Attachment C
Planning Commission Staff Report, Dated February 17, 2022 (without attachments)
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CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
February 17, 2022
Agenda Item No. 4
SUBJECT: Residences at 1300 Bristol Street (PA2021-161)
▪ Major Site Development Review No. SD2021-003
▪ Environmental Impact Report Addendum No. ER2022-001
▪ Affordable Housing Implementation Plan No. AH2022-001 ▪ Traffic Study No. TS2022-001
▪ Transfer of Development Rights No. TD2022-001
SITE LOCATION: 1300 North Bristol Street
APPLICANT &
OWNER: BCD Newport Beach, LLC
PLANNER: Chelsea Crager, Associate Planner
949-644-3227 or [email protected]
PROJECT SUMMARY
The Residences at 1300 Bristol Street Project includes 193 apartment units atop a 346 - space parking structure. The project is located in the Newport Place Planned Community, and at the northeast corner of Bristol Street North and Spruce Street in the Airport Area.
Implementation of the proposed project would require demol ition of the existing 33,292 - square-foot office building and surface parking within the 1.97-acre site.
RECOMMENDATION
1) Conduct a public hearing;
2) Find that potential environmental impacts have been previously mitigated through the implementation of the policies of the General Plan as evaluated in Program Environmental Impact R eport for the 2006 General Plan Update (SCH No. 2006011119), and the City of Newport Beach Housing Element Initial Study/Negative Declaration (collectively, the PEIR); therefore, in accordance with Section 15164 of the California Environmental Quality Act (CEQA) Guidelines, an addendum to the previously adopted PEIR is the appropriate env ironmental documentation for the project; and
3) Adopt Resolution No. PC2022-003 (Attachment No. PC 1) recommending the City Council adoption of Environmental Impact Report Addendum No. ER2022-001, and approval of Major Site Development Review No. SD2021-003, Affordable Housing Implementation Plan No. AH2022-001, Traffic Study No. TS2022-001, and Transfer 15-407
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of Development Rights No. TD2022-001 for Residences at 1300 Bristol Street Project located at 1300 Bristol Street (PA2021-161).
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VICINITY MAP
GENERAL PLAN ZONING
LOCATION GENERAL PLAN ZONING CURRENT USE
ON-SITE Mixed-Use Horizontal
(MU-H2) Newport Place (PC-11) 33,292-square-foot office building and surface parking
NORTH MU-H2 PC-11 Fletcher Jones’s vehicle storage
SOUTH N/A N/A California State Route 73
EAST MU-H2 PC-11 Fletcher Jones’s vehicle storage
WEST General Commercial
Office (CO-G) PC-11 Two-story office development
and surface parking
Subject Site
(Receiver)
Uptown Newport
(Donor Site)
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INTRODUCTION
Project Setting
The subject property is located in the Newport Place Planned Community (PC -11) and approximately 1.97 acres in size. It is rectangular in shape, located at the northeast corner of Bristol Street North and Spruce Street, and adjacent to a surface parking lot utilized by Fletcher Jones Motorcars to the north and east . The subject property is currently improved with a two-story, 33,292-square-foot office building and a surface parking lot.
Project Description
The applicant, BCD Newport Beach, LLC (The Picerne Group), proposes to demolish the existing office building and associated surface parking and landscaping at the project site and construct 193 apartment units atop a 346-space subterranean parking structure. The base density allotted to the property is 77 units. This density is based on the conversion of existing 33,292 square feet of office use and is consistent with the Land Use Element of the General Plan. The applicant also proposes a 50 percent increase of the base units in density of 39 units, pursuant to Government Code Section 65915 (Density Bonus Law), and a transfer of development right s of 77 units from the nearby Uptown Newport development at 4311 Jamboree Road, for a total of 193 residential units.
The Applicant’s project description is provided as Attachment No. PC 2.
The application consists of the following components:
• Major Site Development Review No. SD2021-003: A site development review in accordance with the Newport Place planned community and Section 20.52.80 (Site Development Reviews) of the Newport Beach Municipal Code (“NBMC”), for the construction of the Project;
• Traffic Study No. TS2022-001: A traffic study pursuant to Chapter 15.40 (Traffic Phasing Ordinance) of the NBMC;
• Affordable Housing Implementation Plan No. AH2022-001: A program specifying how the Project would meet t he City’s affordable housing requirements, in exchange for a request of 50 percent increase in density. The Applicant requests six (6) development standard waivers related to park land dedication, building setbacks, building height, private open space for the studio -size rental units, common open space for the entire Project, and overall residential project density, pursuant to NBMC Chapter 20.32 (Density Bonus) and Government Code Section 65915 (Density Bonus Law). Additionally, t he Applicant also seeks tw o (2) development concessions related to the mix of affordable units and park in-lieu fee payment;
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• Transfer of Development Rights No. TD2022-001: A transfer of development rights for 77 residential dwelling units from the Uptown Newport Phase 1 Development located at 4311 Jamboree Road to the subject site, pursuant to NBMC Chapter
20.46 (Transfer of Development Rights) ; and
• Addendum to the 2006 Ge neral Plan Update Program Environmental Impact Report No. ER2022 -001: Pursuant to the California Environmental Quality Act (“CEQA”), the addendum address es reasonably foreseeable environmental impacts resulting from the proposed development.
Project Components:
Residential Development
The proposed rectangular -shaped, multiple -unit residential building is designed as a “podium style” structure that consists of five stories over one level of on -grade parking and two levels of below grade park ing. The building height would be 78 feet, including architectural elements, parapet, rooftop mechanical equipment, elevator shafts, and emergency staircase.
The 193 rental units include 25 studio units, 89 one-bedroom units, and 79 two-bedroom units. The studios would be 515 square feet. The one -bedroom units would range from 613 to 848 square feet, and the two -bedroom units would range from 1,000 to 1,300 square feet in size.
Of the 193 rental units, 24 units would be affordable and restricted to lower income households (12 units for very -low-income households and 12 units for low -income households). The remaining 169 units would be market -rate rental units. The proposed unit mix for the affordable units is 10 studio units, 12 one-bedroom units, and two two- bedroom units. The affordable units would consist of the same size and amenities as the market-rate units and would be distributed throughout the project.
The proposed residential building is designed with a contemporary modern architectural style, intended to be reflective of the surrounding office setting, according to the applicant.
The color scheme is proposed to be generally white, dark grey, and beige. Metal awnings and metal railings on the private balconies provide façade articulation . The project’s corners are enhanced with rich materials to bring attention and articulate the prominent areas of the project. The courtyard is turned inward away from Bristol Street North and Spruce Street to create a more sheltered refuge for residents in the greater business development area.
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Parking and Vehicular Access
The project is designed with two vehicular access driveways using the existing driveway locations; one on Spruce Avenue and one on Bristol Street. The two vehicular entry ways will be connected with a 24-foot wide, private driveway that wraps around the back of the building and allows intuitive circulation around the project. Three levels of parking, one at grade and two levels located below grade, would provide a total of 346 par king spaces.
Vehicular access to the parking structure would be provided by two gated entrances, one residents-only near Bristol Street, and one near Spruce Avenue for both residents and guests. A designated turn out area is proposed on Spruce Street for ride share pick up and drop offs.
Project Amenities
The proposed project includes a variety of private on -site recreation and amenities for residents and guests including:
• A dog wash, dog park, leasing lounge, and business center on Level 1 – Ground Level;
• A courtyard with a pool and spa, clubroom, and fitness room on Level 2 – Podium Level;
• A roof deck with seating area on Level 6; and
• Private balconies for one and two-bedroom units on Levels 2-6.
Construction Phasing and Parking
The demolition and construction activities for the proposed project will be done in two continuous phases, over an approximate 28-month period. Phase 1 will consist of site improvement construction including excavation, shoring, retaining walls , wet and dry utilities, interior access road, curb and gutters. Phase 2 will consist of the residential building construction. The applicant has submitted a draft construction management plan, subject to staff approval that will be finalized prior to the issuance of a building permit and is included as Attachment No. PC 2.
DISCUSSION
General Plan Consistency
The subject property is located in the Airport Area and has a General Plan Land Use Element designation of Mixed-Use Horizontal 2 (MU-H2), which provides for a horizontal intermixing of uses that may include regional commercial office, multifamily residential, vertical mixed -use buildings, industrial, hotel rooms, and ancillary neighborhood commercial uses. The MU-H2 designation applies to a majority of properties in the Airport Area outside the high er noise levels from John Wayne Airport. The MU -H2 allows a 15-412
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maximum of 2,200 re sidential units as replacement of existing office, retail, and/or industrial uses at a maximum density of 50 units per net acre. Any eligible density bonus allowed by Government Code Section 65915 (State density bonus law) and NBMC Chapter 20.32 (Density Bonus) are not included in the 2,200 allowance or the 50 dwelling units per acre standard. Of 2,200 units, a total of 550 units are identified as additive units meaning they are not replacement units that would replace existing development. These 550 units may be constructed as “infill” on existing surface parking lots or areas not used as occupiable buildings on properties within the Conceptual Development Plan Area (CDPA) located e ast of MacArthur Boulevard, as depicted on Figure LU22 Airport Business Area of the Land Use Element . These units have been since allocated to the Uptown Newport and Residences at 4400 Von Karman developments. The remaining 1650 units are allocated as replacement units, meaning they replace existing uses based upon traffic trip generation.
Residential units approved, proposed and remaining within the MU-H2 designation of the Airport Business Area are listed in the table below.
Airport Area Residential Units
Residential Development Allocation
Base Units
Density
Bonus
Units
Project
Totals with
Density
Bonus
Replacement
Units
Additive
Units
Transferred
Units Total Units
General Plan Unit Limit (MU-H2) 1,650 550 0 2,200
Approved Projects
Uptown Newport 632 290 -77 845 322 1,167
Newport Crossings 259 0 0 259 91 350
Newport Airport Village 329 0 0 329 115 444
Residences at 4400 Von Karman 260 0 260 52 312
Projects Under Review
Residences at 1300 Bristol 77 0 +77 154 39 193
Remaining Development Allocation 353 0 353
The subject property has 33,292 square feet of existing office use, and is consistent with the development limit per Anomaly No. 1 7 of the General Plan Land Use Element. By using the City’s adopted land use conversion factors to maintain traffic trip neutrality, the applicant can replace the existing office development with a maximum of 77 residential units. The conversion factors provided in “Airport Area Residential & Mixed -Use Adjustment Factors for Traffic Analyses in Newport Beach”, are provided as Attachment No. PC 4. An additional 39 units (5 0 percent) are requested a s density bonus units authorized by the Density Bonus Law. Lastly, the remaining 77 units are being transferred from the Uptown Newpor t Phase 1 development, pursuant to NBMC Chapter 20.49 (Transfer of Development Rights).
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The General Plan contains a number of policies that provide for the orderly evolution of the Airport Area, from a business park, to a mixed -use district with cohesive residential villages integrated within the existing fabric of office, industrial, retail, and airport -related businesses. Residential opportunities are to be developed as clusters of residential villages centering on neighborhood parks and interconnected b y 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. The draft Planning Commission resolution (Attachment No. PC 1) includes facts in support of a finding of consistency of relevant Airport Area polic ies. Furthermore, the EIR Addendum includes a comprehensive analysis of all relevant General Plan policies. The project, as proposed, is consistent with all relevant General Plan policies.
Newport Place Planned Community (Zoning Code) Consistency
The Property is located within Residential Overlay (Attachment No. PC 5) of the Newport Place Planned Community (PC11) General Commercial Site 4. The Residential Overlay allows for multiple residential development as a stand -alone use provided a residential project include a minimum 30 percent of the base density for lower income households.
The proposed project provides this minimum number of affordable units (77 -unit base density X 30% = 23.1 ~ 24 units will be included). The Overlay also contains development standards for multiple residential development, including density, height, setbacks, parking, signage, airport noise c ompatibility, amenities, and landscaping. Although the Project includes waivers or reductions of six development standards, the overall intent of providing residential opportunities in the Newport Place Planned Community, consistent with the MU-H2 land designation has been met.
Transfer of Development Rights
The project includes a transfer of development rights, pursuant to General Plan Land Use Element Policy LU4.3 and NBMC Chapter 20.46 (Transfer of Development Rights), for 77 residential units from Phase 1 of the Uptown Newport project at 4311 Jamboree Road to the project site at 1300 Bristol Street (Exhibit E of Attachment No. PC 1).
Pursuant to NBMC Chapter 20.46 ( Transfer of Development Rights), the 77 unbuilt residential units may be transferred from Uptown Newport Phase 1 to the subject site if the following findings are made:
1) The reduced density/intensity on the donor site provides benefits to the City;
2) The transfer of development rights will not result in any adverse traffic impacts and would not result in greater intensity than development allowed without the transfer and the proposed uses and physical improvements would not lend themselves to conversion to higher traffic generating uses;
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3) T he increased development potential transferred to the receiver site will be compatible and in scale with surrounding development a nd will not create abrupt changes in scale or character; and
4) The receiver site is physically suitable for the development proposed taking into consideration adjacent circulation patterns, protection of significant public views and open space, and site characteristics, including any slopes, submerged areas, and sensitive resources.
As detailed in the draft resolution (Attachment No. PC 1), staff believes these findings can be made and the transfer is consistent with NBMC Chapter 20.46.
Pursuant to U ptown Newport Development Agreement No. DA2012 -003 (DA), Uptown Newport is entitled for up to 1,244 residential units developed to be built in two separate phases with a maximum of 680 units in Phase 1 and 564 units in Phase 2. Phase 1 of the development is nearing completion, with 548 units constructed, under construction, or under entitlement review. The reduction of 77 units from the Uptown Newport development will be reflected in the Phase 1 development and the remaining 55 unbuilt units in this phase will be automatically transferred to Phase 2 for future development. A letter of authorization from the Uptown Newport property owner is attached as Attachment No. PC 6.
The 77 transferred units will be subject to a park in -lieu fee and a public benefit fe e pursuant to the terms and conditions of the Uptown Newport DA. The use of park in -lieu fees is subject to City Council Policy B-1 (Park Fee Policy). The use of public impact fees is subject to the discretion of City Council. The applicant is responsible for the payment of these fees upon issuance of a building permit.
Site Development Review
Residential development pursuant to the Residential Overlay of PC 11 requires a site development review , consistent with MBMC Section 20.52.080 (Site Development Review). In accordance with Section 20.52.080(F), the Planning Commission may approve or conditionally approve a site development review application, only after first finding that the proposed development is:
1. Allowed within the subject zoning district;
2. In compliance with all of the applicable criteria identified in 20.52.080(C)(2)(c) below:
i. Compliance with this section, the General Plan, this Zoning Code, any applicable specific plan, and other applicable criteria and policies related to the use or structure;
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ii. The efficient arrangement of structures on the site and the harmonious relationship of the structures to one another and to other adjacent developments; and whether the relationship is based on standards of good design;
iii. The compatibility in terms of bulk, scale, and aesthetic treatment of structures on the site and adjacent developments and public areas; iv. The adequacy, efficiency, and safety of pedestrian and vehicular access, including drive aisles, driveways, and parking and loading spaces; v. The adequacy and efficiency of landscaping and open space areas and the use of water efficient plant and irrigation materials; and
vi. The protection of significant views from public right(s) -of-way and compliance with Section 20.30.100 (Public View Protection).
3. Not detrimental to the harmonious and orderly growth of the City, nor endangers, jeopardizes, or otherwise constitutes a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed development.
The project implements the MU -H2 General Plan designation and the intent of the Residential Overlay of PC-11 by providing 193 new residential units to an existing major employment center (the Airport Area and Irvine B usiness Complex), including setting aside 24 residential units for low and very low-income households.
The proposed site plan shows the configuration of the proposed residential building, including driveways, location of open space, entrances to the parking structure, and the driveway that wraps around the building , private driveways, pedestrian ways, and locations of park and open space. The building would be six stories tall and no more than 78 feet in height including architectural elements, rooftop mechanical equipment, elevator shafts, and emergency staircase. The project’s building mass and scale are similar to the nearby existing office developments in the Airport Area. The Project includes pedestrian connectivity to public sidewalks along Brist ol Street and Spruce Street and pedestrian - scale landscaped areas around the apartment building.
The contemporary architectural style of the residential building would be compatible with the surrounding office buildings within the Newport Place planned c ommunity and the surrounding area as it generally exhibits contemporary architectural styles.
NBMC Section 20.40.040, Off -Street Parking Requirements, identifies that multi -family developments with more than four dwelling units are required to provide two covered parking spaces per unit and 0.5 space per unit for guest parking. Based on these criteria, the proposed Project, if it were not a project requesting consideration pursuant to Density Bonus Laws, would be required to provide 386 resident parking sp aces and 97 guest parking spaces for a total of 483 parking spaces.
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As provided for in Government Code Section 65915 Density Bonus Law and NBMC Section 20.32.040 Parking Requirements in Density Bonus Projects , the applicant is requesting a reduction in the number of required parking spaces for the project. NBMC Section 20.32.040, reflects the language of Government Code Section 65915 provision of one parking space for studio and one-bedroom units and two parking spaces for units with two or more bedrooms. Parking for the project is based on application of regulatory standards for density bonus projects and under these regulatory standards, the proposed Project would be required to provide 233 parking spaces . The project as presently designed includes 346 parking spaces. The parking ratio of the proposed project would be 1.79 parking spaces per dwelling unit inclusive of guest parking, which exceed s the minimum parking requirement specified by the Density Bonus parking requirements.
The project site does not have the potential to obstruct public views from identified public view points and corridors, as identified on General Plan Figure NR 3 (Coastal Views), to the ocean, bay, harbor, or other scenic or historical resources due to the location of the project site. The proposed building will be highly visible along the Bristol Street corridor and it will be seen from State Route 73, but these areas are not considered scenic.
The applicant has requested two concessions or incentive related to the mix of affordable unit types and payment of park in-lieu fees, and six waivers or reductions of development standards which are described in more detail in the Affordable Housing Implementation Plan section of this report below. The applicant contends the incentives are necessary to make the project financially feasible and that the waivers are necessary to physically accommodate the proposed construction at the project site. The City must approve the requested incentives and waivers of development standards pursuant to State Bonus Density law and the Zoning Code.
The housing included in the proposed project will help the city meet its housing production targets under the city’s existing Regional Housing Needs Assessment (RHNA) target, and under the proposed Sixth Cycle RHNA target which includes both past unmet and future forecasted housing targets. The project is also consistent with the current Sustainable Communities Strategy (Connect SoCal) adopted by the Southern California Association of Governments in September 2020, which prioritizes adding housing to coastal job centers as well as higher density, mixed -income housing located near employment opportunities.
As discussed above, the project has been designed to ensure that potential conflicts with surrounding land uses are minimized to the extent possible to maintain a healthy environment for both businesses and residents by providing an architecturally pleasing project with articulation and building modulations to enhance the urban environment. The proposed project is consistent with the General Plan as it would integrate residential uses into the existing surroundings, which are primarily nonresidential, as anticipated by the General Plan. Staff believes facts to support the required findings exist to approve the Site Development Review, and they are included in the attached draft resolution for approval (Attachment No. PC 1).
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Affordable Housing Implementation Plan
The applicant has prepared a draft Affordable Housing Implementation Plan ( AHIP), dated December 2, 2021 (Exhibit C of Attachment No. PC 1) to illustrate compliance with the affordable housing requirements of the Residential Overlay of Newport Place Planned Community and density bonus allowances pursuant Government Code Section 65915 - 65918 (Density Bonus Law) and NBMC Chapter 20.32 (Density Bonus Code).
Consistent with the affordable housing requirements of the Residential Overlay, 30 percent or 24 units of the project’s 77 base apartment units would be set aside as affordable units to lower income households. Of the 24 affordable units provided, 12 units would be set aside for very low-income households for a minimum of 55 years, consistent with the Density Bonus Law, and 12 units would be set aside for low-income households for minimum of 30 years, consistent with the requirements of the Newport Place Planned Community.
As encouraged by the Residential Overlay, and as authorized pursuant to Government Code Section 65915 -65918 (Density Bonus Law) and NBMC Chapter 20.32 (Density Bonus Code), with the 30 percent allocation for low -income households, the project is entitled to a maximum density bonus of 50 percent (39 units) above the maximum number of units allowed by the General Plan.
In addition to the 39 density bonus units, pursuant to Government Code Section 65915(d)(1), the Project is eligible to receive up to three incentives or concessions that would result in identifiable, financially sufficient, and actual cost reductions. Government Code Section 65915(e)(1) also entitles developers to waivers or modifications of development standards that, if applied, would physically preclude development of housing with the provided densi ty bonus. The proposed project includes a request for two development incentives and a waiver of six development standards as follows:
Incentive Requests:
The applicant requests for two development incentives as follows:
1) Affordable Unit Mix - NBMC Section 20.32.070 requires affordable units in a density bonus project reflect the same range of unit types in the residential development as a whole. As illustrated in the table below , the Project provides a higher percentage of affordable studio units and fewer affordable two -bedroom units compared to the market rate units provided. Granting this incentive will result in identifiable, financially sufficient, and actual project cost reductions by reducing the long -term rental subsidy costs associated with the two-bedroom units and thereby affording additional rental income for the project ensuring financial feasibility.
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Unit Type Total Units Percent of
Total Units
Total
Affordable
Units
Percent of
Total
Affordable
Units
Studio 25 13% 10 42%
1 Bedroom
89 46% 12 50%
2 Bedroom
79 41% 2 8%
Total 193 100% 24 100%
2) Park In-lieu Fee Payment – General Plan Policy LU 6.15.13 requires the dedication and improvement of a neighborhood park; however, this requirement may be waived where it can be demonstrated that the development site is too small to feasibly accommodate the park or inappropriately located to serve the needs of nearby residents.
Policy LU6.15.13 requires the payment of an in-lieu fee to the City for the acquisition and improvement of other properties as parklands to serve the airport area if the neighborhood park dedication is waived . In this case, the project site is too small to feasibly accommodate the park and the applicant requests a waiver of the in -lieu fee as a non- mandatory concession. This waiver of an in-lieu fee is an actual cost reduction that makes the development of the housing units financially feasible and staff supports a recommendation to the City Council to approve the fee waiver. It should be noted that the 77 units transferred from the Uptown Newport development will be subject to park in-lieu fees as required by the Uptown Newport Development Agreement and waiving this fee is not included in the applicant’s incentive request. The payment of the park in-lieu fees associated with the 77-transferred units will be used to improve nearby parks pursuant to City Council B-1 (Park Fee Policy) to help offset the project’s incremental impact on park usage.
Development Standard Waiver Request:
In addition to the density bonus units and financial concessions, the Project is entitled to receive waivers or reductions of development standards if they would physically prevent the project from being built at the permitted density. In this case, the Project applicant requests a waiver of the following development standards:
1. Park dedication requirement. General Plan Land Use Policy LU 6.15.13 requires a public park equal to eight percent of the gross land area of the development, or a minimum one -half acre, whichever is greater, be provided. In this case, the project is required to provide a 0.50 -acre public park. As noted, the 1.97 -acre Project site is too small to feasibly accommodate the required 0.50 -acre park and if it were dedicated, the resulting smaller site could not physically accommodate the proposed affordable housing development.
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2. Street setbacks. The Newport Place Planned Community (PC -11) requires street setbacks of 30 feet from property lines. In this case, 30-foot setbacks along Bristol Street North and Spruce Street would substantially decrease the development of the footprint of the project. The Project is designed with 8-foot setbacks to Spruce Street and 17 -foot setbacks to Bristol Street (18 feet to building face, 17 feet to balconies). The reduced street setbacks are necessary to provide suffici ent area for the building as well as a 24-foot wide, 2-way driveway around the back side of the proposed building that also serves as a required fire lane. The reduced setbacks will be sufficiently deep to provide a significant landscape buffer.
3. Building height. The Newport Place Planned Community (PC -11) limits building residential building height to 55 feet from established grade. In this case, a higher building height is necessary to accommodate 193 residential units. The Project is designed with a height of 78 feet from established grade.
4. Private open space. NBMC Section 20.18.030 requires a minimum of 5 percent of the gross floor area of each unit with a minimum dimension of 6 feet to be provided as private open space. The Project as designed does not provide this minimum open space for the studio floor plan units due to their size and location within the project.
5. Residential density. General Plan Land Use Policy LU 6.15.7 requires overall residential density between 30 -50 units per a cre. Inclusive of the base units (77 units), density bonus units (39 units), and transferred units (77 units), the Project totals 193 dwelling units at a density of 98 units per acre.
6. Common open space. NBMC Section 20.18.030 requires a minimum of 75 square feet per unit be provided as common open space area. In this case, the requirement is 14,475 square feet (75 square feet per unit X 193 units). The Project as designed provides 9,506 square feet of common open space due to space limitations on the 1.97 -acre lot. Describe what this common area is comprised of here.
Traffic Phasing Ordinance (TPO)
NBMC Chapter 15.40 (Traffic Phasing Ordinance) requires a traffic study to be prepared prior to issuance of building permits if a proposed project generates in excess of 300 new average daily trips (ADT).
Ganddini Group Inc. has prepared a traffic study dated November 23, 2021 (Exhibit D of Attachment No. PC 1), under the supervision of the City Traffic Engineer, pursuant to the Traffic Phasing Ordinance (TPO) and its implementing guidelines. The focus of a TPO traffic study is the conditions one year after project occupancy, or five years after project approval for larger projects not expected to be complete within five years. Baseline traffic 15-420
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conditions for a TPO traffic study include previously approved projects in the City. The entire project is anticipated to be complete within a 28-month period.
The Traffic Study provides an evaluation of morning and evening peak hours at 13 existing intersections that are located in the City and the adjoining City of Irvine. The Project is projected to generate 726 trips, 31 peak AM trips and 47 peak PM trips above the trip generation of the existing office building. When these trips are distributed to these studied intersections, the analysis concludes that there is no significant impact as the project will neither cause nor make worse an unsatisfactory level of servi ce at any impacted primary intersection, and all intersections are forecasted to continue to operate at acceptable Levels of Service (LOS). Additionally, the Traffic Study includes vehicle miles traveled (VMT) analysis for only informational purposes. An analysis of VMT was not required as a part of the CEQA Addendum because the adopted Program Environmental Impact Report (PEIR) , adopted in 2006, did not utilize VMT analysis .
Furthermore, the TPO requires findings that, based on the weight of the evidence in the administrative record, including the traffic study, the proposed project complies with the TPO. Findings related to the preparation of the traffic study are provided in the draft resolution for project approval (Attachment No. PC 1).
Environmental Review
On July 25, 2006, the City Council adopted Resolution No. 2006 -75, thereby certifying the adequacy and completeness of the Environmental Impact Report (“EIR”) for the General Plan 2006 Update (SCH No. 2006011119). The EIR was prepared in compliance with the CEQA set forth in the California Public Resources Code Section 21000 et seq. and its implementing State regulations set forth in the California Code of Regulations Title 14, Division 6, Chapter 3 (“CEQA Guidelines”) and City Council Policy K -3. Additionally, in accordance with Section 15168(a) of the CEQA Guidelines, the City prepared the EIR as a Program Environmental Impact Report (“PEIR”). This PEIR analyzed the potential impacts of a citywide land use plan, and the goals and policies of 10 general plan elements.
Additionally, on November 22, 2011, the City Council adopted General Plan Amendment No. GP2008-003, thereby approving the City of Newport Beach Housing Element Update (2008-2014) and its associated Housing Element Initial Study/Negative Declaration.
Pursuant to Section 21166 of the California Public Resources Code and Section 15162 of the CEQA Guidelines, when an EIR has been certified for a project, no subsequent EIR is required unless the lead agency determines, on the basis of substantial evidence in the light of the whole record, one or more of the following:
1. Substantial changes are proposed in the project which will require major revisions of the previous EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects;
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2. Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or
3. New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete, shows any of the following:
a. The project will have one or more significant effects not discussed in the previous EIR;
b. Significant effects previously examined will be substantially more severe than shown in the previous EIR;
c. Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and woul d substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or
d. Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative.
The City contracted with an environmental consultant (Kiml ey-Horn) to prepare a n Addendum to the PEIR. The entire Addendum and its technical appendixes are available online at the City’s website at: www.newportbeachca.gov/ceqa. The conclusion of the Addendum analysis supports the fi nding that no additional environmental document is required by CEQA.
On the basis of the entire environmental review record, the project will not result in any new significant impacts that were not previously analyzed in the PEIR for the General Plan 2006 Update (SCH No. 2006011119) or the Housing Element Initial Study/Negative Declaration. All potential impacts associated with this Project would either be the same or less than those described in either the PEIR that have been appropriately mitigated. In addition, there are no substantial changes to the circumstances under which the project would be undertaken that would result in new or more severe environmental impacts than previously addressed in either the PEIR, nor has any new informatio n regarding the potential for new or more severe significant environmental impacts been identified.
Therefore, in accordance with Section 15164 of the CEQA Guidelines, an addendum to the previously adopted PEIR is the appropriate environmental document for the project.
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Residences at 1300 Bristol Street (PA2021-161)
Planning Commission, February 17, 2022
Summary
In summary, staff believes the findings for project approval can be made, with specific conditions of approval. The proposed project is consistent with General Plan Land Use designation and its land use policies related residential developments in the Airport Area.
The Residential Overlay of the Newport Place Planned Community allows multi-family uses subject to approval of a site development review and facts support approval of the application request . The site development review will ensure the project will be implemented consistent with the approved development standards. The applicant proposes to redevelop the underperforming office development with a multiple family development with affordable rental units consistent with the Overlay . The proposed development with on -site recreation amenities and adequate provisions of parking, allowed by the density bonus prov isions, will create a suitable urban living environment integrated into the existing nonresidential area.
The proposed AHIP demonstrates how the proposed project would meet the City’s affordable housing requirements. The requests for concessions and deve lopment standard waivers are consistent with those allowed under density bonus state law and zoning code. The transfer of 77 unbuilt residential units from Uptown Newport Phase 1 is consistent with the requirements of NBMC Chapter 20.46. The traffic study for the proposed project has been prepared in compliance with the Traffic Phasing Ordinance.
Lastly, the prepared Addendum is the appropriate environment document for the project.
These technical reports have demonstrated that the proposed project would not result in new or increased significant impacts to the studied areas.
Alternatives
The Planning Commission has the following alternatives:
1. The Planning Commission may require or suggest specific design changes that are necessary to alleviate any ar eas of concern. If the requested changes are substantial, staff will return with a revised resolution incorporating new findings and/or conditions; or
2. If the Planning Commission chooses to deny the project, findings must be made consistent with the Ho using Accountability Act (Government Code Section 65589.5) and Density Bonus Law (Government Code Section 65915) . Therefore, if after consideration of all written and oral evidence presented, the Planning Commission desires to either disapprove or impose a condition that the project be developed at a lower density or with any other conditions that would adversely impact feasibility of the proposed project, the Planning Commission must articulate the factual basis for making the following findings and direct staff to return with a revised resolution incorporating the articulated findings and factual basis for the decision:
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Residences at 1300 Bristol Street (PA2021-161)
Planning Commission, February 17, 2022
a. The housing development project would have a specific, adverse impact upon the public health or safety. As used in this paragraph, a “specific, adverse impact” means a significant, quantifiable, direct, and unavoidable impact, based on objective , identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.
b. There is no feasible method to satisfactorily mitigate or avoid the adverse impact without rendering the development unaffordable to affordable households financially infeasible.
Public Notice
Notice of this hearing was published in the Daily Pilot, mailed to all owners of property within 300 feet of the boundaries of the site (excluding intervening rights -of-way and waterways) including the applicant and posted on the subject property at least 10 days before the scheduled meeting , consistent with the provisions of the Municipal Code.
Additionally, the item appeared on the agenda for this meeting, which was posted at City Hall and on the City website.
Prepared by: Submitted by:
ATTACHMENTS
PC 1 Draft Resolution with Findings and Conditions
PC 2 Applicant’s Project Description
PC 3 Construction Management Plan
PC 4 Airport Area Conversion Factors
PC 5 Newport Place Residential Overlay
PC 6 Uptown Newport Authorization Letter
PC 7 Project Plans
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