HomeMy WebLinkAbout2024-53 - Finding the Housing Element Implementation Amendments Consistent With the Purposes of the State Aeronautics Act and Overriding the Orange County Airport Land Use Commission's Determination of Inconsistency With the 2008 John Wayne Airport EnviroRESOLUTION NO. 2024-53
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, FINDING THE
HOUSING ELEMENT IMPLEMENTATION
AMENDMENTS CONSISTENT WITH THE PURPOSES
OF THE STATE AERONAUTICS ACT AND OVERRIDING
THE ORANGE COUNTY AIRPORT LAND USE
COMMISSION'S DETERMINATION OF INCONSISTENCY
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, California Government Code Section 65580 et seq. ("State Housing
Element Law") requires each city and county adopt a housing element that identifies and
analyzes existing and projected housing needs within their jurisdiction and prepare goals,
policies, and programs, and quantified objectives to further the development, improvement,
and preservation of housing;
WHEREAS, the City's General Plan Land Use Element is a mandatory element
that governs the ultimate pattern of development and requires updating as necessary for
consistency with other General Plan elements;
WHEREAS, every eight years, State Housing Element Law requires the City to
update its General Plan Housing Element to identify and analyze existing and projected
housing needs for the City along with a housing plan that provides adequate land use
capacity to meet those needs;
WHEREAS, the City was assigned a Regional Housing Needs Assessment
("RHNA") allocation of4,845 new units as its projected housing need for the planning period
covering 2021-2029 and, as a result, the City worked diligently to prepare its 6t" Cycle
Housing Element in compliance with state law;
Resolution No. 2024-53
Page 2 of 7
WHEREAS, preparation of the 6t" Cycle Housing Element involved extensive public
participation with community groups at numerous workshops, as well as meetings with the
Planning Commission and City Council, and was assisted by an ad -hoc committee called
the Housing Element Update Advisory Committee ("HEUAC") formed and appointed by the
City Council;
WHEREAS, after several meetings with the State Department of Housing and
Community Development ("HCD") and numerous drafts, the City Council adopted the final
6t" Cycle Housing Element on September 13, 2022;
WHEREAS, HCD certified the City's 6t" Cycle Housing Element on October 5,
2022, as statutorily compliant with state law;
WHEREAS, Section 4 (Housing Plan) of the 6t" Cycle Housing Element presents a
framework and strategy for meeting the needs of existing and future resident populations in
Newport Beach based on the RHNA allocation of 4,845 new housing units, the "fair share"
of regional housing need and demand, by planning for units within the following site
groupings or "focus areas" that are best suited for residential growth: Airport Area Environs,
West Newport Mesa, Newport Center, Dove r/Westcliff, and Coyote Canyon;
WHEREAS, the 6t" Cycle Housing Element opportunity sites are to be rezoned per
Housing Element Policy Actions 1A through 1 F to accommodate the City's RHNA obligation,
including a buffer necessary to address future "no net loss" of available sites and to preclude
the need to identify replacement sites during implementation.
WHEREAS, the rezoning includes the establishment of overlay zoning districts and
accompanying development standards, as well as corresponding amendments to the
General Plan Land Use Element and the Local Coastal Program;
WHEREAS, to comply with state law, the City has been working diligently to
implement the 6t" Cycle Housing Element no later than February 2025 ("6t" Cycle Housing
Element Implementation"), which requires the following amendments and actions:
• General Plan Amendment ("GPA") - To revise the necessary goals and/or
policies within the City's Land Use Element to support housing production in
the focus areas identified by the 6t" Cycle Housing Element;
Resolution No. 2024-53
Page 3of7
• Amendment to Title 20 (Planning and Zoning) ("ZCA") - To implement the
Land Use Element's policy changes by allowing housing development as an
opportunity and establishing appropriate objective design and development
standards for multi -unit residential and mixed -use development projects;
• Local Coastal Program Amendment ("LCPA") - To revise and create new
policies within the City's Coastal Land Use Plan and update Title 21 (Local
Coastal Program Implementation Plan) of the Newport Beach Municipal Code
("NBMC") to support housing production in the focus areas identified by the
61h Cycle Housing Element that are within the Coastal Zone; and
• Program Environmental Impact Report ("PEIR") (SCH No. 2023060699) - To
analyze potential environmental impacts under the California Environmental
Quality Act ("CEQA") related to the 6th Cycle Housing Element
Implementation, a Draft Housing Element Implementation Program
Amendments Program Environmental Impact Report ("Draft PEIR"), to
address reasonably foreseeable environmental impacts resulting from the 6th
Cycle Housing Element Implementation;
WHEREAS, the 6th Cycle Housing Element Implementation must take effect by
February 2025 to avoid significant penalties and loss of local control dictated by state law,
which may include, but are not limited to:
• Increased exposure to public and private litigation;
• Loss of permitting authority;
• Financial penalties including monthly fines of up to $600,000;
• Loss of eligibility for state and regional funding sources;
• Court receivership;
• Allowing housing development projects to bypass the City's zoning
requirements; and
• Increased exposure to monitoring by the newly formed Housing Accountability
Unit of HCD;
Resolution No. 2024-53
Page 4 of 7
WHEREAS, City staff worked closely with the community through the City
Council -appointed General Plan Advisory Committee ("GPAC") and General Plan Update
Steering Committee ("GPUSC") from March 2023 to August 2023 to draft Land Use
Element goals and policies that support 6th Cycle Housing Element Implementation;
WHEREAS, the draft GPA that was supported by the GPAC and the GPUSC was
posted online on August 30, 2023, with additional public comment and participation at the
Planning Commission Study Session on September 21, 2023, and City Council Study
Session on February 13, 2024;
WHEREAS, the draft GPA was revised and reposted online on January 16, 2024,
and March 28, 2024, based on the public's input;
WHEREAS, a public hearing was held by the Planning Commission on April 18,
2024, in the Council Chambers at 100 Civic Center Drive, Newport Beach, California to
consider the actions and amendments required for the 6th Cycle Housing Element
Implementation. A notice of time, place, and purpose of the hearing was given in
accordance with Government Code Section 54950 et seq. ("Ralph M. Brown Act"),
Chapter 20.62 (Public Hearings) and Chapter 21.62 (Public Hearings) of the NBMC.
Evidence, both written and oral, was presented to, and considered by the Planning
Commission at this hearing;
WHEREAS, at the conclusion of the public hearing, the Planning Commission
adopted Resolution No. PC2024-006 by a unanimous vote (5 ayes, 2 recusals)
recommending the City Council certify the Housing Element Implementation Program
Amendments Draft PEIR and approve the 6th Cycle Housing Element Implementation;
WHEREAS, California Public Utilities Code ("CPUC") Section 21676(b) requires
the City to refer the 6th Cycle Housing Element Implementation 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, the ALUC determined the 6th Cycle Housing
Element Implementation is inconsistent with portions of the AELUP, as provided in
ALUC's determination attached as Exhibit 'A" and incorporated herein by reference;
Resolution No. 2024-53
Page 5 of 7
WHEREAS, pursuant to Sections 21670 and 21676 of the CPUC, the City Council
may, after a public hearing, propose to overrule ALUC with a two-thirds vote, if it makes
specific findings that the Project is consistent with the purpose of Section 21670 of the
CPUC 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;
WHEREAS, a public hearing was held by the City Council on May 28, 2024, in
the Council Chambers located at 100 Civic Center Drive, Newport Beach, California. A
notice of time, place, and purpose of the hearing was given in accordance with CPUC
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;
WHEREAS, at the conclusion of this hearing, the City Council adopted Resolution
No. 2024-32 by a unanimous vote (7 ayes, 0 nays) to notify the ALUC and State
Department of Transportation Aeronautics Program ("Aeronautics Program") of the City's
intent to override ALUC's inconsistency finding;
WHEREAS, notice of the City's intent to override the ALUC inconsistency
determination, along with Resolution No. 2024-32 was sent via certified mail and emailed
to the ALUC and the Aeronautics Program on May 29, 2024;
WHEREAS, the City received two comments in response to the notice of the
City's intent to override the ALUC inconsistency determination from the Aeronautics
Program and ALUC in accordance with CPUC Section 21676, which are attached hereto
as Exhibits "B" and "C" respectively, and incorporated herein by reference; and
WHEREAS, a public hearing was held on July 23, 2024, by the City Council in the
Council Chambers located at 100 Civic Center Drive, Newport Beach, California to
consider the 6th Cycle Housing Element Implementation, including consideration of
certifying the PEIR, adoption of CEQA Findings, Mitigation Monitoring and Reporting
Program and a Statement of Overriding Considerations. A notice of time, place, and
purpose of the hearing was given in accordance with CPUC Section 21676(b), the Ralph
M. Brown Act, Chapter 20.62 (Public Hearings), Chapter 20.66 (Amendments), and
Chapter 21.62 (Public Hearings) of the NBMC, and City Council Policy K-1 (General Plan
and Local Coastal Program) and City Council Policy K-3 (Implementation procedures for
the California Environmental Quality Act). Evidence both written and oral, was presented
to, and considered by, the City Council at this hearing.
Resolution No. 2024-53
Page 6 of 7
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows:
Section 1: The City Council has evaluated the comments provided as Exhibits
"B" and "C" from the reviewing agencies, and does hereby make the findings necessary
to override the ALUC's determination attached hereto as Exhibit "D," and incorporated
herein by reference.
Section 2: The Housing Element Implementation Program Amendments Final
PEIR (SCH No. 2023060699) was prepared for the 6t" Cycle Housing Element
Implementation (also referred to as the "Project") in compliance with the California
Environmental Quality Act ("CEQA") as set forth in the Public Resources Code Section
21000 et seq., Title 14, Division 6, Chapter 3 of the California Code of Regulations
("CEQA Guidelines"), and City Council Policy K-3 (Implementation Procedures for the
California Environmental Quality Act). On July 23, 2024, the City Council adopted
Resolution No. 2024-50, to certify the PEIR as complete and adequate, inclusive of all
required findings, a statement of overriding considerations, and a mitigation monitoring
reporting program. The City Council hereby finds that the action to adopt this Resolution
approving the GPA was considered within the PEIR. Resolution No. 2024-50 is hereby
incorporated by reference.
Section 3: The recitals provided in this resolution are true and correct and are
incorporated into the operative part of this resolution.
Section 4: 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.
Resolution No. 2024-53
Page 7of7
Section 5: 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 23rd day of July, 2024.
Will O'Neill
Mayor
ATTEST:
s4w 't �*�
Leilani I. Brown
City Clerk
0,
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
.r �—
Aaron C. Harp
City Attorney
Attachment(s): Exhibit "A" — Orange County Airport Land Use Commission
Inconsistency Determination dated May 23, 2024
Exhibit "B" — Comment Letter from California Department of
Transportation Aeronautics Program dated June 21, 2024
Exhibit "C" — Comment Letter from Orange County Airport Land Use
Commission dated June 28, 2024
Exhibit "D" — Findings to Override ALUC's Determination
EXHIBIT "A"
Orange County Airport Land Use Commission
Inconsistency Determination dated May 23, 2024
GRANGE COUNTY
.4L U,Z.
May 23, 2024
AIRPORT LAND USE COMMISSION
FOR ORANGE COUNTY
3160 Airway Avenue • Costa Mesa, California 92626 - 949.252.5170 fax: 949.252.6012
Ben Zdeba, Principal Planner
City of Newport Beach
l00 Civic Center Drive
Newport Beach, CA 92660
Subject: ALUC Determination for Housing Element Implementation Program Amendments
(Proposed Amendments to the General Plan Land Use Element, Title 20 (Planning and Zoning)
of the Newport Beach Municipal Code (NBMC), and Local Coastal Program
Dear Mr. Zdeba:
During the public meeting held on May 16, 2024, the Airport Land Use Commission (ALUC) for
Orange County considered the subject item. The matter was duly discussed, and with a 7-0 vote,
the Commission found the Housing Element Implementation Program Amendments (Proposed
Amendments to the General Plan Land Use Element, Title 20 (Planning and Zoning) of the
Newport Beach Municipal Code (NBMC), and Local Coastal Program to be Inconsistent with
the Airport Environs Land Use Plan for John [Mayne Airport (AELUP for JWA) per:
1. Section 2.1.1 Aircraft Noise that the "aircraft noise emanating from airports may be
incompatible with general welfare of the inhabitants within the vicinity of an airport."
2. Section 2.1.2 Safety Compatibility Zones in which "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."
3. Section 2.1.4, and PUC Section 21674 which state that the Commission is charged by
PUC Section 21674(a) "to assist local agencies in ensuring compatible land uses in the
vicinity of ...existing airports to the extent that the land in the vicinity of those airports is
not already devoted to incompatible uses," and PUC Section 21674(b) "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."
4. 3.2.1 General Policy of the AELUP which states that the General Land Use policy of the
Airport Land Use Commission for Orange County shall be "Within the boundaries of the
AELUP, any land use may be found to be Inconsistent with the AELUP which... places
people so that they are affected adversely by aircraft noise..."
Please contact me if you have any questions regarding this proceeding. Thank you.
Sincerely,
j
Julie Fitch
Interim Executive Officer
cc: ALUC
EXHIBIT "B"
Comment Letter from California Department of Transportation
Aeronautics Program dated June 21, 2024
CALIFORNIA STATE TRANSPORTATION AGENCY
California Department of Transportation
AERONAUTICS PROGRAM
DIVISION OF TRANSPORTATION PLANNING
P.O. BOX 942873, MS-40 I SACRAMENTO, CA 94273-0001
(916) 654-4959
www.dol.ca.aov
June 21, 2024
Ben Zdeba, AICP, Principal Planner
City of Newport Beach
Community Development Department
100 Civic Center Drive
Newport Beach, CA 92660-3267
Dear Mr. Zdeba:
GAVIN NEWSOM, GOVERNOR
Electronically Sent
<bzd e b a &) newo o rtb a ac h ca.ao v>
The Aeronautics Program (Program) at the California Department of Transportation (Caltrans)
thanks the City of Newport Beach (City) for providing the Notice of Intent, dated May 29, 2024,
to overrule a determination of the Orange County Airport Land Use Commission (ALUC). The
ALUC has reported that the Housing Element Implementation Program Amendments Project
(Project) is inconsistent with the Airport Environs Land Use Plan (AELUP) for the John Wayne
Airport (JWA). The Notice of Intent concerns the City's Resolution (No.) 2024-32 (Resolution),
and specific "Facts in Support" related to the AELUP. In advance of a public hearing on the
Resolution to consider overruling the ALUC's determination, the Program is providing the
following comments pursuant to California Public Utilities Code (PUC) section 21676. The
Program supports the position of the ALUC in noting that the City has provided insufficient
support for an Overrule.
The ALUC has noted the following reasons this Project update is incompatible with the AELUP:
1. Section 2.1.1, Aircraft Noise that the "aircraft noise emanating from airports may be
incompatible with general welfare of the inhabitants within the vicinity of an airport."
2. Section 2.1.2, Safety Compatibility Zones in which "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."
3, Section 2.1.4, and PUC Section 21674 which state that the Commission is charged by
PUC Section 21674(a) "to assist local agencies in ensuring compatible land uses in the
vicinity of ... existing airports to the extent that the land in the vicinity of those airports is
not already devoted to incompatible uses," and PUC Section 21674(b) "to coordinate
planning at the state, regional and local levels so as to provide for the orderly
development of air transportation, while at the some time protecting the public health,
safety and welfare."
4. Section 3.2.1. General Policy of the AELUP which states that the General Land Use
policy of the Airport Land Use Commission for Orange County shall be "Within the
"Provide a safe and reliable transportation network that serves all people and respects the environment"
Ben Zdeba, Principal Planner
June 21, 2024
Page 2
boundaries of the AELUP, any land use may be found to be Inconsistent with the AELUP
which ... places people so that they are affected adversely by aircraft noise..:'
The Program notes that the intent of the Handbook guidance aims to ensure the safety of
both the aviation community and the community members surrounding an airport. Within this
framework, the ALUC has determined that the City has inadequately addressed the safety
concerns related to the proposed significant increase of housing density within airport safety
zones.
The Project also proposes to raise the allowed height of structures in close proximity to JWA.
The Program emphasizes that many, if not all, of the proposed height increases will require a
Federal Aviation Administration (FAA) obstruction analysis to ensure that structures will not
penetrate Federal Aviation Regulation (FAR) Part 77 surfaces, or the evaluation may specify
obstruction mitigation.
Lastly, the Program notes that many proposed housing sites are within the 65 CNEL noise
contour. The Program strongly recommends that the Lead Agency or authority having
jurisdiction require developers to adequately design structures to ensure interior noise levels
below 45 dB and to hold final permitting until the developer can demonstrate adequate
interior noise attenuation.
The Program concurs with the ALUC's determination that the Housing Element Implementation
Program Amendments Project is inconsistent with the Airport Environs Land Use Plan for John
Wayne Airport. This conclusion is based on insufficient findings by the City and the safety
concerns for public health and welfare posed by allowing housing in incompatible safety
zones and noise contours.
In addition, Section 21675.1(f) provides: If a city or county overrules the commission pursuant to
subdivision(d) with respect to a publicly owned airport that the city or county does not
operate, the operator of the airport is not liable for damages to property or personal injury
resulting from the city's or county's decision to proceed with the action, regulation, or permit.
Please note: The Program comments are to be included in the public record of any decision
to overrule the ALUC. If you have questions or if we may be of further assistance, please
contact me by email at ionothon.huff6&,dot.co.aov or call (916) 879-6528.
Sincerely,
Originally signed by
Jonathan Huff
Associate Transportation Planner
Caltrans Aeronautics
c: Lea U. Choum, Executive Officer, Orange County Airport Land Use Commission
<ALUCinfo@ocair.com>; Matthew Friedman, Chief of Aviation Planning, Caltrans Aeronautics
<motthew.friedman a dot.co.aov>
bc: Lan Zhou, Deputy District Director, District 12: <lan.zhou1.q)dot.ca.aov>
Provide a safe and reliable transportation network that serves all people and respects the environment'
EXHIBIT "C"
Comment Letter from Orange County Airport Land Use Commission
dated June 28, 2024
DocuSign Envelope ID: 5EDE1164-950E477"DB"96DD6903582
ORANGE COUNTY
.4L uG
June 28,2024
AIRPORT LAND USE COMMISSION
FOR ORANGE COUNTY
3160 Airway Avenue • Costa Mesa, California 92626 - 949.252.5170 fax: 949.252.6012
Ben Zdeba, A1CP, Principal Planner
City of Newport Beach
Community Development Department
100 Civic Center Drive
Newport Beach, CA 92660
Subject: Response to Notice of Intent to Overrule the Airport Land Use Commission for
Orange County Determination on Housing Element Implementation Program
Amendments
Dear Mr. Zdeba,
We are in receipt of the City of Newport Beach (City) letter dated May 29, 2024, and City
Council Resolution No. 2024-32 notifying the Airport Land Use Commission (ALUC) for
Orange County of the City's intent to overrule the ALUC's inconsistency determination on the
proposed Housing Element Implementation Program Amendments including proposed
amendments to the General Plan Land Use Element, "Title 20 (Planning and Zoning) of the
Newport Beach Municipal Code (NBMC), and Local Coastal Program. In accordance with
Section 21676 of the Public Utilities Code, the ALUC submits the following comments
addressing the proposed overrule findings for the above -referenced project. These comments
shall be included in the public record of a final decision to overrule the ALUC.
Please be advised that California Public Utilities Code (PUC) Section 21678 states: "With
respect to a publicly owned airport that a public agency does not operate, if the public agency
pursuant to Section 21676, 21676.5, or 21677 overrules a commission's action or
recommendation, the operator of the airport shall be immune from liability for damages to
property or personal injury caused by or resulting directly or indirectly from the public agency's
decision to overrule the commission's action or recommendation."
Background
On August 17, 2023, the City submitted Housing Element Implementation - Noise Related
Amendments for a consistency review. The proposed amendments included amendments to the
General Plan including the replacement of the AELUP noise contours with more narrow noise
contours which were included in 2014 Settlement Agreement EIR 617. ALUC found the Noise -
Related Amendments to be inconsistent with the AELUPfo►-JWA, and the City overruled that
determination and adopted the Amendments.
DocuSign Envelope ID: 5EDE1164-950E-477B-BDBO-6980D6903582
Housing Element Implementaliun Prop= Amewimems Overtule Response
June28,2024
Page 2
On May 16, 2024, the ALUC for Orange County found the proposed Housing Element
Implementation Program Amendments to be inconsistent with the Airport Environs Land Use
Plan (AELUP) for John Wayne Airport (JWA) on a 7-0 vote. The inconsistent finding was based
on AELUP Sections 2.1.1, 2.1.2, 2.1.4, and 3,2.1. Pursuant to Section 1.2 of the AELUP for
JWA, the purpose of the AELUP is to safeguard the general welfare of the inhabitants within
the vicinity of the airport and to ensure the continued operation of the airport. Specifically, the
AELUP seeks to protect the public from the adverse effects of aircraft noise to ensure that
people and facilities are not concentrated in areas susceptible to aircraft accidents, and to ensure
that no structures or activities adversely affect navigable airspace.
Additionally, Section 2.1.4 of the AELUP for JWA and PUC Section 21674 charge the
Commission to coordinate at the local level to ensure compatible land use planning. Therefore,
because of the City's proposed amendments allowing for residential uses within Community
Noise Equivalent Levels (CNEL) 60 and 65, and Safety Zones 4 and 6, which include exposure
to significant risks, noise and aircraft overflight, the City's proposed actions are inconsistent
with the AELUP.
ALUC has the following additional comments regarding the findings and facts of support
included in Resolution No. 2024-32:
Response to Findiniz and Fact in Sunnort A - ReRardina Noise Standards:
Pursuant to AELUP Section 2.1.1, "... aircraft noise emanating from airports may be
incompatible with the general welfare of the inhabitants within the vicinity of an airport..."
As noted in the City's discussion, the CNEL standards are set forth in the AELUP.
The proposed Housing Element Implementation Program Amendments would further allow
residential uses within the JWA 65 dBA and 60 dBA CNEL noise contours. The ALUC believes
that these residential units would be highly affected by airport noise due to the close proximity
to the airport (some within less than one mile from the runway end and others directly across
the street from the airport), regardless of which noise contours are utilized.
Response to Fact in Support B - RegardingSafety:
afety:
Pursuant to AELUP Section 2.1.2, "[slafety and compatibility zones depict which land uses are
acceptable and which are unacceptable in various portions of airport environs. 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."
The housing sites in the Housing Element Update, the Noise -Related Amendments, and the
Housing Element Implementation Program Amendments include property located in Safety
Zone 4 — Outer Approach/Departure Zone, and Safety Zone 6 — Traffic Pattern Zone 6. Many
of the sites located in Safety Zones 4 and 6 are also located in the 65 dB CNEL contour.
According to the California Airport Land Use Planning Handbook, noise and overflight should
be considered in Safety Zone 6 and residential uses should be limited to low density in Safety
Zone 4. Flight tracks for the property were included in the ALUC staff report and are attached
oocuSign Envelope ID: 5EDE1164-950E-477"DB0-806DD6903582
Housing Element Implementutiun Prognun Amendments Overtule Response
June 28, 2024
Page 3
to this letter. Considering the proposed densities, proximity to JWA and the number of flights
over the property, Housing Element Implementation Program Amendments are inappropriate.
Resuonse to Fact in Sunnort C - Reeardina "Intent of the AELUP":
By virtue of being clearly stated in AELUP for JWA Sections 1.2 "Purpose and Scope" and 2.0
"Planning Guidelines," the ALUC understands the complex legal charge to protect public
airports from encroaclunent by incompatible land use development, while simultaneously
protecting the health, safety and welfare of citizens who work and live in the airport's environs.
To this end, and as also statutorily required, ALUC proceedings are benefited by several
members having expertise in aviation. Based upon careful consideration of all information
provided, and input from ALUC members with expertise in aviation, the ALUC unanimously
found the proposed Housing Element Implementation Program Amendments to be Inconsistent
with the AELUP for JPVA.
We urge the City Council to take ALUC's concerns into consideration in its deliberations prior
to deciding whether to overrule ALUC. In the event the City overrules ALUC's determinations,
ALUC requests that individual projects within the airport influence area are submitted to ALUC
for review. Thank you for the opportunity to provide these comments.
Sincerely,
twwswp.a er.
61OEC9FaFngnaDE
Gerald A. Bresnahan
Chairman
Attachment: John Wayne Airport Flight Tracks
cc: Members of Airport Land Use Commission for Orange County
Johnathan Huff, Caltrans/Division of Aeronautics
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EXHIBIT "D"
Findings to Override ALUC's Determination
The City Council does hereby find that the 6tt' Cycle Housing Element Implementation is
consistent with the purposes of Section 21670 of the CPUC 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 6th Cycle Housing Element Implementation is 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.
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 John Wayne Airport Settlement Agreement Environmental
Impact Report (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 65 dBA CNEL noise
contour and "normally inconsistent" in the 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 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 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 6th Cycle Housing Element Implementation is 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 6th Cycle Housing Element Implementation is consistent with the
safety standards of the AELUP.
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 6th 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 these sites.
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 6th Cycle Housing Element Implementation
does 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 6r" Cycle Housing Element Implementation is 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.
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. 2024-53 was duly introduced before and adopted by the City Council of said City at a regular meeting
of said Council held on the 23rd day of July, 2024; and the same was so passed and adopted by the following
vote, to wit:
AYES: Mayor Will O'Neill, Mayor Pro Tem 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 24th day of July, 2024.
&4-j-
Leilani I. Brown
City Clerk
Newport Beach, California
F1
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