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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