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HomeMy WebLinkAbout5.0_Housing Element Implementation, Noise-Related Amendments_PA2022-0201CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT April 20, 2023 Agenda Item No. 5 SUBJECT: Housing Element Implementation, Noise-Related Amendments (PA2022-0201) General Plan Land Use Element Amendment General Plan Noise Element Amendment Title 20 Zoning Code Amendment Newport Place Planned Community Amendment Newport Airport Village Planned Community Amendment SITE LOCATION: Various sites in the Newport Beach Airport Area bounded by Campus Drive, Jamboree Road, and Route 73, including portions of the Newport Beach Golf Course on Irvine Avenue, the YMCA on University Drive, and several sites in the Santa Ana Heights area. APPLICANT: City of Newport Beach PLANNER: Rosalinh Ung, Principal Planner 949-644-3208 or rung@newportbeachca.gov PROJECT SUMMARY 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) to allow residential units identified by the certified 2021-2029 6th Cycle Newport Beach General Plan Housing Element to be located within the 65 dBA to 70 dBA CNEL noise contour area as specified by the 2008 John Wayne Airport Environs Land Use Plan (AELUP). The proposed amendments were noticed and scheduled for the April 6, 2023, Planning Commission meeting. However, the Planning Commission was unable to consider the proposed amendments due to the lack of a quorum. There have been no deviations to the proposed amendments, other than minor refinements to the proposed policies and standards included in the draft resolution (Attachment No. PC 1). The description and analysis provided in the April 6, 2023, staff report remain relevant and accurate, and the report is included as Attachment No. PC 2. 1 Item continued to Planning Commission meeting of May 4, 2023 INTENTIONALLY BLANK PAGE2 Planning Commission, April 20, 2023 Housing Element Implementation, Noise-Related Amendments (PA2022-0201) Page 2 RECOMMENDATION 1) Conduct a public hearing; 2) Find the proposed amendments exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15262 feasibility and planning studies and 15061(b)(3) common sense exemption because they would not result in physical environment impacts; and 3) Adopt Resolution No. PC2023-015 recommending approval of the Airport Area Noise Amendment to the City Council (PA2022-0201) (Attachment No. PC 1). Prepared by: Submitted by: ATTACHMENTS PC 1 Draft Planning Commission Resolution PC 2 April 6, 2023, Planning Commission Staff Report and Attachments :\Users\PLN\Shared\PA's\PAs - 2022\PA2022-0201\PC\PC-Staff_Report.docx01/18/23 3 INTENTIONALLY BLANK PAGE4 Attachment No. PC 1 Draft Planning Commission Resolution 5 INTENTIONALLY BLANK PAGE6 RESOLUTION 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 AND NEWPORT AIRPORT VILLAGE PLANNED COMMUNITY RELATED TO NOISE IN THE AIRPORT AREA IN ORDER TO IMPLEMENT THE 6TH 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 (“6th 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 6th 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 6th 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 6th Cycle Housing Element. A total of 62 new housing opportunity sites are identified in the Airport Area. Of those sites, there are 23 sites within the 60 dBA to 65 dBA CNEL contour area, and 11 are proposed in areas less than 60 dBA CNEL contour area. The remaining 28 new housing opportunity sites are located within the 65 dBA to 70 dBA CNEL noise contour area. These opportunity sites have been identified and included in the 6th Cycle Housing Element – Appendix B (Adequate Sites Analysis). 7 Planning Commission Resolution No. PC2023-015 Page 2 of 15 01-17-23 4. The 6th 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 (“HEUAC”) at fourteen Brown Act meetings, and brought iterations of the Housing Element to one duly noticed Planning Commission study session and six (6) duly noticed City Council study sessions where the Housing Element was publicly reviewed and discussed. Additionally, the HEUAC formed five (5) 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, and Newport Airport Village Planned Community restrict residential developments in the 65 dBA CNEL and higher noise contour area in the Airport Area. 6. The following amendments to the Noise Element, Land Use Element, Title 20 of the NBMC, Newport Place Planned Community and Newport Airport Village Planned Community are necessary to implement the 6th Cycle Housing Element to allow residential uses, including mixed-use residential, within the 65 dBA to 70 dBA CNEL noise contour area identified in the Noise Element (“Amendment”): Land Use Element: • Policy LU6.15.3 (Airport Compatibility), 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). 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 • 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 April 20, 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. 8 Planning Commission Resolution No. PC2023-015 Page 3 of 15 01-17-23 SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. The Amendment is statutorily exempt under Section 15262 of the of the California Code of Regulations, Title 14, Division 6, Chapter 3 (“CEQA Guidelines”), which exempts projects involving feasibility or planning studies for future actions which the City has not approved or funded and categorically exempt under Section 15061(b)(3) common sense exemption because the Amendment involves modifications to certain City General Plan policies and NBMC standards for consistency with the adopted and certified 6th Cycle Housing Element. The amendments to Noise and Land Use Elements do not grant any development entitlements or authorize development beyond what is allowed under the City’s current General Plan and Title 20 (Planning and Zoning) of the NBMC. 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). Given its nature and scope, the Amendment would not result in physical environmental impacts. 2. While some by-right housing projects may be exempt from CEQA, all future housing development affected by the proposed amendments to Noise Element, Land Use Element, Municipal Code, and Planned Communities would continue to be subject to further development review, which can include technical supporting reports. Based on these factors, it can be seen with certainty that the Amendment would not have a significant effect on the environment and would, therefore, be exempt from CEQA under the common-sense exemption. 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 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 residential developments within the 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: 9 Planning Commission Resolution No. PC2023-015 Page 4 of 15 01-17-23 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 6th Cycle Housing Element which allows 28 new housing opportunity sites identified in the Housing Element – Appendix B that are currently located within the 65 dBA to 70 dBA CNEL noise contour area, in addition to 34 new sites within the 65dBA or less noise contours, for a total of 62 sites to be developed with residential units. These sites are a part of the 172 acres of land to accommodate at least 2,577 housing units in a variety of income levels. 3. 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. The City received comments from the NAHC indicating that twelve (12) tribal contacts should be provided notice regarding the Amendment. Notices were sent to the twelve (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 will expire on May 16, 2023. 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 to the Noise Element and Land Use Element are to eliminate a conflict with the certified 6th Cycle Housing Element, which allows residential development to be located within the 65 dBA to 70 dBA CNEL noise contour area as identified in the Noise Element of the General Plan. As a result, these policies and regulations must be updated to eliminate conflicting policy and regulatory restrictions to provide consistency with the 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 10 Planning Commission Resolution No. PC2023-015 Page 5 of 15 01-17-23 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. 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 11 Planning Commission Resolution No. PC2023-015 Page 6 of 15 01-17-23 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 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 PC-11 (Newport Place) and PC- 60 (Newport Airport Village) 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. 12 Planning Commission Resolution No. PC2023-015 Page 7 of 15 01-17-23 Finding and Facts in Support of Findings: The amendment to PC-11 and PC-60 to allow residential developments within the 65 dBA CNEL and 70 dBA CNEL noise contour area 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, 14 of 28 new housing opportunity sites located in Newport Place and Newport Airport Village planned communities are within the 65 dBA to 70 dBA CNEL 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. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby finds this action is covered by the general rule that the CEQA applies only to projects that have the potential for causing a significant effect on the environment (Section 15061(b)(3)) common sense exemption and is statutory exempt pursuant to Section 15262 in accordance with the recitals under Section 2 of this Resolution. 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. 13 Planning Commission Resolution No. PC2023-015 Page 8 of 15 01-17-23 3. In conformance with City Council Policy K-1, the Planning Commission reviewed and recommended approval of Airport Noise Amendment to the City Council by the adoption of Resolution No. PC2023-015. PASSED, APPROVED, AND ADOPTED THIS 20th DAY OF APRIL, 2023. AYES: NOES: ABSTAIN: ABSENT: BY:_________________________ Curtis Ellmore, Chair BY:_________________________ Sarah Klaustermeier, Secretary 14 Planning Commission Resolution No. PC2023-015 Page 9 of 15 01-17-23 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 “Development in the Airport Area is restricted due to the safety restrictions and noise associated impacts of JWA with John Wayne Airport. Much of the southwestern portion of the Airport Area area is located in the 65 dBA CNEL, which is unsuitable for residential and other “noise-sensitive” uses either within the 60 to 65 dBA CNEL area or the 65 dBA to 70 dBA CNEL area. Residential uses can be allowed in these areas up to the 70 dBA CNEL contour provided interior living areas are protected from excessive noise by appropriate construction techniques that reduce the interior noise to 45 dBA CNEL. Those areas beyond louder than the 70 dBA CNEL contour are unsuitable for residential development...” Policy Overview; Pg 3-101 “…Housing Residential and mixed-use (commercial and residential) buildings would be restricted from areas exposed to exterior noise levels of 65 70 dBA CNEL and higher…” 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 in located outside of the 65 70 dBA to 75 dBA CNEL noise contour areas with noise levels of less than 70 dBA as shown in Figures N1, N2, N4, and N5 of the Noise Element of the General Plan specified by the 1985 JWA Master Plan 2008 Airport Environs Land Use Plan (AELUP) for John Wayne Airport. (Imp 2.1, 3.1, 4.1, 14.3) 15 Planning Commission Resolution No. PC2023-015 Page 10 of 15 01-17-23 EXHIBIT “B” Amendment to the 2006 General Plan Noise Element Reference & Page Proposed Changes Narrative-Community Noise Contours; Pg 12- 9 “…The 65 dBA to 70 dBA CNEL contour area describes the area for which new noise-sensitive developments, including residential uses, will be permitted only if appropriate measures are included such that the standards contained in this Noise Element are achieved. Noise-sensitive uses should not be located in areas subject to noise levels of 70 dBA CNEL or higher.” “The JWA AELUP (last amended in 2002 2008) only allows residential uses and other noise-sensitive uses within a 65 dBA noise contour and above if the interior noise standard of 45 dBA CNEL can be maintained, with an accompanying dedication of a navigation avigation easement for noise to the airport proprietor applicable to single-family residences, multi- family residences and mobile homes. Furthermore, residential units should be sufficiently indoor-oriented so as to reduce noise impingement on outdoor living areas. The 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 CNEL60 dBA CNEL and higher, as shown on Figures N1 through N6 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. (Imp 2.1) 16 Planning Commission Resolution No. PC2023-015 Page 11 of 15 01-17-23 Policy N1.5 (Infill Projects); Pg 12-25 Allow a higher 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. (Imp 2.1, 7.1) 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 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 in the 70 dBA CNEL or higher noise contour areas. 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 other new noise sensitive land uses that are adjacent to major roads arterials and located proximate to John Wayne Airport. Residential uses within the 65 dBA to 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 in areas subjected to noise exceeding 70 dBA CNEL as shown in Figures N1, N2, N4, and N5 of the Noise Element of the General Plan. based on the adopted noise contour maps shown in the 2008 AELUP for John Wayne Airport. Policy N3.2 (Residential Development); Pg 12- 28 Require that residential development in proximate to the John Wayne Airport Area shall not be located outside beyond of the 65 70 dBA to 75 dBA CNEL noise contour area shown in Figures N1, N2, N4, and N5 of the Noise Element of the General Plan the 1985 JWA Master Plan and 2008 AELUP for John Wayne Airport. Rrequire residential 17 Planning Commission Resolution No. PC2023-015 Page 12 of 15 01-17-23 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) 18 Planning Commission Resolution No. PC2023-015 Page 13 of 15 01-17-23 EXHIBIT “C” Amendment to Title 20 (Planning and Zoning) Municipal Code Amend Section 20.30.080.F (Noise-Airport Environs Land Use Plan) of Title 20 (Planning and Zoning) of the Newport Beach Municipal Code to read as follows: F. 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 up to the 70 dBA CNEL noise contour as shown in Figures N1, N2, N4, and N5 of the Noise Element of the General Plan, specified by the 2008 Airport Environs Land Use Plan (AELUP) for John Wayne Airport, subject to the following conditions: 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. 19 Planning Commission Resolution No. PC2023-015 Page 14 of 15 01-17-23 EXHIBIT “D” Amendment to Newport Place Planned Community (PC-11) Amend Part III. Residential Overlay Zone, 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 2008 Airport Environs Land Use Plan (AELUP) 70 dBA to 75 dBA CNEL noise contour as shown in Figures N2 and N5 of the Noise Element of the General Plan area for the John Wayne Airport, and subject to compliance with Section 20.30.080.F (Noise-Airport Environs Land Use Plan) of Municipal Code. 20 Planning Commission Resolution No. PC2023-015 Page 15 of 15 01-17-23 EXHIBIT “E” Amendment to Newport Airport Village Planned Community (PC-60) Amend Section I.D. Purpose and Objective to read as follows: “- 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 (Noise-Airport Environs Land Use Plan) of Municipal Code. “ - Protect future residents and other sensitive uses by prohibiting these uses from being developed within sites subject louder than to 70 dBA to 75 dBA CNEL noise contour area and outside of Safety Zone 3 as shown in Figures N2 and N5 of the Noise Element of the General Plan designated by the John Wayne Airport 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 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 outside of the John Wayne Airport 70 dBA to 75 dBA CNEL noise contour as shown in Figures N2 and N5 of the Noise Element of the General Plan area and Safety Zone 3 of the AELUP. 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.2 Prohibited Uses to read as follows: The following uses shall be expressly prohibited from 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), 21 INTENTIONALLY BLANK PAGE22 Attachment No. PC 2 April 6, 2023, Planning Commission Staff Report and Attachments 23 INTENTIONALLY BLANK PAGE24 CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT April 6, 2023 Agenda Item No. 2 SUBJECT: Housing Element Implementation, Noise-Related Amendments (PA2022-0201)  General Plan Land Use Element Amendment  General Plan Noise Element Amendment  Title 20 Zoning Code Amendment  Newport Place Planned Community Amendment  Newport Airport Village Planned Community Amendment SITE LOCATION: Various sites in the Newport Beach Airport Area bounded by Campus Drive, Jamboree Road, and Route 73, including portions of the Newport Beach Golf Course on Irvine Avenue, the YMCA on University Drive, and several sites in the Santa Ana Heights area. APPLICANT: City of Newport Beach PLANNER: Rosalinh Ung, Principal Planner 949-644-3208 or rung@newportbeachca.gov PROJECT SUMMARY 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) to allow residential units identified by the certified 2021-2029 6th Cycle Newport Beach General Plan Housing Element to be located within the 65 dBA to 70 dBA CNEL noise contour area as specified by the 2008 John Wayne Airport Environs Land Use Plan (AELUP). RECOMMENDATION 1) Conduct a public hearing; 2) Find the proposed amendments exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15262 feasibility and planning studies and 15061(b)(3) common sense exemption because they would not result in physical environment impacts; and 3) Adopt Resolution No. PC2023-015 recommending approval of the Airport Area Noise Amendment to the City Council (PA2022-0201) (Attachment No. PC 1). 25 Housing Element Implementation, Noise-Related Amendments (PA2022-0201) Planning Commission, April 6, 2023 Page 2 AIRPORT AREA NOISE CONTOURS MAP & NEW HOUSING SITES 26 Housing Element Implementation, Noise-Related Amendments (PA2022-0201) Planning Commission, April 6, 2023 Page 3 INTRODUCTION Background On September 13, 2022, the City Council adopted the 2021-2029 City of Newport Beach Housing Element (Housing Element) after receiving its 6th Cycle Regional Housing Needs Assessment (RHNA) allocation. On October 5, 2022, the State Department of Housing and Community Development (HCD) certified the Housing Element as substantially compliant with State housing laws. The Housing Element provides a comprehensive set of housing goals and policies, as well as an inventory of potential candidate housing sites by income category to meet the City’s RHNA allocation. Several of the sites identified are proximate to John Wayne Airport within the 65 dBA to 70 dBA Community Noise Equivalent Level (CNEL) noise contour area. Currently, there are City policies and regulations related to noise that prohibit residential uses in this area. The opportunity sites are necessary to meet the City’s RHNA allocation obligation. As a result, these policies and regulations must be updated to eliminate the prohibition. 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: West Newport Mesa, Dover-Westcliff/Mariner’s Mile, Newport Center, Coyote Canyon, and the 5th Cycle sites. The Airport Area includes 62 new housing opportunity sites that could accommodate up to 2,577 housing units. This comprises approximately 25 percent of the total housing units identified in the various focus areas identified in the Housing Element. Of the 62 sites within the Airport Area, 28 are located within the 65 dBA to 70 dBA CNEL noise contour area. When the Housing Element was being drafted, the Airport Land Use Commission (ALUC) reviewed these sites and found the entire draft Housing Element inconsistent with the Airport Environs Land Use Plan (AELUP). Ultimately, the City Council overrode their determination consistent with State law and adopted the Housing Element with these sites included. State Mandates and Local Agency’s Regulations The CNEL is the predominant noise rating scale used in California for land use compatibility. This scale is based on a weighted average of noise level over a period of 24 hours. CNEL is frequently used in regulations of airport noise impacts on the surrounding community, excluding single-noise events. Table 1 below is a summary of all noise-related regulations, plans, and studies adopted by the ALUC and the State requiring all residential developments only to be located up to 70 dBA CNEL noise area and maintaining an interior level of 45 dBA CNEL with noise reduction requirements. The proposed amendments would follow State mandates and local agency regulations by ensuring appropriate noise considerations are made and that mitigation measures are 27 Housing Element Implementation, Noise-Related Amendments (PA2022-0201) Planning Commission, April 6, 2023 Page 4 included in the design. Additionally, residential development and the residential portion of mixed-use projects would be restricted from areas exposed to exterior noise levels of 70 dBA CNEL and higher. Table 1 Noise-Related Regulations and Plans Regulation Description John Wayne Airport Environs Land Use Plan (AELUP) Amended April 17, 2008, Section 2.1.1 Residential uses (all type) are "conditionally consistent" for Noise Impact Zone 2 (Moderate Noise Impact) -60-to-65 dBA CNEL noise contour, and "normally inconsistent" for Noise Impact Zone 1 (High Impact) - 65 dBA or above CNEL noise contour. Residential uses be developed with advanced insulation systems to bring the sound attenuation to no more than 45 dB inside. A dedication of an avigation noise easement applicable to all residential uses and mobile homes is provided to JW Airport. Residential uses within the 65 dBA CNEL and above noise contour are required to be "indoor-oriented" to preclude noise impingement on outdoor living areas. California Airport Noise Standards (California Code of Regulations Title 21 Sections 5012 & 5014) Section 5012 establishes that the 65 dBA CNEL is the acceptable limit of aircraft noise for persons living near an airport. Section 5014 states that residential uses are incompatible in areas subject to the 65 dBA CNEL and above unless noise mitigation is provided for high rise apartments and condominiums. California Building Code 2022 Chapter 12 Subsection 1206.4 Interior noise levels attributable to exterior sources shall not exceed 45 dB in any habitable room. No exterior standard is established State Office of Planning & Research Appendix D Noise Element Guidelines (2017) Residential uses are “conditionally acceptable” up to 70 dBA CNEL noise exposure. New construction requires detail analysis of noise reduction requirements is made and needed noise insulation features included in the design. Conventional construction, but with closed windows and fresh air supply systems or air conditioning will normally suffice. City of Newport Beach Land Use and Noise Elements Residential uses shall be located outside of the 65 dBA noise contour. Projects that require environmental review and are in areas projects to be exposed to 60 dBA CNEL and higher may conduct a field survey, noise measurement or other modeling acceptable to the City to determine level of interior or exterior noise, attenuation needed to attain an acceptable noise exposure level and feasibility of such measures when other planning considerations are taken into account. 28 Housing Element Implementation, Noise-Related Amendments (PA2022-0201) Planning Commission, April 6, 2023 Page 5 In summary, the City initially prohibited housing in areas mapped as 65 dBA CNEL or higher to avoid potential conflicts. The State Office of Planning and Research (OPR) noise compatibility guidelines were updated in 2017 to provide greater flexibility to locate housing. In those guidelines, residential uses are “conditionally acceptable” up to the 70 dBA CNEL provided construction is undertaken subject to detailed analysis and needed noise insulation is included. The proposed amendment is consistent with OPR’s latest guidance. Project Description The current Land Use and Noise Elements of the General Plan, Title 20 (Planning and Zoning) of Newport Beach Municipal Code (NBMC), and provisions within two planned communities in the Airport Area do not allow residential developments within the 65 dBA to 70 dBA CNEL noise contour area. As a result, these policies and regulations must be updated to eliminate conflicting policy and regulatory restrictions to provide consistency with the Housing Element. The proposed changes are needed to implement the necessary land use changes and overlay zones to allow housing on sites within the 65-70 dBA CNEL noise contour areas. No development would be directly authorized by the proposed amendments. The following amendments are proposed to allow residential development within the 65 dBA to 70 dBA CNEL noise contour area in the Airport Area: Land Use Element: • Policy LU6.15.3 (Airport Compatibility) Noise Element: • Policy N1.2 (Noise Exposure Verification for New Development) • Policy N1.5.A (Airport Area Infill Projects (new policy for Airport Area) • Policy N2.2 (Design of Sensitive Land Uses) • Policy N3.2 (Residential Development) Title 20 Zoning Code Amendment: • Section 20.30.080(F) (Noise-Airport Environs Land Use Plan) Planned Community Text Amendments: • Newport Place Planned Community (PC-11) – Part III. Residential Overlay Zone, Section V.D.1 (Airport Noise Compatibility) • Newport Airport Village Planned Community (PC-60) –Sections I.D (Purpose and Objective), & II.A & B (Permitted & Prohibited Uses) 29 Housing Element Implementation, Noise-Related Amendments (PA2022-0201) Planning Commission, April 6, 2023 Page 6 Summary of proposed changes: • Residential uses proximate to John Wayne Airport would be allowed on properties that fall within the 65 dBA to 70 dBA CNEL noise contour area. Residential uses would remain prohibited in areas mapped 70 dBA CNEL and above; • All residential projects and any residential component of mixed-use projects would be required to meet an interior noise level of 45 dBA CNEL and projects would be required to provide a noise study to demonstrate compliance. The noise study would be required for all projects located within the 60 dBA CNEL or higher noise contour areas; • Residential uses within the 65 dBA to 70 dBA CNEL noise contour area would be required to be indoor-oriented to reduce noise impacts to outdoor living or recreational areas; • A higher exterior noise level standard would be allowed when it can be shown that there are no practical mechanisms or designs to meet the lower exterior noise levels; • Developers of residential or mixed-use projects with a residential component are required to notify prospective purchasers or tenants of aircraft noise; and • All outdoor common open space or recreational areas of residential or mixed-use projects will be required to be posted with signs notifying users regarding the proximity to John Wayne Airport and the presence of operating aircraft and noise. A complete list of changes to General Plan policies, zoning codes and planned communities, and their referenced pages and locations is included as Attachment No. PC 2. DISCUSSION Analysis General Plan Amendment The proposed amendments would modify the General Plan Policies in the Land Use Element and Noise Element for consistency with the Housing Element. The proposed changes include all noise-related policies for the Airport Area listed above. These changes are essential to allow residential projects, including mixed-use residential, within the 65 dBA to 70 dBA CNEL noise contour area. The proposed amendments would be consistent with the following Housing Element Policies and Policy Actions: • 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.); 30 Housing Element Implementation, Noise-Related Amendments (PA2022-0201) Planning Commission, April 6, 2023 Page 7 • Housing Policy 4.2 (Enable construction of new housing units sufficient to meet City qualified goals by identifying adequate sites for their construction.); and • Policy Action 4J (Airport Environs Sub Area Environmental Constraints) The proposed amendments would allow 28 new housing opportunity sites identified in the Housing Element - Appendix B that are currently located within the 65 dBA to 70 dBA CNEL noise contour area, to be developed with residential units. These sites are a part of the 172 acres of land to provide for the capacity of at least 2,577 housing units to serve a variety of income levels. Half of the 28 new housing opportunity sites in Newport Place and Newport Airport Village Planned Communities are located within the 65 dBA to 70 dBA CNEL noise contour area. By providing uniform and concise conditions of approval identified in the 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. Charter 423 Analysis 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. The purpose of the amendments to the Noise Element and Land Use Element are to eliminate a conflict with the certified 6th Cycle Housing Element which allows residential development to be located within the 65 dBA to 70 dBA CNEL noise contour area as specified by the 2008 John Wayne Airport Environs Land Use Plan (“AELUP”). As a result, these policies and regulations must be updated to eliminate conflicting policy and regulatory restrictions to provide consistency with the 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 Amendment Section 20.30.080(F) (Noise-Airport Environs Land Use Plan) of the Newport Beach Municipal Code (NBMC) will be updated to allow residential uses, including mixed-use residential, up to the 70 dBA CNEL noise contour, subject to the following conditions: 31 Housing Element Implementation, Noise-Related Amendments (PA2022-0201) Planning Commission, April 6, 2023 Page 8 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. Newport Place Planned Community Amendment Part III. Residential Overlay Zone, Section V.D.1 (Airport Noise Compatibility) will be revised to restrict residential developments outside the 2008 AELUP 70 dBA CNEL or higher noise contour, for John Wayne Airport, subject to compliance with Section 20.30.080(F) (Noise-Airport Environs Land Use Plan) of the NBMC. Newport Airport Village Planned Community Amendment Section I.D. Purpose and Objective will be amended to allow all residential units and noise-sensitive uses, regardless of location (within the project’s area), to be located outside of the John Wayne Airport 70 dBA CNEL noise contour and Safety Zone 3, maintain the interior noise standard of 45 dB, and in compliance with Section 20.30.080(F) (Noise-Airport Environs Land Use Plan) of the NBMC. Airport Land Use Commission Consistency Determination California Public Utilities Code Section 21676(b) and John Wayne Airport Environs Land Use Plan (AELUP) Section 4.11 require the City to refer the proposed noise amendment to the Airport Land Use Commission (ALUC) for consistency determination with the AELUP due to the proposed amendment to the Land Use and Noise Elements, Zoning 32 Housing Element Implementation, Noise-Related Amendments (PA2022-0201) Planning Commission, April 6, 2023 Page 9 Code and Planned Communities. The proposed amendments are scheduled for ALUC consideration at its April 20, 2023, meeting. Environmental Review The amendments are statutorily exempt under Section 15262 of the of the California Code of Regulations, Title 14, Division 6, Chapter 3 (“CEQA Guidelines”), which exempts projects involving feasibility or planning studies for future actions which the City has not approved or funded and categorically exempt under Section 15061(b)(3) common sense exemption because the amendment involves modifications to certain City General Plan policies and NBMC standards for consistency with the adopted and certified 6th Cycle Housing Element. The amendments to Noise and Land Use Elements do not grant any development entitlements or authorize development beyond what is allowed under the City’s current General Plan and Title 20 (Planning and Zoning) of the NBMC. 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). Given its nature and scope, the amendments would not result in physical environmental impacts. While some by-right housing projects may be exempt from CEQA, all future housing development affected by the proposed amendments to Noise Element, Land Use Element, Municipal Code, and Planned Communities would continue to be subject to further development review, which can include technical supporting reports. Based on these factors, it can be seen with certainty that the amendments would not have a significant effect on the environment and would, therefore, be exempt from CEQA under the common-sense exemption. Public Notice Given the proposed amendments only involve the properties located in the Airport Area, notice of this hearing was published in the Daily Pilot and mailed to all owners of properties located within the 65 dBA to 70 dBA CNEL noise contour area at least 10 days before the scheduled meeting, consistent with the provisions of Section 20.66.030(B) of the NBMC. Additionally, the item appeared on the agenda for this meeting, which was posted at City Hall and on the city website. 33 Housing Element Implementation, Noise-Related Amendments (PA2022-0201) Planning Commission, April 6, 2023 Page 10 Prepared by: Submitted by: ATTACHMENTS PC 1 Draft Planning Commission Resolution PC 2 Noise-Related Amendments Matrix - Existing and Proposed Changes :\Users\PLN\Shared\PA's\PAs - 2022\PA2022-0201\PC\PC-Staff_Report.docx01/18/23 34 Attachment No. PC 1 Draft Planning Commission Resolution 35 INTENTIONALLY BLANK PAGE36 RESOLUTION 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 AND NEWPORT AIRPORT VILLAGE PLANNED COMMUNITY RELATED TO NOISE IN THE AIRPORT AREA IN ORDER TO IMPLEMENT THE 6TH 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 (“6th 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 6th 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 6th 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 6th Cycle Housing Element. A total of 62 new housing opportunity sites are identified in the Airport Area. Of those sites, there are 23 sites within the 60 dBA to 65 dBA CNEL contour area, and 11 are proposed in areas less than 60 dBA CNEL contour area. The remaining 28 new housing opportunity sites are located within the 65 dBA to 70 dBA CNEL noise contour area. These opportunity sites have been identified and included in the 6th Cycle Housing Element – Appendix B (Adequate Sites Analysis). 37 Planning Commission Resolution No. PC2023-015 Page 2 of 15 01-17-23 4. The 6th 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 (“HEUAC”) at fourteen Brown Act meetings, and brought iterations of the Housing Element to one duly noticed Planning Commission study session and six (6) duly noticed City Council study sessions where the Housing Element was publicly reviewed and discussed. Additionally, the HEUAC formed five (5) 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, and Newport Airport Village Planned Community restrict residential developments in the 65 dBA CNEL and higher noise contour area in the Airport Area. 6. The following amendments to the Noise Element, Land Use Element, Title 20 of the NBMC, Newport Place Planned Community and Newport Airport Village Planned Community are necessary to implement the 6th Cycle Housing Element to allow residential uses, including mixed-use residential, within the 65 dBA to 70 dBA CNEL noise contour area identified in the 2008 John Wayne Airport Environs Land Use Plan (AELUP) (“Amendment”): Land Use Element: • Policy LU6.15.3 (Airport Compatibility), 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), • Policy N 3.2 (Residential Development), 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 • 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 April 6, 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. 38 Planning Commission Resolution No. PC2023-015 Page 3 of 15 01-17-23 SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. The Amendment is statutorily exempt under Section 15262 of the of the California Code of Regulations, Title 14, Division 6, Chapter 3 (“CEQA Guidelines”), which exempts projects involving feasibility or planning studies for future actions which the City has not approved or funded and categorically exempt under Section 15061(b)(3) common sense exemption because the Amendment involves modifications to certain City General Plan policies and NBMC standards for consistency with the adopted and certified 6th Cycle Housing Element. The amendments to Noise and Land Use Elements do not grant any development entitlements or authorize development beyond what is allowed under the City’s current General Plan and Title 20 (Planning and Zoning) of the NBMC. 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). Given its nature and scope, the Amendment would not result in physical environmental impacts. 2. While some by-right housing projects may be exempt from CEQA, all future housing development affected by the proposed amendments to Noise Element, Land Use Element, Municipal Code, and Planned Communities would continue to be subject to further development review, which can include technical supporting reports. Based on these factors, it can be seen with certainty that the Amendment would not have a significant effect on the environment and would, therefore, be exempt from CEQA under the common-sense exemption. 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 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 residential developments within the 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: 39 Planning Commission Resolution No. PC2023-015 Page 4 of 15 01-17-23 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 6th Cycle Housing Element which allows 28 new housing opportunity sites identified in the Housing Element – Appendix B that are currently located within the 65 dBA to 70 dBA CNEL noise contour area, in addition to 34 new sites within the 65dBA or less noise contours, for a total of 62 sites to be developed with residential units. These sites are a part of the 172 acres of land to accommodate at least 2,577 housing units in a variety of income levels. 3. Pursuant to California Government Code Section 65352.3 (SB18), a local government is required to contact the appropriate tribes identified by the Native American Heritage Commission (“NAHC”) each time it considers a proposal to adopt or amend the General Plan. If requested by any tribe, the local government must consult for the purpose of preserving or mitigating impacts to cultural resources. The City received comments from the NAHC indicating that twelve (12) tribal contacts should be provided notice regarding the Amendment. Notices were sent to the twelve (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 will expire on May 16, 2023. 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 to the Noise Element and Land Use Element are to eliminate a conflict with the certified 6th Cycle Housing Element which allows residential development to be located within the 65 dBA to 70 dBA CNEL noise contour area as specified by the 2008 John Wayne Airport Environs Land Use Plan (“AELUP”). As a result, these policies and regulations must be updated to eliminate conflicting policy and regulatory restrictions to provide consistency with the Housing Element. Notwithstanding the foregoing, no development would be directly authorized by the amendments to the Noise Element and Land Use Element. As 40 Planning Commission Resolution No. PC2023-015 Page 5 of 15 01-17-23 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. 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 41 Planning Commission Resolution No. PC2023-015 Page 6 of 15 01-17-23 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 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 PC-11 (Newport Place) and PC-60 (Newport Airport Village) 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 to PC-11 and PC-60 to allow residential developments within the 65 dBA CNEL and 70 dBA CNEL noise contour area is consistent with the following Housing Element Policy and Policy Action: 42 Planning Commission Resolution No. PC2023-015 Page 7 of 15 01-17-23 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, 14 of 28 new housing opportunity sites located in Newport Place and Newport Airport Village planned communities are within the 65 dBA to 70 dBA CNEL 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. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby finds this action is covered by the general rule that the CEQA applies only to projects that have the potential for causing a significant effect on the environment (Section 15061(b)(3)) common sense exemption and is statutory exempt pursuant to Section 15262 in accordance with the recitals under Section 2 of this Resolution. 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. 3. In conformance with City Council Policy K-1, the Planning Commission reviewed and recommended approval of Airport Noise Amendment to the City Council by the adoption of Resolution No. PC2023-015. 43 Planning Commission Resolution No. PC2023-015 Page 8 of 15 01-17-23 PASSED, APPROVED, AND ADOPTED THIS 6th DAY OF APRIL, 2023. AYES: NOES: ABSTAIN: ABSENT: BY:_________________________ Curtis Ellmore, Chair BY:_________________________ Sarah Klaustermeier, Secretary 44 Planning Commission Resolution No. PC2023-015 Page 9 of 15 01-17-23 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 “Development in the Airport Area is restricted due to the safety restrictions and noise associated impacts of JWA with John Wayne Airport. Much of the southwestern portion of the Airport Area area is located in the 65 dBA CNEL, which is unsuitable for residential and other “noise-sensitive” uses either within the 60 to 65 dBA CNEL area or the 65 dBA to 70 dBA CNEL area. Residential uses can be allowed in these areas up to the 70 dBA CNEL contour provided interior living areas are protected from excessive noise by appropriate construction techniques that reduce the interior noise to 45 dBA CNEL. Those areas beyond the 70 dBA CNEL contour are unsuitable for residential development...” Policy Overview; Pg 3-101 “…Housing Residential and mixed-use (commercial and residential) buildings would be restricted from areas exposed to exterior noise levels of 65 70 dBA CNEL and higher…” 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 located outside of the 65 70 dBA to 75 dBA CNEL noise contour area specified by the 1985 JWA Master Plan2008 Airport Environs Land Use Plan (AELUP) for John Wayne Airport. (Imp 2.1, 3.1, 4.1, 14.3) 45 Planning Commission Resolution No. PC2023-015 Page 10 of 15 01-17-23 EXHIBIT “B” Amendment to the 2006 General Plan Noise Element Reference & Page Proposed Changes Narrative-Community Noise Contours; Pg 12- 9 “…The 65 dBA to 70 dBA CNEL contour area describes the area for which new noise-sensitive developments, including residential uses, will be permitted only if appropriate measures are included such that the standards contained in this Noise Element are achieved. Noise-sensitive uses should not be located in areas subject to noise levels of 70 dBA CNEL or higher.” “The JWA AELUP (last amended in 2002 2008) only allows residential uses and other noise-sensitive uses within a 65 dBA noise contour and above 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, multi-family residences and mobile homes. Furthermore, residential units should be sufficiently indoor-oriented so as to reduce noise impingement on outdoor living areas. The 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 CNEL60 dBA CNEL 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. (Imp 2.1) 46 Planning Commission Resolution No. PC2023-015 Page 11 of 15 01-17-23 Policy N1.5 (Infill Projects); Pg 12-25 Allow a higher 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. (Imp 2.1, 7.1) 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 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 in the 70 dBA CNEL or higher noise contour areas. Policy N2.2 (Design of Sensitive Land Uses); Pg 12-26 Require the use of walls, berms, interior noise insulation, double-paned windows, advance 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 other new noise sensitive land uses that are adjacent to major roads arterials and located proximate to John Wayne Airport. Residential uses within the 65 dBA to 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 in areas subjected to noise exceeding 70 dBA CNEL based on the adopted noise contour maps shown in the 2008 AELUP for John Wayne Airport. Policy N3.2 (Residential Development); Pg 12- 28 Require that residential development in the Airport Area be located outside of the 65 70 dBA to 75 dBA CNEL noise contour area shown in the 1985 JWA Master Plan and 2008 AELUP for John Wayne Airport. 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 47 Planning Commission Resolution No. PC2023-015 Page 12 of 15 01-17-23 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) 48 Planning Commission Resolution No. PC2023-015 Page 13 of 15 01-17-23 EXHIBIT “C” Amendment to Title 20 (Planning and Zoning) Municipal Code Amend Section 20.30.080.F (Noise-Airport Environs Land Use Plan) of Title 20 (Planning and Zoning) of the Newport Beach Municipal Code to read as follows: F. 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 up to the 70 dBA CNEL noise contour, specified by the 2008 Airport Environs Land Use Plan (AELUP) for John Wayne Airport, subject to the following conditions: 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. 49 Planning Commission Resolution No. PC2023-015 Page 14 of 15 01-17-23 EXHIBIT “D” Amendment to Newport Place Planned Community (PC-11) Amend Part III. Residential Overlay Zone, Section V.D.1 (Airport Noise Compatibility) to read as follows: 1. Residential development shall be located outside the JWA 65 dB CNEL noise contour, specified by the 1985 JWA Master Plan 2008 Airport Environs Land Use Plan (AELUP) 70 dBA to 75 dBA CNEL noise contour area for John Wayne Airport, and subject to compliance with Section 20.30.080.F (Noise-Airport Environs Land Use Plan) of Municipal Code. 50 Planning Commission Resolution No. PC2023-015 Page 15 of 15 01-17-23 EXHIBIT “E” Amendment to Newport Airport Village Planned Community (PC-60) Amend Section I.D. Purpose and Objective to read as follows: “- 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 (Noise-Airport Environs Land Use Plan) of Municipal Code. “ - Protect future residents and other sensitive uses by prohibiting these uses from being developed within sites subject to 70 dBA to 75 dBA CNEL noise contour area and outside of Safety Zone 3 as designated by the John Wayne Airport 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 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 outside of the John Wayne Airport 70 dBA to 75 dBA CNEL noise contour area and Safety Zone 3. 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.2 Prohibited Uses to read as follows: The following uses shall be expressly prohibited from 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), 51 INTENTIONALLY BLANK PAGE52 Attachment No. PC 2 Housing Element Implementation, Noise-Related Amendments Matrix – Existing & Proposed Changes 53 INTENTIONALLY BLANK PAGE54 AMENDMENT TO THE 2006 GENERAL PLAN LAND USE ELEMENT Reference & Page Propose Changes Airport Area narrative change Introduction on Pg 3-100 “Development in the Airport Area is restricted due to the safety restrictions and noise associated impacts of JWA with John Wayne Airport. Much of the southwestern portion of the Airport Area area is located in the 65 dBA CNEL, which is unsuitable for residential and other “noise-sensitive” uses either within the 60 to 65 dBA CNEL area or the 65 dBA to 70 dBA CNEL area. Residential uses can be allowed in these areas up to the 70 dBA CNEL contour provided interior living areas are protected from excessive noise by appropriate construction techniques that reduce the interior noise to 45 dBA CNEL. Those areas beyond the 70 dBA CNEL contour are unsuitable for residential development...” Policy Overview; Pg 3-101 “…Housing Residential and mixed-use (commercial and residential) buildings would be restricted from areas exposed to exterior noise levels of 65 70 dBA CNEL and higher…” 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 located outside of the 65 70 dBA to 75 dBA CNEL noise contour area specified by the 1985 JWA Master Plan2008 Airport Environs Land Use Plan (AELUP) for John Wayne Airport. (Imp 2.1, 3.1, 4.1, 14.3) 55 AMENDMENT TO THE 2006 GENERAL PLAN NOISE ELEMENT Reference & Page Proposed Changes Narrative-Community Noise Contours; Pg 12- 9 “…The 65 dBA to 70 dBA CNEL contour area describes the area for which new noise-sensitive developments, including residential uses, will be permitted only if appropriate measures are included such that the standards contained in this Noise Element are achieved. Noise-sensitive uses should not be located in areas subject to noise levels of 70 dBA CNEL or higher.” “The JWA AELUP (last amended in 2002 2008) only allows residential uses and other noise-sensitive uses within a 65 dBA noise contour and above 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, multi-family residences and mobile homes. Furthermore, residential units should be sufficiently indoor-oriented so as to reduce noise impingement on outdoor living areas. The 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 CNEL60 dBA CNEL 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. (Imp 2.1) Policy N1.5 (Infill Projects); Pg 12-25 Allow a higher 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 56 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. (Imp 2.1, 7.1) 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 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 in the 70 dBA CNEL or higher noise contour areas. Policy N2.2 (Design of Sensitive Land Uses); Pg 12-26 Require the use of walls, berms, interior noise insulation, double-paned windows, advance 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 other new noise sensitive land uses that are adjacent to major roads arterials and located proximate to John Wayne Airport. Residential uses within the 65 dBA to 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 in areas subjected to noise exceeding 70 dBA CNEL based on the adopted noise contour maps shown in the 2008 AELUP for John Wayne Airport. Policy N3.2 (Residential Development); Pg 12- 28 Require that residential development in the Airport Area be located outside of the 65 70 dBA to 75 dBA CNEL noise contour area shown in the 1985 JWA Master Plan and 2008 AELUP for John Wayne Airport. 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 57 Airport and the presence of operating aircraft and noise. (Imp 2.1, 3.1, 4.1) 58 AMENDMENT TO TITLE 20 MUNICIPAL CODE Amend Section 20.30.080.F (Noise-Airport Environs Land Use Plan) of Title 20 (Planning and Zoning) of the Newport Beach Municipal Code to read as follows: F. 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 up to the 70 dBA CNEL noise contour, specified by the 2008 Airport Environs Land Use Plan (AELUP) for John Wayne Airport, subject to the following conditions: 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. 59 Newport Place Planned Community (PC-11) Text Amendment Part III. Residential Overlay Zone, Section V.D.1 (Airport Noise Compatibility) 1. Residential development shall be located outside the JWA 65 dB CNEL noise contour, specified by the 1985 JWA Master Plan 2008 Airport Environs Land Use Plan (AELUP) 70 dBA to 75 dBA CNEL noise contour area for John Wayne Airport, and subject to compliance with Section 20.30.080.F (Noise-Airport Environs Land Use Plan) of Municipal Code. 60 Newport Airport Village Planned Community (PC-60) Section I.D. Purpose and Objective “- 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 (Noise-Airport Environs Land Use Plan) of Municipal Code. “ - Protect future residents and other sensitive uses by prohibiting these uses from being developed within sites subject to 70 dBA to 75 dBA CNEL noise contour area and outside of Safety Zone 3 as designated by the John Wayne Airport AELUP.” Section II.A Permitted Uses 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 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 outside of the John Wayne Airport 70 dBA to 75 dBA CNEL noise contour area and Safety Zone 3. 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. Section II.B.2 Prohibited Uses The following uses shall be expressly prohibited from 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), 61 April 20, 2023, Planning Commission Item 5 Comments These comments on a Newport Beach Planning Commission agenda item are submitted by: Jim Mosher ( jimmosher@yahoo.com ), 2210 Private Road, Newport Beach 92660 (949-548-6229). Item No. 5. HOUSING ELEMENT IMPLEMENTATION, NOISE-RELATED AMENDMENTS (PA2022-0201) I submitted comments on this item when it was scheduled as Item 2 at the Commission’s April 6, 2023, meeting, a meeting which was ultimately not held due the lack of a quorum. While it is good to see staff has responded to some of those comments with revisions (for example recognizing that the County’s JWA AELUP does not define any 70 or 75 dB CENEL contours), the comments themselves, which dealt with a variety of issues, are not part of the revised report and appear to have been lost from the public record. I am, therefore, separately resubmitting them as they were posted by staff on April 5. Looking at Exhibit “C” to the revised resolution (handwritten page 19 of the staff report), I continue to see a couple of problems. First, in changing from a land use prohibition to a land use allowance, the “allowed up to the 70 dBA CNEL noise contour” language would mean meeting the eight conditions would be required on all housing at any noise level below 70 dBA CNEL. I believe the intention was that these conditions would be required only of applications between the 65 and 70 dBA CNEL contours. Second, it seems to have become a positive requirement to allow all kinds of housing in that CNEL range even if the zoning would otherwise prohibit it. I suspect it was intended to include the qualification “if otherwise allowed” (that is, “Residential uses, including mixed-use residential, if otherwise allowed, shall be allowed between the 65 and 70 dBA CNEL noise contours …” It might also be noted (as staff seems of recognized in revising Exhibits “D” and “E”) that the 70 dBA CNEL “AELUP Noise Contour” appears only on Figures N2 and N5 of our current General Plan Noise Element. It is not shown on the other figures, although Roadway 70 dBA CNEL contours appear on all. Further, if the Noise Element is revised these references may change, so to avoid a need to amend the Municipal Code it might be wise to mention what vintage of Noise Element is being referred to. The comment that the Airport 70 dBA CNEL contour appears only on Figures N2 and N5 also applies to the General Plan policy revisions LU6.15.3, N3.1 and N3.2, as proposed at the bottoms of handwritten pages 15 and 17. (Figures N2 and N5 also appear to show a 75 dBA CNEL “AELUP Noise Contour,” although it is not identified in their legend) Planning Commission - April 20, 2023 Item No. 5a - Additional Materials Received Housing Element Implementation, Noise-Related Amendments (PA2022-02021) April 6, 2023, Planning Commission Item 2 Comments These comments on a Newport Beach Planning Commission agenda item are submitted by: Jim Mosher ( jimmosher@yahoo.com ), 2210 Private Road, Newport Beach 92660 (949-548-6229). Item No. 2. HOUSING ELEMENT IMPLEMENTATION - NOISE-RELATED AMENDMENTS (PA2022-0201) General Comments As a member of the Noise Element subcommittee of our City’s General Plan Advisory Committee, it troubles me that amendments to the Noise Element are being considered by the Planning Commission without any prior review by the GPAC. Especially since I am unable to find anything explaining the urgency of processing this ahead of other changes. Furthermore, the suggestions in the proposed resolution that placing housing in previously- prohibited high noise areas is a solution for the City’s lower income RHNA obligations raises questions of environmental justice that have not yet been considered by the GPAC. As someone who lives near the airport and is much affected by noise from it, I am also concerned about the likely rejection of the amendments by the County Airport Land Use Commission when this is rushed before them on April 20 and its impact on the City’s relations with the County. One of the key protections from airport expansion that Newport Beach residents agree is the City’s 2006 Cooperative (“Spheres”) Agreement with the County, signed in conjunction with the annexation of East Santa Ana Heights. In return for the City’s promise to remain a “consistent agency” with the County’s JWA Airport Environs Land Use Plan, it gives the City right of refusal of any plan to expand the existing JWA runway to the south. While state law apparently allows the City to remain “consistent” by overriding the ALUC’s determination of inconsistency, that hardly seems in the spirit of the agreement. It also bothers me that according to the AELUP, the state law (PUC Sec. 21678) also stipulates that such an override will immunize the County from liability for any resulting damages to property or personal injury. Assuming someone remains liable, that would seem to be the City. Regarding the staff report, I would note the only depiction of what is meant by the various CNEL contours referred to in the proposed amendments is the map on handwritten page 3, for which I am unable to find any explanation. The contours shown appear to be the same as the airport noise contours shown in Figures N2 and N5 of the current Noise Element. But it might be further noted only the 60 and 65 dB contours are shown in Appendix D of JWA’s 2008 AELUP. The origin of the 70 and 75 dB contours is unclear. Their positions do not appear to be defined by the AELUP. That said, it is also unclear why these particular contours are being used for planning purposes. As explained in the AELUP, they are all amalgam of projections adopted by the County in 1985 as to possible future impacts from JWA 5 and 20 years in the future. That is, in 1990 and 2005. Planning Commission - April 20, 2023 Item No. 5a - Additional Materials Received Housing Element Implementation, Noise-Related Amendments (PA2022-02021) April 6, 2023, PC agenda Item 2 comments - Jim Mosher Page 2 of 3 The AELUP has long encouraged the ALUC to adopt more realistic contours based on more current operational data. The ALUC has not done so, but planning for the future based on projections made nearly 40 years ago for dates that are now 20 to 30 years in past makes little sense to me. The most recent “actual” contours posted by JWA (for calendar year 2022), show a 65 dB CNEL contour of similar length to that in the AELUP (extending into the Back Bay), but significantly narrower (passing, for example, through the intersection of Birch and Quail). However, these, too, are modeled, for there are no monitors measuring the actual CNEL to the east or west of the airfield. There may also be future projected airport noise contours in the County-certified EIR’s for the last Settlement Agreement extension in 2014, and the General Aviation Improvement Program in 2019. Any of these would seem better than the ones used in our current Noise Element. My overall attitude about this is that if we expect the airport too be good neighbors to us, we should be good neighbors to the airport by honoring our prior commitments and not promoting what the County sees as incompatible land uses. But at the same time, both the City and the County should be determining compatibility based on accurate noise contour projections (which would presumably reduce the area of incompatibility) rather than using outdated maps of questionable relevance. Specific Comments Regarding Attachment PC 1 Draft Planning Commission Resolution Handwritten page 17: I do not agree with staff’s CEQA analysis in Section 2 of the resolution. CEQA Guidelines Sec. 15262 seems inapplicable since these proposals are not mere feasibility or planning “studies.” Quite to the contrary, they seek approval of definite and enforceable general plan and code amendments – not “studies” of them. Further note that 14 CCR Sec. 15262 itself specifically says “This section does not apply to the adoption of a plan that will have a legally binding effect on later activities,” and these proposals presumably do have “a legally binding effect” on future City actions. Likewise, the “common sense exemption” of Sec. 15061(b)(3) would make common sense to me only if it were absolutely certain that approving the amendments would not result in any new development that could occur without full CEQA review. But, to the contrary, Section 2.2 of the Planning Commission - April 20, 2023 Item No. 5a - Additional Materials Received Housing Element Implementation, Noise-Related Amendments (PA2022-02021) April 6, 2023, PC agenda Item 2 comments - Jim Mosher Page 3 of 3 resolution suggests it might allow some development exempt from CEQA, which would seem to negate the present action being exempt as well. I therefore disagree with the CEQA exemption claim in Section 4.1 (on handwritten page 21), as well. If I did agree, I would point out that in that section “statutory” should be “statutorily.” Handwritten page 23: The suggested change to the Land Use Element “Introduction on Pg 3- 100” does not clearly indicate if the CNEL contours refer to airport-generated noise only, while the 45 dB interior requirement refers to noise from all sources. Also, the phrase “areas beyond the 70 dBA CENEL contour” is ambiguous as to whether “beyond” means inside or outside the contour. Instead of “beyond,” I would suggest saying “inside” or “louder than.” Similarly, I think the proposed change to Policy LU6.15.3 should read “residential development shall be located outside of the 70 dBA to 75 dBA CNEL noise contour area specified by the 2008 Airport Environs Land Use Plan (AELUP) for John Wayne Airport,” for “outside the area” could mean areas both higher than 75 dBA and lower than 70 dBA CENEL because the “area” has those two sides to be “outside” of. Alternatively, language more similar to that on handwritten page 24 could be proposed, such as: “residential development shall be allowed only in areas depicted in the AELUP as being subject to noise levels of less than 70 dBA.” Handwritten page 24: In the existing narrative “navigation easement” should read “avigation easement.” In the second line of the Policy N1.2 revision, “are” should be deleted. Also, there are no airport noise contours shown on Figure N6. Is this policy referring to JWA 60 dBA contours? Or all 60 dBA contours? Handwritten page 25: In the second line of Policy N2.2, “advance” should be “advanced” and it is unclear why “mitigation” has been deleted in the following line. If “mitigation” is deleted, “noise” (in that line) could be deleted as well. It is also unclear how Table N2, rather than the currently-specified N3 would be used. The existing Policy N3.2 contains the peculiar “no larger than” words (see the revision to Policy N3.1), but they are not shown as being struck out, raising questions as to the accuracy of the redline. In any event, for both proposed Policy N3.1 and Policy N3.2, the 2008 AELUP does not specify a position for the 70 dBA (or 75 dBA) CNEL contour. Basing policy on something that does not exist seems a serious problem. Setting that problem aside, as to Policy N3.2, saying “outside” something with two sides creates unnecessary uncertainty as to what is meant. Handwritten page 27: Again, there is no 70 dBA CENEL contour in the 2008 AELUP. Handwritten pages 28 and 29: Same comment as page 25. Planning Commission - April 20, 2023 Item No. 5a - Additional Materials Received Housing Element Implementation, Noise-Related Amendments (PA2022-02021)