Newport Beach City Council
April 15, 2025

01-17-23
EXHIBIT “B”

AMENDMENT TO CHAPTER 20.28 (OVERLAY ZONING DISTRICTS (MHP, PM, B, H)) OF TITLE 20 (PLANNING AND ZONING)

Table 2-16 of Section 20.28.50 (Housing Opportunity (HO) Overlay Zoning Districts) of Chapter

20.28 of the Newport Beach Municipal Code would be amended as follows, currently shown in redline-strikeout format for ease of reference only:

TABLE 2-16

DEVELOPMENT STANDARDS FOR HOUSING OPPORTUNITY OVERLAY ZONES Development Feature
Housing Opportunity Subareas
HO-1 HO-2 HO-3 HO-4 HO-5 HO-6
Development Limit
(units)(1)
2,577(11) 1,107 521 2,439(12) 1,530 N/A
Lot Size/Dimension Per Base Zone
Lot area required per
unit (sq. ft.)(2)
Minimum: 2,178 (20
du/ac)
Maximum: 871 (50 du/ac)
Minimum:
2,178 (20 du/ac)
Maximum:
871 (50 du/ac)
Minimum:
2,178 (20
du/ac)
Maximum:
726 (60
du/ac)(10)
All
Standards
Per Base
Zone
Setbacks

Front 0 ft.(3) 10 ft.(3) 10
ft.(3)(4)
0(3) 10 ft.(3)
Rear 0 20 ft. 20 ft. 0 20 ft.

Side 0(4)
Street Side 0(3) 10 ft.(3) 10 ft.(3) 0 ft.(3) 10 ft.(3) Height Per Base Zone unless
otherwise identified on
the map
65 ft. 65 ft.(6) Per Base
Zone
unless
otherwise
Identified
on the
map(7)
65 ft.

Building Separation 10 ft.

Floor Area Ratio (FAR) No restriction(8)
Common Open Space(9) Minimum 75 square feet/dwelling unit. (The minimum dimension (length and width) shall be 15 feet.)
Private Open Space(9) 5% of the gross floor area for each unit. (The minimum dimension (length and width) shall be 6 feet.)
Docusign Envelope ID: 2FA025FF-02F7-490D-B67E-DFEC9AD2E41D 12-95
Planning Commission Resolution No. PC2025-004

01-17-23
TABLE 2-16

DEVELOPMENT STANDARDS FOR HOUSING OPPORTUNITY OVERLAY ZONES Development Feature
Housing Opportunity Subareas
HO-1 HO-2 HO-3 HO-4 HO-5 HO-6
Fencing See Section 20.30.040 (Fences, Hedges, Walls, and Retaining Walls).

Landscaping See Chapter 20.36 (Landscaping Standards).

Lighting See Section 20.30.070 (Outdoor Lighting).

Outdoor Storage/Display See Section 20.48.140 (Outdoor Storage, Display, and Activities).

Parking See subsection (D)(3) of this section and Chapter 20.40 (Off-Street Parking).

Satellite Antennas See Section 20.48.190 (Satellite Antennas and Amateur Radio Facilities).

Signs See Chapter 20.42 (Sign Standards).

(1) Development limits are additional residential development opportunities beyond the base allowances in this Title or the General Plan. These limits shall not include density bonus units or units that are either identified as pipeline units in the 6
th Cycle Housing Element (Table B-2) or units that were applied for and predate the effective date of the HO Overlay Zoning Districts. Furthermore, eligible units are only counted against the development limits when they are either entitled or are issued a building permit if allowed by right. However, 25% of the development limit within each HO Overlay Zoning District that includes properties within the Coastal Zone shall be reserved until such a time as the City’s Local Coastal Program has been amended to allow for housing consistent with the implementation of the 6th Cycle Housing Element. Following the City’s Local Coastal Program Amendment, priority for the reserved units will be given to sites located within the Coastal Zone.
(2) Minimum/maximum allowable density range may be based on an average density of the entire project site, excluding density bonus units.
(3) Any portion of the building that is over 20 feet in height shall be setback a minimum 20 feet from the street right-of-way.
(4) Except in the Mixed-Use Mariners Mile (MU-MM) Zoning District wherein residential uses are only allowed beginning 100 feet north of Coast Highway.
(5) The combined total from both sides shall be 15 feet. (6) The height shall be limited to 35 feet in the Shoreline Height Limit Area, as identified in Map H -1. (7) “Base Zone” includes all height limitations established by the Sight Plane Ordinance (Ordinance No. 1371 and Ordinance No. 1596).
(8) The FAR in this table only applies to residential floor area, including any supporting facilities. In mixed- use developments, the FAR for nonresidential is still applicable. (9) For purposes of this section, common and private open space in HO -1 may include enclosed shared amenities such as a clubhouse, swimming pool, tennis court, basketball court, racquetball court, weightlifting facility, children’s playground equipment, sauna, jacuzzi, day care facility, or any other recreational amenities/facilities as deemed appropriate by the Community Development Director. (10) This density is intended for the former Coyote Canyon Landfill site only. The Sage Hill School site is limited to a maximum of 20 dwelling units.
(11) Of the 2,577 base development units, 179 units (50 d u/ac) shall be allocated to Site ID No. 77 (1201 Dove
Street) from the 6th Cycle Housing Element Sites Inventory. (12) Of the 2,439 base development units for HO-4, 199 units (50 du/ac) shall be allocated to Site ID No. 362 (868 and 870 Santa Barbara Drive) from the 6th Cycle Housing Element Sites Inventory.

Docusign Envelope ID: 2FA025FF-02F7-490D-B67E-DFEC9AD2E41D 12-96

I I I I
-
-
-
Planning Commission Resolution No. PC2025-004

01-17-23
The following map would be updated in Section 20.80.025 (Housing Opportunity Overlay District maps) of Chapter 20.80 (Maps) of the NBMC and will be provided prior to City Council consideration:

HO-4 – Newport Center Area (PDF)

Docusign Envelope ID: 2FA025FF-02F7-490D-B67E-DFEC9AD2E41D 12-97
Planning Commission Resolution No. PC2025-004

01-17-23
EXHIBIT “C”

AMENDMENT TO CHAPTER 21.28 (OVERLAY COASTAL ZONING DISTRICTS (MHP, PM, B, C, H, AND HO)) OF TITLE 21 (LOCAL COASTAL PROGRAM IMPLEMENTATION PLAN)

Table 21.28-1 of Section 21.28.070 (Housing Opportunity (HO) Overlay Coastal Zoning Districts) of Chapter 21.28 of Title 21 (Local Coastal Program Implementation Plan) of the of the Newport Beach Municipal Code would be amended as follows, currently shown in redline-strikeout format for ease of reference only, and subject to California Coastal Commission review and approval:

TABLE 21.28-1

DEVELOPMENT STANDARDS FOR HOUSING OPPORTUNITY OVERLAY ZONES Development
Feature
Housing Opportunity Subareas
HO-1 HO-2 HO-3 HO-4
Lot
Size/Dimension
Per Base Zone
Lot area
required per
unit (sq. ft.)1
Minimum:
2,178 (20 du/ac)
Maximum:
871 (50 du/ac)
Minimum:
2,178 (20 du/ac)
Maximum:
871 (50 du/ac)

Setbacks
Front 0 ft.(2) 10 ft.(2) 10 ft.(2)(3) 0(2)
Rear 0 20 ft. 20 ft. 0
Side 0(4)
Street Side 0(2) 10 ft.(2) 10 ft.(2) 0 ft.(2)
Height Per Base Zone
unless otherwise
identified on the
map
65 ft. 65 ft.(5) Per Base Zone unless otherwise
Identified on map (6)(8)
Building
Separation
10 ft.

Floor Area
Ratio (FAR)
No restriction(6)
Common Open
Space(7)
Minimum 75 square feet/dwelling unit. (The minimum dimension [length and width] shall be 15 feet.)
Private Open
Space
5% of the gross floor area for each unit. (The minimum dimension [length and width] shall be 6 feet.)
Fencing See Section 21.30.040 (Fences, Hedges, Walls, and Retaining Walls).

Landscaping See Section 21.30.075 (Landscaping) and 21.30.085 (Water Efficient Landscaping).

Lighting See Section 21.30.070 (Outdoor Lighting).

Parking See Subsection (D)(2) below and Chapter 21.40 (Off-Street Parking).

Signs See Chapter 21.30.065 (Sign Standards).
(1) Minimum/maximum allowable density range may be based on an average density of the entire project site, excluding density bonus units.

Docusign Envelope ID: 2FA025FF-02F7-490D-B67E-DFEC9AD2E41D 12-98
Planning Commission Resolution No. PC2025-004

01-17-23
(2) Any portion of the building that is over 20 feet in height shall be setback a minimum 20 feet from the street right-of-way.
(3) Except in the Mixed- Use Mariners Mile (MU -MM) Zoning District wherein residential uses are only allowed beginning 100 feet north of Coast Highway.
(4) The combined total from both sides shall be 15 feet. (5) The height shall be limited to 35 feet in the Shoreline Height Limit Area, as identified in Map H -1. (6) The FAR in this table only applies to residential floor area, including any supporting facilities. In mixed-use developments, the FAR for nonresidential is still applicable. (7) For purposes of this section, common and private open space in HO-1 may include enclosed shared amenities such as a clubhouse, swimming pool, tennis court, basketball court, racquetball court, weightlifting facility, children’s playground equipment, sauna, jacuzzi, day care facility, or any other recreational amenities/facilities as deemed appropriate by the Community Development Director. (8) “Base Zone” includes all height limitations established by the Sight Plane Ordinance (Ordinance No. 1371 and Ordinance No. 1596).

The following map would be updated/added to pending Section 2 1.80.032 (Housing Opportunity Overlay District maps) of Chapter 20.80 (Maps) of the NBMC:

HO-4 – Newport Center Area (PDF)
Docusign Envelope ID: 2FA025FF-02F7-490D-B67E-DFEC9AD2E41D 12-99

Attachment E
February 20, 2025 ALUC Staff Report (No Attachments)
12-100
12-101

A IRPORT LAND U SE COMMISSION

FOR ORANGE COUNTY
3160 Airway Avenue• Costa Mesa, California 92626 • 949.252.5170 rax: 949.252.6012 AG ENDA ITEM ?
February 20, 202S
TO: Commissioners/Altenunes
Julie Fitch. Executive Officer
SUBJECT: City of Newp<,rt Beach Housing Opportunity Ov<.>:rlay (MO) Zoning/Coas1t1l Zoniog Aineodinems
Background
lr1 Sep1embe.- 2021, 1he City of Ncwpon Beach submiued i1s 2021-2029 Housing Elcm(.'fll Update ("Update') to the Airport Land Use Commission for Orange County (ALUC) !or a consistency review. The 2021-2029 Housing Element identified five focus areas in the City 10 meet its RHNA allocation or 4,845 total w1its. plus a buffer or 5.069 units. Tlte focus areas are:

Airpon Area; Wcs1 Newport Mesa; Oover-Westcliff: Newport Center, and Coyote Canyon (Sec Attachment I). Your Commission found the Update to be inconsistent with the Airporl £,n•irons land Use Pfau for Jolin Way11c Airpon (Ael..UP for JWA) due to noise. safety und land-use inoompatibilily is:sucs mainly IOr new units in the Airpon Arc.a. The City ow .. 'ffillcd ALUC's detennination and adopted the Upda1e in Fcbrutuy 2022. In August 2023, the City submiued Housing Element Jm~,Jemen1ation/Noise Related Amendments, and in May 2024, Lhc City submitted Housing Element lmplemeoiation rrogratn General r tan Land Use ElerneL1t and Title 20 Amendments. Both of these subminals were found to be inconsistent, and the City overruled ALUC on both.

Most of the Newpcm Center area is wilhin the North Newport Center Planned Community which allows for >tructu.res up to 295 feet. The Non.h Newpor1 Cent'-'f Planned Community was origillally adop1ed in 2007, wi1h amendments in 2009. 2011, 2012 and 20 15. The original Plailited Commwlity as well as the amendments W'-TC reviewed by your Commission and found to be consistent with cJ1eAELUP for ./WA. No changes ro lhe Planned Community are proposed.

Proposed Pro jccl
The City in now submitting proposed amendments to Newpon Beach Municipal Code Title 20 (Planning and Zoning) and pending Title 21 (Local Coastal Program Implementation Plan), Some or the locations of the sites included in this project arc located wi1hin the Nolification Arca fOr John Wayne Airp0n as shown on Auachment 2. The purpOse of the ttm(..i1dments is to adjust 12-102
A$Cl\ldl) 11cm ?- Hoos;iP.8 ()ppom,nity Ove,111)' CN~l loninJ Am'11<11ncn1s ~-1().2025
Ptigrl
the height limils for certa.i1t properties within the Newport Center Arca (H0-4 Subarea) to accommodate potential residential developmein; to designate 179 u1tits from. the 2,577~uilh limi1 identified forthe Airport Arca HO• I Subnrea to City-owned property at 1201 Dove Street; and to designate 199 units from the 2,439-unit limit idcmified for the HO ◄ Newport Center Subarca to City-owned propcny u1 868 and 870 Santa Barbara Drive. These subareas com:spond to the focus areas identified in Appendix B of 1he Housing Elcmc..-nt. Because 1hesc units would be allocaied from within the existing sub-area alloca1ions. there would be no density increases or additional units \\~th these amendments.

The proposed Zoning Code Amendment would increase the maximum building height requirement for specified housing sites in the Newpon Center Housing Opponunity (HO) Ov<.-rlay Zoning Di81ricl. Specifically, the proposed Projcc1 would increase the maxjmum building heights for 35 or the 247 housing sites identified in the I-lousing Element within the Newport Ce.ner Focus Area. See Attachment 3 for a rnble and exhibits showing existing ond proposed heights. No increases in developnlent capacities or changes to other de\'elopinent standards or development areas are proposed on any of these housing sites. In addition, footnotes would be addod to Table 2-16 and Table 2-28-1 oftl1e Zon.ing Code indicating the allocation of sites for 1201 Dove Street and 868 and 870 Santa Barbara Drive as shown in Anachmcnt 4 (pngco 9-13 of Planning Commission Resolution PC2025-004).

Two of ll1e properties lllat would be affected by the height increase at Newport Center, are wilhin the JWA Nolification Area and also located within the NewJX}rt Beach Local Coastal Zone boundary, so an amend1nent to the pending LocaJ Coastal Zone Program would be requfrcd, The Cioy hos held/schedulod the following public hearings:

January 23, 2025
March 11. 2025
AELUP for JJYA Issues
Planning Commission
City Council
Regarding Airc rafl Noise Impacts:

While the Housing Element includt.-S numerous sites within the 6S dBA CNEL for John Wayne Airport, the site at 1201 Dove S1rec, is in the 60 dBA CNEL A11achmen1 5. The property at 868· 870 SaJ1ta Barbara Drive and the Newport Center properties are outside or1he noise contours.

Regard ing Height Resirictions:

The sites included in this proposed project are within the Notification Arca for JWA and some of the sites fall under the Federnl Aviation Regulation (FAR) Part 77 Imaginary Surfaeco. (Sec AttachmC."fll 6). The 1201 Dove Street and 868-870 Santti Barbara Drive si1cs arc within the HoriZOnl(1l Surlace which would be pcnetralcd at 206 [i,."Cl Above Mcan Sea Level (AMSL). The existing height Ji mi LS for these sites is well below that nnd no! propOscd to change. Some of the 12-103
Ai:mda Item 2 lklw;lng Oppon uaity On'ifh1y'CN-1Ul Z.:111ins Aln1..,1cbna11~ Fcbruut)' 20, l02S
rag~.,
sites in Nc\1tport Center area are proposed for an increase in height limits ofup to 270 feet \Vith ground elevations of I SO to 200 fce1. tbc proposed incrca~ would not pcn<.1:ratc the obstruccion surface for JWA.

Section 20.30.060(E) of the City's Planning and Zoning Code refers 10 AEI.UP requirements thal slrucrures shall not penetrate FAA Part 77 surfaces unless approved by ALUC, and that for stn1cru.res that penetrate the 100:1 Notification Surface, a Fonn 7460-1 will be filed and submi1tcc.l 10 ALUC. h aJso states that structures over 200 feet above ground level will be submiUcd to ALUC. The North N<.-wpon Center Planned Community also has similar language. (So<: Auachmcnt 7).

Regarding f light T rac.ks a nd Safety Zones:

As shown in Attachment 8 the l20i Dove Sm:~.-1: site is located in Safccy Zone 6. According to the California Airport Land Use Planning Hnndbook. noise and overflight should be considered in Safety Zone 6. Atwchment #9 illustr.i.les flight tracks provided by lhc John Wayne Airport Noise Office for two separate days in Oece:mber of 2024. As shown on the exhibits, there are numerous flights over this site and tl1e Airport Area i11 genCT'.il, however, the site is already designated for residential use and n-o new units are proposed. The Santa Barbara Drive and Newport Center sites arc well outside of the safety zones.

Regardin g Heliports:

No heliports are proposed as part of the Noise-Related Amendments, lheref()re, consistency with the AELUP for Heliports was not evaJuated.

Environmenla l Complian ce
The City Council udopt<-d R<-s-0lution No. 2024-50 on July 23, 2024, ccni!ying Final Program Environmental Impact Report SCH No. 2023060699 ("PEIR'"), approving a Mitigation Mo11i1◊ring and Reporting Program ("MMRP'"), 011d adopting Findings and a Statement of Overriding Considera1io1t.~ related to the implememation of tJte Housing Element involvi11g amendments to the General Plan, Coastal Land Use Plan, aod Title 20 (Pla.ruting and Zoning) and Title 2 l {Local Coastal Program Implementation Plan) of the NBMC. A Consistency Analysis Memorandum evaluating proposed amendments was prepared. and the City determined that no additional <.1ivironmcntal review was rcquir<.-d pursuant lO State CEQA Guidelines Section 15162.

Conclu sion
ALUC staff has reviewed this project with respect to <.-oosistency \Vi!h the AELUI' for JWA, including review of noise, height restrictions, overflight and imaginary surfaces. The recommendation below is based on the proposed allocation of approved residential unit allocations from the alrpon area to areas further from John Wayne Airport (in the 60 dBA CNEL and Safety Zone 6). The City·s proposed changes would help reduce the public's exposure to 12-104
oi e and 1d John v ayne -• ir:p rL Regarding tnc propo cd i •• • e, .. h Pl8inni:ng llild ·01:11ing . odf.: rnd orth wpo,rt unit lopmr.:nl Pl t11 inc.lmf lhc necessary MgtU.ij • _ r~ • rdi igh;t II p rt Ii ·L' ...
hm 1 • e - - f. m 1B of h l!lbmitta! r thi
,rry 2 0 rt r la1111im
an be fi d o ty' w b itc:

Th _ t th _ . mmi . i. n fi.ncl th!! pn -~i;J I lo~i 111.g portu1 it~ O , L1ll'I , H Z nint; Amendmoo 11. i t m ilh 11.h~ El_ - P ur JH A.
mittcd,
Juli~ Fi• ·h
• ofr.,• :ffi -er
i, .'. ch. H • t focus Area
2, • ' ' 1cation Area
4,
S, u~

6. J .•
1 1 N
J
1 9. E its
I 0. E Cfil'Pl:S from • · ubmittid

Attachment F
March 20, 2025 ALUC Staff Report
12-105
12-106

A IRPORT LAND U SE COMMISS ION

FOR ORANGE COUNTY
3160 Airway Avenue• Cosra Mesa, C.lifomla 92626 • 949.252.5170 fax: 949.252.6012

AGENDA ITEM I
March 20, 2025
TO: Conunissioners/Altemates
FROM: Julie Fitcll, Bxccutive Officer
SUBJECT: City ofNew1>0rt Beach Housing Opportunity Overlay (HO) Zoning/Coastal Zoning Ainendmel'ltS (Continued from Febnu\ry 20, 2025) The proposed City of Newport Beach Housing Opportunity Overlay (HO) Zoning/Coostal Zoning Amendments projccl w1.1s considcnxl at the Febnaary 20, 202S, meeting or Airport Land Use Commission (ALUC). No detcrminntion wi,s made rcgurding consistency/inconsistency due to a lack of 1najori1y (quorum) vote. As staied i n Section 3.5 of the At.UC Bylaws :
"Quorum. Four members of tJ1e Co1nmission co11s.tirute a quorum for the transaction of business. No act of the Commission shall be valid or binding unless four members ccncur therein. (Amended 5117/90.)"
On a 5-0 vme. lhe item was continued to Lhe March 20, 202.S, ALUC meeting. The City's original Jnnu8.t')' 29, 2025. submiUnJ, nnd subsoquc:nt requcs1ed infom1a1ion ror this item was deemed complete by ALUC Or\ February I 0, 2025. Therefore, this meeti 11g is within the 60.day review period mandated by the Bylaws and Public Utilities Code section 21676(d).

The Pcbrulll)' 20, 2025, staff report for Agenda Item 2, Newport Beach Housing Opportunity Overlay (HO) Zoning/Coastal Zoning Amendments, is attached in its entirety wi1hout changes.

Also nttnchod is a public commcm email received on Febmary 19, 2025.

Recommendati on
The recomme1lded act ion on the Newport Bea.ch Housing Opportunity Overlay {HO) Zonin..g/Coastal Zoning Amenchnents from February 20, 2025, remains unchanged as follows:

That the Commission find the proposed Hous"lng Opportui1ity Overlay (HO) Zoning/Coastal Zoning Amendments consistent with the AELUP for JWA.
12-107
Respectfully submitted,
Julie Fitch
Executive Officer
Attachments:

A.ge11da hon I - ~g Oppc,rtvnity Ovcrby/Coanal Zoning Amcndmmcs M~rda20.202S
"-&•2
Public Comment Email Received February t 9, 2025
Agenda Item 2 StaffRcpon • February 20, 2025
12-108
Fmmc
To.
5~!.

Dlit
~ 1 hi ii L ,·i • J r 111 11.11 • c1.. LI
tL i: h I !ti' I i I
R • • arolng I~ mi 2 (The c ty or N ort !Beach H'ou tng: Opportunity Ov lflay (HO) Z-oninglC,oas:;;.111 Zoning Amendmenl ) 0:11 • omorrQW's. agenda, I no ·ce that the ·staff report correctly obse-rves that the Cifts proposed aciia n woul'.d not res.u It n tlile creation of ,any ew he . o . s.

I die 1t know if it is ,relevant to lhe CQmmis,sjan's del1beralio.ns. but it might be noted they are proposmg hetght increases q, ite close-to the existing • ewpart Beach 1Po1 ce lie[ port ( _ at 870 S nts Barbara D(tVe:
8 • cifita 1Ity·, i loo · . like Ille c1ufi n~ h ~hit limi of 32 reet fla 37 reel sloped on the parcel direcUy ~cross Santa Barbara Drive, .:,t 1470 JaMbo~e Road. would he• in Dreasedl to 11 10 feet
- Jim .o her
12-109

AI RPORT LAN D U SE COMMISSION

FOR ORANGE COUNTY
3160 Airway Av,nue • Co.ta Mesa, California 92626 • 949.252.5170 lax: 949.252.60 12 AG ENDA ITE~l 2
February 20, 202S
TO: Commissioners/ A l ten1ates
FROM: Julie Fitch, Executive Officer
SUBJECT: City of Newport Beach Housing Opportunity Ov<~lay (HO) Zoning/Coastol Zoniog Ainei1dments
8nckground
In Septcmbc,- 2021, the City of Ncwpol1 Bcacl1 submillcd its 2021-2029 Housing Element Update ( .. Updnte"1 10 1he Airport Land Use Commission for Orange County (ALUCJ lor o COJ\sistency review. The 2021-2029 Housing Element identified five focus ureas in the City to meet its RHN,\ allocatio11 or 4,845 totaJ wtits. plus a buffet or 5,069 units. The focu.", areas are:

Airpon Area; Wes.t Ncwpon Mesa: Dover-Westcliff'; Ncwpon Center: and CoyOLe Canyon (See Attachment I), Your Commission found the Update to be inconsistent with the ,tirport £m·iro,1s l.c11d Use Plru, for ,/oJm Way11e Airpon (AElUP .for JWA) due to noise. safety and land-use in«tmp:t1ibili1y issues mninly for new units in the Airport Arca. The City ovcm1lcd ALUC"s dc1ermin111ion and adopted the Upcla1c in Fcbrunry 2022. In August 2023, the City submiw .. -<l Housing Element hnplementat ion/Noise Related Amendments. and in May 2024, the City submitted Housing Element Implementation ProgrM11 General Plait Land Use Element and Title 20 Amendments. 801h of these subminals were found to be inconsistent, and the City overruled ALUC on both.

Most of the Ncwpon Center arco is within the North Newport Center Planned Community which allows IOr struc.tures up to 295 fi .. -ct. The Nonh Newport Ccntc.-r Planned Communily was originally odop1cd in 2007, with omcndments in 2009. 201 I. 2012 and 20 1S. The original Plamted Commu.11ity as well as the amendments were reviewed by your Commission and found 10 be consistent with 1he AEI.UP for JWA. No changes to the Planned Communily .ire pl'QpOSt:d.

Propo sed Pro ject
The City in now submiuing proposed amendments 10 Newpon Beach Municipal Code Tide 20 (Planning And Zoning) and pending Title 21 (Local Coostal Program Implementation Plan).

Some or the locations of the sites included in this project arc locatc.-d within the Notification Arca tOr John Wayne Airpon as shown on Allnchmcnt 2. The purp<>$c of the amendments is to 11djust 12-110
A$C'lk.b l1~'fl\ 2- Hous,n;g Ofil,on:unit) O,.,ttla)' Coa~•I Zom11g Am~1idn...,'tlu 1-'d!rw,y l(I, 2025
P.iiic2
the height limits for cen11jn properties within the Newpon Center Area (H0-4 Subareo) 10 accommodmc potential residential develo~,ment; to designate 179 w\ilS front the 2,577•m\it limit identified for the Airport Area HO-I Subarea 10 City•O\\ned property at 1201 Dove Street: and to dcsignutc 199 units from the 2.439•un.it limit identified for the H0-4 Newport Center Subarca to City-owns-d propcny ut 868 nnd 870 Santa Barbora Drive. These subareas corrospond to the focus areas identified in Appendix 8 of 1hc Housing Element. 8<.-uusc these units would be illlocatcd from within the existing sub-area allocations, there wnuld be no dt'11Sity increa$es or additional units with these amendments.

The proposed Zoning Code Amendment wonld increase the ma.1tintuin building height requirement for specified housing sites in the Newpcu, Center Housing Opponunity (HO) Overlay Zoning District. Spccificolly, the proposed Project would increase the maximum building heigh1s for 35 of the 247 housing silcs identified in 1he Housing Elcmea1 within the Newport Cetuer Focus Area. Sec Atrn.thment 3 for a 1:1ble and exhibits showing existing o.nd proposed heights. No increases io development capacities or changes 10 other devclopmcni standards or dcveJopmeot areas are proposed on any of these ho1Lc;i11g sites-. In addition, footnotes would be added to Table 2-16 and Table 2-28-1 or the Zoning Code indicating the allocation of s.itcs for 1201 Dove Sttect and 868 and 870 Santa Barbara Drive as shown in Anachmcnt 4 (pages 9-13 of Planning Commission Resolution PC202S-004), Two of the prop(...'1'1ie:s tlla t would be nfTected by the height increase at Newpon Ccn1er. arc within the J\VA No1ificmion Area and also loca1ed within the Newport Beach Local Coastal Zone boundary, so an amendment to the pending, Local Coastal Zone Program would be required.

The City has bcld/schcdulcd the following public hcannss:

January 23, 2025
Morch 11. 2025
AELUP (o,· JIVA ln ues
Planning Commission
City Council
Re-iiarding Aircrafl Noise tmpa cts:

While the Housing Element includ1..-s numerous sites within the 6S dBA CNEL for John Wayne Airpon. the site at 1201 Dove Strec, is in the 60 dBA CNEL Attachment 5. The property ai 868- 870 Santa Barbara Drive and 1he Newpcm Centc:r prop(..'Ttics a.re outside of the noise contours.

Regardin g Height Rt11rktlon s:

The sites included in this proposed project are within the Notification Area for JWA and some of the sires fall under the Federal Aviation Rcgularion (FAR) 11an 77 lmagin.ary Surfaces. (Sec Attachment 6). The 1201 Dove Strcci and 868-870 Santo Barbara Drive sites arc within the Horiwntal Surface which would be pcnctralcd ut 206 fc..-ct Above Mean Sea Level (AMSL). The existing height limits for these sites is well below th"t and no! proposed 10 change. Some of the 12-111
A5md.i Item 2 Hou'1n, ()pponu11i~O, ·c•tfay,CO"t<d Zi111inJ Amcndmcnu F\.'twary 2-0. lOZS
raa~J
sites in Newpon. Center area are proposed for an increase in height limits orup 10 270 reet With groun<l elevations of 150 10 200 fce1, the proposed increase would not pc.-'Oetratc the obstruction surfncc for JW A.

Section 20.30.060(E) of the City's Planning and ZOni1\S, Code refer.; 10 .1tELUP requirements tha1 structures shall not penetrate FAA Pa11 77 surfaces unless approved by ALUC. and 1ha1 for structures that penetrnte the 100:1 Notification Surface, a Fom1 7460•1 wiJI be filed and submitted 10 ALUC. h aJso states that structures over 200 feet above ground level will be submitted to ALUC. 111c North Newport Center Planned Community also has similar language. (Sc-c Attachment 7).

Rcgsrdiog flight Tracks and Safety Zones:

As shown in Anachmenl 8 the l201 Dove Street site is located in Safety Zone 6. According to the Califomiu Airport Land Use Planning Handbook, noise und overflight should be considered in Safety Zone 6. At1achmen1 #9 illustnlles flight lrncks pnwi.dc.-d by the John Woync Alrpor1 NoiS,C Onice for two separate days in Oec::embcr of 2024. As shown on the e~hibits., 1here are numerous flights OVCI' this si1e and the Airpo11 Area in general, however, 1hc site is alread)' designated for residential u-se rind no new units are proposed. The Santa Barbara Drive o.nd Newport Center sites arc we11 outside of the safety zones.

Regarding Heli.ports:

No heliports arc proposed as part of the Noise-Related AmendmenlS, therefore, consis1ency with the AELUP for HelipOrlS was OQt evaluated.

Environmenta l Compliance
The City Council adopted Resolution No. 2024-50 on July 23, 2024, ccnifying Finni Program Environmental Impact Rcpon SCH No. 2023060699 ("PElR"). approving a Mitigation Monitoring and Rep0rting Program ('"MMRP"), and ado~ing Findings and a Statement of Overriding Considerations related to the impleincntation of the Housing Elemeni involving arnendments to the General Plan. Coastal Land Use Plan, rutd Title 20 (PlaJt.ning and Zoning) o.nd Title 2 l (Local Coastal Program Implementation Plan) of the NBMC. A Consisteucy Analysis Memorandwn evaluating proposed amendments was prepared. and the City detcrmjned tl1at no additional environmental review was rcquirc.-d pursuant to State CEQA Guidelines Section 15162.

Conclusion
ALUC staff has reviewed this project with respee, 10 consistency with the AELUP for ./WA, including rev;ew of noise, hejght restrictions. overflight and imaginaty surfaces. The recommendation below is based on tl1e proposed allocation of approved residen1iol unit allocations from tl1e airport area 10 areas further from John Wayne Airport (in the 60 dBA CNEL and Safety Zone 6). Tite City's proposed changes would help reduce the public's exposure lo 12-112
r1mi 'l - 'Hi,v ·11 ~n•~ \ ertay, ~m ,nfo
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n i imd , • John. \ ayne ir.p.. · rt Regarding the propo ed imu::rea
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m:d C' mm Inn includrz I.he n c ry I ng,u~ •urdin • b~iyht n::l11lw t P
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ATTACHMENT 1
12-114
1C ty of . • w»0rt 8 • h Hou ODF;!,Ol'Wrt 'tY' ( 0) 0 rl:Py Zc fig IOl!illl'k:t Ame:ndmm Al.UC· S'lllbmlttal Janu ry 29 :2.025
EXHIBIT A=· No.tific tfi:m Area/Pl ning .Anta
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12-115
00~ Effl/tlcl()O IO-lFA025fF-02f7_.i00-887E-OfEC9A0,2E 410 (2) Amend the ?onlns Map to Identify the HO Ove,lay Zont"8 Oi.1trict$. (31 Adopt O ty of Newpot1 Beach Multl•Unit Ob;ective Otsisn Standards. (Rt.$Olutlon Nos. 2024•17 Md 2024•16}. • local Coutal Progr.im Amendment. Amend the local Coastal Program for retonlng program impleme ntation for those sites located in the Coastal Zone. (Resolution No, 2024-S2) • City Charter s«tlon 42) . Approve a ballot measure for I mato, amendmetit to the Gener'al Plan in compliance with City Ch.arter Section 423. (Resolution No, 2024·$8) Proposed Project Description
The proposed Munlci pal Code Amendme nt wookt Increase the maximum building height requirement for specified housing sttes ln 1he Newport Center Housing Opportunity (HO) Overby Zoning District, as outltned in 1he City of Newport Mun k.lpal Code (Munlc.lpal Code} Chapter 20.28 aind pending Chapter

21.28. Specifically, the prof)O$ed Project would IA(rease the maximum building heights for only 32 (all withi n the Newport Center FOCI.I$ Area) of t he 247 housing sites Identified In the 2021-2029 Housing Eiement, as ootJlned In Table 1: H0-4 Newport Center Area• Existing and Proposed Height Umlts and depicted on ExhJbit 1: H0-4 Newport Cente< Area btstlng Height Umlts, Exhibit 2: H0-4 Newport Center Area Proposed He1ght limits, and Exhibit 3: H0-4 Newport Center Area b"Jstlng/Proposed Height Umits.

No increases in development capacities orch.anges to other development standards or developme nt areas are proposed on any of these houstng sites. Additionally, the proposed Project does not propose any changes to the other 21S housing sites identified in the 2021-2029 Hou.sing Element.

Table 1: H0-4 Newport Centu Aro.1 • fxi stin& .1nd Proposed Hti,g:ht Umits HollSJncsite fxbtif'IC Helch, Ptoposed He-ight
148111 32'/37' 60'
149 32'/37' 60'
lSS 32'/37' 85'
164 32'/37' 60'
168 32'/3T 60'
169 31:/JT 60'
17)111 32'/3T 60'
17S 32'/JT 60'
181 SO' SO'
182 SO' 60'
18S 32'/31' 85'
186 32'/3T 85'
187 32'/3?' ss·
192 SO' &S'
203 SO' &S'
212 32' SO'
240 SO' 60'
2S7 SO' 60'
339 31•131•t11 110'
340 32'/37' SS'
341 32'/37' SS'
34S 3l'/3T 270'
3'6 32'/3T 270'
JA7 32'/3T 270'
ATTACHMENT 3
12-116
0oonql Etlvel<>Oe 10'. 2FA02SfF-<XZF7◄i00-867E-DfEC9A02E410 Table 1: H0-4 Newport Center Atta• Eidstin& and Proposed Height Umits Housln,Sttit &1st.In& HitJ&l\t ProposH Helaht
348 l2'/3T 210'
349 32'/37" 210'
3SO 32'/3T 270'
351 32'/37 270'
352 3'2'/JT 210'
3S3 300' 110'
35A SO'
"" '
31:/31' 270'
.....

1. The m.alimum •lki\Wt!Je Mich! fOf ponloM of Hou1,lng Sites 148 and 173 \W:htn the Newport Cenur Slghl Plane would notehlntt, ThtW Sitts' t11ax!Mum •How able heilhl would fen'llil'I be<wHII 15" to 32• ,. the "12'/)T• 11mn "Ae,cu "tl.tbloped"' hecM llmlu,
In addition, the proposed Municipal Code Amendment would add footnotes for the Airport A1ea Housing Opportunity (HO•l) OYtrlay Zoning District and H0-4 Overlay Zoning District to identify a certain number of units being aUocated from the respective development Umits to a select group of City•owned properties.
12-117
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Propo sed Height Limits
• NB
12-119
11-110 1--4 Newp ,or·t Ce rnte r A-,ea
IEx.i shin · / Pro,p10 s d 1H e g1ht IL111m1 l's
12-120
P an oi g Commissiolil R . sohi lon o. PC 2 025-0 □ 4

EXlkUIB T 1B"'
A - ENID- ENT TO 1CHAPiE R 20!. 28 (OVERLAY ZONING 'IOIS,TR;l,C ,S ,HP PM B,1 IH~1} OF TITI..E 201 (PlA _ _ NG1 AND1 ZO NIING)
Table ~16 o Section 20 28.50 (Ha sing Oppo unity (HO) Overlay Zoning D"s.tricts} of Cit pteir

20.26 of lhe N wpo Beach unioipa1 Cod ould be a en ed fol -,s, cu ntty· SJ · o. n ·11 re I _e-s ri ul format for ease or re·rerence o ly:

DEVELOP IIE:NT sr NDAIROS IFOR IHO'll.f.SING OPPOrul!JNlTY OViei:tLAY ZONES H0 -1 H0 -6,
1,530 ' I.

LO Mln n, m: 2. 176 C2.0 • i "i'J'IUl'f'I: A
(ILtlscJ 2,178 (20cJu e) 2,178f20 St1;1na1;1rd
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r ~e Open Space
111- , -2:)
A ACHM NT 4
12-121
Oocl.illgn £FM!IO!>O 10· 2FA025FF.02F"7-4&00-"67E-OFEC9A02£4 IO Planning Commission Resolution No. PC2025-004
Pa e10of 13
TABLE 2-16

DEVELOPMENT STANDARDS FOR HOUSING OPPORTUNITY OVERLAY ZONES Houstng Opportunity Subareas
Development Feature H0-1 I H0-2 I HO..J I H0-4 I H0-5 HO·-G Fencing See Sectton 20.,3.Q,OAO (Fences-, Hedges, Watts. and Retalnfngwalts}. laOOscaplng Sot Ct'lapter 20.3.6 (Lanctseaping suu,(ltifOS).

IJ8hting S&e Sectk>n Z0,3Q,070 (Outdoor Ugtltin,).

Outdoor Storag-e/Oisptay SeeSectlon ~14Q(Ou td00f Storage, D,sptay, and ActMtles).

Parking See $Ubseetlon (0)(3) 01 this section and Chop1et 20 40 (0ff ,Stree1 Parking').

SatelUteAntenMs $ff Section 20.48L19!0(Sate1Uu: Antennq and Am3tevr Rt'ldiO F&eltltle,).

Sign$ see C~1>1er 20,42 (Sign SW.na&l'ds),
(lt Development limits Sfe addibonal reslde-ntial deveklpment opporb.Jn!tles beyond the base altowanees In thss Title or the General Plan The,e limits shal not ~Ude <Jen.s-«y bOnus units or units that are either idel'tbfied as pipehrie un.rts in the 6111 Cyde Housing Element (Table B-2) or units that were applied for and predate the effective date of the HO Overlay Zoning OtstriCl$ Furthermore. e!iglble units &e only counted against lhe development limits 'trtlen they are e..ther enWed Of are issued a building permit If aDowed by ~l However, 25% of the development imil wtthin each HO o,.«ertey Zoning Oistr)Cl that includes p<opert.aos within the Coastal zone shalbe ,esel'V6d until such a brM as lhe City's Local Coastal Program has been amended to s11ow foe hOus,ng oonslstent with the mplementatlOfl of the 6th Cycle Housmg Eaetneru Follow,ng the C11ys Local Coastal Program Amendment. priority f0t the rese<ved units wll be grven 10 sites located within the Coastal Zone.
(2) Minfflvmtmaximum aUo-.vable den11ty ran~ m3y be based on an ave<age de~y of the enure proJect site, excludlng density bonus units
(3) Arr'/ poruon of the bullding th.at is over 20 feM sn hetghl sh311 be setback a minimum 20 fee., rrom the street right.of-way
(4) Except in the MiXec:14.Jse M&rlnef$ Mlle (MU-MM) Zoning OIStrlct wheresn residentlll uses are only allowed beginning 100 f~t north of Coast H,ghwav
(5) The combined 1otaJ from bo1h sides shell be 1S feet. (6) The heigM shalt be limrted to 35 feet in I.he Shoreline Height I.Jmit Area, es idenbfiecl in Map H-1. (7) •BlJse Zone· 1ne1udes an he,ght limitations es1ablished by the S.ght Plane Ordinance {Ordl'la.nce No 1371 and Ordinance No 1596).
(8) The FAR W'I this table only applies to residentlaJ Aoor area. lnctudrng any suwc,ning faeil!ties, In mixed­ u&e c!eve!Opments, the FAR for nonres«fential ts still ap,phcable (9) FOf purpose$ of this secuon. common and pri\131.e open space In HQ.1 may include enclosed shared amen~ such as a clubhouse, sWIM'lllng pool, tennis court. basketbal court, racquetball court, wetghtlitting facility, child1en·s playground equipment. sauna, )acuu l day care facilil.y. or any other reaaabonaJ amenities/facilities as deemed appropna1e by the Commumty Deveklpn-.ent 01reclot. (lO)ThA denslty 1s intended for the tonne, Coyote Canyon LMdflll site only The Sage H• School site 11 limted to a maximum of 20 dweling units
(11l0f the 2 577 base deve4qpmeQI yn~s, 179 UQlts (50 du/aC)J!)a!I be §located to $rte ID No n (1201 Qove Street) rrom She §111 C'Vde Hoysing E~ment SrtM lnveptor'y, (12i0fthe 2,439 base development unb1 for HO ➔, 199 unu (50 dulac> that be allocated to site 10 NQ 362 (868 and 870 Santa Barbara Ortve} from the 6'11 Cyde Housing E5emenl S1'8$ lnyentpry. 12-122
Planning Commission Resolution No. PC2025-004
Pae 11 of13
The following map would be updated In Section 20.80.025 (Housing Opportunity Overlay District maps) or Chapter 20.80 (Maps) of the NBMC and will be provided prior to City Council consideration.

H0-4 - Newport Center Area (PDF)
12-123
Pl n11 ing Commis.s ion Resc lwition - o. PC2025 004
Pa ~ 12 a,f 13
IEXH~BIT C"
AM EN DM ENT TO C IHAPlE .. 21 28 (OVERU Y COAST A~ ZONING DISTIRI.C 1.S ( HP,. P1 ~ 8 C, H1 AND HO) OFT _TLE:21 (LOCAL COA.S, : IL IPROGRA __ ~MPLE ENTATIIO. P -·N) - • .28- 1 or Section 21 .28.070 (Hau • Op • a unity (HO] 0 erlay Coastal - ·) o r 21.28 of T1 • 21 I st rngram n · tfon Plan) or he orl un icipal C"Ode o cl - o lows ly shov. n 118d n -s _ t
foir ease o refere· ,ee only, to Caii1ifomia C _ ornmiss1an rev'ew nd approval:

TABll.!E 21,.28-1
ROS F="OR HOUSING OF!iPOR1f"U NlTY CVERl:.A. Y ZiON 8
D . 10 i2l ()f.Zl
0 C)
12-124
-4 C-697E-OfEOBADlE."l 1D
Pl nnin Commission Fl solu ·on No. F'C:2025-004
P e13crf13
,1) Id ng l c ~ ov t n h, I h Shall be setback a lnlm O ~c. tQr t.hes .
f3) E (e 11 • U- J Z mng 0 1s • her n 1d nt1al u!i~-S dr Q I a I t HI
C ) b
( ) In
(6) t ~ I LI
n II ,;1p ~
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ne rolnDwing map wauld be upda e:dlfadde to p 11dirig S ct"on 21.80.032 (Housin Opportuni y O , y Dislf • maps, o Chapter 2-0.80 (Maps) of the B C:

HO'"4 ~ • -ewpo.rt Center Area (PDF)
12-125
City of wp . Beach Hou-9. ng Oppm unirt:y (HOJ Owlllay Zilmi llf:sil: a::'li Aim ndmenta AL-UC Sutimii:tam. Ja :u TY 29, 2.Cl2S
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12-127
NEWPORT 8EACH MUNICIPAL CODE
Title 20 PLANNING ANO ZONING•

20.30.060 Height Limits and Exceptions .

E. Airport Environs land Use Plan (AELUP) for John Wayne Airport and Airport Land Use Commission (ALUC} Review Requlremems.

1. AELUP Requirements.
a. Buildings and structures shall not penetrate Federal Aviation Regulation (FAR> Pan 77, Obstructlon-lmag1naiy Surfaces. for John Wayne Airpon unless apprO\'ed by the Airport Land Use Commlssion (ALUC).
b. In compliance with FAR Part n. c1ppl1cams proposing bulldlngs or structures that penetrate the 100:1 Notifi<ation Surface shalt file a Form 7460-1, Notice of Proposed Construction or Alteration wnh the FAA. A copy of the FAA appf1eation shall be submitted to the ALUC and the applicant shall provide the City with FAA and ALUC responses.

2. Citywide Requirements. Development projeclS that include structures higher than two hundred (200) feet abov;, existing grade shall be submitted to the Airport Land Use Commission (ALUC) for review, In add ition. projects that exceed a height of two hundred (200) feet above existing gr._::ide shall me Form 7460-1 with the Federal Aviation Administration (FAA). (Ord. 201S-12 § 4, 201S; Ord. 2012-11 § 1 (Exh. A), 2012: Ord. 2010- 21 § 1 (Exh.AXpart), 2010)
ATTACH MENT 7
12-128
Ill. Site Development Sta ndard s
Land Use5, Oe~~l S!andat<b & Proceduros
Secbon m. Site Oeve'®menl Standards
The following site dc .. ·clopmcnl St:lndard.1; shall opply 10 t.hc North Ncwp0n Centel' Planned Commmiily.

A. Permitted Height or Structur es
I. Standard s for Allowable Uright s
Allowable hcighi.s we dc1cnni11cd by sub-area. AU building heights arc measured at fUtishcd grade.

Rooftop appuncnanccs and :ircbi1ec1urol reatures a.re pcnniued and may exceed the ma.'limum building height by up to 10 foet. Rooftop appunenanccs must be sen.~ned fro1n \'icw: the height or l'OOftop appurtenances sh.all not C.l.ct.'Cd the height of scn:ening. Supports for wiodQw wa$hing equipment arc pcm1incd, nnd arc not required to be screened from view. No se1bncks :ire required. Architctu.1ral features niust be an e.xlcnsion of the architc..-ctural style of 1he building itl u:m\S of mn.tccfaJs. design and culor.

Fashion b land: The maximum heights or structures within Fashion lsfond nrc dcp1c1cd m Table 3, Fashion Island Ueight Limits.

Tab le J - Fashion island Ht igbt Limits
Building Type Height
Major 001lclrQs 125 feet
Malibu~ 75 feet
Pa'1i:ina strudures 55 feel
Petlphe<y buildings 40 ''"
Slock 100: The maximum hc1gh1 or:ill strocnu,,--s sh.ill be SO rcct as mca.._..-urcd from finished grade.

Blocks 400. SOO. and 600: The mlL'=imum heigh1 or all s:1rucrures shall be 295 foet as measured from finished grade.

Block 800: Tbe nHL'timum height of all strucu.u'CS within the residential ponion s.hnll be 200 f4.-ct .is measured from finished grade. The mi.1ximu.m h~ight of all structures within I.he co,nmerci.al offic<: 1xn1ion shall be 125 f<.-el as measured from finishf..-d grade.

San J oaquin Plaza: The maximum heig,lu of all struc1ures in San Joaqum Plw.a sh.ill be 65 feet as measured from finished gmde.

2. S1:1ndards for Building s o-,·er 2:00 Feet ln l-lelghc :a. Avi:nioo Com patibilil y
rrior to issuance or buildjng pcnnits. tllc project applic.Jm must demonstrate thal the following conditions have bee.n s:i.tisfit..-d. New development sha ll be rcquin.-d to t..-on\ply with the following conditions rdatcd lQ thi: Airport l!nvirons Ulnd Use Pltin (AELUP) for the John Wayne Airport:

I. Foe dcvcl0pmeiu of struc1Ul't·.s th:u cxct.-ed 200 feet i11 height nbo\'C ground level :n a development site, applicants shall file II Notice of Proposed Construction or Alteration with the federal Aviation Administrotion (FAA) (FAA Fonn 74fi0•1). Following the FA.A's AeronamicaJ Study of the project. projects must comply with conditions or North Newpot'I Center Aanned Corrwnunlty Oevelopmenl Plan No-..mbef 10, 2015
15 12-129
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12-130
City of Newport Beach Housing Opportunity (HO} Overlay Zoning District A.mend men ts A.LUC Submittal, January 29, 2025
EXHIBIT C -A'i? Safety Zones
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12-131
JOhn woyne Airport Altitude Anoly!!s
l hu<sdoy, December 19, 2024
637 Operations
Source: John wavne Alrpol't, Orange County
_ ,.,
■ <SOOft
■ SOO • 1000 ft
■ 1000 • I 500 It
■ 1500·2000h
0 2000 • 2500 ft
■ >2!0>h
t:_TTACHMENT 9
12-132
John woyne Arport Allitvde Anotysis
Sotvrdoy. December 21. 2024
487 Operotions
Sourtt: John Wayne Aitport, Orange County
......, (It.)
• <5001\
■ SOO • 1000 It
■ 1000 • ISOOI\
■ ISOO • 20001\
0 2000 • 2500 I\
• >25001\
12-133
January 29, 2025
Julie Fitch, Executive Officer
Airpor1 Land Use Commission for Orange County
3160Airway Avenue
Costa Mesa. CA 92626
OltOI I ~ I r ➔
IOOCNocCetltff DrM
Nfa•OOrl &nm. (Jl\f~ 9:t60
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N'wpom,eKt>o p,'c01tW11Unllycltvelo!"'W II

AECEIVED
JAN 2 9 2025
NNOllf wc,urcoe :: en11CH
RE: City or Newport Beach Housing Opponun!ty (HO) Ove~ay Zoning/Coastal Zonlng Amendments Dear Ms. Fitch.

Pursuant to Section 4.3 (Amendments to General Plans and Specific Plans (Zoning]) of the Airport Environs Land Use Plan (AELUP) for John Wayne Airport, the City of Newport Beach (City) requests that the Airport Land Use CommisSion (ALUC) review the City's proposed narrowly focused amendments to Trtle 20 (Planning and Zoning) and pending Title 21 (Locat Coastal Program Implementation Plan) of the Newport Beach Municipal Code (NBMC) for consistency with the Airport En"1rons land Use Plan (AElUP ) at Its mootlng on February 20, 2025.

The purpose of the amendments is to adjust the height limitations of certain properties within the Newport Center Area (H0-4) Svbarea to oocommodate potential residential development within the intended prescribed density range, and to allocate units from the respective devek>pment fimits for a group of City.owned properties located within the Airport Alea Eovlroos Area (H0-1) arxl H0-4 Subareas. It is Important to emphasize that no density or additional units are being proposed wlth these amendments. These Subareas correspond directty to the Focus Areas idenliOed in Appendix 8 (Adequate Sites Anatysis) of the certified 51t1 Cycie Housing Element (Housing Element).

I believe the enclosed materlats adequately address au the required lnfonnatlon yolJf office needs to evaluate and bring our application to hearing on February 20, 2025. ShOuki thrS not be the case, please know the City is committed 10 providing any aoditionel information necessary to constitute a complete apprteation and stands ready to provide such information al a moment's notice.

I can be reached at 949-644-3253 or [email protected]. You may also reach out to Deputy Community Development Oire~or Jaime Murillo st 949-644-3209 or jmurilk>@newportbeachca.gov.

Thank you for your time and consideration of our applkatlon. The City looks foiward to collaborating wilh AlUC and ALUC Slaff on !his matter.

ATTACHMENT 10
Community ~6opm~nt Depa.rtment
12-134
Attachments:
1a. Tille 20 (Zoning & Planning Code) Amendment Submittal Form & Checklist 1b. TIUe 21 (Local Coastal Ptogram Implementation Plan) Amendment Submittal Form & Checkhst

2.a. Planning Commis:Sion Resolution No. PC2025-004

2.b January 23, 2025, Planning Commission Staff Report with Attachments

2.c January 23, 2025. Planning Commission Memorandum with Attachments

3. Strlkethrough-Under11ne Tabios & Existing/Proposed Height E,chibits

4. AELUP and City Noise, Hoighl, and Safety ConsiSteney Analygis Exhibits:

A.
81 & 82.
c.
o.

NotlflcaUon Areal'Planning Area
Noise Contours
Airport Safety Zones
Obstruction Imaginary Surf&ees
12-135

A IRPORT LAND USE COMMISSION

FOR ORANGE COUNTY
SUBMITTAL FORM: 0 GENERAL PLAN· 0 SPECIFIC PLAN· 181 ZON ING CODE

1. Name of City or County: City of Newport Beach

2. Contact Information• Name/Title Ben Zdeba/Plannin,g Manager Agency: City of Newport Beach
Address: 100 CMc Center Orive, Newport Beacl1, CA 92660 Phone/email: 949-644-32S3/[email protected]

3. Airport Planning Area(s):
® John Wayne Airport O Fullerton Municipal Airport D JFT8 • Los Alamitos

4. Item being submitted for review (submit each Item separately): Zoning Code AmenOment Name or General Plan Element, Specific Plan or Planned Community : HOU$,ng 091:1omm,ty (HO) Ovtrtw,, ZOfling Oi$1nctAmonclmen1$ - Tille 20 (Plai!YW'lg & Zorw1g) of Newport Beac:h Munq:)11: Coctt s. Scheduled date of Planning Commission Choose mot1tl'I Public Hearing: 1,i312025,

6. Tentative date of City Council/Board of Supervisors Public Hei'!ring: 311112025

7. Requested date of ALUC Review February 20.

ComPltt~ suein1ruo!J ~ ~ ,~ &y rM Jun dor of rM mot1Ch to bf totdid~H for tM t'l~ld mtttll'f9 dot~.

8. Ooes the item submitted ptopose a change of land use or heights within the aitport Notification/Planning Area•? D No (skip Items# 9•12).181 Yes (continue below).

9. Ooes the Item ptopose a change of D land use, D density or O heights within the 0 60 CNEL or 065 CNEL noise contours of the airport(sJ-7 Please attach an exhibit showing location(s) of the sites in relation to noise contours.

10. Are ~ noise or Qi'.3 height policies/mitigation measores Included 1n the proposed item or elsewhere in the General Plan? 0 No ® Yes . Please attach pages with current (and proposed if applicable) noise policies/mitigation measures highlighted.

11. Ooes the item submitted propose a change of Olan d use, 0 density or O heights within the Runway Protection Zone (RPZ), Clear Zone {CZ), or Airport Safety Zones of the airport •? If so, please attach exhibit(s) showing location(s) of sites.

12. Does the item submitted propose a change of □ land use, 0 density or 181 heights within the Obstruction Imaginary Surfaces•? If so, please attach exhlbit{s) showlns loc-ation of sites.

13. Please indicate current 32 ft to 65 feet and proposed 32 feet to 270 feet maximum heights allowed.

COnrMiJOd 1)1') nox1 p~
12-136
SUBMITTAL CHECKLIST: General Plan · Specific Plan · Zoning Code ® Cover letter on City/County letterhead.
® Completed Submlttal Form.
@ link to existing S!lGlH>fi 20.2B OSQ t-tousing OooorlUnity {HOJ Overlay Z.onll'Je,._D1::i.1/!CtS and proposed please see Attachment 3 General Plan Element. Spedfk Plan or Zoning Code for this submittal.
~ Attachment showing proposed changes to General Plan Element, Specific Plan or zoning Code Section(s) with strikethrough/underline.
® Exhibit showing location{s) of project locations within the Notification Area/Planning Area for airport(s},
® Exhibit showing loc-atlon(s) of project locations Jn relation to noise contours for alrport(s) . ® Exhibit showing loc-atlon(s) of project locations In relation to Airport Safety Zones. 3 Exhibit showing locatlon(s) of ptoject locations In telatlon to the Obsttuction Imaginary Surfaoes.
0 Attae:hment showing cu,,ent and proposed noise and/or pollcies/mitlgatlon measures (If appli<able).
~ Explanation of how the General Plan, Specific Plan, or zoning Code address the AElUP standards for noise impact, safety compatibility, and height restriction zones.

Please see Attachment 4
~ Describe land use, height and density changes in cover letter and attach pages of General Plan, Specific Plan and/or Zoning Code where maximum heights are specified. 3 Provide information regarding CEQA compliance.
•for airport planning/notification areas. noise contours, safety zones and obstruction imaginary surfaces see Appendix O of the applicable Airpon Environs land Use Plan {AELUP) at:
http s://www.oealr,c onl /abou t/admln1stration/alr port-governance/comm,sslons/airport•land•u.se• comm ission/
Noise sensitive uses include but are not limited to community facilit ies such as: churches, libraties, schools, preschools, day-are centers, hospitals, and nursing/conwlescent homes.

Moil or £moll Submittal Form, Ch«klist ond otrochments to: Airport Lof'ld use CommW:ion for Orange County, Attn: Exttutivt Officer, 3160 Airway AVf!nue, cono Mt$0, CA 92626 I Phone: (949) 251·51 'lO ALLJ(in(o@og,if,CW
•"n
12-137

AIRPORT LAND USE COMMISSION

FOR ORANGE COUNTY
SUBMITTAL FORM: 0 GENERAL PLAN· 0 SPECIFIC PLAN • 181 ZONING CODE

1. Name of City or County: City of Newport Beac;h

2. Contact Information- Name/Title Ben Zdeba/Plannfng Manager Agency: City of Newport Beach
Address: 100 Civic Center Drive, Newport Beach, CA 92660 Ph one/ema 11: 949•644• 3 2 53/[email protected]

3. Airport Planning Atea(s):
~ John Wayne Airport D Fullerton Municipal Afrport D JFTB • Los Alamitos

4. Item being submitted for review (submit eac.h item separately): 2on.ng Code Amendment Name of General Plan Element, Specific Plan or Planned Community: Penoing Housing 0P9()C1Unlty CHO> OYetl,ly Z.Ql'llng Oit.triet:1 Amenll'ntin-tt- TiUe 21 (l.oeal-Co&$1.11 Prograim lmp&ornenr.auon Plan) of Newpot1 Beaeh Munip,81 Code
S. Scheduled date of Planning Commission Choose mot11t1 Public Hearing: 1l2Y2025

6. Tentative date of City CounciVBoard of Supervisors Public Hearing: 3111/2025

7. Requested date of ALUC Review February 20.

Compl,tr~ S(;btlliffo,'s tl'lll,l.st H r«d'Wd b)' ~ first 40y o/ tM "'°""th to be' toMilkrf'd to, Utt N,tt MHtO,O doff'

8. Does the item submitted propose a change of land use or heights within the airport Notification/Planning Area•? □ No (skip 1tems If 9·12).@ Yes (continue below).

9. Does the item propose a change of D land use. 0 density or D heights within the 060 CNEl or 065 CNEL noise contours of the airpon(st? Please attach an ex.hibil showing loc-atlon(s) of the sites In relation to noise contouf'S. 10, Are@ noise or ~ height pol1c:les/mltlgation measures Included In the proposed item or elsewhere In the General Plan? 0 No ia Yes. Please attach pages with cunent (and p(oposed if applicable) noise policies/mitigation measures highlight·ed.

11. Does the Item submitted propose a change of O land use, □ density or D heights within the Runway Protection Zone (RPZ), Clear Zone (CZ), or Airport Safety Zones of the airpon •? If so, please attach exhibit(s) showing location(s) of sites.

12. Does the item submitted propose a change of □ land us.e, □ density or @ heights within the Obstruction Imaginary Surfaces•? If so, please attach exhiblt(s) showing location of sites.

13. Please lndlc-ate current 32 feet to 65 feet and proposed 32 feet to 270 feet maximum heights allowed.

ComJOOHOt'IMJCf />l9f
12-138
SUBMITTAL CHECKLIST: General Plan, Specific Plan , Zonin g Code ® Cover letter on City/County letterhead .
® Completed SVbmittal Form,
® Unk to existing City Covncll Resolution 2024·52 and proposed please see Attachment 3 General Plan Element, Specific-Ptan or Zoning Code for this submitta l. ~ Attachment showing proposed changes to Gener-al Plan Element. Specific Plan or Zoning Code Sectlon(s) with strikethrough / underline .
® Exhibit showing location( s) of project locations within the NotificaUon Area/Planning Area for alrport(s).
© Exhibit showing location( $) of project locations In relation to noise contour s for airport {s). ~ Exhibit showing loaition{s) of project locations in relation to Airport Safety Zones. ® Exhibit showing la<atton(s) of project locations in relilltion to the Obstruct ion Imaginary Surfaces.

D Attachment showing current and proposed noise and/o r policies/mitigation measures (if applicabfe).
® Explanation of how the General Plan, Specific Plan, or Zoning Code address the AELUP standards for noise impact, safety compatiblllty, and height restrict ion zones.

Please see Attachment 4
® Oescrlbe land use, height and density changes in cover letter and attach ~ges of General Plan, Specific Plan and/o r Zoning Code whe re maximum heights are specified. a:iJ Provide Information regarding CEQA compliance.
•For airport planning/notification areas, noise contours, safety zones and obstruction imaglnarv surfaces see Append ix D of the applicable Airport Environs Land Use Plan (AELUP) at:
https:{lwww .ocair.c9m/ab9y5/administration/airport •ROVernanse/commi55i9nsJairp9rt•land•Y$f· c;pmmi5Sl9n/
Noise senslti11e uses Include but are not limited to community fadlities such as: churches, librar ies, schools, preschools, day-care centers, hospita ls. and nursing/convalescent home s.

Moll or Email Submittal Form, Checklist amJ arrochmenrs ro: Airport Lond Use Comm Wion for Otoflge Count)', Attn: Exec.utlve Officer, 3160 Airway Aventl(", Cosco Mesa, CA 91626 / Phone: {949) 2SZ•SJ 70 ALLJCln([email protected]
IIUtl.$
12-139
RESOLUTIO N NO. PC2025-004

A RESOLUTION OF THE PLA NNING COMMISSION OF THE CITY

OF NEWPORT BEAC H, CALIFOR NIA, RECOMMENDING T HE

CITY COUNCIL APPROVE AN AMENDMENT TO SECTION
20,28.050 (HOUSING O PPORTUNITY (HO) OVERLA Y ZONING
DISTRICTS) OF T ITLE 20 (PLAN NING A NO ZONING) AND
PENDING SECTION 21.28.070 [HOUSING OPPORTUNITY (HO)
OVERLAY COASTA L ZONING DISTRICTS] IN TITLE 21 (LOCAL

COASTAL PROGRAM IMPLEMENTATION PLAN) OF THE
NEWPORT BEACH MUNICIPAL CODE (PA2024-0205)

THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS:

SECTION 1. STATEMENT OF FACTS.
1, On September 24. 2024. the City Council adopted Ordinance Nos. 2024-16 and 2024-1 7, approving amendments lo Tille 20 (Planning and Zoning) of the Newport Beach Munic.,al Code ('NBMC"). to establish lhe Housing Opportunity (HO) Overlay Zoning Districts in SeClion 20.28.050 (Housing Opportunity (HO) Overlay Zoning Districts) and to create multi-,init objective design standards in Section 20.48.185 (Mutti-Untt Objective Design Standards). The new sections seive to implement Policy Actions 1A through 1G and 3A in !he General Plan 6"' Cycle Housing Element ("Housing Element").

2. Section 20.28.050 of the NBMC allows for new housing opportuntties within five subareas lo ensure the City can accommodate its 6"' Cycle Regional Housing Needs Assessment ("RHNA") allocation. These subareas correspond to the Focus Areas identified in lhe Housing Element and are as follows: Airport Area Environs Area (H0-1 ). West Newport Mesa Area (H0-2), Dover-Westcliff Area (H0-3), Newport Center Area (H0-4). and Coyote Canyon Area (HO-S). Properties identified within these subareas are eligible for specified development aliowances conducive to residential development at the prescribed average density of 20 to 50 dwelling units per acre. The standards include but are not limited to minimum lot area, setbacl(s, heighL open space, landscaping, and pari<ing.

3. On July 23, 2024, the City Council adopted Reso!ullon No. 2024-52, authorizing submittal of the Local Coastal Program Amendment to the California Coastal Commission to amend the City's Coastal Land Use Plan and Trtle 21 (Local Coaslal Program Implementation Plan) of the NBMC to establish the Housing Opportunity (HO) Overlay Coastal Zoning Districts and !heir corresponding development standards applicable to properties localed within the Coastal Zone to implement the Housing Element.

4. On November 19, 2024, the City Councij adopted Resolution No. 2024-85, inttiating an amendment to Section 20.28.050 of Ute NBMC and the pending complementary amendments in Title 21 or the NBMC. to review and make possible adjustmenls to certain development slandards, including but not limlted to building height limits specified in Table 2-16 (Development Standards for Housing Opportunity Overlay zones) of Section 12-140
Planning Commission Resolution No. PC2025•004
Pa e2of13

20.28.050 (Housing Opportunity (HO) Overlay Zoning Districts) and pending Table 21.28- 1 (Development Standards for Housing Opportunity Overlay Zones) or the NBMC.

5. An amendment to Table 2-16 of Section 20.28.050 and pending Table 21.28·1 of tile NBMC is necessary to adjust the height limitations of certain properties within the H0-4 subarea to a=mmodate potential residential development with the intended prescribed density range, and to identify a certain number of units being allocated from the respective development limits for a selected group of City-owned properties located within H0-1 and H0-4 subareas. The corresponding Housing Opportunity Ove~ay Oislrict Maps in Section

20.80.025 and pending Section 21.80.035 would also be amended accordingl'{ ("Amendmenf) .

6. A public hearing was held on January 23, 2025. in the Council Chambers al 100 Civic Center Drive. Newport Beach. Cal~ornia. A notice or time, place and purpose of the public hearing was given in aCC¢rdance with California Government Code Seclion 54950 et seq. ("Ralph M. Brown Act") and Chapters 20.62 (Public Hearings) and 21.62 (Public Hearings) of the NBMC. Evidence. both written and oral, was presented to, and considered by, the Planning Commission at this public hearing.

SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.

1. Pursuant to the California Environmental Quality Act ("CEQA") as set forth in California Public Resources Code Section 21000 el seq. and its implementing guidelines set forth in Cal~ornia Code of Regulations. Title 14, Division 6, Chapter 3 ("CEQA Guidelines"). the City Council adopted Resolution No. 2024-50 on July 23, 2024 , certifying Final Program Environmental Impact Report SCH No. 2023060699 ("PEIR"). approving a Maigation Monitoring and Reporting Program ("MMRP"). and adopting Findings and a Statement of Overriding Considerations related to the implementation of the Housing Element involving amendments to the General Plan, Coastal Land Use Plan, and Title 20 (Planning and Zoning) and Tttle 21 (Local Coastal Program Implementation Pian) of the NBMC whictl are available at: Housing lmglernentation Program EIR.

2. Pursuant to Section 21166 of the Cafifornia Public Resources Code and Section 15162 of the CEQA Guidelines. when an environmental impact report ("EIR") Is adopted 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:

OJ.17,U
a. Substantial changes are proposed in the project which wiJI require major revisions of the previous EIR due to the involvement of new significant environmental effects or a substantial Increase In the severity of previously Identified significant effects:
b. Substantial changes occur with respect to the circumstances under which the project Is undertaken which will require major revisions of the previous EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified signfficant effects; or 12-141
Planning Commission Resolution No. PC2025--004
Pa e3of13
c. New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the EIR was adopted as complete. shows any of the following:

I. The project will have one or more significant effects not discussed in the previous negative declaration;
ii. Significant effects previously examined will be substantially more severe than shown in the adopted negative declaration:
iii. Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and woutd substantially reduce one or more significant effects of the project, but Iha project proponents decline to adopt the mitigation measures or alternatives: or
iv. Mitigation measures or alternatives which are considerably different from those analyzed in the previous negative declaration woukS substantially reduce one Of more significant effects on the environment. but the project proponents decline to adopt the mitigation measures or alternatives.

3. The Amendment, which include adjustment to the height limitations of certain properties within the H0-4 Subarea to accommodate potential residential development with the intended prescribed density range. and to identify the number of units being allocated from the residential development limits for certain City-owned properties within H0-1 and H0-4 Subareas, does not constitute substantial changes to the circumstances under which the projecl would be undertaken that woutd result in new or more severe environmental impacts than previously addressed in the EIR. nor has any new Information regarding the potential for new or more severe significant environmental Impacts been identified as detailed in lhe CEQA Consistency Memorandum, which is attached hereto as Exhibit "A" and incorporated by reference. Therefore, in accordance with Section 21166 of lhe California Public Resources Code and Section 15162 of the CEQA Guidelines, no additional environmental review is required to adopt the Amendments.

SECTION 3. FINDINGS.

Title 20 (Planning and Zoning) Amendment
An amendment lo Title 20 (Planning and Zoning) of the NBMC is a legislative act. Neither Tille 20 itself nor California Government Code Section 65000 et seq .. sets forth any required findin-gs for approval of such amendments. However. Section 20.66.040 (Commission Recommendation) of the NBMC requires lhe Planning Commission to make and file a report of its findings and recommendations with the Council.
12-142
Doo.,$i0f1 ftNelope 10 2F~FF-o2F7~900-3&7E·OfEC'OA02EA10 Fiodipqs and Facts lo Support of Finding:

Planning Commission Resolution No. PC2025-004
Pa e 4 of 13

1. TIiie 20 of the NBMC serves as the City's Zoning Code, whk:h is a tool to ensure consistency with and Implementation or the General Plan. II is necessa,y to amend and update Tille 20 from time to lime lo ensure the policies sel forth by lhe General Plan are being implemented effectively.

2. The Amendment specific to Tttle 20 (Planning and Zoning) of the NBMC, which is attached hereto as Exhibit •s" and incorporated herein by reference will further enable the implementation of the Housing Element's key objective. which is 10 accommodate the development of housing 10 fulfill City's obligation lo meet regional housing demands.

Specifically, the Amendment will allow increased height limitations for certain properties within H0-4 lo accommodate residential developments within the Intended prescribed density range while furthering the longstanding vision for development in Newport Center, as noted in General Plan Land Use Element Policy 6.14.4 (Development Scale).

Increased heights will accommodate density on smaller sites and/or fewer sites and will inc,ease walkability for residents and activate the urban core of Newport Center to create a true mixed-use community while decreasing development footprints and encouraging increased open space and views through developments.

3. The Amendment will also allocate a portion of lhe development limits in HD-1 and H0- 4 to City•owned sites where there is a potential for redevelopment with housing projects within the Housing Element's planning period.

Title 21 (Local Coastal Program Implementation Plan) Amendment An amendment to TIiie 21 (Local Coastal Program Implementation Plan) of the NBMC is a legislative act. Neither Title 21 ttself nor Cal~omia Govemmenl Code Section 65000 el seq., sets forth any required findings for approval of such amendments.

Findings and Facts in Support of Finding:

1. The Housing Element includes Section 4 (Housing Plan), whk:h sets forth programs and strategtes to facilitate and encourage the devek)pment of the City's obligation to meet regional housing demand. Appendix B of the Housing Element is the Sites Analysis and identifies several sites to be rezoned to allow for potential redevelopment with housing projects. A number of these sites are within the Coastal Zone. As Title 20 has been amended to add the new HO Overlay Zones with associated development standards, similarly, the amendment to Local Coastal Program Implementation Plan lo add the new Overlay Coastal Zones for properties within the Coastal Zone has been prepared and submitted to the California Coastal Commission for consideration.

2. The Amendment specific lo Tttle 21 (Local Coastal Program Implementation Plan) or the NBMC, attached hereto as Exhibit ·c; and incorporated herein by reference, will c,eate consistency In implementation between Tittes 20 and 21 of the NBMC and will help lo fulfill the Housing Plan. as the proposed Amendment will lacililale the development of housing consistent with the Housing Element.
12-143
SECTION 4. DECISION.

NOW, THEREFORE, BE IT RESOLVED:

Planning Commission Resolution No. PC2025-004
Pa e5of 13

1. In acoordance with Section 21166 of the Califomla Publie Resources Code and Section 15162 of the of the CEOA Guidelines, no additional environmental review is required as the Amendment does not constitute substantial change-s to the circumstances under which the project woukf be undertaken that woukl result in new or more severe environmental I mpacts than previousty addressed In the EIR. nor has any new information regarding the potential for new or more severe significant environmental Impacts been identified as detailed in lhe CEQA Consistency Memorandum. which is attached hereto as Exhibit • A."

2. The Planning Commission hereby recommends to the City Council approval of lhe Amendment to Title 20 (Planning and Zoning) and Tille 21 (Local Coastal Program Implementation Plan) of NBMC as part of lhe oonsideration of lhe adopted 6"' Cycle Housing Element implementation programs. as oontained in Exhi>its "B" and ·c: and identified as PA2024-0205. and with inclusion of Housing Element S~e ID Nos. 146 and 147 ~ha maximum height Nmit of 50 feet (flat) and 55 feet (sloped) and S~e ID No. 141 with a maximum height limit of 48 feet.

PASSED, APPROVED, AND ADOPTED THIS 23•• DAY OF JANUARY, 2025.

AYES: EDmore. Harris. Lowrey. Rosene. and Salene
NOES: None
ABSENT: None
RECUSED: Langford
BY: VY\ ·--,M-=-a-rk:-=Rc-os_e_n_e_. -=c""h-•• ,..,---
BY: Q...;,l $.Luu. ·-~-~--~----David Salene. Secretary
12-144
Ooousign Envetoc>O 10 2f.A02SFr.02F14'900-857E-Of'E¢9AD2E• 10 Planning Convnission Resolution No. PC2025-004
Pa e6of13
Attachments: Exhibit A - CEQA Consistency Memorandum
Exhibit B - Amendmenl to Chapter 20.28 (Overlay Zoning Distrlcls (MHP, PM, B. and H)) of Title 20 (Planning And Zoning)
Exhibh C - Amendmenl to Pending Chapter 21.28 (Overlay Coastal Zoning Districts (MHP, PM. B, C, H, and HO)) of TIiie 21 (Local Coastal Program Implementation Plan)
12-145
Ooo.,tlgtl ~ 10, 2fAOi5FF-o2F7-4;oD-867E·DfEC9AD2E• 10
Ory cC Hewpor1 8c.teh Gtnmil Pl•n Hoinlrc l "°"!e-me~.atfon P1oe,•m COf\kl ttncy ANly$1$
City of Newport Beach General Plan Housing Implementation Program Consistency Ana lysis
The purpose of this memo Is to provide the City of Newpor1 Beach {City) with lnform&tion tosubstan,late that the proposed changes to the City of Newport 8each Gener111I Plan Housing 1mplementatlon Program (approved ProJect) are within the $<:Ope of 1he ce,.un~ City of Newport 8each General Plan Housing lmi>'ementatio n Prog,am Final Environment-al Impact Report (Fln11 EIR; Sta1e C&earlnghouse Number 2023060699). The proposed changes would increa.se the mexi.mum building heishts on specified hous.tng sltes In the Newport Center Housing Opportunity (HO} Overtav Zonlna Dlstr1et, as set fotth In Chap1er

20.28 and pending Chapter 2L28 (Housing Opportunity (HO) Overl,v Zoning Districts) of City of Newpon Municipal Code (Municipal Code), hereinafter referred 10 M *proposed Project." State Galifornia Environmental Quality Act (CEQA} Guidelines (TrUe 14, Californ1a Code of Regul.ations (CCR) U15000e t seq.I State CEQAGuidelines Sections lS 162 and 15164 provide guidance regarding when additional environmental review 1s required. The following disrusslon identifies theapplkable subsections of State CE.QA Guide.lines 5e:ctions 15162 and 15164 and provides justification for the City to make a deletminatiOn that subsequent review pursuant to aQA is not required for the proposed Project, based on thf' environmt ntal analv.sis provided in the Final EIR and this consist.ency analysis.

State CEQA GuldeUnes Seetion lSlG?- Subse<iuent El Rs and Nec-ative oe,1arat1ons (a) When an EIR ha.s been certified o r a negative dedarcnion adopted for a pl'o)e,t, no sub$equenl EIR shall be prepared ror that project vnlt-Ss the lead aaency determines, on the basts of sub.st ant lat evidence In light of the whole record. one or more of the: following:
flj Substantial changes are Pfoposed In the project W'hkh wUI reqvlre major revisions of the previous EIR Of negative dedaration due to the Involvement of new significant envlton mentat effects or a substantial increase in the severity o f prevrouslv identified slgnlfkant effects.

As documented in the consistency analysis, no new or substantially more severe significant environmental effects bey0nd wh.at was evaluated In the Flnal EIR wou ld occur that would require substantive rt'VisiOns to the Flnal EIR. The propcsed Project would not ~suit in substantially increased Impacts beyond what was evaluated In the Final EIR.
(2) Substantial changes oocur with respect to the circumstances under whic-h the project is undertaken whkh wm require major revisions of the P<evious EIR or negative dedatcittOn due to the 1nvolvemeni of new signlrtcant environmenta l effeC'ls or a substantial lnetease In the severity of previous.Iv ident1fted slgnmcant effects..

As documeflted 1n the consistency analysis, there have been no changes In clrc:umstances under which the proposed Projec1 is being uOOenaken compared to the Fina! EIR. The proposed Project would be implemented within the same study areas evJluaied 1n the Final EIR. The ptoposed Project wou ld not result in new s1gntficant environmental effects or a sub$tantlal Increase in the severity of previously identified significant effect, as compared to those prevlously Identified In the F1nal EUL (3) New information of subsu ntlal importance, which Wi:S not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certined as complete or the negative decJaration was adopted, shows any of the follow ing:

J
12-146
~ ~ 10 2FA025fF..W7-4900-8S7E-OFEC9AD2E410
City ol H-pott Be,eh Gen,tHI Pbn Ho.nmc ~lfflllt'nta1lon "°l;r•m Consist t l'CV Al\lllr$is
(A) The P<O)ect wilt have one or more sif3:ntflcan1 environmental effec;ts not d1scu»ed In the previous E1Ft or negatfve declaratlon:
(8) Significant effects previously examined wm be substanllaily more severe than shown in the previous EIR;
No new Information of substantRII ;mport-ance, which was not known at the Ume the final EIR was ctrtified is now available or shows that the proposed Protfct will result In a new o, more sienir.t1nt environmental efft-n. As dowmented in the con.sisttncv analysis, tht- p,evloutlv ex~mined sie11incant effects would not be subst-antia1Jy more severe than -Shown in the Final EIR as a ,esult of the proposed P,ojttt. The final EIR's findings are applicable to tht: proposed Project. (C) Mrtig1tion tneasures o, ahernati'vts p,evlouslv found not to be feasible would In fact be fe.-sible, and would substantialty reduce one or mort slgnlflc-ant efftcuof the p1ojea, but the project p,oponen 1s dechne to adopt the Mitigation measure oraltemetlve ; or (0) Mjtigatlon measures or alternative.s which are considerably different from tho.se anal'(led In the previous EIR would substantially reduce on~ or more slgnlflc.an1 effect.son the envl1onmen1, but the project proponents dedll\e to ildopt the mitigation measure or aJtematlve.

No mitigation measures in the Final EIR were found infeasible, as documented in the consistency analvsis.

All final EIR mitigation measures would al.so apply to the proposed Project and are provkted in Attachment A: Mltftatio n Monitorin.s and Reporting Proaram, A$ documented in the consistency analysis In thls document, the proposed Project would not result In any new significant environmental efftcts that are substantliUy dlffe,eni from those Identified 1n 1he Anal Ell\ nor would it substantially Int.tease the severity of significant effects prevHlosly identified In the Final EIR.

Therefore, a consistency analysis to the final £lR is the appropriate documentation for the propos.ed Project to supplement lhe final EIR. The City will consider this consistency analysis wtth the Final ElR p(ior to making a decision on the proposed Projea.

Background
The final EIR was previously prepared to evaluate the potential environmental impacts of the implementing actions ass.oclated with the City's ~ Cyde Housing Element for 2021·2029 (2021•2029 Housing Element). The Housing Element is one of the state•mandated Gene<al Plan elements and must be updated ~ryeight years to address exisling and projected hoosing needs across all segments of the community. The Oty Council adopted the 2021· 2029 Housln:g Element on September 13, 2022. The State of Califomia Department of Housing and Community Development (HCO) subsequenttv found lhe 2021· 2029 Housing Element to be ln compliance with State housing law (i.e., certtfied) on October 5. 2022. The Regionaf Housing Needs Assessment {RHNA} is a State housing law requirement that is part of the periodic updating of local General Plan Housing Elements. It ts a process that determines the existing and projected housing needs (i.e., RHNA allocalion) for all Jurisdiction$ {cities and unincorporated county areas) to provide opportunities for a mix of unh types, tenure, and affordability . Each jurisdkllon mus1 demonstrate that Its Housing Element can accommodate its RHNA aUocatlon at all Income levels. The City's 6-a Cycle RHNA allocation Is 4,845 housing units, including 1,4S6 Very•Low-1.ncome and 930 Low-Income units. '
12-147
Ooo.l5!g!l El'Milope It>' 2FNJ2SFF--02f1.c000-8&7£.0F"E(:~10 OIY ol Newpon ae,.i, Gft'l"Pl•n Hou$ini llt'lpf,fn,tn,:,1110"Procr•m Comntt'ncy A.-i•1v1"i,
In addrtiOn to lht 6"' Cycle RHNA aJlocatk>n, the Anal EIR anaJvsis accounted for additional housing units ,1s a buffer to address future "'no net &oss"' to preclude the need to ktentify replacemenl sites during~ Cycle 1mpletnentation.1 Therefore, the Flnal EIR c:onservativttv analyte-d a tot.11 devtlopment c-.a~citv of 9,914 units, tncluding future residential development capacity of up to 9,649 units (4,845 RHNA plus a S,069-unh buffer) on 247 housin& sit~s, 2S units of pipeline projects, and 240 8(:Ctss<lry dwelling units.

Howeve,, onty a portion of the hou.slng: units Identified on the housing silts afe nttessarv to accommodate the Crty's RHNA planning oblig1tion of 4,845 housing units, The City is not required to bu,ld houstng units to meet its RHNA atlocatlon; It Is ontv required 10 Identify potential sites and create the framework to 1Uow 1he market the oppoctunltyto develop these units. The 2021-2029 Housing Element does not dltecttv construct new housil\g bot fa(llhetes the development of housing units by adopting lmpleme<itlng actions..

The 2021·2029 Housing Element identifies six focus Areas in the Citv with sufficient capacity to meet its RHNA allocation for the 6•Cvcle. The sbc Focus Areas In the 2021·2029 Housing Element are:
• Airport Area • Newport Center
• Wtst NtwpOrt Mesa • Coyote uJnyon
• Oover-Westcliff • 8aMlt\g Ranc:h
As part of the approved Project, amendments to the General Plan Land Us.e Element's goals and policies were adopted, indudlng modifications to exlstl:ng land use goals and polkles, as weU as the addition of new pollcits that further the implementation of the 2021-2029 Housing E6ement. Amendments were also adopted to the City's local Coastal Program Coastal land Use Plan, Including modifications to existing pohcits. and additions of new pollcles. To facilit ate future housing development within the six identified Focus Areu, five cortesponding MHousing Overlay Zones'" were proposed and adopted to Increase the maximum allowable densitv for future housing projt'ctS on identified housing sites within each Focus Area.

A Housing Overlay Zone was not proposed for Banning Ranch. A sixth Housing Overiav Zone applies to the 5111 eve:~ Houstng Element for 2014-2021 housing sites, In addition to the Housing Overlay Zones, the Municipal C.Ode was amended to add Multi•Unit Objective Des~ Standards and Zoning Maps were amended to idt?ntify the Housing Overlav Zoning Districts.

The Citv of Newport Beach General PIM Housing Implementation Progtam was 1wroved, and the Final EIR wis certifted on July 23, 2024. Approval of the City of Newport Buch Gener1I Plan Houslna 1mp&ementation Ptogram lnduded the followms dl$Cretlonary actions:
• Certific~tion of the City of Newport Bea-ch General Plan Housing Implementation Program Final Prograim Environmental Impact Report. (Resolution No. 2024--50► • General Pl.an Amendment. Amend the General Plan lan-d use Element to 1-ne:lude changes togo,ls ,oo pollcles consistent with the -adopted and cettifled 202:1•2029 Housing Element, (Resolution Ho. 2024·51)
• Municipal Code Amendment. (1) Amend Newport Beach Municipal Code Chaple, 20.28, Overlay Zoning Districts, to indude Section 20,28.0SO: Housing Opportunity (HO) Over1ay Zoning Districts.

I St•~ houW11 l1t\'n(~\II~ Ulei ,nd countit'S loidenbfv ltHNAoblig,tloM b,-ln«,mt(oltfl'O'Y. Afut\lre l'lou~n, ,s:,l)lc.ttlC b not reoulre'1 to mete •ff0td1bility pis. Tht Oty b otili11ttd to MWft thHe 1, none, IOH w~ oro,ens 1,e de11e~d Ml'I lh•t tlMere are •dCQ\lale oppot1uni11•s fo, the City to mNt Its RttNA obllptioti'- If tbore k • net k>u. ttw City h,n U:O d""' to o,OYide tttc>ninc lhtt .cuimmod.litn the net loss. Thcoreto,e, Newport 8e«h lndude-d • bulfer to ,IIOid th.tn~ to,s .Ktmtrlo . !
12-148
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12-149
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Op~a,rtljjin ''\i {HO'-ti Ov r t and Zam 118, D s rkt lO ldent "fy a cem1n number of 1.1-n 5 be-Ins: " I Oeil!te,d from t peel v • d reu group Df □ -owned i:wopert 5-
12-150
La d IJ,se a d Plann1 • l!
pr,rw di P, □_ Jttt ,umm.a1". The Final EIR: concluded' hat ·tihere wo lcll a 55. than -s n flca11t mpac t tCom;em lilglillnd me l,;lnd pf.annang. Th "ppro'led P,ro~ _ 1,.1ld riot J"e$1.l n he d J:5.ir;m ofan established c.om1111.m l.y ibecau$e hou:s.lng s.ltes aie lD1;at,edl , roughol\Jt th ra he.r- t hin n -slngte concen1ramed a e , Th appr'o!iedl IPra l!t aid not propme any major roadways tnait oold ltravers.1!! an ,e l~Un& c,Oml'rllinity or ne~ll! omood. The pprove d P ojec: did not pro pose any dta nges 'to he e.ici:s .ing ~n ral I Ian land m: itamegori~ tha-t go¥erif1 land USE!S Jlhin Lhe• City, indud'ing the five· and use des]gnations rd, t !iolely accommo illt:e resfdent "a'I developme No changes were !Pn::IJJDSE!d ro · he desfgn:tlions ' d nsit· h0ius ng types. The iap~d ,Proj ect did propme amendments io the Ge eral Plan Land IE,I nt' pails, ·n pol" - !;, 0 !hi -,. ,iJlpon _ P?l"C!'lat; a lies~ l hc!J1Hig,ni iC1 m, Imp ct 001111::eml 8 oonfl.cU • unicip I Code plans an-ti sl,a ndard:s. adopted for t he purpos!;! of a~oidi ot mitigating n nt I ,ef eci: auld occur . The ap ro1Jed ProJect a$ fu u11d to be consiste nt wit h pp11c b e; 11!->:is'tin liKI propose,d Gtnt!'r: i Pian g,o.sRs. al\d pol"c:ies and the LDCal C.aastal Pr0jr.im 1$ uis.tl and r'(ll)M d pol i s.
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11111
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_ ,jiKllrt 1C'.t!! n, Is and Deve-fopme111t Sc..ale. R • - rt Gl!in nttaLin the l!lJ e:ateslt buih1ing m
g S J 1 !Road, w re the natu r.r I topog
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followi- ,c:o ital l.8nd Us P n po i01 :
!IJ • l .:Z • I • p ment , uil . an siti ng esula oris. ·to ptot oo tal ii sou iii th rough • . • c1 oor rie:a, kit coo l"c!J~. bl!l'ilding bulk. .aunt! ,ot , pro~rt o n'l@lnt s.u,i'ldards ,o-f l .zo nin - Codi! inte d'edl to conm 01 bu r.ding hei~ht Po1 2.1-1. Continue to maill'llta n approp e 5e bil,tks ar:u:11 denS1lV, fl i:>1Jr area, and height ~imits rones· de,rntlald~elop1111en to pro tect the CJh.r~cte af estillb1rs.tu.:!d hbo rhaods; and o _prolec c-0•'6'tal cc~ aradl coasta l reYJmces .
., IP,olic.y 4.4.2.~Z. Co.1'1 111u
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12-151
The prcpase<i ProJeawo\lld be con5,lsten,t with orotherwl~ewo1,1ld not ,onfllltl with the Identif ied General P-lan goals. and pallcle5, Ther,erore, tlJ.e pro~~ Pro,ject would not conlflct wl,h ainy land use plan, policy, or regulallon adopced ta mitigate an environmental effect The findings orthe Final EIR would , lherelore , appfv to the proposed Project.

Cionc.lu:sio11. Acrto"d1nglv. no new or subs-r:.intiallv more severe ~itnifkant environmental effects concern111e: liu1d use and planning ould occur bcvond wh~t was l!tt.alv-arte-d Ind~ F•MI flR. Addillol"l■ lty , na '1ew nf'orm8tlcn of s111b!.t.mtilll imporlilnce U'IJtt w,u 001. -.:no•iifn and tould not have been known t I he lime the fin-ii EIR wasnrt1fi.ed k ai,r~i!iible t1'1.at would chang~ lht prior finding ofll'.!:ss than s,i.,gn1f1tant. The fi4'al E:IR's findings apply 10 lhf- proposed Pro~ct .

No1se
Aippr0,v.ed 1Pr0Je-ct S.ummary. The Final EIR toncluded lliat wtU, lmple-m nt~tl-on of MM NOl-1. potential traffic noise Impacts would rema n sigmmca111t and uNVOw.iabre. 1mp?..ct-s co,:ice-mlng conslruttlon 11e>15e, operational staUona,v noli5-e, i!nd 1i1lbratlon would be I~ ttt;in ilenlflcc1n1 0111 a project-specific a,nd cumula11t1e ba$1s. lmplemenlR,tlon of MM NOl-1 and c-ompll~u•ce wit~ MunM:lpill CodeS«tlon 20.lO.OSOtFl would 91$,Q r~duoe lmpi!rn c,o~c.emlng hou:5,lng deveJopment n~r John Wi!Yf'le ,l\lrport to a less than s,lgnihcant level.

Prieposed Pl'iCjl!d, The proposed Proj,ect wo,ufd incl"e'.i-s! the mai<imum altowat>ie height on sp~c,bed housing situ but woord nol inc:rea!.ll!the r~'.Sid~ntiitll dev1?lopm1m't c.:1pacires of arwhous in8,Sites or c-tiane,~ their d~,•!lopmtmt areas, as anuml!d ro, the i1pproYed Project. The propo$ed Project wou1d nol int~l'l~ify ttitm:ruttl.ao i1t1.i'Jttif!'~, int::rea.se t~ffic volumts., or use Qf statienarv mechanical equ pmenl b VGnd tl'u!­ l~vels ~valuated In tht!i FiMI EIR. M III nl!SUlt, proji!'c-t••(Ntl al'ld ct1mulativt!J noLSe level Impacts of lh~ propos d PtoJett wouJd bt the s.a m~ sunder tho app1~d Ptojl:!:ct, th~ sam~ m itigauon. m~u, :s would a:p~v. and no n~w mlliBalion m~asure-s a~ ir,rqu·red
Cot1cl1.1:s:ion,.. Aci:orclinsty, no n w or s-11b:sm nllally mo~ se,,e,r~ sagnifie:1un nviroorr, nt I effects COl"lcern,ng oolse WOi!ld O«i!r l:le)'ond Whillt was ev;,luated l,t the Flr,al EIR, Add1C10HLIV, no new •nfo,m.a.hon of substantial im?ortan«' tt,,M win not ~nowr, .and cou•d not t, ve been ltnowCI i)l th~ tme tl'le Fln" I El~ wa5 cell'lified •~ vail.able lhat ~ouldd1-ain e lhe ip,1orrindlilg of liBs thao s n-ficant The Fin.al lEIR's fim:hngs ap.s,ly to the p.roi:,05,ed Project.

Population and Housl111g
Approved Project Summary. The Flnal EIR fourndl that the apprcwed Prajet;I. wou ld have less than signiflca10 lmpects on populallon and housing as. it would not ,resul1 in subnantial unplanned population grnwth and would not db.pl.ic.e people or hQusJf'!g. Addillonalf\i , ti-le appr,oyed 1 Project did not lndudi! the
extension or road.s or other Infrastructure lo unserved' areas, wh ch could ndui:e lndlrect sn:iwth . The fina l Em conclude<II \hilt t~ a ppr~ Project wou lcl l'JQ1 •nduce sub5,tanual unplanned growth but would' a(CQmmodate prolected growth in the regfon. The approved Pro ec.t wou'd be con:ilstent wlch State and mi;xii!l 1.a nd use pr-a n5, and would not dlsplate a sub1.toil ntlal n l!lml:Je;r of hous lng unltr; re,,guirtng rep ta cement.

Pr,apcsed Project. The proposed Project woutd incre-;ise the maximum allow.illle height an specified housing sites but would: not Increase the resjd'enUa I d'evelopment ca pa cities a( any hou$lng sites or change 'tMiT development areas, as assumed for the appro•;ed Projed. Therefore, because the proposed Project would not rMutt in addlli onctl rt:".s.idential unit~ or nan-residential squar~ foot~e that woukl lnaease lhe onsrte population compared ta the apprO'lle-d Projecc, like 'the approved Project, the proposed Project would nave less than s~nlfic.ant impacts on population and housing. 12-152
li~<.,PO,;;:, CITY OF NEWPORT BEACH
,[ ~ } ) PLANNING COMMISSION STAFF REPORT
' ,. -ii,,.o ~
Janua,y 23, 2025
Agenda Item No. 3
SUBJECT: Housing Opportunity (HO) Overlay Zoning and Coastal Zoning Districts Amendments (PA2024-0205)
• Title 20 (Planning and Zoning) Amendment
• Title 21 (Local Coastal Program Implementation Plan) Amendment SITE LOCATION: Airport Area Environs Alea (H0 -1) and Newport Center Area (H0-4) APPLICANT:

PLANNERS:

City of Newport Beach
Rosalinh Ung. Principal Planner
rung@oewpoctbeacbca,gox. 949-644-3208
Benjamin M. Zdeba, AICP. Planning Manager
Weba@newpoctbeacbca .aox. 949-644-3253

PROJECT SUMMARY
Amendments to Table 2-16 of Section 20.28.050 in Title 20 (Planning and Zoning) and pending Table 21.28-1 of Section 21.28.070 in Title 21 (Local Coastal Program Implementation Plan) of the Newport Beacll Municipal Code (NBMC) to adjust the height fimilations of certain properties within the Newport Center Area (H0-4) Subarea to accommodate potential residential development within the Intended prescribed density range, and to identify a number of units being allocated from the respective development fimits for a group of City-owned properties located within the Airport Area Environs Area (H0-1) and H0-4 Subareas. The corresponding Housing Opportunity Overlay District Maps in Section 20.80.025 and pending Section 21.80.032 would also be amended accordingly.

RECOMMENDATION
1) Conduct a public hearing :
2) Find that au potential environmental effects for the amendments have been adequately addressed in the previously certified Final Program Environmental Impact Report (EtR) identified by Slate Clearinghouse Number (SCH No.) 2023060699. and the City of Newport Beach intends to use said document for the approval of the amendments: and
3) Adopt Resolution No. PC2025-004 (Attachment No. PC 1 ), recommending City Council approve the amendments to the Housing Opportunity (HO) Overlay Zoning Districts (PA2024-0205).
12-153
'ousing110p.porrun (HO) Overlay Zoning ndl Coaslal ;on·ng Dislri s Amen m . Is (PA2Q2.1Ul205)
Planning Co. mi&&ion. Jam11a.ry 23. 202 5
P.ag .3
amend the City's Coasta1I Land Use Plan a nt!I iille 21 (local Cnastal Program Im • nta on Pran of • he • B C. TI, . LCPA WO 'Id • bl' Ur Housin I Opportu11ily (HO) Q\,!ler y Coaslaill Zoning Districts and their co.rrespo11dliri ·1 developmeni 1ndard . applle,iib to, propen · _ s localed within u,~ Coastal Zone of the· C'ity lo impt • ent lhe Housi g El m nt. Th • Gi iJii ·a I . uibmrtte r CPA ap lica o • 0'11 Allllg1.1st 16, 2-02:4-, anti mo t rece1n11 . ce\1ed i . nolke of c ·mplele ,ling on J. ·nu· riJ 7, 2025. LCPA will be sched11J1l!Bd rorr a OCC ;pu ~c hearing or ca ns.ideration.

On . ovember 119, 2(n4, the City Counal dopted !Resolution o. 4- •• , lni ia ir,g an amen.dment ·ro Semo · 20.28.050 in • 20 1111d -Uie penah,9 ro·mp ernentary' sedio ~n Tttl 21 of N'B C, ·!o revi . w a !1d make pOS6ib1 a.dfj ustm l'!ts ·to, cerbl In de~elopmen .

Ma dards, net din . lbut miat I mi d ·to build:i g ll • hl liml , peel d in Table 2-16 (Devetop nm S1and-.rds 'for Housing Op oi1tinily 01/ier -'i onesJ O'f Section 20 1 .28.050
[Hol!Jsing qpportuntty (KO) Overilay Zoning Distric s] . nd pending Table 21 .28m1 (D v !op Ill Standard for Housi !J Oppo rtur, i O rlay Ofl . of • he . BMC.

PROPOSED A . • • D-. ENTS.

Specifying Heighl UmiMllo ~s
• nta~ on ,of the, · O Ove rla,y Zofling Djs'lricis. C1ly s,m . • 11 s mel. \\rilh s tve developers, and has become apparent U1a· the heigh:l r its , sites wilhcn the H0-4, Su'b lf,ili! ~ r.mot ccammod e the intended Currently, Tab1e ·2-1 6 (Development Slandards For Housjn91 Oppo unity ,Over ay Zones or Sec· on .2tt2a . • •• • e • u, t hei · hbs 1o ,i hin '~hi Sub ~tmiled to thote in lftli!i u nderlying1 base • . G'r n lhe vanety of :zoni cts In H0--4. Ja •. um • • • ·~ ng g 00 feet .nd s cw as. 32 feet. !Due to the lower b se hei ,. hl s :o allo Mab , · • · • • ppropriate a · . • to
. residential develQ • • • , •
20 t-a . , • in • c
Aajustir, Ii .
further . t I
vis· on lfor devek1pme p
C nter, wh·ch Includes, tat
uild' gs a, ou :d lhe center
cntale rdownt • feel whl le
preserving o e conidlc:rrs.

Thf:s intention • d o,
photograph of d cu ou
model rrom i·is 1 • ~Ian ning
effoli1s prov . ed s Figure 2 abo,ve. lff er
. ore importa nU , the pro.posed ma:51Cll'.1 • Fro Q
12-154
Housing Opportunity (HO) Overtay Zoning and Coastal Zoning Districts Amendments (PA2024-0205)
Planning Commission, January 23, 2025

increases are also consistent with General Plan Land Use Element Policy 6.14.4 (Development Scale), excerpted below.

LU 6.14.4 Development Scale. Reinforce lhe original design concept lor Newport Center by concentrating the greatest building mass and height In the northeasterty section along San Joaquin Hills Road, where the natural topography is highest and progressively scaling down building mass and height to follow the lower elevations loward the southwesterly edge along East Coast Highway. (Imp 2.1. 3.1, 4.1) The benefits of increasing heights Include accommodating density on smaller sites and/or rewer sites. increasing walkability lor residenls and activating the urban core or Newport Center to create a true mixed-use community, and decreasing development footprints and encouraging Increased open space and views through developments.

City stall has prepared a series of three exhibits depicting: 1) existing height 11mits: 2) proposed height limits: and 3) existing height limits wkh proposed height limits overlaid.

Those exhibits are provkfed as Attachment No. PC 2 for reference and are intended to be reviewed together.

Table 1 below summarizes the locations and proposed specified heights for potential housing sites taking advantage of the HO Overlay Zoning Districts along with their existing allowed base heights.
11 should be emphasized !hat there are no changes proposed to lhe Newport Center Sight Plane. as established by Ordinance Nos. 1371, 1596. 83-27, and 91-97, which serves lo matntain residential views across the southeasterly quadrant of Newport Center 12-155
· ousi119 Oppo un rty (HO) Overlay Zen ing and Coastal Zonr Disbic s Amendmenl;s (PA20-24-020S,)
Plann ng Co - ss on, Ja lfJ'IJ 23, 2025
OUliltl"j
. rd, and
32 feet
!=-:age, 5
1(0,
110 feel
110 fa
1'so. re
270 f •
he proposed amendments would! also af •cate a oe i number of units from lhe develoµrnenl lrmrts o H0-1 afld H~ Subar s to a sm I group1 of Clty-o _ ned pr • rtles.

The Oily cqu ir d real prop Ill/ at 1201 Dove Slr ~ in 2023 wi h th I in Emrlion of pot n-·au . r v, lop n 1 ·n lhe uture • s the, w h C4uaner for- the e-r port Beacli r Po □ ce Deparmenl (N BPD : noweve . atrema • e ius.es ifor e site a re 1po:ss b e. or lhe 2,5 n -mli,t cf~velcpment lirni in H~ 11, a. o I ,of 1 79 uni ls (50 d ul c) wou Id be ltocaled o Site ID1 o., 7 11201, !Dov Sn el) 'Jrom 'the Hou ·n •. E • !Tien Sites rnvent:ory. Tiiis .• i,v.es the City 'flex1billty· on llie • nal use 'n tti - futur~. 866 and 870 S ·11!a Barbara C •• I e currre-nt loc o or· • o Be ·ch F re Slam on INlo. 3 . nd he IN BP D's, he -- quarters. Bolh s les arne Crty-comitrolled and have e po~e r t iD redeve □ prnenl wi h housing pro· ecis w· hin th • Housiri •. Element's. pranrn ng ~ r"oct Of th· 2,439-unl, a eropmenl mt ·n, 0-4 a D'la,1 of 1991 units (50 du/ c) Youd e located lo S !e ID No. 36:2 (868 and ,870 Santa B 1Tb ra Drih'1e from the Housing E Sires Inventory.
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Housing Opportunity (HO) Overlay Zoning and Coastal Zoning Districts Amendments (PA2024•0205)
Planning Commission. January 23. 2025

Title 20 (Planning and Zoning) Amendment
Table 2-16 of Se<:tlon 20.28.050 would be amended as Illustrated below:

TAB LE 2-16
DEVELOPMENT STANDARDS FORHOUSlNG OPPORTUNITY OVERLAY ZONES Housina Opportunitv Subareas
Develoomen t Feature H0-1 H0·2 H0•3 H0-4 H0-5 H0-6
Deveiopmenl Limit 2,577ilJJ 1.107 521 2,439'l'l 1,530 NIA (units)l'>
Height Per Base 65 fl. 65 ft ... , Per Base 65 fl. All
Zone zone Stanaards
unless unle$$ Pet Base
otherwise otherwise Zone
identified identified
on the on lhe
map map('>
{11) or the 2 sn base development UM& 179 units {SO dulac) §hall be a!loca!(!d to s11, 10 No, n 0201 Qgye; St,eet) from the 6th Cycle Hoysiog EJemE!fll Sites ln-ventory (12) Of jhe 2 439 base development units fof HQ-4 189 units {50 du/ac) shall be allocated to Site ID No 3§2 (868 aod 870 Sanla Barbara Onve) from the§• Cycle Housing Element $!'!es Inventory, Local Coastal Program Implementation Plan Amendment
For those properties located in lhe Coastal Zone, the proposed amendment to Table

21.28-1 and updated or added maps to Section 21.80.032 of Tille 21 would mirror proposed changes as proposed lo Table 2· 16 and Section 20.80.25 of the NBMC.

Environmental Review
All potential environmental effects for the amendments have been adequately addressed in the previously certified Final Program Environmental Impact Report (EIR) Identified by State Clearinghouse Number (SCH No.) 2023060699, and the City of Newport Beach Intends to use said document for the approval of the amendments . Copies of the previously prepared environmental document are available for public review and inspection at the Planning Division or at the City of Newport Beach website here: Housing lmQlementa!ion Program EIR {PA2022·0245l .

A consistency analysis was prepared by Kimfey.Horn & Associates, Inc. on January 9, 2025, and is attached as Exhibit "A" of Draft Resolution (Attachment No. PC 1). It was determined that the amendments are oonsistent with lhe Housing Element and within the scope of EIR. Under State CEQA Guidelines Sections 15162 and 15164, no additional envlronmental review is required.
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Housing Opportunity (HO) Overlay Zoning and Coastal Zoning Districts Amendments (PA2024-0205)
Planning Commission, January 23, 2025

Public Notice
Notice or this hearing was published in the Oaily Pilot in a one-eighth-page format at least 10 days before the scheduled meeting, consistent with Sec1ion 20.62.020(B)(2)(c) of Ille NBMC. Additionally, the item appeared on the agenda for this meeting, which was posted al City Hall and on the City website.

Prepared by: Submitted by:

Deputy C<>mmunlty Oevetopment Director

ATTACHME NTS
PC 1 Draft Resolution
PC 2 Draft Height Exhibits 1, 2, and 3
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RESOLUTION NO. PC2025--004

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY

OF NEWPORT BEACH , CALIFORNIA , RECOMMENDING THE

CITY COUNCIL APPROVE AN AMENDMENT TO SECTION

20.28.050 (HOUSING OPPORTUNITY (HO) OVERLAY ZONING
DISTRICTS) OF TITLE 20 (PLANN ING AND ZONING) AND
PENDING SECTION 21.28.070 [HOUS ING OPPORTUNITY (HO)
OVERLAY COASTAL ZONING DISTRICTS) IN TITLE 21 (LOCA L
COASTAL PROGRAM IMPL.EMENTATION PLAN) OF THE
NEWPORT BEACH MUNICIPAL CODE (PA2024--0205)

THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS:

SECTION 1. STATEMENT OF FACTS.

1. On September 24. 2024. lhe City Council adopted Ordinance Nos. 2024-16 and 2024•17, approving amendments to Tide 20 (Planning and Zoning) of the Newport Beach Municipal Code ("NBMC"), to establish the Housing Opportunity (HO) Overlay Zoning Districts in Section 20.28.050 (Housing Opportunity (HO) Overlay Zoning Districts) and to create mulli-tJnit objective design standards in Section 20.48.185 (Muttl-Unit Objective Design Standards). The new sections serve to implement Policy Actions 1A lhrough 1G and 3A in lhe General Plan 6., Cyde Housing Element ("Housing Element").

2. Section 20.28.050 of lhe NBMC allows for new housing opportunities wilhin five subareas to ensure lhe City can accommodate its 6"' Cycle Regional Housing Needs Assessment ('RHNA") allocation. These subareas correspond to lhe Focus Areas identilied in the Housing Element and are as follows: Airport Area Environs Area (H0-1), West Newport Mesa Area (H0-2), Dover-Westdiff tvea (H0-3). Newport Center Area (H0-4). and Coyote Canyon Area (H0-5). Properties identified within these subareas are eligible for specified development allowances conducive to residential development at lhe prescribed average density of 20 to 50 <!Welling units per acre. The standards include but are not limhed to minimum lot area, setbacks, height. open space. landscaping, and parking.

3. On July 23. 2024, lhe City Council adopted Resolullon No. 2024-52. aulhorizing submittal of lhe Local Coastal Program Amendment lo lhe California Coastal Commission to amend the City's Coastal Land Use Plan and Tltle 21 (Local Coastal Program Implementation Plan) of lhe NBMC lo establish lhe Housing Opportunity (HO) Overlay Coastal Zoning Districts and their corresponding developmenl standards applicable to properties localed ,vilhin the Coastal Zone to implement the Housing Element.

4. On November 19. 2024. the City Council adopted Resolution No. 2024-85. Initiating an amendment to Seclion 20.28.050 of the NBMC and the pending complementary amendments in Title 21 of the NBMC, to review and make possible adjustments to certain development standards. including but not limited 10 building height limits specified in Table 2-1 6 (Development Standards for Housing Opportunity Ove~ay Zones) of Seciion 12-159
Planning Commission Resolution No. PC2025-004
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20.28.050 (Housing Opportunity (HO) Ovel1ay Zoning Districts) and pending Table 21.28- 1 (Development Standards for Housing Opportunity Overlay Zones} of the NBMC.

5. All amendment to Table 2-16 of Section 20.28.050 and pending Table 21.28-1 or the NBMC Is necessary to adjust the height limilalions of certa.in properties within the H0-4 subarea lo accommodate potential residential development with the intended prescribed density range, and to identify a certain number or units being allocated from the respective development limits for a selected group of City-owned properties located within H0-1 and H0-4 subareas. The corresponding Housing Opportunity Overtay District Maps in Section

20.80.025 and pending Section 21.80.035 would also be amended accordingly ("Amendment,.

6. A public hearing was held on January 23, 2025, in the Council Chambers at 100 Civic Center Drive, Newport Beach, Calttomia. A notice of time. place and purpose of the pubfic hearing was given in accordance with Calttomia Government Code Sectioo 54950 el seq. ("Ralph M. Brown Act"} and Chapters 20.62 (Public Hearings} and 21.62 (Public Hearings} or the NBMC, Evidence. both written and oral, wa.s presented to, and consideted by, the Planning Commission at this public hearing.

SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.

1. Pursuant lo the California Environmental Quality Act ("CEQA"} as set forth in California Public Resources Code Section 21000 et seq, and Its implementing guidelines set forth in Calttomia Code of Regulations. TiUe 14, Division 6, Chapter 3 ("CEQA Guidelines"). the City Council adopted Resolution No. 2024-50 on July 23. 2024, certifying Final Program Environmental Impact Report SCH No. 2023060699 ("PEIR"}, approving a Mltigation Monitoring and Reporting Program ("MMRP"), and adopting Findings and a Statement of Overriding Considerations related to the implementation of the Housing Element Involving amendments to the General Plan, Coastal Land Use Plan, and Titie 20 (Planning and Zoning} and TIiie 21 (Local Coastal Program Implementation Plan} of the NBMC which are available at: Housing Implementation Program EIR.

2. Pursuant to Section 21166 of the California Public Resources Code and Section 15162 of the CEQA Guidelines, when an environmental impact report ("EIR") is adopted for a project, no subsequent EIR ls required unless the lead agency detennines , on the basis of substantial evidence in the light of the whole record, one or more of the following:
a. Substanllal changes are proposed in the project which will require major revisions of the previous EIR due to the invo1vement of new significant environmental effects or a substantial increase In the severity or previously identified significant effects; b. Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions or the previous EIR due to the involvement of new significant envimnmentat effects or a substantial increase in the severity of previously identified significant effects; or 12-160
Planning Commission Resolution No. PCZ025-004
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c. New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the EIR was adopted as complete, shows any of the following:

I, The project will have one or more significant effects not discussed in the previous negative declaration;
Ii. Significant effects previously examined will be substantially more severe than shown in the adopted negative declaration;
iii. Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more signfficant effects of lhe project. but lhe project proponents decline to adopt the mitigation measures or alternatives: or
iv. Mitigation measures or alternatives which are considerably different from !hose anatyzed in the previous negative declaration would substantially reduce one or more significant effects on the envfronment. but the project proponents decline 10 adopt the mitigation measures or alternatives.

3. The Amendment. which include adjustment to the height limitations of certain properties within lhe H0-4 Subarea to accommodate potential residential development with the Intended prescribed density range, and to identify lhe number of units being allocated from the residential development limits for certain City•owned properties within H0• 1 and HQ..4 Subareas, does not constitute substantial changes to the circumstances under which the projecl would be undet1aken !hat would result in new or more severe environmental impacts than previously addressed in the EIR. nor has any new Information regarding the potential for new or more severe sjgnificant environmental Impacts been identified as detailed in lhe CEQA Consistency Memorandum, which Is attached hereto as Exhiblt "A" and incorporated by reference. Therefore, in accordance wilh Seclion 21166 of the California Public Resources Code and Section 15162 of lhe CEQA Guidelines, no additional environmental review is required to adopt lhe Amendments.

SECTION 3. FINDINGS.

Title 20 (Planning and Zoning) Amendment
An amendment to Tide 20 (Planning and Zoning) of Iha NBMC is a legislative act. Neither nue 20 itself nor Catifornia Government Code Section 65000 el seq .. sets for1h any required findings for approval of such amendments . However, Section 20.66.040 (Commission Recommendation) of the NBMC requires the Planning Commission to make and file a report of its findings and recommendations with the Council.
12-161
Findings and Facts in Support of Finding:

Planning Commission Resolution No. PC2025-004
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1. TIUe 20 of the NSMC serves as the City's Zoning Code, which is a toot to ensure consistency with and implementation of the General Plan. It is necessary to amend and update nue 20 from time to time to ensure the policies set fonh by the General Plan are being Implemented effectively,

2. The Amendment specific to TIiie 20 (Planning and Zoning) of the NBMC, which is attached hereto as Exhibit ·a· and incorporated herein by reference will funher enable the implementation of the Housing Element's key objective, which is to accommodate the development of housing to fulfill City's obligation to meet regional housing demands.

Specifically, the Amendment will allow Increased height limitations for cer1ain properties within H0~4 to accommodate residential developments within the intended prescribed density range while funhering the longstanding vision for development in Newport Center, as noted In General Plan Land Use Element Policy 6.14.4 (Development Scale).

Increased heights will accommodate density on smaller sites and/or fewer sites and will increase wafkability for residents and activate the urban core of Newport Center to c,eate a true mixed-use community while deeteaslng development footprints and encouraging increased open space and views through developments.

3. The Amendment will also allocate a portion of the development limits in H0-1 and H0- 4 to City-owned sites where there is a potential for redevelopment with housing projects within the Housing Element's planning period.

Title 21 (Local Coastal Program Implementation Plan) Amendment An amendmenl to TIiie 21 (Local Coastal Program Implementation Plan) of the NBMC is a legislative act. Neither TIiie 21 itself nor California Government Code Section 65000 et seq .. sets forth any required findings for approval of such amendments.

Findings and Facts in Suppon. or Finding:

1. The Housing Element includes Section 4 (Housing Plan), which sets forth programs and strategies to facilitate and encourage the development or the City's obligation to meet regional housing demand. Appendix 8 of the Housing Element is the Sites Analysis and idenlifies several sites to be rezoned to allow for potential redevelopment with housing proiects. A number of these sites are wilhin the Coastal Zone. As Title 20 has been amended to add the new HO Over1ay Zones with associated development standards, similarly, the amendment to Local Coastal Program Implementation Plan to add the new Overlay Coastal Zones for properties wilhin the Coastal Zone has been prepared and submitted to the California Coastal Commission for consideration.

2. The Amendment specific to Title 21 (Local Coastal Program Implementation Plan) of the NBMC, attached hereto as Exhibit ~c." and incorporated herein by reference, will create consistency in Implementation between TIUes 20 and 21 of the NBMC and will help to fulfill lhe Housing Plan, as the proposed Amendmenl will facilitate the development of housing consistent with the Housing Element.
12-162
SECTION 4. DECISION.

Planning Commission Resolution No. PC2025-004
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NOW, THEREFORE, BE IT RESOLVED:

1. In acoordance with Section 21166 of the California Public Resources Code and Section 15162 of lhe of the CEOA Guidelines. no additional environmental review is required as the Amendment does not constitute substantial changes to the circumstances under which the project would be undertaken !hat would result In new or more severe environmental Impacts than previously addressed in the EIR, nor has any new information regarding the potential for new or more severe significant environmental impacts been identified as detailed In lhe CEOA Consistency Memorandum, which is attached hereto as Exhibtt "A."

2. The Planning Commission hereby recommends lo the City Council approval of lhe Amendment to Tille 20 (Planning and Zoning) and TIiie 21 (Local Coastal Program Implementation Plan) of NBMC as part of the oonsideralion of the adopted 6"' Cycle Housing Etement implementation programs, as contained in Exhibfts "8" and "C," and identified as PA2024-0205.

PASSED, APPROVED, AND ADOPTED THIS 23•• DAY OF JANUARY, 2025.

AYES:

NOES:

ABSENT:

BY: ·-~~~---==-=---Mar1< Rosene. Chair
BY: ·-=--,-,-=-=---==---­David Salena, Secretary
Attachments: Exhibit A -
Exhibit B-
Exhibit C-
01 1113
CEQA Consistency Memorandum
Amendment to Chapter 20.28 (Ove<Jay Zoning OiSlricts (MHP, PM.

B. and H)) of TIiie 20 (Planning And Zoning)
Amendment to Pending Chapter 21.28 (Overlay Coastal Zoning OislriCIS (MHP, PM, B, C, H, and HO)) of TiUe 21 (Local Coastal Program Implementation Plan)
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Planning Commission Resolution No. PC2025-004
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EXHIBIT "A''

CEOA CONSISTENCY MEMORANDUM
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Plan lng Comm isslon Resolutfori • .• o,. PC2O25 004
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Planning Commission Resolution No. PC2025-004
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EXHIBIT " B"
AMENDMENT TO CHAPTER 20.28 (OVERLAY ZONING DISTRICTS (MHP, PM, B, H)) OF TITLE 20 (PLANNING ANO ZONING)
Table 2-16 of Section 20.28.50 (Housing Opportunity (HO) Ove~ay Zoning Districts) ol Chapter

20.28 of the Newport Beach Municipal Code would be amended as lollows, currenlly shown in redline-strikeout lonnat lor ease ol reference only:

TABLE 2-16
DEVELOPMENT STANDARDS FOR HOUSING OPPORTUNllY OVERLAY ZONES HoutJnf Opportunity Sub.areH
Dovotopmont Ftfl1uro H0•1 HO-? H0-3 HO_. H0-5 H0 -6
Devolopment Llmil 2,s771111 1.107 521 2,4,391\11 1,530 N/A (units)1"
LOt Sile/Dlmen.s~ Pct 8&so zono
Lot atn required per Minimum: 2.178(20 Minimum: Minimum: AU unit (SQ. rt,}121 du/&< ) 2,178 (20 duhl¢) 2. 178(20 S1andards Mexlmum : 871 (SOdUl&C) Maxtmum: du/ac) Per8ase
811 (50 du.lac} Maximum: Zone
nsteo
du/ac,'"
5etbo'1¢k$
f<Ont Ott."' 10 ft,111 10 on• 10tt.P1
n.~.,
.... 0 20ft. 20tt. 0 20ft,
Side O'"
StteetS1de
""'
10 tt.(a 10ft.!ll Ott.m 10ft.lJI
Height Per Base zone unte$$ 85ft . 6Sft,l'I ~rso.se 65 fl. 01herwtse fdentit,ed on Zoo,
the map
-otttet'WJ se
ldeoli11ed
on.Jlle
mao<"'
BuitdingSep.aratlon 10ft.

AOOI Atoa Ratio (FAR) No restrK;tion•
Common Open~ Minimum 75 square feeVClwetl#lg unit, (The minimum dimension (leogth and wicll.h) Sl'l.ltlbt 15 fctl.)
Private Open Space"' 596 o! the gross lloor area for oach u.nit, (The minimum dimension (length Md widlh) $hlU be6fee1.)
OM7,2J
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Planning Commission Resolution No. PC2025-004
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TABLE 2-16

DEVELOPMENT STANDARDS FOR HOUSING OPPORTUNITY OVERLAY ZONES Housl n1 Opport unity Su ba rH .a
Development fe,Bture H0 •1 I H0-2 I H0-3 I H0-4 I H0-5 H<>-6 Fencing see Se<:tion 20.3Q.04Q {Ftl\Ces. Hedg♦$. W$U$. el\CI Retaining W&Us), Ltnt';1$C891ng See Chapter 20,36 (Landscaping Standards), Uihting See Section Z0.30.0lO( Outdoor Ughtlngl,
Outdoor Storag9/Dlsp1ay See Sec:llon 2.0.48.140 (Outdoor Storage. Display, ~nd Ac1J'Ylties).

Parking Seo subsoe-tion fD)(3)0f this $CCllOr'I Ind Chap1~ 20 40 (Off..Sltoet Parting).

Satelllte Antennas See Section :Z0.46.190 (S:11e.mteA1uennas and Am,ueur R&diO F-&e:iltlits)- Signs Soc Cflaptcr 20,4.2 (5'gnSIMd&rdS).
( 1) Oevelopment limits are adcfltlOnal residential dEM!lopment opportunities beyond the base allowances In ltil$ Title 01 the Gener&! Plan, These Omits shall nol include density bOnus ur'lits o, units that are either identified as PU)etine units in the 61!1 Cycle Housing Element {Tat>,e B-2) or units tha1 were applied for and predate the effeclive date of the HO Ove11ay Zoning Olsulcts, Funhermore. el~ble units are only covn1ed against lhe develOr)ment lhi'lits v.tien they are ei'lher entilted or are in.ued a building permit if alJowed by righL However, 25% of the devekipment fimlt within each HO Ove,tay Zoning District that includes properties wi:hin the Coa,tal Zooe sNH be reserved until such a Orne as the Ci,y's LOC81 Coastal Program has b6en amended to allow for housing oonslstenl with the tmplemenlatlon of the 6th Cycle Housing Element. Following the Cify's Local Coastal Ptogram Amendment, priority for the resetved units w!JI be given lo sites located wi1htn the Coastal Zone.
(2) Minimum/maximum allO'Wab&e densky renge may be based on an average denstly of the entire project site, excluding density bonus units
(3) Any portion of the building that ts over 20 feel in height shaft be setback a minimum 20 feet from the street right-of-way.
(4) Except in lhe Mnted--t.Jse Mariners M~e (MU-MM) Zoning District wherein 1'9'Sidentlat uses are only allowed beginning 100 feet nOC'th of Coest Highway.
(5) The combined 1oia1 from both sides shal be 15 feet
(6) The hejgh1 shall be limited 10 35 fe-et in the Shoreline Heighl Limit Alea. as lden1ifled In M,p H·1 (7) •ee,e Zone" ine1udes all height !Imitations estab6shed by lhe Sight Plane Ofdlnance (Ordinance No. 1371 and Ordinance No. 1596).
(8) The FAR In 1his t&bte only appUes, to fffidential floor area, inCludlng any supporting faclllti&S. In mixod-· use devetoptnents, the FAR ror nonresidential Is still applicable. (9) For purposes of lhl:s secdon, common and private open s~ In H0• 1 m~ lnciude enclosed sh.are<! amenities such as a clubhouse, swimming pool, tennis oourt. basketball court, racquetball ooun, weigh~ing facility, children's playground equipment. s.aune, j&euuf, day cere facill!IY, °' eny O(her recreauooat amenitiHffaeilities as deemed appropriate by the Community o ...... 1opmen1 OireetOf. (10)This denS:.ty is intended for the former Covo1e Ce.nyon Landfill site only The Sage Hill School site Is limlted io a, maximum of 20 dwelling unit$.
(l 1 )Qt Jbe 2,SU basedeve;lpprneot units, 179 units 150 du/ac) shall be aWted to S1e to No 77 (1201 Dove SU:ttl) from the 6" Cycle HoY:SID9 Element S11es tnventorv (12)QC lbt 2,439 base ®YBfoDmAAt units ror H0::1, 199 uo1ts (50 dulac) stia• be a!'ocated to SlJe ID No 362 (868 and 870 Ssnta Barbara Drivel from the &-: Cvclt Housing Element S 1es lnyentQ!Y 12-167
Planning Commission Resolution No. PC2025-004
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The following map would be updated in Section 20.80.025 (Housing Opportunity Ovellay District maps) of Chapter 20.80 (Maps) of the NBMC and win be provided prior to City Council consideration:

H0-4 - Newport Cenler Area (PDF)
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Planning Commission Resolution No. PC2025 -004
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EXHIBIT "C"
AMENDMENT TO CHAPTER 21.28 (OVERLAY COASTAL ZONING DISTRICTS (MHP, PM, B, C, H, AND HO)) OF TITLE 21 (LOCA L COASTAL PROGRAM IMPLEMENTATION PLAN) Table 21.28-1 of Seciion 21.28.070 (Housing Opportunily (HO) Overtay Coaslal Zoning Districts) of Chapler 21.28 of Trtle 21 (Local Coaslal Program lmplem enlation Plan) of 1he of the Newport Beach Municipal Code would be amended as follows, currenUy shown in redline-slrikeout format for ease of reference only, and subject to Calaomia Coaslal Commissio n review and approval:

TABLE 21,28·1

DEVELOPMENT STANDARDS FOR HOUSING OPPORTUNITY OVERLAY ZONES Development Housing Onnort unitv Subareas
Feature H0,1 I H0-2 I H0-3 H0-4
LOt Per Base Zone
Size/Dimension
Lot area Minimum: Minimum:
,equlred per 2,178(20du/oc) 2,178 (20 du/ac)
un1t(sq. ft.)1 Ma)(lmum: Maximum:
871 (SO du/ac) 871 (SO du/ac)
Setbacks
Front 0 ft.O~ 10 fL~ IOft.- 0'°
Rear 0 20 fc 2ofc 0
Side O"'
StfN!:t Side (Y:O 10 fLffl 10ft.t21 0 "-'" Height Per Base Zone 65 re 65 fLCSI Per ease Zone41 otess gttu:D.\'.IS:e unless otherwise ldf:!'.l110f:d il!I mag ... .,
Identified on the
map
8ulldlng 10 ft.
seoaration
Floor Are• No restrlctfon 1r.1
Ra~o(FAR)
Common Open Minimum 7S square feet/dwelling unit. (The minimum dimension (length and width) Sn;icef"1 shall be 1 S feet.}
Private Open 5~ of the gross floor area for each unit. {The minimum dimension (length and width) Sn"ce sh.alt be 6 feet)
Fendnet see SectiOn 21.30.040 cFences. Hen°es. Wall$, and Retainln2 Wallst tandscaolnR See Section 21.30,0?S (LancJscaoin2.> and 21 .30.085 (Water Efficient tandscaolna'.), LiJ<h~n• See Section ,. •. .JU.0 '\I (Outdoor U2htinv1, Parkin~ see Subsection tOX2} btlow and Chaortr '- -.I" (Off•St,eet ParkinPl.

Sl•ns See Olaoter 2 'n Q• ,5 <Sl•n Standards~ . . (1} Mlnlmum/ma,umum allowable densny range may be based on an average densny of the enure project site, excluding density bonus units..
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Planning Commission Resolution No. PC2025-004
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(2) My portfon or the bulldlng that is ove< 20 feet In height shall be setback a minimum 20 feet from the street right-of.way,
(3) Except In the Mixed-Use Mariners Mlle (MU-MM) zo,,ing District wherein residential uses are only allowed begin.ning 100 foet north of Coast Highway.
{4) The combined total from both sides $hall be 15 feet. (5) The height Shall be limited to 35 feet in the Shoreline Height Limit Area, as kfentlfled ln Map H• 1, {G) The FAR In thfs Wble only applies to resklentlal floor area, lndudlng any supporting facilities. tn mbced•use devefopments, the F'AR for nonresldentJal Is still applicable, (7) F'or purposes or lhls section. common and p(ivate open space in H0-1 may include enclosed sh.ar@d amenities such as a c.Jubhouse. swimming pool, tMnis court, basketball court. ra<quetball court. w,cighthfnn.g facrnry, thlldten·s pl.aygtound equipment, sauna. jacuzzi. day care facility, or any other tKttational amenilieS/facilities as deemed appropriate by the Community Development DirectOf. t81 ·eau zone· locllQAli.all beltbt Hru tallons t::>tabli$hed by U>e S!tht Piaoe Otdtnance 1010,naoce Na. 1371 .JOdOrdiOaQ(e Na, 1596),
The following map would be updated/added to pending Section 21.80.032 (Housing Opportunity Overtay District maps) of Chapter 20.80 (Maps) of the NBMC:

H0-4 - Newport Center Area (PDF)
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N(WIJ)Ort Center Sight Plane (No Changes)
oY ~ N(Js. 1311, J5!1!1. ~17 •M 91-91. This MN
~ it bei!>fW by • r.#'M\lrlM ~ dt&ed by CO!'l'Our tines cl MY• ~ "'"" lff ~ . ~J .. ,. Of!'lf!'dy iff'li1'td llO W.- 15 ,z,..,ill ~ lrOl!t ♦.1~(1(~.

Co8stal Zone Soun
I
e
Whie every effort has been made to ensure
the aoouracy of inform8tlon depicted In this
exhibit. the City cannot make guarantees.. \
Thi$ 1, in.tended for Wlitial analysis only,
( Inquiries regardr,ng individual sites should
be made for confirmation of the lnfonnatlon \
.J_lal!,l;!,l~=•l pres.ented hereii ,
This exhibit is intended to be reviewed in
¾ <:o,iunctlon with Exhibit 2 (Proposed Height
"""'' t,.; Umils) and Exhibit 3 (Existin9'Proposed
~ Height Limits),
~:;~1~ L-J
'f J· \\~r'-(" • ~.

Exhibit 1
H0-4 Newport Center Area
Existing Height Limits
<'•, ♦I ~ .. _, .....
"'"'"" 0...-0),)6) ~
12-171
Ba p
• - Hoos:ingi Qippodun· y Owerlay (coa - 2001:1}
Ha --ng Oppart1mily Overlay (OU'biidle Coe'St.el Zcm )
• - - rt C - l - Sjghl :Plane ( Changes)
--eo s.t I Zorte e. r, n,
I J
Propo$ . . P. mum Helgbl
• S.2137 fe l
0 7-01 f l
• Hi · t
E) 1 0f:~t .
151H
0 270feet
ith ti! d .111',B subj • '
t p b e.111~ ng
ric a~
HIO1~ • Nlewp1ort Center Area1
P r·,a p a,s,edl IHe·i g1 ht I ,am i1t s,
• b di
tExx!ilting Height
I tJ
12-172
11p Le:1,rtmd
S h~ Pia
, J
IPropo • -~fmum 1H lghl
I. Jli',Jj!' f9 m.

Q i\'Ofee1
• 9 , 85 feet
G), 110 feet
:A.Uis,1:e-_, Vfilhouta!hJghm p el d , II ub] ;:t '
to • ihe Ii - ht Umia p - -crioedl by. lhe· m.mderril~ QI btL e, ~on ll'{!J l!lislri;.Hs~e lixhlb'lt"l
1: h-...... .. 3 1.X lalt .'
HO-4, Ne·wp,o,rt· c:en·ler Ar,ea
Exi sti-- g/Pr1oposecl H,eight Li;mits
dlte erel.riewed
i rl • (Ex, . g, Ii. 'gt!,
(liilrc;lpQl!;edl H -. h~ Lill'!
"
12-173
February 20, 2025 ALUC Submittal - Attachment 3
Strikethrough-Underline Versions or Matrices of All Revisions Till• 20 /Planning and Zoning/ Amendment
Table 2-16 of Section 20.28.050 would be amended as illustrated below; TABLE 2-16
DEVELOPMENT STANDARDS FORHOUStNG OPPORTUNITY OVERLAY ZONES Hous ing Opportunity Subareas
Development Feature H0-1 H0-2 H0-3 H0-4 HO•S H0-6
Development Limit 2,577llll 1.107 521 2,43gilll 1,530 N/A (units) <•>
Height Per Base 65 fl 65 ft.CO) Per Base 65 ft. All
Zone Zone Standards
unless unless Per Base
otherwise othe,wise Zone
identified identified
on the on the
map map(')
. (11l Of the 2,577 base development units, 179 units (50 du/acl shall be allocated lo Site ID No. 77 11201 Dove Streell from the§" Cycle Housing Element Sites Inventory. 1121 of the 2,439 base deyelopment units for H0-4, 199 units (50 dulacl shall be allocate<! to Site ID No, 362 (868 and 870 Santa Bart>ara Drivel from the 6" Cycle Housing Element Sites Inventory.
12-174
Tab · 211.28-1 of Se-cOon 21 .80.032 would 'b • amen d as: lus·~raled below. lAB,L&l 2148·1
DEVEL.OfiM ENl1' STANll.\ARtlS FORHOUSIN(~ OPPORTUIN1ITV 0 1VERLAY Z1ONES [) velQ'prr1&rnt
(unils)r,
Height
ID No. 77
lo
Sites I nvenro ry_
Hou ,Ing Opporw ~ ty Su bare a •
HO-2
Urnil 2,5771lli 1,107 521 2,4J9l.lll 1,53a
Per B .se 65 ft. 165 ft Per B se 65 ·ft
Zorie
unless
olhem ise
idenr!i~
oni Ute
map
is.e
HlO-6
WA
All
S1andards
P,e· Base
Zone
g Site
12-175
January 291 202S ALUC Submittal - Attachment 4
AELUP and City Noise , HelSht and Safety Consistency Analysis Introduction and Project Description
The City Is l)Vrsulng narrQY,ty focused amendments to Its existtogHousing Oppoounity (HO) Overlay Zoning Oistricts to:

1. Allocete units from the identified development limits ~hin HO·, (Airport Afe& Environs) and H0-4 (Newport Center) to City-owned properties identifted as opportunity sites in the Housing Element's sdequate sites analysis:
end

2. Increase heights for 35 properties within the H0-4 Su'barea.

The City b not mOditying or,; devetoe>ment standa1cts proxi'nat& to JOhn W:r,no Ai1pon nor Is the City odding attyde.nsity or intel\Sity, There are no Changes~ the H0• 1 Subarea with exception of alloc.ating currently avail.ablo units to City-owned property at ,201 OO'IC Stroo.t. lmponantly. this prot>9:rty is within safety zone 6 and wTtnin the 60 CIBA CNEL noise contou, a,ea.

The 3Spropertiesthat ore the subject of the proposed inc,ease ln height a<egcnerolly Wllhin the Newpon. Cente<areo, which tS far remo-..ed from NIA aodwhefe heights of up to 300 tee tare at ready auowed. l.n fact. onty9 of the propenles f&t,l entirety or partially within the JWA Notificatlon Alea. These 9 are not w1thin any noise contour &rea n()( 81re they within eny safelY zones: theref0<e. the City betie-..es that the proposect Increases In height are consisten1 witn the 2008 AEl.UP.

HOW8'Yer, because t?l& City-owned property at 1201 Dove Street is &c:1jacen1 to JWA, the City has prepared the following consiS-tency anatysi$ fOf 1efeninoe.

Background: Explanation of Housing Element Implement ation Program and Proposed Amendment s The very higtl 6.._Cyci:e Regional HousingNoods A.ssewnent (RHNA) auocation ol 4,845 new units reqult&d thO City 10 took cityv/l(le ror ncwhOuslng oe>POrtunitysltos. White several sites wore identif-.ed in mo Ai(J)OnArca and its pro,clmity, tnerearo rrve other focus ateas wnere most new hOuslng opportunity silos aro being listod: BaMing Ranch, West Newpon Mos.a. oover,Wostctiff/Matine~sMi{e, Newpon. Co,uo,. and coyote Canyon. Thecomptete bl'eokdown is vlowabte In Section 4 .:ioo APO.llOd.aB of the ooopted a.oo certif!Od Housing Element.

The City's Housing El-ementwas reviewed by ALUC onSeptembef 16, 2021. The City Council &clopted the Hous~ Element In February 2022: however, subsequent revisions >A-ere ,equlrod basod on fecdbock from HCO. After multiple Iterations ood rcsponsl-..e rellisions. the CilyCouncll re-adopted a rC\'lsed Housing Element on September 13, 2022. The adopted Housing Eletn(!(lt was then certified as beln3 statutorily comptlant by HCO Ofl October 5, 2022. Section 4 (Housing P\en) of the HouslngEtement is the City's st111tegy to meet the RHNA allocation and inciudes se,..erat policy actions for lm~ementation.

To Implement the strate~ . the City pursuect est.ablishment of 1he Housing: Opportunity {HO) Overlay Zoning Districts. The HO Overlay Zooing:Oistrictswere reviewed by A.LUC on May 16, 2024, pnd OOopted by City Council on September 24, 2024.

The proposed amendments serve to continue implementation of the City's adoptect and certified Housing Element by enhancing\liabitityorhousingprQtects particulartv in Newport Center In furtherance of the State's goats and objectives..

Noise Policies and Mltlgadon
There are no proposed policies or mitigation measu,es related to this proposal tha1 are related to noise from John Wa'J')e Aitpon~ The City reties on its Gene cat Plan L8nrJ Use Element and Noise Element to pfO\/ide pertinent goats and policies. The City 3lso relies on its Title 2.0 (Ptanningancf Zoning) of the Newport Beach Municipol Code (NBMC).

In NOYember 2023, the City amended the Land Use and Noise Elements, as well as Trtle 20 of the NBMC 10 accommodate housing units klentifllE!d by the adopted and certified &"'Cycle Housing Element. as follows:
12-176
• Adopted updated no1se contotXS {shown In Noise Element Figures N4 ond NS) to rclloc.t 01e noise contours ldentltled by tho 2014 John Wwne Alrpori Sotttoment Agreement Amendment Environmcntol lmp&Ct Report No. 617 (EIRNo. 617),
• Updated l and Use and Noise Element Poticias, land Use Element Figures LU11. LU22, eod LU23. as well as Title 20 to modify and incorporate the updated noise oontours identified by EIR No. 617 and to implement additional noise atten uation measures for future housing units proximate to John Wayne Ai-port: and • Allowed resldontial units Identified by the certiftOd 6.,Cycle Housing Element to b8 locatM within me 65 dSA CNEL noise contour atca as IOOmifie<t 1n tho ul)datcd no,;se cont out maps klentifiOd by EIR No, 617. Pti<colS t,;sected by the updated 65 d8A CNEL noise com our coutd SUJ)C)O(t foturo nousing; wheteas parcels locotod WhOltY wl.thln the updated 65 cl8A CNEL noise contour could suppori hOuslng. ,t deemed nocessary to satisfy the Region&t Houstog Needs Assessment (RHNAJ manoate.

The City's cited General Plan Policies and rrtle 20 regulations will help ensure that 3ppropriete noise considerations are made, and that mit~tion is inclvded In the design. AU curre.n1 policies and regulstlons are all listed in Tables 1 and 2 below.

TABLE 1, CITY OF NEWPORT BEACH GENERAL PLAN RELEVANT GOALS ANO POLICIES TO PROTECT

DEVELOPMENTS FROM UNDUE NOISE
GoatLU6. 15
A mlxed•u.sc commvnlty that p,ovidcs Jobs, resldentlat, ood supporting setviees In ctoso j)toximhy, with pcelcstti&n- orfcnted amonities that facilltotewatltjn12 and enhance livabllltv.

Poticy LU 6.15.3 (CurTent General Plan Page 3-101) -Airport Compatibility Require that all developmen1 be constructed in conformance with the height restrictions S8t forttl by the Federal Aviation Aclmlnisttation (FM), Federal Avlation Regulations (FAR) Part 77, and Cattrans Division of Aefonavtics , and that residential development Shau b& aUowt)d only on pa(Cets with noise levels of l&ss than John Wayne Airport 65 dBA CNEL noise con1our area os shown in figure NS of the Noise Element of the Geneml Plan, unle:Ss and until th&Citydettrmines , based on substantia l El'\lidence. that the sites whOllywithin the 65dBA CNEL noise contour snown in Figure NS a,e needed for the City to satisfy Its Sixth Cycie RHNA mandate. Nonmsldenti&t use$ are. howc'iel, encourAaed on oarcclS located whotlv within the 65 dBA CNEL contourarcti .

Goal N 1 (Curren t General Plan Page 12-2.S)-Nolse Comp, tlbUlty Minimized land use conflic t$ between various noise sources and other human activities.

PoUcy N 1.1 (Current Geno rat Ptan Pago 12•26) - Noiso Compatibility of New Oevotopment Require that atl proposed projects are compatible wlth the nolsc environment through use of Table N2 and enforce the interior noise standards shown In Table N3.

Policy N 1.2 (Curro nt General Plan Page 12·26) - Noise Exposure Verification for New Oovolopment Applicants ror p,·oposoo ~dentia l or mixod -use projects located In areas projected to be exposed to 65· 70dBA CNEL or greater, as shown on Figure NS most conduct a noise study to pt"ovide evidence that the depicted noi5e con touts do not adequately account for toc.'.14 noise exposure circumstances due to such tactors as. lopogfaphy, variation In tr attic speocts, and other apptlcablo conditiOns. These findings shall be used to determine the level or GX'ter'ior or interiot noise attenuation needed to attain M acceptab le noise e.xposu,e levet and 1casibiUty of SUCh mitigatfOn When othet planning considerations ate taken into account. consistent with nue 21 or the California COde ot R-••tatiOns.

PoUcy N 1.3 (Curront General Plan Page 12-26) - Remodeling and Additions of Structures Require that ell remodelln'-! and additfOns of structures complvwltll the noise standards shown in Teble N3.

Policy N 1.4 (Curr ont Gonoral Plan Page 12•26) - New Oevotopm ent in Urban Areas Require ttwt appUc-.ants of te.sidontiot portions of mix.ed•uS8 pro;&cts and high-donsity r&Sidenti31 dcvotopmonts ln vroon oreas (such as tile Alrport Area ond Newport Cont0t> demonstrato that tile dos!gn of the structure will aefequatcty isOlato noise between act,accnt uses Md units (common noo<tceillngs> in occord.ance with tile californla 8vldina Code.

Polley N 1.5 (Current General Plan Page 12-26) - Infi ll Projects Allow a higher (above 65 dBA CNEL) exterior noise level ,u1nclard for infill protects in existing residentia l areas adjacent to ma)or arterials if it can be shown that there are no feasible mechanisms to meet the exterior noise 12-177
levels. Tno intotior standard ot 45 dBA CNEL shall be enforced for any oow residential project OJ mixed.use project c.ontaining a residontiM COO"!ponent, consi:St&nt with Title 21 of California COd&cf Regulations.

Policy N 1.5A (Current General Plan Pago 12·26) - Airport Area Infill Projects Allow infill residentlat projects pro)(imate to John WayneA!rpon to hove a higher exterior noise level standard (65· 70 dB.A CNEl) if it can be shown that there are oo practlc.:it mechanisms or designs to meet tile exte<IO< oolse levels. The Interior standard of 45 d8A CNEL shalt be enrorced for any ,esiclentiat cOO"!ponent of projects. No ,esidential ooits may be located on parcels wholly within the John Wr,yne Airport 65 d8A CNEL nol:se contour &foa as shown in Figure NS, of the Noise Element of the General Plan, ""less and until the City determines, based on substa.ntial evidence, that the sites wholly within SU(:h contovrarea are needed for tne City to satisfy Its Sixth Cycle RHNA mandate. Nooresidentiat "8ses ace encouraged on parcels located wholly wtlhin the 6S dBA CNEL contour areai, shOwn in fim.1re NS.

Policy N 1 .8 (Current Gene.rat Pt.an Pogo 12•27)- Mixed•Use Dcvelopmont Encourage new mixed-use developments to site loading areas, park1ng tots. orlvcways, trash enclosures. mechanical equipment., and other noise sources away from lhe residential p011.ionof the devetopment.

Goal N 3 {Current GoneralPtan Pago 12•29}
Protect'°n of Newport Beach res.ktonts from od\'crsenol-se ,mpacis or commetelol air carnet operaliOM at John Woyno Akport as 1novlde in lhe Cl1v Councit AJm011 PolJ""".

Policy N 3, 1 (Current General Plan Page 12·29)- New Development Ensuto n&w dovetopment is compatible with the noise environment proximate to John Wr,yne Airport by not attowing rosidentlat units on parcels located 'Mlotty within the John Wayne Airport 65 d8A CNEl noise contour, as Shown in Figu<8 NS of the Noise Element of the General Piao, unless &net un1il the Qty determines. based on subStantiat evidence, that the sites wholly wrthin such oontou, area ere needed for the City to satisfy its Sixth C"""'e RHNA mandate.

Policy N 3.2 {Current General Plan Page 12·29). Residential Development Require that resident.lat development proximate to John Wayne Airport shall not be located on parcels wholly within the John Wayne Airport65dBACNEL noise contour shown in Figure NSof tne Nobe Element of the General Pt.an, unless and until the City determines. based on substantial evidence. that tile sites wholly within such con tow atea are needed for the City to satisfy its Sixth Cycle RHNA mandate. Require de1Jelopers of residential or mixed-use land uses with a residential component to notify prospective l)Ufchasers or tenants of aircraft noise.

Additionauy, teQuire outdoor common areas or recreational areas of f8Sidential or mixed~used developments to be posted with signs notifying users regarding the proxintity to John Wayne Airpon and the presence of operating aircrort ond ooise.

Policy N 3.3 {Current General Plen Pago 12·28) - Avlaa.Oon Easement Consider requiring the dedle&tion of DVigatlon easements 1n favor ol the County of Orange When noise sensitive uses are proposed in the JWA plannin0: area, as established in the JWAAlrport Eiwlrons I.and Use Ptan tAi:LUPl, TABLE 2, CITY OF NEWPORT BEACH GENERAL PLAN RELEVANT TITLE 20 !PLANNING ANO ZONING)

REGULATIONS TO PROTECT DEVELOPMENTS FROM UNDUE NOISE

20.30.080 (Noise)
Subsection (F)
F. Residential Use Proximate to John Wayne Airport, Residential uses, including mlxOd•uso residential. shall be allowed on parcels or slte.s wholly or partl&lty outside the John Waynr: Ai-port 65 d8A CNEL noise contou, as shown In Agure NS of the Noise Element o f the General Plan, es iclentlf,00 In the 2014 John W~e Airport Settteme.nt Aareement Amendment Envtronmentot Impact Report (EU\ No. 617) and consistent with Titte 21 of the Catifomia Code of Regulations, subject to the foUowiog oondltions that apply to allteslclenti&l projectswithin the John Wr,;ne Airport 60 d8ACNEL or higher CNEL noise as shown In Figures N4 ond NS of the Noise Element of the Gener el Plan:
12-178

1. Prior to the i$SUance of any blritding permh.s for suchdevetopment. e noise study shall boprepored by a City• appcO\led quaUfied acoustical consulta.nt and svbmined to the Community Oevetopmen1 Director for approval;

2. All now msidential$tructures or the residentiel units within a mixed-use development sh&U be attenuated to provklo an interior noise level of 45 dBA CNELor less;

3. TM design OI the residential portions of mixed-use projects and re5idential developments shall have adequate notso attenuation betwMn adjacent u$esand units (common floor/cetl.tngs) in accordance with the Calilomla BulldlngCOd8;
4, New mbtcd•use OOWC0pments Shall incorporate deSigns with IOading areas, pa(loog lots, driveways, trash encloS\Kes, meehanical cquil)t'n8nt, and other noise souf'CeS away fl'On'I Ole msidential portion of the development.

5. Use of walls, berms, Interior noise Insulation, doublo•paocd wh:lows, actvance insulation systems, or other noise mitigation measures as deemed opproprkne snall bo Incorporated In the design ot now tes:ielenliat to brio, interkw sound attenuauon to 45 d8A CNEL or less:

6. Residential uses shall be indoor-oriented to reduce noise lm~ement onoutdoort Mng areas:

7. On•site indoor &menitles, such as fitness foclUties or recreatfon end entertainment facilities, shall be encouraged;

8. Advanced sir filtration systems for buildings sha(l be considered to promote cleaner a¥!': aod

9. Residential development shall be Umi1ed to parcels or sites whotty or partially outside lhe 65 dBA CNEL noise contour, unless and until the City determines, oosed on substantial evklence. that the parcels or sites wholly within such cootoorarea eireoeecied for the City 10 satisfy Its 6th Cycle RH NA mandate. Nonresidential oses are e-ncouradw'I on parcels or sites located whollvwith in the 65 dBA CNEl contour ereei.

Sec1ion 20.28.050 (Hous;ng Opponunlty(HOJ OvMay Zoning Olslricls) Subsection ICJl21

2. Airport Area Environs AreiJ (H0-1) . The following development standards shell onty apply 10 projects wrthln the Airport Area Environs Area:
a. SOund Mitigation. The interi°' ambient noise level of atl new residential cf'Ne\Ung units shalt meet eipplJcable $tandards: of Section .10 . .26J)30 (Interior Noise Stendaids). An ecoustical enatysis repon. prepared t,y an acoustical engineer, shall be submitted describing the oooustical design features of the s11vc:ture that wffl satisfy the Suerior noise standard. The residential uoits sti&U be oonstrvcted anc;i noise attenuated In compliance with the report.
b. Advanced Air Filtration. The design of eiU new residenrjal $00 mixed-use residential developments shall Include advanced air filtration systems to l)fomote deaner air within lMng environments. c. Nolification to OWTWNs and Tenants. A written disclosu,e statement shall be preparea prior to sate. tease, or rental of a residential unit within tho dEM!topmeoL The disclosure statement shall indicate that the occupants wilt bO living In an urban type of environment adjacent to an airport and that the noise, odOf, and outdoor activity tovots maybe h,gher than a typical suburban residential area The disdosure statement shatlinctude a wrHtcn deScription of the potentic'IC impacts to residents of both the e.x.isting environment (e.g,, noise from ptonos, commercial activity on the site and vehicles oo streets) and potential nuisances based upon the atlowed uses In the zoning district. Each and eve,y buyer, les$ee, or renter shall sign the statement acknowtedglng that they have received, read, and understand the disdosure statement. A covenant $1lall also be klcludcd within all d&eds, t~ses or contracts conveying any interest in a residential unit within the devetooment tMl requires: (I) the disctosum and notification requirement stated hElf8in; (Ii} an acknOW1odgment by au grantees or lOS$00S that the property is located within an urban type of environment and that tile noiso. Odor. and outdoor activity levels may be higher than a typical suburban residential area:
and liil}acknowte""-nt that the covenant is binding for the benefit and in ftwor of the City of Newport Be&ch. 12-179
Commun ity Noise Equivalent Lcvols (CNEL) Compatibili ty As noted, the only PfOperty affected by these amendments within 1he Noise lmpac1 Zone ls Ole City-owned site al 1201 Dove Street, which is located within the 2008 AELUP and City's Noise Element 60 dB CNEL noise contour ,&reas. As discussed in AELUP Subsection 3.2.4 (Noise Impact Zone '"2'" - MO<Jerete Noise Impact {60 dB CNEL or greater, less than 65 dBCNELD, msidentiat units maybe consistent with proper sound-attenuation and careful desiW' considerations. For any residential sit&s and uses within Noise Impact Zone -2." 1he City will ensure future development ls con5,is,tent with the AELUP considerations and Noise Element policies cited above to ensure oompatibility. lable 1 (Airport Land use Commission lor Orange County Akport Environs Land Use Plan Umitauon.s on Land use Duo to Noise) ot the AELUP shOwS au tYP6S 01 residential land usoo within thO 60 dB cNa noise contour a,ea os "Normauy Consistent'' and conventional construction mothOds usoel with no special noise reduction ,oquiromonts. HOWOV91', the catlfomia 8ollding Code 80d tne City's regulatory frnmcwortt, listed in Tables 1 and 2 obOvo, wlU hetp to cosute that approp,la1e nolse considerations a,e made and that mi1igati0n measutos. if thete any, are incluOOd in the design.

Safety Compatibility
The 6sites within the !WA Notification Aren so lhO H0•4 Suba,oa a,o not within any safety zonos. The silo at 1201 oovo Svee1 is within Safety Zone 6.

As provided in Appendix O of the AELUP. Table 98 {Safety Compatibalty Qualities), resldent131 uses are allowed In S8tet.Y Zone 6.

Zone 6: Tr.11fic httem Zon•
R.sl. 1-Mrors I P.t.Jfl\'il/ Jl'OJ.ll?l>I)'
► G~.ally IGw•kUlOOd-Ol ,l(ooont o<ru,l'f'ICl' at,..~
...-po,ts, rl\i. (011(1!'11 ptllT'.-)ni, 6 w 1h use\ lot \'oti<h ~t1,,1i ~tS iltC st\<t"I~
► "lor>t 11'1C'!OM a otl•tf 1x,,u,rl\ ot ''-'91Uir 1r,1f1< p,;t:
1\ .. l'IS ,l'od Po)l:etn tntr, rout6
Helg}'lt Rasrrlctlon Zones
8JSIC Comp,1tOlir;-Oi.ial•IA"S
,. Nlo-1. m<letiti.ll f..'SfS
,. ;ajlo..., moo. nor~edt.lfltlJI uses. p,al11blt outdoof M,Kli~ cl!lfJ SIi" * u,,n ,.,,th Yi!lf h,gt1 'l'.«nl~·\'S
,. A.void d'l-dr(f'll $<hoot\. large dily Catt' Cl"ltM, tlos!>,1 ... tlu!SU'9 hotr'IH
AU sites wilhin the Hovslng Oppor1unfty (HO) Overtay Zones are subject 10 me current heights allowed by tne base zoning dlstrict unless otherwise identified on 1he associated zoning map for eoch HO Sobarea. The City Is not proposing any height lncrea$8s within the H0· 1 Subarea nearest JWA. All heig,t11 lncteases are proposed W1 the H0-4 Subarea. Funhermore, in no event will the City's rezoned he~t limits be inconsistent with the paremeters outlined in Subse<:tion 3.2.6 (Height Restriction Zone) of the AELVP and FM standards.

Future updates to the Land Use Element and rezoningwitl be subject to future Airport Land Use Commission {ALUC) review, consistent with Public Utilities Code Section 21676. See the draft Exhibit showing tile area and p<oposed incressed heights below.

Attachment G
March 21, 2025 ALUC Determination Letter
12-180
12-181

AIRPORT LAND USE COMMISSION

FOR O RANGE CO U NT Y
3160 Airway Avenue• Cosra Mesa, California 92626 • 949.252.5170 fax: 949.252.6012 Mnrch 21, 202S
Ben Zdeba, AICP
Planning Manager
CityofNC\vport Beach Community Development
100 Civic Center Drive
Newp0rt Beach, CA 92660
Subject: ALUC Detennination for Newpon Beach Housing Opp0rtunity Overlay (HO) Zoning/Coastal Zoning Amendment
Dear Mr. Zdebn,
During the public meeting held on March 20. 2025, the Airp0rc Lnnd Use Commission (ALUC) for Orange County con.sidered llte subject itein. The matter was duly discu.o;sed and with a 5-1 vote, the Commission found llie Newpon Beach Housing Oppottwiity Overtay (HO) Zoning/Coastal Zoning Amendment to be inoonsistem with Airport Environs Land Use Plan for John Wayne Airport (AELUP for JWA),
Please coo1act me at jfi1cht'<ioc~1ir.com or (949) 252-5170 if you have any questions regarding this proceeding. 17la11k you!
Sincerely,
~~~~
Julie Fitch
Executive OJlicer
cc: ALUC Commissioners
13-1

NEWPORT BEACH

City Council Staff Report

COUNCIL STAFF REPORT

CITY OF
April 15, 2025
Agenda Item No. 13
ABSTRACT:

The current agreement for the farmers ’ market located on City -owned property in Corona del Mar is set to expire June 30, 2025. In compliance with the City’s procurement requirements, a Request for Proposals (RFP) was published in August 2024, to identify a qualified operator for continued operation. After a formal evaluation and interview process, Heritage Wellness Collective was selected as the most qualified and responsive proposer. For the City Council’s consideration is a new, five-year Revocable License Agreement (Agreement) (Attachment A) with Heritage Wellness Collective, for operation and management of the farmers’ market in Corona del Mar, including a request to waive City Council Policy F-7.

RECOMMENDATIONS:
a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; b) Authorize the City Manager and City Clerk to execute the Revocable License Agreement between the City of Newport Beach and Heritage Wellness Collective, for Temporary Use of the City Property for the Corona del Mar Community Market , in a form substantially similar to the agreement attached to the staff report; and c) Approve a waiver of City Council Policy F -7 – Income and Other Property based on the findings contained in th e staff report and the Agreement, that charging less than fair market rent promotes the City’s goals to provide essential or unique services to the community, that cannot otherwise be provided if full market rates were charged.

DISCUSSION:

Since 1996, a certified farmers’ market has operated on City-owned public parking lots in Corona del Mar.

TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Seimone Jurjis, Assistant City Manager/Community Development Director - 949-644-3232, [email protected]
PREPARED BY: Lauren Wooding Whitlinger, Real Property Administrator - 949-644- 3236, [email protected]
TITLE: Revocable License Agreement with Heritage Wellness Collective for Temporary Use of City Property for the C orona del Mar Farmers’ Market
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Revocable License Agreement with Heritage Wellness Collective for Temporary Use of City Property for the Corona del Mar Farmers’ Market April 15, 2025

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The market was initiated at the request of the market manager , Rick Heil , and local residents and began under a series of one-year encroachment permits. The initial permit was amended by the City Council in 1999, to allow for 10 additional one-year extensions, through 2009. In 2009, a five-year license agreement was approved, followed in 2014 by a new agreement with a five -year term and five -year option, set to expire on June 30, 2025 (Current License). The Current License is held by Rick Heil, who oversees and manages the weekly Corona del Mar Certified Farmers ’ Market (CdM Market). The CdM Market operate s on the City -owned lots at the corner of Marguerite Avenue and Bayside Drive and Larkspur Avenue and Bayside Drive, includi ng a portion of the public right-of-way on Larkspur Avenue . The license area under the Current License is shown in Figure 1 below.

Figure 1
The CdM Market runs every Saturday morning and occupies 53 parking spaces between the two lots. The area is closed to vehicular traffic while the license area is being used for the CdM Market.

Under the Current License, the manager pays the City a license fee of $369.11 per month, or $4,429.32 per year. The C dM Market is limited to operating as a “certified farmers’ market” with “certified producers” as defined by the California Code of Regulations [Title 3, Sections 1392.2(d) and 1392.2(e)] with the appropriate permits and approvals from the State of California Department of Agriculture and the Orange County Health Department. The Current License allows for up to 40 vendors , with participation each week averaging around approximately 29 vendors.

Revocable License Agreement with Heritage Wellness Collective for Temporary Use of City Property for the Corona del Mar Farmers’ Market April 15, 2025

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Request for Proposals
City Council Policy F-7 – Income and Other Property (Policy F-7) establishes the selection process for all tenants utilizing City -owned real property assets. In anticipation of the expiration of the current license, and in accordance with Policy F -7, the City published RFP No. 2025-14 (Attachment B) in August 2024 to solicit bids for the use of City-owned property. The RFP was distributed through PlanetBids, the City’s web-based procurement portal, and was also emailed to more than 150 companies involved in operating and managing community and farmers markets throughout Southern California.

A mandatory pre-bid site walk was held on September 9, 2024, and proposals were due to the City by September 30, 2024.

The purpose of the RFP was to solicit proposals from qualified operators interested in managing a farmers’ market that builds on the offerings of the existing CdM Market while retaining the quality and diversity of certified farm vendors. Market operators were asked to include the following in their proposals:

1. Their ability to provide f amily friendly prog ramming, special holiday events, and activities that drive engagement with local schools and businesses, and feature music performances by local artists and school bands;

2. Their experience attracting h igh-quality vendors that offer organic produce from certified farmers, prepared foods and non -food items , with local artisan s and businesses receiving a discounted rate to participate;

3. A comprehensive plan detailing the proposed community market layout and vendor mix, with an information tent, a restroom, trash and recycling, and signage plan; and

4. Information about the operator’s staffing and management of the necessary permits and licensing, safety and security, setup and operating guidelines was also required, as well as the marketing and outreach capabilities.

The proposed location of the community market is detailed in Figure 2 and includes a portion of Bayside Park (labeled as Lot 3) which is not included in the Current License.

Figure 2

Revocable License Agreement with Heritage Wellness Collective for Temporary Use of City Property for the Corona del Mar Farmers’ Market April 15, 2025

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Selection Process
The City received eight proposals to operate the C dM Marke t. The proposals were reviewed by a staff panel and scored based on the following criteria:
 Qualifications and Experience of the Firm
 Qualifications and Experience of Key Personnel and Staffing  Method of Approach / Project Approach
 Pricing for Participating Vendors
Proposers were required to have a minimum of five years’ experience delivering community or certified farmers’ markets for local governments with knowledgeable and experienced staff. The proposers’ ability to retain the mix and quality of products offered at the existing market, with the addition of food items for on -site consumption like coffee and juice drinks, bakery goods, and hot foods was of particular concern to the panel, as was a proposer’s ability to nimbly adjust the mix of vendors in response to community feedback, seasonal changes and trends. The proposers’ ideas and experience implementing special events and driving community engagement further determined the panel’s scoring of each proposal.

City staff conducted a thorough review of the proposals and interviewed the top candidates. Following the evaluation of the eight submitted proposals, in -person interviews with the five highest -scoring firms were held in December 2024. During the interviews, proposers were asked to present additional details to the panel regarding their proposed market layout, vendor mix, anticipated community engagement and special events, as well as their marketing strategies.

Table 1 below lists the eight companies that submitted proposals and their total weighted score, as well as their final overall ranking. The proposal from Heritage Wellness Collective stood out in the rankings as meeting the qualifications and requirements of the RFP and illustrated its capacity to successfully operate and expand the CdM Market’s vendor offerings, special events and programming, and community engagement.

Table 1
RFP Scoring
Proposer Total Weighted
Score
Rank after
Interview
Heritage Wellness Collective 2,585 1
Farm & Craft Market 2,435 2
Orange County Farm Bureau 2,260 3
McGlynn Events 2,085 4
Corona del Mar Certified Farmers Market 2,080 5
B2G Consulting Pros (not interviewed) 2,025 6
Supporting Arms (not interviewed) 1,940 7
California Curated (not interviewed) 1,485 8
Revocable License Agreement with Heritage Wellness Collective for Temporary Use of City Property for the Corona del Mar Farmers’ Market April 15, 2025

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Heritage Wellness Collective
Heritage Wellness Collective , operating as Heritage Farmers Markets (Heritage), is a 501(c)(3) non -profit operator of community and certified farmers’ markets, with over 15-years’ experience developing an d managing markets in Orange, Riverside, Los Angeles, and San Bernardino Counties. Currently operating seven successful weekly and bi-monthly markets around Southern California, Heritage is known for its high-quality, community-focused events. Heritage is also known for fostering a strong culinary experience, and curating markets boasting a mix of small local businesses, artisan vendors, and certified growers.

With a strong attention to detail and an emphasis on consistent aesthetics and cleanliness, Heritage creates welcoming, well-organized market environments that reflect the values of the communities it serves. Backed by a team of experienced professionals, Heritage is well-equipped to meet the City’s administrative requirements for permitting and insurance, efficiently managing vendor documentation through its online platform, and fostering engagement with local residents and businesses.

The c o-founders of Heritage, Myisha Croom -Turner and Bing Turner, MPH, have coalesced their professional experience into operating successful community-based farmers’ markets. Myisha Turner had a 12 -year public service career as an officer with the Los Angeles County Sheriff’s Department and now focuses on managing vendors and organizing the administrative requirements of the markets. Bing Turner has worked for over 25 years as a public health professional and researcher and leverages his knowledge and experienc e by connecting Heritage with organizations like the American Public Health Association and obtaining a 2024 USDA Farmers Market business accelerator grant. He also handles much of the community engagement, connecting with local businesses, attending loca l events and collaborating with schools.

Lead Operations Director, Kemberly Nystul, is trained in public safety and market management and will be onsite and responsible for the weekly market operations.

Heritage will look to hire two new market staff from the local community to assist Kemberly with the weekly onsite logistics of the market.

Proposed Farmers’ Market
Heritage proposes to operate the farmer’s market by retaining the existing vendors and producers and adding a number of new pre -packaged and pr epared food vendors to complement the produce vendors and meet the interests of the community. Heritage will also introduce a handful of “hot” food vendors with unique items available for consumption at the market, aimed towards not pulling business away from local retail establishments.

Heritage regularly seeks input and will update the market vendors and events based on customer feedback.

In addition to the market’s regular food offerings, Heritage will introduce and enhance attendees’ experience with pe riodic entertainment by local musicians, and seasonal events like pumpkin decorating kids’ crafts, farm-to-table dinner fundraisers, earth day eco-friendly activities, and giveaways.

Revocable License Agreement with Heritage Wellness Collective for Temporary Use of City Property for the Corona del Mar Farmers’ Market April 15, 2025

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Seeking to provide the community with a seamless transition between market managers, Heritage has contacted the current CdM Market vendors to invite their continued participation in the farmers’ market and has so far received positive feedback and interest from almost a dozen vendors.

If the agreement is approved, Heritage has committed to commencing operations beginning in May, at the City’s direction.

With an emphasis on safety and security , Heritage will be required to adhere to new operating conditions to limit vehicular access points and improve pedestrian areas of the market. Appropriate permits will also be obtained from the Fire Department to ensure the safety of the new food vendors that will be cooking onsite. Heritage’s proposed market layout and site plan is shown on Attachment C.

City Council Policy F-7, Income and Other Property
Due to the unique services provided to the community, and the income and operational limitations of managing a weekly market, a nominal amount of rent is proposed in the Agreement to offset some of the City’s administrative costs and lost parking fee revenue.

Staff believes the following findings can be made, as required by Policy F-7 (Attachment D) when less than fair market value rent is received, and a waiver is requested:

1. The CdM Market provides an essential or unique service to the community that might not otherwise be provided were full market value of the property be required; and

2. With the proposed rent charged at less than fair market value, the use provides an important amenity to the City and might not otherwise be provided were full fair market value of the property required.

Revocable License Agreement
The proposed terms of the Agreement are summarized below:

1. The initial term is 5 years, with one 5-year extension option, for a total possible term of 10 years, unless terminated earlier as provided by the Agreement.

2. A license fee in the amount of $6,000 per calendar year shall be paid by the market manager, with payments submitted to the City each month. The license fee shall be adjusted by the change in the Consumer Price Index (CPI) each year upon the anniversary of the effective date of the Agreement.

3. The market manager shall be responsible for obtaining the necessary permits and approvals from state and local agencies to operate the market and will be responsible for ensuring each of the vendors has the necessary permits and approvals for their individual businesses, including obtaining a City business license, if required. The requirement for a City business license shall be waived as a hardship for certified producers pursuant to Section 5.04.025 of the Newport Beach Municipal Code (NBMC).

Revocable License Agreement with Heritage Wellness Collective for Temporary Use of City Property for the Corona del Mar Farmers’ Market April 15, 2025

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4. The market may operate every Saturday from 9 a.m. to 1 p.m., with setup beginning no earlier than 7:30 a.m. and tear-down completed by 3 p.m., and the site returned to its original condition free of trash and debris.

5. Setup of the market shall include placement of traffic control bollards and signage as may be required by the City’s Public Works and/or Fire Departments.

6. The market operations must adhere to the NBMC noise restrictions and sound amplification requirements and the operator shall obtain the necessary permits and approvals.

7. A representative from Heritage shall be present onsite during each farmers’ market, from commencement of setup to completion of clean up.

8. Heritage shall provide certificates of insurance to the satisfaction of the City’s risk manager, naming the City as additional insured.

The Agreement has been reviewed by the City Attorney’s Office and has been approved as to form. Heritage has reviewed and approved the terms of the Agreement.

Public Input
While the results of the solicitation are not final until the City Council authorizes the Agreement, in the last several months there has been community interest and input regarding the RFP and the proposed change in management of the C dM Market. Staff attended the monthly Corona del Mar Residents Association meeting in March and provided an update on the process and timeline. Community members were not happy that the City was considering changing the C dM Market operator, and that they did not provide input to develop the scope of the RFP or participate in the selection process.

Correspondence from the public that has been directed to City Council, and which was received by April 8, 2025, at 12 p.m., is included in Attachment E.

FISCAL IMPACT:

Revenues collected pursuant to the proposed Agreement, $6,000.00 per year as adjusted annually by the change in CPI, will continue to be posted to the General Fund (01050505) accounts in the Community Development Department and will be included in future years’ budgets.

ENVIRONMENTAL REVIEW:

Staff recommends the City Council find this action is not subject to th e California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Sec tion 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.

Revocable License Agreement with Heritage Wellness Collective for Temporary Use of City Property for the Corona del Mar Farmers’ Market April 15, 2025

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NOTICING:

The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item).

ATTACHMENTS:

Attachment A – Revocable License Agreement
Attachment B – RFP No. 2025-14
Attachment C – Market Site Plan
Attachment D – City Council Policy F-7
Attachment E – Public Comments

Attachment A
Revocable License Agreement
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REVOCABLE LICENSE AGREEMENT

BETWEEN THE CITY OF NEWPORT BEACH AND HERITAGE WELLNESS COLLECTIVE FOR TEMPORARY USE OF CITY PROPERTY FOR CORONA DEL MAR COMMUNITY MARKET THIS REVOCABLE LICENSE AGREEMENT FOR TEMPORARY USE OF CITY PROPERTY FOR A COMMUNITY MARKET ("License") Is made and entered Into as of this _day of--~--• 2025 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and HERITAGE WELLNESS COLLECTIVE, a California nonprofit public benefit corporation ("Licensee"), and is made with reference to the following:

RECITALS
A City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of the City.

B. Licensee desires to use City property for purposes of operating a weekly community market offering certified farmers' market products, pre-packaged goods, food and beverage products, craft products, services and related activities ("Community Market").

C. A certified farmers' market is defined by the California Code of Regulations as a location approved by the county agricultural commissioner of the county where agricultural products are sold by producers or certified producers directly to consumers or to individuals, organizations, or entities that subsequently sell or distribute the products directly to end users. A certified farmers' market may only be operated by one or more certified producers, by a nonprofit organization, or by a local government agency (3 CCR§ 1392.2(a)).

D. Licensee is a producer and has operated a certified farmers' market, in accordance with the Food and Agriculture Code Section 47000 et seq. (implementing regulations) and California Code of Regulations, Title 3, Section 1392, et seq. (hereinafter "Certified Farmers' Market") in Newport Beach since 1996.

E. Licensee represents that it has the requisite specialized skills, knowledge, and experience to organize and operate certified farmers' markets, as well as special events held in conjunction with or adjacent to community markets offering food, beverages, and related services. This includes experience collaborating with certified and experienced organizations, vendors, and service providers (collectively, "Vendors").

F. In accordance with City Council Polley F-7, whenever an open bid process Is not conducted prior to entering a license agreement for City property, the C"1ty shall make specific findings setting forth the reasons thereof. The City finds that 13-11
converting the property to another use, or changing its licensee, would result In excessive vacancy that outweighs potential financial benefits. Furthermore, the property provides an essential or unique community service that likely wouldn't exist if full market value were required.

G. In consideration of the mutual promises and obligations contained in this License, the receipt and sufficiency of which is hereby acknowledged, City hereby grants to Licensee the revocable right to temporarily occupy and use the License Area, and Licensee accepts the same on the following terms and conditions.

NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows:

1. LICENSE

1.1. City hereby grants to Licensee a revocable non-exclusive license for the right to enter and use the City owned public parking lot located at the corner of Bayside Drive and Marguerite Avenue, and a portion of Bayside Park ("License"). The Community Market shall span the following lots: (i) property at the southwest corner of Bayside Drive and Marguerite Avenue (behind Bandera Restaurant located at 3201 Coast Highway E); (ii) the property at the southwest corner of Bayside Drive and Larkspur Avenue (behind the Rite Aid Pharmacy located at 3141 Coast Highway E); and (iii) the property at the southeast corner of Bayside Drive and Jasmine Avenue (which is a portion of Bayside Park), and as further depicted on Exhibit A ("License Area"), which is attached hereto and incorporated herein by this reference.

1.2. The License granted herein is subject to the terms, covenants and conditions hereinafter set forth, and Licensee covenants, as a material part of the consideration for this License, to keep and perform each and every term, covenant and condition of this License.

2. USE OF THE LICENSE AREA

2.1 The purpose of this License is to allow for the operation of a Community Market within the License Area as depicted on Exhibit A. Use of any area outside the License Area shall not be permitted unless prior written consent is provided by the City.

Licensee agrees to use the License Area only for the activities described herein, and not to use or permit the use of the License Area for any other purpose without first obtaining the prior written consent of City, which consent may be withheld In City's sole discretion.

2.2 Acceptable ancillary activities include:
i. Entertainment typical of a Community Market, such as live music, local performers, school bands, face painter, balloon artist, seasonal characters (e.g., Santa Claus), etc.
ii. Family-friendly games and programming, special events for holidays, dog valet, picnic basket rentals, giant chess, stroller parking, and engage with schools and the HERITAGE WELLNESS COLLECTIVE Page 2
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community. Regularly scheduled pop-ups should be advertised to keep the market fresh and inviting.
iii. local artisan booths to sell hand-made goods typically made in a traditional or non-mechanized manner utilizing high quality ingredients (e.g., cheese, bread, soap, jewelry, etc.).
iv. Community booths to allow participation of local organizations to take part in the community focused event (e.g., nonprofits, green initiatives, health awareness). v. local business participation as market vendors.
vi. Information tent to allow customers and visitor an opportunity for the licensee to answer questions and take suggestions on potential new vendors.

3. PERMITS AND LICENSES

3.1. Licensee, at its sole cost and expense, shall obtain and maintain during the term of this License, all appropriate permits, licenses and certifications that may be required by any governmental agency, including without limitation those permits as may be issued by the State of California, Department of Agriculture, the Orange County Agricultural Commissioner, the Orange County Health Care Agency and the City of Newport Beach to operate a Community Market.

3.2. If applicable, licensee shall obtain an event organizer permit pursuant to Health and Safety Code Section 114381.1.

3.3. Licensee shall provide the License Administrator, as defined in Section 9 below, with a copy of all required permits, licenses and certificates that may be required by Licensee and Vendors.

3.4. licensee shall not allow any Vendor to participate in the Community Market until: (1) all appropriate permits, licenses and certifications are obtained; and (2) a copy of said permits are furnished to the licensee (This includes, but is not limited to, a City business license and a temporary food facility permit from the Orange County Health Care Agency); and (3) a completed Liability Release Statement in accordance with Section 7. 7 is received by License.

4. TERM

4.1. The term of this license shall commence on the Effective Date and continue for a five (5) year term, with the option to renew for one (1) additional five (5) year term at the discretion of the City Manager, unless terminated earlier as set forth herein.

4.2. The City Manager may renew this License for one (1) additional five (5) year term If it is determined that: (i) the terms of this License have been complied with; (ii) a copy of all required license, permits and certificates are on file with the City's Real Property Administrator; and (iii) the use by Licensee is not causing a negative impact on HERITAGE WELLNESS COLLECTIVE Page 3
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surrounding properties and uses. Any renewals approved pursuant to this Section must be In writing and approved as to form by the City Attorney for the City.

5. FEES

5.1. Licensee shall pay the City Five Hundred Dollars and 00/100 ($500.00) per month ("License Fee"), which amount shall be due and payable on the first of each month (the "Due Date"), commencing one month from the Effective Date. The License Fee shall be pro-rated in the event of a partial month's use of the License Area.

5.2. II Licensee fails to pay the License Fee within thirty (30) days of the Due Date, Licensee shall pay a late charge in an amount equal to ten percent (10%) of the amount that was not tirnely paid by the Licensee.

5.3. Upon the first anniversary of the Effective Date and upon each anniversary of the Effective Date thereafter, the License Fee shall be adjusted in proportion to changes in the Consumer Price Index, subject to the maximum adjustment set forth below. Such adjustment shall be made by multiplying the License Fee by a fraction, the numerator of which is the value of the Consumer Price Index for the calendar month three (4) months preceding the calendar month for which such adjustment is to be made, and the denominator of which is the value of the Consumer Price Index for the same calendar month immediately prior to Effective Date. The Consumer Price Index to be used in such calculation is the "Consumer Price Index, All Items, 1982-84 = 100 for All Urban Consumers (CPI-U)", for the Los Angeles-Long Beach-Anaheim Metropolitan Area, published by the United States Department of Labor, Bureau of Labor Statistics. II both an official index and one or more unofficial indices are published, the official index shall be used. II said Consumer Price Index is no longer published at the adjustment date, it shall be constructed by conversion tables included in such new index. In no event, however, shall the amount payable under this License be reduced below the License Fee in effect immediately preceding such adjustment. The maximum adjustment increases to the License Fee, for any year where an adjustment is made pursuant to this Section, shall not exceed 2.5% of the License Fee in effect immediately preceding such adjustment. 6, CONDITIONS OF LICENSE
Licensee shall comply with the following conditions prior to the commencement of use of the License Area:

6.1. Licensee shall procure and maintain any and all required licenses, permits and certifications to operate the Community Market in accordance with Section 3 above.

Licensee shall require the same of Vendors.

6.2. Licensee shall submit all advertising and directional signage to the City's Public Works Department and Community Development Department for review and approval.

6.3. The Licensee shall work with adjacent commercial property owners to reach agreements over the use of parking facilities or develop a shared use parking plan, as HERITAGE WELLNESS COLLECTIVE Page 4
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determined and approved by the City's Community Development Director. City Staff may assist in obtaining approval.

6.4. An initial site plan and/or floor plan showing the layout of the Community Market sales areas, and such other information has been reviewed by the City's Community Development Department, Fire Department, and Public Works Department ("Site Plan") and is attached hereto as Exhibit A-1 and incorporated herein by this reference. Prior to implementing any modifications to the Site Plan during the Term, Licensee shall submit any proposed changes to the market layout to the City for review and approval and shall obtain any new or modified permits that may be necessary, at Licensee's sole cost and expense.

6.5. Licensee shall obtain and be responsible for the costs for all building permits and other required permits as may be required by the City prior to the commencement of any proposed improvements.

6.6. Licensee shall allow local businesses to participate as market vendors at a discounted rate.

6. 7. Licensee shall follow the marketing plan and reporting requirements for the Community Market and submit proof thereof to the City as further detailed In the Marketing Plan attached hereto as Exhibit B and incorporated herein by this reference.

7. CONDITIONS OF OPERATION
Licensee shall comply with the following conditions of operation during use of the License Area:

7.1. License may utilize the License Area on Saturdays from 7:30 a.m. until 3:00 p.m. Set up activities for the Community Market shall not occur prior to 7:30 a.m. The Community Market may operate each Saturday from 9:00 a.m. to 1 :00 p.m., respectively.

Licensee shall ensure that the License Area is returned, clean and free of debris, to its original condition no later than 3:00 p.m. on the same day. City reserves the right to modify the hours of set up and operation, in the City's sole discretion.

7.2. Licensee shall be present during each and every Community Market from commencement of set up to the completion of clean up. On any occasion when Licensee cannot be present during the operation of a Community Market, Licensee may provide a substitute qualified person to manage the operations, subject to prior written approval of City.

7.3. The storage of materials Is expressly prohibited in the License Area beyond the approved hours of use of the License Area.

7.4. Licensee shall recruit and retain Vendors for the Community Market.

Licensee shall verify that individual vendors that are:

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(1) "Certified producers" or "producers" comply with the meaning of California Code of Regulations Title 3, Sections 1392.2(d) and 1392.2(e), and ensure that such vendors adhere to all applicable rules and regulations concerning product quality and that the products offered for sale by vendors are pest and disease free. (2) Selling food obtain a temporary food facility permit pursuant to Health and Safety Code Section 114380 et seq., if applicable.

7.5. Pursuant to Section 5.04.025 of the Municipal Code, the City Council found that the requirement to obtain a business license is a hardship on the certified producers (farmers) due to the increase costs associated with the production and transportation certified produce or products, and the City Council waived the requirement for certified producers to obtain a business license. All other vendors must comply with the Municipal Code and obtain the necessary business licenses.

7.6. Licensee shall inform Vendors that engage in selling tangible personal property they may be subject and shall comply with the California sales tax report·,ng laws and inform the State Board of Equalization that the City is the point of sale location.

7.7. Licensee shall obtain a completed Liability Release Statement from each Vendor, prior to the Vendors participation in any Community Market, in the form as attached hereto as Exhibit C, and incorporated herein by this reference. Licensee shall not allow any person or organization to participate in the Community Market until a Liability Release Statement is received by the City.

7.8. Licensee shall annually, upon the anniversary of the Effective Date, provide to the City a current roster of Vendors.

7.9. The number of Vendors displaying or selling food or products at the Community Market shall be determined by the City, at its discretion, based on the site's capacity, in compliance with fire and health department regulations, including spacing, Vendor grouping requirements, and separation limits. The final Vendor count shall be at the discretion of the Licensee, based on their professional experience. No additions, enlargements. or modifications to uses or structures within the License Area shall be allowed without prior approval of the City.

7.10. Licensee shall be responsible for setup, operation, maintenance, sanitation and cleanup of the Community Market. Set up shall include placement of vendors In accordance with the approved Site Plan. Licensee shall be responsible for maintaining the License Area in a clean and orderly fashion during the approved hours of use of the License Area by providing routine removal of foreign material, waste and debris from the License Area. After the completion of each Community Market, Licensee shall be responsible for properly disposing of all trash that has accumulated from the operations of the Community Market. Maintenance, sanitation and clean up shall be conducted within such rules and guidelines as may be promulgated by the Orange County Health Department and the City.

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7.11. Licensee shall comply with all traffic regulations established for the operation of the Community Market by the City Traffic Engineer, as listed on the conditions of approval issued by the Public Works Department, which is attached as Exhibit D to this agreement and incorporated herein by this reference. Throughout the term of this License, City reserves the right to require Licensee, at Licensee's sole cost and expense, to provide additional traffic control measures deemed necessary by the City, in its sole and absolute discretion, to ensure public safety and/or to alleviate traffic impacts in the areas surrounding the License Area; In each case upon not less than five (5) calendar days' prior written notice to Licensee.

7.12. Setup and cleanup of the Community Market shall include placement of traffic control bollards and signage at the portion of the License Area that crosses Larkspur Avenue, and In the surrounding areas, as may be required by the City's Public Works Department and/or the City's Fire Department.

7.13. Licensee shall observe community noise restrictions as set forth in the Newport Beach Municipal Code. Sound Amplification associated with any activity is also subject to the Newport Beach Municipal Code. Licensee shall obtain and maintain a sound amplification permit prior to the use of any sound amplification equipment.

7.14. Entertainers shall be limited to live musical or vocal acts, face painters, balloon artists, jugglers, and seasonal characters or similar acts. Licensee or entertainer shall eliminate or reduce the volume of entertainment acts or amplified sound if complaints are received and at the direction of a Police Officer, Code Enforcement Officer, or Park Patrol Officer if sound disturbs persons of normal sensitivity.

7.15. Community booths shall be limited to non-profit organizations, or local service organizations to promote community awareness or events. The promotion or display of alcohol or tobacco related products shall be prohibited unless associated with a law enforcement awareness program.

7.16. Operations shall be conducted in accordance with California Code of Regulations Title 3, Section 1392.1, et seq., and within the guidelines set forth in the State of California Department of Agricultural marketing plan.

7.17. All loading and unloading of merchandise, vendor booths and other related improvements shall take place within the License Area.

7.18. The Site Plan shall be designed and operated so as to conform to access standards set forth by Title 24 of the Uniform Building Code (handicapped access requirements).

7.19. The Community Market shall be laid out and operated so as to conform to access standards set forth by the City's Fire Department and the Municipal Code, for fire vehicle and emergency access requirements. Additionally, Licensee shall comply with all fire guidelines established for the operation of the Community Market by the City, as listed on the conditions of approval issued by the Fire Department, which is attached as Exhibit E to this agreement, and Incorporated herein by this reference.

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7.20. Licensee shall include a variety of food vendors to provide food items that shall be sold for on-site consumption and that are complementary to the Community Market.

7.21. Only a Community Market may be operated in the License Area. Licensee may not operate or conduct any other event or enterprise unless Licensee receives required additional approvals from the City.

7.22. Sale or consumption of alcoholic beverages is not permitted at the Community Market.

7.23. If the Community Market is determined by the City's Chief of Police to be creating an undue impact to existing City police services, Licensee may be required to secure a private security guard or guards upon at least thirty (30) calendar days' prior written request by the City. Should Licensee fail to secure a private security guard or guards pursuant to said written notice, Licensee shall reimburse City for any costs related to City hiring a private security guard or guards. Should the Community Market create the need for additional police services including City traffic officer services, as determined by the City's Chief of Police, the Licensee shall reimburse the City for these additional police services.

7.24. Licensee covenants and agrees that Licensee shall: (i) not use the License Area for any unlawful purpose; (ii) use the License Area in a careful and proper manner in accordance with this License; and (iii) not bring or use any Hazardous Materials, as defined by state or federal law, on the License Area.

7.25. City shall be entitled, with a Licensee representative, to inspect the License Area for compllance with the terms of th'1s License, and with all appl'icable Federal, State and local (including those of the City) government regulations.

7.26. Only individuals aged 18 and over are eligible to volunteer at the Community Market. Volunteers under the age of 18 may not participate, unless the City provides prior written approval and the Licensee obtains and maintains insurance coverage acceptable to the City, at its sole discretion

8. TERMINATION OF LICENSE

8.1. Notwithstanding the term of this License, this License may be terminated during the term or any extended term In the following manner:
i. By Licensee: At anytime, without cause upon the giving of thirty (30) days written notice of termination to City; ii. By City: At anytime, without cause upon the giving of thirty (30) days written notice of termination to Licensee; HERITAGE WELLNESS COLLECTIVE Page 8
13-18
iii. If, after written notice of default to Licensee of any of the terms or conditions of this License, Licensee fails to cure or correct the default within ten (10) business days of receipt of written notice, City may immediately terminate the License; or iv. By mutual written agreement of Licensee and City.

9. ADMINISTRATION
This License shall be administered by the Community Development Department. The Community Development Director shall be the License Administrator and shall have the authority to act for City under this License. The License Administrator or their authorized representative shall represent City in all matters pertaining to this License.

10. INDEMNITY AND LIABILITY FOR DAMAGES

10.1. Licensee shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers, and employees ( collectively, the "Indemnified Parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which may arise from or In any manner relate (directly or indirectly) to any breach of the terms and conditions of this License, any work performed or services provided under this License Including, without limitation, defects in workmanship or materials or Licensee's presence or activities conducted that relate in any way to this License (including the negligent and/or willful acts, errors and/or omissions of Licensee, employees, vendors, suppliers, and anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them). Notwithstanding the foregoing, nothing herein shall be construed to require Licensee to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing In this indemnity shall be construed as authorizing any award of attorney's fees In any action on or to enforce the terms of this License. This Indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of Indemnification to be provided by the Licensee. Licensee's obligations under this Section shall survive the expiration or other termination of this License.

10.2. Licensee shall be liable and responsible for the security, repair and maintenance of the License Area to the extent necessitated by Licensee's use of the License Area under this License, for such time as this License is in effect. Licensee shall use care to protect the License Area and restore it to its original condition to the satisfaction of the City when the License Area is not in use by Licensee.

11. INSURANCE
Without limiting Licensee's indemnification of City, and prior to commencement of work, Licensee shall obtain, provide and maintain at its own expense during the term of HERITAGE WELLNESS COLLECTIVE Page 9
13-19
this License or for other periods as specified in this License, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit F, and incorporated herein by this reference.

12. PROHIBITION AGAINST ASSIGNMENT AND TRANSFER
This License shall not be assigned or transferred without the prior written approval of City which approval may be withheld in the City's sole discretion.

13. CONFLICT OF INTEREST
The Licensee or its employees may be subject to the provisions of the California Political Reform Act of 1974 ("Act"), which (a) requires such persons to disclose any financial interest that may foreseeably be materially affected by the work performed under this License, and (b) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. If subject to the Act, Licensee shall conform to all requirements of the Act. Notwithstanding Section 8 of this License, failure to conform to the requirements of the Act constitutes a material breach and is grounds for immediate termination of this License by City. Licensee shall indemnify and hold harmless City for any and all claims for damages resulting from Licensee's violation of this Section.

14. NOTICE

14.1. All notices, demands, requests or approvals to be given under the terms of this License shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first-class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Licensee to City shall be addressed to City at:

Community Development Department
City of Newport Beach
Attn: Real Property Administrator
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658

14.2. All notices, demands, requests or approvals from City to Licensee shall be addressed to Licensee at:

Heritage Wellness Collective
Attn: D. Bing Turner
464 N. Indian Hill Blvd, Suite A
Claremont CA, 91711
HERITAGE WELLNESS COLLECTIVE Page 10
13-20

15. STANDARD PROVISIONS

15.1. Recitals. City and Licensee acknowledge that the above Recitals are true and correct and are hereby incorporated by this reference into this License.

15.2. Compliance with all Laws. Licensee shall at all times comply with, and shall pay all costs, expenses, penalties and fines which may be Incurred or required to be paid in order to comply with, any and all permitting requirements, laws, statutes, labor codes, ordinances, rules and regulations, including any and all laws or regulations relating to hazardous materials, toxic materials, substances or waste, or public health, safety and welfare and the protections of the environment, the Americans with Disabilities Act of 1990, 42 U.S.C. Sections 12101 et seq., as amended, covenants and restrictions of record, life and fire safety and similar requirements, Including those of the State of California, the County of Orange, City, or other applicable public agency ("Laws") which apply to the operation and use of the Community Market License Area or any portion thereof, including those requiring additions to be made to, or safety appliances or devices to be maintained or installed in, on or about the Community Market License Area or any portion thereof under any Laws now or hereafter adopted, enacted or made and applicable to the Community Market License Area or any portion thereof, and payment of any fees, charges or assessments arising out of or in any way related to the Community Market License Area or any portion thereof as a source of adverse environmental impacts or effects. Licensee shall not permit or suffer any mechanic's lien to be flied against the Community Markey License, or any interest of City or Licensee therein, and shall immediately discharge any such lien. In addition, all work prepared by Licensee shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the License Administrator.

15.3. Waiver. A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character.

15.4. Integrated Agreement. This License represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein.

No verbal agreement or implied covenant shall be held to vary the provisions herein.

15.5. Interpretation. The terms of this License shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the License or any other rule of construction which might otherwise apply.

15.6. Amendments. This License may be modified or amended only by a written document executed by both Licensee and City and approved as to form by the City Attorney.

HERITAGE WELLNESS COLLECTIVE Page 11
13-21

15.7. Severability. If any term or portion of this License is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this License shall continue in full force and effect.

15.8. Controlling Law and Venue. The laws of the State of California shall govern this License and all matters relating to It and any action brought relating to this License shall be adjudicated In a court of competent jurisdiction in the County of Orange.

15.9. Taxes. Licensee acknowledges that the License granted herein may be subject to possessory interest taxes. Licensee shall have the sole obligation to pay any taxes, fees and assessments, plus applicable penalties and interest, which may be imposed by law and arise out of Licensee's License hereunder. Licensee shall indemnify, defend and hold harmless City against any and all such taxes, fees, penalties or interest assessed, or imposed against City hereunder.

15.10. No Third Party Rights. The Parties do not intend to create rights in or grant remedies to, any third party as a beneficiary of this License, or of any duty, covenant, obligation or undertaking established herein.

15.11. No Attorneys' Fees. In the event of any dispute under the terms of this License the prevailing party shall not be entitled to attorneys' fees.

15.12. Counterparts. This License may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument.
[SIGNATURES ON NEXT PAGE]
HERITAGE WELLNESS COLLECTIVE Page 12
13-22
IN WITNESS WHEREOF, the parties have caused this License to be executed on the dates written below.

APPROVED AS TO FORM:

CITY ATTORNEY'S OFFICE
Date: 111/Z.5

CITY OF NEWPORT BEACH,
a California municipal corporation
Date:. ____ ____ _
~~;,,n ka~p rn an~ < ; c By.:_-,-,-,---------
Grace K. Leung
City Manager City Attorney '-1· ¾
ATTEST:

Date: _____ _ _
LICENSEE: HERITAGE WELLNESS
COLLECTIVE, a California non-profit
public benefit rpor Ion -
Date:_ o)S
By:'.--,-,--c,---- ------­
Leilani I. Brown
By: I
D. Bing T er
Executive Director City Clerk
Attachments: Exhibit A:

Exhibit B:

Exhibit C:

Exhibit D:

Exhibit E:

Exhibit F:
[END OF SIGNATURES)
License Area
Marketing Plan
Vendor Liability Release Statement
Traffic Regulations
Fire Department Conditions of Approval
Insurance Requirements
HERITAGE WELLNESS COLLECTIVE Page 13
13-23

EXHIBIT A

LICENSE AREA
HERITAGE WELLNESS COLLECTIVE Page A-1
13-24
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at Corona de! Mar
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13-25

EXHIBIT B

MARKETING PLAN
HERITAGE WELLNESS COLLECTIVE Page B-1
13-26
Exh1b118
HERi rAGE
FARMERS MARl(ET
PRE-LAUNCH: April 2025 (date TBD)
Goals: Build anticipation and seed content

1. Set Up Accounts:
• lnstagram & likTok handles: @HeritageCDM
• Bio example: "Fresh, local. & vibrant! Corona del Mar's farmers market is coming back with new energy and more vibrant than ever May 2025." #CdMFresh

2. Content Prep:
• Create videos/photos highlighting behi nd-the-scenes preparations, vendor stories, and sneak peeks or what's coming.

3.Teaser Posts:
• Share 3- 5 teaser reels and likToks :
• Vendor previews (e.g., a fforist arranging bouquets). • Short clips or setting up the market space.
• Countdown graphics or videos (e.g., "Only 10 days until fresh ffavors come to Corona del Mar!").
13-27

4. Engage the Community:
• Follow local businesses, influencers, and community groups in Corona del Mar.
• Leave thoughtful comments on their posts to create buzz.

5. Announce Giveaways:
• Start promoting launch day giveaways.

Example:
• Post idea: "Mark your calendars for May xx, 2025! Join us at the Heritage @ CDM Farmers Market grand re-opening and win
exciting prizes. Follow us for updates!"
May 2025: Launch Month
Goals: Drive traffic to the market, build awareness, and engage followers

1. Posting Frequency:
• lnstagram: 3-5 posts/week+ 3 stories/day
• TikTok: 2-4 videos/week

2. Content Ideas:
• Countdown Posts: Continue daily reminders leading up to launch day.
• Vendor Spotlights: Post reelsffikToks introducing vendors. • Launch Day Highlights: Post dynamic videos showcasing the crowd, products, and activities.
13-28
• Giveaway Posts:
• Promote the giveaways across platforms:
• Entry rules: Follow us, like this post, and tag 3 friends! Bonus entry: Share this post to your story.
• Announce winners via stories on launch day.

3. Engagement Activities:
• Use lnstagram Stories with interactive stickers (e.g., What's your must-have market item?).
• Create a TikTok trend challenge (e.g., Show off your Farmers Market haul using #CdMHaul).

4. On-Site Social Media Promotion:
• Use signage: Follow @HeritageCDM for updates & prizes! • Offer small incentives like a free tote bag for attendees who show they're following your pages.

May 2025 & BEYOND: Growth & Retention
Goals: Build community, grow following, and encourage market visits

1. Content Ideas:
• Monthly newsletter & "What's In Season" posts.
• Stories or reels showcasing customers' experiences or highlighting favorite vendors.
• Post a recurring theme (e.g., "Wellness Wednesdays" with a focus on a healthy product or activity).
13-29

2. Interactive Campaigns:
• Launch a photo contest: "Post your market moment with #CdMFresh to win $20 in market bucks!"
• lnstagram Live sessions with vendors or market staff showcasing different aspects of the market (events, new vendors, staff skits).

3. Collaborations:
• Partner with local influencers or chefs to create content (e.g., cooking demos with market produce).

Engage community members in farmers market events and
activations (Surveys, Yoga in the Park, Kids Crafts, Chef Cooking Demos, Live Music, Holiday Photo Ops).

DEDICATED SOCIAL MEDIA PERSON
• Assign a social media manager for @HeritageCDM.
• Responsibilities:
• Post consistently on lnstagram and TikTok.
• Engage with followers by replying to comments and OM
messages.
• Attend the market regularly to capture real-time stories, customer interactions, and fresh content.
13-30
DEDICATED COLORED LOGO FOR HERITAGE @ COM
• Create a unique logo in a distinct color palette that complements the Heritage Farmers Market brand.
• Use it consistently across all marketing materials, social media posts, and on-site signage to build recognition.

DEDICATED TEAM MEMBER FOR COMMUNITY OUTREACH
• If possible, participate in community events leading up to the re-launch.

Distribute branded merchandise, flyers and activate our carrot give-a­ away to engage community members, grow our social media platforms, and share information about the new and improved farmers market. 13-31

EXHIBITC

VENDOR LIABILITY RELEASE STATEMENT
HERITAGE WELLNESS COLLECTIVE Page C-1
13-32

CITY OF NEWPORT BEACH - COMMUNITY MARKET

VENDOR LIABILITY RELEASE STATEMENT
WHEREAS, the CITY OF NEWPORT BEACH, a California municipal corporation and charter City ("City"), has entered into a license agreement with Heritage Wellness Collective, a California nonprofit public benefit corporation ("Licensee"), to allow to use the City owned public parking lot owned located at the corner of Marguerite Avenue and Bayside Drive, and the smaller municipal lot across and including a portion of Larkspur Street, in Corona del Mar, Newport Beach, California for a Community Market ("Market"):

WHEREAS, I, __________________ _
being over the age of eighteen (18), have made a voluntary request to participate in the Market; and
WHEREAS, in consideration of acceptance of my entry in the Market, I agree on behalf of myself, my heirs, my executors, and administrators, to waive, release, and forever discharge any and all rights and claims for damages which may hereafter accrue to me against the below listed agencies, companies or entities, their officials, employees, as provided herein; and
WHEREAS, the City is willing to allow me to participate in the Market pursuant to the below conditions.

NOW, THEREFORE, In consideration of the permission given to participate in the Market, I do hereby agree to the following:

1. I recognize that participation in the Market is dangerous and contains risk of personal injury, death, disfigurement, disability or property damage or loss ("damages").

2. I have been fully informed of all aspects of the Market and all aspects of the activities that I will be participating in at the Market. Despite the potential risk of damages to me as a result of my participation in the Market, I have decided to participate in the Market. I understand and agree that my participation in the Market is voluntary and that I may quit the Market at any time.

3. I hereby agree to assume any and all risk and responsibility for all risks and damages associated with my participation in the Market, whether identified by the City of Newport Beach, Corona del Mar Community Market, , the market managers or the County of Orange including, but not limited to, strenuous physical activity or exertion, tripping or falling and being struck by objects or persons. Such risks may result In injuries that include, but are not limited to, sprains, strains or tear of muscles or ligaments: fracture or dislocation of joints or bones: head or facial injuries; spinal cord or internal Injuries: or other damages related to pre-existing medical conditions I may have. 13-33

4. To the maximum extent permitted by law, I hereby, for myself, my heirs, executors, administrators, assigns or anyone who might claim on my behalf, agree not to bring any claim, and waive, release and discharge the City of Newport Beach, Corona del Mar Community Market, the market managers or the County of Orange, its officials, officers, agents, volunteers, consultants, attorneys and employees ("Released Parties") from any and all duty to me: liability for any damages to me; and/or liability for any damages, losses, costs, and expenses arising out of or in the course of my participation in the Market. including all liability for any active or passive negligence by the Released Parties. This release and waiver extends to all claims of every kind or nature whatsoever, foreseen or unforeseen, known or unknown. I expressly intend this waiver and release to be effective, regardless of whether the claim of liability is asserted in negligence, strict liability or other theory of recovery.

5. I hereby for myself, my heirs, executors, administrators, and assigns, agree to defend and indemnify the Released Parties against any and all manner of actions, causes of actions, suits, debts, claims, demands, or damages or liability or expense of every kind and nature incurred or arising by reason of any actual or claimed negligent or wrongful act or omission of mine while participating in the Market.

I HAVE READ, UNDERSTAND AND AGREE TO THE WAIVER AND RELEASE OF LIABILITY. I UNDERSTAND THAT BY MY SIGNATURE ON THIS DOCUMENT, I AM WAIVING MY RIGHTS, INCLUDING ANY RIGHTS I MAY HAVE AGAINST THE

RELEASED PARTIES
Dated: ________ _
Witness
Original: To Records
Signature
Printed Name
13-34

EXHIBIT D

TRAFFIC REGULATIONS

1. Prior to Implementing any modifications to the Site Plan, Licensee shall submit the changes to the market layout to the Public Works Department for review and approval.

2. All vehicles shall be lawfully parked. No fire lane exemption.

3. No exclusive use of street, alleys, or sidewalks, except in the License Area pursuant to the terms of this Agreement.

4. No exclusive use of public parking areas.

5. No activities permitted in any portion of public street, sidewalk, or alley, except in the License Area pursuant to the terms of this Agreement.

6. No posting of promotional signs permitted on a portion of public property, including trees, utility poles, street signs unless otherwise approved by relevant City staff.

7. Activities shall not create a pedestrian or traffic hazard. Prevent crowds from standing in streets and from blocking sidewalks.

8. Complete clean-up of the License Area is the responsibility of the Licensee.

9. No vehicles shall be driven onto the sidewalk.

10.AII directional signage must be set-up on the day of the Community Market and removed immediately following the event, pursuant to the terms of Section 7 of this Agreement.

11. Licensee shall direct attendees to carpool or use alternate means of transportation to the Community Market to the extent possible. Parking within the residential neighborhood shall be kept to a minimum.

12. Do not block entrances or exits from any building. Do not block Fire Department access to any fire suppression equipment.

13. Licensee shall ensure all traffic control measures for the road closure are installed no later than one-hour before the start of the Community Market and removed immediately following the event, pursuant to the terms of Section 7 of this Agreement.

14. Traffic control equipment may be stored in container on site as depicted on Exhibit A of the Agreement. The City reserves the right to have It removed pursuant to Section 7 of the Agreement, if deemed necessary.

HERITAGE WELLNESS COLLECTIVE Page D-1
13-35

15. The activity area In parking lot and/or public alley right-of-way shall be blocked off with water filled barricades, "k" rails or other approved significant barricade.

Applicant Is responsible for rental and placement of any traffic control equipment, water filled barricades, "k" rails, and/or vehicles.

HERITAGE WELLNESS COLLECTIVE Page D-2
13-36

EXHIBIT E

FIRE DEPARTMENT CONDITIONS OF APPROVAL

1. Licensee to obtain any necessary Fire Department permits that may be required based on the market layout shown on the Site Plan. Prior to implementing any modifications to the Site Plan, Licensee shall obtain any new or updated permits that may be required by the Fire Department.

2. Do not block entrances or exits from any building. Do not block Fire Department access to any fire suppression equipment.

3. Emergency access must be maintained at all times during the Community Market, including the set-up period before and the clean-up period after the event.

4. Obey all City, County and State regulations. Comply with the lawful orders of Police and Fire personnel, or other government officials.

5. Licensee is responsible for ensuring all tents/canopies/shade structures or other similar equipment being used at the event are properly secured to the ground to ensure the safety of event participants and the public.

6. Inspections required on all tent permits. If tent permit is required, inspection fees apply.

7. Bollards to be installed per permitted plans.

8. Do not exceed posted occupant load inside buildings.

9. Visible and mounted fire extinguishers with current service tags.

10.No smoking signs are required.

11. lllumlnated exit signs.

12. Emergency lighting.

13. Exit doors are not to be blocked and are to remain accessible as exits when the tent Is occupied.

14.AII interior decorative fabrics or materials shall be flame resistant. Provide certificates of flame resistance.

15. Bonding of chairs (if used) in groups of three or more is required when loose seats, folding chairs, or similar seating Is not fixed to the floor, the occupant load Is 200 or more, and tables are not provided.

16. Cooking and heating equipment shall not be located within 1 O feet of exits or combustible materials.

HERITAGE WELLNESS COLLECTIVE Page E-1
13-37

17. Outdoor cooking that produces sparks or grease-laden vapors shall not be performed within 20 feet from a temporary membrane structure, tent, or canopy.

18. LPG containers shall be located outside and be adequately protected and secured.

If LPG used, permit must be obtained from Fire Department.

19.Open flame or other devices emitting flame are not permitted inside or within 20 feet of the tent, canopy, or temporary membrane structure.

20. If a pre-event Inspection or inspector stand-by services are required, fees shall be charged accordingly.

HERITAGE WELLNESS COLLECTIVE Page E-2
13-38

EXHIBIT F

INSURANCE REQUIREMENTS

1. Provision of Insurance. Without limiting Licensee's indemnification of City, and prior to commencement of work, Licensee shall obtain, provide and maintain at its own expense during the term of this License, policies of insurance of the type and amounts described below and in a form satisfactory to City. Licensee agrees to provide insurance In accordance with requirements set forth here. If Licensee uses existing coverage to comply and that coverage does not meet these requirements, Licensee agrees to amend, supplement or endorse the existing coverage.

2. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, wtth an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Gulde, unless otherwise approved by the City's Risk Manager.

3. Coverage Requirements.

A Workers' Compensation Insurance. Licensee shall maintain Workers' Compensation Insurance, statutory limits, and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each accident for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California.

Licensee shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its City Council, boards and commissions, officers, agents, volunteers, and employees.

B. General Liability Insurance. licensee shall maintain commercial general liability insurance, and if necessary excess/umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) general aggregate. The policy shall cover liability arising from bodily injury, property damage, product liability, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed In a business contract) with no endorsement or modification limiting the scope of coverage for liability assumed under a contract. If required, the policy shall be endorsed to include affirmative coverage for Sexual Abuse/Molestation and corporal punishment, or a separate policy shall be obtained with a limit of not less than one million dollars ($1,000,000) per occurrence and three million dollars ($3,000,000) general aggregate.

HERITAGE WELLNESS COLLECTIVE Page F-1
13-39
C.

D.

E.

Automobile Liability Insurance. Licensee shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of Licensee arising out of or in connection with work to be performed under this License, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit each accident.

Professional Liability Insurance. If determined by the City's Chief of Police for Licensee to secure a pr'Ivate security guard or guards, Licensee shall require and verify that contractor(s) maintain professional liability insurance with limit of not less than two million dollars ($2,000,000) per occurrence and four million dollars ($4,000,000) in the aggregate. The policy shall include coverage for assault and battery, abuse and molestation, care custody and control, and false arrest.

Excess/Umbrella Liability Insurance. If any excess or umbrella liability policies are used to meet the limits of liability required by this contract, then said policies shall be "following form" of the underlying policy coverage, terms, conditions, and provisions and shall meet all of the insurance requirements stated in this contract, including, but not limited to, the additional insured and primary & non-contributory insurance requirements stated herein. No insurance policies maintained by the City, whet11er primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Contractor's primary and excess/umbrella liability policies are exhausted.

4. Worker's Compensat'1on Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions:

A. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this License shall be endorsed to waive subrogation against City, its City Council, boards and commissions, officers, agents, volunteers, and employees or shall specifically allow Licensee or others providing insurance evidence In compliance with these requirements to waive their right of recovery prior to a loss. Licensee hereby waives its own right of recovery against City, and shall require similar written express waivers from each of its subcontractors.

B. Additional Insured Status. All liability policies including general liability, excess liability and automobile liability, If required, but not including professional liability, shall provide or be endorsed to provide that City, its City Council, boards and commissions, officers, agents, volunteers , and employees shall be included as insureds under such policies.

HERITAGE WELLNESS COLLECTIVE Page F-2
13-40
C. Primary and Non Contributory. All liability coverage shall apply on a primary basis and shall not require contribution from any insurance or self-insurance maintained by City.

D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar days notice of cancellation ( except for nonpayment for which ten (10) calendar days notice is required) or nonrenewal of coverage for each required coverage.

5. Additional Agreements Between the Parties. The parties hereby agree to the following:

A
B.

C.

D.

E.

F.

Evidence of Insurance. Licensee shall provide certificates of Insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. Insurance certificates and endorsement must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this License. City reserves the right to require complete, certified copies of all required Insurance policies, at any time.

City's Right to Revise Requirements. City reserves the right at any time during the term of the License to change the amounts and types of insurance required by giving Licensee sixty (60) calendar days advance written notice of such change.

Enforcement of License Provisions. Licensee acknowledges and agrees that any actual or alleged failure on the part of City to inform Licensee of non-compliance with any requirement Imposes no additional obligations on City nor does it waive any rights hereunder.

Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all Inclusive, or to the exclusion of other coverage, or a waiver of any type.

Self-insured Retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self­ insurance will not be considered to comply with these requirements unless approved by City.

City Remedies for Non-Compliance. If Licensee fails to provide and maintain insurance as required herein, then City shall have the right but not HERITAGE WELLNESS COLLECTIVE Page F-3

Attachment B
RFP No. 2025-14
13-41

CITY OF NEWPORT
BEACH
REQUEST FOR PROPOSALS NO. 25-14
CORONA DEL MAR CERTIFIED FARMERS’ MARKET

OPERATOR
RFP DUE DATE: Sept
ember 30, 2024 by 1:00PM
RFP ADMINISTRATOR: Jennifer Anderson
[email protected]
Interested par
ties may obtain a copy of this RFP by
accessing the City of Newport Beach portal:
http://www.newportbeachca.gov/bidderportal
1 13-42

TABLE OF CONTENTS
RFP INTRODUCTION INSTRUCTIONS AND TERMS ................................................... 3 INTRODUCTION .............................................................................................................. 4 INSTRUCTIONS .............................................................................................................. 6 TERMS AND CONDITIONS ............................................................................................... 9 SCOPE OF SERVICES ................................................................................................ 13 REQUIRED CITY FORMS FOR BID/PROPOSAL SUBMITTAL................................... 24 BIDDER/PROPOSER INFORMATION FORM ...................................................................... 25 STATEMENT OF COMPLIANCE ....................................................................................... 26 AFFIDAVIT OF NON-COLLUSION AND NON-DISCRIMINATION ............................................ 27

AFFIDAVIT OF N
ON-FEDERAL LOBBYIST REQUIREMENTS CERTIFICATION ......................... 28 VENDOR CONFLICT OF INTEREST DISCLOSURE FORM .................................................... 29 DEBARMENT AND SUSPENSION CERTIFICATION ............................................................. 30

COST FILE ................................................................................................................... 31 SUBMITTAL CHECKLIST AND PROPOSAL FORMAT .............................................. 33 DRAFT AGREEMENT .................................................................................................. 36 2 13-43

RFP INTRODUCTION, INSTRUCTIONS AND

TERMS & CONDITIONS
3 13-44

INTRODUCTION

OBJECTIVE

The City of Newport Beach (“City”) is seeking proposals from qualified proposers interested in providing Comprehensive Management Services for a Community Market in the City of Newport Beach. The selected Market Operator will be responsible for providing services in accordance with the Scope of Services section of the RFP. The objective of this Request for Proposals (“RFP”) solicitation is to identify the highest-qualified proposer to provide these services over the course of a proposed five (5) year contract term with an option to extend for one (1 ) additional five (5) year renewal. The City reserves the right to make multiple awards if doing so serves in the best interest of the City. Final contract terms, including compensation and length of the agreement are subject to final City and/or City Council approval.

BACKGROUND

The City was incorporated September 1, 1906 and the current City Charter was adopted in 1954.

The City operates under a Council-Manager form of government. The City is located in the County of Orange and serves a population of approximately 86,000 people. The City covers an area land of approximately 26 square miles, with an additional 25.5 square miles of ocean, bay, and harbor waters.

The City of Newport Beach owns and/or holds in trust a variety of real property, both income and non-income producing assets. The income producing properties vary in use from residential developments, tidelands with yacht basins and upland office space, to telecommunication sites.

The City’s non-income producing properties also vary in used and include beaches, parks, open space preserves and reservoirs, parking lots, libraries, community, and police and fire station.

DEFINITIONS

The following is an explanation of terms frequently referred to in this document:

 “City”: Refers to the City of Newport Beach.
 “Request for Proposal s (RFP)”: Refers to the solicitation process wherein the City is seeking proposals.
 “Proposal”: The formal response to this solicitation submitted to the City by a Proposer or Proposers.
 “Proposer”: Refers to the individual, partnership, or corporation that is submitting a proposal in response to this RFP process.
 “Project”: The provision of a Community Market, as requested in this solicitation.  “Shall”: Refers to a mandatory requirement.
 “Contractor or Consultant”: Refers to the individual, partnership, or corporation that is awarded a contract by the City upon conclusion of this RFP process.  “Contract” or “Agreement”: A promissory agreement with specific terms between the City and one or more parties that creates, modifies or destroys a legal relation in exchange for consideration.
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 “Project Manager”: The City’s Real Property Administrator, or designee as assigned by the City.
5 13-46

INSTRUCTIONS
RFP REGISTRATION:

All aspects of this RFP will be managed on the City of Newport Beach PlanetBids portal.

Interested proposers are required to register with the City by using the following URL/link:
http://www.newportbeachca.gov/bidderportal
Any and all updates, addenda, questions and answers and changes to this RFP will be distributed through the Portal. The City shall not be held responsible or liable if interested bidders or proposers do not register for this solicitation specifically and miss any information relevant to this RFP.

PREBID MEETING:

Prebid meeting mandatory: Yes
Prebid date and time: September 9 at 11:00AM
Prebid address and location: Public Parking Lot behind Bandera restaurant 3201 East Coast Highway
Newport Beach, CA 92660

Prebid contact: Lauren Wooding Whitlinger
(949) 644-3236
[email protected]

Additional instructions: Please bring company business card

QUESTIONS, ANSWERS AND ADDENDA TO RFP:

Questions are due on Tuesday, September 17, 2024 by 12:00PM. Prior to the RFP submission deadline questions may arise regarding the specifications and procedural or administrative matters. All questions pertaining to this RFP shall be submitted using the City of Newport Beach PlanetBids portal, using the “Q&A” tab within this solicitation. Proposers shall contact PlanetBids for all technical matters related to use and function of PlanetBids ; proposers shall not contact any other City staff with questions. The RFP Administrator will provide formal answers to all questions. Changes to the RFP itself shall only be made by the City via formal written addenda.

Addenda will be published and distributed through the Portal. All addenda shall become a part of the RFP document requiring acknowledgment by the proposer.

It is the sole responsibility of the p roposer t
o ensure that they have received the entire Request
for Proposal s, including any and all questions, answers and addenda by visiting the City of Newport Beach PlanetBids portal.

SUBMITTAL INFORMATION:

Proposals are due Monday, Sept
ember 30, 2024 by 1:00PM. It is the sole responsibility of the bidder to ensure that their bid and/or proposal is submitted through the City of Newport Beach PlanetBids portal before the stated deadline. In the event you encounter any complications with the Portal or require further assistance, please contact PlanetBids support at (818) 992 -1771, 6 13-47
Monday – Friday between 7am – 5pm (PST). The submittal status of a bid and/or p roposal can be checked any time using PlanetBids. The City shall not be held liable for complications arising due to connectivity or network issues. Should you have any questions regarding the RFP or contract process, please reach out to the RFP Administrator below:

RFP Administrator: Jennifer Anderson
Email: [email protected]

PROPOSAL EVALUATION CRITERIA:

Proposals will be evaluated on the basis of the response to all provisions of this RFP. Since this solicitation is an RFP as opposed to a bid, pricing alone will not constitute the entire selection criteria. The City may use some or all of the following criteria and corresponding percentages in its evaluation and comparison of proposals submitted. The criteria listed are not necessarily an all-inclusive list. The order in which they appear is not intended to indicate their relative importance. The City reserves the right to modify the evaluation criteria and percentage of score as deemed appropriate prior to the commencement of evaluation.

PROPOSAL EVALUATION CRITERIA

EVALUATION CRITERION PERCENTAGE OF SCORE
Qualifications and Experience of the Firm 40%
Qualifications and Experience of Key Personnel and
Staffing 25%
Method of Approach / Project Approach 30%
Pricing for Participating Vendors 5%
The following deficiencies may result in a proposal
disqualification, deemed non-responsive or
penalized in the evaluation of the proposal:
• Missing required submittal
documentation.
• Cost File submitted in
Response File.

The following deficiencies may result in a penalty in
the evaluation of the proposal:
• Incomplete submittal
documentation.
• Number of Exceptions
Taken

The City reserves the right to determine whether or not a proposal meets the specifications and requirements of this RFP and reject any proposal that, in the City’s opinion, fails to meet the detail or intent of the requirements. The City reserves the right to reject any and all proposals.

7 13-48

SELECTION PROCESS:

The City shall employ a two-step process to select a contractor for this Project, with an option for a third step, if necessary. In the first step, a panel shall rate all p roposals using the criteria described above . Each criterion shall be assigned a unique scoring weight based on the significance of each criterion to the overall success of the Project. Proposals must earn a minimum of 70% of the available points in Step 1 to advance to Step 2. In the second step, a cost analysis shall be performed on all cost proposals and/or fee schedules received from the proposals. A Ratio of Cost score shall be assigned to each Proposal based on the proposed rates for the requested services, adjusted to reflect a projection commensurate with the anticipated contract term. The City reserves the right to initiate a third step which shall involve a panel intervi ew.

Proposers invited to this third step shall have their panel interviews evaluated and scored, resulting in an adjustment to the Technical Score.

PROJECT SCHEDULE:

The following is a tentative schedule of this entire RFP process. While the City will attempt to apply the necessary resources to maintain this schedule, the following dates are merely projections, and the City reserves the right to modify this schedule as needed to accommodate the completion of this RFP process.

TENTATIVE PROJECT SCHEDULE
RFP Published: August 26, 2024
Mandatory Pre-Bid Meeting September 9, 2024 11:00AM
Questions from Proposers Due: September 17, 2024 by 12:00PM Questions and Answers Posted: September 20, 2024
Proposals Due: September 30, 2024 by 1:00PM
Anticipated Contract Award: October 2024

PROPOSAL FORMAT:

Please refer to the Submittal Checklist and Proposal Format (located in this RFP) section for a comprehensive guide regarding the format of the proposal submittal. 8 13-49

TERMS AND CONDITIONS
I. Acceptance of Terms and Conditions
Submission of a proposal indicates acceptance by the company submitting the proposal of the terms, conditions and specifications contained in this RFP and in the Draft Agreement , unless clearly and specifically stated otherwise in the completed Statement of Compliance.

II. Precedence of Terms and Conditions
All terms and conditions of the Draft Agreement are hereby incorporated into this RFP. In the event of a conflict between a provision in the RFP and the Draft Agreement, Draft Agreement shall take precedence.

III. Public Record
Upon submission of a proposal and other materials for consideration by the City, such proposals and materials shall become the property of the City of Newport Beach. Proposals may be subject to public inspection and disclosure pursuant to state and federal law after the award of a contract for this Project. Prior to the RFP deadline, proposals may be modified or withdrawn by an authorized representative of the proposer by written notice to the Purchasing Office.

IV. Availability of Records
All relevant documents pertaining to this RFP and procurement process shall be made available by the Purchasing Office upon successful conclusion of the entire procurement process.

V. Late Proposals
Any proposal which is not received according to the City’s submission requirements prior to the deadline date and time set forth in this RFP shall not be considered. The City assumes no responsibility or liability for the transmission, delay, or delivery of a proposal by either public or private carriers.

VI. Specificity of Information
No verbal or written information which is obtained other than through this RFP or its addenda shall be binding on the City. No employee of the City is authorized to interpret any portion of this RFP or give information as to the requirements of the RFP in addition to that contained in or amended to this written RFP document.

VII. Errors and Omissions
This RFP cannot identify each specific, individual task required to successfully and completely implement this Project. The City relies on the professionalism and competence of p roposers to be knowledgeable of the general areas identified in the scope of work and to include in their proposals all materials, equipment, required tasks and subtasks, personnel commitments, man-hours, labor, direct and indirect costs, etc. Proposers shall not take advantage of any errors and/or omissions in this RFP document or in the firm’s specifications submit ted with their proposals. Where such errors or omissions are discovered by the City, full inst ructions will be given by the City in the form of an addenda.
9 13-50
VIII. Proposal Validity
Unless otherwise noted by the proposer, all proposals shall be held valid for a period of 180 days.

IX. Right of Rejection
The City reserves the right to : (1) Accept or reject an y and all proposals or any part of any proposal, and to waive minor defects or technicalities in such; (2) Request clarification of any information contained in a proposal ; (3) Solicit new proposals on the same p roject, or on a modified project , which may include portions of the original RFP as the City may deem necessary; (4) Disregard all non- conforming, non-responsive, or conditional proposals, ( 5) Reject the response of any proposer who does not pass the evaluation to the City’s satisfaction, (6) Allow for the correction of errors and/or omissions; (7) Select the proposal that will best meet the needs of the City, and (8) Negotiate service contract and terms with the successful proposer.

X. Right of Rejection of Lowest Fee Proposal
The City is under no obligation to award this project to the p roposer offering the lowest fee proposal. Evaluation criteria expressed in this RFP solicitation shall be used in the proposal evaluation process. In evaluating proposals, the City may consider the qualifications of the proposers and whether the proposals comply with the prescribed requirements. The size and scope of the Project at hand may dictate the degree to which Qualifications-Based Selection processes are utilized.

XI. Non-Compliance
Proposers and/or proposals that do not meet the stated requirements for this Project may be considered noncompliant and may be disqualified, unless such noncompliance is waived by the City. During the evaluation process, the City reserves the right to request additional information or clarification from those submitting proposals, and to allow corrections of errors and/or omissions.

XII. Exceptions to Proposal Requirements
Proposers may find instances where they must take exception with certain requirements or specifications of the RFP and/or Draft Agreement. All exceptions shall be clearly identified using the Statement of Compliance, and written explanations shall include the scope of the exceptions, the ramifications of the exceptions for the City, and a description of the advantage to be gained or disadvantages to be incurred by the City as a result of these exceptions.

XIII. Determination of Responsiveness and Responsibility The City shall have sole authority in determining the responsiveness and responsibility of any and all proposals. For Proposals containing exceptions to specifications and/or requirements, the City shall have sole authority in determining the extent to which exceptions affect the responsiveness and responsibility of any and all proposals.

XIV. Obligation to Award
10 13-51
The City of Newport Beach is not obligated to enter into a Contract or Agreement on the basis of any proposal submitted in response to this RFP. City reserves the right to award multiple contracts for this Project if is deemed most advantageous to the City.

XV. Bidder Reimbursement Prohibition
The City will not pay for any information herein requested, nor are they liable for any costs incurred by any vendors prior to award of a contract or purchase order. The City may require the finalist proposer(s) to provide on- site presentations and demonstrations of the product(s)/service(s) proposed by the proposer(s). All costs associated with the demonstrations or follow-up interviews are the sole obligation of the proposer(s).

XVI. Gratuity Prohibition
Proposers shall not offer any gratuities, favors, or anything of monetary value to any official, employee, or agent of the City for the purpose of influencing consideration of this proposal.

Submission of a Proposal indicates p roposer certifies that they have not paid nor agreed to pay any person, other than a bona fide employee, a fee or a brokerage resulting from the award of the contract.

XVII. Contact with City Personnel or Entities
Questions related to the RFP procurement process, proposal evaluation process and proposal selection process, the RFP Administrator is to serve as the primary point of contact.

Proposers shall not contact any City personnel or the RFP Administrator or those from the City’s P urchasing Office for matters regarding this Project until conclusion of the entire procurement process, which shall be defined as Agreement Award. Unauthorized contact may result in disqualification of proposals.

XVIII. Indemnification
Proposer, at its own expense and without exception, shall i ndemnify, defend and pay all damages, costs, expenses, including attorney fees, and otherwise hold harmless the City, its employees, and agents, from any liability of any nature or kind in regard to the delivery of these services. Submission of a Proposal indicates proposer waives the right to claims for damages of any nature, whatsoever, based on the Proposal solicitation and/or selection process.

XIX. Insurance Requirements
The selected Contractor(s) for this Project shall furnish proof of insurance in accordance with the specific types and limits set forth in the insurance exhibit to the Draft Agreement after the Notice of Intent to Award is issued. Contractor(s) shall be considered ineligible for the contract award if the insurance requirements are not met.

In addition to the standard requirements of general liability, auto liability and workers’ compensation, the City will require professional liability/errors and omissions insurance for this agreement.

Any self-insured retentions (“SIR”) must be declared to and approved by the City. The City reserves
the right to require that an SIR be eliminated, lowered, or replaced by a deductible.

The proposal should disclose the value and type of self-insurance, if any. 11 13-52
Insurance reviews are conducted through a third party, via an online portal called Ebix. It is required that the selected Contractor(s) maintain the insurance coverage through Ebix.

XX. Compliance with All Applicable Laws
Proposer declares that it shall comply with all licenses, statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted, including, but not limited to, appropriate Contractor licensing, permits and business licensing.

XXI. Inclusive Proposal Pricing
Proposal pricing shall include any and all applicable licenses, insurance coverage, endorsements, bonding and if necessary, any wage compliance deemed necessary to perform the Work or Services as part of the Project described in this RFP. City will not be responsible for reimbursing Contractors for any charges not included in the p roposal pricing that are incurred in securing these requirements.

XXII. Subcontractor/Joint Ventures
The selected Contractor shall be the Prime Contractor performing the primary functions of the Agreement. If any portion of the Agreement is to be performed by a subcontractor, this must be clearly set forth in the proposal submittal as to what part(s) is/are to be delegated. The City reserves the right to reject any proposal wherein use of sub contractors significantly affects the ability of the p roposer to function as the Prime Contractor on the awarded Agreement. The Prime Contractor will at all times be responsible for the acts and errors or omissions of its subcontractors or joint participants and persons directly or indirectly employed by them. Acceptance or rejection of a proposer’s request to use subcontractors is at the sole discretion of the City.
12 13-53

SCOPE OF SERVICES
13 13-54
Objective:

Market Operator shall provide the following services to the City, under the direction of the Community Development Department, which shall identify specific tasks, deliverables, and deadlines on an as-needed basis.

The City of Newport Beach is seeking proposals from qualified proposers interested in providing comprehensive Management Services for a Community Market. The selected Market Operator will be responsible for providing services in accordance with the Scope of Services section. The objective of this Request for Proposals (“RFP”) solicitation is to identify the highest -qualified proposer to provide these services over the course of a proposed five (5) year contract term with an option to extend for one (1) additional five (5) year renewal. The City reserves the right to make multiple awards if doing so serves in the best interest of the City. Final contract terms, including compensation and length of the agreement are subject to final City and/or City Council approval.

Contract Term: Five (5) years with an option to renew for one (1) additional five (5) year term at the discretion of the City Manager, unless terminated earlier as set forth herein.

Minimum Qualifications:
• A t least five (5) years of experience delivering community markets and/or certified farmer’s market for local governments.
• Have qualified personnel who have prerequisite knowledge and experience. • Have at least three satisfactory references for similar services within past three (3) years OR have performed satisfactory work for City within past three (3) years. o The City of Newport Beach reserves the right to contact any of the organizations or individuals listed. Information provided should include:

A. Client Name
B. Project Description
C. Project Start and End Dates
D. Client Project Manager’s Name, Telephone Number and Email Address

• Provide a list of previous markets, including the names of key staff that participated on the named projects and their specific responsibilities with respect to this scope of work. • Provide a summary of the individual’s or firm’s demonstrated capability, experience developing, managing and/or operating community and/or famers’ markets, including the length of time services were provided.
• Meet the insurance requirements detailed in this RFP document.

Note that any unsatisfactory references or unsatisfactory work performance with the City may eliminate the proposer from further consideration.

Proposers who do not meet the Minimum Qualifications may be disqualified.

Description:

The City of Newport Beach intends to obtain the services of a qualified Market Operator to oversee all aspects of the community m arket, from inception to annual operations/management of the market. The Market Operator shall utilize best industry practices and/or best management 14 13-55
practices, which may require additional services not explicitly enumerated. Proposed shall identify any additional services and explain them in their response.

Scope of Work for Community Market

TASK 1 – DETAILED WORK PLAN:

The City of Newport Beach aims to present a high-quality, family-friendly community market. The selected Market Operator shall provide a comprehensive Detailed Work Plan, including, but not limited to, the following key components:

1. Family-Friendly Programming:

• Organize weekly family-friendly games and programming, special events for holidays, and engage with schools and the community. Regularly scheduled pop-ups should be advertised to keep the market fresh and inviting.

2. Music

• E ngage in local performers and school bands that draw their own supporters and patrons to the market.

3. Vendors

• Vendors should be a mix of food (prepared and produce from certified farmers’) and non- food vendors. Local businesses shall get a discounted rate to participate as a market vendor.

4. Detailed Proposed Site Plan:

• A comprehensive vendor location plan, including the anticipated event circulation pattern and the suggested maximum capacity of community market vendors each week. • The site plan should take State of California rules and regulations regarding certified farmers’ markets into consideration. Local fire department regulations should also be followed to ensure tent sizes and spacing do not present a public hazard. • Under the terms of the Agreement, the Contractor shall be responsible for obtaining and maintaining any necessary permits related to the market layout and spacing, which may be required by the fire department.
• Contractor may use the portion of Larkspur Avenue between the public parking lots (as shown on the Attachments listed below, to facilitate the best layout for the community market. The public street may be closed to vehicle through traffic for the duration of the community market each week.

5. Operational Guidelines/Rules for the Community Market:

• A proposed set of Operational Guidelines/Rules for the community market.

6. Typical/Standard Operation Schedule:

15 13-56
• A proposed standard operating schedule for community market events, including but not limited to:
o Vendor Set-Up Time
o Vendor Clean-Up/Breakdown Time
o Street Closure Guidelines

7. Staffing Plan:

• A detailed staffing plan for managing the market each week, designating a community market manager on-site during market operations to ensure adherence to the contractual agreement between the Market Operator and the City.

8. Information Tent

• Provide an information tent to allow customers and visitors an opportunity for the Market Operator to answer questions and take suggestions on potential new vendors.

9. Trash and Recycling Plan:

• A comprehensive trash disposal and clean-up plan.

10. Proposed Signage for the Site:

• Provide all required signage by State and County Agriculture and Environmental Health.

At least two banners identifying the community market must be displayed. Street closure signage must also be provided by the Contractor, and the location of such signage identified on the proposed site plan.

11. Social Media Presence:

• E stablish and maintain a social media presence, including but not limited to Instagram and Facebook.

12. Restrooms:

• P rovide restrooms and washing stations.

TASK 2 – ANNUAL OPERATING/MANAGEMENT SERVICES:

The Market Operator’s ongoing responsibilities shall include the following:

1. Certification and Licensing:

• A pply for and pay all fees related to certification and licenses from regulating agencies, including County and State Agriculture and Environmental Health. The Market Operator will also obtain a City business license and provide copies of any required permits from local, county, or state health, agriculture, and/or safety agencies. The Market Operator will be responsible for ensuring all vendors also comply with the applicable local, county, or state health, agriculture, and/or safety agencies.

16 13-57

2. Setup, Operation, Maintenance, and Clean-Up:

• R esponsible for setup, operation, maintenance, sanitation, and cleanup of the community market, including vendor placement according to the approved site plan. The Market Operator shall maintain the market area in a clean and orderly fashion during and after market hours, following guidelines set by the Orange County Health Department and the City.

3. Vendor Participation:

The market must maximize the number of vendors participating in each event, taking into account vendor spacing requirements, fire department permitting requirements, market amenities (like an information tent and restrooms ), and will ideally include at least forty (40) vendors per event.

4. Event Presentation:

• Ensure the market is clean, safe, and presentable. Vendors must be grouped according to State regulations and responsible for their own setup and teardown. Management must ensure vendors set up on time and maintain booths free of tripping hazards, display legal signage and licenses, and comply with fire code regulations.

5. Vendor Recruitment and Compliance:

• The Market Operator shall recruit and retain vendors . The Market Operator shall verify that all vendors considered certified farmers’ market vendors are "certified producers" or "producers" as defined by California regulations, and ensure vendors adhere to all applicable product quality rules.
• Vendors not considered “certified producers” shall also adhere to all applicable federal, state, and local laws and regulations, including obtaining a business license and complying with health and safety requirements.

6. Liability and Permits:

• Obtain a completed Liability Release Statement from each vendor before participation.

Provide a current roster of vendors annually.

7. Adherence to Regulations:

• Ensure operations comply with California Code of Regulations Title 3, Section 1392.1, et seq., and guidelines from the State Department of Agricultural marketing plan. Abide by all federal, state, and local laws, rules, regulations, and City policies.

8. Safety and Security:

• Implement specific security measures as required by City departments. Prevent unauthorized vendor participation without approval.

9. Marketing and Outreach:

17 13-58
• Develop and implement a marketing and promotional program in collaboration with the City. Design and distribute marketing materials and operate a website for market activities.

Ensure vendors post and tag the market on social media.

TASK 3 – FEES, FINANCIAL TERMS AND RESTRICTIONS:

1. License Fee:

• The Market Operator shall pay the City Five Hundred Dollars ($500) per month, due on the first of each month. The License Fee shall be prorated for partial months.

2. Late Payment:

• A late charge of ten percent of the overdue amount will be applied if the License Fee is not paid within thirty days of the due date.

3. Annual Adjustment:

• The License Fee will be adjusted annually based on the Consumer Price Index (CPI) for the Los Angeles -Riverside-Orange County Metropolitan Area, with a maximum annual increase of 2.5%.

4. Prohibited Items:

• The sale of alcohol, tobacco, CBD, or cannabis -related products is not allowed. All vendors must supply their own equipment and use designated parking areas. Vendors must ensure trip guards are used for cables and provide portable generators if necessary.

ATTACHMENTS
The following pages contain attachments relevant to this project and RFP. They are as follows:

1. Location Map: Corona Del Mar community market – public parking lot at Bayside Drive and Marguerite Avenue, and a portion of Bayside Park. The market should span the following lots: (i) property at the southwest corner of Bayside Drive and Marguerite Avenue (behind Bandera Restaurant located at 3201 Coast Highway E), (ii) the property at the southwest corner of Bayside Drive and Larkspur Avenue (behind the Rite Aid Pharmacy located at 3141 Coast Highway E), and (iii) the property at the southeast corner of Bayside Drive and Jasmine Avenue (which is a portion of Bayside Park).
18 13-59

2. Sample Market Layout

19 13-60

20 13-61
Key:

Blue oudine - \lendor iet-up

21 13-62
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, ,~I'
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irx
rX
~
~"o,. q,.

J'1»,,
j ~ ,
0 II
t -
Key:

F=1 farmell"lvendor
X-numbeir of !ent5
per farmer

22 13-63
ey:

F= 1 farmer/vendor
x~number o rtents.
per farmer
FXX

23 13-64
Key:

Fc1 farmer/vendor
... , .. ~
X=nurnber oftents
't~ per farme1
/ ~\. ,· ..
i;µ
11:µi1 F:<
FXK F.JOC.
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REQUIRED CITY FORMS FOR

BID/PROPOSAL SUBMITTAL
A bid/proposal that does not
include the completed and
signed forms from this
section shall be deemed
incomplete and materially
nonresponsive, and shall
not be considered.
24 13-65

BIDDER/PROPOSER INFORMATION FORM

BIDDER/PROPOSER CONTACT INFORMATION
Bidder/Proposer Firm Name:

Address for Notices:

City: St ate: ZI P Code:

Main Contact Name and Title:

Email:

Telephone: Fax:

BIDDER/PROPOSER SIGNATURE AUTHORIZATION AND CERTIFICATION Per the California Corporate Code, Business and Processions Code, the Bidder's/ Proposer’s Bylaws/Operating Agreement and/or the attached Board Resolutions (if applicable), I/we hereby verity that I/we am/are (an) authorized signatory(ies) for the aforementioned Bidder/Proposer and as such am/are authorized to sign and bind the Bidder/Proposer to contract with the City of Newport Beach.

Date:(1) Signature: ___________________________ ________________________ Title:(1) Print Name: ___________________________ ___________________________ Date:(2) Signature: ___________________________ __________________________ BIDDER/PROPOSER AUTHORITY IS PROVIDED IN ACCORDANCE WITH:
(2) Print Name: ___________________________ Title: ___________________________ Copy Attached
Copy Attached Board Resolution
Corporate or Business Professions Code **
Bidder/Proposer's Bylaws/Operating Agreement Section:_________ ** If Bidder/Proposer is a corporation, two (2) authorized signatures will be required on all documents submitted, unless specified in the organization’s Bylaws or corporate resolution.

IMPORTANT NOTE: If the signature au
thorization status of any individual changes during the term of the contract, it is
the responsibility of the Bidder/Proposer to contact the RFP Administrator regarding the change and to complete and submit a new Bidder/Proposer Information Form.

Incorrect information on file may
delay the processing of any of the documents submitted. 25 13-66

STATEMENT OF COMPLIANCE
The undersigned declares that the Proposal submitted to prepare an environmental impact report (EIR) related to proposed
surf farm project, as described in, and in response to City of Newport Beach RFP No. 25-14 was prepared in
strict compliance with the instructions, conditions,
and terms listed in the RFP, Scope of Services and Draft Agreement, with exceptions listed below, if applicable. At least one box for each item must be checked.

RFP Instructions and Terms & Conditions (Check One)
Exceptions Taken
Exceptions Taken
No Exceptions Taken
Scope of Services (Check One)
No Exceptions Taken
Insurance Requirements (Check One)
No Exceptions Taken Exceptions Taken
If
any exceptions are taken, this Statement of Compliance shall include a narrative that identifies each item to which the Bidder/Proposer is taking exception or is recommending change, including
the suggested rewording of the contractual obligations or suggested change in the RFP, and identifies the reasons for submitting the proposed
exception or change. When available, please
reference specific line item numbers as provided in the RFP. The City reserves the right to rule as
non-responsive and reject any Proposals that are not accompanied with the required documentation as described above.

Signature Date
Print Name Title
[Attach a separate sheet(s) detailing each exception being taken, if applicable] No Exceptions for Changes to the Draft Contract Agreement Terms and Conditions Shall be Allowed
Acknowledgment
26 13-67

AFFIDAVIT OF NON- COLLUSION AND NON -DISCRIMINATION
I hereby swear (or affirm) under the penalty of perjury:

That the attached bid/proposal has been prepared by the bidder/proposer independently and has been submitted without collusion with and without any agreement, understanding, or planned common course of action with any other firm or entity designed to limit fair and open competition; That the contents of the bid/p
roposal response have not been communicated by the bidder/proposer or its employees or agents to any person not an employee or agent of the bidder/proposer and will not be communicated to any such persons prior to the official opening of the solicitation responses; and The bidder/proposer does not and shall not discriminate, will provide equal employment practices, and will adhere to an affirmative action program to ensure that in their employment practices, persons are employed and employees are treated equally and without regard to or because of race, religion, ancestry, national origin, sex, sexual orientation, age, disability, marital status or medical condition.

I certify that the statements i
n this affidavit are true and accurate.

Signature Date
Print Name Title
27 13-68
Name of Firm: Date: ________________
Address: ________________________________________________ State: Zip Code: Phone No.:

1. No Federal appropriated funds have been paid, by or on behalf of the above named firm to any person for influencing or attempting
to influence an officer or employee of any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in
connection with the awarding of any Federal c ontract, the making of any Federal grant, loan or cooperative agreement, and any
extension, continuation, renewal, am endment, or modification thereof, and;

2. If any funds
other than
Federal appropriated funds have paid or will be paid to any person for influencing or attempting to influence an officer or employee or any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or
cooperative agreement, the above named firm shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activites", in accordance with its instructions, and:

3. The above-na med firm shall require that the language of this certification be included in the award documents for all sub
-awards at all tiers (including subcontracts, sub-gr ants, and contracts under grants, loans, and c
ooperative agreement) and that all sub-re cipients shall certify and disclose accordingly.

This
certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or
entering into the transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to
file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

AFFIDAVIT OF NON-FEDERAL LOBBYIST REQUIREMENTS CERTIFICATION Acting on behalf of the above-named firm, as its Authorized Official, I certify as follows:

Signature Date
Print Name Title
28 13-69
All vendors interested in conducting business with the City of Newport Beach must complete and return the Vendor Conflict of Interest Disclosure Form in order to be eligible to be awarded a contract.

Please note that all vendors must comply with the conflict of interest policies stated below.

Failure to disclose potential conflicts of interest shall result in disqualification from doing business with the City.

The vendor named below has none of the following conflicts of interest:

1. No City of Newport Beach official or employee or City of Newport Beach employee’s immediate family member has an ownership interest in vendor’s company or is deriving pers onal financial gain
from this contract;

2. No retired or separated City of Newport Beach
official or employee who has been retired or
s
eparated from the organization
for less than one (1) year has an ownership interest in vendor’s company;

3. No City of Newport Beach official or em
ployee is contemporaneously employed or prospectively to be em
ployed with the vendor; and

4. Vendor hereby declares it has not and will not prov
ide gifts or hospitality of any dollar v
alue or any
other gratuities to any City of Newport Beach official or employee to obtain or maintain a contract.

I certify that the information provided is true and correct by my signature below:

Vendor Name Vendor Phone Number
Conflict of Interest Disclosure
Name(s) of City of Newport Beach employees,
elected officials, or immediate family members with
whom there maybe a potential conflict of interest.

Relationship to employee _______________
Interest in vendor’s company ____________
Other ______________________________
If a vendor has a relationship with a City of Newport Beach official or employee or an immediate family member of a City of Newport Beach official or employee, the vendor shall disclose the information required below.

VENDOR CONFLICT OF INTEREST DISCLOSURE FORM
Signature Date
Print Name Title
29 13-70
Name of Firm:

I, the undersigned, a duly authorized representative of the above-named firm (“Consultant”) to the best of my knowledge and belief, certify as follows:

Consultant, including its principals:

1. Is
not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any
federal department or agency,
and not does not have a proposed
debarment pending;

2. Has not within the three-year period pr
eceding this certification been convicted of
or had a civil judgment rendered against it
for commission of fraud or a criminal offense in
connection
with obtaining, attempting to obtain, or performing a public (federal, state or local)
transaction, contract, or subcontract under a public transaction; for violation of federal or
state antitrust statutes; or f
or commission of embezzlement, theft, forgery,
bribery, falsification or destruction of records, making false statements or receiving stolen property;

3. Is not pr
esently indicted for or otherwise
criminally or civilly charged by a governmental
entity (federal, state, or local) with commission of
any of the offenses enumerated in
paragraph (2) above;

4. Has not within the three-year period preceding this certification had one or more public transactions (federal, s tate or local) terminated for cause or default; and

5. Consultant further certifies that Consultant, including its principals, is not listed on the
government-wide exclusions in the System for Award Management (SAM.gov).

DEBARMENT AND SUSPENSION CERTIFICATION
I acknowledge that falsely providing this certification may result in criminal prosecution or administrative sanctions, and that this certification is a required component of all proposals in response to this RFP.

A proposal that does not
include a completed and signed version of this
certification will be deemed incomplete and materially nonresponsive, and will not be considered.

Signature Date
Print Name Title
30 13-71
One of the mandatory attachments that the PlanetBids portal will prompt you for is called a “Cost File.” Please upload this document to satisfy the requirement.

DO NOT INCLUDE A COPY OF YOUR COST FILE WITH THE MAIN PROPOSAL FILE. Failure to comply with directions may result in a penalty during the evaluation of the proposal.

COST FILE INSTRUCTIONS
A. All work shall be performed in accordance with specifications as described in the RFP.

B. Please enter your proposed pricing in the spaces provided below.

C. Pricing provided in this Cost File will assist in the determination of the contract award.

Unreasonable prices may result in rejection of the entire bid proposal. The City reserves the right to request changes and/or negotiate any Cost File as needed to complete the award process.

D. Proposer shall submit a fixed price Cost File for the entire duration of a five (5) year contract term with an option to extend for one (1 ) additional five (5 ) year term.

Proposers are encouraged to provide their best pricing. Once the RFP is closed, the City will not accept a revised price unless clarification is requested by the RFP administrator.

E. Pricing provided shall include any and all labor; materials; equipment; supervision; travel and expenses; inflation/increases (outside of any agreed upon CPI adjustments); and insurance to provide the services as described in the RFP.

F. Proposers shall not modify any content in this document and shall only provide responses within the boxes provided.

G. Proposer shall be solely liable for compensation due to employees and adhere to all minimum wage requirements and overtime guidelines. Proposer shall consider the State of California mandate and provide a cost proposal accordingly to ensure minimum wage requirement is met each year of the resultant contract.

H. The Cost File shall be valid for 180 calendar days from the closing date of the RFP. If the offer is accepted within that time period, the Proposer agrees to provide all services and items as stipulated in the RFP and any accompanying addenda.

31 13-72

Other Costs: In the space below, please indicate any other costs that may be associated with providing the requested services in this RFP that are not included in the table above. The costs provided in this section will not be used to assist in the determination of the contract award.

Should additional space be required, use a separate page(s) and attach as part of the Cost File.

The undersigned certifies that submission of this Proposal is made without prior understanding, arrangement, agreement, or connection with any corporation, firm or person submitting a Proposal for the same services, and is in all respects fair and without collusion of fraud. The undersigned certifies that they have not entered into any arrangement or agreement with any City of Newport Beach public officer. The undersigned understands collusive practices are a violation of State and Federal law and can result in fines, prison sentences, and civil damage awards.

__________________________________________ ____________ Proposer Signature Date
__________________________________________
Printed Name and Title
32 13-73
The Submittal Checklist and Proposal Format is used to help proposers minimize the risk of a proposal being penalized, disqualified or deemed non-responsive. Please review the Evaluation Criteria, Scope of Services and utilize the Submittal Checklist Proposal Format to build a complete RFP document for submittal.

1. PRE-PROPOSAL REQUIREMENTS

REGISTER ON CITY OF NEWPORT BEACH PLANETBIDS PORTAL AND

DOWNLOAD DOCUMENTS
Visit http://www.newportbeachca.gov/bidderportal to register for this RF P and download all documents.

2. PROPOSAL FORMAT

Click on the “Place eBid” button (located in the bottom right hand corner of the screen) to start submitting your proposal. After you complete the “Detail” tab with your information, click on the “Attachments” tab, which will prompt you to attach each of the following items that is accompanied with a checkbox:

RESPONSE FILE
For the Response File, please upload a document that addresses the following areas:

• QUALIFICATIONS AND EXPERIENCE OF THE FIRM
A statement shall summarize key elements of the proposal and highlight your firm’s qualifications as they relate to this project and these services requested.

The Statement of Qualifications should demonstrate to the City that you possess the experience and qualifications to provide the services requested.

o REFERENCES/RECENT PROJECT HISTORY
Provide at least three (3) references for which your firm has performed similar services. Provide a brief synopsis of the services performed and contact information for each reference. Emphasis will be placed on references that are local government entities. The City reserves the right to contact any references provided.

• QUALIFICATIONS AND EXPERIENCE OF KEY PERSONNEL
Identify key personnel from your firm, including specific management personnel that would be assigned to this Project, if any. Any and all Prime Contractor and Subcontractor relationships and responsibilities must be detailed. If you are not utilizing subcontractors, please provide a narrative confirming this. Identify the City’s primary point(s) of contact for service requests.

33 13-74
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• METHOD OF APPROACH / PROJECT APPROACH
Confirm that you can perform all services requested in the Scope of Services .

If there are any items that cannot be performed, please indicate as such in your response. The response in this section should demonstrate relevant subject matter expertise and convey confidence that you can successfully perform all requested services. If applicable, insert a schedule/implementation timeline.

Please organize your submittal to specifically respond to the tasks outlined in the Scope of Services, including:

Task 1 – Detailed Work Plan
Task 2 – Annual Operating/Management Services
Task 3 – Fees, Financial Terms and Restrictions

The information requested above is intended as a baseline minimum in order to give the evaluation panel an understanding and familiarity with your operations. If you have more information that can help the panel assess your experience and qualifications for this project, please include it in the Response File.

3. ADDITIONAL DOCUMENT DOWNLOADS, ACKNOWLEDGEMENT, AND

SUBMISSION

Detailed Proposed Site Plan

4. COST FILE

One of the mandatory attachments that the PlanetBids portal will prompt you for is called a “Cost File.” This requirement can be satisfied by completing and uploading the Cost File. The Cost File is either attached as part of the RF P or satisfied by following the requirements requested in the Scope of Services.

DO NOT INCLUDE A COPY OF YOUR COST FILE WITH THE MAIN PROPOSAL FILE. Failure to comply with directions may result in a penalty during the evaluation of the proposal.

5. REQUIRED SUBMITTAL DOCUMENTS

BIDDER/PROPOSER INFORMATION FORM

STATEMENT OF COMPLIANCE

34 13-75
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□
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□-----

AFFIDAVIT OF NON-COLLUSION AND NON-DISCRIMINATION

AFFIDAVIT OF NON-FEDERALIST LOBBYIST REQUIREMENTS

CERTIFICATION

VENDOR CONFLICT OF INTEREST DISCLOSURE FORM

DEBARMENT AND SUSPENSION CERTIFICATION

6. SUBMISSION INSTRUCTIONS

DOWNLOAD AND ACKNOWLEDGE ADDENDA (IF APPLICABLE)
If issued for this RFP, the Portal will prompt you to download any active addenda.

Such addenda will need to be electronically acknowledged before your proposal is accepted. If your proposal is submitted before an addendum is issued, you will be prompted to log back into the Portal and acknowledge outstanding addenda.

ELECTRONICALLY TRANSMIT THE PROPOSAL USING THE CITY OF

NEWPORT BEACH PLANETBIDS PORTAL
Click on the “Submit” (green) button to finalize and submit your proposal to the City.

35 13-76
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□-----------
□ ----------
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36 13-77

REVOCABLE LICENSE AGREEMENT

BETWEEN THE CITY OF NEWPORT BEACH

AND - FOR

TEMPORARY USE OF CITY PROPERTY

FOR CORONA DEL MAR CERTIFIED FARMERS' MARKET

THIS REVOCABLE LICENSE AGREEMENT FOR TEMPORARY USE OF CITY PROPERTY FOR A CERTIFIED FARMERS' MARKET ("license") is made and entered into as of thi~ day of ("Effective Date"), by and between the CITY OF NEWPORT BEACH. a California municipal corporation and charter city ("City"), and "licensee") , and is made with reference to the following:

RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of the City.

B. A certified tanners' market Is defined by the California Code of Regulations as a location approved by the county agricultural commissioner of the county where agricultural products are sold by producers or certified producers directly to consumers or to individuals, organizations, or entities that subsequently sell or distribute the products directly to end users. A certified tanners' market may only be operated by one or more certified produoers, by a nonprofit organization, or by a local government agency (3 CCR § 1392.2(a)).

C. licensee is a producer and has operated a certified fanmers' market, in accordance with t he Food and Agriculture Code Section 47000 et seq. (implementing regulations) and California Code of Regulations, Title 3, Section 1392, e l seq. {hereinafter "Certified Fanmers· Marker) In Newport Beach since 1996.
0 . licensee has requested that he be allowed to continue to operate the Certified Fanners' Market In Corona del Mar on Saturdays.

E. In accordance with City Council Policy F-7. whenever an open bid process is not conducted prior to entering a license agreement for City property, the City shall make specific findings setting forth the reasons thereof. The City finds that converting the property to another use or changing the licensee of the property would result in excessive vacancy, which would outweigh other financial benefits and the use of t he property provides an essential or unique service to the community that might not otherwise be provided were full market value of the property be required.

F. In consideration of the mutual promises and obligations contained in t his Agreement, the receipt and sufficiency of which i s hereby acknowledged, City 37 13-78
hereby grants to Licensee the revocable right to temporarily occupy and use the License Area, and Licensee accepts the same on t he following terms and conditions.

NOW, THEREFORE. it is mutually agreed by and between the undersigned parties as follows:

1. LICENSE

1.1 City grants a non-exclusive license ("License") lo Licensee for the term or this Agreement for Licensee to use 1he City owned public parking lot located at the comer of Marguerite Avenue and Bayside Drive as well as the smaller municipal lot across and including a portion or Larkspur Street, in Corona del Mar, Newport Beach ("License Area"). as further depicted oo Exhibit A. which Is auached hereto and lncorporatecl herein by reference, on Saturdays for a Certified Famers' Market.

1.2 The License granted herein is subject lo the terms, covenants and condttions hereinafter set forth, and Licensee covenants, as a material part of the consideration for this License, to keep and perform each and every term, covenant and condition of this Agreement.

2. USE OF THE LICENSE AREA
Licensee's use of the License Area shall be limited to the terms or this Agreement. Use of area outside the License Area shall not be allowed without prior written consent of the City.

3. PERMITS AND LICENSES

3.1 Licensee, at its sole expense, shall obtain and maintain during the term of this Agreement, all appropriate permits, llcenses and certifications that may be required by any governmental agency, Including without llmltatlon those permits as may be issued by the State of California, Department of Agriculture, the Orange County Agricultural Commissioner, the O range County Heatth Department and the City of Newport Beach to operate a Certified Farmers' Market

3.2 License shall provide the License Administrator, as defined in Section 10 below, with a copy of all required permits, licenses and certificates that may be required by Licensee.

4. TERM

4.1 The term of this License shall commence on the Effective Date and shall continue until , with the option to renew for one (1) additional five (5) year term at the discretion of the City Manager, unless terminated earlier as set forth herein.

4.2 The City Manager may renew this License for one (1) additional five (5) year term if it is determined that (i) t he terms of the Agreement have been complied - 1112
38 13-79
with; (Ii) a copy of all required license, permits and certificates are on file with th e City's Real Property Administrator, and (iii) the use by Licensee is not causing a negative impact on surrounding properties and uses. Any renewals approved pursuant to this Section must be In writing and approved as to form by the City Attorney for the City.

5. FEES

5.1 Licensee shall pay the City and )
per month ("License Fee"), which amount s dua and payable on the first of each month (the "Due Date"), commencing on The License Fee shall be pro- rated in the event of a partial month's use of the License Area.

5.2 If Licensee rails to pay the License Fee within thirty (30) days or the Due Date, L.lcensee shall pay a late charge In an amount equal to ten percent (10%) of the amount that was not timely paid by the Licensee.

5.3 Upon the first anniversary of the Effective Date and upon each anniversary of the Effective Date thereafter, the License Fee shall be adjusted in proportion to changes in the Consumer Price Index, subject to the maximum adjustment set forth below. Such adjustment shall be made by multiplying the license Fee by a fraction, the numerator of which ls the value o f the Consumer Price Index for the calendar month three (3) months preceding t he calendar month for which such adjustment is to be made, and the denominator of which is the value of the Consumer Price Index ror the same calendar month Immediately prior to Effeetive Date. The Consumer Price Index to be used in such calculation Is the "Consumer Price Index, All Items, 1982•84=100 for All Urban Consumers (CPI-U)", for the Los Angeles-Riverside­ Orange County Metropolitan Area, published by the United States Department of Labor, Bureau of Labor Statistics. If both an official Index and one or more unofficial indices are published, the official index shall be used. If said Consumer Price Index is no longer published at the adjustment date, tt shall be constructed by conversion tables included in such n ew index. In no event, however, shall the amount payable under this , - ;,.t ;..t t· ,t, 1 · " I . · •• I " l" "l 11 11:,1 •; I ::,. ., I • • 1

6. PURPOSE OF THIS LICENSE
The purpose of this License is to allow for the operation of a Certified Farmers' Market within the License Area as depicted on Exhibit A Use of any area outside the License Area shall not be permitted unless prior written consent is provided by the City.

Licensee agrees to use the License Area only for the activities described herein, and not to use or permit the use or the License Area for any other purpose without first obtaining the prior written consent of City, which consent may be withheld in Ctty's sole discretion.

Page3
39 13-80

7. CONDITIONS OF LICENSE
Licensee shall comply with lhe following conditions prior to the commencement of use of the License Area:

7.1 Licensee shall procure and maintain any and all required licenses, pemiits and certifications to operate the Certified Famiers' Market in accordance with Section 3 above.

7.2 Licensee shall submit for review and obtain approval ror all advertising and directional signage rrom the City's Public Works Department and Community Development Department.

7.3 The Licensee shall work with adjacent commercial properly owners to reach agreement over the use of parking facilities or develop a shared use parking plan, as determined and approved by the City's Community Development Director. City Staff may assist in obtaining approval.

7.4 Licensee shall submit a site plan and/or floor plan showing the layout of the Certified Famiers' market sales areas, for review and approval by the City's Community Department and Public Works Department. U the C ity's Community Developmem and Public Works Department detemiine that it is necessary, the Licensee shall obtain building permits and/or any other pem,its required for any proposed improvements.

8. CONDITIONS OF OPERATION
Licensee shall comply with the following conditions of operation during use of the License Area:

8. 1 License may utilize the License Area on fro •
Set up activities for the Certified Famiers· M
rtified Farmers' Market may operate each
spectivety. Licensee shall ensure lhat the License Area is returned, clean and free of debris, to its original condition no later than - on the same day. City reserves the right to modify the hours of set up and operation, in the City's sole discretion.

8.2 Licensee shall be present during each and every Certified Farmers' Market from commencement of set up to the completion of clean up. On any occasion when Licensee cannct be present during the operation of a Certified Farmers· Market, Licensee may provide a substitute quaflfied person to manage the operations, subject to prior written approval of the City.

8.3 The storage of materials is expressly prohibited in the License Area beyond the approved hours of use of lhe License Area.
- Page4
40 13-81

8.4 Licensee shall recrutt and retain vendors for the Certified Farmers· Mar1<el and verify that all individual vendors are ·certified producers· or '"producers· within the meaning of California Code of Regulations Title 3, Sections 1392.2(d) and 1392.2(e) and ensure that vendors adhere to all applicable rules and regulations concerning product quality and that the products offered for sale by vendors are pest and disease free.

8.5 Licensee shall obtain a completed Liability Release Statement from each vendor, prior to the vendors participation in any Certified Farmers' Mar1<el, in the form of Exhibit B, which is attached hereto an incorporated herein by reference. Licensee shall not allow any person or organization to participate in the Certified Farmers' Mar1<el until a completed application and Liabiltty Release Statement is received by the City.

8.6 Licensee shall annually, upon t he anniversary of the Effective Date. provide to the City a current roster of vendors.

8.7 vendors shall display and/or sell products al the
Certified Farmers' Market. No additions, enlargements or modifications of uses or structures within the License Area shall be allowed without prior approval of the City.

8.8 Licensee shall be responsible for setup, operation, maintenance, sanitation and clean up of the Certified Farmers· Mar1<et. Set up shall Include placement of vendors in accordance wtth the approved site plan. Licensee shall be responsible for maintaining the License Area in a clean and orde~y fashion during the approved hours of use of the License Area by prov1ding routine removal of foreign material, waste a nd debris from the License Area. After the completion of each Certified Farmers' Mart<et, Licensee shall be responsible for prope~y disposing of all trash that has accumulated from the operations of the Certified Farmers' Market.

Maintenance, sanitation and clean up shall be conducted within such rules and guidelines as may be promulgated by the Orange County Health Department and the City.

8.9 Operations shall be conducted in accordance wilh California Code of Regulations Tille 3, Section 1392.1, et seq., and within the guidelines set forth in the State of California Department of Agricultural mar1<eling plan.

8.10 All loading and unloading of merchandise, vendor booths and other related improvements shall take place within the License Area.

8.11 The site plan shall be designed and operated so as lo conform lo access standards set forth by Title 24 of the Uniform Building Code (handicapped access requirements) .
..
41 13-82

8.13 be operated in the License Area.

Licensee may not operate or conduct any other event or enterprise unless Licensee receives required additional approvals from the City.

8.15 The Certified Farmers· Market shall not create a significant impact t o existing City police services. as determined by the City's Chief of Police. The Licensee may be required to secure a private security guard or guards and/or reimburse the City for additional police services Including City Trame Officer services ii these services are required on a regular basis, as determined by the City's Chief or Police.

8.16 Licensee shall comply with all traffic regulations established for the operation or the Certified Farmers' Market by the City Traffic Engineer.

8.17 Licensee covenants and agrees that Licensee shall: (i) not use the License Area for any unlawful purpose; (ii) use the License Area in a careful and proper manner In acoordance with this License; and (iii) not bring or use any Hazardous Materials, as defined by state or federal law. on the License Area.

8.18 Licensee shall operate the Certified Farmers· Market in acoordance with all applicable provisions of the statutes, rules and regulations of the State or California, the ordinances, and regulations or the County or Orange. and the Charter and Ordinances or the City or Newport Beach.

8.19 City shall be entitled, with a Licensee representative, to inspect the License Area for compliance with the terms of this Agreement, and with all applicable Federal, State and local (including those of the City) government regulations.

9. TERMINATION OF LICENSE

9.1 Notwithstanding the term of this License. this License may be terminated during the term or any extended term in the following manner. i. By Licensee: At any time, without cause upon the giving of thirty (30) days written notice or termination to City;
II. By City: Al any time, without cause upon the gi\/ing of thirty (30) days written notice or termination to Licensee; or
iii. If. after written notice of default lo Licensee or any of the tenns or conditions of this License, Licensee fails to cure or correct the default within ten (10) business days or receipt or written notice. City may Immediately tennlnate the License. -
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42 13-83

10. ADMINISTRATION
This License shall be administered by the Community Development Department.

The Community Development Director shall be the License Administrator and shall have the authority to act for City under this License. The License Administrator or their authorized representative shall represent City in all matters pertaining to this License.

11. INDEMNITY AND LIABILITY FOR DAMAGES

11.1 Licensee shall indemnify, defend and hold harmless City. its City Council, boards and oommissions, officers, agents, volunteers, and employees (collectively, the "Indemnified Parties") from and against any and all claims (including, without limitation, claims for bodily injury. death or damage lo property), demands, obligations, damages, actions, causes or action, suits, losses, judgments, fines, penalties, llabllilies, costs and expenses (including, without limitation, attorney's fees, disbursements and court oosts) of every kind and nature whatsoever (individually, a Claim: oollecllvely, "Claims"), which may arise from or in any manner relate (directly or lndtrectly) to any breach of the terms and oonditions of this License, any wol1< performed or services provided under this License including, without limitation, defects in workmanship or materials or Licensee's presence or activities oonducted that relate in any way to this License (Including the negligent and/or willful acts, errors and/or omissions of Licensee, employees, vendors, suppliers, and anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them), Notwithstanding the foregoing. nothing herein shall be construed to require Licensee to indemnify the Indemnified Parties from any Claim arising from the solo negligence or willful misoonduct of the Indemnified Parties.

Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this License. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limtts do not act as a limitation upon the amount of Indemnification to be provided by the Licensee.

11.2 Licensee shall be liable and responsible for the security, repair and maintenance of the License Area to the ex1ent necessitated by Licensee's use of the License Area under this License, for such time as this License is in effect. Licensee shall use care to protect the License Area and restore It to Its original condition to the satisfaction of the City when the License Area is not in use by Licensee.

12. INSURANCE
Without limiting Licensee's indemnification of City, and prior to oommencement of work, Licensee shall obtain, provide and maintain at its own expense during the term of this Agreement or for other periods as specified in this Agreement, policies of insurance of the type, amounts , tenns and oondilions described in the Insurance Requi rements attached hereto as Exhibit C, and inoorporated herein by reference. -