesthetics: The project would not have a substantial adverse effect on scenic vistas or degrade the existing visual character or quality of the area. (b) Air Quality: Similar to the 2006 General Plan, the project would not be consistent with the applicable air quality management plan, and would generate short -term emissions and criteria air pollutant emissions in exceedance of SCAQMD's threshold criteria. However, the incremental change associated with the project would be less than significant. (c) Cultural Resources: The project would not adversely affect archaeological or paleontological resources. (d) Greenhouse Gas Emissions: The project would not conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases. (e) Hazards and Hazardous Materials: The project would not be located on a site included on a list of hazardous materials, result in a safety hazard for people residing or working in the project area per the Airport Environs Land Use Plan for John Wayne Airport, or expose people or structures to significant hazards from wildland fires. (f) Hydrology and Water Quality: The project would not violate any water quality standards or waste discharge requirements, or otherwise substantially degrade water quality. General Plan Land Use Element Amendment CEQA Findings of Fact _10- (g) Land Use and Planning: The project would not conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect. (h) Noise and Vibration: The project traffic would not expose persons to or generate noise levels in excess of standards established by the City, increase permanent or temporary ambient noise levels, or cause a substantial increase in noise levels due to proximity to the John Wayne Airport. (i) Public Services: The project would not create significant impacts related to fire protection, police protection, school, or park services. (j) Transportation and Traffic: The project would not conflict with an applicable congestion management program or conflict with adopted policies, plans, or programs regarding public transit, bicycle, or pedestrian facilities, or otherwise decrease the performance or safety of such facilities. (k) Utilities and Service Systems: Project- generated wastewater would not exceed the capacity of existing sewer pipelines and treatment plants; the project would be adequately served by existing water supply and delivery systems; stormwater flow would be adequately served by existing drainage systems; the Frank R. Bowerman, Olinda Alpha, and Prima Deshecha landfills would have sufficient capacity to accommodate project- generated solid waste; and the project demand for electricity and natural gas would be nominal. V. FINDINGS REGARDING POTENTIALLY SIGNIFICANT ENVIRONMENTAL IMPACTS The following potentially significant environmental impacts were analyzed in the Draft SE1R, and the effects of the project were considered. Because of environmental analysis of the project and the identification of relevant General Plan policies; compliance with existing laws, codes, and statutes; and the identification of feasible mitigation measures (together referred herein as the Mitigation Program), some potentially significant impacts have been determined by the City to be reduced to a level of less than significant, and the City has found —in accordance with CEQA Section 21081(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. This is referred to herein as "Finding 1:" Where the City has determined— pursuant to CEQA Section 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 finding is referred to herein as "Finding 2." Where, as a result of the environmental analysis of the project, the City has determined that either (1) even with the identification of project design features, compliance with existing laws, codes and statutes, and /or the identification of feasible mitigation measures, potentially significant impacts cannot be reduced to a level of less than significant, or (2) no feasible mitigation measures or alternatives are available to mitigate the potentially significant impact, the City has found in accordance with CEQA Section 21081(a)(3) and State CEQA Guidelines Section 15091(a)(3) that "Specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or alternatives identified in the environmental impact report." This is referred to herein as "Finding 3." A. Impacts Mitigated To Less Than Significant The following summary describes impacts of the proposed project that, without mitigation, would result in significant adverse impacts. Upon implementation of the mitigation measures provided in the Draft SEIR, the impacts would be considered less than significant. General Plan Land Use Element Amendment CEQA Findings of Fact 11 - 1. Air Quality Environmental Impact: Placement of new residents and other sensitive land uses proximate to State Route 73 and major stationary source emitters in the Airport Area would expose sensitive receptors to substantial pollutant concentrations. Finding 1— Mitigation Measure AQ -1 would reduce pollutant concentration impacts to sensitive receptors. Thereby, the City makes Finding 1, and impacts are mitigated to less than significant levels. Facts in Support of Finding Mitigation measure AQ -1 would require project applicants for sensitive land uses to prepare a health risk assessment (HRA) to the City prior to future discretionary project approval. The HRA would indicate any potential health risks (e.g., cancer risks, air quality) on the project site and provide mitigation measures, which would be incorporated into the development plan as a component of the proposed project. Thus, future sensitive land use developments near State Route 73 and major stationary source emitters in the Airport Area would be protected from potential health risks. Impacts would be less than significant. Mitigation Measures The following mitigation measure was included in the Draft and Final SEIR, and is applicable to the proposed project. AQ -1 The City of Newport Beach shall evaluate new development proposals for sensitive land uses (e.g., residential, schools, day care centers) within the City for potential incompatibilities with regard to the California Air Resources Board's Air Quality and Land Use Handbook: A Community Health Perspective (2005). Applicants for sensitive land uses that are within the recommended buffer distances shall submit a health risk assessment (HRA) to the City of Newport Beach prior to future discretionary project approval. The HRA shall be prepared in accordance with policies and procedures of the state Office of Environmental Health Hazard Assessment (OEHHA) and the South Coast Air Quality Management District. The latest OEHHA guidelines shall be used for the analysis, including age sensitivity factors, breathing rates, and body weights appropriate for children age 0 to 6 years. if the HRA shows that the incremental cancer risk exceeds ten in one million (10E -06), the appropriate noncancer hazard index exceeds 1.0, or if the PMID or PM2.5 ambient air quality standard exceeds 2.5 µg /m3, the applicant will be required to identify and demonstrate that mitigation measures are capable of reducing potential cancer, noncancer, and ambient air quality risks to an acceptable level (i.e., below ten in one million, a hazard index of 1.0, or particulate matter concentrations exceed 2.5 µg /m3), including appropriate enforcement mechanisms. Measures to reduce risk may include but are not limited to: • Air intakes away from high - volume roadways and /or truck loading zones. Heating, ventilation, and air conditioning systems of the buildings provided with appropriately sized maximum efficiency rating value (MERV) filters. Mitigation measures identified in the HRA shall be identified as mitigation measures in the environmental document and /or incorporated into the site development plan as a component of the proposed project. The air intake design and MERV filter requirements shall be noted and /or reflected on all building plans submitted to the City and shall be verified by the City's Planning Department. General Plan Land Use Element Amendment CEQA Findings of Fact -12- City of NeaTort Beach Standard Conditions There are no specific City- adopted standard operating conditions of approval related to air quality that are applicable to the proposed project at this time; however, project- specific conditions of approval may be applied to the project by the City during the discretionary approval (site development review, tentative tract map, etc.), subsequent design, and /or construction process. B. Significant Unavoidable Adverse Impacts The following summary describes the significant, unavoidable adverse impacts of the proposed project: 1. Greenhouse Gas Emissions Environmental Impact: Although compared to the 2006 General Plan, the proposed project would achieve South Coast Air Quality Management District's efficiency metric by decreasing GHG emissions on a per capita basis, similar to impacts under the 2006 General Plan FIR, the City would not achieve the long -term GHG reductions goals under Executive Order 5 -03 -05 if the proposed project were implemented. Finding 3 —The City hereby makes Finding 3 and determines that there are no mitigation measures to reduce this impact to less than significant levels. This impact is significant and unavoidable and would require the adoption of a Statement of Overriding Considerations. Facts in Support of Finding The proposed project would result in a substantial increase in the total magnitude of GHG emissions but would decrease GHG emissions on a per capita basis (i.e., increase plan efficiency). Although the LUE Amendment incorporates planning measures and policies to minimize GHG emissions, additional statewide measures would be necessary to reduce GHG emissions under the proposed project to meet the long -term GHG reduction goals under Executive Order 5- 03 -05, which identified a goal to reduce GHG emissions to 80 percent of 1990 levels by 2050. At this time, there is no plan past 2020 that achieves the long -term GHG reduction goal established under Executive Order 5- 03 -05. As identified by the California Council on Science and Technology, the State cannot meet the 2050 goal without major advancements in technology. Since no additional statewide measures are currently available, the impact is significant and unavoidable and would require a Statement of Overriding Considerations. City of Newport Beach Standard Conditions There are no specific City- adopted standard operating conditions of approval related to greenhouse gas emissions that are applicable to the proposed project at this time. However, project- specific conditions of approval may be applied to the project by the City during the discretionary approval (site development review, tentative tract map, etc.), subsequent design, and /or construction process. 2. Noise and Vibration Environmental Impact: Construction activities as a result of higher development intensity would have the potential to result in substantial vibration impacts to uses adjacent to the sites identified for changes in land uses and intensities. General Plan Land Use Element Amendment CEQA Findings of Fact -13- Finding 3 — The City hereby makes Finding 3 and determines that there are no mitigation measures to reduce this impact to less than significant levels. This impact is significant and unavoidable and would require the adoption of a Statement of Overriding Considerations. Facts in Support of Finding New development in accordance with the proposed project would increase groundborne vibration related to construction activities. Grading and demolition activities typically generate the highest vibration levels during construction activities. In particular, pile driving and rock blasting can generate high levels in excess of 100 PPV at 25 feet away. Typical construction projects do not require these methods, or if necessary, can usually be mitigated with alternative methods such as non - explosive rock breaking (instead of rock blasting) and drilled piles (instead of impact pile driving), which do not exceed the thresholds for architectural damage, and do not reach levels that are considered annoying at distances greater than 200 feet. However, since construction equipment for subsequent projects are unknown as of now, there would be no feasible mitigation available to eliminate potential vibration impacts if receptors are located in close proximity and pile driving /rock blasting equipment or other activities that generate high levels are necessary for future developments. Furthermore, intensification of land uses at some of the proposed project's subareas could result in vibration impacts greater than the 2006 General Plan. Therefore, this impact is significant and unavoidable and would require a Statement of Overriding Considerations. City of Newport Beach Standard Conditions There are no specific City- adopted standard operating conditions of approval related to noise and vibrations that are applicable to the proposed project at this time. However, project - specific conditions of approval may be applied to the project by the City during the discretionary approval (site development review, tentative tract map, etc.), subsequent design, and /or construction process. 3. Population and Housing Environmental Impact: Buildout of the General Plan LUE Amendment would directly result in an estimated population increase of up to 3,838 persons in comparison to buildout of the 2006 General Plan (approximately 3.7 percent increase). This increase would exceed the 2035 SCAG population projections for the City by almost 18 percent, but slightly improve the jobs - housing balance. Finding 3 — The City hereby makes Finding 3 and determines that there are no mitigation measures to reduce this impact to less than significant levels. This impact is significant and unavoidable and would require the adoption of a Statement of Overriding Considerations. Facts in Support of Finding The incremental change between buildout of the 2006 General Plan and the proposed project is an additional 3,838 persons, which totals to a population of 106,197 by 2035. This exceeds the 2035 Southern California Association of Governments population projection for Newport Beach of 90,030 by 16,167 persons (approximately 18 percent). There are no feasible mitigation measures to reduce population growth. Thus, the impact would be significant and unavoidable and would require a Statement of Overriding Considerations. 4. Traffic and Transportation Environmental Impact: Vehicular traffic from the proposed project in conjunction with the amendment of the Airport Settlement Agreement could result in significant impacts at study -area intersections. General Plan Land Use Element Amendment CEQA Findings of Fact -14- Findings 2 & 3 — This impact is determined to be potentially significant pending the results of the traffic analysis prepared for the Airport Settlement Agreement EIR. It is not possible at the time of the Final EIR to know with precision the probable cumulative impacts of the proposed project in combination of possible impacts of the Airport Settlement Agreement. The City hereby makes Finding 2 to address potential traffic impacts that could be the tesponsibilin- of another jurisdiction (e.g., cumulative impacts on intersections /roadways within Cities of Irvine, Costa Mesa, or on Caltrans facilities). The City hereby also makes Finding 3 and determines that there are no mitigation measures to reduce this impact to less than significant levels. This impact is significant and unavoidable and would require the adoption of a Statement of Overriding Considerations. Facts in Support of Finding The Airport Settlement Agreement NOP was released to the public in October 2013 and the Draft FIR was released May 23, 2014 after preparation of the Draft SEIR for the LUE Amendment. The EIR analysis for the amendment of the Airport Settlement Agreement had not been released for public review. Therefore, it was not possible to identify with precision all potential cumulative environmental impacts of the proposed project and Airport Settlement Agreement as they relate to traffic. At the time of the writing of these Findings, no feasible mitigation measures can be identified to reduce significant impacts at potentially affected intersections. Environmental Impact: Vehicular traffic from the proposed project in conjunction with cumulative traffic would result in significant impacts to the following freeway main line segments: • SB 1 -405, North of SR -55 Freeway • NB SR -73, North of Jamboree Road • NB SR -55, Dyer Road to MacArthur Boulevard • NB SR -55, MacArthur Boulevard to I -405 Freeway • NB SR-55,1-405 Freeway to SR -73 • NB SR -55, SR -73 Freeway to Mesa Drive And the following freeway ramps: 1 -405, NB Off -Ramp at MacArthur Boulevard 1 -405, SB Loop Off -Ramp at MacArthur Boulevard Finding 2 — The City hereby makes Finding 2. Changes or alterations that could mitigate this impact are within the responsibility and jurisdiction of another public agency and have been, or can and should be, adopted by that other agency. This impact is significant and unavoidable and would require the adoption of a Statement of Overriding Considerations. Facts in Support of Finding Caltrans has not adopted a fee program that can ensure that locally contributed impact fees will be tied to improvements to freeway main lines and ramps, and only Caltrans has jurisdiction over freeway main line and ramp improvements. No feasible mitigation measures that can be implemented by the City of Newport Beach have been identified. General Plan Land Use Element Amendment CEQA Findings of Fact 15 City of Newport Beach Standard Conditions There are no specific City adopted standard conditions of approval related to traffic that are applicable to the proposed project at this time. However, project- specific conditions of approval may be applied to the project by the City during the discretionary approval (site development review, tentative tract map, etc.), subsequent design, and /or construction process. VI. FINDINGS REGARDING ALTERNATIVES A. Alternatives Considered and Rejected During the Scoping /Project Planning Process The following is a discussion of the alternatives considered during the Scoping and planning process and the reasons why they were not selected for detailed analysis in the Draft SEIR. Alternative Project Location CEQA requires that the discussion of alternatives focus on alternatives to the project or its location that are capable of avoiding or substantially lessening any significant effects of the project. Only locations that would avoid or substantially lessen any of the significant effects of the project need be considered for inclusion in the EIR (CEQA Guidelines Section 15126.6[f][2] [A]). An evaluation of an alternative to the project location is appropriate for a site - specific development project. This Draft Supplemental FIR is prepared for a General Plan LUE Amendment that applies to the entire City of Newport Beach. An "alternative location" to the City is not a feasible alternative. However, the land use alternative evaluated in this chapter (No Airport Area Alternative) does evaluate an alternative that eliminates development within one of the subareas of the City. B. Alternatives Selected for Further Analysis In accordance with CEQA Guidelines Section 15163, a Supplemental EIR "need only contain the information necessary to make the previous EIR adequate for the project as revised." The following alternative has been determined to represent a reasonable range of alternatives to supplement the alternatives previously considered in the 2006 General Plan EIR that could potentially attain most of the basic objectives of the project and has the potential to avoid or substantially lessen one or more of the significant effects of the project. The alternative is analyzed in detail in the following section. ■ No Airport Area Alternative Additionally, this section analyzes the No Project Alternative, as required by CEQA. An EIR must identify an "environmentally superior" alternative, and where the No Project Alternative is identified as environmentally superior, the FIR is required to identify as environmentally superior an alternative from among the others evaluated. Each alternative's environmental impacts are compared to the proposed project and determined to be environmentally superior, neutral, or inferior. However, only significant and unavoidable impacts are used in making the final determination of whether an alternative is environmentally superior or inferior to the proposed project. Only the impacts involving air quality, greenhouse gas emissions, construction noise, population growth, and traffic were found to be significant and unavoidable. Section 7.4 of the Draft SEIR identifies the environmentally superior alternative. General Plan Land Use Element Amendment CEQA Findings of Fact -16- No Project Alternative Description: The No Project alternative is implementation of the existing 2006 General Plan. The Draft SEIR evaluates the incremental environmental impact of buildout of the 2006 General Plan in comparison to buildout of the proposed General Plan LUE Amendment. As such, the analysis throughout the Draft SEIR represents the impacts of the proposed project relative to the No Project Alternative. Environmental Effects: The No Project alternative would eliminate the significant impacts of the proposed project, including significant, unavoidable impacts related to greenhouse gas emissions, noise and vibration (construction- related vibration), population and housing (population growth), and transportation and traffic (freeway main line and ramp impacts and potentially significant cumulative impact related to Airport Settlement Agreement trip generation). The No Project alternative would also eliminate a significant air quality impact related to placing sensitive receptors (housing and congregate care) proximate to high pollutant concentrations in the Airport Area. This impact, however, would be mitigated to less than significant under the proposed project. Note that although the No Project alternative would eliminate the significant unavoidable impact of the incremental increase in GHG emissions, construction vibration, population and air quality related to health risks to proximity to sensitive resources, these impacts would also be significant for the existing 2006 General Plan (No Project). The No Project alternative would not have the benefit of the new and /or modified Land Use Element policies. The updated policies reflect State of California legislation subsequent to adoption of the 2006 General Plan and new best planning practices since 2006 addressing sustainability, climate change, and healthy communities. Ability to Achieve Project Objectives: The No Project Alternative would continue to attain the project objectives detailed in Section II(D), in particular objectives Nos. 1, 3, 4, and 5. Compliance with 2006 General Plan policies would preserve and enhance the City's character; protect and enhance water quality; protect and enhance recreational opportunities and public access to open space and natural resources; and control traffic generation. In comparison to the General Plan LUE Amendment, however, the No Project alternative would not be as effective in achieving balancing needs for housing, jobs, and services. The proposed project is in response to changing demand for housing and commercial uses; therefore, the project would add housing and slightly improve the City's jobs - housing balance (from 1.83 to 1.76). Since the City is considered to be "jobs rich," this is a benefit of the proposed project that would not be realized under the No Project alternative. The No Project alternative may also not be as responsive to Project Objective 2.c, regarding "directing land use changes to areas where residents have expressed a willingness to consider change...." The proposed project's land use changes are in response to property owners' request for change. This may or may not, however, reflect "resident" willingness. The No Project alternative would not change land uses in comparison to the proposed project and so would not generate additional vehicle trips in comparison to the proposed General Plan LUE Amendment. Therefore, it may be considered more effective in achieving Project Objective No. 5. Feasibility: The No Project Alternative would be physically feasible but would not be as economically, legally or technologically as feasible as the proposed LUE Amendment. The proposed LUE Amendment is needed to reflect to recent legislation (e.g. GHGs), the economy and market, and emerging best practices. The reasoning behind decreasing and increasing development capacity in certain subareas of Newport Beach under the proposed project is to reflect current changing demands for housing and commercial uses. Finding: In comparison to the proposed project, the No Project Alternative would reduce impacts to aesthetics, air quality, hazards and hazardous materials, public services, transportation and traffic, and utilities and service systems. In addition, significant unavoidable impacts to construction vibration, air quality (sensitive receptors), population growth, and transportation and traffic (cumulative impacts to freeway main line and ramps and trip contribution to a potential, cumulative traffic impact associated with the Airport General Plan Land Use Element Amendment CEQA Findings of Fact -17- Settlement Agreement) would be avoided under this alternative. Further, the No Project Alternative would not require an amendment to the Coastal Land Use Plan because no changes would occur to coastal zone land use designations. Cultural resources, greenhouse gas emissions, hydrology and water quality, and land use and planning impacts would be similar to the proposed project. Overall, the No Project Alternative would have fewer environmental impacts than the proposed project and would eliminate significant, unavoidable impacts, making it the environmentally superior alternative. However, from a policy perspective, this alternative would maintain its existing 2006 Land Use Element policies, which would not reflect updated state legislation, best practices related to sustainability, climate change, and healthy communities, or support recent Neighborhood Revitalization efforts. Further, the No Project Alternative fails to meet the following project objectives: No. 2(a) achieving balancing needs for housing, jobs, and services, and No. 2(c) directing land use changes to areas where residents have expressed a willingness to consider change and where sustainable development can occur. Therefore, it has been rejected by the City in favor of the proposed project. No Airport Area Alternative Description: This alternative would eliminate the proposed land uses changes in the Airport Area subareas, including changes to the Saunders Properties, The Hangars, Lyon Communities, and UAP Companies. The proposed changes for these properties under the General Plan LUE Amendment are summarized in Table 3- 1, Proposed Lund Use Changer, and shown on Figure 3 -4, Airport Area Proposed Changes in the Draft SEIR. It was selected for evaluation based on its potential to reduce or eliminate each of the impacts identified as significant for the General Plan LUE Amendment as proposed. As shown below in Table 2, Proposed Project vs. No Airport Area Alternative Statistical Comparison, this alternative would substantially reduce the overall intensity of land uses proposed. Therefore, it would reduce both construction - related vibration impacts, and greenhouse gas impacts. It was selected in particular for its potential to reduce impacts related to the proximity to the John Wayne Airport. Avoiding intensification of land uses within this subarea has the potential to reduce or eliminate the significant traffic impacts related to freeways proximate to this subarea as well as potential cumulative impacts associated with the Airport Settlement Agreement. And finally, although the significant air quality impact associated with placing sensitive receptors (housing and congregate care) proximate to major air pollutant sources would be mitigated to less than significant under the proposed project, this alternative would be reduced for this alternative. Table 2 Proposed Project vs. No Airport Area Alternative Statistical Comparison Increase /Decrease Corn ared to 2006 GP Proposed No Airport Area Land Use Residential 1,729 DUs* 144 DUs (1,591 DUs) -92.0% Hotel (701) rooms (851) rooms (150 rooms) -21.4% Commercial 71,110 SF (25,690 SF) (96,800 SF) -136% Office 493,677 SF 255,600 SF (238,077 SF) 48.2% Elementary/High School Students 72 students 72 students 0 students 0% Source: Urban Crossroads 2013. ' The 1,729 DU buildout was calculated by adding the allowable dwelling unit developments in each subarea as proposed by the General Plan Land Use Element Amendment. This includes Newport Center (500 DUs), Saunders Properties (329 DUs), Lyon Communitles (850 DUs), Newport Ridge ( -356 DUs), and other minor changes (-6 Dust Furthermore, density bonuses on Lyon Communities (297 DUs) and Saunders Properties (115 DUs) were added to the buildout to achieve 1,729 DU. General Plan Land Use Element Amendment CEQA Findings of Fact -18- The No Airport Area Alternative would include the same changes to the General Plan LUE policies as the proposed project, with the exception of any policies specifically altered to accommodate the proposed Airport Area land uses changes under the proposed project. Such policies would not be included in this alternative (e.g., LU 6.15.5 Residential and Supporting Uses, regarding the maximum number of replacement units). Environmental Effects: A full discussion of the No Airport Area Alternative's environmental impacts compared to the proposed projects is set forth in Section 7.3 of the Draft SEIR, which is hereby incorporated by reference. In comparison to the proposed project, the No Airport Area Alternative would reduce impacts to aesthetics, air quality, greenhouse gas emissions, hazards and hazardous materials, hydrology and water quality, land use and planning, noise and vibration, population and housing, public services, transportation and traffic, and utilities and service systems. Cultural impacts under this alternative would be similar to the proposed project. This alternative would eliminate a significant impact at one I -405 freeway ramp but would not eliminate any other unavoidable impacts of the LUE Amendment as proposed. It would, however, reduce all of the significant, unavoidable impacts of the proposed project. It would reduce population growth, greenhouse gas enssions, and construction - vibration impacts. These impacts, however, would remain significant and unavoidable for this alternative. The alternative would substantially reduce trip generation relative to the proposed General Plan LUE Amendment by 10,771 average daily trips (ADTs). The alternative would not eliminate the number of main line freeway segments impacted, but would eliminate an impact to one of two freeway ramps (I -405, NB off ramp at MacArthur Boulevard would no longer be impacted). This alternative would not eliminate the potentially significant impact associated with the Airport Settlement Agreement. Ability to Achieve Project Objectives: The No Airport Area alternative would be consistent with most of the proposed project's objectives, detailed in Section 7.1.2 of the Draft SEIR. The alternative would not jeopardize the potential to preserve and enhance the city's character (No. 1); protect and enhance water quality (No. 3); and protect and enhance recreational opportunities and public access to open space. This alternative would be more successful in achieving project objective No. 5, "modify land uses, densities and intensities so that traffic generation is controlled" It would not eliminate significant traffic impacts, but would reduce them relative to the proposed project. The extent to which this alternative would achieve Project Objective No. 2 is less apparent. Compared to the proposed project, it would more successfully "limit land use changes to a very small amount of the City's land area" but may be considered less successful in balancing need for housing, jobs and services. It would provide fewer housing opportunities and new jobs and slightly increase the jobs - housing balance in the City, which is already jobs -rich. Moreover, only some of the property owners have requested the Airport Area changes. Feasibility: The No Airport Area Alternative would be physically feasible but may not be as responsive to the project objectives with respect to economic, considerations as the proposed project. Some of the Airport Area property owners requested the proposed changes in the subarea to respond to current changes in demand for residential and commercial uses. Table 2 outlines the substantial reduction in allowable residential, hotel, commercial, and office use under the No Airport Area Alternative. This would result in fewer residents, visitors, and employment opportunities and associated economic benefits to the City of Newport Beach in comparison to the proposed project. Finding: The No Airport Area Alternative would reduce impacts to aesthetics, air quality, hazards and hazardous materials, hydrology and water quality, land use and planning, noise, public services, and utilities and service systems. Cultural resource and housing impacts would be similar. Significant unavoidable impacts related to greenhouse gas emissions, population growth, transportation and traffic, construction vibration would also be reduced, but not eliminated under this alternative. More specifically, the alternative would substantially reduce trip generation relative to the proposed General Plan LUE Amendment by 10,771 ADTs and would eliminate significant impacts to one of two freeway ramps significantly impacted by the project. It would not, however, eliminate significant impacts to main line freeway segments or one freeway ramp. General Plan Land Use Element Amendment CEQA Findings of Fact _19- Further, it would not eliminate the potentially significant impact associated with the Airport Settlement Agreement. The No Airport Area Alternative would have fewer environmental impacts than the proposed project. The alternative would achieve most of the project objectives with the exception of Objective No. 2(a) since the alternative would provide fewer housing opportunities compared to jobs, increasing the jobs - housing balance in an already "jobs- rich" City. In summary, the No Airport Area Alternative would eliminate the significant impact to one of two freeway ramps significantly impacted by the project, and would reduce but not eliminate any of the other significant traffic impacts or other significant impacts (air quality, construction vibration, and population) of the project as proposed. In addition, the No Airport Area Alternative would reduce or eliminate impacts that are directly related to the proposed land use changes within the Airport Area, including: ■ Cumulative impacts associated with the Airport Settlement Agreement (including the uncertainty related to changes in hazards and noise zones) ■ Land use compatibility with industrial uses in Airport Area (including health risk) ■ Cumulative traffic impacts (although detailed, cumulative analysis of Airport Settlement Agreement traffic and LUE Amendment traffic has not been conducted, it is anticipated that cumulative impacts could be expected proximate to the John Wayne Airport and Airport Area land use changes) ■ ALUC determination of the proposed project inconsistency with AELUP (ALUC concluded in its Draft SEIR comment letter that ALUC's preferred project is the No Airport Area Alternative) Further, similar to the proposed project, it would be consistent with most of the 2006 General Plan's objectives. For these reasons, the City finds that the No Airport Area Alternative is preferred over the proposed project. General Plan Land Use Element Amendment CEQA Findings of Fact -20- Additional Materials Item No. 3d General Plan Land Use Element From: Still Protecting Our Newport <Info @SPON- NewportBeach.oZ'013-098 Sent. Tuesday, June 03, 2014 8:26 AM P To: Hillgren, Bradley; Amen, Fred; Myers, Jay; Kramer, Kory; Lawler, Ray; Tucker, Larry; Brown, Tim Cc: Wisneski, Brenda; Brandt, Kim; Ramirez, Gregg; Burns, Marlene; Gardner, Nancy; Selich, Edward Attachments: Planning Comm- 140603.pdf Chair Hillgren & Commissioners: Attached please find SPON's position letter regarding your upcoming vote on the Land Use Element Amendment. We request that the Planning Commission recommend that the City Council neither certify the SEIR nor approve the LUEA for the reasons outlined in the attached. We also request that our letter be placed into the public record of this meeting. Please feel free to contact us if any questions. Thank you for considering our request. Marko Popovich President C r4 _ St8l Pratactirrg ur rVEVmpart tnmiring Tlie Neal ticnL'r1{ILIII PO Box 102 Balboa Island, CA 92662 www.SPON-NewportBeach.org Info @SPON- NewportBeach.org Facebook STOP POLLUTING OUR NEWPORT (SPON) is a 501.c.3 non - profit public education organization working to protect and preserve the residential and environmental qualities of Newport Beach. rt M§-bllProtecting ur Newpo OFFICERS June 3, 2014 PRESIDENT Bradley Hillgren, Chair Marko Popovich Newport Beach Planning Commission c/o Brenda Wisneski VICE PRESIDENT Elaine Linhoff SUBJECT: Land Use Element Amendment Inspiring The Next Generation TREASURER Dear Chair Hillgren & Planning Commissioners: Dennis Baker At your June 5 meeting, please recommend that the City Council neither certify the SEIR SECRETARY nor approve the LUEA. We offer the following reasons: Allan Beek • You do not have answers to critical questions and comments raised about the SEIR by SPON and others and having to do with serious traffic impacts on roadway circulation BOARD MEMBERS in Newport Beach and associated freeways. • This Amendment should not be considered before planning is done and /or mitigations Nancy Alston completed as anticipated in the 2006 General Plan for Mariner's Mile so that residents Iryne Black of the City can vote with full knowledge of what is to be expected at intersections and Don Harvey traffic levels along PCH. Dorothy Kraus Donald Krotee • There are intersections in CdM such as Marguerite and Goldenrod along with those on Andrea Lingle Mariner's Mile which have already been allowed to operate at unacceptable levels Bobby Lovell because there are no feasible improvements to be made. Jeanne Price Melinda Seely • The Amendment should not be considered until the outcome of Banning Ranch is Jack Skinner known, so as to allow voters full knowledge of what is to come of traffic along PCH. Nancy Skinner . It is unacceptable to arbitrarily allow as well as encourage the raising of heights in the Jean Watt lower Newport Center view -shed, specifically Block 100. Portia Weiss Terry Welsh Thank you for considering these comments, Marko Popovich, President SPON cc: Gregg Ramirez; Kim Brandt; Nancy Gardner; Ed Selich STOP POLLUTING OUR NEWPORT (SPON) is a 501.c.3 non - profit public education organization working to protect and preserve the residential and environmental qualities of Newport Beach. PO Box 102 1 Balboa Island, CA 92662 www.SPON- NewportBeach.org I Info @SPON- NewportBeach.org n::a; DMP PROPERTIES June 4, 2014 Via U.S. Mail and Email Kory Kramer, Secretary City of Newport Beach Planning Commission 100 Civic Center Drive Newport Beach, CA 92660 Re: General Plan Amendment Dear Commission Members: Correspondence Item No. 3e General Plan a pd Use Element Amendment PA2013 -098 Real Estate Investments Property Management Affiliates of our Company own the fee at 180 Newport Center Drive and the fee and improvements at 250 Newport Center Drive. We are aware of additional development rights property owners in the area, including The Irvine Company, are seeking for Fashion Island, including the 100 Block. While we are not necessarily opposed to such additional development at this time, we have obvious concerns about how additional office, commercial and/or residential projects near our properties, particularly the proposed hotel and commercial project at 150 Newport Center Drive (the current car wash site), would impact our properties' parking, traffic flow, views, ingress /egress, and access. We will object to any proposed project that adversely impacts our property rights. We understand that additional changes to the Zoning Code may be required to implement certain projects, and that we may have an opportunity to voice our concerns at that time, however we wanted to ensure our views were made part of the record at this time. Sincerely, DMP Properties By: Mark Perlmutter, President Office: 949.720.81666 Fax: 949.720.8184 250 Newport Center Drive I Suite 300 1 Newport Beach I CA 92660 www.DMPProperties.com Correspondence Item No. 3f General Plan Land Use Element Amendment PA2013 -098 Comments on June 5, 2014, Agenda Item No. 3: GENERAL PLAN LAND USE ELEMENT AMENDMENT (PA2013 -098) Comments on Newport Beach Planning Commission regular meeting agenda item by: Jim Mosher ( IImmosher(cDyahoo.com ), 2210 Private Road, Newport Beach 92660 (949 -548- 6229). Abstract I have previously submitted comments on this "project," both orally and in writing, at the May 22 Planning Commission Study Session and at the various meetings of the Land Use Element Amendment Advisory Committee which I hope may be incorporated by reference. The present comments are intended to extend and amplify those. I feel strongly that the present project is not a thoughtful revision of the City's General Plan, and that the Planning Commission would be doing a disservice to the residents of Newport Beach if it recommends passing a shoddy product on to the City Council for placement on the November election ballot. Instead of a thoughtful reevaluation of the City's vision for the future, the present project seems little more than a rather arbitrary grab -bag of private new entitlement requests -- which would normally be funded by those seeking the entitlements - as well as an effort to make an end -run around the citizen - mandated Greenlight process in which the developers seeking those entitlements would be expected to put the merits of the projects affecting specific areas of the City up for separate votes, improperly turning that into a City- sponsored and City- funded event. For the reasons I have attempted to articulate in my written and oral comments, I recommend the Planning Commission disapprove the proposed amendments to our General Plan -- which believe relieves it of the of any duty to pass judgment on the Supplemental Environmental Impact Report. Inadequate Reasons for Amendment Chapter 1 of the City's current General Plan describes the fifteen month community "visioning" process and five years of preparation that produced that document. Although there might be reason to make minor revisions to the plan, City staff being approached by developers wanting a different plan - the primarily reason for change offered to City Council when the current process was initiated as Item 19 at their May 28, 2013, meeting, as well as in the Introduction to the current staff report - does not, by itself, seem sufficient reason to discard or modify the previous work product. Logically, since the current General Plan took about five years to develop and was self - described when approved by voters in 2006 as a vision intended to be valid through 2025, we should still be five or six years away from needing to start rethinking a new development pattern appropriate for 2026 -2045. What bothers me most about the present process is that it started, at the first LUEAAC meeting, with the announcement of a series of proposed land use changes with little or no explanation of June 5, 2014, PC Agenda Item 3 Comments - Jim Mosher Page 2 of 10 how they fit into the City's existing vision for the future, or if they did not fit, why that vision needed to be changed. That was followed by a series of what seemed random spot zoning type requests to the Committee from developers who became aware of the LUEAAC meetings. Meanwhile, a careful rethinking of areas identified in the original May 28 presentation -- Mariner's Mile, Lido Village and /or West Newport — was rejected not so much because it was not needed, as because there was insufficient time to do it in a thoughtful way. I also found it odd that no one ever offered any clear reason why the changes to the Newport Center plan were necessary, and whether The Irvine Company (and other property owners there) had any problems with them, or agreed with the supposedly City- initiated plan to reduce entitlement limits on other properties they owned. Subsequent explanations of why a revision of the General Plan is needed at this time do not, at least for me, square with the proposed menu of entitlement changes — nor, if a new vision is needed, show me those particular changes are the best way of achieving it. Among the reasons cited have been the work of the 2012 Neighborhood Revitalization Committee's Citizen's Advisory Panels. This seems like a convenient fiction to me. First, the CAP's were more like focus groups reviewing the work of outside consultants. But even then, three of the five CAP's work was confined to reviewing street landscaping plans which would hardly rise to the level of requiring General Plan Amendments. Of the remaining two, the Lido Village CAP considered only design guidelines, and was explicitly told changes in land use (such as new uses for the "old" City Hall site) were not within its purview. And the Balboa Village CAP's end product was the Balboa Village Master Plan adopted by the City Council on September 25, 2012. The "Planning /Zoning Recommendations" offered on page 13 of that document relate to parking and encouraging "mixed -use development pursuant to recently adopted land use designations in the City's General Plan." That is hardly a call for a revision of the Land Use Element, and none of this is even remotely related to adoption of the specific entitlement changes being proposed. Additional reasons cited have been new legislation and emerging best practices. That may be a more reasonable justification, however what this new legislation was and what the new best practices might be was not explained to the LUEAAC prior to their consideration of the new entitlement requests and did not seem to inform their decisions regarding them. To the best of my knowledge, the only request denied was one from Trumark Homes for additional residential development in West Santa Ana Heights, which was rejected because of existing airport noise limits. Although there may well be merit in adopting emerging statewide and regional sustainable communities strategies, I am unable to recall any discussion of whether the proposed basket of entitlement changes is the best way for Newport Beach to implement such new planning goals. I would think better ways would be to rethink the City's many residential areas lacking adequate walkable retail opportunities. The financial crisis of 2007 -8 has also been cited has also been cited as triggering the need, in 2013 -4, for a revision of the Newport Beach Land Use Element, but I have not been able to follow why. June 5, 2014, PC Agenda Item 3 Comments - Jim Mosher Page 3 of 10 Insufficient Scope of Amendment The effort to provide the eight year old General Plan with "an oil change and a lube" by arbitrarily reviewing only the Land Use Element lacks a big picture perspective as to what the City is trying to accomplish. It also makes the new Land Use Element inconsistent with the overall Plan in ways that have not been adequately addressed by the few minor tweaks thought necessary to the Implementation Program (Chapter 13) and Glossary (Chapter 14). Although a number of changes to the Land Use allocation tables and maps in the General Plan have been similarly made since 2006 without explanation or revision to the text, the presently proposed changes are major enough that they need to be better integrated into the General Plan as a whole. In particular, Chapter 1 (Introduction) needs to be revised to describe the amendments to which the initial 2006 Plan has been subjected and what the new General Plan is intended to reflect. Otherwise the goals and policies the public finds in the Land Use Element (Chapter 3) will be inconsistent with the description of where they came from in Chapter 1. Likewise, some explanation needs to be provided of why Chapter 2 (Vision Statement) continues to call for "a conservative growth strategy that emphasizes residents' quality of life, yet the words implementing that have been struck from the Goals and Policies in Chapter 3 (Land Use Element). Equally importantly, it is not clear to me that the Land Use Element revisions have been thoughtfully examined for consistency with any of the other elements, including the recently adopted Housing Element (Chapter 5) — which seems to me to require much less housing development than the proposed new land use allocations seem intended to accommodate. One might also hope that significant changes in land use planning would be deferred until the public can see how they would fit into other City initiatives, such as the completion of its Bicycle Master Plan and its state - required new natural Hazard Mitigation Plan. Moreover, if the purpose of the present revisions is to respond to emerging best practices it is difficult to understand why at least equal attention is not being given to revising the Circulation Element (Chapter 7) so that it will coordinate with the proposed changes in our vision for land use (if we have one). As I understand it, the sustainable communities strategies, including that in Orange County, are responses to concerns about greenhouse gas emissions and climate change, and focus on reducing vehicle miles traveled — which would seem to involve changes to transportation infrastructure and policy as much as land use. Role of the Planning Commission Planning Commission Vice Chair Tucker made some comments to the public at the May 22 Study Session to the effect that since the Commission is purely a "technical review" body, providing comments to it on the wisdom, or lack of wisdom, of the proposed Land Use Element Amendments was pointless. As I said in oral comment then, I think this is selling the Commission short. I am unable to find any such limitation on the Commission's role in the City Charter's description of the Planning Commission. On the contrary, since the Newport Beach General Plan is supposed to reflect the unique vision of the community for its future, I should June 5, 2014, PC Agenda Item 3 Comments - Jim Mosher Page 4 of 10 think the City Council would be very much looking for a recommendation from seven residents with experience in planning as to whether adoption of proposed changes to the plan is wise and well thought out, or not. Vice Chair Tucker also made comments about the Planning Commission, in its evaluation of the EIR, being statutorily required to reject all but expert opinion based on substantial evidence, a comment which seemed intended to discourage public testimony. I believe the Vice Chair was expressing a personal interpretation of the State CEQA Guidelines, which 1, to the contrary, believe allow the Commission to weigh evidence presented by anyone — but to reject mere opinion unless it is the opinion of experts relying on substantial evidence. But if the Planning Commission is indeed confined to making findings of technical adequacy independent of the merits of what is being proposed then I feel the Commission is compelled to defer the present hearing until it is noticed in compliance with state law (see first paragraph of following section), as well as deferring consideration of the Supplemental EIR until it has been subjected to a properly noticed public review (see comment on Response 114A -4 in second section below). Additional Procedural Concerns As noted on page 11 of the staff report, Government Code Section 65091(a)(4) allows the public notice requirements for hearings on General Plan amendments to be met "by placing a display advertisement of at least one - eighth page in at least one newspaper of general circulation within the local agency in which the proceeding is conducted at least 10 days prior to the hearing." However, the "add" noticing the present hearing (appearing in the Daily Pilot on May 24, 2014) was significantly less than one - eighth page (5.25 inches tall, when one - eighth page would have required at least 7.3 inches). Although I don't know how many people receive notice through that paper, it seems to me the current hearing was not properly noticed and holding an improperly noticed meeting seems a non - trivial matter to me. Another procedural concern that may or may not come up is that the Assistant City Attorney, in comments made at the May 22 meeting, suggested the Newport Beach Planning Commission's Rules of Procedures [sic] allow all motions, including resolutions, to be passed by a majority of whatever Commissioners happen to be present at the time of the vote. Since only five Commissioners are expected at the present hearing, it may be useful to note that regarding General Plan amendments, Government Code Section 65354 requires "A recommendation for approval shall be made by the affirmative vote of not less than a majority of the total membership of the commission' [emphasis added] that is, four members — as is the case, under the City Charter, for ordinances and resolutions of the City Council. See also the comment on Response 114A -4 in following section regarding an inadequate Notice of Availability for the Environmental Impact Report. June 5, 2014, PC Agenda Item 3 Comments - Jim Mosher Page 5 of 10 Comments on Supplemental EIR (Exhibit A) As indicated above, I don't believe the Planning Commission is required to make environmental findings if its action is to disapprove the proposed changes. I am unable to comment comprehensively on the SEIR at this time, but with regard to the responses to comments in the proposed "Final" SEIR, I found many unresponsive as illustrated by the following analysis of the responses to the comments I submitted during the public review period, which appear starting on Page 2 -199: • Response 114A -1: In my opinion, the response does not address the concern raised, which is that the SEIR was "scoped" before the project had been fully defined. I do not know how the public and outside agencies can be expected to intelligently comment on the required scope of an SEIR before the project it analyzes has been defined. • Response 114A -2: I thank the preparers for explaining how the 45 day public review period was established. I might note that in establishing the 45 day review period, for the Lido House Hotel EIR (SCH NO. 2013111022) one day more than in the present case was allowed and for the John Wayne Airport Settlement Agreement Amendment DEIR (SCH No. 2001111135), two days more were allowed. • Response 114A -3: The response does not address the concern expressed as to whether 45 days, even if legally allowed, was adequate in practice for public review under the stated circumstances. • Response 114A -4: The preparers have failed to respond to my concern that the draft SEIR the Planning Commission is being asked to review was improperly circulated because the Notice of Availability failed to comply with the mandatory requirement in the State CEQA Guidelines that the City notify the public, in the NOA, of the dates on which the City had scheduled public meetings to review the project. The preparer points to nothing in the CEQA guidelines that absolves them of the responsibility to include the dates in the NOA because they are "tentative' or "approximate." All dates are tentative until the event actually happens, and the fact that the schedule was repeatedly announced orally at public meetings makes it only more curious that they were not provided in the NOA. The public has a right to assume the lead agency will follow the law, and based on that assumption, attendance at other public meetings to hear oral announcements should not be necessary. I have submitted evidence that the expected dates of the May 8 and May 22 Planning Commission Study Sessions were known at the time of release of the NOA. I suspect plans for a June 5 Planning Commission and July 8 City Council hearing had also been made, as well as for the April 10 Public Information Meeting — the only public meeting dealing with the project that I am aware of held during the SEIR public review period, and arguably the most critical to inform the public of in the NOA. To me this seems a simple matter: dates of expected meetings known to the agency at the time of release of the NOA are required to be provided in the NOA. I strongly feel the lead agency's failure to do so invalidates the present review of the SEIR. June 5, 2014, PC Agenda Item 3 Comments - Jim Mosher Page 6 of 10 • Response 114A -5: As indicated by many other public comments to a similar effect, I was not allowing in feeling that the choice of baseline did not provide the public with the information they needed to understand the impacts of the project, nor does the response allay the concern. Response 114A -6: The response fails to explain how changes in planning since 2006 outside Newport Beach have been taken into account. • Response 114A -7: I thank the preparers for clarifying where the Cultural Resources Appendix C referred to on page 5.3 -5 can be found. However, my confusion arose because the document containing it is incorrectly described as the "Cultural Resources Assessment Report" when "Report" is not part of the title as listed in the Bibliography, giving a "title not found" result when searching for it automatically. Giving either the correct title or the correct citation (Cogstone, 2014) would have avoided the comment. Response ll4A -8: I thank the preparers for correcting the proposed "final" SEIR to more accurately describe where Newport Beach is located in Orange County. Response 114A -9: I appreciate the long, discursive explanation provided, but the preparer has completely missed the point of my comment. The "(V /C > 1)" statement on page 5.11 -4 is what I suspect are many errors in the SEIR. It should read "(V /C < 1) ". • Response 1146 -1: "Comment acknowledged" hardly seems an adequate response. The fact that the preparer reached a different conclusion than the ALUC regarding the consistency of the project with the AELUP raises questions about the adequacy of the SEIR, in particular whether the preparer correctly understands how the AELUP works. This amounts to only three out of ten cases in which a response was offered that clearly and directly addressing the concern raised, which I suspect is similar to the result for other commenters. That does not seem like an adequate SEIR to me. Other responses to comments, like much of the SEIR, are so poorly proofread it places a great burden on the public, who has to slowly guess what the preparer was trying to write. As a somewhat random example, Response 113 -2 on Page 2 -183 says: "The criteria for a Supplemental EIR as quoted in this comment (CEQA Guidelines Section 15163) is not related to the "additions or changes" necessary to make the previous EIR adequate. The eligibility for a project to be processed with a Supplemental EIR is not based on the scale or magnitude of the proposed changes." In this case, fortunately, the commenter provided the exact text of Section 15163, which in comparison to the comment being responded to tells me the "nor' in the first sentence of the response is erroneous. So as with the text referred to in Response 114A -9, above, I have to assume the SEIR text is intended to mean the opposite of what it says. And as to the substance of the "response," I find it hard to understand how the need to add thousands of pages to make the previous EIR adequate is a minor change. The grammatically and substantively incorrect response does not give we a feeling this is an adequate SEIR. Among the responses to comments I read, one of the more amusing was that the comment by Susan Harker submitted within 7 minutes of the close of the public review period, and asking how the process, and in particular the opportunity to comment on the SEIR was advertised. Response 116 -1 on Page 2 -215 says, in part: "In addition, upon kick -off of the process in July June 5, 2014, PC Agenda Item 3 Comments - Jim Mosher Page 7 of 10 2013, the City issued a press release which resulted in an article in the Sun Post." Some online research suggests that the Sun Post is a local supplement to the Orange County Register that is distributed in San Clemente. Although the comment letter does not give an address, I am mystified how media coverage in San Clemente is expected to be seen by residents of Newport Beach. As a somewhat random comment on the body of the SEIR, I might note that on Page 5.4 -15 in the Greenhouse Gas Emissions chapter, Executive Order S -03 -05 is misattributed to California Governor Brown. It should be evident to anyone reading it that the Order was actually issued by Governor Arnold Schwarzenegger. But more importantly, as indicated in more detail in the analysis of proposed Glossary revision 6, below, the same page reflects a persistent misunderstanding throughout the SEIR and the accompanying documents of the intent of the Order. The SEIR says Executive Order S -03 -05 set "a long -term goal of reducing GHG emissions to 80 percent of 1990 levels by 2050" [emphasis added]. In fact, it set a goal of reducing GHG emissions to 80 percent below 1990 levels, which is a quite different thing (namely, "20 percent of 1990 levels by 2050). This error is repeated in the proposed draft Findings of Fact and the draft Statement of Overriding Considerations. Comments on Amended Land Use Policies (Exhibit C) This is really a revision not just to the Land Use Element's Goals and Policies, but to its entire text. As indicated in previous comments, I feel the Land Use Element from 2006 has major structural problems that continue to go unaddressed. It goes into detail about certain small areas of the City while leaving others largely omitted. I am, for example, unable to glean much from it about the City's vision for development in the Newport Coast region, or even the extent to which the City has jurisdiction over it, since the coastal planning aspects of it appear to remain with the County. I also have no way of knowing if the proposed entitlement changes for Newport Coast will create inconsistencies with its Certified Coastal Plan. While I do not have time to comprehensively comment on the proposed changes in advance of the present hearing, I would like to note that some of the proposed changes seem inconsistent with the stated reasons for revising the Land Use Element. For example, the proposed new LU 7.1.3 (Residential Affordability, formerly LU 6.2.3) deletes the previous commitment to provide units affordable to persons working in the City, which I thought was a cornerstone of sustainable communities strategies, as well as a justification for the proposed Newport Center and Airport Area land use changes. If the people who work there cannot afford to live there, they are not live -work communities. I might also note that following the "Districts" heading on handwritten page 53 of the present staff report, where changes to the introductory text in the following parts of the Land Use Element have been made they seem inconsistent with the last paragraph under "Districts" which describes that text as a statement of conditions that existed in 2005. June 5, 2014, PC Agenda Item 3 Comments - Jim Mosher Page 8 of 10 Comments on Revised Glossary (Exhibit E) As previously indicated, in my opinion the Glossary (Chapter 14) of the City's 2006 General Plan is poorly done and in need of extensive revision, however such revision does not seem to be contemplated as part of the present project. Handwritten page 108 of the staff report appears to add to the structural deficiencies by recommending insertion of a paragraph entitled "2014 Land Use Element Amendment" at or near the start of the Glossary. I certainly think some explanation of the 2014 amendment process is necessary somewhere within the amended General Plan, but this doesn't seem like the logical place to me. What would seem appropriate as a preface to the Glossary would be an explanation of its intended purpose. For example: • What legal significance are the definitions provided in the Glossary intended to have? • How are the many terms that appear in the General Plan, but are not defined in the Glossary, to be understood? Conversely, are the terms defined in the Glossary, but not elsewhere used in the General Plan, intended to have some significance for planning in Newport Beach —for example are these definitions to be used in interpreting the Zoning or Building Codes? In my view, depending on their intended use, many of the existing definitions are defective — some laughably so, such as the wrong number of Council members -- although I don't understand why a definition of "City Council" is even necessary, nor what significance it would have if it differed from the powers and duties conferred in the City Charter. The following comments are limited to the proposed changes to the Glossary, and are intended to illustrate that even those are not carefully thought out: 1. Climate Action Plan (handwritten page 113): It would seem useful to identify which year's "Senate Bill 375" is being referred to. It would also seem useful to add the new acronym "CAP" (not to be confused with "Citizens Advisory Panel" — a term used elsewhere in the amended Land Use Element) to the list of acronyms (page xviii of the overall General Plan). 2. Climate Change (handwritten page 113): This seems a highly questionable definition compared to what I understand the term to mean. Why don't summer and fall temperatures count? Why changes in the past 50 years, but not the future or more distant past? Why is drier (and less snowpack) a change but not wetter? The IPCC definition seems much better to me: "Climate change refers to a statistically significant variation in either the mean state of the climate or in its variability, persisting for an extended period (typically decades or longer)." If the intent is a more specialized definition that applies only to increases in average local temperatures that should be made clear. June 5, 2014, PC Agenda Item 3 Comments - Jim Mosher Page 9 of 10 3. Compatibility (handwritten page 115): See bullet points, above. This differs from the definition of Compatibility in Section 20.70 of the NBMC. Is it good to have different definitions in such closely related legislation as the General Plan and the Zoning Code? 4. Embodied Energy (handwritten page 118): My understanding is this is a measure of energy content (or more precisely, energy required to replace) — that is, something that can be quantified in energy units (for example, joules) and can be increased or decreased through design changes. It certainly doesn't seem to me to be "an accounting method." The proposed "definition" seems to be taken from the second paragraph of a Wikigedia article, and it seems to me to be the wrong sentence to copy. The definition is found in the start of the first paragraph: "Embodied Energy is the sum of all the energy required to produce any goods or services, considered as if that energy was incorporated or 'embodied' in the product itself." 5. Greenhouse Gas Emissions (handwritten page 122): Since the intent seems to be to use "GHG" to stand for "Greenhouse Gas" rather than " "Greenhouse Gas emissions," I assume the entry should be written as: "Greenhouse Gas (GHG) Emissions" rather than "Greenhouse Gas Emissions (GHG)" (as is proposed). By the same token, if used in the amendment, "GHG" should be added to the list of acronyms on page xviii of the overall General Plan. As to the substance of the definition, it seems to be attempting a definition of anthropogenic GHG emissions, rather than GHG emissions in general (not all of which are a result of human activity). As such it might read: "The combustion of fossil fuels for energy and transportation are the primary sources of manmade GHG emission' (possibly excluding water vapor), but it would remain more of a statement than a definition. Collins English Dictionary offers "the emission into the earth's atmosphere of any of various gases, esp carbon dioxide, that contribute to the greenhouse effect" which seems better. 6. Greenhouse Gas Emission (GHG) Reduction or Reducing Greenhouse Gas (GHG) Emissions (handwritten page 123): Again, if "GHG" stands for Greenhouse Gas, this was probably meant to read "Greenhouse Gas GHG Emission (GHG) Reduction or Reducing Greenhouse Gas (GHG) Emissions." As to the substance, as best I can tell this is policy masquerading as "definition" and the proposed policy is that a project that emits the same GHG as a similar project built in conformance to 1990 standards will automatically be deemed to have reduced GHG emissions, and the existing use of the subject property is irrelevant. In other words, building a large trash incineration facility on a vacant lot would be deemed a reduction in GHG emission as long as it emits less GHG than a similarly sized trash incineration facility built to 1990 standards would. It is not clear to me that a General Plan definition can preempt state policy, for this completely misinterprets what the statewide goal is. As I understand it, the California goals established in 2005 were to reduce the total tonnage of COz equivalent GHG emissions to the 2000 tonnage by 2010, to the 1990 tonnage by 2020 and to one -fifth the 1990 tonnage (an 80% reduction) by 2050. Adding new development built to 1990 standards does nothing to achieve that goal, and unless it replaces an exceptionally high emitter will almost certainly increase the City's production of GHG emissions compared to adding new development built to modern standards. June 5, 2014, PC Agenda Item 3 Comments - Jim Mosher Page 10 of 10 7. Heat Island Effect (handwritten page 123): This seems to be a definition of a Heat Island rather than a Heat Island Effect. 8. Infill Development (handwritten page 125): If the Glossary is not being comprehensively updated, it is unclear why this new definition has been added. Is it intended to change the meaning of the term as already used in the General Plan? And is it intended to distinguish "Infill Development" from "Infill "? 9. LEED Certified (handwritten page 126): It might be noted that the LEED acronym is already explained in the General Plan, although this more extensive definition is probably helpful. The acronym "USGBC" is also explained on page xxi, although one might wonder why it appears there, and in this new definition, since it does not appear to be used anywhere else in the General Plan. 10. Policy (handwritten page 133): The first part of the second added sentence seems ungrammatical. Shouldn't there be an "and" between "provide" and "encourage'? And shouldn't "is" be "are" in two places following that? But regarding all the proposed additions, it seems dangerous to me to assume all the policies appearing throughout the existing General Plan — not just in the Land Use Element — were written with these definitions in mind. I suspect a close reading is necessary, and some might need revision to conform to these standards. It seems particularly puzzling to me that in a planning document there would be no way to craft policies for the future that do not include the present. 11. Sustainability (handwritten page 141): This is clearly a definition of "Sustainable Development' rather than " Sustainability." Since "Sustainable" and " Sustainability' are used more often in both the existing and amended General Plan, it is unclear to me why a definition of a single, more specific phrase is desired. The proposed definition also seems, for unknown reasons, to gloss over or reject the core sense of a sustainable project being one that can be maintained at a steady level without depletion of resources. 12. Whole System (handwritten page 145): Since we have learned (under " Sustainability' on page 141) that "Sustainable Development' balances economic, social and environmental concerns, it is unclear why "Whole System Design" is focused on increasing "economic and environmental performance," but apparently neglects social consequences. Also, should the word "increase" be "maximize "? "Increase ... throughout' would seem to imply a constantly increasing performance level as the system ages, which would seem very difficult to achieve. "Maximize" would mean shooting for the best levels that could be attained. Finally, why is the acronym "WSD" being introduced when it is used nowhere else in the General Plan? UNIVERSITY OF CALIFORNIA, IRVINE BERKELEY - DAVIS - IRVINE - LOS ANGELES - MERCED - RIVERSIDE - SAN DIEGO - SAN FRANC] Item No. 3g General Plan Land Frank M. IAFerla, PILD. Ilana and Francisco J. Ayala Dean PA2 013 — 0 9 8 Francisco J. Ayala School of Biological Sciences June 4, 2014 City of Newport Beach Planning Commission 100 Civic Center Drive Newport Beach, CA 92660 RE: Land Use Element Amendment (PA2013 -098) & EIR SCH #2013101064 UAP Company Parcel — 4699 Jamboree Road & 5190 Campus Drive Belmont Village Senior Living - Trip Neutral — Congregate Care Facility To Members of the Newport Beach Planning Commission: SANTA BARBARA- SANTACRUZ Use Element Amendment 5120 Natural Sciences 11 Irvine, CA 92697.1450 (949)824 -5315 lakrla@uci.edu This is a letter of support for the need for more quality senior living and memory care programs in our community. UC Irvine's Institute for Memory Impairments and Neurological Disorders, UCI MIND, is one of 27 research centers in the nation funded by the NIH to find treatments or a cure for Alzheimer's disease. It is our mission to research ways to make memories last a lifetime. Until we achieve our mission, those with Alzheimer's disease and other memory disorders need to be cared for with dignity and quality care. The impact of Alzheimer's disease in the United States today is staggering and its impact will only grow as 10,000 Baby Boomers turn 65 each day. Every 67 seconds someone in the US develops Alzheimer's disease. It is the 3,d leading cause of death in the nation. With age as the highest risk factor, over the next 20 years the incidence of Alzheimer's is expected to double. Today, there are 84,000 Orange County residents affected by Alzheimer's disease, or at high risk of developing it. Few illnesses disrupt the quality of life as much as dementia. Families seek to have their loved ones cared for by highly trained professional staff at care communities near their own homes, so that they can visit and preserve close relationships with their mother, father, husband, wife or other family member. With the numbers of people who are being diagnosed increasing, the need is increasing, as well. More high quality senior living and memory care programs are needed in the Newport Beach area. I have had the opportunity to visit the Belmont Village community in Westwood which has an affiliation with UCLA. I was impressed with the richness and quality of the programs for the residents there. I urge you to support the proposed land use change at Jamboree and Campus to allow for the development of Assisted living/Congregate Care (Trip Neutral). Sincerely, D,i,- G�1 , ;fi" --- Frank M. LaFerla, Ph.D. Hana and Francisco J. Ayala Dean Correspondence' Item No. 3h General Plan Land Use Element Amendment PA2013 -098 Linda Scheck 1215 Rutland Road Newport Beach, CA 92660 June 5, 2014 City of Newport Beach Planning Commission 100 Civic Center Drive Newport Beach, CA 92660 RE: Land Use Element Amendment (PA2013 -098) & EI'R SCH #2013101064. UAP Company Parcel - 4699 Jamboree Road & 5190 Campus Drive Belmont Village Senior Living -- Trip Neutral- Congregate Care Facility To Members of the Newport Beach Planning Commission; I joined the staff of the Alzheimer's Association of Orange County in 1,987 and served as the executive director for the non - profit organization, which supports families and individuals - coping with Alzheimer's disease, until I left in 2004. I then became the director of development and donor stewardship for the Institute for Memory Impairments and Neurological Disorders; UCI MIND at UC l vine. I help raise funds for research to end Alzheimer's disease., It is the goal of UCI MIND to find treatments and a cure for the neurological disorders that impact memory, such as Alzheimer's and Parkinson's disease. Research today brings hope for . tomorrow. People who are at highest risk for developing dementia, those 65 and older, the baby boomers, are one "of the fastest growing segments in our community. Many of them will not benefit from a possible cure or treatments to stop the disease that our researchers are diligently investigating. We -are in a race against time. I have been a resident of Newport Beach since 1968. My husband,and'I have - raised our children in this remarkable community and now, our grandchildren are growing up here, The importance. _ of the support and care we provide for each other is very important to our family. I believe that in that way, we are like most residents of Newport Beach: I am writing this letter to share my opinion that Newport Beach needs more quality senior living and memory care communities. I am writing as a resident of Newport-Beach to urge you to consider approving the development of communities that provide quality care. Care that ensures dignity and honors the person who is slowly losing "self'— who they once were. Quality care provided by caring and well- trained staff in a setting here in our neighborhood. I know the impact this devastating disease has on the individual who is losing memories with each dying brain cell. I know the impact on their families and loved ones who see the person they love slowly fade away. My family, like many others has been impacted by the disease. It is an overwhelming and cruel disease. Most families want to have their loved ones live in a care community that is nearby so that they can visit often and preserve a close relationships with their mother, father, husband, wife or grandparent. I have visited the Belmont Village community in Westwood, which has an affiliation with UCLA. The depth of the programming and the services for the residents there is exceptional. I understand that there is one currently in development near UC Berkeley. The proposed location for Belmont Village in Newport Beach is easily accessible to all of Newport Beach and is near the UC Irvine campus. The potential collaboration between research and care is an important element to be considered. The need is here and growing and the opportunity is now. I urge you to support the proposed land use change at Jamboree and Campus to allow for the development of Assisted Living/Congregate Care (Trip Neutral). Sincerely, Linda Scheck Correspondence Item No. 3i General Plan Land Use Element Amendment PA2013 -098 BARRY L. ALLEN 1021 White Sails Way Corona del Mar, CA 92625 949- 644 -9264 City of Newport Beach Planning Commission City Hall Hand Delivered and Read for the Public Record June 5, 2014 The GREENLIGHT Initiative was voted on by the people of Newport Beach and it passed. The voters were fed up with rampant development that crowded our roads. New Development was invading our lovely residential city and creating or adding to gridlock on our streets. The people of Newport Beach voted against having a freeway through our town. The GREENLIGHT supporters wanted to keep our roads local and have some "say" in how the developers were using our roads as entrances and exits to their commercial and office projects; using our roads for the developers' commercial benefit. The voters felt they wanted to know how much traffic would be added to the existing roads by any proposed new development project. "GREENLIGHT" calls for a vote of the people on whether or not they favor a new development. That was the purpose of GREENLIGHT and don't let anyone tell you it was not. The developers hate GREENLIGHT. So what has happened is the friends of the developers on the City Council and City Staff have worked very hard to obscure and "explain" out of existence the traffic analysis required by GREENLIGHT. The City Staff and their consultants do a detailed analysis of everything about a project claiming to comply with GREENLIGHT, except they leave out the important traffic numbers. The developers and their friends in City government do not want to tell you in simple plain English what traffic will be generated by a new development. They want to talk about stop light synchronization, and adding a new through lane or a new turning lane at intersections. All this, they say, is done to help the voters understand the impact of the new development project, claiming to help the voters make an intelligent choice when the development comes up for a GREENLIGHT vote. The needed traffic numbers are clearly missing from the documents prepared by City staff and their consultants in support of the Irvine Company development in General Plan Amendment - -- "Yes" I mean documents created by the City in "in support" of the Irvine Company development because the City staff does not oppose Irvine Company developments. If the City staff was truly neutral and fair they would do the one thing that has been asked of them by people like me. I have asked at public meetings, by letters, even in one letter to be included in the Environmental Impact Report I have asked for 2 pieces of information that are easily ascertainable as GREENLIGHT directs: (1.) Give the estimated traffic that will be generated by a 400,000 square foot office tower proposed for Newport Center in the General Plan Amendment. All that would take is a single paragraph, because they know what the information is. So why not tell the voters that? (2.) Give the estimated traffic that will be generated by the two existing office towers in Newport Center that are built but not yet occupied. (These are the PIMCO Tower and the Irvine Company headquarters tower, which the Irvine Company boasts is the tallest building in Orange County!) These traffic estimates are very easy to calculate. GREENLIGHT tells the City to use the estimates in the Institute of Traffic Engineers Manual, a manual that all traffic engineers have readily available. The reason the friends of the developers on the City Council and City staff will not give that information is because they are afraid the numbers will scare the voters because they are so high. They don't want the voters to know that these 3 towers will add 16,800 new car trips during peak hours alone to the existing traffic gridlock in and around Newport Center. (Peak hours are 7a.m. to 9 a.m. and 4p.m. to 6 p.m. every weekday.) These 3 towers will add 16,800 car trips during peak hours every Monday through Friday, 52 weeks per year. This is in addition to the existing traffic in and around Newport Center at peak hour! STARP®1NTE VENTURES Mr. Gregg Ramirez City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 /�& --VOA /T-&,2 3 Correspondence Item No. 3j General Plan Land Use Element Amendment PA2013 -098 June 5, 2014 Re: Further Comments re Newport Beach SEIR Dear Mr. Ramirez: This letter shall serve as official comments on behalf of property owner John Saunders on the Draft SEIR which was released on March 17, 2014 and the Final SEIR on May 30, 2014. This letter incorporates, by reference, all comments made orally at the hearings and meetings from 2013 through 2014 and the comments made to the DSEIR. We also reserve the Light to provide additional comments regarding the adequacy of the Final SEIR as the process moves through the Planning Commission and City Council hearings. To summarize this letter, notwithstanding the Response to Comments contained in the FSEIR, the FSEIR is adequate and should be certified with respect to the Project ONLY. The Project Alternative study is completely flawed and cannot be supported by the record. General Comments Based on information from the Airport Settlement Agreement EIR /Traffic Study, it appears clearthat one, if not both, of the Significant and Unavoidable Impacts related to Traffic /Transportation would be eliminated. This would lead to the overall conclusion that there are no traffic impacts projected relative to the Proposed Project. A — The finding relative to cumulative impacts when considering traffic from the Airport Settlement does not appear valid based on the data in the Airport's Traffic Study. Addition of the relatively small incremental changes to ICU's in the Airport Area to the build out ICU's projected for those intersections (when considering GP Roadway improvements) would not appear to result in any unacceptable levels of service. B —The finding regarding impacts to Caltrans mainline segments and ramps would not appear applicable to the GPA Project if the same level of significance utilized in the Airport Study was applied to the GPA Traffic Study. The significance level utilized for Caltrans facilities in the Airport Study was set at being over a two percent increase in the base traffic level ( Airport Traffic Study page 67). 19700 Fairchild Road, Suite 240, Irvine, California 92612 (949) 622 -0420 N` Fax (949) 622 -0423 * www.starpoitLteventures.cotn Consideration should be given to the definition of, "significance," relative to both the level of proposed development and to the resulting impacts ( as exemplified by Response O3A -1). For a point of reference, it is informative to note that the 10,771 ADT resulting from proposed changes in the Airport Area represents an increase of less than 10% over the ADT projected for the build out of the entire Airport Area and approximately 1 % of ADT for the entire City. More specifically, as currently projected, the ADT added by the GPA request for the Saunders Properties would represent an increase of approximately 4% of all trips at the Build out level of the Airport Area and an increase of less than % % of the City's projected build out ADT. The application of trip rate 3c for calculating Project trip generation was included in Comments O3A -5 and OB -1, not only because it appeared to be the most appropriate NBTAM trip rate for apartments, but also to be consistent with the trip rates used in the GPA Study to calculate ADT for the Lyon GPA request ( see Table X in Appendix 4.1 to the GPA Traffic Study), which was also proposed to consist of three to story buildings. It is important to recognize that while NBTAM land use 3c is labeled as, "High Rise" in Table X, the related trip rates do not match the ITB trip rates for High Rise apartments, instead the NBTAM rates are more reflective of the ITE Mid -Rise apartment rates which makes its application logical and consistent). While modifications were proposed to better represent the existing uses on the Saunders Properties in Table 3 -1, additional changes are still necessary and important, relative to the calculation of net new trips from the Project site. It is particularly important that the records reflect that General Commercial and Medical Office uses exist on the site. Staff Report The Staff Report is incorrect with regard to the Project Alternative in many ways. First, it states that the legislative changes since 2006 and healthy and sustainable communities policy amendments are being carried forward with this update. This is not true with regard to the Project Alternative. There are simply no studies in the SEIR which would support a finding that the Project Alternative meets any of the policy goals. Concentrating all of the Land Use Element intensity from various areas of the City to one central location cannot possibly be the most sustainable and environmentally superior option In fact SB 375 and GHG reduction smart growth strategies explicitly state that the provision of additional housing opportunities near the job and transit center of JWA would be the environmentally superior alternative. City staff have tried to argue that merely having less of something is better environmentally. As has been showed time and time again with infill vs. sprawl development, often times larger, more dense development in city cores are environmentally superior to smaller, less dense development away from jobs and services. The staff report and the Response to Comments makes a logical leap with regard to the Project Alternative which cannot be supported by the FSEIR. Per the Staff Report, "On the basis of the entire environmental review record, the proposed project will have a less than significant impact upon the environment." Transportation and Traffic The Staff Report says that, "because of the uncertainty of the traffic related to the JWA Settlement Agreement, the cumulative environmental effects were considered significant and unavoidable." The Draft EIR for the JWA Settlement Agreement has been published. The Newport Beach Planning Commission must take notice of the fact that the alleged "Airport Area" impacts have been analyzed in the EIR and additional mitigation measures have been added in that Project. The statements regarding the environmental record related to the Project Alternative could not be supported when they were made initially and certainly cannot be supported now. ALUC The ALUC routinely finds new projects in the JWA AELUP area to be inconsistent. City Councils in neighboring tides routinely override these decisions. This City Council has already taken the first step in overriding the ALUC decision. Approving the Project Alternative will not obviate the need to override the ALUC decision for this General Plan Update. This is a red herring. The No Airport Area Project Alternative The Staff Report and FSEIR state that the "alternative scenario was selected for study because of its potential to reduce impacts related to John Wayne Airportt, the potential to reduce traffic impacts and cumulative and unknown impacts related to the pending Airport Settlement Agreement." This statement has always been completely untrue and, now that the JWA EIR is out for review cannot be supported at all. That EIR assumed these projects as "cumulative projects" and created a new mitigation measure for JWA as well as publishing studies which eliminate the "unknown" from the statement by the City. The criticism of our previous letter is now magnified by the findings of the J"7A EIR which studied the project as a whole. Overall Response to Comments The Response to Comments published in the FSEIR is cursory at best. 03A -1 As previously stated, this response is incorrect because you cannot prove the truth of something merely by proving the negative. CEQA requires a study of the impacts of a Project. The Project has been studied. The Project Alternative impacts have not been studied in any way and the FSEIR CANNOT state that the Project Alternative is superior merely by arguing that less intensity = less impacts. All comments above are re- incorporated here by reference. Staff has had months to run the three projects which are part of the Alternative still, the largest one is no longer being pursued, and one of them has no traffic impacts. The Project Alternative FSEIR is inadequate and not based upon the current knowledge of the projects being pursued in the GPA. 03A -2 Again, the FSEIR aggregates a project which is no longer being proposed AND by not studying the benefits of the Saunders properties, there is not sufficient evidence to determine whether any of the clauned benefits are true. For six months, the City has been aware of the fact that only three of the proposed Aixport Area projects are being pursued and that one of them is trip neutral. To create this Project Alternative is to mislead the adjudicating body into believing that the Saunders project must be removed to avoid triggering impacts. This is not the case. Notwithstanding the foregoing, the Commission could adopt the Project with the Saunders properties included based on the FSEIR. 03A -3 For both accuracy and to provide for necessary and appropriate airport support uses, it would be important to specifically include, "aviation retail, automobile rental, sales and service uses" in the list of allowed uses for the MU -112 land use category to avoid the potential future issues identified in Response 03A -3. Notwithstanding the foregoing, the Commission could adopt the Project with the Saunders properties included based on the FSEIR. 03A -4 This is, again, a mis- statement because no study was conducted. The argument made by Staff that "there would be too many iterations" is clearly false in that there are only four projects which are different between the Project and Project Alternative and two should would not require study (one because it has no trip impacts and the other because as of late last year it is no longer being pursued). Notvithstanding the foregoing, the Commission could adopt the Project with the Saunders properties included based on the FSEIR. 03A -5 The application of trip rate 3c for calculating Project trip generation because it appeared. to be the most appropriate NBTAM trip rate for apartments, but also to be consistent with the trip rates used in the GPA Study to calculate ADT for the Lyon GPA request ( see Table X in Appendix 4.1 to the GPA Traffic Study), which was also proposed to consist of three to story buildings. It is important to recognize that while NBTAM land use 3c is labeled as, "High Rise" in Table X, the related trip rates do not match the ITE trip rates for High Rise apartments, instead the NBTAM rates are more reflective of the ITE Mid -Rise apartment rates ( which makes its application logical and consistent). O3A -6 This response is not correct. Staff became aware late last year that one of the projects in the Airport Area is not being pursued, no comments have been made publicly by anyone affiliated with that project this year, and there was sufficient time before the DSEIR was published to remove the large proposal from the study which overstates impacts due to its inclusion. O3A -7 See responses above since these are largely restatements of prior responses to comments. O3A -8 See below. O3A -9 This is not accurate. The Project Alternative has not been studied. It is merely an estimation that lower intensity would be environmentally superior. O3A -10 See comments above. Deferring any study of this proposal to a project- specific study rather than the General Plan Amendment is totally outside of the direction of the Corruvittee and Council. A General Plan Update is a long -term look at the path of a City's development, inter alia, and suggesting a segmentation approach is not in line with CEQA's goals, objectives, or standards. O3A -11 See responses above. Segmentation should not be encouraged. O3A -12 See responses above. Segmentation should not be encoutaged. 03A -13 Agreed. The City Staff HAS advocated the Project Alternative using the FSEIR as its basis. As outlined here, this cannot and should not be supported. X The application of trip rate 3c for calculating Project trip generation was included in Comments 03A -5 and OB -1, not only because it appeared to be the most appropriate NBTAM trip rate for apartments, but also to be consistent with the trip rates used in the GPA Study to calculate ADT for the Lyon GPA request ( see Table X in Appendix 4.1 to the GPA Traffic Study), which was also proposed to consist of three to story buildings. It is important to recognize that while NBTAM land use 3c is labeled as, "High Rise" in Table X, the related trip rates do not match the ITE trip rates for High Rise apartments, instead the NBTAM rates are more reflective of the ITE Mid -Rise apartment rates which makes its application logical and consistent). C9 While modifications were proposed to better represent the existing uses on the Saunders Properties in Table 3 -1, additional changes are still necessary and important, relative to the calculation of net new trips from the Project site. It is particularly important that the records reflect that General Commercial and Medical Office uses exist on the site. 0313-5 This response is insufficient. The information is available. 0313-6 This response is insufficient. Please see comments above. The representation that there are infinite combinations to study is false. There are two project in the Airport area which should be studied. Conclusion We requested to work with City Staff throughout the hearings on the SEIR, however, have seen nothing but the continued support for the flawed Project Alternative. The applicant reserves all legal rights and can and will continue to marshal legal arguments and supplement the record through the upcoming hearings. Please contact us if additional information is necessary. Very truly yours, Patrick B. Suader, Esq. CEO Starpointe Ventures cc: Mr. John Saunders NEWPORT BEACH ATTORNEY'S OFFICE Correspondence Item No. 3k General Plan Land Use Element Amendment DATE: June 5, 2014 PA2 013 - 0 9 8 TO: Planning Commission Members FROM: Leonie Mulvihill, Assistant City Attorney ajv MATTER: General Plan Land Use Element Amendment SUBJECT: Final Supplemental Environmental Impact Report SCH # 2013101064 Our office has reviewed the comments received by the City during the public review period for the above - referenced Final Supplemental Environmental Impact Report relating to the General Plan Land Use Element Amendment. We have prepared the attached Topical Response (Supplemental EIR and Baseline Analysis) to provide additional information as to the City's compliance with the California Environmental Quality Art (CEQA) and the CEQA Guidelines. We respectfully request that this information be included in the Final Supplemental Environmental Impact Report. [A13- 00666] -Memo to Land Use Committee 6.5.14 TOPICAL RESPONSE SUPPLEMENTAL EIR AND BASELINE ANALYSIS Supplemental Environmental Impact Report (EIR) The California Environmental Quality Act (CEQA) (Pub. Resources Code, § 21000 et seq.), and the regulations adopted to implement CEQA (Cal. Code Regs. tit. 14, § 15000 et seq. (CEQA Guidelines) provide that a program EIR is the appropriate document to analyze the impacts of a general policy document, such as a General Plan. On July 25, 2006, the City certified EIR No. 2006011119 as the environmental documentation for a comprehensive update to the City's General Plan. (CEQA Guidelines, §§ 15165, 15168.). Consistent with this guidance, the City's 2006 General Plan EIR is identified as a "program EIR." Pursuant to City Charter Section 423, the 2006 General Plan update was considered to be a "major amendment" and therefore 2006 General Plan update did not take effect until it was approved by the voters in a municipal election that was held on November 7, 2006. Although some time has passed, the 2006 General Plan is not so old that it is in need of a comprehensive update, and the 2006 General Plan EIR contains information that remains relevant. Therefore, the project description in the Supplemental EIR reflects the City's intent to update only the Land Use Element of the City's 2006 General Plan in reaction to changes in the economy and market, recent legislation and emerging best practices. The project is limited to the Land Use Element and focuses on modifying densities and permitted uses at specific locations in the City, and amending certain land -use policies. Any time a further discretionary approval is required for a project for which an EIR has already been certified, the City is faced with the question of what form of additional environmental review, if any, is necessary. CEQA's guidance on this issue is set forth in Public Resources Code section 21166, which provides that when an EIR has been prepared for a project, no subsequent or supplemental EIR is required unless one or more of the following events occurs: (a) substantial changes are proposed in the project which will require major revisions of the EIR; (b) substantial changes occur with respect to the circumstances under which the project will be undertaken which require major revisions to the EIR; or (c) new information, which was not known and could not have been known at the time the EIR was certified as complete, becomes available. If the changes to the project are not sufficiently substantial to require a subsequent or supplemental EIR, the agency may prepare a subsequent negative declaration, an addendum, or no further documentation. (CEQA Guidelines, § 15162, subd. (b).) The City is not claiming that the proposed Land Use Element amendments are covered by, or within the scope of, the 2006 General Plan program EIR. Rather, the City is disclosing the impacts of its proposed amendments in a Supplemental EIR consistent with CEQA and the CEQA Guidelines. The City's analysis and the conclusions in the Final Supplemental EIR reflect CEQA Guidelines section 15163(a), which provides that if only minor additions or changes are necessary to make the 2006 General Plan EIR adequate, the City may prepare a supplement to the EIR. To support the conclusion that a Supplemental EIR is the appropriate document to review the project, it should be noted that the proposed amendments affect the same geographic area covered by the 2006 General Plan and the City is not amending its General Plan in a way that opens up new areas to development. It should also be noted that the City is not proposing to authorize site - specific development; rather, the City is updating its existing land -use element and the land use designations contained therein. In other words, the City is proposing to amend the plan itself; the City is not seeking to apply the plan to a specific proposal. Later, site - specific proposals will still undergo second -tier environmental review. The City received comments during the public review of the draft Supplemental EIR that the proposed amendments are significant and major modifications such that a Supplemental EIR is not appropriate. However, the City contends that supplemental review is appropriate even though there are new significant environmental impacts because, in part, the additional analysis does not require major revisions to the 2006 General Plan EIR. Under CEQA, the requirement for additional environmental review arises only if there is a need to evaluate new or more severe significant environmental impacts that will result from changes in the project, and the analysis will require major revisions of the previous EIR. (See CEQA Guidelines § 15162.) For instance, it is true that greenhouse gas emissions were not required to be evaluated in the 2006 General Plan EIR, and that the Supplemental EIR discloses these impacts. But Climate Change, and greenhouse gas emissions which contribute to climate change, is not "new information" triggering the need for additional environmental review under Public Resources Code section 21166. (See Citizens for Responsible Equitable Environmental Development v. City of San Diego (2011) 196 Cal.AppAth 515, 530 ( "CREED IT) [rejecting petitioner's claim that "new information on the nexus between greenhouse gas emissions and climate change" triggered the requirement for a subsequent or supplemental EIR when the original EIR, certified in 1994, did not discuss greenhouse gas emissions], citing Massachusetts v. EPA (2007) 549 US 497, 507 [which noted that climate change had been a concern since the 1970's].) Thus, the effect of greenhouse gas emissions on climate could have been raised in 2006 when the City prepared and certified the General Plan EIR and therefore is not "new information" which was "not known and could not have been known with the exercise of reasonable diligence." Baseline Analysis As stated above, pursuant to Public Resources Code section 21166 and CEQA Guidelines sections 15162- 15163, the City determined that preparation of a Supplemental EIR to the 2006 General Plan EIR was appropriate for the Land Use Element amendments. While the general rule under CEQA is that the existing environmental setting in an EIR normally corresponds to the physical conditions at the time the agency undertakes its analysis (CEQA Guidelines, § 15125, subd. (a)), the California Supreme Court has acknowledged that supplemental review under section 21166 is an exception to this rule. (See Communities for a Better Environment v. South Coast Air Quality Management Dist., supra, 48 CalAth at p. 326 [acknowledging the "only limited CEQA review under section 21166 and CEQA Guidelines section 15162 "]; see also Fairview Neighbors v. County of Ventura (1999) 70 Cal.AppAth 238, 242 -243; Benton v. Board of Supervisors (1991) 226 Cal.App.3d 1467, 1477 -1484; Committee for a Progressive Gilroy v. State Water Resources Control Bd. (1987) 192 Cal.App.3d 847, 862 - 865].) Under these cases, the supplemental analysis need not revisit those impacts already disclosed in the original EIR; rather, the impacts disclosed in the original EIR become the "baseline" against which the impacts of the modifications to the project are measured. The focus is therefore on whether the modifications to the project give rise to new, or substantially more severe, environmental impacts. (CEQA Guidelines, §§ 15162- 15163; see also Latinos Unidos de Napa v. City of Napa (2013) 221 Cal.AppAth 192 [finding substantial evidence supported the City of Napa's determination that, in amending its General Plan to increase densities at certain locations throughout the city, the impacts of those amendments fell within the scope of those disclosed in the program EIR certified by the city in 1998 when it adopted its General Plan; thus, no additional environmental review was required for the amendment].) Further, it is well established that a supplemental EIR is required to evaluate only the changes in the projects, changes in circumstances, or new information that lead to the preparation of the further EIR. In other words, "the project as reviewed in the prior EIR is effectively treated as the baseline for the subsequent environmental review." (Practice Under the California Environmental Quality Act § 19.54 (2d ed Cal CEB 2008).) For example, in Temecula Band of Luiseno Missions Indians v. Rancho California Water Dist., 43 Cal. App. 4th 425, 437 -438 (1996), the court, applying the reasoning in Benton, upheld a water district's consideration of only the additional incremental effects of relocating a pipeline compared to the previously approved pipeline project; thus, the focus was properly on only the environmental effects not considered in the previous negative declaration prepared for the original project approval. Similarly, in Sierra Club v. City of Orange, 163 Cal. App. 4th 523, 542 (2008), the Fourth District Court of Appeal upheld a broad -based attack on an EIR prepared for a proposed specific plan and confirmed that the project impacts as reviewed in the prior EIR were properly treated as part of the environmental baseline in a supplemental EIR. Specifically, the Sierra Club had argued the EIR's traffic analysis failed to account for 16,690 vehicle trips that would be generated by previously approved, but not yet built, development in the area. According to the Sierra Club, this approach distorted baseline conditions, by assuming that non- existent trips were part of the existing environmental setting. The Court disagreed for several reasons, including on the basis that the EIR's approach was consistent with case law governing supplemental environmental review and, under this line of cases, in the context of supplemental review, the agency need not revisit impacts that have already undergone final CEQA review. Here, using an "existing conditions" baseline would be inconsistent with the process for supplemental environmental review, and would require the City to repeat previous environmental analysis; including, potentially giving the false impression that disapproval of the Land Use Element Update could avoid certain impacts that result from build out of the 2006 General Plan. Such analysis would provide no meaningful information to the public or decision makers. For these reasons, the project as reviewed in the 2006 General Plan EIR is effectively treated as the baseline for the subsequent environmental review.