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HomeMy WebLinkAboutPC2023-015 - RECOMMENDING THE CITY COUNCIL APPROVE AN AMENDMENT TO THE NOISE AND LAND USE ELEMENTS OF THE GENERAL PLAN, TITLE 20 (PLANNING AND ZONING) OF THE NEWPORT BEACH MUNICIPAL CODE, NEWPORT PLACE PLANNED COMMUNITY(PC-11) AND NEWPORT AIRPORT VILLAGERESOLUTION NO. PC2023-015 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH, CALIFORNIA, RECOMMENDING THE CITY COUNCIL APPROVE AN AMENDMENT TO THE NOISE AND LAND USE ELEMENTS OF THE GENERAL PLAN, TITLE 20 (PLANNING AND ZONING) OF THE NEWPORT BEACH MUNICIPAL CODE, NEWPORT PLACE PLANNED COMMUNITY (PC-11) AND NEWPORT AIRPORT VILLAGE PLANNED COMMUNITY (PC-60) RELATED TO NOISE IN THE AIRPORT AREA IN ORDER TO IMPLEMENT THE SIXTH CYCLE HOUSING ELEMENT (PA2022-0201) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. Section 200 of the City of Newport Beach ("City") Charter vests the City Council with the authority to make and enforce all laws, rules and regulations with respect to municipal affairs subject only to the restrictions and limitations contained in the Charter and the State Constitution, and the power to exercise, or act pursuant to any and all rights, powers, and privileges, or procedures granted or prescribed by any law of the State of California. 2. The Noise Element is one of the mandatory elements of the Newport Beach General Plan and was last updated as part of a comprehensive General Plan Update in 2006. In January 2019, the City Council initiated a comprehensive update of the Newport Beach General Plan. Due to the Regional Housing Needs Assessment (“RHNA”) allocation of 4,845 new housing units to plan for the 2021-2029 housing period (“Sixth Cycle Housing Element”), the City Council directed City staff to focus on the Housing Element, Land Use Element, and Circulation Element. The City Council adopted the Sixth Cycle Housing Element on September 13, 2022, and it was certified by the State Department of Housing and Community Development (“HCD”) on October 5, 2022. The Land Use Element and other elements of the General Plan are being updated in order to implement the Sixth Cycle Housing Element. 3. The Airport Area Environs (“Airport Area”) is one of the five focus areas where new housing opportunity sites are identified to satisfy the RHNA allocation. At least 2,577 housing units are planned for the Airport Area, which comprises approximately 25 percent of the City’s planned housing capacity, according to the Sixth Cycle Housing Element. A total of 62 new housing opportunity sites are identified in the Airport Area. Of those sites, 48 are located wholly or partially outside the updated 65 dBA CNEL contour boundary. Only 14 new housing opportunity sites are located wholly within the updated 65 dBA CNEL contour boundary. 4. The Sixth Cycle Housing Element including Appendix B has been subject to extensive public participation. Pursuant to Government Code Section 65351, the City held thirteen community workshops, worked with the Housing Element Update Advisory Committee Planning Commission Resolution No. PC2023-015 Page 2 of 29 (“HEUAC”) at fourteen Brown Act meetings, and brought iterations of the Housing Element to one duly noticed Planning Commission study session and six duly noticed City Council study sessions where the Housing Element was publicly reviewed and discussed. Additionally, the HEUAC formed five different subcommittees to thoroughly review and identify all feasible sites for potential redevelopment as residential in the future and those sites are captured in Appendix B (Adequate Sites Analysis), which demonstrates the City’s capacity to meet the RHNA allocation. 5. The Noise Element and Land Use Elements of the General Plan, Title 20 (Planning and Zoning) of the Newport Beach Municipal Code (“NBMC”), Newport Place Planned Community (PC-11), and Newport Airport Village Planned Community (PC-60) restrict residential development in the 65 dBA CNEL and higher noise contour area as identified in the 1985 John Wayne Airport Master Plan. 6. The following amendments to the Noise Element, Land Use Element, Title 20, Newport Place Planned Community (PC-11), and Newport Airport Village Planned Community (PC- 60) are necessary to implement the Sixth Cycle Housing Element to allow the identified opportunity sites to realize residential uses, including mixed-use residential, that are wholly or partially located outside the 65 dBA noise contour area identified in the Noise Element (“Amendments”) without causing a potential inconsistency issue under the Planning and Zoning Law. Thus, while the Amendments do not change the existing underlying land use or zoning designations of particular parcels, the Amendments do reflect revisions to the following: Land Use Element: • Policy LU6.15.3 (Airport Compatibility); • Figure LU11 – Statistical Areas J6, L4; • Figure LU22 – Airport; and • Figure LU23 - Airport Area Residential Villages Illustrative Concept Diagram (removal of 65 CNEL noise contour line); Noise Element: • Policy N 1.2 (Noise Exposure Verification for New Development); • Policy N1.5.A (Airport Area Infill Projects (new policy); • Policy N 2.2 (Design of Sensitive Land Uses); and • Policy N 3.2 (Residential Development); • Figure N4 - Future Noise Contours; and • Figure N5 – Future Noise Contours; Title 20 (Planning and Zoning) of the NBMC: • Section 20.30.080(F) (Noise-Airport Environs Land Use Plan); Planned Communities: • Newport Place Planned Community (PC-11) – Part III. Residential Overlay Zone, Section V.D.1 (Airport Noise Compatibility); and Planning Commission Resolution No. PC2023-015 Page 3 of 29 • Newport Airport Village Planned Community (PC-60) – Section I.D (Purpose and Objective) & Section II.B.2 (Prohibited Uses). 7. A public hearing was held on August 3, 2023, in the Council Chambers at 100 Civic Center Drive, Newport Beach. A notice of the time, place, and purpose of the hearing was given in accordance with California Sections 54950 et seq. (“Ralph M. Brown Act”), 65090, and 65353 of the Government Code, Chapter 20.62 (Public Hearings) of the NBMC and Council Policy K-1 (General Plan and Local Coastal Program). Evidence, both written and oral, was presented to and considered by, the Planning Commission at this hearing. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. The Amendments are exempt from the California Environmental Quality Act pursuant to Section 15183 of the California Code of Regulations Title 14, Division 6, Chapter 3 (“CEQA Guidelines”) because they do not change the underlying land use or zoning designations of any specific parcels, including parcels within the Airport Area or within the updated noise contours. The Amendments, therefore, will not result in development of greater intensity than is allowed under the 2006 General Plan, Newport Place Planned Community (PC- 11), and Newport Airport Village Planned Community (PC-60), as amended. To the extent new parcels are able to be developed in the future for residential uses, by nature of no longer being located within areas identified as experiencing 65 dB CNEL or greater, those parcels must be part of a specific proposed project for consideration and processing by the City for approval. The Amendments are also exempt because they fall within the scope of analysis contained within EIR No. 617, prepared and certified by the County for the 2014 John Wayne Airport (“JWA”) Settlement Agreement Amendment, to which the City is a party. EIR No. 617, fully analyzed impacts on sensitive receptors (including residential uses) in adopting the Settlement Agreement Amendment, including the updated CNEL contour boundaries associated therewith, using both the County and City’s thresholds of significance. The City was a responsible agency for EIR No. 617, and co-signatory to the Settlement Agreement Amendment. EIR No. 617 concluded that the Settlement Agreement Amendment (and associated updated CNEL contours) would result in less-than-significant impacts related to noise increases at sensitive receptors, but a significant and unavoidable impact from increasing noise levels at exterior use areas of residences. A Statement of Overriding Considerations was adopted. No lawsuits were filed challenging the adequacy of the EIR. The accompanying adopted Findings of Consistency which are attached hereto as Exhibit “H” and incorporated by reference. SECTION 3. REQUIRED FINDINGS. General Plan Noise Element and Land Use Element Amendments An amendment to the 2006 Newport Beach General Plan Noise Element and Land Use Element are legislative acts. Neither Title 20 (Planning and Zoning) nor California Government Code Section 65000 et seq., set forth any required findings for either approval or denial of such Planning Commission Resolution No. PC2023-015 Page 4 of 29 amendments. Notwithstanding the foregoing, the amendments to the Noise Element and Land Use Element are consistent with the following General Plan policies. Finding and Facts in Support of Findings: 1. The amendments to the Noise Element and Land Use Element would eliminate conflicting general plan policies that prohibit residential developments within the 1985 JWA Master Plan 65 dBA to 70 dBA CNEL noise contour area. 2. The amendments to the Noise Element and Land Use Element are consistent with the following City of Newport Beach Housing Element Policy and Policy Action: Housing Policy 1.1 Identify a variety of sites to accommodate housing growth need by income categories to serve the needs of the entire community. The amendments to the Noise Element and Land Use Element would be a step in the implementation of the Sixth Cycle Housing Element. The Housing Element identified 62 new housing opportunity sites in the Airport Area. Of those sites, 48 are located wholly or partially outside the 65 dBA CNEL contour boundary. By updating the General Plan Land Element and Noise Element policies that prohibit residential uses within the outdated, 1985 Master Plan 65 dBA CNEL contour, the Amendments will advance the Sixth Cycle Housing Element’s goal of accommodating at least 2,577 housing units in a variety of income levels within the Airport Area. Tribal Consultation Findings: Pursuant to California Government Code Section 65352.3 (SB 18), a local government is required to contact the appropriate tribes identified by the Native American Heritage Commission (“NAHC”) each time it considers a proposal to adopt or amend the General Plan. If requested by any tribe, the local government must consult for the purpose of preserving or mitigating impacts to cultural resources. Facts in Support of Findings: The City received comments from the NAHC indicating that 12 tribal contacts should be provided notice regarding the Amendments. Notices were sent to the 12 tribes on February 16, 2023. California Government Code Section 65352.3 requires notification 90 days prior to Council action to allow tribal contacts to respond to the request to consult. The 90-day notification period has expired on May 16, 2023. No consultation request received. Planning Commission Resolution No. PC2023-015 Page 5 of 29 423 Charter Analysis Finding: Section 423 of the Charter and Council Policy A-18 (Guidelines for Implementing Charter Section 423) (“Council Policy A-18”) require any amendment to the General Plan be reviewed to determine if a vote of the electorate would be required. If a General Plan Amendment (separately or cumulatively with other GPAs within the previous 10 years) generates more than 100 peak hour trips (a.m. or p.m.), adds 40,000 square feet of non-residential floor area, or adds more than 100 dwelling units in a statistical area, a vote of the electorate would be required. Facts in Support of Findings: The purpose of the Amendments is to eliminate a conflict with the certified Sixth Cycle Housing Element and the City’s General Plan Land Use Element and Noise Element, which prohibit residential development within the 1985 JWA Master Plan’s 65 dBA CNEL noise contour area, and to endorse a more updated CNEL contour areas that are based on updated noise modeling data, airport operations and advances in aviation technology that result in decreased noise levels. As a result, these policies and regulations must be updated to eliminate conflicting policy and regulatory restrictions to provide consistency with the Sixth Cycle Housing Element. Notwithstanding the foregoing, no development would be directly authorized by the amendments to the Noise Element and Land Use Element. As none of the thresholds specified by Charter Section 423 are impacted nor exceeded by the amendments to the Noise Element and Land Use Element, no vote of the electorate is required. Title 20 (Planning and Zoning) of NBMC Amendment An amendment to Title 20 (Planning and Zoning) of NBMC is a legislative act. Neither Chapter 20.66 (Planning and Zoning, Amendments) of Title 20 (Planning and Zoning) of NBMC, or Article 2 (Adoption of Regulations) of Chapter 4 (Zoning Regulations) of Division 1 (Planning and Zoning) of Title 7 (Planning and Land Use) of the California Government Code set forth any required findings for either approval or denial of such amendments. Notwithstanding the foregoing, the amendments to Title 20 (Planning and Zoning) of the NBMC is consistent with the following General Plan policies. Finding and Facts in Support of Findings: The amendment to Section 20.30.080(F) (Noise-Airport Environs Land Use Plan) of the NBMC is consistent with the following City of Newport Beach Housing Element Policies and Policy Action: 1. Housing Element Policy 4.2. Enable construction of new housing units sufficient to meet City qualified goals by identifying adequate sites for their construction. Planning Commission Resolution No. PC2023-015 Page 6 of 29 2. Policy Action 4J (Airport Environs Sub Area Environmental Constraints). Policy Action 4J requires the City to take the following actions to address potential environmental constraints in the Airport Environs Sub Area and ensure continued feasibility of sites, particularly for lower-income RHNA: a. Require new residential development projects in the Airport Environs Sub Area provide noise studies and acoustical analyses to ensure designs include proper sound attenuation; b. Require new residential development projects in the Airport Environs Sub Area to explore advanced air filtration systems for buildings to promote cleaner air; c. Encourage on-site indoor amenities, such as fitness facilities or recreation and entertainment facilities; and d. Continue to implement park dedication requirements consistent with the City’s Park Dedication ordinance and Land Use Element Policy LU 6.15.13 (Neighborhood Parks–Standards) and Policy LU 6.15.16 (On-Site Recreation and Open Space) to ensure adequate recreational space to ensure at least 8- percent of a project’s gross land area (exclusive of existing rights-of-way) of the first phase for any development in each neighborhood or ½ acre, whichever is greater, is developed as a neighborhood park, unless waived through Density Bonus Law. The City has taken actions to address potential environmental constraints in the Airport Area and ensure continued feasibility of sites, particularly for lower-income RHNA by providing the following uniform and concise criteria: a. Prior to the issuance of any building permits for such development, a noise study shall be prepared by a City-approved qualified acoustical consultant and submitted to the Community Development Director for approval; b. All new residential structures or the residential units within a mixed-use development shall be attenuated to provide an interior noise level of 45 dBA CNEL or less; c. The design of the residential portions of mixed-use projects and residential developments shall have adequate noise attenuation between adjacent uses and units (common floor/ceilings) in accordance with the California Building Code; d. New mixed-use developments shall incorporate designs with loading areas, parking lots, driveways, trash enclosures, mechanical equipment, and other noise sources away from the residential portion of the development; e. Use of walls, berms, interior noise insulation, double paned windows, advance insulation systems, or other noise mitigation measures, as deemed appropriate shall Planning Commission Resolution No. PC2023-015 Page 7 of 29 be incorporated in the design of new residential to bring interior sound attenuation to 45 dBA CNEL or less; f. Residential uses shall be indoor-oriented to reduce noise impingement on outdoor living areas; g. On-site indoor amenities, such as fitness facilities or recreation and entertainment facilities shall be encouraged; and h. Advanced air filtration systems for buildings shall be considered to promote cleaner air. Planned Community Development Plan Amendments for the Newport Placed Planned Community (PC-11) and Newport Airport Village Planned Community (PC-60) An amendment to PC-11 and PC-60 is a legislative act. Neither PC-11 and PC-60, Chapter 20.56 (Planning and Zoning, Planned Community District Procedures) or Chapter 20.66 (Planning and Zoning, Amendments) of Title 20 (Planning and Zoning) of NBMC, or Article 2 (Adoption of Regulations) of Chapter 4 (Zoning Regulations) of Division 1 (Planning and Zoning) of Title 7 (Planning and Land Use) of the California Government Code set forth any required findings for either approval or denial of the amendment. Notwithstanding the foregoing, the amendments to Title 20 (Planning and Zoning) of the NBMC is consistent with the following General Plan policies. Finding and Facts in Support of Findings: The Amendment is consistent with the following Housing Element Policy and Policy Action: 1. See findings in support of amendments to the Noise Element and Land Use Element and Title 20 (Planning and Zoning) of the NBMC above which are incorporated herein by reference. 2. Additionally, all new housing opportunity sites located in Newport Place and Newport Airport Village planned communities are located wholly or partially outside the updated 65 dBA noise contour area. By requiring conditions of approval identified in amendment to Title 20 (Planning and Zoning) of NBMC, the City has taken actions to address potential environmental constraints in the Airport Area and ensure continued feasibility of sites, particularly for lower-income RHNA. Planning Commission Resolution No. PC2023-015 Page 8 of 29 SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby finds this action is not subject to further environmental review pursuant to Section 15183 of the CEQA Guidelines because the Amendments do not change the underlying land use or zoning designations of any specific parcels, including parcels within the Airport Area or within the updated noise contours. The Amendments, therefore, will not result in development of greater intensity than is allowed under the 2006 General Plan and Newport Airport Village Planned Community, as amended. To the extent new parcels can be developed in the future for residential uses, by nature of no longer being located within areas identified as experiencing 65 dB CNEL or greater, those parcels must be part of a specific proposed project for consideration and processing by the City for approval. The Amendments are also exempt because they fall within the scope of analysis contained within the previously certified EIR No. 617, prepared for the 2014 John Wayne Airport ("JWA") Settlement Agreement, to which the City is a party. 2. The Planning Commission of the City of Newport Beach hereby recommends the following to the City Council: a. Adopt Land Use Element Amendment, which is attached hereto as Exhibit “A,” and incorporated herein by reference; b. Adopt Noise Element Amendment, which is attached hereto as Exhibit “B,” and incorporated herein by reference; c. Adopt Title 20 (Planning and Zoning) of the NBMC, which is attached hereto as Exhibit “C,” and incorporated herein by reference; d. Adopt Newport Place Planned Community (PC-11) Text Amendment, which is attached hereto as Exhibit “D,” and incorporated herein by reference; and e. Adopt Newport Airport Village Planned Community (PC-60) Text Amendment, which is attached hereto as Exhibit “E,” and incorporated herein by reference, f. Adopt Land Use Element Figures LU11, LU22 and LU23 to remove the 65 dBA CNEL noise contour, which are attached hereto as Exhibit “F,” Exhibit “G,” and Exhibit “H,” respectively, and incorporated herein by reference; g. Adopt Noise Element Figures N4 and N5 to update the 65 dBA CNEL noise contour, which are attached hereto as Exhibit “I” and Exhibit "J,” respectively, and incorporated herein by reference; and h. Adopt CEQA - Findings of Consistency, which are attached hereto as “Exhibit K,” and incorporated herein by reference. Planning Commission Resolution No. PC2023-015 Page 9 of 29 3. In conformance with City Council Policy K-1, the Planning Commission reviewed and recommended approval of the Amendments to the City Council by the adoption of Resolution No. PC2023-015. PASSED, APPROVED, AND ADOPTED THIS 3rd DAY OF AUGUST, 2023. AYES: Barto, Ellmore, Rosene, and Salene NOES: None RECUSED: Harris, Langford, and Lowrey ABSENT: None BY:_________________________ Curtis Ellmore, Chair BY:_________________________ Tristan Harris, Secretary DocuSign Envelope ID: C58AD014-680B-45F9-896A-BDEE68157193 Planning Commission Resolution No. PC2023-015 Page 10 of 29 EXHIBIT “A” Amendment to the 2006 General Plan Land Use Element Airport Area Reference & Page Propose Changes Airport Area narrative change Introduction on Pg 3-100 Modify the third paragraph on page 3-100 as follows: Development in the Airport Area is limited restricted due to the safety restrictions and noise associated impacts of JWA with John Wayne Airport. Much of the southwestern portion of the area is located in the 65 dBA CNEL, which is unsuitable for residential and other “noise-sensitive” uses. Additionally, building heights are restricted for aviation safety. Residential uses can be allowed in the Airport Area on parcels that are wholly or partially outside the 65 dBA CNEL contour as denoted in Figures N4 and N5 of the Noise Element. Figure N5 is largely derived from the 2014 John Wayne Airport Settlement Agreement Amendment Environmental Impact Report (EIR No. 617). Residential uses may be approved in these areas provided interior living areas are protected from excessive noise by appropriate construction techniques that reduce the interior noise to 45 dBA CNEL, consistent with state law. (See Cal. Code Regs., tit. 21, § 5014, subd. (a)(1)-(4).) Parcels that are wholly within the John Wayne Airport 65 dB CNEL contour shown in Figure N5 (e.g., those identified as experiencing noise levels above 65 dB CNEL) are unsuitable for residential development unless and until the City determines, based on substantial evidence, that the site(s) wholly within the 65-70 dB CNEL contours are needed for the City to satisfy its Sixth Cycle RHNA mandate. Nonresidential uses are, however, encouraged on parcels located wholly within the 65 dBA CNEL contour area. Policy Overview; Pg 3-101 Modify the fourth sentence in first paragraph on page 3-101 as follows: Housing Residential and mixed-use (commercial and residential) buildings would be restricted from areas exposed to exterior noise levels of John Wayne Airport 65 dBA CNEL and higher, based on the dBA CNEL contour boundaries shown in Figure N5 of the Noise Element of the General Plan, unless and until the City determines, based on substantial evidence that the sites wholly within such contour area are needed for the City to satisfy its Sixth Cycle RHNA mandate. Planning Commission Resolution No. PC2023-015 Page 11 of 29 Policy LU6.15.3 (Airport Compatibility); Pg 3-101 Require that all development be constructed in conformance with the height restrictions set forth by the Federal Aviation Administration (FAA), Federal Aviation Regulations (FAR) Part 77, and Caltrans Division of Aeronautics, and that residential development shall be allowed only on parcels with noise levels of less than located outside of the John Wayne Airport 65 dBA CNEL noise contour area as shown in Figure N5 of the Noise Element of the General Plan specified by the 1985 JWA Master Plan, unless and until the City determines, based on substantial evidence, that the sites wholly within the 65 dBA CNEL noise contour shown in Figure N5 are needed for the City to satisfy its Sixth Cycle RHNA mandate. Nonresidential uses are, however, encouraged on parcels located wholly within the 65 dBA CNEL contour area. (Imp 2.1, 3.1, 4.1, 14.3) Planning Commission Resolution No. PC2023-015 Page 12 of 29 EXHIBIT “B” Amendment to the 2006 General Plan Noise Element Reference & Page Proposed Changes Narrative-Community Noise Contours; Pg 12- 9 Modify the second full paragraph on page 12-9 as follows: The aircraft noise contours that are used for planning purposes by the County of Orange and Airport Land Use Commission are found in the Airport Environs Land Use Plan (AELUP) and are derived from the 1985 Master Plan for JWA and the accompanying EIR 508. These noise contours are based on fleet mix and flight level assumptions developed in EIR 508, and are shown in Figure N5 Figures N1 and N2.” Add the following paragraph after the second full paragraph on page 12-9 as follows: The Noise Chapter within 2014 John Wayne Airport Settlement Agreement Amendment Environmental Impact Report EIR No. 617 illustrated how the dBA CNEL noise contours have reduced in size compared to the 1985 AELUP Master Plan CNEL noise contours, in which the General Plan policies and maps are based on. The noise contours in EIR No. 617 are based on more contemporary noise modeling programs. Airport noise contours generated in this noise study using the INM Version 7.0d which was released for use in May 2013, and is the state- of-art in airport noise modeling. Consequently, Figures N4 and N5 are updated to reflect the noise contours identified by the 2014 John Wayne Airport Settlement Agreement Amendment Environmental Impact Report No. 617. Modify the last sentence of the third full paragraph on page 12- 9 as follows: The 65 dBA CNEL contour area describes the area for which new noise-sensitive developments, including residential uses, will be conditionally permitted only if appropriate measures are included such that the standards contained in this Noise Element are achieved. Noise-sensitive uses shall not be located on parcels that are wholly within the John Wayne Airport 65 dBA CNEL contour as shown in Figure N5. Modify the fourth full paragraph on page 12-9 as follows: Planning Commission Resolution No. PC2023-015 Page 13 of 29 The JWA AELUP (last amended in 2002) only allows residential uses and other noise-sensitive uses within a 65 dBA noise contour if the interior noise standard of 45 dBA CNEL can be maintained, with an accompanying dedication of a navigation easement for noise to the airport proprietor applicable to single-family residences Furthermore, residential units should be sufficiently indoor-oriented, consistent with Title 21 of the California Code of Regulations, so as to reduce noise impingement on outdoor living areas. The JWA AELUP also strongly recommends that if any residential uses are allowed within a 60 dBA CNEL contour that sufficient sound attenuating methods are used to maintain a 45 dBA CNEL interior noise level. all designated outdoor common or recreational areas provide outdoor signage informing the public of the presence of operating aircraft. Policy N1.2 (Noise Exposure Verification for New Development); Pg 12-25 Applicants for proposed residential or mixed-use projects that require environmental review and are located in areas projected to be exposed to 65-70 dBA CNEL or greater CNEL60 dBA and higher, as shown on Figure N4, Figure N5, and Figure N6 may must conduct a field survey, noise measurements or other modeling in a manner acceptable to the City noise study to provide evidence that the depicted noise contours do not adequately account for local noise exposure circumstances due to such factors as, topography, variation in traffic speeds, and other applicable conditions. These findings shall be used to determine the level of exterior or interior noise, attenuation needed to attain an acceptable noise exposure level and the feasibility of such measures when other planning considerations are taken into account, consistent with Title 21 of the California Code of Regulations. (Imp 2.1) Policy N1.5 (Infill Projects); Pg 12-25 Allow a higher (above 65 dBA CNEL) exterior noise level standard for infill projects in existing residential areas adjacent to major arterials if it can be shown that there are no feasible mechanisms to meet the exterior noise levels. The interior standard of 45 dBA CNEL shall be enforced for any new residential project or mixed-use project containing a residential component, consistent with Title 21 of California Code of Regulations. (Imp 2.1, 7.1) Planning Commission Resolution No. PC2023-015 Page 14 of 29 Policy N1.5A (Airport Area Infill Projects) New Policy Allow infill residential projects proximate to John Wayne Airport to have a higher exterior noise level standard (65- 70 dBA CNEL) if it can be shown that there are no practical mechanisms or designs to meet the exterior noise levels. The interior standard of 45 dBA CNEL shall be enforced for any residential component of projects. No residential units may be located on parcels wholly within the John Wayne Airport 65 dBA CNEL noise contour area as shown in Figure N5, of the Noise Element of the General Plan, unless and until the City determines, based on substantial evidence, that the sites wholly within such contour area are needed for the City to satisfy its Sixth Cycle RHNA mandate. Nonresidential uses are encouraged on parcels located wholly within the 65 dBA CNEL contour area, shown in Figure N5. Policy N2.2 (Design of Sensitive Land Uses); Pg 12-26 Require the use of walls, berms, interior noise insulation, double-paned windows, advanced insulation systems, or other noise mitigation measures, as appropriate, in the design of new residential developments to attenuate noise levels to not exceed 45 dBA CNEL interior. or oOther new noise sensitive land uses that are adjacent to major roads arterials and located proximate to John Wayne Airport (e.g., infill residential) and within the 65-70 dBA CNEL noise contour area are required to be indoor-oriented to reduce noise impacts on outdoor living or recreational areas. Application of the Noise Standards in Table N3 N2 shall govern this requirement. (Imp 7.1) Policy N3.1 (New Development); Pg 12- 27 Ensure new development is compatible with the noise environment by using airport noise contours no larger than those contained in the 1985 JWA Master Plan, as guides to future planning and development decisions proximate to John Wayne Airport by not allowing residential units on parcels located wholly within the John Wayne Airport 65 dBA CNEL noise contour, as shown in Figure N5 of the Noise Element of the General Plan, unless and until the City determines, based on substantial evidence, that the sites wholly within such contour area are needed for the City to satisfy its Sixth Cycle RHNA mandate. Policy N3.2 (Residential Development); Pg 12- 28 Require that residential development in proximate to John Wayne Airport Area shall not be located outside on parcels wholly within the John Wayne Airport 65 dBA outside of the 65 dBA CNEL noise contour shown in Figure N5 of the Planning Commission Resolution No. PC2023-015 Page 15 of 29 Noise Element of the General Plan, unless and until the City determines, based on substantial evidence, that the sites wholly within such contour area are needed for the City to satisfy its Sixth Cycle RHNA mandate. the 1985 JWA Master Plan and. Rrequire residential developers of residential or mixed-use land uses with a residential component to notify prospective purchasers or tenants of aircraft noise. Additionally, require outdoor common areas or recreational areas of residential or mixed-used developments to be posted with signs notifying users regarding the proximity to John Wayne Airport and the presence of operating aircraft and noise. (Imp 2.1, 3.1, 4.1) Planning Commission Resolution No. PC2023-015 Page 16 of 29 EXHIBIT “C” Amendment to Title 20 (Planning and Zoning) of the Newport Beach Municipal Code Amend Section 20.30.080.F (Noise-Airport Environs Land Use Plan Residential Use Proximate to John Wayne Airport) of Title 20 (Planning and Zoning) of the Newport Beach Municipal Code to read as follows: F. Residential Use Proximate to John Wayne Airport Environs Land Use Plan. Residential uses, including mixed-use residential, shall be prohibited within the 1985 John Wayne Airport (JWA) Master Plan 65 dBA CNEL contour allowed on parcels or sites wholly or partially outside the John Wayne Airport 65 dBA CNEL noise contour as shown in Figure N5 of the Noise Element of the General Plan, as identified in the 2014 John Wayne Airport Settlement Agreement Amendment Environmental Impact Report (EIR No. 617) and consistent with Title 21 of the California Code of Regulations, subject to the following conditions that apply to all residential projects within the John Wayne Airport 60 dBA CNEL or higher CNEL noise as shown in Figures N4 and N5 of the Noise Element of the General Plan: 1) Prior to the issuance of any building permits for such development, a noise study shall be prepared by a City-approved qualified acoustical consultant and submitted to the Community Development Director for approval; 2) All new residential structures or the residential units within a mixed-use development shall be attenuated to provide an interior noise level of 45 dBA CNEL or less; 3) The design of the residential portions of mixed-use projects and residential developments shall have adequate noise attenuation between adjacent uses and units (common floor/ceilings) in accordance with the California Building Code; 4) New mixed-use developments shall incorporate designs with loading areas, parking lots, driveways, trash enclosures, mechanical equipment, and other noise sources away from the residential portion of the development; 5) Use of walls, berms, interior noise insulation, double paned windows, advance insulation systems, or other noise mitigation measures, as deemed appropriate shall be incorporated in the design of new residential to bring interior sound attenuation to 45 dBA CNEL or less; 6) Residential uses shall be indoor-oriented to reduce noise impingement on outdoor living areas; 7) On-site indoor amenities, such as fitness facilities or recreation and entertainment facilities shall be encouraged; and 8) Advanced air filtration systems for buildings shall be considered to promote cleaner air. Residential development shall be limited to parcels or sites wholly or partially outside the 65 dBA CNEL noise contour, unless and until the City determines, based on substantial evidence, that the parcels or sites wholly within such contour area are Planning Commission Resolution No. PC2023-015 Page 17 of 29 needed for the City to satisfy its Sixth Cycle RHNA mandate. Non-residential uses are encouraged on parcels or sites located wholly within the 65 dBA CNEL contour area. Planning Commission Resolution No. PC2023-015 Page 18 of 29 EXHIBIT “D” Amendment to Newport Place Planned Community (PC-11) Amend Part III. Residential Overlay, Section V.D.1 (Airport Noise Compatibility) to read as follows: 1. Residential development shall be located outside up to the JWA 65 dB CNEL noise contour, specified by the 1985 JWA Master Plan the John Wayne Airport 65 dBA CNEL noise contour as shown in Figure N5 of the Noise Element of the General Plan, and subject to compliance with Section 20.30.080.F (Residential Use Proximate to John Wayne Airport) of the Newport Beach Municipal Code. Residential development shall be limited to parcels wholly or partially outside the 65 dBA CNEL noise contour, unless and until the City determines, based on substantial evidence, that the sites wholly within such contour area are needed for the City to satisfy its Sixth Cycle RHNA mandate. Non-residential uses are encouraged on parcels located wholly within the 65 dBA CNEL contour area. Planning Commission Resolution No. PC2023-015 Page 19 of 29 EXHIBIT “E” Amendment to Newport Airport Village Planned Community (PC-60) Amend Section I.D. (Purpose and Objective) to read as follows: “D. Purpose and Objective The purpose of the PCDP is to establish appropriate zoning regulations that govern the land use and development of the PC in a manner that is consistent with the City of Newport Beach General Plan. Implementation of the PCDP will: − Provide a quality mixed-use development that includes residential and supporting commercial uses; as well as, commercial uses that support or benefit from the proximity to the airport. − Create two planning areas to guide the development of the PC District (see Figure 4). Planning Area 1 will include the residential and, potentially, a complimentary retail or service commercial component of the PC District. Planning Area 2 will consist exclusively of non- residential uses. − Provide new housing opportunities in response to increased demand for housing, reduction of vehicle trips, and an encouragement of an active lifestyle by increasing the opportunity for residents to live in proximity to jobs, services, and entertainment. Such housing will be proximate to, and interconnected with, commercial development through pedestrian walkways provided by future development within the PCDP. - Ensure that all residential units are located outside the John Wayne Airport 65 dBA CNEL noise contour and Safety Zone 3 and noise-sensitive uses (e.g., schools, churches, hospitals, public libraries) regardless of location, shall be designed to maintain the interior noise standard of 45 dBA CNEL or less and in compliance with Section 20.30.080.F (Residential Use Proximate to John Wayne Airport) of the Municipal Code. “ - Protect future residents and other sensitive uses by prohibiting these uses from being developed on parcels that are wholly within the John Wayne Airport 65 dBA CNEL noise contour area shown in Figure N5 of the Noise Element of the General Plan. Residential development shall be limited to parcels wholly or partially outside the John Wayne Airport 65 dBA CNEL noise contour, unless and until the City determines, based on substantial evidence, that the sites wholly within such contour area are needed for the City to satisfy its Sixth Cycle RHNA mandate. Non-residential uses are encouraged on parcels located wholly within the John Wayne Airport 65 dBA CNEL contour area as shown in Figures N5 of the Noise Element of the General Plan and outside of Safety Zone 3 of the AELUP.” Amend Section II.A. (Permitted Uses) to read as follows: Table 1 lists the permitted uses for each planning area of the Planned Community. The uses identified within the table are not intended to be a comprehensive list, but rather major use Planning Commission Resolution No. PC2023-015 Page 20 of 29 categories. All residential units and noise-sensitive uses, regardless of location, shall maintain the interior noise standard of 45 dBA CNEL or less, and shall be located on parcels wholly or partially outside the John Wayne Airport 65 dBA noise contour as shown in Figures N5 of the Noise Element of the General Plan area and Safety Zone 3 of the AELUP. Residential development shall be limited to parcels wholly or partially outside the John Wayne Airport 65 dBA CNEL noise contour, unless and until the City determines, based on substantial evidence, that the sites wholly within such contour area are needed for the City to satisfy its Sixth Cycle RHNA mandate. Non-residential uses are encouraged on parcels located wholly within the John Wayne Airport 65 dBA CNEL contour area. The Community Development Director may determine other uses not specifically listed herein are allowed or allowed pursuant to an MUP or a CUP, provided they are consistent with the purpose of the planning areas, are compatible with surrounding uses, and are not listed as a prohibited use. Amend Section II.B. (Prohibited Uses) to read as follows: The following uses shall be expressly prohibited from the PCDP: B. Prohibited Uses The following uses shall be expressly prohibited from the PCDP: 1. Any use not authorized by this PCDP unless the Community Development Director determines a particular use consistent with the purpose and intent of the PCDP, 2. Residential dwelling units within (i.e., west of) the 65 dBA CNEL (or above) noise contour from John Wayne Airport (residential accessory uses, and amenities are allowed), 2. Residential dwelling units within John Wayne Airport Safety Zone 3 (residential accessory uses, and amenities are allowed), 3. The following uses, if said structure within 250 feet of any residential dwelling unit: a. Handicraft Industry b. Industry, Small (less than 5,000 sq. ft.) c. Emergency Health Facilities/Urgent Care d. Ambulance Services e. Funeral Homes and Mortuaries f. Maintenance and Repair Services. Planning Commission Resolution No. PC2023-015 Page 21 of 29 EXHIBIT “F” Land Use Element Figure LU11 – Statistical Areas J6, L4 Planning Commission Resolution No. PC2023-015 Page 22 of 29 EXHIBIT “G” Land Use Element Figure LU22 – Airport Planning Commission Resolution No. PC2023-015 Page 23 of 29 EXHIBIT “H” Land Use Element Figure LU23 - Airport Area Residential Villages Illustrative Concept Diagram Planning Commission Resolution No. PC2023-015 Page 24 of 29 EXHIBIT “I” Noise Element Figures N4 - Future Noise Contours Planning Commission Resolution No. PC2023-015 Page 25 of 29 EXHIBIT “J” Noise Element Figure N5 - Future Noise Contours Planning Commission Resolution No. PC2023-015 Page 26 of 29 EXHIBIT “K” CEQA - Findings of Consistency The California Environmental Quality Act (“CEQA”) (California Public Resources Code §§21000 et seq.); the State CEQA Guidelines (Title 14, California Code of Regulations §§15000 et seq.); and the rules, regulations, and procedures for implementing CEQA as set forth by the City of Newport Beach (“City”) provide guidance regarding when additional environmental review is required. Pursuant to the provisions of CEQA and the State CEQA Guidelines, Newport Beach is the Lead Agency charged with the responsibility of deciding whether to approve the Amendments to Newport Beach General Plan Land Use and Noise Elements, Title 20 (Planning and Zoning) of the Newport Beach Municipal Code, Newport Place Planned Community (PC-11), and Newport Airport Village Planned Community (PC-60) (Amendments) to accommodate housing units identified by the certified 2021-2029 Sixth Cycle General Plan Housing Element. The provisions of State CEQA Guidelines Section 15183 are applicable to the Amendments. The Amendments are not subject to further environmental review pursuant to CEQA Guidelines Section 15183 because the Amendments do not change the underlying land use or zoning designations of any specific parcels, including parcels within the Airport Area or within the updated noise contours; and would not result in new significant impacts or a substantial more adverse impact than addressed in John Wayne Airport Settlement Agreement Amendment Environmental Impact Report No. 617 (State Clearinghouse No. 2001111135) (EIR No. 617). The Amendments are also exempt because they fall within the scope of analysis contained within the previously certified EIR No. 617, prepared for the 2014 John Wayne Airport Settlement Agreement, to which the City is a party. CEQA Guidelines Section 15183 provides, in relevant part: (a) CEQA mandates that projects which are consistent with the development density established by existing zoning, community plan, or general plan policies for which an EIR was certified shall not require additional environmental review, except as might 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: (1) Are peculiar to the project or the parcel on which the project would be located, (2) 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, (3) 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 Planning Commission Resolution No. PC2023-015 Page 27 of 29 (4) 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 subdivision (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: (1) The project is consistent with: (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 (2) 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 Amendments would create new significant impacts or significant impacts that would be substantially more severe than those disclosed in the John Wayne Airport Settlement Agreement Amendment Environmental Impact Report No. 617 (State Clearinghouse No. 2001111135) (EIR No. 617). Additional CEQA review is only triggered if the Amendments create new significant impacts or impacts that are more severe than those disclosed in EIR No. 617 such that major revisions to the EIR would be required. The Amendments provide for updated noise contours as established in EIR No. 617 and revisions to General Plan policies, Title 20 of Newport Beach Municipal Code (NBMC), Newport Place Planned Community (PC-11), and Newport Airport Village Planned Community (PC-60) to allow for consistency between the certified 2021-2029 Sixth Cycle Housing Element and the Newport Beach General Plan and NBMC as it applies to future housing uses near John Wayne Airport. The Amendments are proposed to ensure consistency pursuant to the State Planning and Zoning Law and the City’s compliance with its RHNA allocation. Residential and mixed-use (commercial and residential) buildings would be restricted from areas exposed to exterior noise levels of 65 dBA CNEL and higher, based on the dBA CNEL contour boundaries set forth in EIR No. 617 for inclusion as Figure N5 of the Noise Element of the General Plan, unless and until the City determines, based on substantial evidence that the sites wholly within such contour area are needed for the City to satisfy its Sixth Cycle RHNA mandate. The Amendments do not grant any development entitlements or authorize development. Planning Commission Resolution No. PC2023-015 Page 28 of 29 The proposed policy changes and NBMC amendments would allow the City to implement housing policies which are in the Sixth Cycle Housing Element. The Sixth Cycle Housing Element was determined to be statutorily exempt under CEQA Guidelines Section 15262 because it does not provide development entitlements to any specific land use projects, nor does it make any changes to the General Plan land use map or modify land use designations, densities, or land use intensities. The policies and program changes are needed for the City’s compliance with its RHNA allocation and would not cause a significant effect on the environment or that were previously analyzed adequately in the Newport Beach General Plan Update Program EIR (SCH No. 2006011119) or EIR No. 617. The Noise Chapter of EIR No. 617 explained how the dBA CNEL noise contours have reduced in size compared to the 1985 Airport Environs Land Use Plan (AELUP) Master Plan CNEL noise contours, in which the City’s General Plan policies and maps are based on. The 1985 Master Plan noise contours are considerably larger than the existing noise contours presented previously. This is largely due to a quieter fleet of existing commercial aircraft and a dramatic reduction in the number of generation aviation operations. The noise contours in EIR No. 617 are based on more contemporary noise modeling programs, as the EIR explained that “one of the most important factors in generating accurate noise contours is the collection of accurate operational data”. Airport noise contours generated in this noise study using the INM Version 7.0d which was released for use in May 2013, and is the state-of-art in airport noise modeling. As such, the City proposes to update the Noise Element to include these noise contours, which in part, modify where residential uses could occur outside of the 65 CNEL contour in the Airport Area. Based on these updated noise contours, certain Housing Opportunity Sites will now be outside of the 65 CNEL contour while others will be within the 65 CNEL contour. However, the Amendments will not result in development of greater intensity than is allowed under the 2006 General Plan and Newport Airport Village Planned Community, as amended. Residential uses can be allowed in the Airport Area on parcels that are wholly or partially outside the 65dBA CNEL contour as denoted in Figure N5 of the Noise Element. Figure N5 is largely derived from EIR No. 617. Residential uses may be approved in these areas provided interior living areas are protected from excessive noise by appropriate construction techniques that reduce the interior noise to 45 dBA CNEL, consistent with state law. Parcels that are wholly within the 65 dB CNEL contour shown in Figure N5 (e.g., those identified as experiencing noise levels above 65 dB CNEL) are unsuitable for residential development unless and until the City determines, based on substantial evidence, that the site(s) wholly within the 65-70 dB CNEL contours are needed for the City to satisfy its Sixth Cycle RHNA mandate. The changes would not allow for more development than assumed in the growth assumptions in the General Plan nor would it impact the City’s RHNA obligations. To the extent new parcels are able to be developed in the future for residential uses, by nature of no longer being located within areas identified as experiencing 65 dB CNEL or greater, those parcels must be part of a specific proposed project for consideration and processing by the City for approval. Future housing development would be subject to compliance with the established regulatory framework, namely federal, State, regional, and local (including General Plan policies, NBMC standards, and Standard Conditions of Approval). While by-right housing projects may be Planning Commission Resolution No. PC2023-015 Page 29 of 29 exempt from CEQA, all future residential uses affected by the Amendments would continue to be subject to further development review, which can include technical supporting reports. No new information that was not known at the time the General Plan and EIR No. 617 were prepared is now available that demonstrates that the Amendments will result in a new or increased significant impact. The Amendments would not cause growth beyond that accommodated by the General Plan. The Amendments do not introduce new land use designations or otherwise alter general land use patterns or development standards. Therefore, the findings of previously certified EIR No. 617 are applicable to the Amendments. Implementation of the Amendments would not substantially increase the severity of previously identified impacts, including but not limited to air emissions and greenhouse gas emissions. Although the noise contours would be updated, the requirements for compliance with noise standards would not change. In summary, the Amendments would not result in any new significant environmental effects that are substantially different from those identified in EIR No. 617 nor would it substantially increase the severity of significant effects previously identified in EIR No. 617. Therefore, based on the provisions of State CEQA Guidelines Section 15183, no additional CEQA documentation is required.