HomeMy WebLinkAbout2024-32 - Notifying the Orange County Airport Land Use Commission (ALUC) and State Division of Aeronautics Program of the City's Intention to Find that Amendments to the General Plan, Coastal Land Use Plan, and Title 20 (Planning and Zoning) and Title 21RESOLUTION NO. 2024-32
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, NOTIFYING THE
ORANGE COUNTY AIRPORT LAND USE COMMISSION
(ALUC) AND STATE DIVISION OF AERONAUTICS
PROGRAM OF THE CITY'S INTENTION TO FIND THAT
AMENDMENTS TO THE GENERAL PLAN, COASTAL
LAND USE PLAN, AND TITLE 20 (PLANNING AND
ZONING) AND TITLE 21 (LOCAL COASTAL PROGRAM
IMPLEMENTATION PLAN) OF THE NEWPORT BEACH
MUNICIPAL CODE NECESSARY TO IMPLEMENT THE
GENERAL PLAN 6T" CYCLE HOUSING ELEMENT ARE
CONSISTENT WITH THE PURPOSE OF THE STATE
AERONAUTICS ACT AND OVERRULE ALUC'S
DETERMINATION THAT THE AMENDMENTS ARE
INCONSISTENT WITH THE 2008 JOHN WAYNE AIRPORT
ENVIRONS LAND USE PLAN (PA2022-0245)
WHEREAS, 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;
WHEREAS, the City Council adopted the 6t" Cycle Housing Element covering the
2021-2029 period ("611 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, as being statutorily compliant;
WHEREAS, the 6t" Cycle Housing Element identifies the Airport Area, West
Newport Mesa, Newport Center, Dover/Westcliff, and Coyote Canyon as "focus areas" that
are best suited to accommodate the City's Regional Housing Needs Allocation ("RHNA")
planning obligation, with around 30% of the housing capacity planned in the Airport Area
Environs and 30% planned in Newport Center;
WHEREAS, a total of 75 new housing opportunity sites are allocated to the Airport
Area in the 6t" Cycle Housing Element, with 37 of those new housing opportunity sites
located wholly or partially outside the updated 65 decibel ("65 dBX) Community Noise
Equivalent Level ("CNEL") noise contour boundary set forth in the 1985 John Wayne
Airport Master Plan;
Resolution No. 2024-32
Page 2 of 9
WHEREAS, amendments to the Land Use Element of the General Plan, Coastal
Land Use Plan, Title 20 ( Planning and Zoning), and Title 21 (Local Coastal Program
Implementation Plan) of the Newport Beach Municipal Code ("NBMC") are necessary to
allow residential uses, including mixed -use residential, on housing opportunity sites
identified by 6t" Cycle Housing Element within the Airport Area, as well as those identified
as additional sites in the draft Program Environmental Impact Report ("PEIR")
("Amendments") including:
General Plan Land Use Element:
• Policy LU 3.3 — Opportunities for Change,
• Policy LU 4.4 — Rezoning to Accommodate Housing Opportunities,
• Policy LU 4.5 — Residential Uses and Residential Densities,
• Policy LU 4.6 — Continuation of Existing Development,
• Policy LU 4.7 — Redevelopment and Transfer of Development Rights,
• Policy LU 6.15.4 — Priority Uses (Airport Area — Mixed Use Districts
[Subarea C, "MU-112" designation]), and
• Policy LU 6.15.28 — Priority Uses (Airport Area — Commercial Nodes
["CG" designation Sub -Area C—part]);
Coastal Land Use Plan:
• Policy LU 2.1.2-1,
• Policy LU 2.1.10-1,
• Policy LU 2.1.11-1,
• Policy LU 2.1.11-2,
• Policy LU 2.1.11-3, and
• Policy LU 2.1.11-4;
Title 20 (Planning and Zoning) of the NBMC:
• Section 20.28.050 (Housing Opportunity (HO) Overlay Zoning Districts),
• Section 20.48.185 (Multi -Unit Objective Design Standards), and
Title 21 (Local Coastal Program Implementation Plan) of the NBMC:
• Section 21.28.070 (Housing Opportunity (HO) Overlay Coastal Zoning
Districts);
Resolution No. 2024-32
Page 3 of 9
WHEREAS, a public hearing was held by the Planning Commission on April 18,
2024, in the City Council Chambers located at 100 Civic Center Drive, Newport Beach,
California. A notice of time, place and purpose of the public hearing was given in
accordance with California Government Code Section 54950 et seq. ("Ralph M. Brown
Act") and Chapter 20.62 (Public Hearings) of the NBMC. Evidence, both written and oral,
was presented to, and considered by, the Planning Commission at this public hearing;
WHEREAS, at the hearing, the Planning Commission adopted Resolution No.
PC2024-006 (5 ayes, 2 recusals) recommending the City Council approve the
Amendments;
WHEREAS, California Public Utilities Code ("PUC") Section 21676(b) requires
the City to refer the Amendments to the Orange County Airport Land Use Commission
("ALUC") to review for consistency with the 2008 John Wayne Airport Environs Land Use
Plan ("AELUP");
WHEREAS, on May 16, 2024, ALUC unanimously determined the Amendments
are inconsistent with the following provisions of the AELUP:
a. Section 2.1.1 (Aircraft Noise), which provides that the "aircraft noise emanating
from airports may be incompatible with the general welfare of the inhabitants
within the vicinity of an airport";
b. Section 2.1.2 (Safety Compatibility Zones), which provides "the purpose of
these zones is to support the continued use and operation of an airport by
establishing compatibility and safety standards to promote air navigational
safety and to reduce potential safety hazards for persons living, working or
recreating near JWA";
c. Section 2.1.4 (Air Transportation), which provides that ALUC is charged by
Section 21674 of the PUC "to coordinate planning at the state, regional and
local levels so as to provide for the orderly development of air transportation,
while at the same time protecting the public health, safety and welfare"; and
d. Section 3.2.1 (General Policy), which provides that "[w]ithin the boundaries of
the AELUP, any land use may be found to be Inconsistent with the AELUP
which... [p]laces people so that they are affected adversely by aircraft noise";
Resolution No. 2024-32
Page 4 of 9
WHEREAS, pursuant to Sections 21670 and 21676 of the PUC, the City Council
may, after a public hearing, propose to overrule ALUC with a two-thirds vote, if it makes
specific findings that the Amendments are consistent with the purpose of Section 21670
of the PUC to protect the public health, safety, and welfare by ensuring the orderly
expansion of airports and the adoption of land use measures that minimize the public's
exposure to excessive noise and safety hazards within areas around public airports to the
extent that these areas are not already devoted to incompatible uses; and
WHEREAS, a public hearing was held by the City Council on May 28, 2024, in
the City Council Chambers, 100 Civic Center Drive, Newport Beach, California. A notice
of time, place, and purpose of the hearing was given in accordance with PUC Section
21676(b) and the Ralph M. Brown Act. Evidence, both written and oral, was presented to,
and considered by, the City Council at this hearing.
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows:
Section 1: The City Council does hereby find that the Amendments are
consistent with the purposes of Section 21670 of the PUC and the AELUP of protecting
the public health, safety, and welfare by ensuring the orderly expansion of airports and
the adoption of land use measures that minimize the public's exposure to excessive noise
and safety hazards within areas around public airports to the extent that these areas are
not already devoted to incompatible uses.
Findings and Facts in Support of Findings:
A. The Amendments are consistent with the noise standards of the AELUP.
The AELUP guides development proposals to provide for the orderly development
of John Wayne Airport and the surrounding area through implementation of the
standards in Section 2 (Planning Guidelines) and Section 3 (Land Use Policies) of
the AELUP. Implementation of these standards are intended to protect the public
from the adverse effects of aircraft noise, ensure that people and facilities are not
concentrated in areas susceptible to aircraft accidents, and ensure that no
structures or activities adversely affect navigable airspace.
Resolution No. 2024-32
Page 5of9
Section 2.1.1 of the AELUP sets forth the CNEL standards. A total of 75 new
housing opportunity sites are identified in the Airport Area. Of those sites, 56 are
located wholly or partially outside the updated 65 dBA CNEL contour boundary as
identified by the 2014 EIR No. 617. Only 19 new housing opportunity sites are
located wholly within the updated 65 dBA CNEL contour boundary. As proposed,
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 6tn Cycle Housing Element RHNA mandate.
Sections 3.2.3 and 3.2.4 of the AELUP define the noise exposure in the 60 dBA to
65 dBA CNEL noise contour (Noise Impact Zone 2) as "Moderate Noise Impact"
and in the 65 dBA to 70 dBA CNEL noise contour (Noise Impact Zone 1) as "High
Impact." Section 3, Table 1 (Limitations on Land Use Due to Noise) of the AELUP
identifies residential uses as "conditionally consistent" in the 60 dBA to 65 dBA
CNEL noise contour and "normally inconsistent" in the 65 dBA to 70 dBA CNEL
noise contour. However, residential uses are not outright prohibited. Instead,
Section 3.2.3 of the AELUP requires residential uses be developed with advanced
insulation systems to bring the sound attenuation to no more than 45 dB inside. In
addition, residential uses within the 65 dBA CNEL noise contour area are required
to be "indoor -oriented" to preclude noise impingement on outdoor living areas. This
is further substantiated and supported by the proposed specific development
standards for the Airport Area Environs Area (HO-1), which include enhanced
sound mitigation and the allowance of interior amenities that satisfy open space
requirements.
The existing CNEL noise contours of the AELUP Master Plan date back to 1985
("1985 AELUP Master Plan"). However, advances in technology warrant an
adjustment to the noise contours. Specifically, the Noise Chapter of Environmental
Impact Report ("EIR No. 617"), for the 2014 John Wayne Airport Settlement
Agreement Amendment, described how the dBA CNEL noise contours have
decreased in size compared to the 1985 AELUP Master Plan CNEL noise
contours. The 1985 AELUP Master Plan CNEL noise contours are considerably
larger than the existing noise contours presented in the 2014 John Wayne Airport
Settlement Agreement Amendment largely due to a quieter fleet of existing
commercial aircraft and a dramatic reduction in the number of general aviation
operations. The noise contours in EIR No. 617 are based on more contemporary
noise modeling programs, as EIR No. 617 explained that "one of the most
important factors in generating accurate noise contours is the collection of accurate
Resolution No. 2024-32
Page 6 of 9
operational data." Airport noise contours generated in the Noise Study for EIR No.
617 used the Integrated Noise Model ("INM") Version 7.Od which was released for
use in May 2013, and is the state -of -art in airport noise modeling.
The Amendments are required to ensure the continued and effective
implementation of the 6t" Cycle Housing Element programs including, but not
limited to, the provision of sufficient adequately zoned land to accommodate the
City's share of the regional growth and its required share of lower income dwelling
units consistent with the RHNA required of the City under State Law. Additionally,
by providing uniform and concise conditions of approval identified in the proposed
amendments to Title 20 (Planning and Zoning) and Title 21 (Local Coastal
Program Implementation Plan) of the NBMC, the City has taken actions to address
potential environmental constraints in the Airport Area and ensure continued
feasibility of sites, to meet its RHNA obligation.
B. The proposed Amendments are consistent with the safety standards of the
AEL UP.
Section 2.1.2 (Safety Compatibility Zones) of the AELUP sets forth zones depicting
which land uses are acceptable in various portions of JWA environs. Most of the
housing opportunity sites, except for portions of six properties, are all within Safety
Zone 6. Allowed uses in Safety Zone 6 include residential and most nonresidential
uses, except outdoor stadiums and similar uses with very high intensities. Uses
that should be avoided include children' s schools, large day-care centers,
hospitals, and nursing homes. Risk factors associated with Safety Zone 6 generally
include a low likelihood of accident occurrence. The Newport Beach Golf Course
and the Young Men's Christian Association properties are included as housing
opportunity sites in the 6t" Cycle Housing Element. Portions of those properties are
within Safety Zone 4 with the remaining portions lying in Safety Zone 6. Safety
Zone 4 limits residential uses to very low density (if not deemed unacceptable
because of noise) and advises to avoid nonresidential uses having moderate or
higher usage intensities. Three small properties along Bristol Street and Zenith
Avenue have also been included at the request of the property ownership. Two of
these properties are wholly within Safety Zone 3 with the remainder being bisected
by both Safety Zones 3 and 6. Safety Zone 3 limits residential uses to very low
densities (if not deemed unacceptable due to noise). Given the smaller size of
these properties and intervening nonconforming single -unit residential
development, a very low density project is most likely to occur at this site location.
Resolution No. 2024-32
Page 7 of 9
The City's General Plan Safety Element Policy S8.6 demonstrates that the City
acknowledges the importance of the JWA Safety Zones:
"S8.6 John Wayne Airport Traffic Pattern Zone - Use the most currently available
John Wayne Airport (JWA) Airport Environs Land Use Plan (AELUP) as a planning
resource for evaluation of land use compatibility and land use intensity in areas
affected by JWA operations. In particular, future land use decisions within the
existing JWA Clear Zone/Runway Protection Zone (Figure S5) should be
evaluated to minimize the risk to life and property associated with aircraft
operations."
In accordance with Policy S8.6, the Amendments do not include any housing
opportunity sites in the JWA Clear Zone/Runway Protection Zone. Compliance
with these policies and regulations will ensure that future development within the
JWA Airport Planning Area will follow the safety standards of the AELUP.
C. The Amendments are consistent with the purpose and intent of the AELUP and
will not result in incompatible land uses adjacent to JWA.
The standards and policies set forth in AELUP Sections 2 and 3 were adopted to
prevent the creation of new noise and safety problems. As set forth above, any
development on the proposed housing opportunity sites will comply with the noise
criteria and safety standards established in Sections 2 and 3, consistent with
policies contained in the Amendments to General Plan Land Use Element, Coastal
Land Use Plan, Title 20 (Planning and Zoning) and Title 21 (Local Coastal Program
Implementation Plan) of the NBMC, including the enhanced development
standards related to noise mitigation and air quality. It is also important to
emphasize that parcels bisected by the 65 dBA CNEL noise contour of the updated
Noise Element could support future housing; whereas parcels located wholly within
the 65 dBA CNEL noise contour could support housing, if deemed necessary to
satisfy the RHNA mandate. Lastly, compliance with the AELUP and City standards
will be also evaluated and demonstrated at the time development projects are
proposed in the future.
Section 2: Based on the foregoing findings, the City Council provides this notice
of intention to overrule the ALUC's determination that the Amendments are inconsistent
with the AELUP.
Resolution No. 2024-32
Page 8of9
Section 3: The City Council hereby directs City staff to provide ALUC and
Caltrans Department of Transportation, Division of Aeronautics, with notice of the City's
intention to overrule the ALUC's determination that the Amendments are inconsistent with
the AELUP.
Section 4: The recitals provided in this resolution are true and correct and are
incorporated into the operative part of this resolution.
Section 5: If any section, subsection, sentence, clause or phrase of this
resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not
affect the validity or constitutionality of the remaining portions of this resolution. The City
Council hereby declares that it would have passed this resolution, and each section,
subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses or phrases be declared invalid or
unconstitutional.
Section 6: The City Council finds the adoption of this resolution is not subject to
the California Environmental Quality Act ("CEQA") pursuant to Sections 15060( c)(2) (the
activity will not result in a direct or reasonably foreseeable indirect physical change in the
environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378)
of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3,
because it has no potential for resulting in physical change to the environment, directly or
indirectly.
Specifically, the resolution does not have the potential for resulting in either a direct
physical change in the environment, or a reasonably foreseeable indirect physical change
in the environment because it is limited to the City's proposal to overrule the ALUC's
determination and does not commit the City to approve the Project. Furthermore, the
Project has been independently reviewed and evaluated pursuant to CEQA and a draft
program Environmental Impact Report (State Clearinghouse Number 2023060699)
("DEIR") has been prepared in compliance with CEQA set forth in Public Resources Code
Section 21000 et seq., the State CEQA Guidelines set forth in 14 California Code of
Regulations Section 15000 et seq., and City Council Policy K-3. The City Council will
consider the EIR before it takes action on the Project (the Amendments to the General
Plan, Coastal Land Use Plan, and Title 20 (Planning and Zoning) and Title 21(Local
Coastal Program Implementation Plan) of the NBMC).
Resolution No. 2024-32
Page 9 of 9
Section 7: This resolution shall take effect immediately upon its adoption by the
City Council, and the City Clerk shall certify the vote adopting the resolution.
ADOPTED this 28t" day of May, 2024.
Will O'Neill
Mayor
ATTEST:
pai
Leilani I. Brown `
H
City Clerk U
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Aaron arp
City tt rney
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the
whole number of members of the City Council is seven; the foregoing resolution, being Resolution
No. 2024-31 was duly introduced before and adopted by the City Council of said City at a regular meeting
of said Council held on the 14th day of May, 2024; and the same was so passed and adopted by the
following vote, to wit:
AYES: Mayor Will O'Neill, Mayor Pro Tern Joe Stapleton, Councilmember Brad Avery,
Councilmember Noah Blom, Councilmember Robyn Grant, Councilmember
Lauren Kleiman, Councilmember Erik Weigand
NAYS: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 151h day of May, 2024.
AdAid.
Leilani I. Brown
City Clerk
Newport Beach, California