HomeMy WebLinkAbout4.0_Housing Element Implementation, Noise-Related Amendments_PA2022-0201CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT August 3, 2023 Agenda Item No. 4
SUBJECT: Housing Element Implementation, Noise-Related Amendments
(PA2022-0201)
General Plan Land Use Element Amendment
General Plan Noise Element Amendment
Title 20 Planning and Zoning Code Amendment
Newport Place Planned Community Amendment
Newport Airport Village Planned Community Amendment SITE LOCATION: Various sites in the Newport Beach Airport Area
PROPONENT: 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) (Amendments) to accommodate housing units identified by the certified 2021-2029 Sixth Cycle General Plan Housing Element.
RECOMMENDATION
1)Conduct a public hearing;
2)Find the proposed amendments are exempt and not subject to further environmental
review under the California Environmental Quality Act (CEQA) pursuant to CEQA
Guidelines section 15183 because the amendments would not allow development ofgreater intensity than is allowed under the 2006 General Plan, including the NewportAirport Village Planned Community, as amended. The updated contours, and impactsassociated therewith, were also fully analyzed in the 2014 John Wayne Airport
Settlement Agreement Amendment Environmental Impact Report (EIR No. 617); and
3) Adopt Resolution No. PC2023-015 recommending approval of the Housing ElementImplementation, Noise-Related Amendments to the City Council (PA2022-0201)(Attachment No. PC 1).
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EXISTING JWA NOISE CONTOURS and NEW HOUSING SITES
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PROPOSED JWA NOISE CONTOURS and HOUSING SITES
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INTRODUCTION Background
On September 13, 2022, the City Council adopted the 2021-2029 City of Newport Beach
Housing Element (Housing Element). 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 Sixth Cycle RHNA allocation. Several of the sites identified are proximate to John Wayne Airport within the existing 65 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 allowing the City
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.
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.
Previous Noise Amendments Request The proposed amendments were initially scheduled to be heard back on April 6, 2023;
however, the Commission could not consider the amendments due to a lack of a quorum.
Subsequently, staff reexamined the proposed amendments and the goals of the Housing Element, and the initial draft described in the April report has been dropped. Revised Noise Amendments
Staff has since had additional time to consider the appropriate CNEL noise contour areas to advance the policies and goals of the Sixth Cycle Housing Element. Staff determined that the existing CNEL noise contours adopted in the 2006 Noise Element were based on
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the 1985 AELUP Master Plan, specifically Noise Element Figures N4 and N5, and now are outdated and in need of updating. Staff then examined the County of Orange prepared EIR No. 617 as it relates to the 2014 John Wayne Airport Settlement Agreement Amendment. In May 2014, the County of
Orange prepared EIR No. 617, with the City as the responsible agency. After EIR 617 was certified by the County, the city was a co-signatory to the executed Settlement Agreement Amendment. The Noise Chapter of EIR No. 617 explained how the dBA CNEL noise contours have
reduced in size compared to the 1985 AELUP Master Plan CNEL noise contours, in which the City’s General Plan policies and maps are based on. The 1985 Master Plan noise contours are considerably larger than the existing noise contours presented previously. This is largely due to a quieter fleet of existing commercial aircraft and a dramatic reduction in the number of generation aviation operations. The noise contours in EIR No.
617 are based on more contemporary noise modeling programs, as the EIR explained that “one of the most important factors in generating accurate noise contours is the collection of accurate operational data”. Airport noise contours generated in this noise study using the INM Version 7.0d which was released for use in May 2013, and is the state-of-art in airport noise modeling.
The Amendments are required to further the goals, policies, and programs of the Sixth Cycle Housing Element, and replace the currently outdated CNEL noise contour boundaries in the City’s General Plan and PCs’ zoning texts with a more updated CNEL contour boundary based on updated operations at JWA, technological advancements in
aviation technology, and updated noise modeling data. In summary, staff is proposing to revise the proposed amendments as follows:
• Adopting updated noise contours (Noise Element Figures N4 and N5) to reflect the noise contours identified by the 2014 John Wayne Airport Settlement Agreement Amendment Environmental Impact Report No. 617 (EIR No. 617),
• Updating Land Use and Noise Element Policies, Land Use Element Figures LU11, LU22, and LU23, Title 20, PC-11, and PC-60 to modify and incorporate the updated noise contours identified by EIR No. 617 and to implement additional noise attenuation measures for future housing units proximate to John Wayne Airport; and
• Allowing residential units identified by the certified 2021-2029 Sixth Cycle Newport Beach Housing Element to be located within the 65 dBA CNEL noise contour area as identified in the updated noise contour maps analyzed in EIR No. 617. Parcels
bisected by the updated 65 dBA CNEL noise contour could support future housing; whereas parcels located wholly within the updated 65 dBA CNEL noise contour
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could support housing, if deemed necessary to satisfy the Regional Housing Needs Assessment (RHNA) mandate. The following specific policies, maps, and regulations are proposed to be changed:
Land Use Element:
• Policy LU6.15.3 (Airport Compatibility)
• Figure LU11 – Statistical Areas J6, L4 (removal of the outdated 65 dBA CNEL
noise contour line),
• Figure LU22 – Airport (removal of the outdated noise contour line), and
• Figure LU23 - Airport Area Residential Villages Illustrative Concept Diagram
(removal of the outdated noise contour line)
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)
• Figure N4 - Future Noise Contours (update JWA noise contours) and
• Figure N5 - Future Noise Contours (update JWA noise contours)
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)
The precise changes are included in the draft resolution as Attachment No. PC 1. Updated Land Use Element Figures LU 11, LU22, and LU22 and Noise Element Figures N4 and N5 are also referenced and included in the draft resolution.
DISCUSSION
Analysis General Plan Amendment
The amendments are required to further the goals, policies, and programs of the Sixth Cycle Housing Element, and replace the currently outdated CNEL noise contours adopted and referenced in the Land Use and Noise Elements, Title 20, and Planned Communities with updated CNEL contours analyzed in EIR No. 617. The amendments would modify
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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 and referenced figures listed above for the Airport 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.);
• 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 amendments to the Noise Element and Land Use Element would be a step in the implementation of the Sixth Cycle Housing Element. As mentioned above, a total of 62 new housing opportunity sites are identified in the Airport Area according to the Sixth Cycle Housing Element. Of those sites, 48 are located wholly or partially outside the 65
dBA CNEL contour boundary as identified in the proposed noise contour map above. Only 14 new housing opportunity sites are located wholly within the updated 65 dBA CNEL contour boundary. By updating the General Plan Land Element and Noise Element policies that prohibit
residential uses with the outdated, 1985 65 dBA CNEL contour, the Amendments will advance the Sixth Cycle Housing Element’s goal of accommodating at least 2,577 housing units in a variety of income levels in the Airport Area. Additionally, 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 is to eliminate conflicts between the certified Sixth Cycle
Housing Element and the City’s General Plan Land Use Element and Noise Element (and other ordinances), which prohibit residential development within the outdated 1985 65
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dBA CNEL noise contour area, and to adopt more updated CNEL noise contour areas that are based on updated noise modeling data, airport operations and advances in aviation technology that result in decreased noise levels. As a result, these policies and regulations must be updated to eliminate conflicting policy and regulatory restrictions to provide consistency with the Housing Element. 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 in the Airport Area, subject to the conditions below.
Residential development would be limited to parcels wholly or partially outside the updated 65 dBA CNEL noise contour, unless and until the City determines, based on substantial evidence, that the sites wholly within such contour area are needed for the City to satisfy its Sixth Cycle RHNA mandate. Non-residential uses would be encouraged
on parcels located wholly within the 2014 65 dBA CNEL contour area. 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.
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Newport Place (PC-11) and Newport Airport Village (PC-60) Planned Community
Amendments PC 11 and PC 60 will be revised to allow residential development or mixed-use development on parcels wholly or partially outside the updated 65 dBA CNEL noise
contour area, unless and until the City determines that the sites wholly within such contour area are required to meet the City’s Sixth Cycle RHNA mandate.
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 Code and Planned Communities. The proposed amendments are scheduled for ALUC
consideration at its August 17, 2023, meeting. Environmental Review The Amendments are exempt from CEQA pursuant to CEQA Guidelines section 15183
because they do not change the underlying land use or zoning designations of any specific parcels, including parcels within the Airport Area or within the updated noise contours. The Amendments, therefore, will not result in development of greater intensity than is allowed under the 2006 General Plan and Newport Airport Village Planned Community, as amended. To the extent new parcels can be developed in the future for
residential uses, by nature of no longer being located within areas identified as experiencing 65 dB CNEL or greater, those parcels must be part of a specific proposed project for consideration and processing by the City for approval. The Amendments are also exempt because they fall within the scope of analysis
contained within EIR 617, prepared, and certified by the County for the 2014 JWA Settlement Agreement Amendment, to which the City is a party. EIR No. 617, fully analyzed impacts on sensitive receptors (including residential uses) in adopting the Settlement Agreement Amendment, including the updated CNEL contour boundaries associated therewith, using both the County and City's thresholds of significance. The
City was a responsible agency for EIR No. 617, and co-signatory to the Settlement Agreement Amendment. EIR No. 617 concluded that the Settlement Agreement Amendment (and associated updated CNEL contours) would result in less-than-significant impacts related to noise increases at sensitive receptors, but a significant and unavoidable impact from increasing noise levels at exterior use areas of residences. A
Statement of Overriding Considerations was adopted. No lawsuits were filed challenging the adequacy of the EIR. The Amendments are required for the City to officially adopt the latest and most recently analyzed dBA CNEL noise contours, which are based on state-of-the-art noise modeling,
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current airport activity and operations at JWA, and technological advances in aviation technology that reduce noise levels from aircraft. Because EIR No. 617 analyzed impacts associated with the updated noise contours, the City’s adoption of the updated CNEL noise contours is fully within the scope of EIR No. 617, and the 2006 General Plan, as amended. The Amendments, therefore, do not warrant further environmental review
under CEQA. 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 within PC-11 and PC-60 that located within the existing 65 dBA CNEL noise contour 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.
Prepared by: Submitted by:
ATTACHMENTS PC 1 Draft Planning Commission Resolution with Proposed Amendments
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Attachment No. PC 1
Draft Planning Commission Resolution
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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
(PC-11) AND NEWPORT AIRPORT VILLAGE PLANNED COMMUNITY (PC-60) RELATED TO NOISE IN THE AIRPORT AREA IN ORDER TO IMPLEMENT THE SIXTH CYCLE HOUSING ELEMENT (PA2022-0201)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS: SECTION 1. STATEMENT OF FACTS.
1. Section 200 of the City of Newport Beach ("City") Charter vests the City Council with the
authority to make and enforce all laws, rules and regulations with respect to municipal affairs subject only to the restrictions and limitations contained in the Charter and the State Constitution, and the power to exercise, or act pursuant to any and all rights, powers, and privileges, or procedures granted or prescribed by any law of the State of California.
2. The Noise Element is one of the mandatory elements of the Newport Beach General Plan and was last updated as part of a comprehensive General Plan Update in 2006. In January 2019, the City Council initiated a comprehensive update of the Newport Beach General Plan. Due to the Regional Housing Needs Assessment (“RHNA”) allocation of 4,845 new
housing units to plan for the 2021-2029 housing period (“Sixth Cycle Housing Element”), the City Council directed City staff to focus on the Housing Element, Land Use Element, and Circulation Element. The City Council adopted the Sixth Cycle Housing Element on September 13, 2022, and it was certified by the State Department of Housing and Community Development (“HCD”) on October 5, 2022. The Land Use Element and other
elements of the General Plan are being updated in order to implement the Sixth Cycle Housing Element. 3. The Airport Area Environs (“Airport Area”) is one of the five focus areas where new housing opportunity sites are identified to satisfy the RHNA allocation. At least 2,577 housing units
are planned for the Airport Area, which comprises approximately 25 percent of the City’s planned housing capacity, according to the Sixth Cycle Housing Element. A total of 62 new housing opportunity sites are identified in the Airport Area. Of those sites, 48 are located wholly or partially outside the updated 65 dBA CNEL contour boundary. Only 14 new housing opportunity sites are located wholly within the updated 65 dBA CNEL contour
boundary. 4. The Sixth Cycle Housing Element including Appendix B has been subject to extensive public participation. Pursuant to Government Code Section 65351, the City held thirteen community workshops, worked with the Housing Element Update Advisory Committee
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(“HEUAC”) at fourteen Brown Act meetings, and brought iterations of the Housing Element to one duly noticed Planning Commission study session and six duly noticed City Council
study sessions where the Housing Element was publicly reviewed and discussed.
Additionally, the HEUAC formed five different subcommittees to thoroughly review and identify all feasible sites for potential redevelopment as residential in the future and those sites are captured in Appendix B (Adequate Sites Analysis), which demonstrates the City’s capacity to meet the RHNA allocation.
5. The Noise Element and Land Use Elements of the General Plan, Title 20 (Planning and Zoning) of the Newport Beach Municipal Code (“NBMC”), Newport Place Planned Community (PC-11), and Newport Airport Village Planned Community (PC-60) restrict residential development in the 65 dBA CNEL and higher noise contour area as identified
in the 1985 John Wayne Airport Master Plan.
6. The following amendments to the Noise Element, Land Use Element, Title 20, Newport Place Planned Community (PC-11), and Newport Airport Village Planned Community (PC-60) are necessary to implement the Sixth Cycle Housing Element to allow the identified
opportunity sites to realize residential uses, including mixed-use residential, that are
wholly or partially located outside the 65 dBA noise contour area identified in the Noise Element (“Amendments”) without causing a potential inconsistency issue under the Planning and Zoning Law. Thus, while the Amendments do not change the existing underlying land use or zoning designations of particular parcels, the Amendments do
reflect revisions to the following:
Land Use Element:
• Policy LU6.15.3 (Airport Compatibility);
• Figure LU11 – Statistical Areas J6, L4;
• Figure LU22 – Airport; and
• Figure LU23 - Airport Area Residential Villages Illustrative Concept
Diagram (removal of 65 CNEL noise contour line);
Noise Element:
• Policy N 1.2 (Noise Exposure Verification for New Development);
• Policy N1.5.A (Airport Area Infill Projects (new policy);
• Policy N 2.2 (Design of Sensitive Land Uses); and
• Policy N 3.2 (Residential Development);
• Figure N4 - Future Noise Contours; and
• Figure N5 – Future Noise Contours;
Title 20 (Planning and Zoning) of the NBMC:
• Section 20.30.080(F) (Noise-Airport Environs Land Use Plan);
Planned Communities:
• Newport Place Planned Community (PC-11) – Part III. Residential Overlay
Zone, Section V.D.1 (Airport Noise Compatibility); and
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• Newport Airport Village Planned Community (PC-60) – Section I.D
(Purpose and Objective) & Section II.B.2 (Prohibited Uses).
7. A public hearing was held on August 3, 2023, in the Council Chambers at 100 Civic Center Drive, Newport Beach. A notice of the time, place, and purpose of the hearing was given in accordance with California Sections 54950 et seq. (“Ralph M. Brown Act”), 65090, and 65353 of the Government Code, Chapter 20.62 (Public Hearings) of the NBMC and Council Policy K-1 (General Plan and Local Coastal Program). Evidence, both written
and oral, was presented to and considered by, the Planning Commission at this hearing. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. The Amendments are exempt from the California Environmental Quality Act pursuant to
Section 15183 of the California Code of Regulations Title 14, Division 6, Chapter 3 (“CEQA Guidelines”) because they do not change the underlying land use or zoning designations of any specific parcels, including parcels within the Airport Area or within the updated noise contours. The Amendments, therefore, will not result in development of greater intensity than is allowed under the 2006 General Plan, Newport Place Planned Community (PC-
11), and Newport Airport Village Planned Community (PC-60), as amended. To the extent new parcels are able to be developed in the future for residential uses, by nature of no longer being located within areas identified as experiencing 65 dB CNEL or greater, those parcels must be part of a specific proposed project for consideration and processing by the City for approval.
The Amendments are also exempt because they fall within the scope of analysis contained within EIR No. 617, prepared and certified by the County for the 2014 John Wayne Airport (“JWA”) Settlement Agreement Amendment, to which the City is a party. EIR No. 617, fully analyzed impacts on sensitive receptors (including residential uses) in adopting the
Settlement Agreement Amendment, including the updated CNEL contour boundaries associated therewith, using both the County and City’s thresholds of significance. The City was a responsible agency for EIR No. 617, and co-signatory to the Settlement Agreement Amendment. EIR No. 617 concluded that the Settlement Agreement Amendment (and associated updated CNEL contours) would result in less-than-significant impacts related
to noise increases at sensitive receptors, but a significant and unavoidable impact from increasing noise levels at exterior use areas of residences. A Statement of Overriding Considerations was adopted. No lawsuits were filed challenging the adequacy of the EIR. The accompanying adopted Findings of Consistency which are attached hereto as Exhibit
“H” and incorporated by reference. SECTION 3. REQUIRED FINDINGS. General Plan Noise Element and Land Use Element Amendments
An amendment to the 2006 Newport Beach General Plan Noise Element and Land Use Element are legislative acts. Neither Title 20 (Planning and Zoning) nor California Government Code Section 65000 et seq., set forth any required findings for either approval or denial of such
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amendments. Notwithstanding the foregoing, the amendments to the Noise Element and Land Use Element are consistent with the following General Plan policies.
Finding and Facts in Support of Findings: 1. The amendments to the Noise Element and Land Use Element would eliminate conflicting general plan policies that prohibit residential developments within the 1985
JWA Master Plan 65 dBA to 70 dBA CNEL noise contour area.
2. The amendments to the Noise Element and Land Use Element are consistent with the following City of Newport Beach Housing Element Policy and Policy Action:
Housing Policy 1.1
Identify a variety of sites to accommodate housing growth need by income categories to serve the needs of the entire community.
The amendments to the Noise Element and Land Use Element would be a step in the implementation of the Sixth Cycle Housing Element. The Housing Element identified 62 new housing opportunity sites in the Airport Area. Of those sites, 48 are located wholly or partially outside the 65 dBA CNEL contour boundary. By updating the General Plan
Land Element and Noise Element policies that prohibit residential uses within the
outdated, 1985 Master Plan 65 dBA CNEL contour, the Amendments will advance the Sixth Cycle Housing Element’s goal of accommodating at least 2,577 housing units in a variety of income levels within the Airport Area.
Tribal Consultation
Findings: Pursuant to California Government Code Section 65352.3 (SB 18), a local government is
required to contact the appropriate tribes identified by the Native American Heritage
Commission (“NAHC”) each time it considers a proposal to adopt or amend the General Plan. If requested by any tribe, the local government must consult for the purpose of preserving or mitigating impacts to cultural resources.
Facts in Support of Findings:
The City received comments from the NAHC indicating that 12 tribal contacts should be provided notice regarding the Amendments. Notices were sent to the 12 tribes on February 16, 2023. California Government Code Section 65352.3 requires notification 90 days prior to
Council action to allow tribal contacts to respond to the request to consult. The 90-day
notification period has expired on May 16, 2023. No consultation request received.
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423 Charter Analysis
Finding:
Section 423 of the Charter and Council Policy A-18 (Guidelines for Implementing Charter Section 423) (“Council Policy A-18”) require any amendment to the General Plan be reviewed to determine if a vote of the electorate would be required. If a General Plan Amendment
(separately or cumulatively with other GPAs within the previous 10 years) generates more than
100 peak hour trips (a.m. or p.m.), adds 40,000 square feet of non-residential floor area, or adds more than 100 dwelling units in a statistical area, a vote of the electorate would be required.
Facts in Support of Findings:
The purpose of the Amendments is to eliminate a conflict with the certified Sixth Cycle Housing Element and the City’s General Plan Land Use Element and Noise Element, which prohibit residential development within the 1985 JWA Master Plan’s 65 dBA CNEL noise contour area,
and to endorse a more updated CNEL contour areas that are based on updated noise modeling
data, airport operations and advances in aviation technology that result in decreased noise levels. As a result, these policies and regulations must be updated to eliminate conflicting policy and regulatory restrictions to provide consistency with the Sixth Cycle Housing Element. Notwithstanding the foregoing, no development would be directly authorized by the
amendments to the Noise Element and Land Use Element. As none of the thresholds specified
by Charter Section 423 are impacted nor exceeded by the amendments to the Noise Element and Land Use Element, no vote of the electorate is required. Title 20 (Planning and Zoning) of NBMC Amendment
An amendment to Title 20 (Planning and Zoning) of NBMC is a legislative act. Neither Chapter 20.66 (Planning and Zoning, Amendments) of Title 20 (Planning and Zoning) of NBMC, or Article 2 (Adoption of Regulations) of Chapter 4 (Zoning Regulations) of Division 1 (Planning and Zoning) of Title 7 (Planning and Land Use) of the California Government Code set forth
any required findings for either approval or denial of such amendments. Notwithstanding the
foregoing, the amendments to Title 20 (Planning and Zoning) of the NBMC is consistent with the following General Plan policies. Finding and Facts in Support of Findings:
The amendment to Section 20.30.080(F) (Noise-Airport Environs Land Use Plan) of the NBMC is consistent with the following City of Newport Beach Housing Element Policies and Policy Action:
1. Housing Element Policy 4.2.
Enable construction of new housing units sufficient to meet City qualified goals by
identifying adequate sites for their construction.
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2. Policy Action 4J (Airport Environs Sub Area Environmental Constraints).
Policy Action 4J requires the City to take the following actions to address potential
environmental constraints in the Airport Environs Sub Area and ensure continued
feasibility of sites, particularly for lower-income RHNA: a. Require new residential development projects in the Airport Environs Sub Area
provide noise studies and acoustical analyses to ensure designs include proper
sound attenuation; b. Require new residential development projects in the Airport Environs Sub Area to explore advanced air filtration systems for buildings to promote cleaner air;
c. Encourage on-site indoor amenities, such as fitness facilities or recreation and entertainment facilities; and d. Continue to implement park dedication requirements consistent with the City’s
Park Dedication ordinance and Land Use Element Policy LU 6.15.13
(Neighborhood Parks–Standards) and Policy LU 6.15.16 (On-Site Recreation and Open Space) to ensure adequate recreational space to ensure at least 8-percent of a project’s gross land area (exclusive of existing rights-of-way) of the first phase for any development in each neighborhood or ½ acre, whichever is
greater, is developed as a neighborhood park, unless waived through Density
Bonus Law. The City has taken actions to address potential environmental constraints in the Airport Area and ensure continued feasibility of sites, particularly for lower-income RHNA by
providing the following uniform and concise criteria:
a. Prior to the issuance of any building permits for such development, a noise study shall be prepared by a City-approved qualified acoustical consultant and submitted to the Community Development Director for approval;
b. All new residential structures or the residential units within a mixed-use development shall be attenuated to provide an interior noise level of 45 dBA CNEL or less;
c. The design of the residential portions of mixed-use projects and residential
developments shall have adequate noise attenuation between adjacent uses and units (common floor/ceilings) in accordance with the California Building Code;
d. New mixed-use developments shall incorporate designs with loading areas, parking
lots, driveways, trash enclosures, mechanical equipment, and other noise sources away from the residential portion of the development;
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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 the Newport Placed Planned Community (PC-11) and Newport Airport Village Planned Community (PC-60) An amendment to PC-11 and PC-60 is a legislative act. Neither PC-11 and PC-60, Chapter 20.56 (Planning and Zoning, Planned Community District Procedures) or Chapter 20.66
(Planning and Zoning, Amendments) of Title 20 (Planning and Zoning) of NBMC, or Article 2
(Adoption of Regulations) of Chapter 4 (Zoning Regulations) of Division 1 (Planning and Zoning) of Title 7 (Planning and Land Use) of the California Government Code set forth any required findings for either approval or denial of the amendment. Notwithstanding the foregoing, the amendments to Title 20 (Planning and Zoning) of the NBMC is consistent with
the following General Plan policies.
Finding and Facts in Support of Findings: The Amendment is consistent with the following Housing Element Policy and Policy Action:
1. See findings in support of amendments to the Noise Element and Land Use Element and Title 20 (Planning and Zoning) of the NBMC above which are incorporated herein by reference.
2. Additionally, all new housing opportunity sites located in Newport Place and Newport
Airport Village planned communities are located wholly or partially outside the updated 65 dBA noise contour area. By requiring conditions of approval identified in amendment to Title 20 (Planning and Zoning) of NBMC, the City has taken actions to address potential environmental constraints in the Airport Area and ensure continued feasibility
of sites, particularly for lower-income RHNA.
21
Planning Commission Resolution No. PC2023-015 Page 8 of 29
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Planning Commission of the City of Newport Beach hereby finds this action is not subject to further environmental review pursuant to Section 15183 of the CEQA Guidelines because the Amendments do not change the underlying land use or zoning designations
of any specific parcels, including parcels within the Airport Area or within the updated noise
contours. The Amendments, therefore, will not result in development of greater intensity than is allowed under the 2006 General Plan and Newport Airport Village Planned Community, as amended. To the extent new parcels can be developed in the future for residential uses, by nature of no longer being located within areas identified as
experiencing 65 dB CNEL or greater, those parcels must be part of a specific proposed
project for consideration and processing by the City for approval. The Amendments are also exempt because they fall within the scope of analysis contained within the previously certified EIR No. 617, prepared for the 2014 John Wayne Airport ("JWA") Settlement Agreement, to which the City is a party.
2. The Planning Commission of the City of Newport Beach hereby recommends the following to the City Council: a. Adopt Land Use Element Amendment, which is attached hereto as Exhibit “A,”
and incorporated herein by reference;
b. Adopt Noise Element Amendment, which is attached hereto as Exhibit “B,” and incorporated herein by reference;
c. Adopt Title 20 (Planning and Zoning) of the NBMC, which is attached hereto as
Exhibit “C,” and incorporated herein by reference; d. Adopt Newport Place Planned Community (PC-11) Text Amendment, which is attached hereto as Exhibit “D,” and incorporated herein by reference; and
e. Adopt Newport Airport Village Planned Community (PC-60) Text Amendment, which is attached hereto as Exhibit “E,” and incorporated herein by reference, f. Adopt Land Use Element Figures LU11, LU22 and LU23 to remove the 65 dBA
CNEL noise contour, which are attached hereto as Exhibit “F,” Exhibit “G,” and
Exhibit “H,” respectively, and incorporated herein by reference; g. Adopt Noise Element Figures N4 and N5 to update the 65 dBA CNEL noise contour, which are attached hereto as Exhibit “I” and Exhibit "J,” respectively, and
incorporated herein by reference; and
h. Adopt CEQA - Findings of Consistency, which are attached hereto as “Exhibit K,” and incorporated herein by reference.
22
Planning Commission Resolution No. PC2023-015 Page 9 of 29
3. In conformance with City Council Policy K-1, the Planning Commission reviewed and recommended approval of the Amendments to the City Council by the adoption of
Resolution No. PC2023-015.
PASSED, APPROVED, AND ADOPTED THIS 3rd DAY OFAUGUST, 2023.
AYES:
NOES: ABSTAIN:
ABSENT: BY:_________________________
Curtis Ellmore, Chair
BY:_________________________ Tristan Harris, Secretary
23
Planning Commission Resolution No. PC2023-015 Page 10 of 29
EXHIBIT “A” Amendment to the 2006 General Plan Land Use Element
Airport Area
Reference &
Page
Propose Changes
Airport Area
narrative change
Introduction on
Pg 3-100
Modify the third paragraph on page 3-100 as follows:
Development in the Airport Area is limited restricted due to the
safety restrictions and noise associated impacts of JWA with
John Wayne Airport. Much of the southwestern portion of the area
is located in the 65 dBA CNEL, which is unsuitable for residential
and other “noise-sensitive” uses. Additionally, building heights are
restricted for aviation safety. Residential uses can be allowed in
the Airport Area on parcels that are wholly or partially outside
the 65 dBA CNEL contour as denoted in Figures N4 and N5 of
the Noise Element. Figure N5 is largely derived from the 2014
John Wayne Airport Settlement Agreement Amendment
Environmental Impact Report (EIR No. 617). Residential uses
may be approved in these areas provided interior living areas
are protected from excessive noise by appropriate construction
techniques that reduce the interior noise to 45 dBA CNEL,
consistent with state law. (See Cal. Code Regs., tit. 21, § 5014,
subd. (a)(1)-(4).) Parcels that are wholly within the John Wayne
Airport 65 dB CNEL contour shown in Figure N5 (e.g., those
identified as experiencing noise levels above 65 dB CNEL) are
unsuitable for residential development unless and until the City
determines, based on substantial evidence, that the site(s)
wholly within the 65-70 dB CNEL contours are needed for the
City to satisfy its Sixth Cycle RHNA mandate. Nonresidential
uses are, however, encouraged on parcels located wholly
within the 65 dBA CNEL contour area.
Policy Overview;
Pg 3-101
Modify the fourth sentence in first paragraph on page 3-101 as
follows:
Housing Residential and mixed-use (commercial and residential)
buildings would be restricted from areas exposed to exterior noise
levels of John Wayne Airport 65 dBA CNEL and higher, based on
the dBA CNEL contour boundaries shown in Figure N5 of the
Noise Element of the General Plan, unless and until the City
determines, based on substantial evidence that the sites wholly
within such contour area are needed for the City to satisfy its
Sixth Cycle RHNA mandate.
24
Planning Commission Resolution No. PC2023-015 Page 11 of 29
Policy LU6.15.3
(Airport
Compatibility);
Pg 3-101
Require that all development be constructed in conformance with the
height restrictions set forth by the Federal Aviation Administration
(FAA), Federal Aviation Regulations (FAR) Part 77, and Caltrans
Division of Aeronautics, and that residential development shall be
allowed only on parcels with noise levels of less than located
outside of the John Wayne Airport 65 dBA CNEL noise contour
area as shown in Figure N5 of the Noise Element of the General
Plan specified by the 1985 JWA Master Plan, unless and until the
City determines, based on substantial evidence, that the sites
wholly within the 65 dBA CNEL noise contour shown in Figure
N5 are needed for the City to satisfy its Sixth Cycle RHNA
mandate. Nonresidential uses are, however, encouraged on
parcels located wholly within the 65 dBA CNEL contour area.
(Imp 2.1, 3.1, 4.1, 14.3)
25
Planning Commission Resolution No. PC2023-015 Page 12 of 29
EXHIBIT “B” Amendment to the 2006 General Plan Noise Element
Reference & Page Proposed Changes Narrative-Community
Noise Contours; Pg 12-
9
Modify the second full paragraph on page 12-9 as follows:
The aircraft noise contours that are used for planning
purposes by the County of Orange and Airport Land Use
Commission are found in the Airport Environs Land Use Plan
(AELUP) and are derived from the 1985 Master Plan for JWA
and the accompanying EIR 508. These noise contours are
based on fleet mix and flight level assumptions developed in
EIR 508, and are shown in Figure N5 Figures N1 and N2.”
Add the following paragraph after the second full paragraph on
page 12-9 as follows:
The Noise Chapter within 2014 John Wayne Airport
Settlement Agreement Amendment Environmental Impact
Report EIR No. 617 illustrated how the dBA CNEL noise
contours have reduced in size compared to the 1985
AELUP Master Plan CNEL noise contours, in which the
General Plan policies and maps are based on. The noise
contours in EIR No. 617 are based on more contemporary
noise modeling programs. Airport noise contours
generated in this noise study using the INM Version 7.0d
which was released for use in May 2013, and is the state-
of-art in airport noise modeling. Consequently, Figures N4
and N5 are updated to reflect the noise contours identified
by the 2014 John Wayne Airport Settlement Agreement
Amendment Environmental Impact Report No. 617.
Modify the last sentence of the third full paragraph on page 12-
9 as follows:
The 65 dBA CNEL contour area describes the area for which
new noise-sensitive developments, including residential
uses, will be conditionally permitted only if appropriate
measures are included such that the standards contained in
this Noise Element are achieved. Noise-sensitive uses shall
not be located on parcels that are wholly within the John
Wayne Airport 65 dBA CNEL contour as shown in Figure
N5.
Modify the fourth full paragraph on page 12-9 as follows:
26
Planning Commission Resolution No. PC2023-015 Page 13 of 29
The JWA AELUP (last amended in 2002) only allows
residential uses and other noise-sensitive uses within a 65
dBA noise contour if the interior noise standard of 45 dBA
CNEL can be maintained, with an accompanying dedication of
a navigation easement for noise to the airport proprietor
applicable to single-family residences Furthermore,
residential units should be sufficiently indoor-oriented,
consistent with Title 21 of the California Code of
Regulations, so as to reduce noise impingement on
outdoor living areas. The JWA AELUP also strongly
recommends that if any residential uses are allowed within a
60 dBA CNEL contour that sufficient sound attenuating
methods are used to maintain a 45 dBA CNEL interior noise
level. all designated outdoor common or recreational
areas provide outdoor signage informing the public of the
presence of operating aircraft.
Policy N1.2 (Noise
Exposure Verification
for New Development);
Pg 12-25
Applicants for proposed residential or mixed-use projects
that require environmental review and are located in areas
projected to be exposed to 65-70 dBA CNEL or greater
CNEL60 dBA and higher, as shown on Figure N4, Figure N5,
and Figure N6 may must conduct a field survey, noise
measurements or other modeling in a manner acceptable to
the City noise study to provide evidence that the depicted
noise contours do not adequately account for local noise
exposure circumstances due to such factors as, topography,
variation in traffic speeds, and other applicable conditions.
These findings shall be used to determine the level of exterior
or interior noise, attenuation needed to attain an acceptable
noise exposure level and the feasibility of such measures
when other planning considerations are taken into account,
consistent with Title 21 of the California Code of
Regulations. (Imp 2.1)
Policy N1.5 (Infill
Projects); Pg 12-25
Allow a higher (above 65 dBA CNEL) exterior noise level
standard for infill projects in existing residential areas adjacent
to major arterials if it can be shown that there are no feasible
mechanisms to meet the exterior noise levels. The interior
standard of 45 dBA CNEL shall be enforced for any new
residential project or mixed-use project containing a
residential component, consistent with Title 21 of
California Code of Regulations. (Imp 2.1, 7.1)
27
Planning Commission Resolution No. PC2023-015 Page 14 of 29
Policy N1.5A (Airport
Area Infill Projects)
New Policy
Allow infill residential projects proximate to John Wayne
Airport to have a higher exterior noise level standard (65-
70 dBA CNEL) if it can be shown that there are no practical
mechanisms or designs to meet the exterior noise levels.
The interior standard of 45 dBA CNEL shall be enforced
for any residential component of projects. No residential
units may be located on parcels wholly within the John
Wayne Airport 65 dBA CNEL noise contour area as shown
in Figure N5, of the Noise Element of the General Plan,
unless and until the City determines, based on substantial
evidence, that the sites wholly within such contour area
are needed for the City to satisfy its Sixth Cycle RHNA
mandate. Nonresidential uses are encouraged on parcels
located wholly within the 65 dBA CNEL contour area,
shown in Figure N5.
Policy N2.2 (Design of
Sensitive Land Uses);
Pg 12-26
Require the use of walls, berms, interior noise insulation,
double-paned windows, advanced insulation systems, or
other noise mitigation measures, as appropriate, in the design
of new residential developments to attenuate noise levels
to not exceed 45 dBA CNEL interior. or oOther new noise
sensitive land uses that are adjacent to major roads arterials
and located proximate to John Wayne Airport (e.g., infill
residential) and within the 65-70 dBA CNEL noise contour
area are required to be indoor-oriented to reduce noise
impacts on outdoor living or recreational areas.
Application of the Noise Standards in Table N3 N2 shall
govern this requirement. (Imp 7.1)
Policy N3.1 (New
Development); Pg 12-
27
Ensure new development is compatible with the noise
environment by using airport noise contours no larger than
those contained in the 1985 JWA Master Plan, as guides to
future planning and development decisions proximate to
John Wayne Airport by not allowing residential units on
parcels located wholly within the John Wayne Airport 65
dBA CNEL noise contour, as shown in Figure N5 of the
Noise Element of the General Plan, unless and until the
City determines, based on substantial evidence, that the
sites wholly within such contour area are needed for the
City to satisfy its Sixth Cycle RHNA mandate.
Policy N3.2 (Residential
Development); Pg 12-
28
Require that residential development in proximate to John
Wayne Airport Area shall not be located outside on parcels
wholly within the John Wayne Airport 65 dBA outside of
the 65 dBA CNEL noise contour shown in Figure N5 of the
28
Planning Commission Resolution No. PC2023-015 Page 15 of 29
Noise Element of the General Plan, unless and until the
City determines, based on substantial evidence, that the
sites wholly within such contour area are needed for the
City to satisfy its Sixth Cycle RHNA mandate. the 1985
JWA Master Plan and. Rrequire residential developers of
residential or mixed-use land uses with a residential
component to notify prospective purchasers or tenants of
aircraft noise. Additionally, require outdoor common areas
or recreational areas of residential or mixed-used
developments to be posted with signs notifying users
regarding the proximity to John Wayne Airport and the
presence of operating aircraft and noise. (Imp 2.1, 3.1, 4.1)
29
Planning Commission Resolution No. PC2023-015 Page 16 of 29
EXHIBIT “C” Amendment to Title 20 (Planning and Zoning) of the Newport Beach Municipal Code
Amend Section 20.30.080.F (Noise-Airport Environs Land Use Plan Residential Use
Proximate to John Wayne Airport) of Title 20 (Planning and Zoning) of the Newport Beach
Municipal Code to read as follows:
F. Residential Use Proximate to John Wayne Airport Environs Land Use Plan. Residential
uses, including mixed-use residential, shall be prohibited within the 1985 John
Wayne Airport (JWA) Master Plan 65 dBA CNEL contour allowed on parcels wholly or
partially outside the John Wayne Airport 65 dBA CNEL noise contour as shown in Figure
N5 of the Noise Element of the General Plan, as identified in the 2014 John Wayne Airport
Settlement Agreement Amendment Environmental Impact Report (EIR No. 617) and
consistent with Title 21 of the California Code of Regulations, subject to the following
conditions that apply to all residential project within the John Wayne Airport 60 dBA
CNEL or higher CNEL noise as shown in Figures N4 and N5 of the Noise Element of the
General Plan:
1) Prior to the issuance of any building permits for such development, a noise study
shall be prepared by a City-approved qualified acoustical consultant and
submitted to the Community Development Director for approval;
2) All new residential structures or the residential units within a mixed-use
development shall be attenuated to provide an interior noise level of 45 dBA CNEL
or less;
3) The design of the residential portions of mixed-use projects and residential
developments shall have adequate noise attenuation between adjacent uses and
units (common floor/ceilings) in accordance with the California Building Code;
4) New mixed-use developments shall incorporate designs with loading areas,
parking lots, driveways, trash enclosures, mechanical equipment, and other noise
sources away from the residential portion of the development;
5) Use of walls, berms, interior noise insulation, double paned windows, advance
insulation systems, or other noise mitigation measures, as deemed appropriate
shall be incorporated in the design of new residential to bring interior sound
attenuation to 45 dBA CNEL or less;
6) Residential uses shall be indoor-oriented to reduce noise impingement on
outdoor living areas;
7) On-site indoor amenities, such as fitness facilities or recreation and
entertainment facilities shall be encouraged; and
8) Advanced air filtration systems for buildings shall be considered to promote
cleaner air.
Residential development shall be limited to parcels wholly or partially outside the 65
dBA CNEL noise contour, unless and until the City determines, based on substantial
evidence, that the sites wholly within such contour area are needed for the City to satisfy
30
Planning Commission Resolution No. PC2023-015 Page 17 of 29
its Sixth Cycle RHNA mandate. Non-residential uses are encouraged on parcels located
wholly within the 65 dBA CNEL contour area.
31
Planning Commission Resolution No. PC2023-015 Page 18 of 29
EXHIBIT “D” Amendment to Newport Place Planned Community (PC-11)
Amend Part III. Residential Overlay, Section V.D.1 (Airport Noise Compatibility) to read as
follows:
1. Residential development shall be located outside up to the JWA 65 dB CNEL noise contour,
specified by the 1985 JWA Master Plan the John Wayne Airport 65 dBA CNEL noise
contour as shown in Figure N5 of the Noise Element of the General Plan, and subject
to compliance with Section 20.30.080.F (Residential Use Proximate to John Wayne
Airport) of the Newport Beach Municipal Code. Residential development shall be
limited to parcels wholly or partially outside the 65 dBA CNEL noise contour, unless
and until the City determines, based on substantial evidence, that the sites wholly
within such contour area are needed for the City to satisfy its Sixth Cycle RHNA
mandate. Non-residential uses are encouraged on parcels located wholly within the
65 dBA CNEL contour area.
32
Planning Commission Resolution No. PC2023-015 Page 19 of 29
EXHIBIT “E” Amendment to Newport Airport Village Planned Community (PC-60)
Amend Section I.D. (Purpose and Objective) to read as follows:
“D. Purpose and Objective
The purpose of the PCDP is to establish appropriate zoning regulations that govern the land
use and development of the PC in a manner that is consistent with the City of Newport Beach
General Plan. Implementation of the PCDP will:
− Provide a quality mixed-use development that includes residential and supporting commercial
uses; as well as, commercial uses that support or benefit from the proximity to the airport.
− Create two planning areas to guide the development of the PC District (see Figure 4).
Planning Area 1 will include the residential and, potentially, a complimentary retail or service
commercial component of the PC District. Planning Area 2 will consist exclusively of non-
residential uses.
− Provide new housing opportunities in response to increased demand for housing,
reduction of vehicle trips, and an encouragement of an active lifestyle by increasing the
opportunity for residents to live in proximity to jobs, services, and entertainment. Such housing
will be proximate to, and interconnected with, commercial development through pedestrian
walkways provided by future development within the PCDP.
- Ensure that all residential units are located outside the John Wayne Airport 65 dBA CNEL
noise contour and Safety Zone 3 and noise-sensitive uses (e.g., schools, churches,
hospitals, public libraries) regardless of location, shall be designed to maintain the
interior noise standard of 45 dBA CNEL or less and in compliance with Section
20.30.080.F (Residential Use Proximate to John Wayne Airport) of the Municipal Code.
“ - Protect future residents and other sensitive uses by prohibiting these uses from
being developed on parcels that are wholly within the John Wayne Airport 65 dBA CNEL
noise contour area shown in Figure N5 of the Noise Element of the General Plan.
Residential development shall be limited to parcels wholly or partially outside the John
Wayne Airport 65 dBA CNEL noise contour, unless and until the City determines, based
on substantial evidence, that the sites wholly within such contour area are needed for
the City to satisfy its Sixth Cycle RHNA mandate. Non-residential uses are encouraged
on parcels located wholly within the John Wayne Airport 65 dBA CNEL contour area as
shown in Figures N5 of the Noise Element of the General Plan and outside of Safety
Zone 3 of the AELUP.”
Amend Section II.A. (Permitted Uses) to read as follows:
Table 1 lists the permitted uses for each planning area of the Planned Community. The uses
identified within the table are not intended to be a comprehensive list, but rather major use
33
Planning Commission Resolution No. PC2023-015 Page 20 of 29
categories. All residential units and noise-sensitive uses, regardless of location, shall
maintain the interior noise standard of 45 dBA CNEL or less, and shall be located on
parcels wholly or partially outside the John Wayne Airport 65 dBA noise contour as
shown in Figures N5 of the Noise Element of the General Plan area and Safety Zone 3 of
the AELUP. Residential development shall be limited to parcels wholly or partially
outside the John Wayne Airport 65 dBA CNEL noise contour, unless and until the City
determines, based on substantial evidence, that the sites wholly within such contour
area are needed for the City to satisfy its Sixth Cycle RHNA mandate. Non-residential
uses are encouraged on parcels located wholly within the John Wayne Airport 65 dBA
CNEL contour area.
The Community Development Director may determine other uses not specifically listed herein
are allowed or allowed pursuant to an MUP or a CUP, provided they are consistent with the
purpose of the planning areas, are compatible with surrounding uses, and are not listed as a
prohibited use.
Amend Section II.B. (Prohibited Uses) to read as follows:
The following uses shall be expressly prohibited from the PCDP:
B. Prohibited Uses The following uses shall be expressly prohibited from the PCDP:
1. Any use not authorized by this PCDP unless the Community Development Director
determines a particular use consistent with the purpose and intent of the PCDP, 2. Residential dwelling units within (i.e., west of) the 65 dBA CNEL (or above) noise
contour from John Wayne Airport (residential accessory uses, and amenities are allowed),
2. Residential dwelling units within John Wayne Airport Safety Zone 3 (residential
accessory uses, and amenities are allowed),
3. The following uses, if said structure within 250 feet of any residential dwelling unit:
a. Handicraft Industry b. Industry, Small (less than 5,000 sq. ft.) c. Emergency Health Facilities/Urgent Care d. Ambulance Services
e. Funeral Homes and Mortuaries
f. Maintenance and Repair Services.
34
Planning Commission Resolution No. PC2023-015 Page 21 of 29
EXHIBIT “F” Land Use Element Figure LU11 – Statistical Areas J6, L4
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STATISTICAL AREAS
J6, L4
CITY of NEWPORT BEACH
GENERAL PLAN
Figure LU11
L4
Industrial Districts
Commercial Office Districts
General Commercial OfficeCO-G
Medical Commercial OfficeCO-M
Regional Commercial Office CO-R
Public, Semi-Public and Institutional
Private Institutions
Single-Unit Residential Attached
Single-Unit Residential Detached
RS-A
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RS-D
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RS-A
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RM-D
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Recreational and MarineCommercial
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CM
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Mixed Use VerticalMU-V
Mixed Use HorizontalMU-H
Mixed Use Water RelatedMU-W
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Public FacilitiesPF
Open Space
PR Parks and Recreation
OS
City of Newport BeachBoundary
Statistical AreaBoundary
Land Use Delineator Line
Refer to anomaly table
0 975487.5 Feet
Tidelands and Submerged LandsTS
PI
2011-21 GP2007-009 PA2007-213 02/22/2011 Increase the maximum allowable developmentlimit by 11,544 square feet and create anomalyNo. 2.1 for 4300 Von Karman.
CC Resolution No.GPA No.Project No.Adopting Date Description
2019-14 GP2015-004 PA2015-210 02/12/2019 Change land use designation from General CommercialOffice (CO-G) to Private Institutions (PI) and amendAnomaly No. 22 to allow 85,000 square feet for Residential Care Facility for the Elderly located at101 Bayview place.
2020-84 GP2014-004 PA2014-225 09/222/2020 Change land use designation from Airport Office and Supporting Uses (AO) to Mixed-Use Horizontal 2 (MU-H2) and add Anomaly No. 86 (329 dwelling units and 297,572 commercial sq ft) for 4341,4361, and 4501 Birch Street; 4320, 4340, 4360, 4400, 4500, 4520, 4540, 4570, 4600, and 4630 Campus Drive; and 4525, 4533, and 4647 MacArthur Boulevard.
Document Name: Land_Use_Airport_Area_Figure_LU11_Amendment 37
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Planning Commission Resolution No. PC2023-015 Page 22 of 29
EXHIBIT “G” Land Use Element Figure LU22 – Airport
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LAND USE POLICY
CITY of NEWPORT BEACH
GENERAL PLAN
PROJECT NUMBER: 10579-01
Source: City of Newport Beach and EIP Associates
PACIFICOCEAN
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A°E
%&l(
FIGURE LU22AIRPORT AREA
0 500 1,000250Feet
7N
Commercial and OfficeCUnderlying Uses: Office, Hotel, Supporting Retail,
Residential Village: Housing and Mixed-Use
(with Guidelines for Design and Development)
A B Airport-Supporting Businesses
ConceptualDevelopmentPlan Area
Sub-Area
Document Name: Land_Use_Airport_Area_Figure_LU22_Amendment
Land UseDelineator Line
Highway
!Refer to anomaly
table
41
INTENTIONALLY BLANK PAGE
42
Planning Commission Resolution No. PC2023-015 Page 23 of 29
EXHIBIT “H” Land Use Element Figure LU23 - Airport Area Residential Villages Illustrative Concept
Diagram
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CITY of NEWPORT BEACH
GENERAL PLAN
PROJECT NUMBER: 10579-01
Source: ROMA Design Group
Date: 08/03/06
Figure LU23AIRPORT AREA RESIDENTIALVILLAGES ILLUSTRATIVECONCEPT DIAGRAM
Legend
7N
PROPOSED OPEN SPACES
OPPORTUNITY SITES
IMPROVED RESIDENTIAL STREETS
PROPOSED PEDESTRIAN WAYS
PROPOSED RESIDENTIAL STREETS
CONCEPTUAL PLAN REQUIRED
Document Name: Land_Use_Airport_Area_Figure_LU23_Amendment 45
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Planning Commission Resolution No. PC2023-015 Page 24 of 29
EXHIBIT “I” Noise Element Figures N4 - Future Noise Contours
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P A C I F I C O C E A N
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NEWPORT
BLVD
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IRVINE
AVENUE
FORD ROAD
MACARTHUR
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CITY of NEWPORT BEACH
GENERAL PLAN
PROJECT NUMBER: 10579-01
Source: City of Newport Beach, Airport Land Use
Commission and EIP Associates
Date: 6/27/06
7N
Figure N4
Roadway Noise Contours
70 CNEL
65 CNEL
60 CNEL
JWA Noise Contours
70 CNEL
65 CNEL
60 CNEL
City Boundary
John Wayne Airport
(1)
FUTURENOISE CONTOURS
INDEX
The noise contours represent the maximum possibletraffic noise levels at locations within them (i.e., theydo not account for building placement or traffic speeds, nor include the attenuating effects of walls,structures, and terrain features that might intervenebetween the roads and any location of interest).
49
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Planning Commission Resolution No. PC2023-015 Page 25 of 29
EXHIBIT “J” Noise Element Figure N5 - Future Noise Contours
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CITY of NEWPORT BEACH
GENERAL PLAN
PROJECT NUMBER: 10579-01
Source: City of Newport Beach, Airport Land Use
Commission and EIP Associates
Date: 6/27/06
7N
Figure N5
Roadway Noise Contours
70 CNEL
65 CNEL
60 CNEL
JWA Noise Contours
70 CNEL
65 CNEL
60 CNEL
City Boundary
John Wayne Airport
(1)
FUTURENOISE CONTOURS
INDEX
The noise contours represent the maximum possibletraffic noise levels at locations within them (i.e., theydo not account for building placement or traffic speeds, nor include the attenuating effects of walls,structures, and terrain features that might intervenebetween the roads and any location of interest).
John WayneAirport
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Planning Commission Resolution No. PC2023-015 Page 26 of 29
EXHIBIT “K” CEQA - Findings of Consistency
The California Environmental Quality Act (“CEQA”) (California Public Resources Code §§21000 et seq.); the State CEQA Guidelines (Title 14, California Code of Regulations §§15000 et seq.); and the rules, regulations, and procedures for implementing CEQA as set forth by the City of Newport Beach (“City”) provide guidance regarding when additional environmental review is
required. Pursuant to the provisions of CEQA and the State CEQA Guidelines, Newport Beach is
the Lead Agency charged with the responsibility of deciding whether to approve the Amendments to Newport Beach General Plan Land Use and Noise Elements, Title 20 (Planning and Zoning) of the Newport Beach Municipal Code, Newport Place Planned Community (PC-11), and Newport Airport Village Planned Community (PC-60) (Amendments) to accommodate housing units
identified by the certified 2021-2029 Sixth Cycle General Plan Housing Element.
The provisions of State CEQA Guidelines Section 15183 are applicable to the Amendments. The Amendments are not subject to further environmental review pursuant to CEQA Guidelines Section 15183 because the Amendments do not change the underlying land use or zoning
designations of any specific parcels, including parcels within the Airport Area or within the updated
noise contours; and would not result in new significant impacts or a substantial more adverse impact than addressed in John Wayne Airport Settlement Agreement Amendment Environmental
Impact Report No. 617 (State Clearinghouse No. 2001111135) (EIR No. 617). The Amendments are also exempt because they fall within the scope of analysis contained within the previously
certified EIR No. 617, prepared for the 2014 John Wayne Airport Settlement Agreement, to which
the City is a party. CEQA Guidelines Section 15183 provides, in relevant part:
(a) CEQA mandates that projects which are consistent with the development density
established by existing zoning, community plan, or general plan policies for which an EIR was certified shall not require additional environmental review, except as might be necessary to examine whether there are project-specific significant effects which are peculiar to the project or its site. This streamlines the review of such projects and reduces
the need to prepare repetitive environmental studies.
(b) In approving a project meeting the requirements of this section, a public agency shall limit its examination of environmental effects to those which the agency determines, in an initial study or other analysis:
(1) Are peculiar to the project or the parcel on which the project would be located, (2) Were not analyzed as significant effects in a prior EIR on the zoning action, general plan, or community plan, with which the project is consistent,
(3) Are potentially significant off-site impacts and cumulative impacts which were not discussed in the prior EIR prepared for the general plan, community plan or zoning action, or
55
Planning Commission Resolution No. PC2023-015 Page 27 of 29
(4) Are previously identified significant effects which, as a result of substantial new information which was not known at the time the EIR was certified, are determined to
have a more severe adverse impact than discussed in the prior EIR.
(c) If an impact is not peculiar to the parcel or to the project, has been addressed as a significant effect in the prior EIR, or can be substantially mitigated by the imposition of uniformly applied development policies or standards, as contemplated by subdivision (e)
below, then an additional EIR need not be prepared for the project solely on the basis of
that impact. (d) This section shall apply only to projects which meet the following conditions:
(1) The project is consistent with:
(A) A community plan adopted as part of a general plan, (B) A zoning action which zoned or designated the parcel on which the project
would be located to accommodate a particular density of development, or
(C) A general plan of a local agency, and (2) An EIR was certified by the lead agency for the zoning action, the community plan,
or the general plan.
As part of its decision-making process, the City is required to review and consider whether the Amendments would create new significant impacts or significant impacts that would be substantially more severe than those disclosed in the John Wayne Airport Settlement Agreement
Amendment Environmental Impact Report No. 617 (State Clearinghouse No. 2001111135) (EIR
No. 617). Additional CEQA review is only triggered if the Amendments create new significant impacts or impacts that are more severe than those disclosed in EIR No. 617 such that major revisions to the EIR would be required.
The Amendments provide for updated noise contours as established in EIR No. 617 and revisions
to General Plan policies, Title 20 of Newport Beach Municipal Code (NBMC), Newport Place Planned Community (PC-11), and Newport Airport Village Planned Community (PC-60) to allow for consistency between the certified 2021-2029 Sixth Cycle Housing Element and the Newport Beach General Plan and NBMC as it applies to future housing uses near John Wayne Airport.
The Amendments are proposed to ensure consistency pursuant to the State Planning and Zoning
Law and the City’s compliance with its RHNA allocation. Residential and mixed-use (commercial and residential) buildings would be restricted from areas exposed to exterior noise levels of 65 dBA CNEL and higher, based on the dBA CNEL contour
boundaries set forth in EIR No. 617 for inclusion as Figure N5 of the Noise Element of the General
Plan, unless and until the City determines, based on substantial evidence that the sites wholly within such contour area are needed for the City to satisfy its Sixth Cycle RHNA mandate. The Amendments do not grant any development entitlements or authorize development.
56
Planning Commission Resolution No. PC2023-015 Page 28 of 29
The proposed policy changes and NBMC amendments would allow the City to implement housing policies which are in the Sixth Cycle Housing Element. The Sixth Cycle Housing Element was
determined to be statutorily exempt under CEQA Guidelines Section 15262 because it does not
provide development entitlements to any specific land use projects, nor does it make any changes to the General Plan land use map or modify land use designations, densities, or land use intensities.
The policies and program changes are needed for the City’s compliance with its RHNA allocation
and would not cause a significant effect on the environment or that were previously analyzed adequately in the Newport Beach General Plan Update Program EIR (SCH No. 2006011119) or EIR No. 617.
The Noise Chapter of EIR No. 617 explained how the dBA CNEL noise contours have reduced in
size compared to the 1985 Airport Environs Land Use Plan (AELUP) Master Plan CNEL noise contours, in which the City’s General Plan policies and maps are based on. The 1985 Master Plan noise contours are considerably larger than the existing noise contours presented previously. This is largely due to a quieter fleet of existing commercial aircraft and a dramatic reduction in the
number of generation aviation operations. The noise contours in EIR No. 617 are based on more
contemporary noise modeling programs, as the EIR explained that “one of the most important factors in generating accurate noise contours is the collection of accurate operational data”. Airport noise contours generated in this noise study using the INM Version 7.0d which was released for use in May 2013, and is the state-of-art in airport noise modeling.
As such, the City proposes to update the Noise Element to include these noise contours, which in part, modify where residential uses could occur outside of the 65 CNEL contour in the Airport Area. Based on these updated noise contours, certain Housing Opportunity Sites will now be outside of the 65 CNEL contour while others will be within the 65 CNEL contour. However, the
Amendments will not result in development of greater intensity than is allowed under the 2006
General Plan and Newport Airport Village Planned Community, as amended. Residential uses can be allowed in the Airport Area on parcels that are wholly or partially outside the 65dBA CNEL contour as denoted in Figure N5 of the Noise Element. Figure N5 is largely derived from EIR No. 617. Residential uses may be approved in these areas provided interior living areas are protected
from excessive noise by appropriate construction techniques that reduce the interior noise to 45
dBA CNEL, consistent with state law. Parcels that are wholly within the 65 dB CNEL contour shown in Figure N5 (e.g., those identified as experiencing noise levels above 65 dB CNEL) are unsuitable for residential development unless and until the City determines, based on substantial evidence, that the site(s) wholly within the 65-70 dB CNEL contours are needed for the City to
satisfy its Sixth Cycle RHNA mandate. The changes would not allow for more development than
assumed in the growth assumptions in the General Plan nor would it impact the City’s RHNA obligations. To the extent new parcels are able to be developed in the future for residential uses, by nature of
no longer being located within areas identified as experiencing 65 dB CNEL or greater, those
parcels must be part of a specific proposed project for consideration and processing by the City for approval. Future housing development would be subject to compliance with the established regulatory framework, namely federal, State, regional, and local (including General Plan policies, NBMC standards, and Standard Conditions of Approval). While by-right housing projects may be
57
Planning Commission Resolution No. PC2023-015 Page 29 of 29
exempt from CEQA, all future residential uses affected by the Amendments would continue to be subject to further development review, which can include technical supporting reports.
No new information that was not known at the time the General Plan and EIR No. 617 were prepared is now available that demonstrates that the Amendments will result in a new or increased significant impact. The Amendments would not cause growth beyond that accommodated by the General Plan. The Amendments do not introduce new land use designations or otherwise alter
general land use patterns or development standards. Therefore, the findings of previously certified
EIR No. 617 are applicable to the Amendments. Implementation of the Amendments would not substantially increase the severity of previously identified impacts, including but not limited to air emissions and greenhouse gas emissions. Although the noise contours would be updated, the requirements for compliance with noise standards would not change.
In summary, the Amendments would not result in any new significant environmental effects that are substantially different from those identified in EIR No. 617 nor would it substantially increase the severity of significant effects previously identified in EIR No. 617. Therefore, based on the provisions of State CEQA Guidelines Section 15183, no additional CEQA documentation is
required.
58
From:a_riles@yahoo.com
To:Planning Commissioners
Cc:Aviation; info@spon-newportbeach.org
Subject:Questions to Consider for Item No. 4, Housing Element Implementation - Noise Related Amendments
Date:July 30, 2023 10:04:25 PM
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content is safe.
Dear Planning Commissioners:
I respectfully request that you please review the following questions I have about Item No. 4, HousingElement Implementation - Noise Related Amendments, on the August 3, 2023 meeting agenda.
I have tried my best to understand this Item and its effects, and I have the following concerns that I thinkour community as a whole would appreciate you addressing at the next Planning Commission meeting.And hopefully if the answers are not satisfactory, you can instruct further review before the City passesany resolutions on this matter.
Thank you for you time considering the following:
1. There is an argument that 65 dB or use of the Schultz Curve to determine appropriate thresholds tomeasure the effects of aircraft noise exposure on communities is outdated, based upon the results ofthe FAA's most recent Neighborhood Environmental Survey in 2021. This survey has resulted in a
new "National Curve" being developed to better measure the effects. If we are not using the best, mostrecent research to base our contours on, this seems like a scenario of bad facts making bad law.
The Analysis of the NES survey concluded that: "In comparison to prior studies on this topic, the NES’s
national curve shows substantially more people highly annoyed for a given DNL aircraft noise exposurelevel."
2. Assuming that 65 dB is still considered the threshold where there is an arguable effect on residentialuse, why should a parcel that is bisected by this contour be considered acceptable for residentialdevelopment? Either the parcel IS or IS NOT suitable for this purpose. Can the City's policy andresolution be revised to EXCLUDE development on parcels where the contours bisect them?
3. Per the Noise Chapter of EIR No. 617, page 19: "California Airport Noise Regulations promulgated in
accordance with the State Aeronautics Act and set forth in Section 5000 et seq. of the California Code ofRegulations (Title 21, Division 2.5,Chapter 6) are enforced by the Aeronautics Division of the CaliforniaState Department of Transportation (“Caltrans”) (State of California 1970). These regulations establish 65dB CNEL as a noise impact boundary within which there shall be no incompatible land uses. Thisrequirement is based, in part, upon the determination in the Caltrans regulations that 65 dBCNEL is thelevel of noise which should be acceptable to “...a reasonable man residing in the vicinity of an airport”.
4. The Staff Report for this Item states that: "The Amendments are required to further the goals, policies,and programs of the Sixth Cycle Housing Element, but what about maintaining the policies of the NoiseElement of the General Plan, specifically 3.2 (Residential Development): "Require that residential
development in the Airport Area be located outside of the 65 dBA CNEL noise contour..."?
5. I understand updating the Noise Contours from the 1985 AELUP Master Plan, but I do not see wherethere is an argument and analysis of why the City should allow residential development within a 65 dBcontour, given the updated data, analysis, and regulations by the state and federal government do notallow it.
6. Section 2 of the Resolution for this Item (CEQA Determination) cites to the scope of analysis contained
Planning Commission - August 3, 2023 Item No. 4a - Additional Materials Received Housing Element Implementation, Noise-Related Amendments (PA2022-0201)
within EIR No. 617, stating that it "fully analyzed impacts on sensitive receptors (including residential
uses)," but the Noise Chapter of the EIR itself actually cautions that its analysis of the impacts is limited
based upon the fact that some of the data it considered was limited and could be speculative (page 11).
7. Has the Aviation Committee studied or weighed in on this?
8. Are we truly serving the residents of Newport Beach, regardless of their income, by allowing residentialdevelopment in these areas?
9. Should the City be basing any policies or standards of development that will govern and guidedevelopment for possibly decades, based around trying to achieve RHNA numbers that may be revised inthe future?
Planning Commission - August 3, 2023 Item No. 4a - Additional Materials Received Housing Element Implementation, Noise-Related Amendments (PA2022-0201)
From:Satish Lion <slion@picernegroup.com>
Sent:August 01, 2023 1:13 PM
To:Ung, Rosalinh
Cc:Ellmore, Curtis; Planning Commissioners; Greg Nakahira
Subject:Letter of Support of PA2022-0201 (Agenda Item No. 4); Housing Element Implementation, Noise
Related Amendments
Attachments:TPG PA2022-0201 Support Letter_8.1.2023.pdf
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe.
Hi Rosalinh,
I hope you are doing well and enjoying the summer!
Attached please find our letter of support for PA2022‐0201 (Agenda Item No. 4); Housing Element Implementation,
Noise Related Amendments.
Please confirm you have received this letter.
Thanks!
Satish Lion
Planning Commission - August 3, 2023 Item No. 4b - Additonal Materials Received Housing Element - Noise Amendments (PA2022-0201)
August 1, 2023
Rosalinh Ung
Principal Planner
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
rung@newportbeachca.gov
Re: LeƩer of Support of PA2022‐0201 (Agenda Item No. 4); Housing Element ImplementaƟon, Noise
Related Amendments
Dear Rosalinh,
I am wriƟng on behalf of The Picerne Group, Inc. (TPG) in support of the proposed Housing Element
ImplementaƟon and Noise‐Related Amendments (PA2022‐0201); Item 4 on the agenda for the City of
Newport Beach Planning Commission's August 3rd, 2023 meeƟng.
TPG is a community‐oriented residenƟal development company who has owned, developed and
operated mulƟfamily residenƟal properƟes for over 35 years. Consistent with our dedicaƟon to the local
community, a core mission of TPG is to provide well‐designed and much‐needed housing (of a variety of
affordability levels) to the Airport Area.
To further our mission, TPG supports smart urban planning policies for the Airport Area, including the
Noise‐Related Amendments. AdopƟng the Noise‐Related Amendments will promote addiƟonal housing
opportuniƟes in the Airport Area, and advance the City's goals and policies of the Sixth Cycle Housing
Element. The Noise‐Related Amendments are a criƟcal step in the right direcƟon to saƟsfying the City's
Sixth Cycle RHNA mandate, while at the same Ɵme encouraging a mix of non‐residenƟal supporƟve uses
to diversify the exisƟng and future neighborhood villages of the Airport Area.
Thanks for your consideraƟon.
Greg Nakahira
Managing Director
Cc: CurƟs Elmore, Chair
cellmore@newportbeachca.gov
planningcommissioners@newportbeachca.gov
5000 BIRCH ST #600 949.487.6262
NEWPORT BEACH, CA 92660 PICERNEGROUP.COM
Planning Commission - August 3, 2023 Item No. 4b - Additonal Materials Received Housing Element - Noise Amendments (PA2022-0201)
1
From:Richard Moriarty <nbvineyards@gmail.com>
Sent:August 01, 2023 2:45 PM
To:Planning Commissioners
Subject:NB Golf Course Housing
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe.
I have built two custom homes adjacent to your proposed low income housing. I built with a golf course view, not
homeless housing. Your project will negatively affect my property values and damage the character of our
neighborhood. I am in opposition of the project. Richard Moriarty, 2128 Mesa Drive, NB 92660 949 400‐9463
Planning Commission - August 3, 2023 Item No. 4b - Additonal Materials Received Housing Element - Noise Amendments (PA2022-0201)
Planning Commission - August 3, 2023 Item No. 4b - Additonal Materials Received Housing Element - Noise Amendments (PA2022-0201)
From:Caroline Dobbins
To:Planning Commissioners
Subject:Noise Contour Amendment-(AELUP)Oppose
Date:August 01, 2023 6:57:27 PM
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is safe.
Hello Planning Commissioners,
Thank You for your service to Newport Beach!
I am a Resident of Bayview Heights ,and I am writing to let you know that I oppose the new noise contour map and
plans to build Housing on a golf course parcel South of Mesa Drive.
Please help us preserve the golf course as is. The proposed plan would involve re-zoning for a purpose that is not
approved, nor should it be. Please, vote no, our quality of life is at stake!
Thank you for your time and consideration.
Sincerely,
Caroline Dobbins
20272 Orchid Street
Newport Beach CA 92660
714-350-1315
Resident since 1999
Planning Commission - August 3, 2023 Item No. 4c - Additional Materials Received Housing Element Implementation, Noise-Related Amendments (PA2022-0201)
From:William Cope
To:Planning Commissioners
Subject:Front Nine Newport Beach Golf Course
Date:August 01, 2023 8:25:07 PM
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content
is safe.
VOTE NO!!!
HOUSING ON THE FRONT NINE OF THE NEWPORT BEACH GOLF COURSE
Sent from my iPhone
Planning Commission - August 3, 2023 Item No. 4c - Additional Materials Received Housing Element Implementation, Noise-Related Amendments (PA2022-0201)
From:Louis Beaulieu
To:Lee, Amanda; rgarciamay@newportbeachca.gov; Planning Commissioners
Cc:Mahany, John
Subject:Planning Commission meeting: Comment for PA2022-0201 Airport housing
Date:August 01, 2023 9:28:03 PM
Attachments:Letter housing development issue.pdf
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the
content is safe.
Hi,
I have attached my comment for consideration at the next meeting.
Thanks,
Louis Beaulieu
Planning Commission - August 3, 2023 Item No. 4c - Additional Materials Received Housing Element Implementation, Noise-Related Amendments (PA2022-0201)
Costa Mesa, 17 May 2023
From: Louis Beaulieu
881 Senate St, Costa Mesa, CA
To: City of Newport Beach City, CA
Planning Commission
Subject : Housing Element Implementation, Project File No.: PA2022‐0201
As an aircraft owner and operator and as a tenant at John Wayne Airport (Jay’s tie down 177), it has
been brought to my attention that there is a proposed project housing development around the airport.
This project bears file number PA2022‐0201, and a Notice of Public Hearing is scheduled
This new development would be situated right under the normal take‐off path from runway 20L which is
the normal runway for small aircraft. The following is from John Wayne Airport noise abatement
procedure for small aircraft (https://www.ocair.com/business/general‐aviation/pilot‐information/noise‐
abatement/):
By comparing with the development plan for Project File No.: PA2022‐0201 we can see that the
proposed residential area would be located right under the departure path of small aircraft. In the
image below I have superposed a normal aircraft trajectory in pink with the proposed green residential
Planning Commission - August 3, 2023 Item No. 4c - Additional Materials Received Housing Element Implementation, Noise-Related Amendments (PA2022-0201)
area defined by PA2022‐0201. The location of new housing would represent a new ‘NOISE SENSITIVE
AREA’, as is represented in Orange above in the first figure.
We can see that the aircraft trajectory would mostly be over the proposed residential area.
For all small aircraft take‐off is always performed with full power. This is per the aircraft manufacturer
operating procedure and must be followed as required by the FAA. Up to the point where the aircraft is
shown in the above image, the aircraft must keep full power and will be at an altitude that is less than
1000 feet, which causes noticeable noise for the people below.
There are several hundred of departures of small aircraft every day at John Wayne Airport, and it is not
the noise level that is the issue, it is the number of departures. An airplane can take‐off every 2‐3
minutes, and that would severely affect the quality of life of any person living under the departure path.
Planning Commission - August 3, 2023 Item No. 4c - Additional Materials Received Housing Element Implementation, Noise-Related Amendments (PA2022-0201)
The FAA has issued guidance material to prevent situations where a residential area is affected by
aircraft noise. That guidance is Advisory Circular AC 150/5020‐1 NOISE CONTROL AND COMPATIBILITY
PLANNING FOR AIRPORTS (http://www.faa.gov/documentLibrary/media/advisory_circular/150‐5020‐
1/150_5020_1.pdf). The group that is proposing to add housing elements per PA2022‐0201 needs to
read and understand that guidance material or we will create additional conflicts with the airport use in
the future. The John Wayne Airport administration is responsible to promote a compatible environment
for the airport in regards to zoning, and they can be consulted for guidance.
Also, the Aircraft Owner and Pilots Association has created a complete guide to understand issues
related to noise and compatible land use (https://www.aopa.org/‐
/media/Files/AOPA/Home/Supporting‐General‐Aviation/Get‐Involved/Airport‐Support‐Network/AOPA‐
Resources‐for‐You/120112asn‐airport‐noise‐compatible‐land‐use.pdf) around the airport. The promoter
for the Housing Element Implementation, Project File No.: PA2022‐0201 must get familiar with that
guide and re‐evaluate their project.
In the meantime Project File No.: PA2022‐0201 must be put on hold indefinitely until the developers
have changed their project to be compatible with responsible land use around an airport, in agreement
with the John Wayne Airport administration and airport users.
Planning Commission - August 3, 2023 Item No. 4c - Additional Materials Received Housing Element Implementation, Noise-Related Amendments (PA2022-0201)
August 3, 2023, Planning Commission Item 4 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. 4. HOUSING ELEMENT IMPLEMENTATION - NOISE-RELATED
AMENDMENTS (PA2022-0201)
This item shows signs of having been hastily and sloppily prepared, perhaps to meet the
deadline for a scheduled August 17 hearing before the County’s Airport Land Use Commission,
where the City likely expects a finding of inconsistency with the John Wayne Airport Environs
Land Use Plan.
The rush seems particularly unseemly to me, since the City has a Council-appointed General
Plan Advisory Committee, which includes a Noise Element Subcommittee, yet staff has not
sought its review of the present proposal (or anything else).
In any event, although the minutes are not yet posted, at the ALUC’s July 20 meeting, the ALUC
considered a City request to lower the affordable housing requirement in the Newport Place
Planned Community from 30% to 15%. The ALUC found that consistent provided all that
housing was built outside the 65 dB CNEL contour.
As a non-agenda comment at the end of that meeting, I mentioned that the AELUP for JWA
uses noise contours predicted in 1985 for conditions people of that era expected to see in 2003,
and I asked if might not be time to update them. The response to the ALUC from its Executive
Officer, Lea Choum, (which I did not understand) was that, even though they were known to no
longer be accurate, basing land use decisions on anything other than the 1985 projections
would violate the Settlement Agreement, because they were what was studied in the EIR for it. I
did not quite catch if she found that commitment in the County’s EIR 508 for the original 1985
Agreement, or the more recent EIR 617 for an amended version of the Agreement adopted in
2014.
It looks like the City is now taking a different view, and, although it is not entirely clear what
contours it is proposing, believes it can use those projected in EIR 617 for the final five years of
the amended Agreement (calendar years 2006 through 2030). Those assume 12.5 million
commercial passengers arriving and departing each year.
Using those contours seems reasonable to me, although it will certainly be inconsistent with the
County’s JWA AELUP, since that continues to use projections made around 1985 for conditions
in 2003.
And City planning staff seems to have a mistaken belief the EIR 617 contours represent the
state of the art in aircraft noise prediction. The Integrated Noise Model used in 2013 or 2014
has, in fact, been superseded for a number of years by the FAA’s Aviation Environmental
Design Tool, which is presumably what is being used by JWA’s Access and Noise Office, or
their contractors, to produce the Annual CNEL Noise Contours they post.
JWA’s official 2002 Noise Contours are skinnier and more elongated than the EIR 617
predictions, with the 65 dB CNEL contour passing, on the east, roughly though the intersection
of Birch and Quail, but extending to the south to the Muth Center and a little beyond.
Planning Commission - August 3, 2023 Item No. 4c - Additional Materials Received Housing Element Implementation, Noise-Related Amendments (PA2022-0201)
August 3, 2023, PC agenda Item 4 comments - Jim Mosher Page 2 of 2
Among signs of hasty preparation:
The revisions are inconsistent as to whether the references should be to “65 dB CNEL”
or “65 dBA CNEL” (the “A” indicating “A-weighting”). In fact, what seems to be the
author’s favorite, “dBA,” is a redundancy because CNEL is a California noise metric
defined in 21 CCR Sec. 5001, and the dB (decibels) used to express it are by definition
A-weighted. There is no other kind of CNEL (Community Noise Equivalent Level).
No update is suggested to the depiction of “existing contours” in the Noise Element,
even though they are clearly not the existing contours.
Some of the suggested revisions contradict others. For example, near the bottom of
handwritten page 26, the Noise Element narrative is proposed to be revised to read
“Noise-sensitive uses shall not be located on parcels that are wholly within the John
Wayne Airport 65 dBA CNEL contour as shown in Figure N5.” Yet, the policies allow
residential uses on such parcels if required to meet the state’s RHNA requirement.
At least as importantly, in deleting references to Figures N4 and N6, and leaving only
those to Figure N5, and in inserting references to “Title 21 of [the] California Code of
Regulations” (which, by its own terms has only to do with airports and aircraft noise), the
author seems to have lost sight of the need for policies and regulations regarding
properties impacted by other noise sources as depicted on those other maps.
I could provide more detailed suggestions. But all in all, this does not appear to be at all
ready, and I believe it should be reviewed by the City’s GPAC.
Planning Commission - August 3, 2023 Item No. 4c - Additional Materials Received Housing Element Implementation, Noise-Related Amendments (PA2022-0201)
Housing Element Implementation Noise-Related Amendments (PA2022-0201)
Planning Commission Public Hearing - August 3, 2023
Planning Commission - Date of Meeting Item No. 4d - Additional Materials Presented at the Meeting Noise Amendments - Housing Element (PA2022-0201)
Background
•Last comprehensive General Plan update in 2006
•Introduced mixed-use residential in Airport Area, but not permitted in the 65 dBA CNEL and above
2
Planning Commission - Date of Meeting Item No. 4d - Additional Materials Presented at the Meeting Noise Amendments - Housing Element (PA2022-0201)
Airport Area Map
3
Planning Commission - Date of Meeting Item No. 4d - Additional Materials Presented at the Meeting Noise Amendments - Housing Element (PA2022-0201)
Context
4
o 1.3M units allocated to SCAG regiono4,845 units to Newport Beach
o 25% of City’s planned housing capacity for RHNAo62 opportunity sites accommodating up to 2,577 duoSome identified sites in the 65dBA CNEL
Planning Commission - Date of Meeting Item No. 4d - Additional Materials Presented at the Meeting Noise Amendments - Housing Element (PA2022-0201)
Purpose of Amendments
5
Planning Commission - Date of Meeting Item No. 4d - Additional Materials Presented at the Meeting Noise Amendments - Housing Element (PA2022-0201)
Affected Plans and Codes
6
•Land Use and Noise Elements
•Exhibits and Polices
•Newport Place Planned Community (PC-11)
•Newport Airport Village Planned Community (PC-60)
Planning Commission - Date of Meeting Item No. 4d - Additional Materials Presented at the Meeting Noise Amendments - Housing Element (PA2022-0201)
Updated Noise Contours Exhibits
Reflect noise contours identified by 2014 JWA Airport Settlement Agreement Amendment
EIR #617
•Proposed noise contours are based on more contemporary aviation operations;
•Quieter fleet of existing commercial aircraft & reduction in number of generation aviation operations; and
•Based on newer state-of-art in airport noise modeling
Resulting more up-to-date noise contours
7
Planning Commission - Date of Meeting Item No. 4d - Additional Materials Presented at the Meeting Noise Amendments - Housing Element (PA2022-0201)
Existing & Proposed JWA’s Noise Contours With Housing Sites
8
Proposed
(2014)
Planning Commission - Date of Meeting Item No. 4d - Additional Materials Presented at the Meeting Noise Amendments - Housing Element (PA2022-0201)
Proposed Compatibility Standards
9
Planning Commission - Date of Meeting Item No. 4d - Additional Materials Presented at the Meeting Noise Amendments - Housing Element (PA2022-0201)
Proposed 65 dBA CNEL Allowance
10
if deemed necessary to satisfy RHNA
mandate
Planning Commission - Date of Meeting Item No. 4d - Additional Materials Presented at the Meeting Noise Amendments - Housing Element (PA2022-0201)
Recommended Actions
11
Planning Commission - Date of Meeting Item No. 4d - Additional Materials Presented at the Meeting Noise Amendments - Housing Element (PA2022-0201)
Modification to Exhibit C
12
F. Residential Use Proximate to John Wayne Airport Environs Land Use Plan. Residential uses, including mixed-use
residential, shall be prohibited within the 1985 John Wayne Airport (JWA) Master Plan 65 dBA CNEL contour allowed on parcels or
sites wholly or partially outside the John Wayne Airport 65 dBA CNEL noise contour as shown in Figure N5 of the Noise Element of
the General Plan, as identified in the 2014 John Wayne Airport Settlement Agreement Amendment Environmental Impact Report (EIR
No. 617) and consistent with Title 21 of the California Code of Regulations, subject to the following conditions that apply to all
residential projects within the John Wayne Airport 60 dBA CNEL or higher CNEL noise as shown in Figures N4 and N5 of the Noise
Element of the General Plan:
1) Prior to the issuance of any building permits for such development, a noise study shall be prepared by a City-approved
qualified acoustical consultant and submitted to the Community Development Director for approval;
2) All new residential structures or the residential units within a mixed-use development shall be attenuated to provide an
interior noise level of 45 dBA CNEL or less;
3) The design of the residential portions of mixed-use projects and residential developments shall have adequate noise
attenuation between adjacent uses and units (common floor/ceilings) in accordance with the California Building Code;
4) New mixed-use developments shall incorporate designs with loading areas, parking lots, driveways, trash enclosures,
mechanical equipment, and other noise sources away from the residential portion of the development;
5) Use of walls, berms, interior noise insulation, double paned windows, advance insulation systems, or other noise
mitigation measures, as deemed appropriate shall be incorporated in the design of new residential to bring interior sound
attenuation to 45 dBA CNEL or less;
6) Residential uses shall be indoor-oriented to reduce noise impingement on outdoor living areas;
7) On-site indoor amenities, such as fitness facilities or recreation and entertainment facilities shall be encouraged; and
8) Advanced air filtration systems for buildings shall be considered to promote cleaner air.
Residential development shall be limited to parcels or sites wholly or partially outside the 65 dBA CNEL noise contour, unless and
until the City determines, based on substantial evidence, that the parcels or sites wholly within such contour area are needed for the
City to satisfy its Sixth Cycle RHNA mandate. Non-residential uses are encouraged on parcels or sites located wholly within the 65
dBA CNEL contour area.
Planning Commission - Date of Meeting Item No. 4d - Additional Materials Presented at the Meeting Noise Amendments - Housing Element (PA2022-0201)
Definition of “Site”
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Planning Commission - Date of Meeting Item No. 4d - Additional Materials Presented at the Meeting Noise Amendments - Housing Element (PA2022-0201)
Next Steps
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Planning Commission - Date of Meeting Item No. 4d - Additional Materials Presented at the Meeting Noise Amendments - Housing Element (PA2022-0201)
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Jaime Murillo, Planning Manager
949-644-3209, jmurillo@newportbeachca.gov
Planning Commission - Date of Meeting Item No. 4d - Additional Materials Presented at the Meeting Noise Amendments - Housing Element (PA2022-0201)
From:jsalvo2105@aol.com
Sent:August 09, 2023 12:44 PM
To:Planning Commissioners
Subject:High Density Housing Plan -08.08.23
Dear Planning Commissioners,
In the past many Santa Ana Heights families had their homes condemned and were removed from
their much loved neighborhood for the commercial development on Birch Street because 65db zone
was considered too high to live there safely.
Now the Planning Staff, Planning Commission have revised the noise impact map to enable new very
high density residential development in 65db zone.
Plan to put high density housing on a popular public golf course zoned as recreational open space
and directly under high risk takeoff/landing flight path in Coastal Commission access zone.
In addition, it lies on Newport/Inglewood fault line and is in the FEMA 100 year Flood plan in a
tsunami zone.
Moreover, the plan is in a geological soil liquefaction zone subject to jet exhaust soot and air pollution
and most importantly adjoining a low density residential zone adjoining the Back Bay Wildlife and
Recreation preserve.
Add to that; it is a high traffic zone with high traffic intersection.
It would also be setting a precedent for the development of all golf courses in VIOLATION of the John
Wayne Neighborhood Plan.
This action would be compromising future Newport Beach objections to increased John Wayne
Airport air traffic and all that will come with it including: more noise, pollution, expansion, elimination
of curfew and much more traffic 24 hours a day in the area.
Using a golf course site for the housing mandate, when there are many more suitable sites, will make
the Newport Beach Golf Course landowner very rich, but do nothing to reduce local home costs and
will certainly reduce the quality of life with many obvious and unforeseen negative consequences to
our Newport Beach community.
We do oppose any such plan.
We appreciate you taking the time to read our email. If you have any questions please feel free to
reach out to us. We are very concerned!
Best Regards,
Joseph & Shella Salvo
20352 SW Cypress Street
Planning Commission Meeting - August 3, 2023 Item No. 4e - Additional Materials Received After Deadline Noise Amendments - Housing Element (PA2022-0201)