Attachment D
Planning Commission Staff Report (No Attachments)
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CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
March 6, 2025
Agenda Item No. 3
SUBJECT: North Newport Center Planned Community (PC-56) Amendments (PA2024-0173)
▪ Planned Community Development Plan Amendment
▪ Development Agreement
▪ Affordable Housing Implementation Plan
▪ Water Supply Assessment
SITE LOCATION: 100 and 190 Newport Center Drive and Various locations in PC-56 APPLICANT/OWNER: Irvine Company
PLANNER: Liz Westmoreland, AICP, Principal Planner
949-644-3234, [email protected]
PROJECT SUMMARY
Irvine Company (Applicant) maintains ownership interest and control over several properties in Newport Center, which are located within the North Newport Center Planned Community, known as “PC-56.” The Applicant requests to amend the PC-56 Development Plan primarily to allow for the development of additional housing opportunities in alignment with the housing strategy identified by the City’s 6 th Cycle Housing Element. The Applicant also requests other changes, including increased building height limits for Fashion Island, Block 100, and San Joaquin Plaza, modified open space requirements, additional objective design standards, modified parking standards for residential, updated sign standards, and other minor text changes. The amendments include changing the zoning of 100 and 190 Newport Center Drive from OR (Office-Regional) to PC-56. No construction is currently proposed.
Additionally, the Applicant requests approval of a development agreement to vest the development rights in exchange for public benefits including an affordable housing implementation plan (AHIP) that describes the affordable housing obligations. As required by State Law, the project includes a water supply assessment (WSA) to evaluate the City’s ability to meet the water needs of future residents of the housing projects. The WSA is required as the project includes more than 500 dwelling units.
RECOMMENDATION
1) Conduct a public hearing;
2) Find this project is not subject to further environmental review pursuant to Section 21083.3 of the California Public Resources Code (PRC) and Section 15183 of the 23-150
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CEQA Guidelines because the Project is consistent with the previously certified Program Environmental Impact Report (SCH No. 2023060699); and 3) Adopt Resolution No. PC2025-006 (Attachment No. PC 1) recommending City Council approval of the Planned Community Development Plan (PC-56) Amendment, Development Agreement, Affordable Housing Implementation Plan, and Water Supply Assessment for various properties within the PC-56 Zoning District and 100 and 190 Newport Center Drive (PA2024-0173).
INTRODUCTION
Project Setting
Newport Center
Newport Center, shown in Figure 1, is a regional hub of business and commerce featuring master-planned, mixed -use development. It encompasses major retail, professional office, entertainment, recreation, and residential spaces. At its core, Fashion Island serves as the primary anchor, surrounded by a blend of office, entertainment, and residential uses. Newport Center Drive, a ring road encircling Fashion Island, provides access to internal roads that connect various blocks and link to four major arterials supporting the development. The north end of Newport Center is distinguished by high - rise office and hotel buildings, creating a visual backdrop for the lower-rise structures and activities to the south and west. The area also includes two hotels and a mix of public and semi-public f acilities, such as the Newport Beach Police and Fire Departments.
Additionally, Newport Center houses a transportation center located at the intersection of San Joaquin Hills Road and MacArthur Boulevard.
Figure 1, Aerial photograph of Newport Center
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North Newport Center Planned Community (PC-56) Amendments (PA2024-0173) Planning Commission, March 6, 2025
North Newport Center Planned Community (PC-56)
Planning for Newport Center has primarily been accomplished through the North Newport Center Planned Community (PC -56) Development Plan, which serves as the regulatory zoning document. Irvine Company has an ownership interest in all the properties within PC-56. Several properties in Newport Center are not under Irvine Company ownership and are not subject to the regulations of PC-56. For example, Blocks 200 and 300 (Design Plaza and Big Newport), the VEA Hotel, City -owned properties, a handful of medical offices, and the Pacific Life Building at 700 Newport Center Drive are not owned by Irvine Company. Figure 2 below shows which properties are currently included in PC-56 and regulated by its development plan.
Figure 2, Irvine Company-owned properties in Newport Center regulated by PC-56 23-153
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Relevant Background
Housing Element and the Newport Center as a Focus Area
The City’s Housing Element for the 6 th Cycle Regional Housing Needs Assessment (RHNA) was adopted by the City Council on September 13, 2022, and certified by the California Department of Housing and Community Development (HCD) as statutorily compliant on October 5, 2022. A major component of t he 6th Cycle Housing Element (Housing Element) is its Section 4 (Housing Plan), which outlays the City’s housing strategy with an implementation program and several policy actions. Notably the Housing Element identifies Newport Center as a focus area that has potential to accommodate additional residential development and/or redevelopment of existing sites with residential projects.
On September 24, 2024, the City Council adopted Ordinance Nos. 2024 -16 and 2024 - 17, approving amendments to Title 20 (Planning and Zoning) of the Newport Beach Municipal Code (N BMC) to establish the Housing Opportunity (HO) Overlay Zoning Districts in Section 20.28.050 (Housing Opportunity (HO) Overlay Zoning Districts) (Housing Overlay ) and to create multi -unit objective design standards in Section
20.48.185 (Multi-Unit Objective Design Standards). The new sections serve to implement Policy Actions 1A through 1G and 3A in the Housing Element.
Section 20.28.050 of the NBMC allows for new housing opportunities within five subareas to ensure the City can accommodate its 6 th Cycle RHNA allocation. These subareas correspond to the Focus Areas identified in the Housing Element and are as follows:
• Airport Area Environs Area (HO-1)
• West Newport Mesa Area (HO-2)
• Dover-Westcliff Area (HO-3)
• Newport Center Area (HO-4)
• Coyote Canyon Area (HO-5)
Properties identified within these subareas are eligible for specified development allowances 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 l ot area, setbacks, height, open space, landscaping, and parking. Each of the five subareas is also subject to a development limit that identifies the maximum number of dwelling units allowed.
Many of the properties in PC -56 Zoning District and the properties at 100 and 190 Newport Center Drive are located within the HO-4 Subarea. The development limit for the HO-4 Subarea is 2,439 units and the required average density range is 20 to 50 dwelling units per acre. Figure 3 below depicts properties identified as housing sites within HO -4 and eligible for the development of housing pursuant to the Housing Overlay of the NBMC. 23-154
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Figure 3, HO-4 (Newport Center) Subarea map excerpt
Project Overview
As previously identified, the Applicant owns and/or controls most of the property within Newport Center. Based on the need for additional housing and the recent implementation of the City’s Housing Element, the Applicant seeks to revisit its master planning for the Newport Center area to incorporate additional residential opportunities and refine other 23-155
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development standards of PC-56. To accomplish their objectives, the Applicant seeks the following approvals from the City:
• Amendments to the PC -56 Development Plan to allocate 1,500 dwelling units to the PC-56 Development Plan from the development limit identified in the HO -4 (Newport Center) Subarea of the Housing Opportunity (HO) Overlay Zoning Districts pursuant to Newport Beach Municipal Code (NBMC) Section 20.2 8.050 (Housing Opportunity (HO) Overlay Zoning Districts). Other amendments include increasing building height limits for Fashion Island, Block 100, and San Joaquin Plaza, modifying open space requirements, incorpora ting additional objective design standards, modifying parking standards for residential, updating sign standards, and other minor text changes. Lastly, the amendments include changing the zoning of 100 and 190 Newport Center Drive from OR (Office - Regional) to PC-56;
• Development Agreement Amendment between the City and Irvine Company to vest the increased residential density of 1,500 dwelling units in exchange for public benefits. The existing Development Agreement includes an Affordable Housing Implementation Plan (AHIP), which will be modified as part of the project to help ensure there is a commitment to furthering affordable housing production; • Affordable Housing Implementation Plan (AHIP) that specifies how the Applicant will assist the City in furthering the production of affordable housing; and • Water Supply Assessment (WSA) to evaluate the water supply availability for a project including more than 500 dwelling units pursuant to Section 21151.9 of the Public Resources Code (PRC) and Section 10910 et seq. of the Water Code and as contemplated in the City’s Housing Implementation Program Final Program EIR.
Each of these approvals are discussed in detail in the proceeding section under separate headers.
ANALYSIS
PC-56 Development Plan Amendments
The following discussion describes the various amendments to the PC-56 Development Plan and a brief analysis of each . Other minor text changes are also proposed. The complete text revisions that are proposed for the PC -56 Development Plan are provided as Exhibit “C” to Attachment No. PC 1.
Typically, properties identified as Housing Overlay sites in Section 20.80. 025 (Housing Opportunity Overlay Zoning District Maps) of the NBMC are subject to the standards 23-156
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identified in said Section . However, incorporation of the dwelling units into the PC -56 Development Plan would mean that future residential development is subject to its development standards and the provisions of the Housing Overlay would not apply. As such, future residential projects would be subject to the appropriate site and project specific setbacks, parking, and height limits for this urban location.
Incorporation of these 1,500 dwelling units from the HO -4 Subarea’s development limit into the existing PC-56 Development Plan allows for planning on a larger scale that will account for context and ensure the units are cohesively incorporated into a larger plan.
Dwelling Unit Limit and Allowed Uses
The proposed amendments would modify the existing maximum dwelling unit limit from 769 to 2,269 (i.e., an increase of 1,500 dwelling units). Although the new Housing Overlay allows construction of residential dwelling units regardless of the underlying zoning designation, the amendments include changing the allowed uses for Fashion Island and Blocks 100 and 400 to allow for residential development. Revised Table 2 (Development Limits) of the PC-56 Development Plan , is included below to show the proposed development limits, including the 1,500 dwelling units allocated from the HO-4 Subarea (denoted as Footnote C).
Table 1 – Proposed PC-56 Development Plan Table 2 Development Limits (A) Land Use
Fashion
Island
Block
100
Block
400
Block
500 Block 600
Block
800
San
Joaquin
Plaza Total
Regional
Commercial
1,523,416
square feet
(SF)
0 0 0 0 0 0 1,523,416
SF
Movie
Theater
680 seats
11,000 SF
0 0 0 0 0 0 680 seats
11,000 SF
Hotel B 0 0 0 295 0 0 295
Residential C C C 0 C 245 524C 2,269
Office/
Commercial
0 150,126
SF
91,727
SF
623,525
SF D
1,310,899
SF
286,166
SF
95,550
SF
2,571,481
SF
A. Square footage indicated in Table 2 may not reflect current development limits because of the transfer of development rights provision described in Sections II.C and IV.C herein. Transfers may result in increased or decreased development limits, so long as the transfers are consistent with the General Plan and do not result in greater intensity than allowed in the Newport Center statistical area. A transfer of development r ights must be approved by the City Council and is recorded on the City's Tracking Development Rights table for North Newport Center Planned Community.
B. Hotel rooms are permitted in Fashion Island through the transfer of development rights.
C. Residential units are permitted in all blocks consistent with Table 1, North Newport Center Land Use Regulations table. A total of 1,500 units are permitted within the Newport Center Housing Overlay sites including Fashion Island, Block 100, Block 400, Blo ck 600, and San Joaquin Plaza with an aggregate density not to exceed 50 dwelling units per acre.
D. The development limit for Block 500 reflects the boundary adjustment and incorporation of two existing 12,000 SF office buildings into North Newport Center Planned Community
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The 1,500 dwelling units would only be developed on Housing Overlay sites and would be required to meet an average minimum density of 20 dwelling units per acre (per site) and an average maximum density of 50 dwelling units per acre (in aggregate).
Additional Properties Rezoned
The project includes rezoning the two properties at 100 and 190 Newport Center Drive from the OR (Office Regional) Zoning District to the PC-56 Zoning District, as identified in Figure 4 below. The existing properties are currently occupied by office buildings. The PC-56 Development Plan allows office as an allowed use, thereby allowing for the continuation of office uses if other uses are not constructed in the future . Further, the existing floor area of those two buildings has been captured within the PC -56 Development Plan amendments to ensure the existing buildings remain conforming.
Figure 4, Properties to be Incorporated into PC-56
Streamlined Review Process
The amendment s would provide for a streamlined review of future residential development projects by the Community Development Director pursuant to Section IV - Planned Community Development Plan Administration of the existing PC -56 Development Plan. Currently, projects that are consistent with the General Plan and development standards of the PC-56 Development Plan are reviewed by the Community Development Director in lieu of the Planning Commission or other discretionary body.
This same procedure would appl y to future residential projects that are consistent with the development standards. The Director would be required to approve the project if it is consistent with the following findings for approval (as identified in the PC-56 Development Plan):
1. The proposed use and/or development is consistent with the General Plan; and
2. The proposed use and/or development is consistent with the North Newport Center PC Development Plan and Design Regulations.
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The decision by the Director would be appealable pursuant to Section 20.64 (Appeals) of the NBMC.
Furthermore, projects that require the preparation of a traffic study pursuant to Chapter
15.40 (Traffic Phasing Ordinance ) of the NBMC would also be subject to streamline d review, as specified in the proposed amendments. This would be a new provision in the PC-56 Development Plan. However, if a traffic study reveals that the project trips will cause or make worse an unsatisfactory level of traffic service, then review by the Planning Commission and/or City Council would still be required. Therefore, this streamlining provision could expedite the construction of new housing opportunities in the City in furtherance of Housing Element Policy Action 4B (Streamlined Project Review ) and is consistent with the longstanding implementation of the PC-56 Development Plan.
Height
The amendments to the PC-56 Development Plan include changes to the allowed heights of buildings in three areas of Newport Center. The PC-56 Development Plan designates height limits by sub -area, and for Fashion Island , it also specifies heights by type of building. The proposed changes to maximum height limits are described below in Table 2 and would apply to both residential and nonresidential structures (except as specified).
Table 2: Changes to Maximum Height Limits
Building Location/Building Type Existing Height Limit Proposed Height Limit Fashion Island
Residential
Major Buildings
Mall Buildings
Parking Structures
Periphery Buildings
N/A
125 feet
75 feet
55 feet
40 feet
225 feet
125 feet
75 feet
55 feet
40 feet
Block 100
Nonresidential
Residential
50 feet
N/A
50 feet
125 feet
Blocks 400, 500, and 600 295 feet 295 feet
Block 800
Nonresidential
Residential
125 feet
200 feet
125 feet
200 feet
San Joaquin Plaza 65 feet 65/85**
*Height limits in PC-56 are generally measured from finished grade. **The height limit is 65 feet with the exception of 800 San Clemente Drive, which is limited to 85 feet.
The proposed changes to height for Fashion Island, Block 100, and San Joaquin Plaza in the PC-56 Development Plan would be consistent with the continued trend of urbanization in Newport Center that has occurr ed over the last several decades.
Additionally, as proposed, the height limits in these three subareas are still 70 to 210 feet 23-159
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lower than the existing permitted heights in Blocks 400, 500, and 600. Thefore, new structures built pursuant to these standards would not be out of character in the context of Newport Center.
The revised building heights would allow for future residential projects to meet the minimum density of 20 dwelling units that is required , while retaining open areas to increase walkability and activate the urban core of Newport Center. The proposed height increases are consistent with the original vision of Newport Center to allow taller buildings around the top (northeast) and center of Newport Center, with lower building s following the topography and stepping down towards East Coast Highway.
The proposed changes to height of buildings in the PC-56 Development Plan would be subject to review by the Airport Land Use Commission to ensure the changes are consistent with the County of Orange Airport Environs Land Use Plan for John Wayne Airport. Additionally, the proposed amendments would not impact the existing Newport Center Sight Plane, as established by Ordinance Nos. 1371, 1596, and 83 -27, which maintain private residential views across the southeastern portion of Newport Center.
The Planning Commission recently approved amendments to the Housing Overlay to increase the height limits for residential development, including several areas of Newport Center that are within PC -56 (Planning Commission Resolution No. PC2025-004). The amendments are intended to facilitate the design and construction of new residential development consisting of 20 dwelling units per acre to 50 dwelling units per acre.
Objective Design Standards
Residential projects located within the Housing Overlay are subject to the recently adopted Section 20.48.185 (Multi-Unit Objective Design Standards) of the NBMC, which are intended provide for quality design of multi -unit residential and mixed -use development that build on context, contribute to the public realm and provide high quality and resilient buildings and public spaces. These standards apply to both market rate and affordable multi-unit development consisting of at least 20 dwelling units per acre . The existing PC -56 Development Plan includes design standards to ensure high quality design; however, additional objective design standards have been incorporated that are commensurate with the standards identified in the NBMC.
For example, the amendment includes standards for general design, parking lots and structures, landscaping, common open space, recreation amenities, and private streets.
These design standards would apply to both market rate and affordable multi -unit developments. The existing PC-56 Development Plan encompasses approximately 170 acres of land, which allows for larger scale planning efforts that are sensitive to context and provide for a robust, aesthetically pleasing, and functional public realm.
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Open Space
The amendment also includes changes to the existing private open space requirements for residential projects. The existing PC-56 Development Plan requires at least 50% of all dwelling units to provide private open space in the form of a patio, balcony, or similar feature, where the proposed would require at least 25% of dwelling units to provide private open space. No changes are proposed to the existing common open space requirements; however, the amendment includes a relevant new requirement for “Recreation Amenities” to serve future residential projects. The new recreation amenities could include a clubhouse or lounge, a swimming pool, sport courts, or other similar amenities. Reducing the private open space that is required on a per unit basis would allow for larger, more functional communal and recreational outdoor spaces that will serve the future residents and encourage community activity.
Parking
The amendment includes changes to the residential parking requirements. A comparison to the previous requirements and the City’s default requirements from the NBMC are provided in Table 3 below.
Table 3 – Residential Parking Comparison
Zoning Document Parking Requirement
Existing PC-56 2 spaces per unit including 1 covered (not including guest parking)
0.5 guest spaces per unit up to 50 units, then 0.25 spaces per unit At least one space per unit shall be covered
Proposed PC-56 1.1 parking spaces per bedroom (including guest parking) At least one space per unit shall be covered
NBMC (20.28.050)* Rental:
Range of 1.1 spaces to 3 spaces per unit based on bedroom count
0.3 guest spaces per unit
Ownership:
Range of 1.4 spaces to 2.0 spaces per unit based on bedroom count
0.3 guest spaces per dwelling unit
*This NBMC section does not specify the type of parking (covered, uncovered, garage, etc.).
As evidenced in the table, although the PC-56 Development plan uses a slightly different methodology for calculating parking, the proposal is generally consistent with the City’s standards for parking.
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Signs
The amendment includes changes to signs to allow larger signs that are generally consistent with approved comprehensive sign programs in Newport Center. The proposed sign standards are appropriate for the future development of housing and for the scale of Newport Center and its wide streets. Changes are also proposed to remove theater signs as a specific sign type, and the incorporation of a new digital sign type.
Although the new sign type would include a digital display, the existing PC -56 Development Plan prohibits the establishment of any signs that are visible from the public right of way and include flashing, animation, blinking, strobing, or other effects that could impact safety for motorists and cyclists.
General Plan Consistency
An amendment to the PC-56 Development Plan is a zoning amendment and legislative act. Neither Title 20 (Planning and Zoning) of the NBMC, nor the PC -56 Development Plan, nor California Government Code Section 65000 et seq., sets forth 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 fi ndings and recommendations with the Council , especially as it pertains to consistency with the General Plan. A detailed analysis is provided in Attachment No. PC 1 with a condensed version below. In summary, the project is in direct furtherance of the following General Plan Policies:
• Housing Element Policy Action 1C– Newport Center
• Housing Element Policy Action 3A – Objective Design Standards • Housing Element Policy Action 4B – Streamlined Project Review • Land Use Element Policy LU 2.2 – Sustainable and Complete Community • Land Use Element Policy LU 3.3. – Opportunities for Change • Land Use Element Policy LU 4.4 – Rezoning to Accommodate Housing Opportunities
• Land Use Element Policy LU 4.5 - Residential Uses and Residential Densities • Land Use Element Policy LU 4.6 Continuation of Existing Development • Land Use Element Policy LU 6.14.4 - Development Scale The PC-56 Development Plan amendment will provide a “land use regulatory policy” to implement the housing opportunities within the Newport Center subarea of the City. The proposed amendment would allocate 1,500 dwelling units from the General Plan and Housing Overlay to another regulatory policy or zoning document, the PC -56 Development Plan. Further, as proposed, all 1,500 dwelling units must be located on sites that are included in Housing Overlay, as identified in Section 20.80.025 (Housing Opportunity Overlay Zoning Districts Maps) (HO -4 Newport Center Area) of the NBMC.
This allocation would not exceed the 2,439-dwelling-unit limit for the Newport Center (HO- 23-162
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4) Subarea, nor would it impact the dwelling units reserved for properties that are located within the Coastal Zone.
The PC-56 Development Plan includes language that would require a minimum average of 20 dwelling units per gross acre for future projects on an individual basis and a maximum average of 50 dwelling units per gross acre in aggregate throughout properties regulated by the PC -56 Development Plan. This would ensure that future development will comply with minimum and maximum densities required, while allowing for planning on a larger scale. Therefore, the Project is consistent with General Plan Policy LU 4.4 and the development limits of the General Plan.
Although the 1,500 dwelling units would likely be market rate units, the Project includes an amendment to the DA and preliminary AHIP to ensure the Applicant assists the City in in the production of affordable housing.
As previously discussed, t he PC-56 Development Plan would incorporate the two new properties (100 and 190 Newport Center Drive) into the PC while allowing for the existing underlying development rights to be maintained.
Development Agreement (DA) and Affordable Housing Implementation Plan (AHIP)
There is an existing DA between the City and Applicant for this area that is also referred to as the “Zoning Implementation and Public Benefit Agreement. ” The DA, approved in 2007 and amended in 2013 , provides development rights in exchange for significant public benefits over a term of 20 years . The Applicant is seeking a third amendment to the DA to vest rights to construct 1,500 dwelling units on housing opportunity sites within the PC-56 Zoning District. While some details of the DA have not been finalized at the time of publishing, a draft DA is included as Exhibit D to Attachment No. PC 1 and includes the following key terms:
• Term: Extend existing DA by 10 years to 2042
• Public Benefit Fee: $17,000/unit for any units constructed after 2032 • Recreation/Park Fee: $34,000/unit for 700 units
• Off-Site Improvements: Development of a landscape and street master plan for Newport Center and construction of improvements
• Development Impact Fees: Voluntary payment of Development Impact Fees • Affordable Housing: Commitment to develop a minimum of 105 housing units affordable to very-low or low-income households by 2029
Although the existing DA includes an AHIP , a new AHIP (included as Exhibit E to Attachment No. PC 1 ) is required to address the Applicant’s new commitments to affordable housing. The AHIP has been prepared consistent with the provisions of Section
20.52.015 (Affordable Housing Implementation Plan) of the NBMC.
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Water Supply Assessment (WSA)
Pursuant to California Senate Bill 610 adopted in 2011, Section 21151.9 of the Public Resources Code (PRC), and Section 10910 et seq. of the Water Code , a Water Supply Assessment (WSA) is required for projects that result in the construction of at least 500 dwelling units. Since the project includes the future construction of up to 1,500 dwelling units, and the City’s Housing Implementation Program EIR contemplated that future housing projects would prepare their own project specific WSA’s, it was appropriate for the applicant to prepare a WSA as part of this project.
Thus, a WSA has been prepared by Fuscoe Engineering, Inc. dated January 14, 2025, for the project to evaluate the water supply availability. The WSA is including as Exhibit F to Attachment No. PC 1. The Utilities Department has reviewed the WSA and found it to be acceptable. Based on the facts and analysis contained in the WSA, adequate and reliable water supplies are and will be available to serve the proposed project for the next 20 years.
Summary and Next Steps
The project will help the City further the goals and policies of its Housing Element through the incorporation of 1,500 dwelling units from the City’s Housing Overlay (HO-4) to the PC-56 Development Plan. By incorporating the dwelling units into an existing planned community, the housing overlay sites can be cohesively integrated into a larger plann ed community that includes the necessary component s of a complete community such as open space, infrastructure, and resident-serving commercial.
Due to the legislative amendments required to implement the project, the Planning Commission’s role is to make a recommendation to the City Council for action. If a supportive recommendation is made, City staff will bring the matter to the City Council on April 8, 2025. Prior to City Council review, the project will also be heard by the Airport Land Use Commission (ALUC) to evaluate the land use and height changes proposed.
The ALUC hearing is tentatively scheduled for March 20, 2025.
Environmental Review
Pursuant to 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 California 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 Mitigation 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 Title 21 (Local Coastal Program Implementation Plan) of the NBMC which are available at: Housing Implementation Program EIR.
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The Project is not subject to further environmental review pursuant to Section 21083.3 of the California Public Resources Code (PRC) and Section 15183 of the CEQA Guidelines because, inasmuch as the Properties involved are all within the HO -4 Subarea, the Project does not change the underlying land use or zoning designations; and would not result in new significant impacts or a substantial more adverse impact than addressed in the PEIR.
Section 15183 of the CEQA Guidelines provides, in relevant part:
a. Projects which are consistent with the development density established by existing zoning, community plan, or general plan policies for which an environmental impact report (EIR) was certified shall not require additional environmental review, except as mi ght be necessary to examine whether there are project-specific significant effects which are peculiar to the project or its site.
This streamlines the review of such projects and reduces the need to prepare repetitive environmental studies.
b. In approving a project meeting the requirements of this section, a public agency shall limit its examination of environmental effects to those which the agency determines, in an initial study or other analysis:
i. Are peculiar to the project or the parcel on which the project would be located;
ii. Were not analyzed as significant effects in a prior EIR on the zoning action, general plan, or community plan, with which the project is consistent;
iii. Are potentially significant off-site impacts and cumulative impacts which were not discussed in the prior EIR prepared for the general plan, community plan or zoning action; or
iv. Are previously identified significant effects which, as a result of substantial new information which was not known at the time the EIR was certified, are determined to have a more severe adverse impact than discussed in the prior EIR.
c. If an impact is not peculiar to the parcel or to the project, has been addressed as a significant effect in the prior EIR, or can be substantially mitigated by the imposition of uniformly applied development policies or standards, as contemplated by subdiv ision (e) below, then an additional EIR need not be prepared for the project solely on the basis of that impact.
d. This section shall apply only to projects which meet the following conditions:
i. The project is consistent with:
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A. A community plan adopted as part of a general plan;
B. A zoning action which zoned or designated the parcel on which the project would be located to accommodate a particular density of development; or
C. A general plan of a local agency; and
ii. An EIR was certified by the lead agency for the zoning action, the community plan, or the general plan.
As part of its decision-making process, the City is required to review and consider whether the Project would create new significant impacts or significant impacts that would be substantially more severe than those disclosed in the PEIR. Additional CEQA re view is only triggered if the Project’s new significant impacts or impacts that are more severe than those disclosed in PEIR such that major revisions to the PEIR would be required. A detailed consistency analysis has been prepared by T & B Planning Inc., dated February 6, 2025, and peer reviewed by Kimley-Horn & Associates, Inc., is provided as Exhibit “B” to this resolution and hereby incorporated by reference.
The PEIR contemplated those future projects meeting the thresholds of Senate Bill No. 610 (SB 610) would require the preparation of a WSA. As evidence of the Project’s compliance with the PEIR and Section 15183, a WSA has been prepared for the Project.
Although the PEIR concluded that there would be a potentially significant and unavoidable impact related to water supply for which the City adopted a Statement of Overriding Considerations, the Project specific WSA concluded that adequate and reliable water supplies are and will be available to serve units that are developed through this Project for at least the next 20 years.
Although the Project includes a zoning amendment to change the designation of 100 and 190 Newport Center Drive from the OR Zoning District to the PC-56 Zoning District, these properties were already identified in the HO -4 Subarea of the Housing Overlay, wh ich would not change as part of the Project. Therefore, the analysis contained in the PEIR would remain applicable to those two sites and the Project would be consistent with the existing zoning that allows 20 to 50 dwelling units per acre of residential development.
The Project is consistent with the development density and use characteristics established by the City’s General Plan Housing Implementation Program as analyzed by the PEIR, and the required determinations can be made, as detailed in Exhibit “B” of Attachment No. PC1 and incorporated by reference.
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Public Notice
Notice of this hearing was published in the Daily Pilot, mailed to all owners of property within 300 feet of the boundaries of the site (excluding intervening rights -of-way and waterways) including the applicant, and posted on the subject property at least 20 days before the scheduled meeting , consistent with the provisions of the Municipal Code , Assembly Bill No. 2904 (AB 2904) , and California Government Code Section 65854 .
AB2904 and California Government Code Section 65854 state that an amendment to a zoning ordinance that affects the permitted uses of real property shall require notice at least 20 days prior to the public hearing with the Planning Commission. In accordance with said requirement, notice of this public hearin g was given on February 8, 2025, at least 20 days prior to March 6, 2 025. This is also consistent with the Municipal Code which requires notice at least 10 days prior to the public hearing.
Additionally, the item appeared on the agenda for this meeting, which was posted at City Hall and on the city website.
Prepared by: Submitted by:
By:
Liz Westmoreland, AICP
Principal Planner
BMZ/law
ATTACHMENTS
PC 1 Draft Resolution
23-167