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HomeMy WebLinkAbout19 - Intent to Override Finding of Inconsistency for Housing Element Implementation, Noise-Related Amendments (PA2022-0201)Q �EwPpRT CITY OF s NEWPORT BEACH `q44:09 CityCouncil Staff Report ouncp September 12, 2023 Agenda Item No. 19 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Seimone Jurjis, Community Development Director - 949-644-3232, sjurjis@newportbeachca.gov PREPARED BY: Rosalinh Ung, Principal Planner, rung@newportbeachca.gov PHONE: 949-644-3208 TITLE: Resolution No. 2023-52: Intent to Override Orange County Airport Land Use Commission's Finding of Inconsistency for Housing Element Implementation, Noise -Related Amendments (PA2022- 0201) ABSTRACT: Pursuant to Section 4.3 of the 2008 John Wayne Airport Environs Land Use Plan (AELUP) and Section 21676(b) of the California Public Utilities Code, the City of Newport Beach (City) is required to submit the Housing Element Implementation, Noise -Related Amendments (Amendments) to the Orange County Airport Land Use Commission (ALUC) for a consistency determination with the AELUP. The ALUC conducted a hearing on the matter on August 17, 2023, and found the Amendments to be inconsistent with the AELUP. For the City Council's consideration is a request to override the ALUC's finding of inconsistency. This action would authorize staff to formally provide notice, pursuant to Public Utilities Code Section 21676 (b), to the ALUC and the State Division of Aeronautics of the City's intention to override the ALUC's inconsistency finding. RECOMMENDATIONS: a) Conduct a public hearing; b) Find the overriding action is exempt and not subject to further environmental review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15183 because the Amendments would not allow development of greater intensity than is allowed under the 2006 General Plan, including the Newport Airport Village Planned Community, as amended. The updated noise contours, and impacts associated therewith, were also fully analyzed in the 2014 John Wayne Airport Settlement Agreement Amendment Environmental Impact Report (EIR No. 617); and c) Adopt Resolution No. 2023-52, A Resolution of the City Council of the City of Newport Beach, California, Notifying the Orange County Airport Land Use Commission and the State Division of Aeronautics of the City's Intention to Find that Amendments 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 Development Plan (PC-11) and Newport Airport Village Planned Community Development Plan (PC-60) Necessary to Implement the 6t" Cycle Housing Element are Consistent with the Purposes of the State Aeronautics Act and Overrule the Orange County Airport Land Use Commission's Determination that the Amendments are Inconsistent with the 2008 John Wayne Airport Environs Land Use Plan (PA2022- 0201). 19-1 Resolution No. 2023-52: Intent to Override Orange County Airport Land Use Commission's Finding of Inconsistency for Housing Element Implementation, Noise -Related Amendments (PA2022-0201) September 12, 2023 Page 2 DISCUSSION: On September 13, 2022, the City Council adopted the 2021-2029 City of Newport Beach Housing Element (Housing Element). On October 5, 2022, the California Department of Housing and Community Development (HCD) certified the Housing Element as substantially compliant with State housing laws. The Housing Element provides a comprehensive set of housing goals and policies, as well as an inventory of potential candidate housing sites by income category to meet the City's Sixth Cycle RHNA allocation. Several of the sites identified are proximate to John Wayne Airport and within the existing 65 dBA Community Noise Equivalent Level (CNEL) noise contour area. Currently, there are City policies and regulations related to noise that prohibit residential uses in this area. The opportunity sites are necessary for allowing the City to meet the City's RHNA allocation obligation. As a result, these policies and regulations must be updated to eliminate the prohibition. The Airport Area Environs (Airport Area) is one of the five focus areas where new housing opportunity sites are identified to satisfy the RHNA allocation: West Newport Mesa, Dove r-Westcliff/Mariner's Mile, Newport Center, Coyote Canyon, and the Fifth Cycle sites. The Airport Area includes 62 new housing opportunity sites that could accommodate up to 2,577 housing units. This comprises approximately 25 percent of the total housing units identified in the various focus areas identified in the Housing Element. When the Housing Element was being drafted, the ALUC reviewed these sites and found the entire draft Housing Element inconsistent with the AELUP. Ultimately, the City Council overruled the ALUC's determination, finding it inconsistent with State law, and adopted the Housing Element with these sites included. Proposed Amendments The current Land Use and Noise Elements of the General Plan, Title 20 (Planning and Zoning) of Newport Beach Municipal Code (NBMC), and provisions within Newport Place and Newport Airport Village Planned Communities in the Airport Area, do not allow residential developments in the 65 dBA CNEL noise contour area. As a result, these policies and regulations must be updated to eliminate conflicting policy and regulatory restrictions to provide consistency with the Housing Element. The Amendments are needed to implement the necessary land use changes and overlay zones to allow housing on sites in the 65 dBA CNEL noise contour area. No development would be directly authorized by the proposed amendments. Furthermore, staff considered the appropriate CNEL noise contour areas to advance the policies and goals of the Sixth Cycle Housing Element and determined that the existing CNEL noise contours adopted in the 2006 Noise Element were based on the 1985 AELUP Master Plan, and now are outdated and in need of updating. 19-2 Resolution No. 2023-52: Intent to Override Orange County Airport Land Use Commission's Finding of Inconsistency for Housing Element Implementation, Noise -Related Amendments (PA2022-0201) September 12, 2023 Page 3 The following is a summary of the Amendments: • Adopting updated noise contours (Noise Element Figures N4 and N5) to reflect the noise contours identified by the 2014 John Wayne Airport Settlement Agreement Amendment Environmental Impact Report No. 617 (EIR No. 617); • Updating Land Use and Noise Element Policies, Land Use Element Figures LU11, LU22, and LU23, Title 20, PC-11, and PC-60 to modify and incorporate the updated noise contours identified by EIR No. 617 and to implement additional noise attenuation measures for future housing units proximate to John Wayne Airport; and • Allowing residential units identified by the certified 2021-2029 Sixth Cycle Newport Beach Housing Element to be located within the 65 dBA CNEL noise contour area as identified in the updated noise contour maps analyzed in EIR No. 617. Parcels bisected by the updated 65 dBA CNEL noise contour could support future housing; whereas parcels located wholly within the updated 65 dBA CNEL noise contour could only support housing if deemed necessary to satisfy the Regional Housing Needs Assessment (RHNA) mandate. The Amendments are required to further the goals, policies and programs of the Sixth Cycle Housing Element, and replace the currently outdated CNEL noise contour boundaries in the City's General Plan and PCs' zoning texts with a more updated CNEL contour boundary based on updated operations at John Wayne Airport, technological advancements in aviation technology, and updated noise modeling data. Plannina Commission Review and Recommendation On August 3, 2023, the Planning Commission considered the Amendments. One member of the public addressed the Planning Commission. At the conclusion of the public hearing, the Planning Commission recommended the City Council approve the Amendments. The August 3, 2023, Planning Commission staff report, Planning Commission minutes excerpts, and Planning Commission Resolution No. PC2023-015 are attached as Attachments B, C and D respectively. Airport Land Use Commission Review Section 4.3 of the AELUP and Section 21676(b) of the Public Utilities Code require the City submit General Plan and Zoning Code amendments to the ALUC for a consistency determination with the AELUP. The ALUC conducted a hearing on the matter at its August 17, 2023, meeting, and found the Amendments are inconsistent with the AELUP. The August 17, 2023, ALUC staff report is attached as Attachment E; and the ALUC determination letter is attached as Attachment F. 19-3 Resolution No. 2023-52: Intent to Override Orange County Airport Land Use Commission's Finding of Inconsistency for Housing Element Implementation, Noise -Related Amendments (PA2022-0201) September 12, 2023 Page 4 ALUC Override Process As a final review authority on legislative acts, the City Council may choose to override the ALUC's determination by following a two-step process, which is established in Public Utilities Code Section 21676. The first step in the process is to conduct a public hearing to adopt a resolution of intention to override, a copy of which would be sent to the ALUC and the State Division of Aeronautics to provide formal notification of the City's intent. The second step in the process is that not less than 45 days after notification has been sent to the ALUC and the State Division of Aeronautics, the City Council may conduct a second public hearing to consider adoption of a resolution to override the ALUC. At this time, the Council may also consider the project entitlements and take final action on the application. The following points are important to consider: • The City Council's adoption of the attached notification resolution does not constitute the Amendments' approval, nor does it predispose the City Council's future action on either the Amendments or the consistency determination; • The attached resolution notifying the ALUC and the State Division of Aeronautics of the City's intent, and the resolution to overrule the ALUC, which will be presented at a future hearing, must be adopted by a two-thirds vote. Since there are seven Council members, five affirmative votes are needed to pass the resolution. • Should the City Council ultimately overrule the ALUC decision, that action will not immediately affect the City's status as a consistent agency with the AELUP. ALUC would need to place an item on its future agenda to consider deeming the City an inconsistent agency. Public Utilities Code Section 21678 states that if the City overrides the ALUC's action or recommendation, the operator of the airport shall be immune from liability from damages to property or personal injury caused by or resulting directly or indirectly from the City's decision to overrule the ALUC determination. FISCAL IMPACT: There is no fiscal impact related to this item. ENVIRONMENTAL REVIEW - The City Council finds the overriding action is exempt and not subject to further environmental review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15183 because the Amendments would not allow development of greater intensity than is allowed under the 2006 General Plan, including the Newport Airport Village Planned Community, as amended. The updated noise contours, and impacts associated therewith, were also fully analyzed in the 2014 John Wayne Airport Settlement Agreement Amendment Environmental Impact Report (EIR No. 617). 19-4 Resolution No. 2023-52: Intent to Override Orange County Airport Land Use Commission's Finding of Inconsistency for Housing Element Implementation, Noise -Related Amendments (PA2022-0201) September 12, 2023 Page 5 NOTICING: Given the Amendments only involve the properties located in the Airport Area, notice of this hearing was published in the Daily Pilot and mailed to all owners of properties located within PC-11 and PC-60 that are located within the existing 65 dBA CNEL noise contour at least 10 days before the scheduled meeting, consistent with the provisions of Section 20.66.030(B) of the NBMC. Additionally, the item also appears on the agenda for this meeting, which was posted at City Hall and on the City website in accordance with the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENTS: Attachment A — Resolution No. 2023-52 Intent to Override the ALUC's Determination Attachment B — Planning Commission Staff Report, Dated August 3, 2023 (without attachments) Attachment C — Planning Commission Minute Excerpts, Dated August 3, 2023 Attachment D — Planning Commission Resolution No. PC2023-015 Attachment E — ALUC Staff Report, Dated August 17, 2023 Attachment F — ALUC Determination Letter, Dated August 23, 2023 Attachment G — Correspondence 19-5 ATTACHMENT A RESOLUTION NO. 2023-52 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, NOTIFYING THE ORANGE COUNTY AIRPORT LAND USE COMMISSION AND THE STATE DIVISION OF AERONAUTICS OF THE CITY'S INTENTION TO FIND THAT AMENDMENTS 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 DEVELOPMENT PLAN (PC-11) AND NEWPORT AIRPORT VILLAGE PLANNED COMMUNITY DEVELOPMENT PLAN (PC-60) NECESSARY TO IMPLEMENT THE 6th CYCLE HOUSING ELEMENT ARE CONSISTENT WITH THE PURPOSES OF THE STATE AERONAUTICS ACT AND OVERRULE THE ORANGE COUNTY AIRPORT LAND USE COMMISSION'S DETERMINATION THAT THE AMENDMENTS ARE INCONSISTENT WITH THE 2008 JOHN WAYNE AIRPORT ENVIRONS LAND USE PLAN (PA2022-0201) WHEREAS, Section 200 of the City of Newport Beach ("City") Charter vests the City Council with the authority to make and enforce all laws, rules and regulations with respect to municipal affairs subject only to the restrictions and limitations contained in the Charter and the State Constitution, and the power to exercise, or act pursuant to any and all rights, powers, and privileges, or procedures granted or prescribed by any law of the State of California; WHEREAS, the City Council adopted the 6th Cycle Housing Element covering the 2021-2029 period ("6th Cycle Housing Element") on September 13, 2022, and it was certified by the State Department of Housing and Community Development on October 5, 2022; WHEREAS, the Airport Area Environs ("Airport Area") is one of the five focus areas where new housing opportunity sites are allocated in the 6th Cycle Housing Element; WHEREAS, a total of 62 new housing opportunity sites are allocated to the Airport Area in the 6th Cycle Housing Element, with 48 of those new housing opportunity sites located wholly or partially outside the updated 65 decibel ("65 dBA") Community Noise Equivalent Level ("CNEL") noise contour boundary set forth in the 1985 John Wayne Airport Master Plan; 19-6 Resolution No. 2023-52 Page 2 of 9 WHEREAS, the following amendments to 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 Development Plan (PC- 11), and Newport Airport Village Planned Community Development Plan (PC-60) ("Amendments") are necessary to allow residential uses, including mixed -use residential, on housing opportunity sites that are wholly or partially located outside the 65 dBA: 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 N1.2 (Noise Exposure Verification for New Development), • Policy N1.5.A (Airport Area Infill Amendments (new policy), • Policy N2.2 (Design of Sensitive Land Uses), • Policy N3.2 (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 Development Plan (PC-11) — Part III. Residential Overlay Zone, Section V.D.1 (Airport Noise Compatibility), and • Newport Airport Village Planned Community Development Plan (PC-60) — Section I.D (Purpose and Objective) & Section II.B.2 (Prohibited Uses); WHEREAS, a public hearing was held by the Planning Commission on August 3, 2023, in the City Council Chambers located at 100 Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of the public hearing was given in accordance with California Government Code Section 54950 et seq. ("Ralph M. Brown Act") and Chapter 20.62 (Public Hearings) of the NBMC. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this public hearing; 19-7 Resolution No. 2023-52 Page 3 of 9 WHEREAS, at the hearing, the Planning Commission adopted Resolution No. PC2023-015, unanimously (4 ayes and 3 recusals), recommending the City Council approve the Amendments; WHEREAS, Section 21676(b) of the California Public Utilities Code ("PUC") requires the City to refer the Amendments to the Orange County Airport Land Use Commission ("ALUC") to review for consistency with the 2008 John Wayne Airport Environs Land Use Plan ("AELUP"); WHEREAS, on August 17, 2023, ALUC determined the Amendments are inconsistent with the following provisions of the AELUP: a. Section 2.1.1 (Aircraft Noise), which provides that the "aircraft noise emanating from airports may be incompatible with the general welfare of the inhabitants within the vicinity of an airport"; b. Section 2.1.2 (Safety Compatibility Zones), which provides "the purpose of these zones is to support the continued use and operation of an airport by establishing compatibility and safety standards to promote air navigational safety and to reduce potential safety hazards for persons living, working or recreating near JWX; c. Section 2.1.4 (Air Transportation), which provides that the Commission is charged by Section 21674 of the PUC "to coordinate planning at the state, regional and local levels so as to provide for the orderly development of air transportation, while at the same time protecting the public health, safety and welfare"; and d. Section 3.2.1(1) (General Policy), which provides that "[w]ithin the boundaries of the AELUP, any land use may be found to be Inconsistent with the AELUP which ... [p]laces people so that they are affected adversely by aircraft noise"; WHEREAS, pursuant to Sections 21670 and 21676 of the PUC, the City Council may, after a public hearing, propose to overrule ALUC with a two-thirds vote, if it makes specific findings that the Amendments are consistent with the purpose of Section 21670 of the PUC to protect the public health, safety, and welfare by ensuring the orderly expansion of airports and the adoption of land use measures that minimize the public's exposure to excessive noise and safety hazards within areas around public airports to the extent that these areas are not already devoted to incompatible uses; and Resolution No. 2023-52 Page 4 of 9 WHEREAS, a public hearing was held by the City Council on September 12, 2023, in the City Council Chambers, 100 Civic Center Drive, Newport Beach, California. A notice of time, place, and purpose of the hearing was given in accordance with PUC Section 21676(b) and the Ralph M. Brown Act. Evidence, both written and oral, was presented to, and considered by, the City Council at this hearing. NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: The City Council finds that the Amendments are consistent with the purposes of Section 21670 of the PUC and the AELUP of protecting the public health, safety, and welfare by ensuring the orderly expansion of airports and the adoption of land use measures that minimize the public's exposure to excessive noise and safety hazards within areas around public airports to the extent that these areas are not already devoted to incompatible uses. Findings and Facts in Support of Findings A. The Amendments are consistent with the noise standards of the AELUP. The AELUP guides development proposals to provide for the orderly development of John Wayne Airport and the surrounding area through implementation of the standards in Section 2 (Planning Guidelines) and Section 3 (Land Use Policies) of the AELUP. Implementation of these standards are intended to protect the public from the adverse effects of aircraft noise, ensure that people and facilities are not concentrated in areas susceptible to aircraft accidents, and ensure that no structures or activities adversely affect navigable airspace. Section 2.1.1 of the AELUP sets forth the CNEL standards. 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. 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 RHNA mandate. 19-9 Resolution No. 2023-52 Page 5 of 9 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" for the 60 dBA to 65 dBA CNEL noise contour and "normally inconsistent" for the 65 dBA to 70 dBA CNEL noise contour. However, residential uses are not outright prohibited. Instead, Section 3.2.3 of the AELUP requires the 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. The existing CNEL noise contours adopted in the 2006 Noise Element were based on the 1985 AELUP Master Plan, however, Noise Element Figures N4 and'N5, are outdated and in need of updating. Specifically, the Noise Chapter of Environmental Impact Report ("EIR") No. 617, as it relates to the 2014 John Wayne Airport Settlement Agreement Amendment, described how the dBA CNEL noise contours have reduced in size compared to the 1985 AELUP Master Plan CNEL noise contours, in which the City's General Plan policies and maps are based on. The 1985 Master Plan noise contours are considerably larger than the existing noise contours presented previously. This is largely due to a quieter fleet of existing commercial aircraft and a dramatic reduction in the number of generation aviation operations. The noise contours in EIR No. 617 are based on more contemporary noise modeling programs, as the EIR explained that "one of the most important factors in generating accurate noise contours is the collection of accurate operational data." Airport noise contours generated in this noise study using the INM Version 7.Od which was released for use in May 2013, and is the state -of -art in airport noise modeling. The purpose of the Amendments is to eliminate conflicts between the certified 6tn Cycle Housing Element and the City's General Plan Land Use Element and Noise Element and zoning codes, which prohibit residential development within the outdated 1985 65 dBA CNEL noise contour area, and to adopt more updated CNEL noise contour areas that are based on updated noise modeling data, airport operations and advances in aviation technology that result in decreased noise levels. As a result, these policies and regulations must be updated to eliminate conflicting policy and regulatory restrictions to provide consistency with the 6tn Cycle Housing Element. No development would be directly authorized by the Amendments. 19-10 Resolution No. 2023-52 Page 6 of 9 Additionally, by providing uniform and concise conditions of approval identified in the proposed amendments 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. Lastly, the Amendments would follow State mandates and local agency regulations by ensuring appropriate noise considerations are made and that mitigation measures are included in the design. Residential development and the residential portion of mixed -use projects would be restricted from areas exposed to exterior noise levels of 70 dBA CNEL and higher. Compliance with these proposed policies and regulations will ensure that future development within the JWA Airport Planning Area will follow the noise standards of the AELUP. B. The proposed Amendments are 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, with the exception of portions of three properties, are all within Safety Zone 6. Allowed uses in Safety Zone 6 include residential and most nonresidential uses, excepting 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. 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." 19-11 Resolution No. 2023-52 Page 7 of 9 In accordance with Policy S8.6, the Amendments 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 Amendments are consistent with the purpose and intent of the AELUP and will not result in incompatible land uses adjacent to JWA The standards and policies set forth in AELUP Sections 2 and 3 were adopted to prevent the creation of new noise and safety problems. As set forth above, any development on the proposed housing opportunity sites will comply with the noise criteria and safety standards established in Sections 2 and 3, and consistent with policies contained in the Amendments to Land Use and Noise Elements and comply with standard conditions proposed for Title 20 of the NBMC and the Newport Place and Newport Airport Village planned communities. Parcels bisected by the updated 65 dBA CNEL noise contour could support future housing; whereas parcels located wholly within the updated 65 dBA CNEL noise contour could support housing, if deemed necessary to satisfy the RHNA mandate. Lastly, compliance with the AELUP and City standards will be also evaluated and demonstrated at the time development projects are proposed in the future. Section 2: Based on the foregoing findings, the City Council provides this notice of intention to overrule the ALUC's determination that the Amendments are inconsistent with the AELUP. Section 3: The City Council hereby directs City staff to provide ALUC and Caltrans Department of Transportation, Division of Aeronautics, with notice of the City's intention to overrule the ALUC's determination that the Amendments are inconsistent with the AELUP. Section 4: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution. Section 5: If any section, subsection, sentence, clause or phrase of this resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this resolution. The City Council hereby declares that it would have passed this resolution, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. 19-12 Resolution No. 2023-52 Page 8 of 9 Section 6: The City Council finds the Amendments are exempt from the California Environmental Quality Act ("CEQA") pursuant to CEQA Guidelines Section 15183 because they do not change the underlying land use or zoning designations of any specific parcels, including parcels within the Airport Area or within the updated noise contours. The Amendments, therefore, will not result in development of greater intensity than is allowed under the 2006 General Plan and Newport Airport Village Planned Community, as amended. To the extent new parcels 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 forthe 2014 John Wayne Airport 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 EIR No. 617. 19-13 Resolution No. 2023-52 Page 9 of 9 Section 7: This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution. ADOPTED this 12th day of September, 2023. NOAH BI_OM Mayor ATTEST: t_eilani 1. Brown City Clerk APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Aaron arp City Att ney 19-14 Attachment No. 6 Planning Commission Staff Report, Dated August 3, 2023 (without attachments) 19-15 0.p0 R �. CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT r August 3, 2023 CIFOR��P Agenda Item No. 4 SUBJECT: Housing Element Implementation, Noise -Related Amendments (PA2022-0201) ■ General Plan Land Use Element Amendment ■ General Plan Noise Element Amendment ■ Title 20 Planning and Zoning Code Amendment ■ Newport Place Planned Community Amendment ■ Newport Airport Village Planned Community Amendment SITE LOCATION: Various sites in the Newport Beach Airport Area PROPONENT: City of Newport Beach PLANNER: Rosalinh Ung, Principal Planner 949-644-3208 or rung@newportbeachca.gov PROJECT SUMMARY Amendments to Newport Beach General Plan Land Use and Noise Elements, Title 20 (Planning and Zoning) of the Newport Beach Municipal Code, Newport Place Planned Community (PC-1 1), and Newport Airport Village Planned Community (PC-60) (Amendments) to accommodate housing units identified by the certified 2021-2029 Sixth Cycle General Plan Housing Element. RECOMMENDATION 1) Conduct a public hearing; 2) Find the proposed amendments are exempt and not subject to further environmental review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15183 because the amendments would not allow development of greater intensity than is allowed under the 2006 General Plan, including the Newport Airport Village Planned Community, as amended. The updated contours, and impacts associated therewith, were also fully analyzed in the 2014 John Wayne Airport Settlement Agreement Amendment Environmental Impact Report (EIR No. 617); and 3) Adopt Resolution No. PC2023-015 recommending approval of the Housing Element Implementation, Noise -Related Amendments to the City Council (PA2022-0201) (Attachment No. PC 1). 19-16 Planning Commission, August 3, 2023 Housing Element Implementation, Noise -Related Amendments (PA2022-0201) Page 2 EXISTING JWA NOISE CONTOURS and NEW HOUSING SITES l " s 75 dB CNEL o Sao Feet n 9 9 A � ' � o •f 65 dB 60 dB 70 dB CNEL CNEL ' Newport Airport Village PC �O / / / I � B 1 • Newport Place PC Legend =s — City Boundary New Housing Sites 7 75 dB CNEL 70 dB CNEL 65 dB CNEL 60 dB CNEL 19-17 Planning Commission, August 3, 2023 Housing Element Implementation, Noise -Related Amendments (PA2022-0201) Page 3 PROPOSED JWA NOISE CONTOURS and HOUSING SITES 75 dB ' CNEL 60 dB CNEL r 65 dB 70 dB CNEL CNEL Newport Airport Village PC 0 'M 1,400 e Newport Place PC ClS vx - Legend CNEL 60 E7CNEL 65 F CNEL 70 y� M CNEL 75 { © Opp. Housing sites — City Boundary 19-18 Planning Commission, August 3, 2023 Housing Element Implementation, Noise -Related Amendments (PA2022-0201) Page 4 INTRODUCTION Background On September 13, 2022, the City Council adopted the 2021-2029 City of Newport Beach Housing Element (Housing Element). On October 5, 2022, the State Department of Housing and Community Development (HCD) certified the Housing Element as substantially compliant with State housing laws. The Housing Element provides a comprehensive set of housing goals and policies, as well as an inventory of potential candidate housing sites by income category to meet the City's Sixth Cycle RHNA allocation. Several of the sites identified are proximate to John Wayne Airport within the existing 65 dBA Community Noise Equivalent Level (CNEL) noise contour area. Currently, there are City policies and regulations related to noise that prohibit residential uses in this area. The opportunity sites are necessary allowing the City to meet the City's RHNA allocation obligation. As a result, these policies and regulations must be updated to eliminate the prohibition. The Airport Area Environs (Airport Area) is one of the five focus areas where new housing opportunity sites are identified to satisfy the RHNA allocation: West Newport Mesa, Dove r-Westcliff/Mariner's Mile, Newport Center, Coyote Canyon, and the 5th Cycle sites. The Airport Area includes 62 new housing opportunity sites that could accommodate up to 2,577 housing units. This comprises approximately 25 percent of the total housing units identified in the various focus areas identified in the Housing Element. When the Housing Element was being drafted, the Airport Land Use Commission (ALUC) reviewed these sites and found the entire draft Housing Element inconsistent with the Airport Environs Land Use Plan (AELUP). Ultimately, the City Council overrode their determination consistent with State law and adopted the Housing Element with these sites included. Previous Noise Amendments Request The proposed amendments were initially scheduled to be heard back on April 6, 2023; however, the Commission could not consider the amendments due to a lack of a quorum. Subsequently, staff reexamined the proposed amendments and the goals of the Housing Element, and the initial draft described in the April report has been dropped. Revised Noise Amendments Staff has since had additional time to consider the appropriate CNEL noise contour areas to advance the policies and goals of the Sixth Cycle Housing Element. Staff determined that the existing CNEL noise contours adopted in the 2006 Noise Element were based on 19-19 Planning Commission, August 3, 2023 Housing Element Implementation, Noise -Related Amendments (PA2022-0201) Page 5 the 1985 AELUP Master Plan, specifically Noise Element Figures N4 and N5, and now are outdated and in need of updating. Staff then examined the County of Orange prepared EIR No. 617 as it relates to the 2014 John Wayne Airport Settlement Agreement Amendment. In May 2014, the County of Orange prepared EIR No. 617, with the City as the responsible agency. After EIR 617 was certified by the County, the city was a co -signatory to the executed Settlement Agreement Amendment. The Noise Chapter of EIR No. 617 explained how the dBA CNEL noise contours have reduced in size compared to the 1985 AELUP Master Plan CNEL noise contours, in which the City's General Plan policies and maps are based on. The 1985 Master Plan noise contours are considerably larger than the existing noise contours presented previously. This is largely due to a quieter fleet of existing commercial aircraft and a dramatic reduction in the number of generation aviation operations. The noise contours in EIR No. 617 are based on more contemporary noise modeling programs, as the EIR explained that "one of the most important factors in generating accurate noise contours is the collection of accurate operational data". Airport noise contours generated in this noise study using the INM Version 7.Od which was released for use in May 2013, and is the state -of -art in airport noise modeling. The Amendments are required to further the goals, policies, and programs of the Sixth Cycle Housing Element, and replace the currently outdated CNEL noise contour boundaries in the City's General Plan and PCs' zoning texts with a more updated CNEL contour boundary based on updated operations at JWA, technological advancements in aviation technology, and updated noise modeling data. In summary, staff is proposing to revise the proposed amendments as follows: • Adopting updated noise contours (Noise Element Figures N4 and N5) to reflect the noise contours identified by the 2014 John Wayne Airport Settlement Agreement Amendment Environmental Impact Report No. 617 (EIR No. 617), • Updating Land Use and Noise Element Policies, Land Use Element Figures LU11, LU22, and LU23, Title 20, PC-11, and PC-60 to modify and incorporate the updated noise contours identified by EIR No. 617 and to implement additional noise attenuation measures for future housing units proximate to John Wayne Airport; and • Allowing residential units identified by the certified 2021-2029 Sixth Cycle Newport Beach Housing Element to be located within the 65 dBA CNEL noise contour area as identified in the updated noise contour maps analyzed in EIR No. 617. Parcels bisected by the updated 65 dBA CNEL noise contour could support future housing; whereas parcels located wholly within the updated 65 dBA CNEL noise contour 19-20 Planning Commission, August 3, 2023 Housing Element Implementation, Noise -Related Amendments (PA2022-0201) Page 6 could support housing, if deemed necessary to satisfy the Regional Housing Needs Assessment (RHNA) mandate. The following specific policies, maps, and regulations are proposed to be changed: Land Use Element: • Policy LU6.15.3 (Airport Compatibility) • Figure LU11 — Statistical Areas J6, L4 (removal of the outdated 65 dBA CNEL noise contour line), Figure LU22 — Airport (removal of the outdated noise contour line), and Figure LU23 - Airport Area Residential Villages Illustrative Concept Diagram (removal of the outdated noise contour line) Noise Element: • Policy N1.2 (Noise Exposure Verification for New Development) • Policy N 1.5.A (Airport Area Infill Projects (new policy for Airport Area) • Policy N2.2 (Design of Sensitive Land Uses) • Policy N3.2 (Residential Development) • Figure N4 - Future Noise Contours (update JWA noise contours) and • Figure N5 - Future Noise Contours (update JWA noise contours) Title 20 Zoning Code Amendment: • Section 20.30.080(F) (Noise -Airport Environs Land Use Plan) Planned Community Text Amendments: • Newport Place Planned Community (PC-11) — Part III. Residential Overlay Zone, Section V.D.1 (Airport Noise Compatibility) • Newport Airport Village Planned Community (PC-60) —Sections I.D (Purpose and Objective), & ILA & B (Permitted & Prohibited Uses) The precise changes are included in the draft resolution as Attachment No. PC 1. Updated Land Use Element Figures LU 11, LU22, and LU22 and Noise Element Figures N4 and N5 are also referenced and included in the draft resolution. DISCUSSION Analysis General Plan Amendment The amendments are required to further the goals, policies, and programs of the Sixth Cycle Housing Element, and replace the currently outdated CNEL noise contours adopted and referenced in the Land Use and Noise Elements, Title 20, and Planned Communities with updated CNEL contours analyzed in EIR No. 617. The amendments would modify 19-21 Planning Commission, August 3, 2023 Housing Element Implementation, Noise -Related Amendments (PA2022-0201) Page 7 the General Plan Policies in the Land Use Element and Noise Element for consistency with the Housing Element. The proposed changes include all noise -related policies and referenced figures listed above for the Airport Area. The proposed amendments would be consistent with the following Housing Element Policies and Policy Actions: Housing Policy 1.1 (Identify a variety of sites to accommodate housing growth need by income categories to serve the needs of the entire community.); Housing Policy 4.2 (Enable construction of new housing units sufficient to meet City qualified goals by identifying adequate sites for their construction.); and Policy Action 4J (Airport Environs Sub Area Environmental Constraints) The amendments to the Noise Element and Land Use Element would be a step in the implementation of the Sixth Cycle Housing Element. As mentioned above, a total of 62 new housing opportunity sites are identified in the Airport Area according to the Sixth Cycle Housing Element. Of those sites, 48 are located wholly or partially outside the 65 dBA CNEL contour boundary as identified in the proposed noise contour map above. Only 14 new housing opportunity sites are located wholly within the updated 65 dBA CNEL contour boundary. By updating the General Plan Land Element and Noise Element policies that prohibit residential uses with the outdated, 1985 65 dBA CNEL contour, the Amendments will advance the Sixth Cycle Housing Element's goal of accommodating at least 2,577 housing units in a variety of income levels in the Airport Area. Additionally, by providing uniform and concise conditions Amendment to Title 20 (Planning and Zoning) of NBMC, address potential environmental constraints in the Airport feasibility of sites, particularly for lower -income RHNA. Charter 423 Analysis of approval identified in the the City has taken actions to Area and ensure continued Section 423 of the Charter and Council Policy A-18 (Guidelines for Implementing Charter Section 423) ("Council Policy A-18") require any amendment to the General Plan be reviewed to determine if a vote of the electorate would be required. If a General Plan Amendment (separately or cumulatively with other GPAs within the previous 10 years) generates more than 100 peak hour trips (a.m. or p.m.), adds 40,000 square feet of non- residential floor area, or adds more than 100 dwelling units in a statistical area, a vote of the electorate would be required. The purpose of the Amendments is to eliminate conflicts between the certified Sixth Cycle Housing Element and the City's General Plan Land Use Element and Noise Element (and other ordinances), which prohibit residential development within the outdated 1985 65 19-22 Planning Commission, August 3, 2023 Housing Element Implementation, Noise -Related Amendments (PA2022-0201) Page 8 dBA CNEL noise contour area, and to adopt more updated CNEL noise contour areas that are based on updated noise modeling data, airport operations and advances in aviation technology that result in decreased noise levels. As a result, these policies and regulations must be updated to eliminate conflicting policy and regulatory restrictions to provide consistency with the Housing Element. No development would be directly authorized by the amendments to the Noise Element and Land Use Element. As none of the thresholds specified by Charter Section 423 are impacted nor exceeded by the amendments to the Noise Element and Land Use Element, no vote of the electorate is required. Title 20 Planning and Zoning Amendment Section 20.30.080(F) (Noise -Airport Environs Land Use Plan) of the Newport Beach Municipal Code (NBMC) will be updated to allow residential uses, including mixed -use residential in the Airport Area, subject to the conditions below. Residential development would be limited to parcels wholly or partially outside the updated 65 dBA CNEL noise contour, unless and until the City determines, based on substantial evidence, that the sites wholly within such contour area are needed for the City to satisfy its Sixth Cycle RHNA mandate. Non-residential uses would be encouraged on parcels located wholly within the 2014 65 dBA CNEL contour area. 1) Prior to the issuance of any building permits for such development, a noise study shall be prepared by a City -approved, qualified acoustical consultant and submitted to the Community Development Director for approval; 2) All new residential structures or the residential units within a mixed -use development shall be attenuated to provide an interior noise level of 45 dBA CNEL or less; 3) The design of the residential portions of mixed -use projects and residential developments shall have adequate noise attenuation between adjacent uses and units (common floor/ceilings) in accordance with the California Building Code; 4) New mixed -use developments shall incorporate designs with loading areas, parking lots, driveways, trash enclosures, mechanical equipment, and other noise sources away from the residential portion of the development; 5) Use of walls, berms, interior noise insulation, double paned windows, advance insulation systems, or other noise mitigation measures, as deemed appropriate shall be incorporated in the design of new residential to bring interior sound attenuation to 45 dBA CNEL or less; 6) Residential uses shall be indoor -oriented to reduce noise impingement on outdoor living areas; 7) On -site indoor amenities, such as fitness facilities or recreation and entertainment facilities shall be encouraged; and 8) Advanced air filtration systems for buildings shall be considered to promote cleaner air. 19-23 Planning Commission, August 3, 2023 Housing Element Implementation, Noise -Related Amendments (PA2022-0201) Page 9 Newport Place (PC-11) and Newport Airport Village (PC-60) Planned Community Amendments PC 11 and PC 60 will be revised to allow residential development or mixed -use development on parcels wholly or partially outside the updated 65 dBA CNEL noise contour area, unless and until the City determines that the sites wholly within such contour area are required to meet the City's Sixth Cycle RHNA mandate. Airport Land Use Commission Consistency Determination California Public Utilities Code Section 21676(b) and John Wayne Airport Environs Land Use Plan (AELUP) Section 4.11 require the City to refer the proposed noise amendment to the Airport Land Use Commission (ALUC) for consistency determination with the AELUP due to the proposed amendment to the Land Use and Noise Elements, Zoning Code and Planned Communities. The proposed amendments are scheduled for ALUC consideration at its August 17, 2023, meeting. Environmental Review The Amendments are exempt from CEQA pursuant to CEQA Guidelines section 15183 because they do not change the underlying land use or zoning designations of any specific parcels, including parcels within the Airport Area or within the updated noise contours. The Amendments, therefore, will not result in development of greater intensity than is allowed under the 2006 General Plan and Newport Airport Village Planned Community, as amended. To the extent new parcels can be developed in the future for residential uses, by nature of no longer being located within areas identified as experiencing 65 dB CNEL or greater, those parcels must be part of a specific proposed project for consideration and processing by the City for approval. The Amendments are also exempt because they fall within the scope of analysis contained within EIR 617, prepared, and certified by the County for the 2014 JWA Settlement Agreement Amendment, to which the City is a party. EIR No. 617, fully analyzed impacts on sensitive receptors (including residential uses) in adopting the Settlement Agreement Amendment, including the updated CNEL contour boundaries associated therewith, using both the County and City's thresholds of significance. The City was a responsible agency for EIR No. 617, and co -signatory to the Settlement Agreement Amendment. EIR No. 617 concluded that the Settlement Agreement Amendment (and associated updated CNEL contours) would result in less -than - significant impacts related to noise increases at sensitive receptors, but a significant and unavoidable impact from increasing noise levels at exterior use areas of residences. A Statement of Overriding Considerations was adopted. No lawsuits were filed challenging the adequacy of the EIR. The Amendments are required for the City to officially adopt the latest and most recently analyzed dBA CNEL noise contours, which are based on state-of-the-art noise modeling, 19-24 Planning Commission, August 3, 2023 Housing Element Implementation, Noise -Related Amendments (PA2022-0201) Page 10 current airport activity and operations at JWA, and technological advances in aviation technology that reduce noise levels from aircraft. Because EIR No. 617 analyzed impacts associated with the updated noise contours, the City's adoption of the updated CNEL noise contours is fully within the scope of EIR No. 617, and the 2006 General Plan, as amended. The Amendments, therefore, do not warrant further environmental review under CEQA. Public Notice Given the proposed amendments only involve the properties located in the Airport Area, notice of this hearing was published in the Daily Pilot and mailed to all owners of properties within PC-11 and PC-60 that located within the existing 65 dBA CNEL noise contour at least 10 days before the scheduled meeting, consistent with the provisions of Section 20.66.030(B) of the NBMC. Additionally, the item appeared on the agenda for this meeting, which was posted at City Hall and on the city website. Prepared by: PA_t_� os linh Ung i ipal Planner ATTACHMENTS Submitted by: Jim Campbell Deputy Community Development Director PC 1 Draft Planning Commission Resolution with Proposed Amendments 19-25 Attachment No. C Draft Planning Commission Minute Excerpts, Dated August 3, 2023 19-26 NEWPORT BEACH PLANNING COMMISSION MINUTES CITY COUNCIL CHAMBERS — 100 CIVIC CENTER DRIVE THURSDAY, AUGUST 3, 2023 REGULAR MEETING — 6:00 P.M. I. CALL TO ORDER — 6:00 p.m. II. PLEDGE OF ALLEGIANCE — Commissioner Barto III. ROLL CALL PRESENT: Chair Curtis Ellmore, Vice Chair Mark Rosene, Secretary Tristan Harris, Commissioner Brady Barto, Commissioner Jonathan Langford, Commissioner Lee Lowrey, and Commissioner David Salene ABSENT: None Staff Present: Community Development Director Seimone Jurjis, Assistant City Attorney Yolanda Summerhill, City Traffic Engineer Brad Sommers, Police Investigator Wendy Joe, Senior Planner David Lee, Planning Manager Jaime Murillo, Administrative Assistant Clarivel Rodriguez, and Department Assistant Savannah Martinez IV. PUBLIC COMMENTS None V. REQUEST FOR CONTINUANCES None VI. CONSENT ITEMS ITEM NO. 1 MINUTES OF JULY 6, 2023 Recommended Action: Approve and file Motion made by Commissioner Langford and seconded by Secretary Harris to approve the minutes of the July 6, 2023 meeting with Mr. Mosher's edits. AYES: Barto, Ellmore, Harris, Lowrey, Langford, and Rosene NOES: None ABSTAIN: Salene ABSENT: None VII. PUBLIC HEARING ITEMS ITEM NO. 2 STAG BAR OCCUPANT LOAD INCREASE AND OPERATIONAL CHANGES (PA2022-0249) Site Location: 121 McFadden Place Summary: A conditional use permit and coastal development permit to increase the allowed occupant load of the existing Stag Bar from 260 persons to a maximum of 290 persons, which requires a waiver of 8 required parking spaces as there is no on -site parking. Additionally, the applicant requests to allow live entertainment and dancing from 11 a.m. to 2 a.m., daily. The current hours of operation from 6 a.m. to 2 Page 1 of 7 19-27 Planning Commission Regular Meeting Minutes August 3, 2023 a.m., daily, are not proposed to be modified. The establishment currently operates with Conditional Use Permit No. UP2018-013, which would be superseded if this application is approved. Recommended Actions: 1. Conduct a public hearing; 2. If the Planning Commission wishes to approve the project, then first find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 under Class 1 (Existing Facilities) of the CEQA Guidelines, because it has no potential to have a significant effect on the environment, and adopt Resolution No. PC2023-028 approving a conditional use permit and coastal development permit; or 3. If the Planning Commission wishes to deny the project, then first find the denial of the project statutorily exempt from CEQA pursuant to Section 15270 and adopt Resolution No. PC2023- 028 disapproving a conditional use permit and coastal development permit. Senior Planner Lee used a presentation to review the Stag Bar operational changes, which included a conditional use permit and coastal development permit. Senior Planner Lee discussed the project location, establishment background, project request, increased occupant load, floor plan options, parking requirements, waiver of parking requirements, late hours, alcohol service, police department review, coastal development permit, and recommendation. The Commissioners disclosed ex-parte communications with the applicant and/or his consultant by way of a conversation. Chair Ellmore opened the public hearing Mario Marovic, Stag Bar and Kitchen owner, used a presentation to review the applicant's background and track record, aerial view of McFadden Square, community outreach and involvement. Mr. Marovic showed before and after photos of improvements to McFadden Square and 22nd Street, provided a project timeline and security plan, and discussed how the Stag Bar is the number one Uber "restaurant" drop off location rating in Orange County with four- and one-half stars on Yelp. Mr. Marovic also discussed the merits of the parking study and agreed to the recommended conditions of approval. Jim Mosher thought that staff inadvertently left out the action that the Planning Commission is approving, which is typically located somewhere between action number one and two on page 28 in the decision portion of the resolution approval. Additionally, a mechanism to appeal the conditional use permit should be included, where the appeal language only pertains to the coastal development permit aspect on page 39. James Bozes expressed support for Stag Bar and Mr. Marovic. Micah Schiesel, Director of Operations of the Lounge Group, expressed support for the changes. Nathan Holthouser, 7t" Street homeowner on the Peninsula, asked the Planning Commission to support the changes and thought everything on the Peninsula should have no parking requirements. In response to Mr. Mosher's comments, Senior Planner Lee stated that the resolution for the action and appeal period for Title 20 and 21 and correct language can be added into the final resolution for signatures. Chair Ellmore closed the public hearing. Commissioner Langford thanked Mr. Mosher for his attention to detail Page 2 of 7 19-28 Planning Commission Regular Meeting Minutes August 3, 2023 Secretary Harris noted that he frequents the area with his young children on his bike, would not have done so in the past, and thought it is a result of the applicant's efforts, trusted the applicant's track record, and expressed support. Vice Chair Rosene thought the operator does wonderful things for the community, acknowledged the operator for McFadden Square being well -maintained, thought the Planning Commission should give Mr. Marovic the opportunity for approval, and expressed support. Commissioner Lowrey noted the traffic engineer's approval of the 2019 parking study, approval for safety items by staff, the operator's control of the areas regarding police department concern, and zero concern that Mr. Marovic, his team, and the police to address and end potential problems relatively quickly. Motion made by Commissioner Lowrey and seconded by Commissioner Barto to approve the item with the recommendations listed and from Mr. Mosher. AYES: Barto, Ellmore, Harris, Langford, Lowrey, Rosene, and Salene NOES: None ABSTAIN: None ABSENT: None ITEM NO. 3 THE HOUSE ANNUAL REVIEW (PA2011-005) Site Location: 2601 West Coast Highway Summary: The review of The House restaurant for compliance with Conditional Use Permit No. UP2011-001, originally approved by the Planning Commission on June 9, 2011. UP2011-001 authorized a restaurant with late hours, live entertainment, alcohol sales, outdoor dining, a parking management plan, and adjustment to off-street parking requirements. Recommended Actions: 1. Conduct a public hearing; 2. Find this review exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 under Class 1 (Existing Facilities) and Section 15321 under Class 21 (Enforcement Actions by Regulatory Agencies) of the CEQA Guidelines, because it has no potential to have a significant effect on the environment; 3. Review the current operation, The House, for its compliance with UP2011-001; 4. Find the operator's use of a floating outdoor dining vessel to be in violation of UP2011-001; 5. Direct the operator immediately cease and desist use of the floating outdoor patio vessel, and remove it within 30 days or file the necessary application to amend the use permit within 30 days requesting retention of the vessel; and 6. Direct staff to remove Condition No. 2 from Planning Commission Resolution No. 1844 related to annual reviews of the Use Permit No 2011-001 and perform reviews on an as -needed basis. Assistant City Attorney Yolanda Summerhill noted that additional comments were received from the applicant's representative and suggested a modification from the recommended action to receive a brief presentation from staff, receive feedback from the Planning Commission, and ask for a continuance to bring back to the body for possible action. Page 3 of 7 19-29 Planning Commission Regular Meeting Minutes August 3, 2023 Senior Planner Lee used a presentation to present The House annual review, which included the project location, photos, background information, analysis of compliance with Use Permit (UP) 2011-001, the violation of a floating outdoor patio vessel, other violations, public comments from the applicant, and recommendation. In response to Secretary Harris' question, Senior Planner Lee noted that an additional coastal development permit and review by the California Coastal Commission (CCC) would be required to pursue using the vessel as a patio to serve the restaurant. Additionally, he noted a conditional use permit amendment would be required to use the vessel for boat storage and guests and certain conditions of approval would need to be removed, especially Condition 65. For the boat storage, no coastal development permit would be required. Ex parte communication was disclosed by Commissioners Rosene, Harris, and Lowrey who spoke with the applicant and Commissioner Langford who spoke with the owner. Chair Ellmore opened the public hearing. Jim Mosher noted the challenges with receiving CCC approval for a pier and docks, floats added to expand the pier/dock and uses that are not part of the original permit, and confusion if the area is a vessel or a patio, expressed doubt in the applicant's credibility based on a violation after the owner promised to abide by the rules, and thought the vessel did not seem easy to take out. Chair Ellmore closed the public hearing. At the direction of Assistant City Attorney Summerhill, Chair Ellmore opened the public hearing. In response to Vice Chair Rosene's inquiry, Senior Planner Lee clarified that the Leilani Rose is the patio/float name, and the applicant has stated that it is officially registered as a vessel with the Coast Guard. In response to Commissioner Salene's question, Planning Manager Murillo clarified that the dock was previously approved for boats or vessels so any boat or yacht can park there. He noted the concern among staff is that the vessel serves and functions like a floating patio as an extension to the restaurant which is considered a different type of development that requires CCC approval. He indicated that a condition of approval for CCC permitting would be included in the City's future approval if the Planning Commission decided it is reasonable to use the vessel as a patio. Motion made by Vice Chair Rosene and seconded by Commissioner Salene to continue the item to the September 7, 2023 Planning Commission meeting. AYES: Barto, Ellmore, Harris, Langford, Lowrey, Rosene, and Salene NOES: None ABSTAIN: None ABSENT: None ITEM NO. 4 HOUSING ELEMENT IMPLEMENTATION - NOISE -RELATED AMENDMENTS (PA2022-0201) Site Location: Various sites in the Newport Beach Airport Area Summary: Amendments to the Newport Beach General Plan Land Use and Noise Elements, Title 20 (Planning and Zoning) of the Newport Beach Municipal Code (NBMC), the Newport Place Planned Community Development Standards (PC-11), and the Newport Airport Village Planned Community Development Plan (PC-60) for the following: • Adopting updated noise contours (Noise Element Figures N4 and N5) to reflect the noise contours identified by the 2014 John Wayne Airport Settlement Agreement Amendment Environmental Impact Report No. 617 (EIR No. 617); • Updating Land Use and Noise Element Policies, Land Use Element Figures LU11, LU22, and LU23, Title 20, PC-11, and PC-60 to modify and incorporate the updated noise contours identified by EIR Page 4 of 7 19-30 Planning Commission Regular Meeting Minutes August 3, 2023 No. 617 and to implement additional noise attenuation measures for future housing units proximate to John Wayne Airport; and • Allowing residential units identified by the certified 2021-2029 Sixth Cycle Newport Beach General Plan Housing Element to be located within the 65 dBA CNEL noise contour area as identified in the updated noise contour maps identified by EIR No. 617. Parcels bisected by the updated 65 dBA CNEL noise contour could support future housing; whereas parcels located wholly within the updated 65 dBA CNEL noise contour could support housing, if deemed necessary to satisfy the Regional Housing Needs Assessment (RHNA) mandate. Recommended Actions: 1. Conduct a public hearing; 2. Find the proposed amendments are exempt and not subject to further environmental review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15183 because the amendments would not allow development of greater intensity than is allowed under the 2006 General Plan, including the Newport Airport Village Planned Community, as amended. The updated contours, and impacts associated therewith, were also fully analyzed in the 2014 John Wayne Airport Settlement Agreement Amendment Environmental Impact Report (EIR No. 617); and 3. Adopt Resolution No. PC2023-015 recommending approval of the Housing Element Implementation, Noise -Related Amendments to the City Council (PA2022-0201). Assistant City Attorney Summerhill noted a lack of quorum due to the number of recused Commissioners and announced the process of drawing cards to identify Commissioner participation. Each Commissioner who recused themselves stated the conflict associated with their recusal and cards were drawn. Commissioners Rosene and Ellmore received the top two high cards and remained at the dais to participate in the matter. Planning Manager Murillo used a presentation to review the background, airport area map, context, purpose of the amendments, affected plans and codes, updated noise contour exhibits, existing and proposed John Wayne Airport's (JWA's) noise contours with housing sites, proposed compatibility standards, proposed 65 dBA CNEL allowance, recommended actions, modification to Exhibit C, definition of "site," and next steps. In response to Vice Chair Rosene's question, Project Manager Murillo indicated that within the Santa Ana Specific Plan, standards are in place requiring notification and a noise study to ensure that the interior noise environment of new structures is at 45 dBA. Except for Secretary Harris, ex parte communication was disclosed by the Commissioners for speaking with area parcel representatives. Chair Ellmore opened the public hearing. Jim Mosher expressed displeasure that the Noise Element Subcommittee of the General Plan Advisory Committee (GPAC) has not met yet to discuss the proposed amendments and had been bypassed, thought the amendments are not ready yet, questioned why the City is not using the best modern predictions, disagreed with using a "bisected" approach, and expressed concern for noise provisions throughout the City. Community Development Director Jurjis relayed staff's shared frustration about the Regional Housing Needs Assessment (RHNA) units and thought staff has taken the best approach to implement State law and used the best available noise contours that are legally defensible. Chair Ellmore closed the public hearing. Page 5 of 7 19-31 Vill. Ka Planning Commission Regular Meeting Minutes August 3, 2023 Motion made by Vice Chair Rosene and seconded by Commissioner Salene to approve the item as recommended. AYES: Barto, Ellmore, Rosene, and Salene NOES: None RECUSED: Langford, Lowrey, and Harris ABSENT: None DISCUSSION ITEMS ITEM NO. 5 MUNICIPAL CODE REVIEW TO REDUCE OR SUNSET PROVISIONS (PA2022-0219) Site Location: Not Applicable Summary: A review of potential planning -related Municipal Code and City Council Policy amendments for inclusion in a recommendation to the City Council. Recommended Actions: 1. Find the recommended action not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3; and 2. Recommend the City Council review the potential amendments to the Municipal Code identified in Attachment PC-1 to the staff report. Planning Manager Murillo used a presentation to review the support of City Council efforts and five recommended areas. Jim Mosher supported policy review, noted recommended area numbers three and five seem to eliminate redundancy while the others seem to be policy changes, thought including areas that are policy change would be deceptive if they are included in a City-wide package of recommendations from all boards, commissions, and City Council under the title "obsolete code," and suggested the Planning Commission defer the final decision until closer to the deadline of next June 2024 in order to review other potential obsolete code for removal. Community Development Director Jurjis noted that a subcommittee worked on this matter, State law changes are rapid and everchanging, and staff has completed the task and looks forward to the Planning Commission's approval to bring back to the City Council. Motion made by Commissioner Barto and seconded by Commissioner Salene to approve the item as recommended. AYES: Barto, Ellmore, Harris, Langford, Lowrey, Rosene, and Salene NOES: None ABSTAIN: None ABSENT: None STAFF AND COMMISSIONER ITEMS ITEM NO. 6 MOTION FOR RECONSIDERATION None Page 6 of 7 19-32 Planning Commission Regular Meeting Minutes August 3, 2023 ITEM NO. 7 REPORT BY THE COMMUNITY DEVELOPMENT DIRECTOR OR REQUEST FOR MATTERS WHICH A PLANNING COMMISSION MEMBER WOULD LIKE PLACED ON A FUTURE AGENDA Community Development Director Jurjis noted that the soil vapor extraction (SVE) remediation project appeal at the Ford Aeronutronic Facility was denied by the City Council and the project should move forward. He announced a public hearing by the CCC next Thursday to review the Local Coastal Program amendment that clarifies fractional ownership as a time share use and announced a Planning Commission meeting on August 17 to discuss the increased enrollment at Pacific Christian High School. Jim Mosher relayed that the City Council directed staff to refund the SVE project appeal fees to the appellant ITEM NO. 8 REQUESTS FOR EXCUSED ABSENCES Commissioner Barto requested an excused absence from the August 17 Planning Commission meeting. X. ADJOURNMENT — With no further business, Chair Ellmore adjourned the meeting at 7:20 p.m. The agenda for the August 3, 2023, Planning Commission meeting was posted on Thursday, July 27, 2023, at 5:15 p.m. in the Chambers binder, on the digital display board located inside the vestibule of the Council Chambers at 100 Civic Center Drive, and on the City's website on Thursday, July 27, 2023, at 4:50 p.m. Curtis Ellmore, Chair Tristan Harris, Secretary Page 7 of 7 19-33 Attachment No. D Planning Commission Resolution No. PC2023-015 19-34 DocuSign Envelope ID: C58AD014-680B-45F9-896A-BDEE68157193 RESOLUTION NO. PC2023-015 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH, CALIFORNIA, RECOMMENDING THE CITY COUNCIL APPROVE AN AMENDMENT TO THE NOISE AND LAND USE ELEMENTS OF THE GENERAL PLAN, TITLE 20 (PLANNING AND ZONING) OF THE NEWPORT BEACH MUNICIPAL CODE, NEWPORT PLACE PLANNED COMMUNITY (PC-11) AND NEWPORT AIRPORT VILLAGE PLANNED COMMUNITY (PC-60) RELATED TO NOISE IN THE AIRPORT AREA IN ORDER TO IMPLEMENT THE SIXTH CYCLE HOUSING ELEMENT (PA2022-0201) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: Section 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 19-35 DocuSign Envelope ID: C58AD014-680B-45F9-896A-BDEE68157193 Planning Commission Resolution No. PC2023-015 Paae 2 of 29 ("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 111. Residential Overlay Zone, Section V.D.1 (Airport Noise Compatibility); and 19-36 DocuSign Envelope ID: C58AD014-680B-45F9-896A-BDEE68157193 Planning Commission Resolution No. PC2023-015 Paae 3 of 29 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. 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 19-37 DocuSign Envelope ID: C58AD014-680B-45F9-896A-BDEE68157193 Planning Commission Resolution No. PC2023-015 Paae 4 of 29 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. 19-38 DocuSign Envelope ID: C58AD014-680B-45F9-896A-BDEE68157193 Planning Commission Resolution No. PC2023-015 Paae 5 of 29 423 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 Suaaort of Findinas: 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. 19-39 DocuSign Envelope ID: C58AD014-680B-45F9-896A-BDEE68157193 Planning Commission Resolution No. PC2023-015 Paae 6 of 29 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 '/2 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 19-40 DocuSign Envelope ID: C58AD014-680B-45F9-896A-BDEE68157193 Planning Commission Resolution No. PC2023-015 Paae 7 of 29 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. 19-41 DocuSign Envelope ID: C58AD014-680B-45F9-896A-BDEE68157193 Planning Commission Resolution No. PC2023-015 Paae 8 of 29 SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby finds this action is not subject to further environmental review pursuant to Section 15183 of the CEQA Guidelines because the Amendments do not change the underlying land use or zoning designations of any specific parcels, including parcels within the Airport Area or within the updated noise contours. The Amendments, therefore, will not result in development of greater intensity than is allowed under the 2006 General Plan and Newport Airport Village Planned Community, as amended. To the extent new parcels can be developed in the future for residential uses, by nature of no longer being located within areas identified as experiencing 65 dB CNEL or greater, those parcels must be part of a specific proposed project for consideration and processing by the City for approval. The Amendments are also exempt because they fall within the scope of analysis contained within the previously certified EIR No. 617, prepared for the 2014 John Wayne Airport ("JWA") Settlement Agreement, to which the City is a party. 2. The Planning Commission of the City of Newport Beach hereby recommends the following to the City Council: a. Adopt Land Use Element Amendment, which is attached hereto as Exhibit "A," and incorporated herein by reference; b. Adopt Noise Element Amendment, which is attached hereto as Exhibit "B," and incorporated herein by reference; C. Adopt Title 20 (Planning and Zoning) of the NBMC, which is attached hereto as Exhibit "C," and incorporated herein by reference; d. Adopt Newport Place Planned Community (PC-11) Text Amendment, which is attached hereto as Exhibit "D," and incorporated herein by reference; and e. Adopt Newport Airport Village Planned Community (PC-60) Text Amendment, which is attached hereto as Exhibit "E," and incorporated herein by reference, f. Adopt Land Use Element Figures LU11, LU22 and LU23 to remove the 65 dBA CNEL noise contour, which are attached hereto as Exhibit "F," Exhibit "G," and Exhibit "H," respectively, and incorporated herein by reference; g. Adopt Noise Element Figures N4 and N5 to update the 65 dBA CNEL noise contour, which are attached hereto as Exhibit "I" and Exhibit "J," respectively, and incorporated herein by reference; and h. Adopt CEQA - Findings of Consistency, which are attached hereto as "Exhibit K," and incorporated herein by reference. 19-42 DocuSign Envelope ID: C58AD014-680B-45F9-896A-BDEE68157193 Planning Commission Resolution No. PC2023-015 Paae 9 of 29 3. In conformance with City Council Policy K-1, the Planning Commission reviewed and recommended approval of the Amendments to the City Council by the adoption of Resolution No. PC2023-015. PASSED, APPROVED, AND ADOPTED THIS 3rd DAY OF AUGUST, 2023. AYES: Barto, Ellmore, Rosene, and Salene NOES: None RECUSED: Harris, Langford, and Lowrey ABSENT: None BY: Curtis Ellmore, Chair BY: TViSfAJA, RAMS Tristan Harris, Secretary 19-43 DocuSign Envelope ID: C58AD014-680B-45F9-896A-BDEE68157193 Planning Commission Resolution No. PC2023-015 Paae 10 of 29 EXHIBIT "A" Amendment to the 2006 General Plan Land Use Element Airport Area Reference & Propose Changes Page Airport Area Modify the third paragraph on page 3-100 as follows: narrative change Development in the Airport Area is limited reS+, �a due to the safety restrictions and noise associated Of jVY7A. with Introduction on John Wayne Airport. n^MUGh of the seuthcrrv"res ,�, for r�do� �l rsr IGGated onthe65 dBA GNE=1 hi� Pg 3-100 URSUiteh�le ether 10neise_c e„ 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; Modify the fourth sentence in first paragraph on page 3-101 as Pg 3-101 follows- HeUSiRg 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. 19-44 DocuSign Envelope ID: C58AD014-680B-45F9-896A-BDEE68157193 Planning Commission Resolution No. PC2023-015 Paae 11 of 29 Policy LU6.15.3 Require that all development be constructed in conformance with the (Airport height restrictions set forth by the Federal Aviation Administration Compatibility); (FAA), Federal Aviation Regulations (FAR) Part 77, and Caltrans Pg 3-101 Division of Aeronautics, and that residential development shall be allowed only on parcels with noise levels of less than leGated 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) 19-45 DocuSign Envelope ID: C58AD014-680B-45F9-896A-BDEE68157193 Planning Commission Resolution No. PC2023-015 Paae 12 of 29 EXHIBIT "B" Amendment to the 2006 General Plan Noise Element Reference & Page Proposed Changes Narrative -Community Modify the second full paragraph on page 12-9 as follows: Noise Contours; Pg 12- 9 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.Od 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: 19-46 DocuSign Envelope ID: C58AD014-680B-45F9-896A-BDEE68157193 Planning Commission Resolution No. PC2023-015 Paae 13 of 29 The W- AEI I ID (lost amender! in ` 002) onhi allows �-i-r�o-v-v�-�rc��vr�rc���arrr �.�rr�cvvc� r9—crnvvr� and other noose_ sensitive a 65 residential uses uses within ��ucrr i--avcv�art�v ��� dBA noise Genteur if the interior noise standard of 45 dB an a000mnanyino erdinatien of GNELGan he maintained, rd with a—avigat+en easement for noise to theZairpert nrepriete anlli able to single family resirdenGes 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 G GE)Rtnit that sant seunaatneR nffri d'at i-ig to maintain a 45 dBA GNEL interin metheds are used Jc level.all designated outdoor common or recreational areas provide outdoor signage informing the public of the presence of operating aircraft. Policy N1.2 (Noise Applicants for proposed residential or mixed -use projects Exposure Verification that reg—.-�neRtal review and ar^ located in areas for New Development); projected to be exposed to 65-70 dBA CNEL or greater Pg 12-25 GNEl 60 dBA and higher as shown on Figure 4, Figure N5; and Figure N6 may must conduct a field survey noise in a to measurementeether�Qelinn manner aGGeptable the rit„ 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 Allow a higher (above 65 dBA CNEL) exterior noise level Projects); Pg 12-25 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) 19-4 7 DocuSign Envelope ID: C58AD014-680B-45F9-896A-BDEE68157193 Planning Commission Resolution No. PC2023-015 Paae 14 of 29 Policy N1.5A (Airport Allow infill residential projects proximate to John Wayne Area Infill Projects) Airport to have a higher exterior noise level standard (65- 70 dBA CNEL) if it can be shown that there are no practical New Policy 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 Require the use of walls, berms, interior noise insulation, Sensitive Land Uses); double -paned windows, advanced insulation systems, or Pg 12-26 other noise mi+�atie,Tmeasures, as appropriate, in the design of new residential developments to attenuate noise levels to not exceed 45 dBA CNEL interior. or eOther new noise sensitive land uses that are adjacent to major reads- 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 Ensure new development is compatible with the noise Development); Pg 12- environment by Ucing airpgrt noise nentei m ng larger +hen 27 the 1985 I\A/center Plan these to Grprta�ned—IR as guides fi it ire planning and development denicienc 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 Require that residential development in proximate to John Development); Pg 12- Wayne Airport Area shall not be located elide on parcels 28 wholly within the John Wayne Airport 65 dBA outside of the 65 dBA CNEL noise contour shown in Figure N5 of the 19-48 DocuSign Envelope ID: C58AD014-680B-45F9-896A-BDEE68157193 Planning Commission Resolution No. PC2023-015 Paae 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) 19-49 DocuSign Envelope ID: C58AD014-680B-45F9-896A-BDEE68157193 Planning Commission Resolution No. PC2023-015 Paae 16 of 29 EXHIBIT "C" Amendment to Title 20 (Planning and Zoning) of the Newport Beach Municipal Code Amend Section 20.30.080.F (Noose Airport Environs Land UsePlanResidential 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 ERV;r^nE ' and i Se PIResidential uses, including mixed -use residential, shall be prohibited wi " R the 1985 dehR VVaY a Airport ( WA) MaStor DlaR 65 dBA GNE GORt,,,r 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 19-50 DocuSign Envelope ID: C58AD014-680B-45F9-896A-BDEE68157193 Planning Commission Resolution No. PC2023-015 Paae 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. 19-51 DocuSign Envelope ID: C58AD014-680B-45F9-896A-BDEE68157193 Planning Commission Resolution No. PC2023-015 Paae 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 iW 65 dB GNEL noise Gonteur-, speGifFec h� 985 iWA 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. 19-52 DocuSign Envelope ID: C58AD014-680B-45F9-896A-BDEE68157193 Planning Commission Resolution No. PC2023-015 Paae 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 IOGated outside the jehR WaYRe Airpert 65 dBA Cnl�i nn�_ ise GGRte it and cafe 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 19-53 DocuSign Envelope ID: C58AD014-680B-45F9-896A-BDEE68157193 Planning Commission Resolution No. PC2023-015 Paae 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 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. 19-54 DocuSign Envelope ID: C58AD014-680B-45F9-896A-BDEE68157193 Planning Commission Resolution No. PC2023-015 Paae 21 of 29 Land Use Element Figure LU11 — Statistical Areas J6, L4 19-55 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. 2019-14 GP2015-004 PA2015-210 02/12/2019 Change land use designation from General Commercial Office (CO-G) to Private Institutions (PI) and amend Anomaly No. 22 to allow 85,000 square feet for Residential Care Facility for the Elderly located at 101 Bayview place. 201 1-21 GP2007-009 PA2007-213 02/22/201 1 Increase the maximum allowable development limit by 11,544 square feet and create anomaly No. 2.1 for 4300 Von Karman. RM 44 CIA RM 14 W RM ¢ sRi opR\ U -'✓ °� `\ C®-G MU-H2 NEWP°RT P� ° 15 ti (�1 alp MM 11110 M. Ma- -4 SWEEPER Jt �o 0 S� G� �� bh 0 487.5 975 Feet I I I I I 800 BgwFW K'AY 0 J m la a 0 0 UNIVERSITY DRIVE CITY of NEWPORT BEACH GENERAL PLAN Figure LU 11 STATISTICAL AREAS J6, L4 Residential Neighborhoods Rs-D Single -Unit Residential Detached Rs -A Single -Unit Residential Attached RT Two -Unit Residential - Multiple -Unit Residential - Multiple -Unit Residential Detached Commercial Districts and Corridors cN J Neighborhood Commercial cc Corridor Commercial - General Commercial - Visitor Serving Commercial -Recreational and Marine Commercial - Regional Commercial Commercial Office Districts co-c General Commercial Office co-M Medical Commercial Office co-R Regional Commercial Office Industrial Districts F—iG7 Industrial Airport Supporting Districts Ao Airport Office and Supporting Uses Mixed -Use Districts Mu-v Mixed Use Vertical Mu-H Mixed Use Horizontal Mu# Mixed Use Water Related Public, Semi -Public and Institutional PFJ Public Facilities Private Institutions - Parks and Recreation Los Open Space Ts Tidelands and Submerged Lands *94. y City of Newport Beach pis Boundary 4 Statistical Area L4 Boundary Land Use Delineator Line • Refer to anomaly table ¢ �gW apRT ° E I P Document Name: Land_Use_Airport_Area_Figure_LUI I_Amendment 19-56 DocuSign Envelope ID: C58AD014-680B-45F9-896A-BDEE68157193 Planning Commission Resolution No. PC2023-015 Paae 22 of 29 EXHIBIT "G" Land Use Element Figure LU22 — Airport 19-57 86 • 3 9 �.• 10 • � ' . 4 01 • 11 " 5 6 11 • I 1 .�I 2 r . 14 15 19 18 fflF4c W. 40 LAND USE POLICY OUnderlying Uses: Office, Hotel, Supporting Retail, © Airport -Supporting Businesses © Commercial and Office Residential Village: Housing and Mixed -Use (with Guidelines for Design and Development) Document Name: Land_Use_Airport_Area_Figure_LU22_Amendment CITY of NEWPORT BEACH GENERALPLAN FIGURE LU22 AIRPORT AREA QSub -Area Conceptual Q Development Plan Area Land Use Delineator Line �s Highway •Refer to anomaly table Feet 0 250 500 1,000 Source: City of Newport Beach and EIP Associates PROJECT NUMBER: 10579-01 ZE PoHr F M O o � � 19-58 DocuSign Envelope ID: C58AD014-680B-45F9-896A-BDEE68157193 Planning Commission Resolution No. PC2023-015 Paae 23 of 29 EXHIBIT "H" Land Use Element Figure LU23 - Airport Area Residential Villages Illustrative Concept Diagram 19-59 1JJ�� 1 rf; ff � � J z RBI}Tpt Fr�k�r •Gs r� Document Name: Land —Use _Airport _ Area_Figure_LU23_Amendment CITY of NEWPORT BEACH GENERAL PLAN Figure LU23 AIRPORT AREA RESIDENTIAL VILLAGES ILLUSTRATIVE CONCEPT DIAGRAM Legend OPPORTUNITY SITES PROPOSED OPEN SPACES IMPROVED RESIDENTIAL STREETS PROPOSED RESIDENTIAL STREET PROPOSED PEDESTRIAN WAYS CONCEPTUAL PLAN REQUIRED Source: ROMA Design Group PROJECT NUMBER: 10579-01 Date: 08/03/06 � �6W ART O u � x �</G00.HSP ♦ s s o c/ n � �. 19-60 DocuSign Envelope ID: C58AD014-680B-45F9-896A-BDEE68157193 Planning Commission Resolution No. PC2023-015 Paae 24 of 29 EXHIBIT "I" Noise Element Figures N4 - Future Noise Contours 19-61 DocuSign Envelope ID: C58AD014-680B-45F9-896A-BDEE68157193 Planning Commission Resolution No. PC2023-015 Paae 25 of 29 EXHIBIT "J" Noise Element Figure N5 - Future Noise Contours 19-63 DocuSign Envelope ID: C58AD014-680B-45F9-896A-BDEE68157193 Planning Commission Resolution No. PC2023-015 Paae 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 19-65 DocuSign Envelope ID: C58AD014-680B-45F9-896A-BDEE68157193 Planning Commission Resolution No. PC2023-015 Paae 27 of 29 (4) Are previously identified significant effects which, as a result of substantial new information which was not known at the time the EIR was certified, are determined to have a more severe adverse impact than discussed in the prior EIR. (c) If an impact is not peculiar to the parcel or to the project, has been addressed as a significant effect in the prior EIR, or can be substantially mitigated by the imposition of uniformly applied development policies or standards, as contemplated by subdivision (e) below, then an additional EIR need not be prepared for the project solely on the basis of that impact. (d) This section shall apply only to projects which meet the following conditions: (1) The project is consistent with: (A) A community plan adopted as part of a general plan, (B) A zoning action which zoned or designated the parcel on which the project would be located to accommodate a particular density of development, or (C) A general plan of a local agency, and (2) An EIR was certified by the lead agency for the zoning action, the community plan, or the general plan. As part of its decision -making process, the City is required to review and consider whether the Amendments would create new significant impacts or significant impacts that would be substantially more severe than those disclosed in the John Wayne Airport Settlement Agreement Amendment Environmental Impact Report No. 617 (State Clearinghouse No. 2001111135) (EIR No. 617). Additional CEQA review is only triggered if the Amendments create new significant impacts or impacts that are more severe than those disclosed in EIR No. 617 such that major revisions to the EIR would be required. The Amendments provide for updated noise contours as established in EIR No. 617 and revisions to General Plan policies, Title 20 of Newport Beach Municipal Code (NBMC), Newport Place Planned Community (PC-11), and Newport Airport Village Planned Community (PC-60) to allow for consistency between the certified 2021-2029 Sixth Cycle Housing Element and the Newport Beach General Plan and NBMC as it applies to future housing uses near John Wayne Airport. The Amendments are proposed to ensure consistency pursuant to the State Planning and Zoning Law and the City's compliance with its RHNA allocation. Residential and mixed -use (commercial and residential) buildings would be restricted from areas exposed to exterior noise levels of 65 dBA CNEL and higher, based on the dBA CNEL contour boundaries set forth in EIR No. 617 for inclusion as Figure N5 of the Noise Element of the General Plan, unless and until the City determines, based on substantial evidence that the sites wholly within such contour area are needed for the City to satisfy its Sixth Cycle RHNA mandate. The Amendments do not grant any development entitlements or authorize development. 19-66 DocuSign Envelope ID: C58AD014-680B-45F9-896A-BDEE68157193 Planning Commission Resolution No. PC2023-015 Paae 28 of 29 The proposed policy changes and NBMC amendments would allow the City to implement housing policies which are in the Sixth Cycle Housing Element. The Sixth Cycle Housing Element was determined to be statutorily exempt under CEQA Guidelines Section 15262 because it does not provide development entitlements to any specific land use projects, nor does it make any changes to the General Plan land use map or modify land use designations, densities, or land use intensities. The policies and program changes are needed for the City's compliance with its RHNA allocation and would not cause a significant effect on the environment or that were previously analyzed adequately in the Newport Beach General Plan Update Program EIR (SCH No. 2006011119) or EIR No. 617. The Noise Chapter of EIR No. 617 explained how the dBA CNEL noise contours have reduced in size compared to the 1985 Airport Environs Land Use Plan (AELUP) Master Plan CNEL noise contours, in which the City's General Plan policies and maps are based on. The 1985 Master Plan noise contours are considerably larger than the existing noise contours presented previously. This is largely due to a quieter fleet of existing commercial aircraft and a dramatic reduction in the number of generation aviation operations. The noise contours in EIR No. 617 are based on more contemporary noise modeling programs, as the EIR explained that "one of the most important factors in generating accurate noise contours is the collection of accurate operational data". Airport noise contours generated in this noise study using the INM Version 7.Od 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 19-67 DocuSign Envelope ID: C58AD014-680B-45F9-896A-BDEE68157193 Planning Commission Resolution No. PC2023-015 Paae 29 of 29 exempt from CEQA, all future residential uses affected by the Amendments would continue to be subject to further development review, which can include technical supporting reports. No new information that was not known at the time the General Plan and EIR No. 617 were prepared is now available that demonstrates that the Amendments will result in a new or increased significant impact. The Amendments would not cause growth beyond that accommodated by the General Plan. The Amendments do not introduce new land use designations or otherwise alter general land use patterns or development standards. Therefore, the findings of previously certified EIR No. 617 are applicable to the Amendments. Implementation of the Amendments would not substantially increase the severity of previously identified impacts, including but not limited to air emissions and greenhouse gas emissions. Although the noise contours would be updated, the requirements for compliance with noise standards would not change. In summary, the Amendments would not result in any new significant environmental effects that are substantially different from those identified in EIR No. 617 nor would it substantially increase the severity of significant effects previously identified in EIR No. 617. Therefore, based on the provisions of State CEQA Guidelines Section 15183, no additional CEQA documentation is required. 19-68 Attachment No. E ALUC Staff Report, Dated August 17, 2023 19-69 /11" AIRPORT LAND USE COMMISSION ORANGE COUNTY FOR ORANGE COUNTY .4LUG 3160 Airway Avenue • Costa Mesa, California 92626 - 949.252.5170 fax: 949.252.6012 AGENDA ITEM 1 August IT 2023 TO: Commissioners/Alternates FROM: Lea U. Choum, Executive Officer SUBJECT: City of Newport Beach Housing h.lement Implementation."Noise-Related Amendments including=, Amendments to the Land Use Flement. Noise Klement. Zoning Code. Newport Airport Village Planned Community and Newport Place Planned Community Background In September 2021. the City of Newport Beach submitted its 2021-2029 Housing Element Update (I lousing Element) to the Airport Land Use Commission for Orange County (ALUC) ;'or a consistency review. Your Commission found it to be inconsistent with the Airl)orl Elnrlrons Lund Use Plan? for John Gf'tyne Ar17)ort (AELUP fbr.IWA) due to noise, safety and land -use incompatibility issues. The City subsequently overruled ALUC's determination in February 2022, and adopted the Housing Element in September 2022. The City is now submitting noise -related amendments to its Land Use Element. Noise Flement. Zoning Code, Newport Place Planned Community, and Newport Airport Village Planned Community to accommodate the residential "opportunity" sites located within the 65 d13 CNE1. contour that were included in the Housing Element. See Attachment 9, Exhibits A. B, C. and D to view the proposed changes. In addition, the City is proposing to change the noise contours that the subject plans are based on to the contours that were included in the 2014 Settlement Agreement Amendment CIR 617. No additional sites are proposed at this time. The City has scheduled the following public hearings: August 3, 2023 Planning Commission (recommended approv il) August 22. 2023 (tentative) City Council 19-70 Agenda Item I Newport Beach Noise Related Amendments August 17, 2023 Page 2 AELUP for JWA Issues Regarding Aircraft Noise Impacts: The Housing Element identified 28 new residential sites within the 65 dB CNEL and 23 new sites for residential development within the 60 dB CNEL. These parcels are shown in Attachment 1. Please note that this exhibit includes the Newport Airport Village Planned Community which your Commission found inconsistent with the AELUP.for JWA in July 2020 due to noise, safety, and height issues. The City proceeded to overrule ALUC and approve the 2021-2019 Housing Element in September 2020. Also depicted on the exhibit is Newport Place Planned Community which in June 2012 limited residential use to the 60 dB CNEL and was found to be consistent with the AELUP at that time. Since then, the Housing Element expanded Newport Place residential uses into the 65 dB CNEL. The Housing Element removed a policy that was included in previous Housing Elements prohibiting residential uses within the 65 dB CNEL, and the City is now proposing to revise or remove similar policies from the Noise Element, Land Use Element, Newport Place Planned Community, Newport Airport Village Planned Community, and the Zoning Code. In summary, the City is proposing: • To adopt updated noise contours (Noise Element Figures N4 and N5) to reflect the noise contours identified by the 2014 John Wayne Airport Settlement Agreement Amendment -Environmental Impact Report (EIR) No. 617. See Attachment 2 for a comparison of the two sets of noise contours; • To update Land Use and Noise Element Policies, Land Use Element Figures LU11, LU22, and LU23, Title 20, PC-11, and PC-60 to modify and incorporate the updated noise contours identified by EIR No. 617 and to implement additional noise attenuation measures for future housing units proximate to John Wayne Airport; and • Allow residential units identified by the certified 2021-2029 Sixth Cycle Newport Beach Housing Element to be located within the 65 dBA CNEL noise contour area as identified in the updated noise contour maps analyzed in EIR No. 617. Parcels bisected by the updated 65 dBA CNEL noise contour could support future housing; whereas parcels located wholly within the updated 65 dBA CNEL noise contour could support housing, if deemed necessary to satisfy the Regional Housing Needs Assessment (RHNA) mandate. Section 3.2.3 of the AELUP Noise Impact Zone_I - High Impact 65 dB and above, states "Noise impact in this zone is sufficient to warrant restrictions on residential uses and to require sound attenuation measures on other uses. The ALUC does not support residential development within the 65 dB CNEL noise contour." There are further requirements for sound attenuation and avigation easements for noise for residential units to be found consistent. Section 3.2.1 of the AELUP 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 19-71 Agenda Item 1 Newport Beach Noise Related Amendments August 17, 2023 Page 3 may be found to be Inconsistent with the AELUP which... places people so that they are affected adversely by aircraft noise..." This section further states, "Adverse effects of aircraft noise are defined by the "reasonable person" concept presented in the Noise Standards for California Airports, Title 21 of the California Code of Regulations (Appendix G). Adverse effects of aircraft noise include single event noise disturbances to which people near airports are subjected." The noise contours that the City proposes to use are smaller than the 1985 CNEL contours in the vicinity of the Airport and have not been approved by ALUC for inclusion in the AELUP. The following excerpt from Section 2.2.1 of the AELUP for JWA provides background information relating to the noise contours included in the AELUP and states the following: "In February 1985, the Board of Supervisors adopted the John Wayne Airport Master Plan (AMP) and the Santa Ana Heights Land Use Compatibility Program (LUCP). The Airport Master Plan includes a limit of 73 average daily departures (ADDS) for most commercial jet operations. In preparing the LUCP, a projected 65 dB CNEL noise contour reflecting expected future flight levels and a reasonable mix of aircraft types was utilized. This contour, referred to as the Project Case and depicted in EIR 508 (Figure 4.15-15) (prepared jointly for the AMP and LUCP), was approved by the Board of Supervisors as the implementation line for two noise compatibility programs: Purchase Assurance and Acoustical Insulation. It was also utilized in the preparation and Board adoption of a land use plan. The Commission recognizes and utilizes the noise contours referred to in EIR 508 (Figure 4.15-15)." The AELUP continues to reflect the EIR 508 noise contours for purposes of determining whether a project is consistent with the AELUP noise policies and provisions. Therefore, for purposes of the AELUP consistency analysis, the City and ALUC are required to utilize the noise contours that are provided in the AELUP. Neither the City nor the ALUC can provide a consistency analysis based on different and updated noise contours unless and until those noise contours have been included in the AELUP. Rather, any submittal must be based on the policies and contours currently in the existing AELUP. Attachment 3 is an exhibit from the City's ALUC submittal that shows the Housing Element sites in relation to the 2014 noise contours. As shown, the City is proposing to allow residential in the 65 CNEL regardless of which noise contours are used. Regarding Height Restrictions: Many of the residential sites included in the Housing Element are located in the Approach Surface, Transitional Surface, and Horizontal Surface of the Federal Aviation Regulation (FAR) Part 77 Obstruction Imaginary Surfaces for JWA (see Attachment 4). No height increases are proposed at this time, and with approximate ground elevations of 46 to 53 feet, the City's 19-72 Agenda Item I Newport Beach Noise Related Amendments August 17, 2023 Page 4 existing maximum building heights for these sites would not penetrate the Obstruction Imaginary Surfaces (see Attachment 5 for the City's existing height limits). The City has indicated that proposals for changes to the existing height limits may be considered in the future but that "in no event will the City's rezoned height limits be inconsistent with the parameters outlined in Subsection 3.2.6 (Height Restriction Zone) of the AELUP and FAA standards. In addition, future comprehensive updates to the Land Use Element and rezoning will be subject to fixture Airport Land t:'se Commission (ALUC) review, consistent with Public Utilities Code Section 21676. " Regarding Flight Tracks and Safety Zones: The Housing Element identified 58 new housing sites within Safety Zone 6-Traffic Pattern Zone, and four sites within Safety Zone 4-Outer Approach. -Departure Zone, including parcels in the Santa Ana Heights area (see Attachment 6). Many of the sites located in Safety Zones 4 and 6 are also located in the 65 d13 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. Attachment 7 illustrates flight tracks provided by the John Wayne Airport Noise Office for three separate days in April and in July of 2023. As shown on the exhibits, there are numerous flights over the new housing sites in the Airport Area, with a concentration of flights over the primary approach corridor and sites east of the airport within Safety Zone 6 and the transitional surface for JWA. The location and number of residential sites within Safety Zones 4 and 6, with some directly under the flight path of commercial and general aviation flights, suggests that the residential land uses would be incompatible with the operations at JWA and subject future residents to excessive noise and safety risks. Regarding Heliports: No heliports are proposed as part of the Noise -Related Amendments, therefore, consistency with the AELUP for Heliports was not evaluated. Environmental Compliance A Notice of Preparation (NOP) for a Program Environmental Impact Report (PEIR) was issued in August 2021 for the Draft Housing Element Update. ALUC staff provided comments on the NOP on September 9, 2021. When the City overruled ALUC in February 2022, it concluded that CEQA did not apply to the Housing Element Update. On June 27, 2023, the City issued a new NOP for a Program EIR to evaluate the potential environmental effects of the implementing actions associated with the adopted Housing Element. On August 9, 2023, ALUC staff resubmitted our previous comment letter to the City (Attachment 8). Although a CEQA finding is not required for purposes of making a consistency determination, the City's reliance on FEIR 617 is misplaced because EIR 617 did not provide an analysis of the potentially significant impacts of placing future residential uses within the 65 d13 CNEL contour. At that time, the City's policies did not allow residential uses within the 65 d13 CNEL contour and none were proposed. Further CEQA environmental review will be required. 19-73 Agenda Item 1 Newport Beach Noise Related Amendments August 17, 2023 Page 5 Conclusion Attachment 9 to this report contains the complete submittal package received from the City of Newport Beach. The final adopted and certified 2021-2029 Housing Element is available on the City's website at: https:...-..-'www.newportbeachca.gov/PLN.-'Housing Element _Update..HE_FinalDraft_09012022-Fin al°-o206th%20Cycle%20Housin%20Element%20(September°o202022).pdf And the Newport Place and the Newport Airport Village Planned Communities can be found at: httrs:-iwww.newportbeachca.govlgovemmentldepartmentslcommunity-developmentlplannin division/general-plan-codes-and-regulations planned -communities ALUC staff has reviewed the Housing Element Implementation Noise -Related Amendments, including amendments to the Land Use Element, Noise Element, Newport Place Planned Community, Newport Airport Village Planned Community and the Zoning Code, for compliance with the AELUP, for John Waynr Airport (JWA), specifically for noise, safety and overflight. The recommendation below is based on the elimination of residential land use restrictions within the 65 dB CNEL, and the location of these sites within the Safety Zones and under the approach/departure surface for JWA. Recommendation: That the Commission find the proposed Newport Beach Land Use Element, Noise Element, Newport Place Planned Community, Newport Airport Village Planned Community and the Zoning Code (Housing Element Implementation/Noise-Related Amendments) inconsistent with the AEL UP for JWA per: 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." 19-74 Agenda Item 1 - - Newport Beach Noise Related Amendments August 17, 2023 Page 6 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..." Respectfully submitted, U. Lea U. Choum Executive Officer Attachments: 1. Newport Beach Housing Element Sites with Adopted AELUP Noise Contours 2. Comparison of 2014 and AELUP Noise Contours 3. Newport Beach Housing Element Sites with Proposed 2014 Contours 4. Overview Map of Obstruction Imaginary Surfaces and Notification Surface 5. Newport Beach Height Limits 6. Parcels in Safety Zones 7. Flight Track Exhibits 8. ALUC Letter regarding NOP for Housing Element [Update 9. City of Newport Beach Submittal Package 19-75 Planning Commission, August 3, 2023 Housing Element Implementation, Noise -Related Amendments (PA2022-0201) Page 2 EXISTING JWA NOISE CONTOURS and NEW HOUSING SITES f - r # f rr 1 r f r' 6 11 7446 f EL dNEL f NewportAirport i-1 ., Village PC f I r • � r� � 4S /f r� rx o � / 4 Newport Place PC W WLegend at Cky Boundary -.. - �z4' ATTACHMENT 1 19-76 r 4 F Baker br, w { • / ] h�/Ulhartscltw, � I-'� � ,4 i� � i.' 4 ♦ 1 .lil.a .Ilad • i 4'�''� 4 wlaul�wwr+•� �. } R �. ki.ti •'�41AAeltrol VIOL ,44 KII 1rf f)IL* •li�liiJViikF s �.. 'fJ' �cat•rr aircatl . � = VON 44 st AAF Of IN . ..�� ►►d► i r �� r1ti ti♦��i�:f�tir\ � �l�{a� �• t� . �C + tt ��aF,� #. ® • �z� i h . �, ail 1' . i�' $J `S�♦a rLegend ti�����1��a r��1i��h 1}�t<! � 1 � • � �i,4.,' '# k• � �'� '. 4° 1985 Master Plan Noise Contours 1 �lir`-/ \l� ♦. � •''r "y v/�##A4 '- "k\��\ ��J•'1i�` ���V, �♦\♦ hA4',� L• 'n ; tI b h t , 4Existing Noise Con tours •�t� �� • 1 CNEL Land Use MF Residential Place of Worship fit 'i J \ 1 i JIY , fSfi` J+-- ra.7 rl•,�*y~ .� w yy�s 5 �. 9 �� ��S rA�; w "r t.�yro;e•44 ��*•.��`�~��y,� ''c�' lA. � � Planning Commission, August 3, 2023 Housing Element Implementation, Noise -Related Amendments (PA2022-0201) Page 3 PROPOSED JWA NOISE CONTOURS and HOUSING SITES I 6 7X I00 75 dB CNEL 65 dB 70 dB CNEL CNEL JSrDR� + 60 OB C EL Newport Airport Village PC /A6 •A � J Newport Place PC Legend CNEL 60 CNEL 65 CNEL 70 CNEL 75 Opp. Housing Sites c City Boundary ATTACHMENT 3 i� 19-78 1 tom,N13 IMP Inn 17-r A� 10 v V.t q I ir -A= if IV f. irf Ar .,AFJII -milt -.1 Pliki ppppl MR OR L ur Jim ......... .. nt 67, M 4 F P" AIF, ME All In I IN i _ L r. x _ Newport Airport - Village PC �. k•4 I f xt ip � k k ` • C `' Z rt/ } . h _ NE A 0. • C. ti' y�i 41 40 yQ� ate' o� . 1, Newport Place BAYVIE-. Op A. . Q 50, APR.• SURF. k� 200UJI_ LU a cli p[ti . p 3 3. Legend JWA Obstruct Imaginary Surfaces ;x "r n �yP.A City Boundary e of �:.;� '.; w.. ,. sr yh, New Housing Sites Housing Sites Inventory PA2022-0201 i JWA Obstruction Imaginary Surface nE r,a.. er:h City of Newport Beach GIS Division (Airport Area) August 24, 2021 PA2C22.0201 Obs$M I-._Alrporr Ar",mad Housing Element Implementation, Noise -Related Amendments (PA2022-0201) Site Location & Maximum Permitted Height Table Site Location Allowed Maximum Building Height Newport Place Planned Community 55 ft' Newport Airport Village Planned Community Planning Area 1 (within 60 dBA noise contour) Planning Area 2 within 65 dBA noise contour 55 ft (Nonresidential)2 85 ft (Residential & Mixed-Use)2 55 ft (Nonresidential)3 Office -Zoned properties on Campus Drive 300 ft (High Rise 4 Golf Course properties on Mesa Dr 18 ft YMCA property on University Dr 37 ft Residential properties on Mesa Dr 35 ft Notes: 1. The height of residential structure can be increased with the approval of a site development review and subject to required findings specified in Section 20.30.060.C.3 of the Newport Beach Zoning Code but shall not penetrate FederalAviation Regulation (FAR) Part 77, Obstruction —Imaginary Surfaces, for John Wayne Airport unless approved by the Airport Land Use Commission (ALUC), shall be in compliance with FAR Part 77. and comply with the requirements of Section 20.30.060.E of the Newport Beach Zoning Code (Airport Environs Land Use Plan for John Wayne Airport and the Airport Land Use Commission Review Requirements). 2. The height of residential or mixed -use structures currently allowed within 60 dBA CNEL contour. 3. The height of nonresidential structures currently allowed within 65 dBA CNEL contour. 4. Allowed per Section 20.30.060.C.2.e (Height Limits and Exceptions) of NBMC. ATTACHMENT 5 19-81 Newport Airport Village PC OV, LAP s V ..4 4 'Q, %11 lb hftk :Park 1P t 40 E A co IQ& L A 1-mv Ch A Pr. Newport Place LA, 41r P A , C �Ayvl 'Ba"aw Park A Legend City Boundary JWA Airport Safety Zones: RW2R20L CLT JWA Airport Safety Zones: RW2L20R New Housing Sites ATTACHMENT 6 Housing Sites Inventory PA2021d of Ne�ort JWA Safety Zones City IS GDivision Beach I A,.,, 21, 2021 JOHN WAYNE AIRPORT ' ORANGE COUNTY John Wayne Airport Access & Noise Office 00 4I,�� I' I . 6 �• "'I rr' r`f .�,.M1� ^, ® // .. . HorvY'•7e - i-`• ff1, •� 14�'' IHaa7 n� r '-I `y - •�4 MAW.. ...�.-. r n � .LL..� � • , / . _ ,� .may . �� i py� : �•�,�` ,'J p4r ti, ?, n`,"�.ange! p f •4F` '`r-'' �4 ,. LP ', r r='A■� !'W +�. L .R • �1.� :�; �{ `ter ,ll�`Ir �I .Ij�.n { ■,,.. �` a�,1 ■s 1 r.". // Il •.�� ) "' ,� {,. �/ ■ L}' GOSSc1lW L1nCr t r;,y, r �l' ••+,{ xi •. l- ��l� `•J t'{ /r ei,s4 C' f 41"► k f • �I DOT Ae7 Not ;,, r` -•r :-. fir+ ,► ' a i:b M1 h ll . .1 AN ",` i i {{firs ';'i y .,'F ( a4 \ •4 y 5 {.x� s % ~ , _ �� �"40 ; _� ��� + 4 _ -- �Y �� ". �j-Y-•� i�, �tii .r'I ..�!.' k' _' �I { }'"f,'! �� c " � '• , i. ' {' i . �•y - r �'- '*'{•.-"_•vim �f- '�.�y � � _ y~\ �_ _} -� \ - •� {' ��+ + ° *�� •t + +fin R7 '� . Jae. `,:�4 ;*.*,Y#tiryxF•� sE F^ + th�V kY', ru'•" ; JOHN WAY NE AIRPORT ORANGE COUNTY John Wayne Airport Access & Noise Office JOHN %VAYNP AIRPORT ORANGE COU'lTY i Vt AAF' F. 4 xl� x YV f i R 1 ;75- OW7 John Wayne Airport Access & Noise Office It. '0 �v q4 J.'e7 bar wk Qw k 4%0 vm.W Irvine rl' Ai 44P cV RSH "I, lljw I.— AV .1:117F e 4 Its '.4 z vl� IN, IL ^NJ 'k 4 k r xi #d.r 11N. v6v, 77 U K T% t! V `Y* N7 Ar?. M,...'- 4, 4': Source: John Wayne AkW, OMO 00itnb� I JOHN WAYNF AIRPORT ;1 ORANGE::OUNTY John Wayne Airport Access & Noise Office N,_ Boomers' livmc � TJ + +� x RANCHO S'4j'' 0=i I, I,N Yi 1,I ;fib ,� l•� - '.5� � ��'' � � . � � l' � ' • ' i\.' �"'� � Wdbalm1R. Ma Regional Perk C E T. EAR.+'yyt-4 JOHN 1VAYNE ,- AIRPORT ORANGE COUNTY . I --, �.,''� r..w•� f. PP sx � +. ��y` .�1 ^V-. r Y,.`. 1 F�.,'�f- -:v��} ���� � lip wig ,�!##c,. ,r .`s4,;�n A�rM� -J/. i .�'r Y"'"�,�ff, �� A( ! Iffl �' `�C �' '',�..-`- f ' •_ �# rlff , .�:�: kiyyi c��h_en�A) i 5 her N. -, VZ 15 f !' X.!f N. `+ Q John Wayne Airport Access & Noise Office Y /it �19 '.. 71 � sl"j At rs 77 Hotei'4IN S- oils Tr}in f� �� JU#Nr-" ej r p 'JOAO + i� .��' ` �It -1.x-. ,' x�! --' '•' �s William R Mason' - t _ 1 n : • \L ' ± Regional Park \ � �\ .y �.''•�• art AFC !'�- - l�t -—�r .3 rt ti . - w.� ,i' -�v �. • �,Q �. U' *;i V E i2-$�f Vill i r. 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'i .i,`'"`�I�. `�• q�� � . p� �,�~'9a.,cR1' .•#�a ' /' , • �,'y'. 1 ,r ,�✓✓'�'.4C isa 61�-,- J� iI► ` Boom':rs!J1n � nr,. ,/► i ���� x^ � � r4 �•/ �,�/ i r � `'�� -,IC iv.,!'' � � �.� ',e ♦y ,�� r,� J i I _� ;� �i J'�- t r' �c�s+:.•.�*r-des;. � / 'i � r� u �5J 1 1 ff '• �jyY �,.r ;- +� ��� to x .,,C LiC�r.`r�: Y 1 F T,: fr f- :} • �`. f•!''. ,JF, Plr}°'• !?i ] �r�ik i %}7#fj�/cJy ' 7- d 5 ,. •ry_. / _._� .k.+ l f i/'�',FF_�.r{f/'4{��il+}•"f I.I'R'f � m}:' �Q` � '; �� �'F !, 'r.i"' � �;i'. F �a. � ! i f•�7� , �# i �l. /,�L-Ap'111 N-.' +y: +fir' It 1*iRSH v"� . f ?,e i� Aµ! ��i}rl LI, _•.' ;�, RAIvLHt, 5XN" JO -': ,}'_�+. •'+fr �r� *1.,r'r't '*` !* !Y� -~•Y . i�'� ,`�:._* r!+'� +'.� it ..L i �r }>., _ C^\\•�• y �r 7_ . Wrllraml. ' -T +''+/ I 'pis •-r r. a �5 s• 5 , '4i} C \a'•i., �-.i�aO Reg onal Par'` rt. I :� 'may r.+.. •, , 4'1V t + �} ,5 . -y i `'n -.�•�ti., •�!f� �e� -41 V. Source: John Wayne L 1�':'7 # I. l .1, 1ti _ .ark'*s,:J9.�` .'.11,*1+\".1:'=<-,:_;?r.' 4 • Airport,�'!E'::., AIRPORT LAND USE COMMISSION ORANGE COUNTY FOR ORANGE CO LINTY IBM— i-I - SLUG 3160 Airway Avenue • Costa Mesa, California 92626 - 949.2S2.5170 fax: 949.252,6012 August 9, 2023 Ben Zdeba, AICP, Principal Planner Community Development Department City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 Subject: City of Newport Beach NOP Program EIR for Housing Implementation Prog ram Dear Mr. Zdeba Thank you for the opportunity to provide comments on the NOP of a Program Environmental Impact Report (PEIR) for the proposed Housing Implementation Program in the context of the Airport Land Use Commission's (ALUC's) Airport Environs Land Use Plan for John Wayne Airport (AELUP for JIMA). Please accept our September 9, 2021 comment letter that we provided regarding the NOP for the Program EIR for the Housing and Circulation Elements as the ALUC comments on the subject NOP. Thank you! Sincerely, Lea U. Choum Executive Officer Attachment: September 9, 2021 ALUC Letter Regarding NOP PEIR for Housing and Circulation Elements ATTACHMENT 8 19-89 AIRPORT LAND USE COMMISSION FOR ORANGE COUNTY 3160 Airway Avenue • Costa Mesa, California 92626 * 949.252.5170 fax: 949.252.6012 September 9, 2021 Ben Zdeba, Senior Planner Community Development Department City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 Subject: City of Newport Beach NOP of P RI 'fwHo_uussing and Circulation Elements Dear Mr. Zdeba: Thank you for the opportunity to review the Draft Housing Element Update and the Notice of Preparation (NOP) of a Program Environmental ImpactlReport (PEIR) for the proposed,Housing,and'Circulabon Element updatesr,in the context of the Airport LanalUse�Commission s Aiiporf Environs land Use PlanlforJohn Wayne Airport (AELUP for JIMA).T w Y The Draft Housing Element includes a site inventory assessment, which identifies sites that can achieve the City's assigned 2021 Regional Housing Needs Allocation (RHNA) for the 2021-2029 planning period. The Draft Element identifies six focus areas for residential development:. . A. • AirportArea—,-- • West Newport Mesa • DoverlWestdfiff • Newport Center • Banning Ranch • Coyote Canyon Of these, the following proposed focus areas fall within the Airport Planning Arem Notification for JWA: Airport Area, DoverAMestcliff, and Newport Center. The Draft Housing Element raises potentially significant land use compatibility impact concerns related to the Airport Area. In light of this area's close proximity to John Wayne Airport (JWA), and its location which is directly under a general aviation, low -altitude, primary flight corridor, the PEIR should specifically address 19-90 ALUC Comments NOP or PEIR for Draft Housing tit Circulation Element 9.3.21 Page 3 the impacts of development of new residential sites in terns of compatibility with the AELUP for JWA. With respect to noise impacts, the Draft Housing Element is proposing to locate numerous residential sites within the 65 dB and 60 dB CNEL contours for JWA. As noted in your submittal to the ALUC, 23 sites are proposed within the 60 dB to 65 dB CNEL contour and 28 sites fall within the 65 dB to 70 dB CNEL contour. The California Airport Noise Regulations (promulgated in accordance with the State Aeronautics Act and set forth in Section 5000 et seq. of the California Code of Regulations, Title 21, Division 2.5, Chapter 6) establish the 65 dB CNEL as a noise impact boundary within which there shall be no incompatible land uses. The PEIR should address impacts related to incompatible development within these contours and address the California; Airport Noise Regulations and ALUC policies contained in the AELUP for JWA. As for homes located within the 60 dB CNEL contour, it is strongly recommended that residential units be limited or excluded from this area unless the sound attenuation provided is sufficient to comply with noise levels identified in the 1985 JWA Master Plan and subsequent Settlement Agreement Amendments. The PEIR also needs to address the noise impacts of airport operations on the proposed sensitive land uses because the impacts would not occur if not for the project. Even with noise attenuation to meet interior noise standards, there would be a land use impact because exterior noise levels for residential uses may not be achieved. The City's submittal to the ALUC states there are are no proposed policies or mitigation measures in the Housing Element to address potential land use incompatibility and noise. Instead, the City relies on its General Plan Noise Element to provide goals and policies in relation to airport noise. As noted in the City's General Plan, locating residential within the 65 dB CNEL noise contour is contrary to the City's current General Plan Land Use and Noise Elements, which contain the following policies: LU S.15.3 Airport Compatibility; Require that all development be constructed in conformance with the height restrictions set forth by Federal Aviation Administration (FAA) Federal Aviation Regulations (FAR) Part 77, Caltrans Division of Aeronautics, and that residential development be located outside of the 65 dB CNEL noise contour specified by the 1985 JWA Master Plan. (Imp 2.1, 3.1, 4.1, 14.3) 19-91 ALUC Comments NOP of PEIR for Draft Housing do Circulation Element 9.3.21 Page 3 Policy N3.2 Residential Development: Require that residential development in the Airport Area be located outside of the 65 dB CNEL noise contour no larger than shown in the 1985 JWA Master Plan and require residential developers to notify prospective purchasers or tenant of aircraft overflight and noise. The City identifies there will be a need to amend the Land Use Element to reflect the sites identified in the Housing Element that are not presently designated for housing development to allow this type of land use. Additionally, Policy N 3.2 is identified as a policy needing to be amended to allow residential uses in the 65 to 70 dB CNEL contour. Until that action is taken and the appropriate mitigation measures to address such a policy change are adopted, the Housing Element would need to be identified as inconsistent with the Land Use and Noise Elements of the General Plan. In addition to noise impacts, it is important that the PEIR address the proposed focus areas that are within the Federal Aviation Regulation (FAR) Part 77 Obstruction Imaginary Surfaces for JWA and those portions located on the AELUP Notification Area for JWA. The environmental document should address these height restrictions relative to both the notification and imaginary surfaces. ALUC staff recommends that policies be established ensuring that the maximum allowable building heights for projects located within the JWA Planning Area do not penetrate the FAA Part 77 Obstruction surfaces for JWA. There are proposed housing opportunity sites in the Airport Area that are located within the approach and transitional obstruction imaginary surfaces for JWA. Housing sites proposed within the Santa Ana Heights Speck Area Plan (SAHSAP) will be situated under the primary approach surface for JWA. The PEIR should emphasize that future residents would be exposed to significant aircraft overflight and single event noise due to the projects location under this surface. In addition, there are new housing sites proposed along Campus Drive directly east of the airport that are located within the transitional surfaces for JWA. This area would also be subject to low4titude general aviation overflight. The PEIR should also discuss safety concerns related to proposing housing sites within the Safety Zones for JWA. The Draft Housing Element identifies housing sites within Safety Zone 6: Traffic Pattern Zone and Safety Zone 4: Outer Approach/Departure Zone. There are new housing sites proposed within SAHSAP that fall within Safety Zone 4. 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. In this zone, aircraft are flying at approximately 1,000 feet above the property and there is a moderate risk level for near -runway accidents. Approaching aircraft are usually at less than traffic pattern altitude in Safety Zone 4. 19-92 ALUC Comments NOP of PCIR for Draft Housing & Circulation Elcment 9.3.21 Page 3 Thank you for the opportunity to comment on this NOP and we look forward to reviewing the PER. Please contact Julie Fitch at (949) 252-5284 or via email at ifitch , ocair.oQm should you require additional information. Sincerely, act, U. cs,.n,'-•. Lea U. Choum Executive Officer 19-93 CITY OF NFIAIDORT BEACH 100 Civic Center Drive Newport Beach, California 92660 949 644-3200 newportbeachca.gov/comm unitydevelopment July 27, 2023 Lea Choum, Planning Manager John Wayne Airport, Orange County 3160 Airway Avenue Costa Mesa. CA 92626 RE- City of Newport Beach Housing Element Implementation — Noise -Related Amendments Dear Ms. Choum, Pursuant to Section 4.3 (Amendments to General Plans and Specific Plans [Zoning)) of the Airport Environs Land Use Plan (AELUP) for John Wayne Airport, the City of Newport Beach (City) requests that the Airport Land Use Commission (ALUC) review the City's proposed noise -related amendments to Land Use Element, Noise Element, Newport Place Planned Community, and Newport Airport Village Planned Community for consistency with the Airport Environs Land Use Plan (AELUP) at its August 17, 2023, meeting. Should you have any questions concerning the preceding information, I can be reached at 949-644- 3208 or via email at run-q.@newportbeachca.gov or in my absence, you may contact Jim Campbell, Deputy Community Development Director at 949-644-3210 or via email at icampbel lt.&newportbeach ca. q ov, Sincerely, Qkit� - os linh Ung FVr�ipal Planner Attachments'. 1. Submittal Forms and Checklists (total of 5) 2. August 3. 2023, Planning Commission Staff Report with Attachments 3. Noise, Height & Safety Consistency 4. Proposed JWA Noise Contours & Housing Sites 5. Obstruction Airport Area Map 6. Safety Zones Map 7. Site Locations &Maximum Height ATTACHMENT 9 Attachment 1 ORAN�. COLNTY AIRPORT LAND USE COMMISSION tavC FOR ORANGE COUNTY SUBMITTAL FORM: GENERAL PLAN LAND USE ELEMENT AMENDMENT 1. Name of City or County: City of Newport Beach Contact Information - Name/Title Rosalinh Ung / Principal Planner Agency: Community Development Department — Planning Division Address: 100 Civic Center Drive, Newport Beach, CA 92660 Phone/email: 949-644-3208; rung@newportbeachca.gov 3. Airport Planning Area(s): z John Wayne Airport ;' ; Fullerton Municipal Airport ("- JFTB - Los Alamitos 4. Item being submitted for review (submit each item separately): General Plan Amendment Name of General Plan Element, Specific Plan or Planned Community: Land Use Element 5. Scheduled date of Planning Commission Public Hearing: 8?3?2-D23 6. Tentative date of City Council/Board of Supervisors Public Hearing: 8/22/2023 7. Requested date of ALUC Review: August 47 (Complete submittals must be received by the first day of the month for the next meeting). 8. Does the item submitted propose a change of land use or heights within the airport Notification/Planning Area*? -D No (skip items # 9-12). E Yes (continue below). 9. Does the item propose a change of land use within the 060 CNEL or IrN.65 CNEL noise contours of the airports)*? Please attach an exhibit showing location(s) of the proposed new uses in relation to noise contours. 10. Are noise policies or mitigation measures identified in the proposed item or elsewhere in the General Plan? U No n Yes - Please attach pages with current (and proposed if applicable) noise policies/mitigation measures highlighted. 11. Does the item submitted propose a change of land use within the Runway Protection Zone (RPZ), Clear Zone (CZ), or Airport Safety Zones of the airport*? E No El Yes - Please attach exhibit showing location(s) of proposed uses. 12. Does the item submitted propose a change of land use within the Obstruction Imaginary Surfaces*? E No �L--- Yes 13. Please indicate current Click or tap here to enter text. and proposed Click or tap here to enter text maximum heights allowed. Continued on next page. 19-95 Page 2 SUBMITTAL CHECKLIST: GENERAL PLAN LAND USE ELEMENT AMENDMENT ® Cover letter on City/County letterhead. ® Completed Submittal Form. ® Link to existing Lana use and proposed Click or cap here to enter text General Plan Element, Specific Plan or Zoning Code for this submittal. ® Attachment showing proposed changes to General Plan Element, Specific Plan or Zoning Code Section(s) with strikethrough/underline. Exhibit showing location(s) of proposed new uses within the Notification Area/Planning Area for airport(s). L Exhibit showing location(s) of proposed new uses in relation to noise contours for airport(s). ❑ Exhibit showing location(s) of proposed new uses in relation to Airport Safety Zones. ❑ Exhibit showing location(s) of proposed new uses in relation to the Obstruction Imaginary Surfaces. ❑ Attachment showing current and proposed noise policies/mitigation measures. ® Explanation of how the General Plan, Specific Plan, or Zoning Code address the AELUP standards for noise impact, safety compatibility, and height restriction zones. Please see the August 3, 2023, Planning Commission Staff Report with Attachments Describe height and density changes in cover letter and attach pages of General Plan, Specific Plan and/or Zoning Code where maximum heights are specified. *For airport planning/notification areas, noise contours, safety zones and obstruction imaginary surfaces see Appendix D of the applicable Airport Environs Land Use Plan (AELUP) at: https://www.ocair.com/about/administration/airport-governance/commissions/airport-land-use- commission/ Noise sensitive uses include but are not limited to community facilities such as: churches, libraries, schools, preschools, day-care centers, hospitals, and nursing/convalescent homes. Mail or Email Submittal Form, Checklist and attachments to: Airport Land Use Commission for Orange County, Attn: Executive Officer, 3160 Airway Avenue, Costa Mesa, CA 92626 / Phone: (949) 252-5170 ALUCinfo@ocaincom U! di 19-96 ORAMOi COUNTY AIRPORT LAND USE COMMISSION .e.Lvc FOR ORANGE COUNTY SUBMITTAL FORM: GENERAL PLAN NOISE ELEMENT AMENDMENT 1. Name of City or County: City of Newport Beach 2. Contact Information - Name/Title Rosalinh Ung / Principal Planner Agency: Community Development Department — Planning Division Address: 100 Civic Center Drive, Newport Beach, CA 92660 Phone/email: 949 644-3208; rung@newportbeachca.gov 3. Airport Planning Area(s): .,� John Wayne Airport ❑ Fullerton Municipal Airport ❑ JFTB - Los Alamitos 4. Item being submitted for review (submit each item separately): General Plan Amendment Name of General Plan Element, Specific Plan or Planned Community: Noise Element 5. Scheduled date of Planning Commission Public Hearing: 8.+3'2023 6. Tentative date of City Council/Board of Supervisors Public Hearing: 8/22/2023 7. Requested date of ALUC Review: August 17 (Complete submittals must be received by the first day of the month for the next meeting). 8. Does the item submitted propose a change of land use or heights within the airport Notification/Planning Area*? J No (skip items # 9-12). ® Yes (continue below). 9. Does the item propose a change of land use within the ❑60 CNEL or ER65 CNEL noise contours of the airport(s)*7 Please attach an exhibit showing location(s) of the proposed new uses in relation to noise contours. 10. Are noise policies or mitigation measures identified in the proposed item or elsewhere in the General Plan? ❑ No m Yes - Please attach pages with current (and proposed if applicable) noise policies/mitigation measures highlighted. 11. Does the item submitted propose a change of land use within the Runway Protection Zone (RPZ), Clear Zone (CZ), or Airport Safety Zones of the airport*? ® No ❑ Yes - Please attach exhibit showing location(s) of proposed uses. 12. Does the item submitted propose a change of land use within the Obstruction Imaginary Surfaces*? ® No ❑ Yes 13. Please indicate current Click or tap here to enter text and proposed Click or tap here to enter text maximum heights allowed. Continued on next page. 19-97 Page 2 SUBMITTAL CHECKLIST: GENERAL PLAN NOISE ELEMENT AMENDMENT ® Cover letter on City/County letterhead. ® Completed Submittal Form. ® Link to existing Noise Element and proposed General Plan Element, Specific Plan or Zoning Code for this submittal. ® Attachment showing proposed changes to General Plan Element, Specific Plan or Zoning Code Section(s) with strikethrough/underline. ❑ Exhibit showing location(s) of proposed new uses within the Notification Area/Planning Area for airport(s). ❑ Exhibit showing location(s) of proposed new uses in relation to noise contours for airport(s). ❑ Exhibit showing location(s) of proposed new uses in relation to Airport Safety Zones. ❑ Exhibit showing location(s) of proposed new uses in relation to the Obstruction Imaginary Surfaces. ❑ Attachment showing current and proposed noise policies/mitigation measures. ® Explanation of how the General Plan, Specific Plan, or Zoning Code address the AELUP standards for noise impact, safety compatibility, and height restriction zones. Please see the August 3, 2023, Planning Commission Staff Report with Attachments :J Describe height and density changes in cover letter and attach pages of General Plan, Specific Plan and/or Zoning Code where maximum heights are specified. *For airport planning/notification areas, noise contours, safety zones and obstruction imaginary surfaces see Appendix D of the applicable Airport Environs Land Use Plan (AELUP) at: https:l/www.ocair.com/about/administration/airport-frovernance/commissions/airport-land-use.. commission/ Noise sensitive uses include but are not limited to community facilities such as: churches, libraries, schools, preschools, day-care centers, hospitals, and nursing/convalescent homes. Mail or Email Submittal Form, Checklist and attachments to: Airport Land Use Commission for Orange County, Attn: Executive Officer, 3160 Airway Avenue, Costa Mesa, CA 92626 / Phone: (949) 252-5170 ALUCinfo@ocoincom of a k 19-98 ORANOGOVNYY AIRPORT LAND USE COMMISSION Ax.vc FOR ORANGE COUNTY SUBMITTAL FORM: TITLE ZO (PLANNING & ZONING) CODE AMENDMENT 1. Name of City or County: City of Newport Beach Contact Information - Name/Title Rosalinh Ung / Principal Planner Agency: Community Development Department — Planning Division Address: 100 Civic Center Drive, Newport Beach, CA 92660 Phone/email: 949-644-3208; rung@newportbeachca.gov Airport Planning Area(s): 0 John Wayne Airport D Fullerton Municipal Airport C JFTB - Los Alamitos 4. Item being submitted for review (submit each item separately): zoning Code Amendment Name of General Plan Element, Specific Plan or Planned Community: Title 20 (Planning & zoning) Code Amendment 5. Scheduled date of Planning Commission Public Hearing: 81312023 6. Tentative date of City Council/Board of Supervisors Public Hearing: 8/22/2023 7. Requested date of ALUC Review: August 17 (Complete submittals must be received by the first day of the month for the next meeting). 8. Does the item submitted propose a change of land use or heights within the airport Notification/Planning Area*? ❑ No (skip items # 9-12). Z Yes (continue below). 9. Does the item propose a change of land use within the 060 CNEL or 065 CNEL noise contours of the airport(s)*? Please attach an exhibit showing location(s) of the proposed new uses in relation to noise contours. 10. Are noise policies or mitigation measures identified in the proposed item or elsewhere in the General Plan? ❑ No ® Yes - Please attach pages with current (and proposed if applicable) noise policies/mitigation measures highlighted. 11. Does the item submitted propose a change of land use within the Runway Protection Zone (RPZ), Clear Zone (CZ), or Airport Safety Zones of the airport*? Z No ❑ Yes - Please attach exhibit showing location(s) of proposed uses. 12. Does the item submitted propose a change of land use within the Obstruction Imaginary Surfaces*? Z No ❑ Yes 13. Please indicate current Click or tap here to enter text, and proposed Click or tap here to enter text. maximum heights allowed. Continued on next page. 19-99 Page 2 SUBMITTAL CHECKLIST: TITLE 20 (PLANNING & ZONING) CODE AMENDMENT ® Cover letter on City/County letterhead. ® Completed Submittal Form. ® Link to existing Title_20 Planning & Zoning and proposed Click or tap here to enter text General Plan Element, Specific Plan or Zoning Code for this submittal. ® Attachment showing proposed changes to General Plan Element, Specific Plan or Zoning Code Section(s) with strikethrough/underline. ❑ Exhibit showing location(s) of proposed new uses within the Notification Area/Planning Area for airport(s). ❑ Exhibit showing location(s) of proposed new uses in relation to noise contours for airport(s). ❑ Exhibit showing location(s) of proposed new uses in relation to Airport Safety Zones. ❑ Exhibit showing location(s) of proposed new uses in relation to the Obstruction Imaginary Surfaces. ❑ Attachment showing current and proposed noise policies/mitigation measures. ® Explanation of how the General Plan, Specific Plan, or Zoning Code address the AELUP standards for noise impact, safety compatibility, and height restriction zones. Please see the August 3, 2023, Planning Commission Staff Report with Attachments t7 Describe height and density changes in cover letter and attach pages of General Plan, Specific Plan and/or Zoning Code where maximum heights are specified. *For airport planning/notification areas, noise contours, safety zones and obstruction imaginary surfaces see Appendix D of the applicable Airport Environs Land Use Plan (AELUP) at: https:,Uwww.ocair.com/about/administration/airport-governance/commissions/airport-land-use- commission/ Noise sensitive uses include but are not limited to community facilities such as: churches, libraries, schools, preschools, day-care centers, hospitals, and nursing/convalescent homes. Mail or Email Submittal Form, Checklist and attachments to: Airport Land Use Commission for Orange County, Attn: Executive Officer, 3160 Airway Avenue, Costa Mesa, CA 92626 / Phone: (949) 252-5170 ALUCinfo@ocair.com 19-100 O;; COVMiY AIRPORT LAND USE COMMISSION ALUC FOR ORANGE COUNTY SUBMITTAL FORM: NEWPORT AIRPORT VILLAGE PLANNED COMMUNITY AMENDMENT 1. Name of City or County: City of Newport Beach 2. Contact Information - Name/Title Rosalinh Ung / Principal Planner Agency: Community Development Department — Planning Division Address: 100 Civic Center Drive, Newport Beach, CA 92660 Phone/email: 949-644-3208; rung@newportbeachca.gov 3. Airport Planning Area(s): } John Wayne Airport 1 Fullerton Municipal Airport ❑ JFTB - Los Alamitos 4. Item being submitted for review (submit each item separately): Planned Community Name of General Plan Element, Specific Plan or Planned Community: Newport Airport Village Planned Community Amendment 5. Scheduled date of Planning Commission Public Hearing: W12023 6. Tentative date of City Council/Board of Supervisors Public Hearing: 8/22/2023 7. Requested date of ALUC Review: August 17 (Complete submittals must be received by theFrst day of the month for the next meeting). 8. Does the item submitted propose a change of land use or heights within the airport Notification/Planning Area*? ❑ No (skip items # 9-12). ® Yes (continue below). 9. Does the item propose a change of land use within the 060 CNEL or 965 CNEL noise contours of the airports)*? Please attach an exhibit showing location(s) of the proposed new uses in relation to noise contours. 10. Are noise policies or mitigation measures identified in the proposed item or elsewhere in the General Plan? ❑ No ® Yes - Please attach pages with current (and proposed if applicable) noise policies/mitigation measures highlighted. 11. Does the item submitted propose a change of land use within the Runway Protection Zone (RPZ), Clear Zone (CZ), or Airport Safety Zones of the airport*? ® No ❑ Yes - Please attach exhibit showing location(s) of proposed uses. 12. Does the item submitted propose a change of land use within the Obstruction Imaginary Surfaces*? ® No ❑ Yes 13. Please Indicate current Click or tap here to enter text. and proposed Click or tap here to enter text maximum heights allowed. Continued on next page 19-101 Page 2 SUBMITTAL CHECKLIST: NEWPORT AIRPORT VILLAGE PLANNED COMMUNITY AMENDMENT ® Cover letter on City/County letterhead. ® Completed Submittal Form. ® Link to existing Newport Airport Village Planned Community and proposed General Plan Element, Specific Plan or Zoning Code for this submittal. ® Attachment showing proposed changes to General Plan Element, Specific Plan or Zoning Code Section(s) with strikethrough/underline. ❑ Exhibit showing location(s) of proposed new uses within the Notification Area/Planning Area for airport(s). ❑ Exhibit showing location(s) of proposed new uses in relation to noise contours for airport(s). ❑ Exhibit showing location(s) of proposed new uses in relation to Airport Safety Zones. ❑ Exhibit showing location(s) of proposed new uses in relation to the Obstruction Imaginary Surfaces. ❑ Attachment showing current and proposed noise policies/mitigation measures. ® Explanation of how the General Plan, Specific Plan, or Zoning Code address the AELUP standards for noise impact, safety compatibility, and height restriction zones. Please see the August 3, 2023, Planning Commission Staff Report with Attachments Describe height and density changes in cover letter and attach pages of General Plan, Specific Plan and/or Zoning Code where maximum heights are specified. *For airport planning/notification areas, noise contours, safety zones and obstruction imaginary surfaces see Appendix D of the applicable Airport Environs Land Use Plan (AELUP) at: htt s: www.ocair.com about administration air ort- overnance commissions air ort-land-use- commission/ Noise sensitive uses include but are not limited to community facilities such as: churches, libraries, schools, preschools, day-care centers, hospitals, and nursing/convalescent homes. Mail or Email Submittal Form, Checklist and attachments to: Airport Land Use Commission for Orange County, Attn: Executive Officer, 3160 Airway Avenue, Costa Mesa, CA 92626 / Phone: (949) 252-5170 ALUCinfo@ocair.com .3323 19-102 ORw NOE 00%;WvY AIRPORT LAND USE COMMISSION a.�vc FOR ORANGE COUNTY SUBMITTAL FORM: NEWPORT PLACE PLANNED COMMUNITY AMENDMENT Name of City or County: City of Newport Beach 2. Contact Information - Name/Title Rosalinh Ling / Principal Planner Agency: Community Development Department — Planning Division Address: 100 Civic Center Drive, Newport Beach, CA 92660 Phone/email: 949-644-3208; rung@newportbeachca.gov 3. Airport Planning Area(s): ® John Wayne Airport ❑ Fullerton Municipal Airport ❑ JFTB - Los Alamitos 4. Item being submitted for review (submit each item separately): Punned Community Name of General Plan Element, Specific Plan or Planned Community: Newport Puce Planned Community Amendment 5. Scheduled date of Planning Commission Public Hearing: 8r3?2023 6. Tentative date of City Council/Board of Supervisors Public Hearing: 8/22/2023 7. Requested date of ALUC Review: August 17 (Complete submittols must be received by the first day of the month for the next meeting). 8. Does the item submitted propose a change of land use or heights within the airport Notification/Planning Area*? ❑ No (skip items # 9-12). N Yes (continue below). 9. Does the item propose a change of land use within the 060 CNEL or E65 CNEL noise contours of the airports)*? Please attach an exhibit showing location(s) of the proposed new uses in relation to noise contours. 10. Are noise policies or mitigation measures identified in the proposed item or elsewhere in the General Plan? ❑ No ® Yes - Please attach pages with current (and proposed if applicable) noise policies/mitigation measures highlighted. 11. Does the item submitted propose a change of land use within the Runway Protection Zone (RPZ), Clear Zone (CZ), or Airport Safety Zones of the airport*? N No ❑ Yes - Please attach exhibit showing location(s) of proposed uses. 12. Does the item submitted propose a change of land use within the Obstruction Imaginary Surfaces*? N No ❑ Yes 13. Please indicate current Click or tap here to enter text. and proposed Click or tap mere to enter text. maximum heights allowed. Continued on next page 19-103 Page 2 SUBMITTAL CHECKLIST: NEWPORT PLACE PLANNED COMMUNITY AMENDMENT ® Cover letter on City/County letterhead. ® Completed Submittal Form. ® Link to existing Newport Place Planned Community and proposed General Plan Element, Specific Plan or Zoning Code for this submittal. ® Attachment showing proposed changes to General Plan Element, Specific Plan or Zoning Code Section(s) with strikethrough/underline. ❑ Exhibit showing location(s) of proposed new uses within the Notification Area/Planning Area for airport(s). Cl Exhibit showing location(s) of proposed new uses in relation to noise contours for airport(s). ❑ Exhibit showing location(s) of proposed new uses in relation to Airport Safety Zones. ❑ Exhibit showing location(s) of proposed new uses in relation to the Obstruction Imaginary Surfaces. ❑ Attachment showing current and proposed noise policies/mitigation measures. ® Explanation of how the General Plan, Specific Plan, or Zoning Code address the AELUP standards for noise impact, safety compatibility, and height restriction zones. Please see the August 3, 2023, Planning Commission Staff Report with Attachments ❑ Describe height and density changes in cover letter and attach pages of General Plan, Specific Plan and/or Zoning Code where maximum heights are specified. *For airport planning/notification areas, noise contours, safety zones and obstruction imaginary surfaces see Appendix D of the applicable Airport Environs Land Use Plan (AELUP) at: https:/lwww.ocair.com/about/administration/airport-,governance/commissions/airport-land-use- commission/ Noise sensitive uses include but are not limited to community facilities such as: churches, libraries, schools, preschools, day-care centers, hospitals, and nursing/convalescent homes. Mail or Email Submittal Form, Checklist and attachments to: Airport Land Use Commission for Orange County, Attn: Executive Officer, 3160 Airway Avenue, Costa Mesa, CA 92626 / Phone: (949) 252-5170 ALUCinfo@ocaincom 03 ]3 19-104 Attachment 2 POR e CITY OF NEWPORT BEACH n'. PLANNING COMMISSION STAFF REPORT u r August 3, 2023 c4c,eoRNT Agenda Item No. 4 SUBJECT: Housing Element Implementation, Noise -Related Amendments (PA2022-0201) ■ General Plan Land Use Element Amendment ■ General Plan Noise Element Amendment ■ Title 20 Planning and Zoning Code Amendment ■ Newport Place Planned Community Amendment ■ Newport Airport Village Planned Community Amendment SITE LOCATION: Various sites in the Newport Beach Airport Area PROPONENT: City of Newport Beach PLANNER: Rosalinh Ung, Principal Planner 949-644-3208 or rung@newportbeachca.gov PROJECT SUMMARY Amendments to Newport Beach General Plan Land Use and Noise Elements, Title 20 (Planning and Zoning) of the Newport Beach Municipal Code, Newport Place Planned Community (PC-11), and Newport Airport Village Planned Community (PC-60) (Amendments) to accommodate housing units identified by the certified 2021-2029 Sixth Cycle General Plan Housing Element. RECOMMENDATION 1) Conduct a public hearing; 2) Find the proposed amendments are exempt and not subject to further environmental review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15183 because the amendments would not allow development of greater intensity than is allowed under the 2006 General Plan, including the Newport Airport Village Planned Community, as amended. The updated contours, and impacts associated therewith, were also fully analyzed in the 2014 John Wayne Airport Settlement Agreement Amendment Environmental Impact Report (EIR No. 617); and 3) Adopt Resolution No. PC2023-015 recommending approval of the Housing Element Implementation, Noise -Related Amendments to the City Council (PA2022-0201) (Attachment No. PC 1). 19-105 19-106 Planning Commission, August 3, 2023 Housing Element Implementation, Noise -Related Amendments (PA2022-0201) Page 2 EXISTING JWA NOISE CONTOURS and NEW HOUSING SITES ,. +0 f �• } 74tiB PNEL 4 NEL of Newport Airport Village PC lip Id" r r{ I o ne i,ue FW i 4L ,f 4- Newport Place PC Legend ^; — — City Boundary New Housing Sites f 75 dB CNEL } _ 70 dB CNEL 65 dB CNEL 1 60 dB CNEL 19-107 Planning Commission, August 3, 2023 Housing Element Implementation, Noise -Related Amendments (PA2022-0201) Page 3 PROPOSED JWA NOISE CONTOURS and HOUSING SITES 75 dB CNEL 6009 CNEL k 65 dB 70 dB CNEL CNEL Newport Airport R• Village PC 19 ;JJ Newport Place PC /sr SAYV4E� �� a f a Legend =-•a � CNEL 60 w CNEL 65 { M CNEL 70 o CNEL 75 v Opp. Housing Sites City Boundary 19-108 Planning Commission, August 3, 2023 Housing Element Implementation, Noise -Related Amendments (PA2022-0201) Page 4 INTRODUCTION Background On September 13, 2022, the City Council adopted the 2021-2029 City of Newport Beach Housing Element (Housing Element). On October 5, 2022, the State Department of Housing and Community Development (HCD) certified the Housing Element as substantially compliant with State housing laws. The Housing Element provides a comprehensive set of housing goals and policies, as well as an inventory of potential candidate housing sites by income category to meet the City's Sixth Cycle RHNA allocation, Several of the sites identified are proximate to John Wayne Airport within the existing 65 dBA Community Noise Equivalent Level (CNEL) noise contour area. Currently, there are City policies and regulations related to noise that prohibit residential uses in this area. The opportunity sites are necessary allowing the City to meet the City's RHNA allocation obligation. As a result, these policies and regulations must be updated to eliminate the prohibition. The Airport Area Environs (Airport Area) is one of the five focus areas where new housing opportunity sites are identified to satisfy the RHNA allocation: West Newport Mesa, Dove r-Westcl iff/M a ri ne r's Mile, Newport Center, Coyote Canyon, and the 51h Cycle sites. The Airport Area includes 62 new housing opportunity sites that could accommodate up to 2,577 housing units. This comprises approximately 25 percent of the total housing units identified in the various focus areas identified in the Housing Element. When the Housing Element was being drafted, the Airport Land Use Commission (ALUC) reviewed these sites and found the entire draft Housing Element inconsistent with the Airport Environs Land Use Plan (AELUP). Ultimately, the City Council overrode their determination consistent with State law and adopted the Housing Element with these sites included. Previous Noise Amendments Request The proposed amendments were initially scheduled to be heard back on April 6, 2023; however, the Commission could not consider the amendments due to a lack of a quorum. Subsequently, staff reexamined the proposed amendments and the goals of the Housing Element, and the initial draft described in the April report has been dropped. Revised Noise Amendments Staff has since had additional time to consider the appropriate CNEL noise contour areas to advance the policies and goals of the Sixth Cycle Housing Element. Staff determined that the existing CNEL noise contours adopted in the 2006 Noise Element were based on £:� 19-109 Planning Commission, August 3, 2023 Housing Element Implementation, Noise -Related Amendments (PA2022-0201) Page 5 the 1985 AELUP Master Plan, specifically Noise Element Figures N4 and N5, and now are outdated and in need of updating. Staff then examined the County of Orange prepared EIR No. 617 as it relates to the 2014 John Wayne Airport Settlement Agreement Amendment. In May 2014, the County of Orange prepared EIR No. 617, with the City as the responsible agency. After EIR 617 was certified by the County, the city was a co -signatory to the executed Settlement Agreement Amendment. The Noise Chapter of EIR No. 617 explained how the dBA CNEL noise contours have reduced in size compared to the 1985 AELUP Master Plan CNEL noise contours, in which the City's General Plan policies and maps are based on. The 1985 Master Plan noise contours are considerably larger than the existing noise contours presented previously. This is largely due to a quieter fleet of existing commercial aircraft and a dramatic reduction in the number of generation aviation operations. The noise contours in EIR No. 617 are based on more contemporary noise modeling programs, as the EIR explained that "one of the most important factors in generating accurate noise contours is the collection of accurate operational data". Airport noise contours generated in this noise study using the INM Version 7.Od which was released for use in May 2013, and is the state -of -art in airport noise modeling. The Amendments are required to further the goals, policies, and programs of the Sixth Cycle Housing Element, and replace the currently outdated CNEL noise contour boundaries in the City's General Plan and PCs' zoning texts with a more updated CNEL contour boundary based on updated operations at JWA, technological advancements in aviation technology, and updated noise modeling data. In summary, staff is proposing to revise the proposed amendments as follows: • Adopting updated noise contours (Noise Element Figures N4 and N5) to reflect the noise contours identified by the 2014 John Wayne Airport Settlement Agreement Amendment Environmental Impact Report No. 617 (EIR No. 617), Updating Land Use and Noise Element Policies, Land Use Element Figures LU11, LU22, and LU23, Title 20, PC-11, and PC-60 to modify and incorporate the updated noise contours identified by EIR No. 617 and to implement additional noise attenuation measures for future housing units proximate to John Wayne Airport; and • Allowing residential units identified by the certified 2021-2029 Sixth Cycle Newport Beach Housing Element to be located within the 65 dBA CNEL noise contour area as identified in the updated noise contour maps analyzed in EIR No. 617. Parcels bisected by the updated 65 dBA CNEL noise contour could support future housing; whereas parcels located wholly within the updated 65 dBA CNEL noise contour 19-110 Planning Commission, August 3, 2023 Housing Element Implementation, Noise -Related Amendments (PA2022-0201) Page 6 could support housing, if deemed necessary to satisfy the Regional Housing Needs Assessment (RHNA) mandate. The following specific policies, maps, and regulations are proposed to be changed: Land Use Element: • Policy LU6.15.3 (Airport Compatibility) • Figure LU11 — Statistical Areas J6, L4 (removal of the outdated 65 dBA CNEL noise contour line), • Figure LU22 — Airport (removal of the outdated noise contour line), and • Figure LU23 - Airport Area Residential Villages Illustrative Concept Diagram (removal of the outdated noise contour line) Noise Element: • Policy N1.2 (Noise Exposure Verification for New Development) • Policy N1.5.A (Airport Area Infill Projects (new policy for Airport Area) • Policy N2.2 (Design of Sensitive Land Uses) • Policy N3.2 (Residential Development) • Figure N4 - Future Noise Contours (update JWA noise contours) and • Figure N5 - Future Noise Contours (update JWA noise contours) Title 20 Zoning Code Amendment: • Section 20.30.080(F) (Noise -Airport Environs Land Use Plan) Planned Community Text Amendments: • Newport Place Planned Community (PC-11) — Part III. Residential Overlay Zone, Section V.D.1 (Airport Noise Compatibility) • Newport Airport Village Planned Community (PC-60) —Sections LD (Purpose and Objective), & ILA & B (Permitted & Prohibited Uses) The precise changes are included in the draft resolution as Attachment No. PC 1. Updated Land Use Element Figures LU 11, LU22, and LU22 and Noise Element Figures N4 and N5 are also referenced and included in the draft resolution. DISCUSSION Analysis General Plan Amendment The amendments are required to further the goals, policies, and programs of the Sixth Cycle Housing Element, and replace the currently outdated CNEL noise contours adopted and referenced in the Land Use and Noise Elements, Title 20, and Planned Communities with updated CNEL contours analyzed in EIR No. 617. The amendments would modify 199 19-111 Planning Commission, August 3, 2023 Housing Element Implementation, Noise -Related Amendments (PA2022-0201) Page 7 the General Plan Policies in the Land Use Element and Noise Element for consistency with the Housing Element. The proposed changes include all noise -related policies and referenced figures listed above for the Airport Area. The proposed amendments would be consistent with the following Housing Element Policies and Policy Actions: • Housing Policy 1.1 (Identify a variety of sites to accommodate housing growth need by income categories to serve the needs of the entire community.); • Housing Policy 4.2 (Enable construction of new housing units sufficient to meet City qualified goals by identifying adequate sites for their construction.); and • Policy Action 4.1 (Airport Environs Sub Area Environmental Constraints) The amendments to the Noise Element and Land Use Element would be a step in the implementation of the Sixth Cycle Housing Element. As mentioned above, a total of 62 new housing opportunity sites are identified in the Airport Area according to the Sixth Cycle Housing Element. Of those sites, 48 are located wholly or partially outside the 65 dBA CNEL contour boundary as identified in the proposed noise contour map above. Only 14 new housing opportunity sites are located wholly within the updated 65 dBA CNEL contour boundary. By updating the General Plan Land Element and Noise Element policies that prohibit residential uses with the outdated, 1985 65 dBA CNEL contour, the Amendments will advance the Sixth Cycle Housing Element's goal of accommodating at least 2,577 housing units in a variety of income levels in the Airport Area. Additionally, by providing uniform and concise conditions of approval identified in the Amendment to Title 20 (Planning and Zoning) of NBMC, the City has taken actions to address potential environmental constraints in the Airport Area and ensure continued feasibility of sites, particularly for lower -income RHNA. Charter 423 Analysis Section 423 of the Charter and Council Policy A-18 (Guidelines for Implementing Charter Section 423) ("Council Policy A-18") require any amendment to the General Plan be reviewed to determine if a vote of the electorate would be required. If a General Plan Amendment (separately or cumulatively with other CPAs within the previous 10 years) generates more than 100 peak hour trips (a.m. or p.m.), adds 40,000 square feet of non- residential floor area, or adds more than 100 dwelling units in a statistical area, a vote of the electorate would be required. The purpose of the Amendments is to eliminate conflicts between the certified Sixth Cycle Housing Element and the City's General Plan Land Use Element and Noise Element (and other ordinances), which prohibit residential development within the outdated 1985 65 r 19-112 Planning Commission, August 3, 2023 Housing Element Implementation, Noise -Related Amendments (PA2022-0201) Page 8 dBA CNEL noise contour area, and to adopt more updated CNEL noise contour areas that are based on updated noise modeling data, airport operations and advances in aviation technology that result in decreased noise levels. As a result, these policies and regulations must be updated to eliminate conflicting policy and regulatory restrictions to provide consistency with the Housing Element. No development would be directly authorized by the amendments to the Noise Element and Land Use Element. As none of the thresholds specified by Charter Section 423 are impacted nor exceeded by the amendments to the Noise Element and Land Use Element, no vote of the electorate is required. Title 20 Planning and Zoning Amendment Section 20.30.080(F) (Noise -Airport Environs Land Use Plan) of the Newport Beach Municipal Code (NBMC) will be updated to allow residential uses, including mixed -use residential in the Airport Area, subject to the conditions below. Residential development would be limited to parcels wholly or partially outside the updated 65 dBA CNEL noise contour, unless and until the City determines, based on substantial evidence, that the sites wholly within such contour area are needed for the City to satisfy its Sixth Cycle RHNA mandate. Non-residential uses would be encouraged on parcels located wholly within the 2014 65 dBA CNEL contour area. 1) Prior to the issuance of any building permits for such development, a noise study shall be prepared by a City -approved, qualified acoustical consultant and submitted to the Community Development Director for approval; 2) All new residential structures or the residential units within a mixed -use development shall be attenuated to provide an interior noise level of 45 dBA CNEL or less; 3) The design of the residential portions of mixed -use projects and residential developments shall have adequate noise attenuation between adjacent uses and units (common floor/ceilings) in accordance with the California Building Code; 4) New mixed -use developments shall incorporate designs with loading areas, parking lots, driveways, trash enclosures, mechanical equipment, and other noise sources away from the residential portion of the development; 5) Use of walls, berms, interior noise insulation, double paned windows, advance insulation systems, or other noise mitigation measures, as deemed appropriate shall be incorporated in the design of new residential to bring interior sound attenuation to 45 dBA CNEL or less; 6) Residential uses shall be indoor -oriented to reduce noise impingement on outdoor living areas; 7) On -site indoor amenities, such as fitness facilities or recreation and entertainment facilities shall be encouraged; and 8) Advanced air filtration systems for buildings shall be considered to promote cleaner air. W 19-113 Planning Commission, August 3, 2023 Housing Element Implementation, Noise -Related Amendments (PA2022-0201) Page 9 Newport Place (PC-11) and Newport Airport Village (PC-60) Planned Community Amendments PC 11 and PC 60 will be revised to allow residential development or mixed -use development on parcels wholly or partially outside the updated 65 dBA CNEL noise contour area, unless and until the City determines that the sites wholly within such contour area are required to meet the City's Sixth Cycle RHNA mandate. Airport Land Use Commission Consistency Determination California Public Utilities Code Section 21676(b) and John Wayne Airport Environs Land Use Plan (AELUP) Section 4.11 require the City to refer the proposed noise amendment to the Airport Land Use Commission (ALUC) for consistency determination with the AELUP due to the proposed amendment to the Land Use and Noise Elements, Zoning Code and Planned Communities. The proposed amendments are scheduled for ALUC consideration at its August 17, 2023, meeting. Environmental Review The Amendments are exempt from CEQA pursuant to CEQA Guidelines section 15183 because they do not change the underlying land use or zoning designations of any specific parcels, including parcels within the Airport Area or within the updated noise contours. The Amendments, therefore, will not result in development of greater intensity than is allowed under the 2006 General Plan and Newport Airport Village Planned Community, as amended. To the extent new parcels can be developed in the future for residential uses, by nature of no longer being located within areas identified as experiencing 65 dB CNEL or greater, those parcels must be part of a specific proposed project for consideration and processing by the City for approval. The Amendments are also exempt because they fall within the scope of analysis contained within EIR 617, prepared, and certified by the County for the 2014 JWA Settlement Agreement Amendment, to which the City is a party. EIR No. 617, fully analyzed impacts on sensitive receptors (including residential uses) in adopting the Settlement Agreement Amendment, including the updated CNEL contour boundaries associated therewith, using both the County and City's thresholds of significance. The City was a responsible agency for EIR No. 617, and co -signatory to the Settlement Agreement Amendment. EIR No. 617 concluded that the Settlement Agreement Amendment (and associated updated CNEL contours) would result in less -than - significant impacts related to noise increases at sensitive receptors, but a significant and unavoidable impact from increasing noise levels at exterior use areas of residences. A Statement of Overriding Considerations was adopted. No lawsuits were filed challenging the adequacy of the EIR. The Amendments are required for the City to officially adopt the latest and most recently analyzed dBA CNEL noise contours, which are based on state-of-the-art noise modeling, 19-114 Planning Commission, August 3, 2023 Housing Element Implementation, Noise -Related Amendments (PA2022-0201) Page 10 current airport activity and operations at JWA, and technological advances in aviation technology that reduce noise levels from aircraft. Because EIR No. 617 analyzed impacts associated with the updated noise contours, the City's adoption of the updated CNEL noise contours is fully within the scope of EIR No. 617, and the 2006 General Plan, as amended. The Amendments, therefore. do not warrant further environmental review under CEQA. Public Notice Given the proposed amendments only involve the properties located in the Airport Area, notice of this hearing was published in the Daily Pilot and mailed to all owners of properties within PC-11 and PC-60 that located within the existing 65 dBA CNEL noise contour at least 10 days before the scheduled meeting, consistent with the provisions of Section 20.66.030(B) of the NBMC. Additionally, the item appeared on the agenda for this meeting, which was posted at City Hall and on the city website. Prepared by: PA " os linh Ung ipal Planner - ATTACHMENTS Submitted by: Jim Campbell Deputy Community Development Director PC 1 Draft Planning Commission Resolution with Proposed Amendments 19-115 19-116 Attachment No. PC 1 Draft Planning Commission Resolution 19-117 .r .4- 19-118 RESOLUTION NO. PC2023-015 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH, CALIFORNIA, RECOMMENDING THE CITY COUNCIL APPROVE AN AMENDMENT TO THE NOISE AND LAND USE ELEMENTS OF THE GENERAL PLAN, TITLE 20 (PLANNING AND ZONING) OF THE NEWPORT BEACH MUNICIPAL CODE, NEWPORT PLACE PLANNED COMMUNITY (PC-11) AND NEWPORT AIRPORT VILLAGE PLANNED COMMUNITY (PC-60) RELATED TO NOISE IN THE AIRPORT AREA IN ORDER TO IMPLEMENT THE SIXTH CYCLE HOUSING ELEMENT (PA2022-0201) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. Section 200 of the City of Newport Beach ("City") Charter vests the City Council with the authority to make and enforce all laws, rules and regulations with respect to municipal affairs subject only to the restrictions and limitations contained in the Charter and the State Constitution, and the power to exercise, or act pursuant to any and all rights, powers, and privileges, or procedures granted or prescribed by any law of the State of California. 2. The Noise Element is one of the mandatory elements of the Newport Beach General Plan and was last updated as part of a comprehensive General Plan Update in 2006. In January 2019, the City Council initiated a comprehensive update of the Newport Beach General Plan. Due to the Regional Housing Needs Assessment ("RHNA") allocation of 4,845 new housing units to plan for the 2021-2029 housing period ("Sixth Cycle Housing Element"), the City Council directed City staff to focus on the Housing Element, Land Use Element, and Circulation Element. The City Council adopted the Sixth Cycle Housing Element on September 13, 2022, and it was certified by the State Department of Housing and Community Development ("HCD") on October 5, 2022. The Land Use Element and other elements of the General Plan are being updated in order to implement the Sixth Cycle Housing Element. 3. The Airport Area Environs ("Airport Area") is one of the five focus areas where new housing opportunity sites are identified to satisfy the RHNA allocation. At least 2,577 housing units are planned for the Airport Area, which comprises approximately 25 percent of the City's planned housing capacity, according to the Sixth Cycle Housing Element. A total of 62 new housing opportunity sites are identified in the Airport Area. Of those sites, 48 are located wholly or partially outside the updated 65 dBA CNEL contour boundary. Only 14 new housing opportunity sites are located wholly within the updated 65 dBA CNEL contour boundary. 4. The Sixth Cycle Housing Element including Appendix B has been subject to extensive public participation. Pursuant to Government Code Section 65351, the City held thirteen community workshops, worked with the Housing Element Update Advisory Committee 19-119 Planning Commission Resolution No. PC2023-015 Page 2 of 29 ("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 Inflll 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 19-120 Planning Commission Resolution No. PC2023-015 Page 3 of 29 Newport Airport Village Planned Community (PC-60) — Section LD (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. 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 ("JWK) 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 19-121 Planning Commission Resolution No. PC2023-015 Page 4 of 29 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: 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 vanety 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. 19-122 Planning Commission Resolution No. PC2023-015 Page 5 of 29 423 Charter Analysis Findincr 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 Plannina 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: Housing Element Policy 4.2. Enable construction of new housing units sufficient to meet City qualified goals by identifying adequate sites for their construction. 19-123 Planning Commission Resolution No. PC2023-015 Page 6 of 29 , Policy Action 4.1 (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 % 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; 19-124 Planning Commission Resolution No. PC2023-015 Page 7 of 29 e. Use of walls, berms, interior noise insulation, double paned windows, advance insulation systems, or other noise mitigation measures, as deemed appropriate shall be incorporated in the design of new residential to bring interior sound attenuation to 45 dBA CNEL or less; 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: 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. 'I 19-125 Planning Commission Resolution No. PC2023-015 Page 8 of 29 SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 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 ("MA") 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. 19-126 Planning Commission Resolution No. PC2023-015 Pale 9 of 29 3. In conformance with City Council Policy K-1, the Planning Commission reviewed and recommended approval of the Amendments to the City Council by the adoption of Resolution No. PC2023-015. PASSED, APPROVED, AND ADOPTED THIS 3rd DAY OFAUGUST, 2023. AYES: NOES: ABSTAIN: ABSENT: l�"� Curtis Ellmore, Chair BY: Tristan Harris, Secretary 19-127 Planning Commission Resolution No. PC2023-015 Page 10 of 29 EXHIBIT "A" Amendment to the 2006 General Plan Land Use Element Airport Area Reference & Page Propose Changes Airport Area Modify the third paragraph on page 3-100 as follows: narrative change Development in the Airport Area is limited wed due to the safety restrictions and noise associated 'impaets ef ANA with Introduction on John Wayne Airport. I nn#e rl ire the 6 re rIQA GNF=I inh in WRA"WIhie FAr PALW Pg 3-100 "RA-0AW " usee 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; I Modify the fourth sentence in first paragraph on page 3-101 as Pg 3-101 follows: Heusing-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 NS 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. 2.4 19-128 Planning Commission Resolution No. PC2023-015 Pia a 11 of 29 Policy LU6.15.3 1 Require that all development be constructed in conformance with the (Airport height restrictions set forth by the Federal Aviation Administration Compatibility); (FAA), Federal Aviation Regulations (FAR) Part 77, and Caltrans Pg 3-101 Division of Aeronautics, and that residential development shall be allowed only on parcels with noise levels of less than lesated Gutside of the -John Wayne Airport 65 dBA CNEL noise contour area as shown in Figure N5 of the Noise Element of the General Plan speGified by the 1985 MA MasteF , unless and until the City determines, based on substantial evidence, that the sites ; wholly within the 65 dBA CNEL noise contour shown in Figure j 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) 19-129 Planning Commission Resolution No. PC2023-015 __. Page 12 of 29 EXHIBIT "B" Amendment to the 2006 General Plan Noise Element Reference & Page I Proposed Changes Narrative -Community i Modify the second full paragraph on page 12-9 as follows: Noise Contours; Pg 12- 9 i 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 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.Od 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: { 19-130 Planning Commission Resolution No. PC2023-015 Page 13 of 29 resid 4ial s and other noioe_s siliye within a 65 rc�cref#irarr�I�eSrrn�a-vrrrcr�-rvrac�eFlvm r�i#seS 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 .ire nllewerd within vv r .AA.Q�T +�nteur that Suffinien4 sa-und nFFena4inn level -all designated outdoor common or recreational areas provide outdoor signage informing the public of the presence of operating aircraft. Policy N1.2 (Noise Applicants for proposed residential or mixed -use projects Exposure Verification that Tpal'ire n- e•ire�nrReaRtal reyie..• and ame located in areas for New Development); projected to be exposed to 65-70 dBA CNEL or greater Pg 12-25 , as shown on Figure N4, Figure N5; and Figure AIR may must conduct a field suFver.� the -Sits} 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) 19-131 Planning Commission Resolution No. PC2023-015 Page 14 of 29 Policy N1.5A (Airport Allow infill residential projects proximate to John Wayne Area Infill Projects) Airport to have a higher exterior noise level standard (65- New Policy 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 Require the use of walls, berms, interior noise insulation, Sensitive Land Uses); double -paned windows, advanced insulation systems, or Pg 12-26 other noise mitigation measures, as appropriate, in the design of new residential developments to attenuate noise levels to not exceed 45 dBA CNEL interior. eF-sOther new noise sensitive land uses that are adjacent to major feads-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 Ake N2 shall govern this requirement. (Imp 7.1) Policy N3.1 (New Ensure new development is compatible with the noise Development); Pg 12- environment 27 , fWtUF8 planning and development de-e-m-MeMs 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 Require that residential development in proximate to John Development); Pg 12- Wayne Airport AFea shall not be located outside on parcels 28 wholly within the John Wayne Airport 65 dBA s-Irilde of "65 d-BA CNEL noise contour shown in Figure N5 of the MA 19-132 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 Rfequire rasidtaRtkal 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) 19-133 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.E (Noise AiFpeFt EnViFOns Land Use PlaF1 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 ERViF^^S Land Use PW . Residential uses, including mixed -use residential, shall be Wayi;e AiFpeFt ( WA) nnac+nr Plan C:F. .IRA ChICI BAnfriMuf allowed on parcels wholly or partially outside the John Wayne Airport 65 dBA CNEL noise contour as shown in Figure N5 of the Noise Element of the General Plan, as identified in the 2014 John Wayne Airport Settlement Agreement Amendment Environmental Impact Report (EIR No. 617) and consistent with Title 21 of the California Code of Regulations, subject to the following conditions that apply to all residential project within the John Wayne Airport 60 dBA CNEL or higher CNEL noise as shown in Figures N4 and N5 of the Noise Element of the General Plan: 1) Prior to the issuance of any building permits for such development, a noise study shall be prepared by a City -approved qualified acoustical consultant and submitted to the Community Development Director for approval; 2) Ali new residential structures or the residential units within a mixed -use development shall be attenuated to provide an interior noise level of45 dBA CNEL or less; 3) The design of the residential portions of mixed -use projects and residential developments shall have adequate noise attenuation between adjacent uses and units (common floor/ceilings) in accordance with the California Building Code; 4) New mixed -use developments shall incorporate designs with loading areas, parking lots, driveways, trash enclosures, mechanical equipment, and other noise sources away from the residential portion of the development; 5) Use of walls, berms, interior noise insulation, double paned windows, advance insulation systems, or other noise mitigation measures, as deemed appropriate shall be incorporated in the design of new residential to bring interior sound attenuation to 45 dBA CNEL or less; 6) Residential uses shall be indoor -oriented to reduce noise impingement on outdoor living areas; 7) On -site indoor amenities, such as fitness facilities or recreation and entertainment facilities shall be encouraged; and 8) Advanced air filtration systems for buildings shall be considered to promote cleaner air. Residential development shall be limited to parcels wholly or partially outside the 65 dBA CNEL noise contour, unless and until the City determines, based on substantial evidence, that the sites wholly within such contour area are needed for the City to satisfy 19-134 Planning Commission Resolution No. PC2023-015 Pao a 17 of 29 its Sixth Cycle RHNA mandate. Non-residential uses are encouraged on parcels located wholly within the 65 dBA CNEL contour area. W 19-135 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 eutside up to , speG 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. 19-136 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 'ire, lar.at d .outside the Iohn th lnyRe AiFp9Ft 65 rIQA f NE 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 } 19-137 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-aea 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 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. 19-138 Planning Commission Resolution No. PC2023-015 Page 21 of 29 EXHIBIT "F" Land Use Element Figure LUI I — Statistical Areas J6, L4 19-139 19-140 Doc -t Name: Lard_Lke_Airper%_Am_Fig.a_W I I_Arhendn a CITY of NEWPORT BEACH GENERALPLAN Figure LU11 STATISTICAL AREAS J6, L4 Residential Neighborhoods lien Single -Unit Residential Detached asA Single-Unl Resgerrhal Atlaclbd ar Two -Unit Reereemial ® MWhple-llnn Rawdennal ® Mrihpl�Unn Resrdaraial Dclached Commercial Districts and Corridors _, Neighborhood Commaroal CC �F ndu GammpGil General cornmerciai - visitor serving C anmercmi - Recreational and Marne rommercal - Regional vommwwl Cornmerclal Office Districts coo Genmatcarn"rcalofhce coarJ Me6ral Grvmmereul t�tkoe ewt� Regional Commercral office Industrial Districts p Industrial Airport Supporting Districts ,ko AvW once lied supportsg uses Mitred 11ss Districts Q Mimed Use Veli cal Mimed Use Har¢areal ® Mged Use Water Related Public, Semi -Public and Institutional re Public, Faelees = Prwate Iwautare -Parks and Recreatwn = open Space n Tdelards and Submerged Lands W Cdy of Newport Beach Bwndary Boundary"a { w �1 Land Use Delineator fine . Refer to anomaly tatie ti M4f- 37 19-141 19-142 Planning Commission Resolution No. PC2023-015 Paue 22 of 29 EXHIBIT "G" Land Use Element Figure LU22 — Airport 19-143 19-144 \G� CO-G %P C JCO MU-H2 etQ 0 B AO -H M O MU-H2 MU-H2 AO ® 9 © p n © PF D � CO-G ' MU F2 i C� AO ® MU-H2 COlam Wl MU-H2 ® I CO-G U+12 LAND USE POLICY A Underly ng Uses Office, Hotel. Supporting Retail - Airport -Supporting Businesses Commercial and Office Residential Village Housing and Mixed -Use (vwth Guidelines for Design and Development) Document Name: Land_Use_Airport_Area_Flgure_LU22 Amendment CITY of NEWPORT BEACH GENERAL PLAN FIGURE LU22 AIRPORT AREA 0 Sub -Area Conceptual © Development Plan Area Land Use Delineator Line lm%,.,rr Highway Refer to anomaly table �71 Feet 0 250 500 loo Source City o1 N#"ortBeach end EIP Aaaoda1n PROJECT NUMBER. 10579-01 41 19-145 _4 Y 19-146 Planning Commission Resolution No. PC2023-015 Page 23 of 29 EXHIBIT "H" Land Use Element Figure LU23 - Airport Area Residential Villages Illustrative Concept Diagram 19-147 4-4 19-148 CAMPY! O.iY6 ' M0 CITY of NEWPORT BEACH GENERALPLAN Figure LU23 AIRPORTAREA RESIDENTIAL VILLAGES ILLUSTRATIVE CONCEPT DIAGRAM 1 Legend OPPORTUNITY SITES PROPOSED OPEN SPACES - IMPROVED RESIDENTIAL STREI PROPOSED RESIDENTIAL STRE PROPOSED PEOESTRIAN WAYS CONCEPTUAL PLAN REQUIRED S.w ROMA Design Grwp PROJECT NUMBER 1057941 D.I.' 0670710E V4 E-1 IIP 1 Document Name- Land_Use Airport_Area_Figure LU23 Amendment 19-149 19-150 Planning Commission Resolution No. PC2023-015 Page 24 of 29 EXHIBIT "I" Noise Element Figures N4 - Future Noise Contours 19-151 19-152 CITY of NEWPORT BEACH GENERALPLAN Figure N4 FUTURE NOISE CONTOURS Roadway Noise Contours 70 CNEL Q 65 CNEL 60 CNEL JWA Noise Contours Q 70 CNEL O 65 CNEL 60 CNEL -- City Boundary John Wayne Airport 7ba mm mnemrt repeunl dle mmumum —,bb ne me. kwh viu br,e.m ..Imm al.m u.., mer d. nw,c[wm[ be ww.{ 0k[.mw1 w D, k ,Wed4 mrllsYde Ilse �'�/.N.eu W N4 fI11g1.yry1, end [.rc,M kl W n11 � mlm[ w1Min. be[.mn tlM —41..d .1 k.— of �waeU. 0 fYa Saatr CJldlaev/�arA fleece OwrA�tlas anu�1�1 VRO.EGi N!!tilEn. 0574-01 f]olr. d*117A6 4LF �-g 19-153 f.. 19-154 Planning Commission Resolution No. PC2023-015 Page 25 of 29 EXHIBIT "J" Noise Element Figure N5 - Future Noise Contours 19-155 19-156 CITY of NEWPORT BEACH GENERAL PLAN Figure N5 FUTURE NOISE CONTOURS Roadway Noise Contours 70 CNEL 65 CNEL 60 CNEL JYYA Noise Contours Q 70 CNEL Q 65 CNEL 60 CNEL ----- City Boundary John Wayne Airport b. wing pl- w v.a. * , br....... —I NDEK P NF.y aqF► PRO.lEGIMII.lER' �06A-0� our ai 7,a6 ;�f r44) 53 19-157 19-158 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 AirportArea 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 projector 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 LL 19-159 Planning Commission Resolution No. PC2023-015 Page 27 of 29 (4) Are previously identified significant effects which, as a result of substantial new information which was not known at the time the EIR was certified, are determined to have a more severe adverse impact than discussed in the prior EIR. (c) If an impact is not peculiar to the parcel or to the project, has been addressed as a significant effect in the prior EIR, or can be substantially mitigated by the imposition of uniformly applied development policies or standards: as contemplated by subdivision (e) below, then an additional EIR need not be prepared for the project solely on the basis of that impact. (d) This section shall apply only to projects which meet the following conditions: (1) The project is consistent with: (A) A community plan adopted as part of a general plan, (B) A zoning action which zoned or designated the parcel on which the project would be located to accommodate a particular density of development, or (C) A general plan of a local agency, and (2) An EIR was certified by the lead agency for the zoning action, the community plan, or the general plan. As part of its decision -making process, the City is required to review and consider whether the Amendments would create new significant impacts or significant impacts that would be substantially more severe than those disclosed in the John Wayne Airport Settlement Agreement Amendment Environmental Impact Report No. 617 (State Clearinghouse No. 2001111135) (EIR No. 617). Additional CEQA review is only triggered if the Amendments create new significant impacts or impacts that are more severe than those disclosed in EIR No. 617 such that major revisions to the EIR would be required. The Amendments provide for updated noise contours as established in EIR No. 617 and revisions to General Plan policies, Title 20 of Newport Beach Municipal Code (NBMC), Newport Place Planned Community (PC-11), and Newport Airport Village Planned Community (PC-60) to allow for consistency between the certified 2021-2029 Sixth Cycle Housing Element and the Newport Beach General Plan and NBMC as it applies to future housing uses near John Wayne Airport. The Amendments are proposed to ensure consistency pursuant to the State Planning and Zoning Law and the City's compliance with its RHNA allocation. Residential and mixed -use (commercial and residential) buildings would be restricted from areas exposed to exterior noise levels of 65 dBA CNEL and higher, based on the dBA CNEL contour boundaries set forth in EIR No. 617 for inclusion as Figure N5 of the Noise Element of the General Plan, unless and until the City determines, based on substantial evidence that the sites wholly within such contour area are needed for the City to satisfy its Sixth Cycle RHNA mandate. The Amendments do not grant any development entitlements or authorize development. 19-160 Planning Commission Resolution No. PC2023-015 Page 28 of 29 The proposed policy changes and NBMC amendments would allow the City to implement housing policies which are in the Sixth Cycle Housing Element. The Sixth Cycle Housing Element was determined to be statutorily exempt under CEQA Guidelines Section 15262 because it does not provide development entitlements to any specific land use projects, nor does it make any changes to the General Plan land use map or modify land use designations, densities, or land use intensities. The policies and program changes are needed for the City's compliance with its RHNA allocation and would not cause a significant effect on the environment or that were previously analyzed adequately in the Newport Beach General Plan Update Program EIR (SCH No. 2006011119) or EIR No. 617. The Noise Chapter of EIR No. 617 explained how the dBA CNEL noise contours have reduced in size compared to the 1985 Airport Environs Land Use Plan (AELUP) Master Plan CNEL noise contours, in which the City's General Plan policies and maps are based on. The 1985 Master Plan noise contours are considerably larger than the existing noise contours presented previously. This is largely due to a quieter fleet of existing commercial aircraft and a dramatic reduction in the number of generation aviation operations. The noise contours in EIR No. 617 are based on more contemporary noise modeling programs, as the EIR explained that "one of the most important factors in generating accurate noise contours is the collection of accurate operational data". Airport noise contours generated in this noise study using the INM Version 7.Od 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 19-161 Planning Commission Resolution No. PC2023-015 Page 29 of 29 exempt from CEQA, all future residential uses affected by the Amendments would continue to be subject to further development review, which can include technical supporting reports. No new information that was not known at the time the General Plan and EIR No. 617 were prepared is now available that demonstrates that the Amendments will result in a new or increased significant impact. The Amendments would not cause growth beyond that accommodated by the General Plan. The Amendments do not introduce new land use designations or otherwise alter general land use patterns or development standards. Therefore, the findings of previously certified EIR No. 617 are applicable to the Amendments. Implementation of the Amendments would not substantially increase the severity of previously identified impacts, including but not limited to air emissions and greenhouse gas emissions. Although the noise contours would be updated, the requirements for compliance with noise standards would not change. In summary, the Amendments would not result in any new significant environmental effects that are substantially different from those identified in EIR No. 617 nor would it substantially increase the severity of significant effects previously identified in EIR No. 617. Therefore, based on the provisions of State CEQA Guidelines Section 15183, no additional CEQA documentation is required. 5 q-- 19-162 City of Newport Beach Housing Element Implementation — Noise -Related Amendments Attachment No. 3 Proposed Noise Amendments The City of Newport Beach is amending the followings 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) to accommodate housing units identified by the certified 2021-2029 Sixth Cycle General Plan Housing Element: • Adopting updated noise contours (shown in Noise Element Figures N4 and N5) to reflect the noise contours identified by the 2014 John Wayne Airport Settlement Agreement Amendment Environmental Impact Report No. 617 (EIR No. 617), • Updating Land Use and Noise Element Policies, Land Use Element Figures LU11, LU22, and LU23, Title 20, PC-11, and PC-60 to modify and incorporate the updated noise contours identified by EIR No. 617 and to implement additional noise attenuation measures for future housing units proximate to John Wayne Airport; and • Allowing residential units identified by the certified 2021-2029 Sixth Cycle Newport Beach Housing Element to be located within the 65 dBA CNEL noise contour area as identified in the updated noise contour maps identified by EIR No. 617. Parcels bisected by the updated 65 dBA CNEL noise contour could support future housing; whereas parcels located wholly within the updated 65 dBA CNEL noise contour could support housing, if deemed necessary to satisfy the Regional Housing Needs Assessment (RHNA) mandate. The following specific policies, maps, and regulations are proposed to be changed: Land Use Element: • Policy LU6.15.3 (Airport Compatibility) • Figure LU11— Statistical Areas J6, L4 (removal of the outdated 65 dBA CNEL noise contour line), • Figure LU22 —Airport (removal of the outdated noise contour line), and • Figure LU23 - Airport Area Residential Villages Illustrative Concept Diagram (removal of the outdated noise contour line) Noise Element: • Policy N1.2 (Noise Exposure Verification for New Development) • Policy N1.5.A (Airport Area Infill Projects (new policy for Airport Area) • Policy N2.2 (Design of Sensitive Land Uses) • Policy N3.2 (Residential Development) • Figure N4 - Future Noise Contours (update JWA noise contours) and • Figure N5 - Future Noise Contours (update JWA noise contours) Title 20 Zoning Code Amendment: • Section 20.30.080(F) (Noise -Airport Environs Land Use Plan) 19-163 City of Newport Beach Housing Element Implementation — Noise -Related Amendments Attachment No. 3 Planned CommunitV Text Amendments: • Newport Place Planned Community (PC-11) — Part III. Residential Overlay Zone, Section V.D.1 (Airport Noise Compatibility) • Newport Airport Village Planned Community (PC-60) —Sections LD (Purpose and Objective), & ILA & B (Permitted & Prohibited Uses) Please refer to the August 3, 2023, Planning Commission Staff Report for detail discussion of the proposed changes. The precise changes are included in the draft resolution as Attachment PC 1(Draft Planning Commission Resolution with Proposed Amendments). Updated Land Use Element Figures LU 11, LU22, and LU22 and Noise Element Figures N4 and N5 are also referenced and included in the draft resolution. Community Noise Equivalent Levels (CNEL) Compatibility A total of 62 new housing opportunity sites are identified in the Airport Area according to the Sixth Cycle Housing Element. Of those sites, 48 are located wholly or partially outside the 65 dBA CNEL contour identified by the 2014John Wayne Airport Settlement Agreement Amendment Environmental Impact Report No. 617 (EIR No. 617). Only 14 new housing opportunity sites are located wholly within the updated 65 dBA CNEL contour boundary. As discussed in AELUP Subsection 3.2.3 (Noise Impact Zone "1" — High Noise Impact [65 dB CNEL and above]) and Subsection 3.2.4 (Noise Impact Zone "2" — Moderate Noise Impact (60 dB CNEL or greater, less than 65 dB CNEL]), residential units may be consistent with proper sound -attenuation and careful design considerations. For any residential sites and uses within Noise Impact Zone "1" or "2," the City requires future development to be consistent with the AELUP considerations and proposed noise -related policies and development standards to ensure compatibility. Table 1 (Airport Land Use Commission for Orange County Airport Environs Land Use Plan Limitations on Land Use Due to Noise) of the AELUP shows all types of residential land uses in this noise area as "Normally Inconsistent" unless sound attenuated to ensure that the interior CNEL does not exceed 45 d8, and that all units are indoor oriented so as to preclude noise impingement on outdoor living areas. This is further explained in Subsection 3.2.3 (Noise Impact Zone "1" — High Noise Impact [65 dB CNEL and above]). The City's proposed changes will help to ensure that appropriate noise considerations are made and that mitigation measures are included in the design. Please see Attachment PC1 of the August 3, Planning Commission Staff Report for the complete list of changes to General Plan policies, zoning codes, and planned communities. 19-164 City of Newport Beach Housing Element Implementation — Noise -Related Amendments Attachment No. 3 TABLE I AIRPORT LAND USE COMMISSION FOR ORANGE COUNTY AIRPORT ENVIRONS LAND USE PLAN LIMITATIONS ON LAND USE DUE TO NOISE (Applicable to Aircraft Noise Sources) COMMUNITY NOISE EQUIVALENT LEVEL, dB 55 60 65 70 75 80 LAND USE CATEGORY Residential (all types): Single and Multi -Family Residences Community Facilities: Churches, Libraries, Schools, Preschools, Day -Care Centers, Hospitals, Nursing/Convalescent Homes, & Other noise sensitive uses Commercial: Retail, Office Industrial: aNORMALLY CONSISTENT Conventional construction methods used. No special noise reduction requirements. CONDITIONALLY CONSISTENT Must use sound attenuation as required by the California Noise Insulation Standards, Title 25, California Code of Regulations. Residential use sound attenuation required to ensure that the interior CNEL does not exceed 45 dB. Commercial and industrial structures shall be sound attenuated to meet Noise Impact zone' I" criteria (refer to Section 3.2.3). aNORMALLY INCONSISTENT All residential units are inconsistent unless am sound attenuated to ensure that the interior CNEL does not exceed 45 dB, and that all units are indoor oriented so as to preclude noise impingement on outdoor living areas. 19-165 City of Newport Beach Housing Element Implementation — Noise -Related Amendments Attachment No. 3 Safety Compatibility As part of the site selection process, the City avoided sites in the following runway safety zones: • Safety Zone 1— Runway Protection Zone "RPZ"; • Safety Zone 2 — Inner Approach/Departure Zone; • Safety Zone 3 — Inner Turning Zone; and • Safety Zone 5 — Sideline Zone 58 of the 62 new sites identified within the vicinity of JWA are completely within Safety Zone 6 —Traffic Pattern Zone, with the remaining 4 being only partially within Safety Zone 4 — Outer Approach/Departure Zone. As provided in Appendix D of the AELUP, Table 9B (Safety Compatibility Qualities), residential uses are allowed in Safety Zone 6. Residential uses are allowed in Safety Zone 4 as infill in urban areas. Zone 4: Outer ApproaclhlDeparture Zone Risk Factors 1 Runway Praxrmity > Situated along extended runway centeilme beyond Zone 3 s Approaching aircraft usually at less than traffic pattern altitude r Particularly applicable for busy general aviation runways (because of elongated traffic pattern), runways with straight -in instrument approach procedures, and other runways where straight -in or straight-out flight paths are common > zone can be reduced in size or eliminated for runways with very4ow activity levels Zone S: Sideline Zone Risk Factors I Runway Proximity ► Encompasses claw -in area lateral to runways r Area not normally overflown, pnmary risk is with aircraft (especially twins) losing directional control on takeoff iw Area is on airport property at most airports Zone 6: Traffic Pattern Zone Risk Factors I Runway Proximity w Generally low likelihood of accident occurrence at most airports, nsk concern pnmanly is with uses for which potential consequences are severe P. Zone includes all other portions of regular traffic pat- terns and pattern entry routes Basic Compatibility Qualities s In undeveloped areas, limit residential uses to very low densi- ties Of not deemed unacceptable because of noise), if a€tef- native uses are impractical, allow higher densities as infi7 in urban areas s Limit nonresidential uses as in Zone 3 s Prohibit children's schools, large day care centers, hospitals, nursing homes Basic Compatibility Qualities * Avoid residential uses unless airport related fwise usually alcn a factor) w Allow a!l common aviation -related activities provided that height -limit criteria are met P. Limit other nonresidential uses similarty to Zone 3, but with slightly higher usage intensrties ► Prohibit children's schools, large day care centers, hospitals, nursing homes Bask Compatibility Quafitm5 w Allow residential uses P. Allow most nonresidential uses; prohibit outdoor stadiums and similar uses with very high intensities � Avoid children's schools, large day cafe centers, hospitals, nursing homes 19-166 City of Newport Beach Housing Element Implementation — Noise -Related Amendments Attachment No. 3 Height Restriction Zones The majority of the newly identified housing opportunity sites will need to be rezoned to accommodate residential development at later date. As part of that rezoning, height limitations will be developed and applied. In no event will the City's rezoned height limits be inconsistent with the parameters outlined in Subsection 3.2.6 (Height Restriction Zone) of the AELUP and FAA standards. In addition, future comprehensive updates to the Land Use Element and rezoning will be subject to future Airport Land Use Commission (ALUC) review, consistent with Public Utilities Code Section 21676. 19-167 Attachment 4 i f 75 dBX,' •' +' CNEL . J 60 dA i 65 dBA CNEL f' CNEL r' 70, dBA .' gNEL Newport Airport Village PC / /� t •.� / / S0, 04 F ��= Newport Place PC \OkNE Ave • GAP ��� yy'� 'P/ff � cr P O� ♦ s'P,BAAVY%vJIlr �I e f•, Legend • `� >�1y� , 0 CNEL 60 CNEL 65 CNEL 70 r CNEL 75 Opp. Housing Sites • >;` ; k`° i — City Boundary 2014 JWA Settlement Ng'-* Agreement L g f�-��.,�x �$s New•° Amendment Noise Contours s Cily of Newport Beach (Housing Opportunity Sites)GI5DIds02 ` xJuly 13, 2023 1wA_ l l_ NEB onrow, n oy_Hourin� 'roam:d 19-168 Attachment 5 � t ..,' + e'P/s.To� ae ♦ / A J� {�i V NNE AVe s y1 W'XY, L r t Newport Airport : Village PC f A` ♦ 'i M1 � �., +( a+ , F. X c ./,, 4 / r Oyu Newport Place ; y Ar, c... PC , 0 1 5a APR. SURF. �41 , t7, r S, . e Legend ►' { �qCK SAY DR - JWA Obstruct Imaginary Surface City Boundary r �y F„ New Housing Sites c3, Housing Sites Inventory PA2022-0201 NH JWA Obstruction ImaginarySurface WP,R BF •.� City of Newport Beach GIS Division (Airport Area) August 24. 2021 PM,•0 1 ObsmKsion Airoon Ar —d 19-169 Attachment 6 '4 + Newport Airport Village PC 5,1 *� {�� ;� CAD } • - .� Aar k ,f / ; � •+, L-Pi. P{v Uoforyh'Park ,R:I1 _ Apt ei� If, Newport Place z s PC Y Bby.V. W . ;� is Legend — — City Boundary 4 JWAAirport Safety Zones: RW2R20L eP a 100 ,.,00 JWAAirport Safety Zones: RW2L20R '� � sre3 Pear L New Housing Sites Housing Sites Inventory PA2022-0201 NBA' gs � n.wvs,i acetx JWA Safety Zones City GISOipisi*n Bash GIs Division August 2d, 2021 PA2022-0201 Safety—Z~, d 19-170 Attachment 7 Housing Element Implementation, Noise -Related Amendments (PA2022-0201) Site Location & Maximum Permitted Height Table Site Location Allowed Maximum Building Height Newport Place Planned Community 55 ft' Newport Airport Village Planned Community Planning Area 1 (within 60 dBA noise contour) Planning Area 2 within 65 dBA noise contour 55 ft (Nonresidential)2 85 ft (Residential & Mixed-Use)2 55 ft (Nonresidential)3 Office -Zoned properties on Campus Drive 300 ft (High Rise 4 Golf Course properties on Mesa Dr 18 ft YMCA property on University Dr 37 ft Residential properties on Mesa Dr 35 ft Notes: 1. The height of residential structure can be increased with the approval of a site development review and subject to required findings specified in Section 20.30 060.C.3 of the Newport Beach Zoning Code but shall not penetrate Federal Aviation Regulation (FAR) Part 77, Obstruct+on—Imaginary Surfaces, for John Wayne Airport unless approved by the Airport Land Use Commission (ALUC}, shall be in compliance with FAR Part 77, and comply with the requirements of Section 20.30.060.E of the Newport Beach Zoning Code (Airport Environs Land Use Plan for John Wayne Airport and the Airport Land Use Commission Review Requirements). 2. The height of residential or mixed -use structures currently allowed within 60 dBA CNEL contour. 3. The height of nonresidential structures currently allowed within 65 dBA CNEL contour. 4. Allowed per Section 20.30.060_C_2.e (Height Limits and Exceptions) of NBMC. 19-171 Attachment No. F ALUC Determination Letter, Dated August 23, 2023 19-172 ORANGE I COUNTY �JLUC August 23, 2023 AIRPORT LAND USE COMMISSION FOR ORANGE COUNTY 3160 Airway Avemie • Costa Mesa, California 92626. 949.252.5170 fax: 949.252.6012 Rosalinh Ung, Principal Planner City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 RECEIVED BY COMMUNITY DEVELOPMENT AUG 2 S 2023 CITY 01 NEWPORT BEACH Subject: ALUC Determination for Housing Element ImplenientationlNoise-Related Amendments including Amendments to the Land Use Element, Noise Element, Zoning Code, Newport Airport Village Planned Community and Newport Place Planned Community Dear Ms. Ung: During the public meeting held on August 17, 2023, the Airport Land Use Commission (ALUC) for Orange County considered the subject item. The matter was duly discussed, and with a 4-0 vote, the Commission found the Housing Element Implementation/Noise-Related Amendments including Amendments to the Lurid Use Element, Noise Element, Zoning Code, Newport Airport Village Planned Community and Newport Place Planned Community to be Inconsistent with the Airport Environs Land Use Plan for^ John Wayne Airport (AELUP far 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 TWA." 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 AEL UP which states that the General Land Use policy of the Airport Laird 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..." 19-173 Please contact Julie Fitch at hitch@ocair.com or at (949) 252-5170 if you would like additional information or have questions regarding this proceeding. Sincerely, Lea U. Choum Executive Officer cc: ALUC 19-174 Attachment No. G Correspondence 19-175 Planning Commission - August 3, 2023 Item No. 4a - Additional Materials Received Housing Element Implementation, Noise -Related Amendments (PA2022-0201) From: a riles yahoo.com To: Plannina Commissioners Cc: Aviation; info(cbspon-newportbeach.org Subject: Questions to Consider for Item No. 4, Housing Element Implementation - Noise Related Amendments Date: July 30, 2023 10:04:25 PM Dear Planning Commissioners: I respectfully request that you please review the following questions I have about Item No. 4, Housing Element Implementation - Noise Related Amendments, on the August 3, 2023 meeting agenda. I have tried my best to understand this Item and its effects, and I have the following concerns that I think our community as a whole would appreciate you addressing at the next Planning Commission meeting. And hopefully if the answers are not satisfactory, you can instruct further review before the City passes any resolutions on this matter. Thank you for you time considering the following: 1. There is an argument that 65 dB or use of the Schultz Curve to determine appropriate thresholds to measure the effects of aircraft noise exposure on communities is outdated, based upon the results of the FAA's most recent Neighborhood Environmental Survey in 2021. This survey has resulted in a new "National Curve" being developed to better measure the effects. If we are not using the best, most recent research to base our contours on, this seems like a scenario of bad facts making bad law. The Analysis of the NES survey concluded that: "In comparison to prior studies on this topic, the NES's national curve shows substantially more people highly annoyed for a given DNL aircraft noise exposure level." 2. Assuming that 65 dB is still considered the threshold where there is an arguable effect on residential use, why should a parcel that is bisected by this contour be considered acceptable for residential development? Either the parcel IS or IS NOT suitable for this purpose. Can the City's policy and resolution be revised to EXCLUDE development on parcels where the contours bisect them? 3. Per the Noise Chapter of EIR No. 617, page 19: "California Airport Noise Regulations promulgated in accordance with the State Aeronautics Act and set forth in Section 5000 et seq. of the California Code of Regulations (Title 21, Division 2.5,Chapter 6) are enforced by the Aeronautics Division of the California State Department of Transportation ("Caltrans") (State of California 1970). These regulations establish 65 dB CNEL as a noise impact boundary within which there shall be no incompatible land uses. This requirement is based, in part, upon the determination in the Caltrans regulations that 65 dBCNEL is the level of noise which should be acceptable to "...a reasonable man residing in the vicinity of an airport". 4. The Staff Report for this Item states that: "The Amendments are required to further the goals, policies, and programs of the Sixth Cycle Housing Element, but what about maintaining the policies of the Noise Element of the General Plan. specifically 3.2 (Residential Development): "Require that residential development in the Airport Area be located outside of the 65 dBA CNEL noise contour..."? 5. 1 understand updating the Noise Contours from the 1985 AELUP Master Plan, but I do not see where there is an argument and analysis of why the City should allow residential development within a 65 dB contour, given the updated data, analysis, and regulations by the state and federal government do not allow it. 6. Section 2 of the Resolution for this Item (CEQA Determination) cites to the scope of analysis contained 19-176 Planning Commission - August 3, 2023 Item No. 4a - Additional Materials Received Housing Element Implementation, Noise -Related Amendments (PA2022-0201) within EIR No. 617, stating that it "fully analyzed impacts on sensitive receptors (including residential uses)," but the Noise Chapter of the EIR itself actually cautions that its analysis of the impacts is limited based upon the fact that some of the data it considered was limited and could be speculative (page 11) 7. Has the Aviation Committee studied or weighed in on this? 8. Are we truly serving the residents of Newport Beach, regardless of their income, by allowing residential development in these areas? 9. Should the City be basing any policies or standards of development that will govern and guide development for possibly decades, based around trying to achieve RHNA numbers that may be revised in the future? 19-177 Planning Commission - August 3, 2023 Item No. 4b - Additonal Materials Received Housing Element - Noise Amendments (PA2022-0201) From: Satish Lion <slion@picernegroup.com> Sent: August 01, 2023 1:13 PM To: Ung, Rosalinh Cc: Ellmore, Curtis; Planning Commissioners; Greg Nakahira Subject: Letter of Support of PA2022-0201 (Agenda Item No. 4); Housing Element Implementation, Noise Related Amendments Attachments: TPG PA2022-0201 Support Letter_8.1.2023.pdf Hi Rosalinh, I hope you are doing well and enjoying the summer! Attached please find our letter of support for PA2022-0201 (Agenda Item No. 4); Housing Element Implementation, Noise Related Amendments. Please confirm you have received this letter. Thanks! Satish Lion VUIVIF HfiUHVIEHQW#OVFTXIVIWIRQV41QWIWOHP HQW# JGHYHOR SP HQW# P*7<1,431675;# 8333W11JFK#7W¢&933#MHZ SRUWMHDFKAPD*5993 19-178 Planning Commission - August 3, 2023 Item No. 4b - Additonal Materials Received Housing Element - Noise Amendments (PA2022-0201) PICERNEGROUP August 1, 2023 Rosalinh Ung Principal Planner City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 rung@newportbeachca.gov Re: Letter of Support of PA2022-0201 (Agenda Item No. 4); Housing Element Implementation, Noise Related Amendments Dear Rosalinh, I am writing on behalf of The Picerne Group, Inc. (TPG) in support of the proposed Housing Element Implementation and Noise -Related Amendments (PA2022-0201); Item 4 on the agenda for the City of Newport Beach Planning Commission's August 3rd, 2023 meeting. TPG is a community -oriented residential development company who has owned, developed and operated multifamily residential properties for over 35 years. Consistent with our dedication to the local community, a core mission of TPG is to provide well -designed and much -needed housing (of a variety of affordability levels) to the Airport Area. To further our mission, TPG supports smart urban planning policies for the Airport Area, including the Noise -Related Amendments. Adopting the Noise -Related Amendments will promote additional housing opportunities in the Airport Area, and advance the City's goals and policies of the Sixth Cycle Housing Element. The Noise -Related Amendments are a critical step in the right direction to satisfying the City's Sixth Cycle RHNA mandate, while at the same time encouraging a mix of non-residential supportive uses to diversify the existing and future neighborhood villages of the Airport Area. Thanks for your consideration. Greg Nakahira Managing Director Cc: Curtis Elmore, Chair cellmore@newportbeachca.gov planningcommissioners@newportbeachca.gov 5000 BIRCH ST #600 NEWPORT BEACH, CA 92660 949.487.6262 PICERNEGROUP.COM 19-179 Planning Commission - August 3, 2023 Item No. 4b - Additonal Materials Received Housing Element - Noise Amendments (PA2022-0201) From: Richard Moriarty <nbvineyards@gmail.com> Sent: August 01, 2023 2:45 PM To: Planning Commissioners Subject: NB Golf Course Housing I have built two custom homes adjacent to your proposed low income housing. I built with a golf course view, not homeless housing. Your project will negatively affect my property values and damage the character of our neighborhood. I am in opposition of the project. Richard Moriarty, 2128 Mesa Drive, NB 92660 949 400-9463 19-180 Planning Commission - August 3, 2023 Item No. 4b - Additonal Materials Received Housing Element - Noise Amendments (PA2022-0201) SAUNDERS PROPERTY,,,` 4040 MacArthur Blvd., Suite 300 Newport Beach, CA 92660 Tel: (949) 251-0444 Fax: (949) 251-0888 August 1, 2023 Rosalinh Ung Principal Planner City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 VIA EMAIL: rung@newportbeachca.$ov John R. Saunders President SUBJECT: SUPPORT OF HOUSING ELEMENT IMPLEMENTATION - NOISE -RELATED AMENDMENTS (PA2022-0201) Dear Rosalinh, As one of the largest property owners in the airport area I would like to register my support for Item 4 on the August 3`d Planning Commission agenda. This item memorializes the 2014 noise contour lines as approved for the John Wayne Airport Settlement Agreement Extension. These lines replace the 1985 noise lines that have controlled land use approvals since the Settlement Agreement was adopted. Adopting Item 4 will help the city meet our RHNA goals by opening potential residential sites in the JWA area. Thank you for considering my opinion. John Sau ers Presiden Cc: Curtis Ellmore, Chair celimore@newportbeachca.gov r.` 19-181 Planning Commission - August 3, 2023 Item No. 4c - Additional Materials Received Housing Element Implementation, Noise -Related Amendments (PA2022-0201) From: Caroline Dobbins To: Plannina Commissioners Subject: Noise Contour Amend ment-(AELU P)Oppose Date: August 01, 2023 6:57:27 PM [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. Hello Planning Commissioners, Thank You for your service to Newport Beach! I am a Resident of Bayview Heights ,and I am writing to let you know that I oppose the new noise contour map and plans to build Housing on a golf course parcel South of Mesa Drive. Please help us preserve the golf course as is. The proposed plan would involve re -zoning for a purpose that is not approved, nor should it be. Please, vote no, our quality of life is at stake! Thank you for your time and consideration. Sincerely, Caroline Dobbins 20272 Orchid Street Newport Beach CA 92660 714-350-1315 Resident since 1999 19-182 Planning Commission - August 3, 2023 Item No. 4c - Additional Materials Received Housing Element Implementation, Noise -Related Amendments (PA2022-0201) From: William Cope To: Plannina Commissioners Subject: Front Nine Newport Beach Golf Course Date: August 01, 2023 8:25:07 PM [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. VOTE NO!!! HOUSING ON THE FRONT NINE OF THE NEWPORT BEACH GOLF COURSE Sent from my iPhone 19-183 Planning Commission - August 3, 2023 Item No. 4c - Additional Materials Received Housing Element Implementation, Noise -Related Amendments (PA2022-0201) From: Louis Beaulieu To: Lee. Amanda; raarciamav(clnewportbeachca.aov; Planning Commissioners Cc: Mahany. John Subject: Planning Commission meeting: Comment for PA2022-0201 Airport housing Date: August 01, 2023 9:28:03 PM Attachments: Letter housina development issue.pdf [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. L A Hi, I have attached my comment for consideration at the next meeting. Thanks, Louis Beaulieu 19-184 Planning Commission - August 3, 2023 Item No. 4c - Additional Materials Received Housing Element Implementation, Noise -Related Amendments (PA2022-0201) Costa Mesa, 17 May 2023 From: Louis Beaulieu 881 Senate St, Costa Mesa, CA To: City of Newport Beach City, CA Planning Commission Subject : Housing Element Implementation, Project File No.: PA2022-0201 As an aircraft owner and operator and as a tenant at John Wayne Airport (Jay's tie down 177), it has been brought to my attention that there is a proposed project housing development around the airport. This project bears file number PA2022-0201, and a Notice of Public Hearing is scheduled This new development would be situated right under the normal take -off path from runway 20L which is the normal runway for small aircraft. The following is from John Wayne Airport noise abatement procedure for small aircraft (https://www.ocair.com/business/general-aviation/pilot-information/noise- abatement/): By comparing with the development plan for Project File No.: PA2022-0201 we can see that the proposed residential area would be located right under the departure path of small aircraft. In the image below I have superposed a normal aircraft trajectory in pink with the proposed green residential 19-185 Planning Commission - August 3, 2023 Item No. 4c - Additional Materials Received Housing Element Implementation, Noise -Related Amendments (PA2022-0201) area defined by PA2022-0201. The location of new housing would represent a new 'NOISE SENSITIVE AREA', as is represented in Orange above in the first figure. F �- �FS r i � r r ' - f r !Viff/ ,r 49 65 dB 60 dB CNEL 70 dB CNEL CNEL Smyff_b. \b/ A We can see that the aircraft trajectory would mostly be over the proposed residential area. For all small aircraft take -off is always performed with full power. This is per the aircraft manufacturer operating procedure and must be followed as required by the FAA. Up to the point where the aircraft is shown in the above image, the aircraft must keep full power and will be at an altitude that is less than 1000 feet, which causes noticeable noise for the people below. There are several hundred of departures of small aircraft every day at John Wayne Airport, and it is not the noise level that is the issue, it is the number of departures. An airplane can take -off every 2-3 minutes, and that would severely affect the quality of life of any person living under the departure path. 19-186 Planning Commission - August 3, 2023 Item No. 4c - Additional Materials Received Housing Element Implementation, Noise -Related Amendments (PA2022-0201) The FAA has issued guidance material to prevent situations where a residential area is affected by aircraft noise. That guidance is Advisory Circular AC 150/5020-1 NOISE CONTROL AND COMPATIBILITY PLANNING FOR AIRPORTS (http://www.faa.gov/documentLibrary/media/advisory_circular/150-5020- 1/150_5020_1.pdf). The group that is proposing to add housing elements per PA2022-0201 needs to read and understand that guidance material or we will create additional conflicts with the airport use in the future. The John Wayne Airport administration is responsible to promote a compatible environment for the airport in regards to zoning, and they can be consulted for guidance. Also, the Aircraft Owner and Pilots Association has created a complete guide to understand issues related to noise and compatible land use (https://www.aopa.org/- /media/Files/AOPA/Home/Supporting-General-Aviation/Get-Involved/Airport-Support-Network/AOPA- Resources-for-You/120112asn-airport-noise-compatible-land-use.pdf) around the airport. The promoter for the Housing Element Implementation, Project File No.: PA2022-0201 must get familiar with that guide and re-evaluate their project. In the meantime Project File No.: PA2022-0201 must be put on hold indefinitely until the developers have changed their project to be compatible with responsible land use around an airport, in agreement with the John Wayne Airport administration and airport users. 19-187 Planning Commission - August 3, 2023 Item No. 4c - Additional Materials Received Housing Element Implementation, Noise -Related Amendments (PA2022-0201) August 3, 2023, Planning Commission Item 4 Comments These comments on a Newport Beach Planning Commission agenda item are submitted by: Jim Mosher (iimmosher(a)-yahoo.com ), 2210 Private Road, Newport Beach 92660 (949-548-6229). Item No. 4. HOUSING ELEMENT IMPLEMENTATION - NOISE -RELATED AMENDMENTS (PA2022-0201) This item shows signs of having been hastily and sloppily prepared, perhaps to meet the deadline for a scheduled August 17 hearing before the County's Airport Land Use Commission, where the City likely expects a finding of inconsistency with the John Wayne Airport Environs Land Use Plan. The rush seems particularly unseemly to me, since the City has a Council -appointed General Plan Advisory Committee, which includes a Noise Element Subcommittee, yet staff has not sought its review of the present proposal (or anything else). In any event, although the minutes are not yet posted, at the ALUC's July 20 meeting, the ALUC considered a City request to lower the affordable housing requirement in the Newport Place Planned Community from 30% to 15%. The ALUC found that consistent provided all that housing was built outside the 65 dB CNEL contour. As a non -agenda comment at the end of that meeting, I mentioned that the AELUP for JWA uses noise contours predicted in 1985 for conditions people of that era expected to see in 2003, and I asked if might not be time to update them. The response to the ALUC from its Executive Officer, Lea Choum, (which I did not understand) was that, even though they were known to no longer be accurate, basing land use decisions on anything other than the 1985 projections would violate the Settlement Agreement, because they were what was studied in the EIR for it. I did not quite catch if she found that commitment in the County's EIR 508 for the original 1985 Agreement, or the more recent EIR 617 for an amended version of the Agreement adopted in 2014. It looks like the City is now taking a different view, and, although it is not entirely clear what contours it is proposing, believes it can use those projected in EIR 617 for the final five years of the amended Agreement (calendar years 2006 through 2030). Those assume 12.5 million commercial passengers arriving and departing each year. Using those contours seems reasonable to me, although it will certainly be inconsistent with the County's JWA AELUP, since that continues to use projections made around 1985 for conditions in 2003. And City planning staff seems to have a mistaken belief the EIR 617 contours represent the state of the art in aircraft noise prediction. The Integrated Noise Model used in 2013 or 2014 has, in fact, been superseded for a number of years by the FAA's Aviation Environmental Design Tool, which is presumably what is being used by JWA's Access and Noise Office, or their contractors, to produce the Annual CNEL Noise Contours they post. JWA's official 2002 Noise Contours are skinnier and more elongated than the EIR 617 predictions, with the 65 dB CNEL contour passing, on the east, roughly though the intersection of Birch and Quail, but extending to the south to the Muth Center and a little beyond. 19-188 Planning Commission - August 3, 2023 Item No. 4c - Additional Materials Received Housing Element Implementation, Noise -Related Amendments (PA2022-0201) August 3, 2023, PC agenda Item 4 comments - Jim Mosher Page 2 of 2 Among signs of hasty preparation: • The revisions are inconsistent as to whether the references should be to "65 dB CNEL" or "65 dBA CNEL" (the "A" indicating "A -weighting"). In fact, what seems to be the author's favorite, "dBA," is a redundancy because CNEL is a California noise metric defined in 21 CCR Sec. 5001, and the dB (decibels) used to express it are by definition A -weighted. There is no other kind of CNEL (Community Noise Equivalent Level). • No update is suggested to the depiction of "existing contours" in the Noise Element, even though they are clearly not the existing contours. • Some of the suggested revisions contradict others. For example, near the bottom of handwritten page 26, the Noise Element narrative is proposed to be revised to read "Noise -sensitive uses shall not be located on parcels that are wholly within the John Wayne Airport 65 dBA CNEL contour as shown in Figure N5." Yet, the policies allow residential uses on such parcels if required to meet the state's RHNA requirement. • At least as importantly, in deleting references to Figures N4 and N6, and leaving only those to Figure N5, and in inserting references to "Title 21 of [the] California Code of Regulations" (which, by its own terms has only to do with airports and aircraft noise), the author seems to have lost sight of the need for policies and regulations regarding properties impacted by other noise sources as depicted on those other maps. I could provide more detailed suggestions. But all in all, this does not appear to be at all ready, and I believe it should be reviewed by the City's GPAC. 19-189 From: Campbell, Jim To: Una, Rosalinh Subject: Fwd: High Density Housing Plan-08.08.23 Date: August 28, 2023 6:16:44 PM Sent from my iPhone Begin forwarded message: From: jsalvo2105@aol.com Date: August 9, 2023 at 12:44:08 PM PDT To: Planning Commissioners<PlanningCommissioners@newportbeachca.gov> Subject: High Density Housing Plan-08.08.23 [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the MIJIMEMWt is safe. AM Dear Planning Commissioners, In the past many Santa Ana Heights families had their homes condemned and were removed from their much loved neighborhood for the commercial development on Birch Street because 65db zone was considered too high to live there safely. Now the Planning Staff, Planning Commission have revised the noise impact map to enable new very high density residential development in 65db zone. Plan to put high density housing on a popular public golf course zoned as recreational open space and directly under high risk takeoff/landing flight path in Coastal Commission access zone. In addition, it lies on Newport/Inglewood fault line and is in the FEMA 100 year Flood plan in a tsunami zone. Moreover, the plan is in a geological soil liquefaction zone subject to jet exhaust soot and air pollution and most importantly adjoining a low density residential zone adjoining the Back Bay Wildlife and Recreation preserve. Add to that; it is a high traffic zone with high traffic intersection. It would also be setting a precedent for the development of all golf courses in VIOLATION of the John Wayne Neighborhood Plan. 19-190 This action would be compromising future Newport Beach objections to increased John Wayne Airport air traffic and all that will come with it including: more noise, pollution, expansion, elimination of curfew and much more traffic 24 hours a day in the area. Using a golf course site for the housing mandate, when there are many more suitable sites, will make the Newport Beach Golf Course landowner very rich, but do nothing to reduce local home costs and will certainly reduce the quality of life with many obvious and unforeseen negative consequences to our Newport Beach community. We do oppose any such plan. We appreciate you taking the time to read our email. If you have any questions please feel free to reach out to us. We are very concerned! Best Regards, Joseph & Shella Salvo 20352 SW Cypress Street 19-191 The FAA has issued guidance material to prevent situations where a residential area is affected by aircraft noise. That guidance is Advisory Circular AC 150/5020-1 NOISE CONTROL AND COMPATIBILITY PLANNING FOR AIRPORTS (http://www.faa.gov/documentLibrary/media/advisory_circular/150-5020- 1/150_5020_1.pdf). The group that is proposing to add housing elements per PA2022-0201 needs to read and understand that guidance material or we will create additional conflicts with the airport use in the future. The John Wayne Airport administration is responsible to promote a compatible environment for the airport in regards to zoning, and they can be consulted for guidance. Also, the Aircraft Owner and Pilots Association has created a complete guide to understand issues related to noise and compatible land use (https://www.aopa.org/- /media/Files/AOPA/Home/Supporting-General-Aviation/Get-Involved/Airport-Support-Network/AOPA- Resources-for-You/120112asn-airport-noise-compatible-land-use.pdf) around the airport. The promoter for the Housing Element Implementation, Project File No.: PA2022-0201 must get familiar with that guide and re-evaluate their project. In the meantime Project File No.: PA2022-0201 must be put on hold indefinitely until the developers have changed their project to be compatible with responsible land use around an airport, in agreement with the John Wayne Airport administration and airport users. 19-192 From: man, Eric To: Una, Rosalinh; Judis, Seimone Cc: Brown, Leilani Subject: Housing Element Implementation Correspondence Date: August 24, 2023 11:30:46 AM Attachments: imaae001.Dna FW Airport noise contour.msg FW I am opposed to the approval of amendments to the housina element chanaina the Santa Ana Airport (John Wavne) noise contour maDS - Brad and Chris Larkins.mso Good morning, Attached is correspondence that we received regarding the Housing Element Implementation Public Hearing item for the September 12 meeting. Thank you, Eric Bryan, CRM/CIGO Deputy City Clerk City Clerk's Office Office: 949-644-3005 100 Civic Center Dr. Newport Beach, CA 92660 Please note that email correspondence with the City of Newport Beach, along with attachments, may be subject to the California Public Records Act, and therefore may be subject to disclosure unless otherwise exempt. 19-193 From: Rieff, Kim To: Mulvey, Jennifer Subject: FW: Airport noise contour Date: August 16, 2023 7:01:51 AM -----Original Message ----- From: William Cope <cope2003@sbcglobal.net> Sent: August 15, 2023 10:28 PM To: Dept - City Council <CityCouncil@newportbeachca.gov> Subject: Airport noise contour [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. VOTE NO TO CHANGE THE NOISE CONTOUR Sent from my iPhone 19-194 From: Rieff, Kim To: Mulvey, Jennifer Subject: FW: I am opposed to the approval of amendments to the housing element changing the Santa Ana Airport (John Wayne) noise contour maps - Brad and Chris Larkins Date: August 14, 2023 11:01:30 AM From: Brad Larkins <brad.Iarkins@outlook. com> Sent: August 12, 2023 9:55 AM To: Dept - City Council<CityCouncil@newportbeachca.gov> Subject: I am opposed to the approval of amendments to the housing element changing the Santa Ana Airport (John Wayne) noise contour maps - Brad and Chris Larkins [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. NB City Council Members, I am opposed to the approval of amendments to the housing element changing the Santa Ana Airport (John Wayne) noise contour maps to allow additional housing development under the flight paths of take off and landings. As a resident of Bayview Heights in Newport Beach for 39 years, I assure you that the noise generated by the commercial and private jet traffic has not decreased but has slowly increased. I question the validity of the updated noise contour maps. I invite each of you to stand on the 3rd hole of the Newport Beach Golf Course. You will hear the deafening roar of jet engines that shake you as you feel you can almost touch the bottom of the aircraft. My opinion is that this is better left as green space for public safety, public value, and city planning purposes. I believe the current zoning is consistent with Orange County Airport Land Use Commission and the California Department of Transportation Division of Aeronautics. I understand the owners would like to build high density housing on the properties but there are very important reasons these properties have remained green space over the decades — public safety and public value. I urge you to vote against the housing Element Implementation, Noise -Related Noise Amendments - Notice of Intent to Override the Airport Land Use Commission's Potential Determination of Inconsistency on August 22, 2023 Thank you for your consideration and your support. Brad and Chris Larkins 20232 Spruce Ave. Newport Beach, CA 92660 19-195 NEWPORT GOLF CLUB PARTNERS 8294 Mira Mesa Boulevard San Diego, California 92126 PHONE (858) 2714682 FAX (858) 271-5161 Letter of Support August 29, 2023 Seimone Jurgis Director of Community Development City of Newport Beach 100 Civic Center Drive Newport Beach Ca 92660 RE: HOUSING ELEMENT IMPLEMENTATION - NOISE -RELATED AMENDMENTS (PA2022-0201) Dear Seimone: As the owners of the Newport Beach Golf Course property we have followed the Housing Element procedures and have previously sent a letter of interest to be included as a housing opportunity site. We are in support of the proposed amendments for the above -referenced item. Thanks you for all of your and the entire staff's efforts on this Housing Element Implementation. Sincerely, Brett Feuerstein Partner Newport Golf Club Partners 19-196