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HomeMy WebLinkAbout2023-52 - 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)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 61h 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; 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; 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 4of9 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. 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 general 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 6t" 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. 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 6t" Cycle Housing Element. Portions of those properties are within Safety Zone 4 with the remaining portions lying in Safety Zone 6. Safety Zone 4 limits residential uses to very low density (if not deemed unacceptable because of noise) and advises to avoid nonresidential uses having moderate or higher usage intensities. 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." 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. 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 for the 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. Resolution No. 2023-52 Page 9of9 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 12t" day of September, 2023. ATTEST:011 ,„ Leilani I. Brown,ry` City Clerk NZ/- - Ni.. P,14"' cd6 APPROVED AS TO FORM: CITY TTORNEY'S OFFICE �i' C Aar n C. Harp City Attorney LOM STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; the foregoing resolution, being Resolution No. 2023-52 was duly introduced before and adopted by the City Council of said City at a regular meeting of said Council held on the 12'h day of September, 2023; and the same was so passed and adopted by the following vote, to wit: AYES: Mayor Noah Blom, Mayor Pro Tern Will O'Neill, Council Member Brad Avery, Council Member Robyn Grant, Council Member Lauren Kleiman NAYS: None RECUSED: Council Member Erik Weigand ABSENT: Council Member Joe Stapleton IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 13'h day of September, 2023. r Leilani I. Brown City Clerk Newport Beach, California