HomeMy WebLinkAboutPC2023-015 - RECOMMENDING THE CITY COUNCIL APPROVE AN AMENDMENT TO THE NOISE AND LAND USE ELEMENTS OF THE GENERAL PLAN, TITLE 20 (PLANNING AND ZONING) OF THE NEWPORT BEACH MUNICIPAL CODE, NEWPORT PLACE PLANNED COMMUNITY (PC-11) AND NEWPORT AIRPORT VILLAGRESOLUTION 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;
e. Use of walls, berms, interior noise insulation, double paned windows, advance
insulation systems, or other noise mitigation measures, as deemed appropriate shall
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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.
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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.
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3. In conformance with City Council Policy K-1, the Planning Commission reviewed and
recommended approval of the Amendments to the City Council by the adoption of
Resolution No. PC2023-015.
PASSED, APPROVED, AND ADOPTED THIS 3rd DAY OF AUGUST, 2023.
AYES: Barto, Ellmore, Rosene, and Salene
NOES: None
RECUSED: Harris, Langford, and Lowrey
ABSENT: None
BY:_________________________
Curtis Ellmore, Chair
BY:_________________________
Tristan Harris, Secretary
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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.
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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)
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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:
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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)
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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
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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)
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Planning Commission Resolution No. PC2023-015
Page 16 of 29
EXHIBIT “C”
Amendment to Title 20 (Planning and Zoning) of the Newport Beach Municipal Code
Amend Section 20.30.080.F (Noise-Airport Environs Land Use Plan Residential Use
Proximate to John Wayne Airport) of Title 20 (Planning and Zoning) of the Newport Beach
Municipal Code to read as follows:
F. Residential Use Proximate to John Wayne Airport Environs Land Use Plan. Residential
uses, including mixed-use residential, shall be prohibited within the 1985 John
Wayne Airport (JWA) Master Plan 65 dBA CNEL contour allowed on parcels or sites wholly
or partially outside the John Wayne Airport 65 dBA CNEL noise contour as shown in
Figure N5 of the Noise Element of the General Plan, as identified in the 2014 John Wayne
Airport Settlement Agreement Amendment Environmental Impact Report (EIR No. 617)
and consistent with Title 21 of the California Code of Regulations, subject to the
following conditions that apply to all residential projects within the John Wayne Airport
60 dBA CNEL or higher CNEL noise as shown in Figures N4 and N5 of the Noise Element
of the General Plan:
1) Prior to the issuance of any building permits for such development, a noise study
shall be prepared by a City-approved qualified acoustical consultant and
submitted to the Community Development Director for approval;
2) All new residential structures or the residential units within a mixed-use
development shall be attenuated to provide an interior noise level of 45 dBA CNEL
or less;
3) The design of the residential portions of mixed-use projects and residential
developments shall have adequate noise attenuation between adjacent uses and
units (common floor/ceilings) in accordance with the California Building Code;
4) New mixed-use developments shall incorporate designs with loading areas,
parking lots, driveways, trash enclosures, mechanical equipment, and other noise
sources away from the residential portion of the development;
5) Use of walls, berms, interior noise insulation, double paned windows, advance
insulation systems, or other noise mitigation measures, as deemed appropriate
shall be incorporated in the design of new residential to bring interior sound
attenuation to 45 dBA CNEL or less;
6) Residential uses shall be indoor-oriented to reduce noise impingement on
outdoor living areas;
7) On-site indoor amenities, such as fitness facilities or recreation and
entertainment facilities shall be encouraged; and
8) Advanced air filtration systems for buildings shall be considered to promote
cleaner air.
Residential development shall be limited to parcels or sites wholly or partially outside
the 65 dBA CNEL noise contour, unless and until the City determines, based on
substantial evidence, that the parcels or sites wholly within such contour area are
DocuSign Envelope ID: C58AD014-680B-45F9-896A-BDEE68157193
Planning Commission Resolution No. PC2023-015
Page 17 of 29
needed for the City to satisfy its Sixth Cycle RHNA mandate. Non-residential uses are
encouraged on parcels or sites located wholly within the 65 dBA CNEL contour area.
DocuSign Envelope ID: C58AD014-680B-45F9-896A-BDEE68157193
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.
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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
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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.
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Planning Commission Resolution No. PC2023-015
Page 21 of 29
EXHIBIT “F”
Land Use Element Figure LU11 – Statistical Areas J6, L4
DocuSign Envelope ID: C58AD014-680B-45F9-896A-BDEE68157193
!2!1
!8
!16
!4
!3
!13
!18
!15
!10
!21
!17
!7
!21
!9
!11 !5
!6
!22
!21
!14
!14
!12
!12
!19
!19
!2.1
LA CANADA
UNIVERSITY
MIRA LOMA
PAPERLN
AVENUEDRIVE SILVERLN SW BIRCH STACACIA STDRIVE
DRIVE
MESA
MESA DRBIRCHCYPRESS STMESA
C IR CLELAN
E
GOLDEN
A
N
NI
VERSARYORCHARD DR
ZENITH AVE
CDM FREE
WAY
SE BRISTOL STREETCYPRESS STPLACECIRLNCT
EGRET
PL CT
CORMORANT
C O RMORANT CIRCLECTBAYCREST
CT
BAYVIEWWAY
BAYVIEWBAYCREST
AVE
BAY FARM PL AVENUEORCHID HILL PL
CIRCLE DOVE STUPPER BAY DRSPRUCEORCHIDAZURE AVENUESTREETBAY VIEWPELICAN
CORMORA NT
CT
SHEARW
A
TERSHEARWATER P LDRIVE
ORCHARD DR
GANNETB A YV IE W BL
VDROADBAYVIEW WAYJAMBOREES/E BRISTOL ST
BRISTOL STREET NORTH ROADMACARTHURF A IR C H ILDAVENUESANTAANAMESA
BRISTOL STREET N
STREETORCHARD
DRIVESANTA ANA AVEA V E N U EIRVINE
BRISTOL
WESTERLY PLQUAILDRIVECAMPUS STREETUPPER NE W POR T PLAZA
SPRUCE STSTREETSTREET
NORTH
BRISTOL
CDM FREEW
AY
STREET
BRISTOL BIRCHBLVDMARTI
NGALE WAYMACARTHURV ONAVEDOLPHIN-STRIKER WAY
RDNEWPORT PLACE DR
QUAIL ST
BOWSPRIT DRDOVE
JAMBOREES
T
R
E
E
T KARMANBIRCH ST
ROADJAMBOREEDRIVE DRIVECAMPUSBIRCH STDOVE ST CAM PU S
D R IV E
VON KARMAN AVE DRIVE
BIRCH STBLVD
BIRCH STREETWAY
CORINTHIAN
SCOTT DRMACARTHURCAMPUS
TE L L E R A V EDRIVE
CAMPUS
ROADSW BIRCH STCDM FREEW
AY
UNIVERSITY DRIVEBARDEEN AVETELLER AVEMARTIN
DUPONT DR
UNIVERSITY
DRIVE
ORCHARDRIVERSIDE DRPEGASUS
ST
KLINE DRKLINE DRINDUSST
SAVANNALNBRUINBARKLN
AUGUSTLN
REDLANDS DRRIVERSIDE DRR IVERSIDE DRREDLANDS D RRED
RIV CYPRESS STESTUARYLNHALF MOON PL UPPER NEWPORT DRCAPITAN CT
RM14 /ac
14 /acRM
0.5
CO-G
RS-D RM
CO-G0.5
0.5CO-G
88 du
RS-D
CO-GRM29 /ac
RM11 /ac
RM43 /ac OS
AO MU-H2
MU-H2
MU-H2
PF
CG
AO
CO-GMU-H2
CG
CG
AO
AO
PF
CG
CO-G
MU-H2
65CNELNoiseContourJ6
AO
!86
J5
L4J6
!2!1
!8
!16
!4
!3
!13
!18
!15
!10
!21
!17
!7
!21
!9
!11 !5
!6
!22
!21
!14
!14
!12
!12
!19
!19
!2.1
LA CANADA
UNIVERSITY
MIRA LOMA
PAPERLN
AVENUEDRIVE SILVERLN SW BIRCH STACACIA STDRIVE
DRIVE
MESA
MESA DRBIRCHCYPRESS STMESA
C IR CLELAN
E
GOLDEN
A
N
NI
VERSARYORCHARD DR
ZENITH AVE
CDM FREE
WAY
SE BRISTOL STREETCYPRESS STPLACECIRLNCT
EGRET
PL CT
CORMORANT
C O RMORANT CIRCLECTBAYCREST
CT
BAYVIEWWAY
BAYVIEWBAYCREST
AVE
BAY FARM PL AVENUEORCHID HILL PL
CIRCLE DOVE STUPPER BAY DRSPRUCEORCHIDAZURE AVENUESTREETBAY VIEWPELICAN
CORMORA NT
CT
SHEARW
A
TERSHEARWATER P LDRIVE
ORCHARD DR
GANNETB A YV IE W BL
VDROADBAYVIEW WAYJAMBOREES/E BRISTOL ST
BRISTOL STREET NORTH ROADMACARTHURF A IR C H ILDAVENUESANTAANAMESA
BRISTOL STREET N
STREETORCHARD
DRIVESANTA ANA AVEA V E N U EIRVINE
BRISTOL
WESTERLY PLQUAILDRIVECAMPUS STREETUPPER NE W POR T PLAZA
SPRUCE STSTREETSTREET
NORTH
BRISTOL
CDM FREEW
AY
STREET
BRISTOL BIRCHBLVDMARTI
NGALE WAYMACARTHURV ONAVEDOLPHIN-STRIKER WAY
RDNEWPORT PLACE DR
QUAIL ST
BOWSPRIT DRDOVE
JAMBOREES
T
R
E
E
T KARMANBIRCH ST
ROADJAMBOREEDRIVE DRIVECAMPUSBIRCH STDOVE ST CAM PU S
D R IV E
VON KARMAN AVE DRIVE
BIRCH STBLVD
BIRCH STREETWAY
CORINTHIAN
SCOTT DRMACARTHURCAMPUS
TE L L E R A V EDRIVE
CAMPUS
ROADSW BIRCH STCDM FREEW
AY
UNIVERSITY DRIVEBARDEEN AVETELLER AVEMARTIN
DUPONT DR
UNIVERSITY
DRIVE
ORCHARDRIVERSIDE DRPEGASUS
ST
KLINE DRKLINE DRINDUSST
SAVANNALNBRUINBARKLN
AUGUSTLN
REDLANDS DRRIVERSIDE DRR IVERSIDE DRREDLANDS D RRED
RIV CYPRESS STESTUARYLNHALF MOON PL UPPER NEWPORT DRCAPITAN CT
RM14 /ac
14 /acRM
0.5
CO-G
RS-D RM
CO-G0.5
0.5CO-G
88 du
RS-D
CO-GRM29 /ac
RM11 /ac
RM43 /ac OS
AO MU-H2
MU-H2
MU-H2
PF
CG
AO
CO-GMU-H2
CG
CG
AO
AO
PF
CG
CO-G
MU-H2
65CNELNoiseContourJ6
AO
!86
J5
L4J6
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
Residential Neighborhoods
RS-D
Two-Unit ResidentialRT
RS-A
Multiple-Unit Residential Detached
Multiple-Unit Residential
RM-D
RM
Commercial Districts and Corridors
General Commercial
Recreational and MarineCommercial
Neighborhood Commercial CN
Corridor CommercialCC
CG
CV Visitor Serving Commercial
CM
Regional Commercial CR
Airport Supporting Districts
Airport Office and Supporting UsesAO
Mixed -Use Districts
Mixed Use VerticalMU-V
Mixed Use HorizontalMU-H
Mixed Use Water RelatedMU-W
IndustrialIG
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
Planning Commission Resolution No. PC2023-015
Page 22 of 29
EXHIBIT “G”
Land Use Element Figure LU22 – Airport
DocuSign Envelope ID: C58AD014-680B-45F9-896A-BDEE68157193
!2!1
!8
!16
!4
!3
!13
!18
!15
!10
!17
!7
!9
!11 !5
!6
!14
!14
!12
!12
!19
!19
!2.1
ACACIA STREETSTREETCYPRESSSTREETORCHARD
DRIVE
SPRUCEORCHIDSTAVEAZURE AVE
ZENITH AVE
AVEBAYVIEWPLBRISTOL
STREET
NORTHSPRUCE STQUA
IL
STREETWESTERLYPLBIRCHDOVE
S
T
R
E
ETSCOTT DRCORINTHIAN
WAY
MARTINGALEWAYT ELLE R A V ESTR
EET
MESA
BI R C H ROADJAMBOREEBLVDVONKARMANAVENUEMACARTHURD
RIV
E
CAMPUSBRISTOL
STREET
C
O
R
O
N
A D
EL M
A
R FR
EE
W
A
Y
CORONA
DEL
MAR
FREEWAY
B
C
C
A
MU-H2
MU-H2
AO MU-H2
CO-G
CO-G
MU-H2
CO-G
MU-H2
MU-H2
MU-H2
CG
CG CG
AO
AO
PF
CG
CO-G
C
!86
AO
AO
MU-H2
!2!1
!8
!16
!4
!3
!13
!18
!15
!10
!17
!7
!9
!11 !5
!6
!14
!14
!12
!12
!19
!19
!2.1
ACACIA STREETSTREETCYPRESSSTREETORCHARD
DRIVE
SPRUCEORCHIDSTAVEAZURE AVE
ZENITH AVE
AVEBAYVIEWPLBRISTOL
STREET
NORTHSPRUCE STQUA
IL
STREETWESTERLYPLBIRCHDOVE
S
T
R
E
ETSCOTT DRCORINTHIAN
WAY
MARTINGALEWAYT ELLE R A V ESTR
EET
MESA
BI R C H ROADJAMBOREEBLVDVONKARMANAVENUEMACARTHURD
RIV
E
CAMPUSBRISTOL
STREET
C
O
R
O
N
A D
EL M
A
R FR
EE
W
A
Y
CORONA
DEL
MAR
FREEWAY
B
C
C
A
MU-H2
MU-H2
AO MU-H2
CO-G
CO-G
MU-H2
CO-G
MU-H2
MU-H2
MU-H2
CG
CG CG
AO
AO
PF
CG
CO-G
C
!86
AO
AO
MU-H2
LAND USE POLICY
CITY of NEWPORT BEACH
GENERAL PLAN
PROJECT NUMBER: 10579-01
Source: City of Newport Beach and EIP Associates
PACIFICOCEAN
?sE
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
Planning Commission Resolution No. PC2023-015
Page 23 of 29
EXHIBIT “H”
Land Use Element Figure LU23 - Airport Area Residential Villages Illustrative Concept
Diagram
DocuSign Envelope ID: C58AD014-680B-45F9-896A-BDEE68157193
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
Planning Commission Resolution No. PC2023-015
Page 24 of 29
EXHIBIT “I”
Noise Element Figures N4 - Future Noise Contours
DocuSign Envelope ID: C58AD014-680B-45F9-896A-BDEE68157193
P A C I F I C O C E A N
B A Y
PACIFICNEWPORTBLVDSUPERIORAVENUE ANAIRVINEAVENUEFORD ROAD
MACARTHURBLVDSA
N
J
OA
QUI
NCOAST
HIGHWAYJAMBOREEROADSANTA
H I L L S
NEWPORTSHORES
BANNINGRANCH
0
P A C I F I C O C E A N
B A Y
PACIFICNEWPORTBLVDSUPERIORAVENUE ANAIRVINEAVENUEFORD ROAD
MACARTHURBLVDSA
N
J
OA
QUI
NCOAST
HIGHWAYJAMBOREEROADSANTA
H I L L S
NEWPORTSHORES
BANNINGRANCH
0
N:/GISProjects/NewportBeach_10579/Noise1.mxdCITY 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).
Planning Commission Resolution No. PC2023-015
Page 25 of 29
EXHIBIT “J”
Noise Element Figure N5 - Future Noise Contours
DocuSign Envelope ID: C58AD014-680B-45F9-896A-BDEE68157193
U P P E R
N E W P O R T
B A Y
PACIFIC ANAAVENUEIRVINEAVENUECAMPUSDRIVE
CORONA
DEL
MAR
FREEWAY
FORD ROAD
SA
N
SAN
JOAQUIN
HILLS
TRANSPO
RT
ATIO
N
CORRIDOR
JAMBOREEROADI R V I N E
?k
0
JohnWayneAirport
U P P E R
N E W P O R T
B A Y
PACIFIC ANAAVENUEIRVINEAVENUECAMPUSDRIVE
CORONA
DEL
MAR
FREEWAY
FORD ROAD
SA
N
SAN
JOAQUIN
HILLS
TRANSPO
RT
ATIO
N
CORRIDOR
JAMBOREEROADI R V I N E
?k
0
JohnWayneAirport
N:/GISProjects/NewportBeach_10579/Noise1.mxdCITY 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
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
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(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.
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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
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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.
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