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HomeMy WebLinkAboutGP UPDATE JWA DOCUMENTSGP UPDATE JWA DOCUMENTS CITY OF NEWPORT BEACH PLANNING DEPARTMENT Patricia L. Temple, Director February 23, 2006 Airport Land Use Commission Karl Rigoni 3160 Airway Avenue Costa Mesa, CA 92626 Dear Ms. Rigoni, Attached for you review are copies of the draft elements being considered as part City's comprehensive General Plan Update and a detailed map of the Airport Area that depicts land uses under consideration. We are scheduled to have the Environmental Impact Report published in March along with a bound version of these elements. I will forward you copies of both as soon as they are available. Additionally, pursuant to our past conservation, we anticipate being on the May Airport Land Use Commission agenda. Please let me know what application materials are needed and the deadline for submittal. Please don't hesitate to contact me should you have any questions. Since /zS Gregg Ramirez Senior Planner 949-644-3219 gramirez@city.newport-beach.ca.us 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658-8915 Telephone: (949) 644-3200 - Fax: (949) 644-3229 • www.city.newport-beach.ca.us AIRPORT LAND USE COMMISSION GRANGE COUNTY FOR ORANGE COUNTY 3160 Airway Avenue • Costa Mesa, California 92626 - 949.252.5170 fax: 949.252.6012 April 5, 2006 City of Newport Beach Planning Commission 3300 Newport Boulevard P.O. Box 1768 Newport Beach, CA 92658-8915 RlrGEIVED BY `LANNING DFPARi MEN i CITY OF NFINPORTBEACH AM APR 0 8 2006 7�8�9�10�1I�1?�I�218��.5 6 Subject: Comment on Draft General Plan Update - Noise Element Dear Members of the Planning Commission: The Orange County Airport Land Use Commission (ALUC) offers the following comments on the City of Newport Beach Draft General Plan Update for your consideration. Our comments focus primarily on the Draft General Plan Noise Element that is agendized for the April 6, 2006 Planning Commission hearing. Additional comments on other Elements will follow based upon your hearing schedule for these Elements. On page 12-27 of the Draft Noise Element relating to compatibility with John Wayne Airport (JWA), policy N 3.1 addressing new development should specify "Ensure new development is compatible with the noise environment by -using the airport noise contours as -contained in the Airport Environs Land'Use Plan (AELrJP), for JWA as guides for futuretplanning and development decisions." On page 12-27 of the Draft Noise Element, policy N 3.2 should include an additional sentence as follows to ensure compatibility with the JWA AELUP., "An avigation-easement for noise must also be dedicated to the JWA airport proprietor prior to issuance of building permits, applicable to residential uses within the 65 dB CNEL in accordance with JWA AELUP policy." The, JWA AELUP states -that "All residential units.are inconsistent in Noise Impact Zone "1" '[65 dB CNEL and above] unless -it can be -shown conclusively that such units are sufficiently sound attenuated for present and projected -noise -exposures; which shall be the energy:suin of all'.iioise impacting the project, so as not to exceed an interior standard of 45 dB CNEL with -accompanying dedication of an avigation easement for noise to the airport proprietor applicable to single family residences, multi -family residences and'mobile homes. Furthermore, all residential units are to be sufficiently indoor oriented so as to preclude noise impingement on outdoor living areas..." On page 12-27 of the Draft Noise Element, policy N 3.3 states that with regard to airport contours the City of Newport Beach will "Use noise level contours based on the most likely estimate of future airport contours, rather than on assumptions of less likely future operations in determining allowable uses, to the maximum extent allowed by law. (Imp 8.1)." However, to be consistent with ALUC policy for JWA, the City must refer to the noise contours specified in the AELUP for JWA. The contours contained in the JWA AELUP are derived from the 1985 Master Plan for John Wayne Airport. Only the 1985 CNEL contours may be utilized to determineAELUP consistency for planning purposes around JWA. On page 12-21 of the Draft Noise Element, correct reference is made to the 1985 Master Plan for JWA and the aircraft noise contours that are used for planning purposes by the County of Orange and Airport Land Use Commission. We r+r rA suggest that all references throughout the General Plan Update Elements provide the specific references to the 1985 Master Plan aircraft contours contained in the JWA AELUP. Although the Draft Land Use Element is not agendized for the April 6, 2006 Planning Commission hearing, there are portions of the Land Use Element that relate to planned residential and open space development within the JWA 65 dB CNEL contour defined in the JWA AELUP as Noise Impact Zone "l." Please refer to the JWA AELUP for ALUC policy related to such uses within this Noise Impact Zone. Additionally, in Figure LU23 Airport Area Residential Villages Illustrative Concept Diagram, both the Settlement Agreement 65 dB CNEL contour and the 1985 Master Plan 65 dB CNEL contour are shown. The Settlement Agreement contour was not adopted for planning purposes around JWA, nor included in the JWA AELUP. To remain consistent with the AELUP for JWA, the 1985 JWA Master Plan contours should be used in the General Plan Update. We suggest that your policies on noise compatibility with JWA contained in the Noise Element coincide with your proposed Airport Compatibility policies found in the General Plan Land Use Element on page 3-106. Section LU 6.15.24 covers Airport Compatibility issues and requires "...that all development be constructed within the height limits and residential be located outside of areas exposed to the 65 dBA CNEL noise contour specified by the Airport Environs Land Use Plan (AELUP), unless the City Council makes appropriate findings for an override in accordance with applicable law..." We recommend the use of the above language throughout the General Plan to clarify the use of the noise contour as specified by the JWA AELUP. Thank you for considering these comments on the Draft General Plan Update. We request that these changes be included in your Draft General Plan Update prior to action by your City Council. Should you require additional information please contact me at 949.252.5170 or via email at krieoni(@,ocair.com. Sincerely, Kari A. Rigoni Executive Officer cc: Airport Land Use Commissioners Alan L. Murphy, Director, JWA Greg Ramirez, City of Newport Beach JOFN IRPORT Orange County, California Alan L. Murphy Airport Director 3160 Airway Avenue Costa Mesa, CA 92626-4608 949.252.5171 949.252,5178 fax www.ocair.com o u m �gCIFOR�P PLANNING I)1gpAF1TMEIV . CITY OF NEWPORTBEACH April 6, 2006 AM APR U B -2006 718191101]1I1,11121� A'V1 City of Newport Beach Planning Commission 3300 Newport Boulevard P.O. Box 1768 Newport Beach, CA 92658-8915 Subject: Comment on Draft General Plan Update - Noise Element Dear Members of the Planning Commission: John Wayne Airport has taken the opportunity to review portions of the City of Newport Beach's Draft General Plan Update. We understand that your Commission will be conducting a hearing on certain Elements of the Draft General Plan on April 6, 2006, including the Draft Noise Element. We request that you consider the following comments as part of your Planning Commission proceedings and hope that you will include these suggestions as revisions to your documents. Of primary concern to John Wayne Airport (JWA) is the ability to ensure the continued operation of the airport and to protect the public from the adverse affects of airport noise. As the City plans for its future and considers changes to its General Plan, we ask that compatibility with JWA be fully addressed. Since a large portion of the City's jurisdiction falls within airport impact zones as defined by the Airport Environs Land Use Plan (AELUP) for JWA, California Public Utilities Code Section 21670, and the "Height Restriction Zone" and "Obstruction Imaginary Surfaces" as defined by the Federal Aviation Administration (FAA) FAR Part 77, the City's General Plan should incorporate language to ensure airport compatibility based upon criteria and policies defined in these plans and regulations. Specific areas that should be clarified within the Draft Noise Element are as follows: 1) Policy N 3.1 on page 12-27 of the Draft Noise Element addressing new development compatibility with JWA should be revised to read, "Ensure new development is compatible with the noise environment by using the airport noise contours as contained in the Airport Environs Land Use Plan (AELUP) for JWA as the guide for future planning and development decisions." 2) The JWA AELUP states that "All residential units are inconsistent in Noise Impact Zone "1" [65 dB CNEL and above] unless it can be shown conclusively that such units are sufficiently sound attenuated for present and projected noise exposures, which shall be the energy sum of all noise impacting the project, so as not to exceed an interior standard of 45 dB CNEL, with accompanying dedication of an avigation easement for noise to the airport proprietor applicable to single family residences, multi -family residences and mobile homes. Furthermore, all residential units are to be sufficiently indoor oriented so as to preclude noise impingement on outdoor living areas..." Policy N 3.2 on page 12-27 of the Draft Noise Element, should be revised to include an additional sentence to ensure compatibility with the above section of the JWA AELUP as follows: "An avigation easement for noise must also be dedicated to the JWA airport proprietor prior to issuance of building permits, applicable to residential uses within the 65 dB CNEL in accordance with JWA AELUP policy." 3) Policy N 3.3 on page 12-27 of the Draft Noise Element, states that with regard to airport contours, the City of Newport Beach will "Use noise level contours based on the most likely estimate of future airport contours, rather thanon assumptions of less likely fixture operations in determining allowable uses, to the maximum extent allowed by law. (Imp 8.1). " This policy should be revised to specify that the noise level contours used will be the approved 1985 JWA Master Plan contours. On page 12-21 of the Draft Noise Element, correct reference is made to the "1985 Master Plan for John Wayne Airport" and "the aircraft noise contours that are used for planning purposes by the County of Orange and Airport Land Use Commission." All references in the General Plan Update Elements should specifically refer to the 1985 JWA Master Plan aircraft contours contained in the JWA AEL UP. 4) Portions of the Draft Land Use Element show planned residential and open space development within the JWA Master Plan 65 dB CNEL contour (Figure LU23 Airport Area Residential Villages Illustrative Concept Diagram). The County of Orange and JWA oppose new residential development within this 65 dB CNEL contour and we request that the proposed land use within the contour be revised to reflect non-residential uses. 5) Figure LU23, Airport Area Residential Villages Illustrative Concept Diagram, shows both the Settlement Agreement 65 dB CNEL contour and the 1985 Master Plan 65 dB CNEL contour. The Settlement Agreement contour was not adopted for planning purposes around JWA. The 1985 JWA Master Plan contours should be used in the City's General Plan Update. 6) We suggest that the City's policies on noise compatibility with JWA contained in the General Plan Noise Element coincide with the proposed "Airport Compatibility" policies found in the General Plan Land Use Element on page 3-106 and be revised in accordance with the comments noted above. Section LU 6.15.24 addresses Airport Compatibility issues and requires "...that all development be constructed within the height limits and residential be located outside of areas exposed to the 65 dBA CNEL noise contour specified by the Airport Environs Land Use Plan (AELUP), unless the City Council makes appropriate findings for an override in accordance with applicable law..." We recommend the use of the above language throughout the General Plan to clarify the use of the 1985 JWA Master Plan 65 dB CNEL noise contour. Thank you for considering these comments and requested revisions to the Draft General Plan Update prior to action by your City Council. Should you require additional information please contact Kari Rigoni at 949.252.5284 or via email at krigoni@ocair.com. Sincerely, JlangZy Airport Director cc: Airport Land Use Commission Greg Ramirez, City of Newport Beach FROM : FAX NO. : COUNCIL AGENDA r 07 2006 09:35RM P1 Airport Working Group of Orange County, Inc. MA April 6, 2006 Honorable Mayor Webb, and Members of the City Council Chairman Toerge, and Members of the City Planning Commission FILE COPY The Airport Working Group (AWG) has served the city of Newport Beach for 20+ years in an effort to protect the people under the bight path of the John Wayne airport from the effects of the required operations. The AWG Board has become aware that one of the Policies of the proposed Newport Beach General Plan Update.has been deleted from the draft General Plan presently before you. This policy was formerly numbered Safety Element Policy number S 8.6, and read as follows: "Oppose any facility expansions that would Increase air operations proposed.for John Wayne Airport, except in consideration of the extension or modification of flight limitations specified in the Settlement • Agreement." AWG is cognizant of Noise Element Policy number N 3.4, which reads as follows: "Oppose any attempt to modify the existing noise restrictions, including'the existing curfew and the General Aviation Noise Ordinance, unless the modifications benefit City residents." The Board of Directors of the AWG feels that these are two entirely separate matters; and that the City's position in opposition to additional facilities at JWA that are not In accordance with the Settlement Agreement is such a basic part of the City's attitude with respect to JWA, that it should remain a part of the Policies of the General Plan, To delete this Policy suggests weakness in the Chy's resolve In this extremely important issue to the City's residents, in AWG's opinion. n n AWG urges the City to restore former Policy S 8.6 to the City's Proposed General Plan. --'c5 F, orn ."i l�l i^) SO % l / Sincerely, r"= C)rn r o c M CD Tom Naughton, P ident AWG m� O 0 r E2� M �;K • 1048 Irvine Avenue • PMB 467 • Newport Beach • California • 92660 • (949) 224 6504 FROM :BMN RESIDe4CE .d FAX N0. :949-760-1691 Apr. 07 2006 12:09PM P1 COU CIL Rf E D N0, �� ofe AIRPORT LAND USE COMMISSION •, FOR ORANGE COUNTY 713160 Airway Avenpe • Costa Mesa, Callfornla 92626. 949.252.5170 fax: 949.252.6012 April5, 2W6 City of Newport Beech Planning Commission 33WNewportBoulsvard P.O. box 1768 Newport Beach, CA 9265841915 SuIsimt: Comment on Draft General Plan Update - Noise Ekhnent Dev Mo nbers of the Planning Commission: ro C -Sn �m -na M z m m o n 4" �< N M mn Q �M }a nA Q The Orange County AirpottLend Use Commission (ALUC) offers the following comments on the City of Newport Beach ]haft General Plan Update forymu comidaration. Our comments focus primarily en the Draft t'Ienenl Plan Noise Elonmot rust is ap ndiaed fa the April 6, 2006 Planning Commission heorhhg. Additional comments on odw Bknana will follow based upon your heating schedule tor these Elements. On page 12-27.of the DaftNoise Elomeat relating to compatibility with John Wayne Airport . (JWA), polloaddreaing new development should specify "Ensure new development Is compntbk with the uolso environment by usingthe airport holes contours as contained in the AfrpanEnvftmLand UmPlan (AFUP)forJWA asguides forfitureplanning and development decisions " On page 12-27 of the WNolsa Element, pol' Nk should include an additional sentence as follows to ensure eomputlblh5y with the JWAAUPP: "An Avigraioft easement for noise must also be dedicated to the JWA airport ptopribtor prior to issuance of building permits, applicable to residential uses within the 65 rib CNEL in accordance with JWAAE'LUP pollpy." The JWA AMP states that "All residential units no inconsistom 1n Noise Impact Zone "1" (65 dB CNEL Rod above] unless It can be shown conclusively that such unhsare sufficiently sound attenuated for present and projected Raise exposures, which shall be the energy sum ofall nols Impacting the project, so as no"o exceed on interior standard of45 dB CNEI., with accompanying dedication of an avlgatlon easement fornoise to the R*tt pmpfietor spplicablo to single family reeidimm, multi -funny tesideuces and mobilo homes. Putthernim, all residential units ate to be sufficiently indoor oriented so as to preclude noise impingement on outdoor living uses,-." On page 12-27 of the Draft Noise Element, policy�N 3. stnnae that with regard to sirport contours the City ofNewport Beach will "Use nobo level oon ours based on the tnost likely estimate of future airport oontoun, rather thso on assumptions of loss likely future opxstiom In determining allowable uses, to the maximum extent aliowW by law. (Imp 8.1)." Howevet, to be consistent with ALUC policy for )WA, the City must refer to the noise contours specified in dw AELUP for JWA. Tut: contours contained in the JWA AELUParederived front tkIP85Mary Planfor John WayneAtrport Only the 1985 CNEL contoursmay be utilized to detecmineAPLUP consistency for planning purposes around JWA. On page 12.21 of the Draft Noise Element, correct reA+renoo is made to the 1985 Master Phan for JWA and the aWraft WIN contours that ate • used for planning purposes by the County of Orange And Airport Land Use Commission. We FROM :EATON RESIDENCE FAX NO. :949-760-1691 Apr. 07 2006 12:09PM P2 • suggest that all references throughout the General Plan Update Elements provide the specific references to the 1985 Master Plan aircraft contours contained in the JWAAELUP. Although the Draft Land Use Element is not agendized for the April 6, 2006 Planning Commission hearing, there are portions of the Land Use Element that relate to planned residential and open space development within the SWA 65 dS CNEL contour defined in the JWA AELUP as Noise Impact Zone 'I ," Please refer to the JWA AELUP for ALUC policy related to such uses within this Noise Impact Zone. Additionally, in Figure LU23 Airport Area Residential Villages Illustrative Concept Diagram, both the Settlement Agreement 65 dB ML contour and the 1985 Master Plan 6S dB CNEL contour are shown. The Settlement Agreement contour was not adopted for planning purposes around JWA, nor included in the JWAAELUP. To remain consistent with theAELUPfbrJWA, the 1985 JWA Master Plan contours should be used in the General Plan Update. We suggest that your policies on noise compatibility with JWA contained in the Noise Element coincide with your proposed Airport Compatibility policies found in the General Plan Land Use Element on page 3-106. Section LU 6.15.24 covers Airport Compatibility issues and requires "...that all development be constructed within the height limits and residential be located outside of areas exposed to the 65 dBA CNEL noise contour specified by the Airport Environs Land Use Plan (AELUP), unless the City Council makes appropriate findings for an override in accordance • with applicable law..." We recommend the use of the above language throughout the General Plan to clarify the use of the noise contour as specified by the JWA AELUP. Thank you for considering these comments on the Draft General Plan Update. We request that these changes W included in your Draft General Plan Update prior to action by your City Council. Should you require additional information please contact me at 949.252.5170 or via email at knpnni a€r.com, Karl A. Rigors€ Executive Officer ec: Airport Land Use Commissioners Alan L, Murphy, Director, JWA Greg Ramirez, City of Newport Beach 0 FROM :EATON RESIDENCE FAX NO. :949-760-1691 Apr. 07 2006 12:10PM P3 COUNCiI, RG N oA . NO.ff hm April 6, 2006 -< aD rn �n 0 a t7nhaeewftcsfool, City of Ne�perrt13aaohPiantilngCommiwYou -.^ rn 3300 Newport Boulevard c) n < Ain4 Di mrtp, tr P.U. BOX 1108 —�i � :2 rn Newport Bock CA 92658.8915 v� O r> � o, Subject; Coatpteat on Draft General Plan Update Nome )h lemtnt DWAfembers of the Planning Commission: John Wayne A*tt has taken the opportunity to reviewpoitions of the City of KvWPOtt Beach's Draft General Plan Update. •We understand that. your Cbtumi><s(on will be conductitrg a hearing on cerrrtia Ehmnents of the Drag (3aneral flan on April 6, 20061 including the »Noise Element We requestibst you bonsider the following cbmmemt9 as part of your Planning Commission proceedings and hw thet you will include these suggeationaas ravish w to your documents. Otprhmatyconcern to John Wayne Airport (JWA) is, the ability to ensure • the coatinaed operation of the airport and to protect -the public *om the edverso abbots df akpcm noise. As the City plans: for its futucm •and considerg ohapge@ tq ltA t3eneral Ilan, we ask that, c4rhpatibility with Ji'VA be fully addtesaed. Sits alarge portion of the City's judsdiWon Ws within airport impact zones as defined by the Airport Zwleaw Land Use P1irn.(dELVP.) for.1WA, California Public Utilities Code Secction21670, and tke'"Height Reatttiodonaae"and "(tntstion Imaihaty Surfaces„ as detlned by the Pedetai Aviation Administration tTAA) PAR Part 77, the City's General Plawshouid.incotporate linguage.to enwe &b?oA compatibility based upon criteria andpolicies defined in these plans and regulations..Specito areas that should be clarified within the Draft Noise Blement are as follows: 1) Polio N3. on page l2-27oftheDraftNoise Eicmentaddressing new opment compatibility with JWA should be revised to read, "Ensure new development is compatible with the noise envlrattatont by using the airport noise contours as conwine{i in the A qvn 1t eoAnwaYh��� Environs Land Use Plan (AEL UPj for,72i'A as the.guido for future cos ,uaa,ra ple_ming and development decisions," 9aaz64eaa 2) -Me ,ll I AELUP states that "All residential units are ineomist4nt in tg.lsa sin Noise Impact Zone'V [65 dB CNE[, and above] unless it can be 9d9.2525178 iJM Ww.v40 abaft Conclusively that such i is are smtlieientiy sovod atteagod • FROM :EATON RESIDENCE FAX NO. :949-760-1691 Apr. 07 2006 12:10PM P4 is fot preseW acid projected noise exposures, which shall be the energy sum mall noise impa044the project, so as net tb exceed 44 interior standard of 45 dB CNEL, with aeoompanying.dMicatito df an avigation easement for noise to.the airportpropiietor applicable to •single familyxesidences, multi-familytesidenees and mobile homes.. .Furthermore, all residential, units are to be sufficien*'Indoor oriented so as to elude noise smpinaementon outddorliVing areas...'r Policy N�onpage 12-27 ofthaDraftNWsoBlemen't, should be revised.to include an additional sentence to ensure compatibility with the above section ofihe,WA AELUP as follows: '`An avigation easement for noise must also be dedicated to the TWA airport proprietor prior to issuance, of building permits, applicable to residential uses within the 65 dB CNEL in accordance whhJWA .4RLUP policy." 3) Policy 3.3 on page 12-27 of the Draft Noise Biement, states that with regar to airport contours, the City of Newport Beach will' Use noise level contours based onthe most likely estimate of futue airport contou(s, rather than on assumptions of less likely future operations in det-Amiuing allowable uses, to the maximum extent allowed by law. (Imp $.1)." This policy should be revised to spcciithat the noise • level contours used will be - the app{oved 1985 JWA Master Plan eontours. -04 page lVZ1 of the Draft Nbis6 Element, correct reference is made to the'"1985 Master Plan for John Wayne Airport" and "the aircraft noise contours that are used for planning.purpu s by the County of Oranp4 and Airport Land Use CommissiQn." Allreferenees in the General Plan Update Elements should specifically -refer to the 1985 JWA Master Plan aircraft contours contained in the.JWA AELUP. 4) Portions of the Draft Land Use -Element show plaemed residential and open space development within the JWA Master Plan 65 0 CNEL contour (Figure.IX23 Airport Area Residential. V1116gos lllu,�ative Coneepf Diagram), The County of Orange and JWA oppose Crew residential development Mfliin this• 65 a CNIM CQutaur and we pt uest that the proposed land use within the contour be revised to reflectnon-residential uses. 5) Figure LU23,:Airport Area Residential Villages •l1luWative Concept l}lag 04 shows both the Settlement A�*i�eement 65 d13 CNEL contour• and the 19$5 Master plan 65• dB m8L contour, The gettlomcnt Agreement contour was not adopted for.planning purposes around , ] WA. The 1985 JWA Master Plan contours should be used in fhe City's General Plan Update. 0 FROM :EATON RESIDENCE FAX NO. :949-760-1691 Apr. 07 20M 12:11PM PS 0 We suggest that the City's policies on nolsp CoritpMtlbility watt! JA't4 coaWnW In thg Gemara! Plan Noise Element coincide with the PfOPON "Airport Compatibility" policies found in -Ike General Plan Lahti Use Eleotent eu page 3.106 and be revised in accordance Vv th the t:ohimeats noted•aboye. SdotionLU 6,15.24 atldrtlses Airport Cotppatibility issues and tcquires "...that all development be constructed within the height limits and residential be located outside Of areas exposed to the 6S dBA CNBL noise contour specided by ibe AirportEnvirohs Land Use Plea WLUP), unless the Clty Council makes appropriate findings for an override in arcoirdanct.with applicable tdw..." We recammsnd the use of the above laogmge throughou"V General Plan to clarify the use of21101985 JWA Mta w Plan 65 dB CNEL noise�contour. Thank You for c0miderhIg these comments and requested revisions to the Draft Gieneral Plea Update prior,to action by your-13ty Council, Should YOU rrgidre additional information please contact lKsti Rigoni at 949,252.5284, or via email atj4gW32yd . %, Sincerely, an L, Mutphy AirpottMector CC: Airport_ Land U'se Commission Greg -Ramirez, City OfNewpottBeach • s P NMAYM AAIMRT Orange County, California Alan L. Murphy Airport Director 3160 Airway Avenue Costa Mesa, CA 92626-4608 949.252.5171 949.252.5178 fax www.ocair.com April 10, 2006 City of Newport Beach City Council 3300 Newport Boulevard P.O. Box 1768 Newport Beach, CA 92658-8915 rsm ,t1, 1:U b r-LANNING D PAB 1 MEN CITY OF NEWPORTBEACI' APR 1'3 2006 PM 71819110111 �12111213141616 Subject: Comment on Draft General Plan Update (Agenda Item 14) Honorable Mayor and City Council Members: Thank you for the opportunity to provide input on the City of Newport Beach General Plan Update. John Wayne Airport (JWA) has recently submitted comments to your Planning Commission which include suggestions for revising portions of your draft General Plan Elements to ensure airport compatibility. I have attached these comments for your Council's consideration. As you know, John Wayne Airport must protect the continued operation of the airport as well as protect the public from the adverse affects of airport noise. As the City plans for its future and considers changes to its General Plan, we ask that careful consideration be given to compatibility with JWA. Should you have any questions or require additional information related to JWA operations, please do not hesitate to contact me. Sincerely, Yirector cc: James W. Silva, Supervisor, District 2 Airport Land Use Commission QH�r�3 MAYM ANRPOU Orange County, California AlanLMurphy Airport Director 3160 Airway Avenue Costa Mesa, CA 92626-4608 949,252.5171 949.252.5178 fax ~..ocairconn � m QN, 0 aT April 6, 2006 City of Newport Beach Planning Commission 3300 Newport Boulevard P.O. Box 1768 Newport Beach, CA 92658-8915 Subject: Comment on Draft General Plan Update - Noise Element Dear Members of the Planning Commission: John Wayne Airport has taken the opportunity to review portions of the City of Newport Beach's Draft General Plan Update. We understand that your Commission will be conducting a hearing on certain Elements of the Draft General Plan on April 6, 2006, including the Draft Noise Element. We request that you consider the following comments as part of your Planning Commission proceedings and hope that you will include these suggestions as revisions to your documents. Of primary concern to John Wayne Airport (JWA) is the ability to ensure the continued operation of the airport and to protect the public from the adverse affects of airport noise. As the City plans for its future and considers changes to its General Plan, we ask that compatibility with JWA be fWly addressed. Since a large portion of the City's jurisdiction falls within airport impact zones as defined by the Airport Environs Land Use Plan (AELUP) for JWA, California Public Utilities Code Section 21670, and the "Height Restriction Zone" and "Obstruction Imaginary Surfaces" as defined by the Federal Aviation.Administration (FAA) FAR Part 77, the City's General Plan should incorporate language to ensure airport compatibility based upon criteria and policies defined in these plans and regulations. Specific areas that should be clarified within the Draft Noise Element are as follows: 1) Policy N 3.1 on page 12-27 of the Draft Noise Element addressing new development compatibility with JWA should be revised to read, "Ensure new development is compatible with the noise environment by using the airport noise contours as contained in the Airport Environs Land Use Plan (AELUP) for JWA as the guide for future planning and development decisions." 2) The JWA AELUP states that "All residential units are inconsistent in Noise Impact Zone "1" [65 dB CNEL and above] unless it can be shown conclusively that such units are sufficiently sound attenuated for present and projected noise exposures, which shall be the energy sum of all noise impacting the project, so as not tb exceed an interior standard of 45 dB CNEL, with accompanying dedication of an avigation easement for noise to the airport proprietor applicable to single family residences, multi -family residences and mobile homes. Furthermore, all residential units are to be sufficiently indoor oriented so as to preclude noise impingement on outdoor living areas..." Policy N 3.2 on page 12-27 of the Draft Noise Element, should be revised to include an additional sentence to ensure compatibility with the above section of the JWA AEL UP as follows: "An avigation easement for noise must also be dedicated to the JWA airport proprietor prior to issuance of building permits, applicable to residential uses within the 65 dB CNEL in accordance with JWA AELUP policy." 3) Policy N 3.3 on page 12-27 of the Draft Noise Element, states that with regard to airport contours, the City of Newport Beach will "Use noise level contours based on the most likely estimate of future airport contours, rather than on assumptions of less likely future operations in determining allowable uses, to the maximum extent allowed by law. (Imp 8.1)." This policy should be revised to specify that the noise level contours used will be the approved 1985 JWA Master Plan contours. On page 12-21 of the Draft Noise Element, correct reference is made to the "1985' Master Plan for John Wayne Airport" and "the aircraft noise contours that are used for planning purposes by the County of Orange and Airport Land Use Commission." All references in the General Plan Update Elements should specifically refer to the 1985 JWA Master Plan aircraft contours contained in the JWA AELUP. 4) Portions of the Draft Land Use Element show planned residential and open space development within the JWA Master Plan 65 dB CNEL contour (Figure LU23 Airport Area Residential Villages Illustrative Concept Diagram). The County of Orange and JWA oppose new residential development within this 65 dB CNEL contour and we request that the proposed land use within the contour be revised to reflect non-residential uses. 5) Figure LU23, Airport Area Residential Villages Illustrative Concept Diagram, shows both the Settlement Agreement 65 dB CNEL contour and the 1985 Master Plan 65 dB CNEL contour. The Settlement Agreement contour was not adopted for planning purposes around JWA. The 1985 JWA Master Plan contours should be used in the City's General Plan Update. L " 6) We suggest that the City's policies on noise compatibility with JWA contained in the General Plan Noise Element coincide with the proposed "Airport Compatibility" policies found in the General Plan Land Use Element on page 3-106 and be revised in accordance with the comments noted above. Section LU 6.15.24 addresses Airport Compatibility issues and requires "...that all development be constructed within the height limits and residential be located outside of areas exposed to the 65 dBA CNEL noise contour specified by the Airport Environs Land Use Plan (AELUP), unless the City Council makes appropriate findings for an override in accoidance.with applicable law..." We recommend the use of the above language throughout the General Plan to clarify the use of the 1985 JWA Master Plan 65 dB CNEL noise contour. Thank you for considering these comments and requested revisions to the Draft General Plan Update prior to action by your City Council. Should you require additional information please contact Kari Rigoni at 949.252.5284 or via email at krigoni(@ocair.com. Sincerely, to., T. Mnmhv / JQFN ]MRT Orange County, California Alan L. Murphy Airport Director 3160 AirwayAvenue Costa Mesa, CA 92626-4608 949.252.5171 949.252.5178 fax www.ocaircom April 20, 2006 City of Newport Beach Planning Commission City of Newport Beach 3300 Newport Boulevard P.O. Box 1768 Newport Beach, CA 92658-8915 rItUL � tuo, HLANNING W PAMMEN CITY OF NEWPORT BEACH APR 2 0 2006 718191101111121112131415 6 Subject: Comment on Draft General Plan Update — Land Use Element Dear Members of the Planning Commission: Thank you for the opportunity to provide comments on the City of Newport Beach Draft General Plan Update. The County of Orange/John Wayne Airport (JWA) respectfully requests consideration of the following comments on the Draft Land Use Element of the General Plan Update to be reviewed at your Planning Commission meeting scheduled for April 20, 2006. Additional comments on Draft Elements may follow when the Commission considers these elements at future meetings. As stated in prior correspondence, the ability of JWA to ensure the continued safe operation of the airport and to protect the public from the adverse affects of airport noise is of primary importance. Therefore, it is important for JWA to work with surrounding cities, including the City of Newport Beach, .to ensure compatible land uses in the vicinity of the airport. In our review of the Draft Land Use Element, we have identified several areas where revisions can be made to ensure compatibility between the airport and City land uses in the area surrounding JWA. We offer comments on the following specific areas that we believe need clarification within the Draft Land Use Element: 1) Figure LU23, Airport Area Residential Villages Illustrative Concept Diagram, shows both the Settlement Agreement 65 dB CNEL contour and the 1985 Master Plan 65 dB CNEL contour. The Settlement Agreement contour was not adopted for planning purposes around JWA. The 1985 JWA Master Plan contours should be used in the City's General Plan Update. 2) The Draft Land Use Element shows planned residential (allowed within the MU-132 designation) and open space development within the JWA Master Plan 65 dB CNEL contour (Figures LU22-Airport Area and LU23- Airport Area Residential Villages Illustrative Concept Diagram). The County of Orange and JWA oppose new residential development within this 65 dB CNEL contour and we request that the proposed land use within the contour be revised to reflect only non-residential uses. I' c93 C,Lr�LL.Jlo ..A a 3) The City's General Plan Land Use Element should incorporate language related to airport compatibility based upon criteria and policies defined in the Airport Environs Land Use Plan (AELUP) for JWA, California Public Utilities Code Section 21670, and the "Height Restriction Zone" and "Obstruction imaginary Surfaces" as defined by the Federal Aviation Administration (FAA) Federal Aviation Regulations (FAR) Part 77. 4) Table LUl (page 3-44) and the Land Use Plan Classifications found on page 3- 46 of the Land Use Element should be updated to incorporate building height restrictions, as specified by the FAA FAR Part 77 regulations, for the land use categories designated Mixed Use B2 and General Commercial (CC-D) in the designated Airport Area. 5) Policy LU 5.3.4, Districts Integrating Residential and Nonresidential Uses, states that Airport Area standards for integrating residential and nonresidential uses are specified by Policy 6.5.10. However, Policy 6.5.10 could not be found within the Land Use Element. 6) On page 3-96 of the Land Use Element there is a Policy Overview section for the Airport Area. Within the overview section the document states that "Housing and mixed -use buildings would be restricted from areas exposed to noise levels of 65 dBA CNEL and higher." When discussing noise contours related to these land use restrictions, the 1985 JWA Master Plan 65 dB CNEL contour as referenced in the JWA AELUP should be specified. We also suggest stating in this section that development within the Airport Area must be in compliance with FAA, Caltrans Division of Aeronautics and ALUC policies and procedures in addition to any City requirements. Reference to these policies, procedures and regulations should also be included within the LU 6.15 Goals on pages 3-97 through 3-107 where applicable to Airport Area development. 7) Within the Implementation Program (Imp) of the General Plan (Chapter 13) under Uses and Density Policy (c) of Imp 2.1 (page 13-7), when discussing development standards for the Airport Area and amending the Zoning Code for Consistency with the approved General Plan, we suggest that both documents address building height restrictions and the need for ALUC, Caltrans Division of Aeronautics and FAA review of projects in this area. 8) Building height restrictions as specified in FAA FAR Part 77 should be included in the Implementation Program of the General Plan, for land uses within the AirportArea, Specifically, on page 13-11 within Imp 3,1, Preparation of New Specific Plans, and within Implementation Plan 4.1, New "Planned Community" Plans. More specific policies are recommended as follows for the City to consider incorporating into the Land Use Element- 2 Height Limitations. Include General Plan policies addressing height limitations on all John Wayne Airport Area development to limit the height of any permanent or temporary structure, to a height under 203.68 feet Above Mean Sea Level ("AMSU'), reference National Geodetic Vertical Datum of 1929 (NGVD 29), consistent with current Orange County Surveyor Adjustment Datum and under the imaginary surfaces as defined by FAA FAR Part 77. Obstruction Lighting and Marking. Include policies addressing lighting and marking on all John Wayne Airport residential development to comply with the conditions and recommendations by the Federal Aviation Administration ("FAA") with respect to obstruction lighting and/or marking consistent with the criteria provided in FAA Advisory Circulars 70/7460-1 and 70/7460-1K. ,disclosure of JWA Proximity: Include policy for occupancy disclosure to be provided in future sales literature and sales/rental/lease agreements for the residential developments stating that the property is located in the vicinity of JWA. .peed Disclosure Notice: Include policy for deed disclosure notification on all John Wayne Airport Area residential development units that require a "Deed Disclosure Notice" of the avigation easement. This disclosure notice must be submitted to the City and signed as a part of each sales/rental/lease agreement. Signage: Include policy for signage on all "John Wayne Airport Area" parks and recreational development that requires every local park, recreational area, and private recreational facility to place appropriate signage indicating the presence of operating aircraft. Thank you for considering these comments and requested revisions to the Draft Land Use Element prior to action by your City Council. Should you require additional information please contact Kari Rigoni at 949.252,5284 or via email at krigonina.ocair.com. Sincerely, Alan L. Murphy Airport Director cc: Airport Land Use Commission Greg Ramirez, City of Newport Beach IVA AMAYM RMRT Orange County, California Alan L. Murphy Airport Director 3160 Airway Avenue Costa Mesa, CA 92626.4608 949.252.5171 949.252.5178 fax www.ocair.com ,-LHNNING DEPARTMEN I :ITY OF NEWPORT BEACH April24,2006 APR2 6,2006 PM City of Newport Beach 819110,11,12111213141616 City Council 3300 Newport Boulevard P.O. Box 1768 Newport Beach, CA 92658-8915 Subject: Comment on Draft General Plan Update (Agenda Item 22) Honorable Mayor and City Council Members: Thank you for the opportunity to provide input on the City of Newport Beach General Plan Update. Attached for your consideration are John Wayne Airport's comments on the Draft Land Use Element, previously submitted to the City's Planning Commission on April 20, 2006. These comments include suggestions for revising portions of the Draft Land Use Element to ensure airport compatibility. It is important that John Wayne Airport and the City continue to work together to protect the operation of the airport, as well as protect the public from the adverse affects of airport noise, by carefully considering compatible land uses within the 65 dB CNEL aircraft noise contour. Should you have any questions or require additional information related to JWA operations, please do not hesitate to contact me. Sincerely, (-0,— ( Ualr— Alan L. Murphy Airport Director cc: James W. Silva, Supervisor, District 2 Airport Land Use Commission Gregg Ramirez, City of Newport Beach P �P �</FOAL ARPORT Orange County, California Alan L. Murphy Airport Director l lWirwayAvenue :osta Mesa, CA 12626.4608 49.252.5171 49.252.5178 fax naw.ocaircom 61FOO April 20, 2006 City of Newport Beach Planning Commission City of Newport Beach 3300 Newport Boulevard P.O. Box 1768 Newport Beach, CA 92658-8915 Subject: Comment on Draft General Plan Update — Land Use Element Dear Members of the Planning Commission: Thank you for the opportunity to provide comments on the City of Newport Beach Draft General Plan Update. The County of Orange/John Wayne Airport (JWA) respectfully requests consideration of the following comments on the Draft Land Use Element of the General Plan Update to be reviewed at your Planning Commission meeting scheduled for April 20, 2006. Additional comments on Draft Elements may follow when the Commission considers these elements at future meetings. As stated in prior correspondence, the ability of JWA to ensure the continued safe operation of the airport and to protect the public from the adverse affects of airport noise is of primary importance. Therefore, it is important for JWA to work with surrounding cities, including the City of Newport Beach, to ensure compatible land uses in the vicinity of the airport. In our review of the Draft Land Use Element, we have identified several areas where revisions can be made to ensure compatibility between the airport and City land uses in the area surrounding JWA. We offer comments on the following specific areas that we believe need clarification within the Draft Land Use Element: 1) Figure LU23, Airport Area Residential Villages Illustrative Concept Diagram, shows both the Settlement Agreement 65 dB CNEL contour and the 1985 Master Plan 65 dB CNEL contour. The Settlement Agreement contour was not adopted for planning purposes around JWA. The 1985 JWA Master Plan contours should be used in the City's General Plan Update. 2) The Draft Land Use Element shows planned residential (allowed within the MU-B2 designation) and open space development within the JWA Master Plan 65 dB CNEL contour (Figures LU22-Airport Area and LU23- Airport Area Residential Villages Illustrative Concept Diagram). The County of Orange and JWA oppose new residential development within this 65 dB CNEL contour and we request that the proposed land use within the contour be revised to reflect only non-residential uses. 3) The City's General Plan Land Use Element should incorporate language related to airport compatibility based upon criteria and policies defined in the Airport Environs Land Use Plan (AELUP) forJWA, California Public Utilities Code Section 21670, and the "Height Restriction Zone" and "Obstruction Imaginary Surfaces" as defined by the Federal Aviation Administration (FAA) Federal Aviation Regulations (FAR) Part 77. 4) Table LUI (page 3-44) and the Land Use Plan Classifications found on page 3- 46 of the Land Use Element should be updated to incorporate building height restrictions, as specified by the FAA FAR Part 77 regulations, for the land use categories designated Mixed Use B2 and General Commercial (CG-D) in the designated Airport Area. 5) Policy LU 5.3.4, Districts Integrating Residential and Nonresidential Uses, states that Airport Area standards for integrating residential and nonresidential uses are specified by Policy 6.5.10. However, Policy 6.5.10 could not be found within the Land Use Element. 6) On page 3-96 of the Land Use Element there is a Policy Overview section for the Airport Area. Within the overview section the document states that "Housing and mixed -use buildings would be. restricted from areas exposed to noise levels of 65 dBA CNEL and higher." When discussing noise contours related to these land use restrictions, the 1985 JWA Master Plan 65 dB CNEL contour as referenced in the JWA AELUP should be specified. We also suggest stating in this section that development within the Airport Area must be in compliance with FAA, Caltrans Division of Aeronautics and ALUC policies and procedures in addition to any City requirements. Reference to these policies, procedures and regulations should also be included within the LU 6.15 Goals on pages 3-97 through 3-107 where applicable to Airport Area development. 7) Within the Implementation Program (Imp) of the General Plan (Chapter 13) under Uses and Density Policy (c) of Imp 2.1 (page 13-7), when discussing development standards for the Airport Area and amending the Zoning Code for Consistency with the approved General Plan, we suggest that both documents address building height restrictions and the need for ALUC, Caltrans Division of Aeronautics and FAA review of projects in this area. 8) Building height restrictions as specified in FAA FAR Part 77 should be included in the Implementation Program of the General Plan, for land uses within the AirportArea. Specifically, on page 13-11 within Imp 3.1, Preparation of New Specific Plans, and within Implementation Plan 4.1, New "Planned Community" Plans. More specific policies are recommended as follows for the City to consider incorporating into the Land Use Element: 2 Height Limitations: Include General Plan policies addressing height limitations on all John Wayne Airport Area development to limit the height of any permanent or temporary structure, to a height under 203.68 feet Above Mean Sea Level ("AMSL"), reference National Geodetic Vertical Datum of 1929 (NGVD 29), consistent with current Orange County Surveyor Adjustment Datum and under the imaginary surfaces as defined by FAA FAR Part 77. Obstruction Lighting and Marking: Include policies addressing lighting and marking on all John Wayne Airport residential development to comply with the conditions and recommendations by the Federal Aviation Administration ("FAA") with respect to obstruction lighting and/or marking consistent with the criteria provided in FAA Advisory Circulars 70/7460-1 and 70/7460-1K. Disclosure of JWA Proximity: Include policy for occupancy disclosure to be provided in future sales literature and sales/rental/lease agreements for the residential developments stating that the property is located in the vicinity of JWA. Deed Disclosure Notice: Include policy for deed disclosure notification on all John Wayne Airport Area residential development units that require a "Deed Disclosure Notice" of the avigation easement. This disclosure notice must be submitted to the City and signed as a part of each sales/rentaMease,agreement. Signage: Include policy for signage on all "John Wayne Airport Area" parks and recreational development that requires every local park, recreational area, and private recreational facility to place appropriate signage indicating the presence of operating aifcraft. Thank you for considering these comments and requested revisions to the Draft Land Use Element prior to action by your City Council. Should you require additional information please contact Karl Rigoni at 949.252.5284 or via email at kriaoni(aocair.com. Sincerely, Alan L. Murphy' Airport Director cc: Airport Land Use Commission Greg Ramirez, City of Newport Beach JIRI RT Orange County, California Alan L. Murphy Airport Director 3160 AirwayAvenue Costa Mesa, CA 926264608 949.252.5171 949.252.5178 fax www.ocair.com rttut, , to 0, PLANNING DEPARTMEN CITY OF NEUJPORT BEACH APR 2 U 2006 April 20, 2006 AM PM ?1819110111 112,112I314,516 City of Newport Beach Planning Commission City of Newport Beach 3300 Newport Boulevard FILE COPY P.O. Box 1768 Newport Beach, CA 92658-8915 Subject: Comment on Draft General Plan Update — Land Use Element Dear Members of the Planning Commission: Thank you for the opportunity to provide comments on the City of Newport Beach Draft General Plan Update. The County of Orange/John Wayne Airport (JWA) respectfully requests consideration of the following comments on the Draft Land Use Element of the General Plan Update to be reviewed at your Planning Commission meeting scheduled for April 20, 2006. Additional comments on Draft Elements may follow when the Commission considers these elements at future meetings. As stated in prior correspondence, the ability of JWA to ensure the continued safe operation of the airport and to protect the public from the adverse affects of airport noise is of primary importance. Therefore, it is important for JWA to work with surrounding cities, including the City of Newport Beach, to ensure compatible land uses in the vicinity of the airport. In our review of the Draft Land Use Element, we have identified several areas where revisions can be made to ensure compatibility between the airport and City land uses in the area surrounding JWA. We offer comments on the following specific areas that we believe need clarification within the Draft Land Use Element: 1) Figure LU23, Airport Area Residential Villages Illustrative Concept Diagram, shows both the Settlement Agreement 65 dB CNEL contour and the 1985 Master Plan 65 dB CNEL contour. The Settlement Agreement contour was not adopted for planning purposes around JWA. The 1985 JWA Master Plan contours should be used in the City's General Plan Update. 2) The Draft Land Use Element shows planned residential (allowed within the MU-B2 designation) and open space development within the JWA Master Plan 65 dB CNEL contour (Figures LU22-Airport Area and LU23- Airport Area Residential Villages Illustrative Concept Diagram). The County of Orange and JWA oppose new residential development within this 65 dB CNEL contour and we request that the proposed land use within the contour be revised to reflect only non-residential uses. F; ryt� 17 3) The City's General Plan Land Use Element should incorporate language related to airport compatibility based upon criteria and policies defined in the Airport Environs Land Use Plan (AELUP) for JWA, California Public Utilities Code Section 21670, and the "Height Restriction Zone" and "Obstruction Imaginary Surfaces" as defined by the Federal Aviation Administration (FAA) Federal Aviation Regulations (FAR) Part 77. 4) Table LUl (page 3-44) and the Land Use Plan Classifications found on page 3- 46 of the Land Use Element should be updated to incorporate building height restrictions, as specified by the FAA FAR Part 77 regulations, for the land use categories designated Mixed Use 132 and General Commercial (CG-D) in the designated Airport Area. 5) Policy LU 5.3.4, Districts Integrating Residential and Nonresidential Uses, states that Airport Area standards for integrating residential and nonresidential uses are specified by Policy 6.5.10. However, Policy 6.5.10 could not be found within the Land Use Element. 6) On page 3-96 of the Land Use Element there is a Policy Overview section for the Airport Area. Within the overview section the document states that "Housing and mixed -use buildings would be restricted from areas exposed to noise levels of 65 dBA CNEL and higher." When discussing noise contours related to these land use restrictions, the 1985 JWA Master Plan 65 dB CNEL contour as referenced in the JWAAELUP should be specified. We also suggest stating in this section that development within the Airport Area must be in compliance with FAA, Caltrans Division of Aeronautics and ALUC policies and procedures in addition to any City requirements. Reference to these policies, procedures and regulations should also be included within the LU 6.15 Goals on pages 3-97 through 3-107 where applicable to Airport Area development. 7) Within the Implementation Program (Imp) of the General Plan (Chapter 13) under Uses and Density Policy (c) of Imp 2.1 (page 13-7), when discussing development standards for the Airport Area and amending the Zoning Code for Consistency with the approved General Plan, we suggest that both documents address building height restrictions and the need for ALUC, Caltrans Division of Aeronautics and FAA review of projects in this area. 8) Building height restrictions as specified in FAA FAR Part 77 should be included in the Implementation Program of the General Plan, for land uses within the Airport Area. Specifically, on page 13-11 within Imp 3.1, Preparation of New Specific Plans, and within Implementation Plan 4.1, New "Planned Community" Plans. More specific policies are recommended as follows for the City to consider incorporating into the band Use Element: Height Limitations: Include General Plan policies addressing height limitations on all John Wayne Airport Area development to limit the height of any permanent or temporary structure, to a height under 203.68 feet Above Mean Sea Level ("AMSL"), reference National Geodetic Vertical Datum of 1929 (NGVD 29), consistent with current Orange County Surveyor Adjustment Datum and under the imaginary surfaces as defined by FAA FAR Part 77. Obstruction Lighting and Marking. Include policies addressing lighting and marking on all John Wayne Airport residential development to comply with the conditions and recommendations by the Federal Aviation Administration ('FAA") with respect to obstruction lighting and/or marking consistent with the criteria provided in FAA Advisory Circulars 70/7460-1 and 70/7460-1K. Disclosure of JWA Proximity: Include policy for occupancy disclosure to be provided in future sales literature and sales/rental/lease agreements for the residential developments stating that the property is located in the vicinity of JWA. Deed Disclosure Notice: Include policy for deed disclosure notification on all John Wayne Airport Area residential development units that require a "Deed Disclosure Notice" of the avigation easement. This disclosure notice must be submitted to the City and signed as a part of each sales/rental/lease agreement. Signage: Include policy for signage on all "John Wayne Airport Area" parks and recreational development that requires every local park, recreational area, and private recreational facility to place appropriate signage indicating the presence of operating aifcraft. Thank you for considering these comments and requested revisions to the Draft Land Use Element prior to action by your City Council. Should you require additional information please contact Kari Rigoni at 949.252.5284 or via email at krigonina.ocair.com. Sincerely, Alan L. Murphy Airport Director cc: Airport) and Use Commission Greg Ramirez, City of Newport Beach 3 ._4 AIRPORT LAND USE COMMISSION FOR ORANGE COUNTY 3160 Airway Avenue • Costa Mesa, California 92626 - 949.252.5170 fax: 949.252.6012 April 24, 2006 City of Newport Beach City Council 3300 Newport Boulevard P.O. Box 1768 Newport Beach, CA 92658-8915 lL4C. MUD, r'LAIVNING 17i_PAR7MEN i CITY OP Pi -WPOPT °EACP AM APR 2 6,2006 PM y 81g110111112111213141516 Subject: Comment on Draft General Plan Update — Land Use Element Honorable Mayor and City Council Members: The Orange County Airport Land Use Commission (ALUC) offers the following comments on the City of Newport Beach Draft General Plan Update for your consideration. Our current comments focus primarily on the Draft General Plan Land Use Element that is agendized for your April 25, 2006 City Council meeting. As noted in prior comments to the City, Figure LU23 Airport Residential Villages Illustrative Concept Diagram shows both the Settlement Agreement 65 dB CNEL contour and the 1985 •JWA Master Plan 65 dB CNEL contour. The Settlement Agreement contour was not adopted for planning purposes around JWA, nor included in the•JWA AELUP. In order to be consistent with the AELUP for JWA, the General Plan should reference the. JWA Master Plan 65 dB CNEL contour contained in this AEL UP. The Draft Land Use Element shows planned residential (contained within•the MU-132 designation) and open space development within the-1985-JWA Master Plan 65 dB CNEL contour (Figures LU22-Airport Area and LU23-Airport Area Residential Villages Illustrative Concept Diagram). We request that the proposed land uses within the contour be revised to reflect only non-residential uses. Table LUl: Land Use Plan Classifications found on page 3-46 of the Land Use Element should be updated to incorporate building height restrictions, as specified by the Federal Aviation Administration (FAA) Federal Aviation Regulations (FAR) Part 77, for the land use category Mixed Use B2. The majority of the Airport Area is within this Mixed Use B2 designation. The Airport Area also contains General Commercial (CG-D) land use designations. We recommend that Table LU I on page 3-44 of the Land Use Element be updated to incorporate building height restrictions, as specified by FAA FAR Part 77, for development in this area. City of Newport Beach April 24, 2006 Page 2 Policy LU 5.3.4: Districts Integrating Residential and Nonresidential Uses, states that Airport Area standards for integrating residential and nonresidential uses are specified by Policy 6.5.10. However, Policy 6.5.10 could not be found within the Land Use Element. On page 3-96 of the Land Use Element there is a Policy Overview section for the Airport Area. Within the overview section the document states that "Housing and mixed -use buildings would be restricted from areas exposed to noise levels of 65 dBA CNEL and higher." When discussing noise contours, specify the CNEL contour referenced in the AELUP for JWA. We also suggest stating in this section that development within the Airport Area must be in compliance with Federal Aviation Administration, Caltrans Division of Aeronautics and ALUC policies and procedures in addition to any City requirements. Reference to these policies, procedures and regulations should also be included within the LU 6.15 Goals on pages 3-97 through 3-107 where applicable to Airport Area development. Within the Implementation Program (Imp) of the General Plan (Chapter 13) under Uses and Density Policy (c) of Imp 2.1 on page 13-7, when discussing development standards for the Airport Area and amending the Zoning Code for consistency with the approved' ' General. Plan, we suggest that both documents address height restrictions and the need for ALUC, Caltrans Division of Aeronautics and FAA to review projects in this area. Throughout the Implementation Program of the General Plan, we recommend referencing building height restrictions as specified in the FAA FAR Part 77, for the Airport Area. The Airport Area discussions on page 13-11 within Imp 3.1, Preparation of New Specific Plans, and within Implementation Plan 4.1, New "Planned Community" Plans, should contain such references. Thank you for considering these comments on the Draft General Plan Update Land Use Element. We request that these changes be included in your future revisions to the Draft General Plan Update prior to your approval of the document. Should you require additional information please contact me at 949.252.5170 or via email at krigoni@ ocair.com. Sincerely, Kan A. Rigoni t10 Executive Officer cc: Airport Land Use Commissioners Alan L. Murphy, Director, JWA Gregg Ramirez, City of Newport Beach �-t CITY OF NEWPORT BEACH PLANNING DEPARTMENT Patricia L. Temple, Director May 10, 2006 Airport Land Use Commission Kari Rigoni 3160 Airway Avenue Costa Mesa, CA 92626 Subject: City of Newport Beach General Plan Update Ms. Rigoni, This letter provides an update to the City's ongoing General Plan Update process related to comments received by the Airport Land Use Commission. As a result of the ongoing public hearings, the City Council has directed City staff to make following revisions to the draft General Plan. The proposed General Plan, including exhibits, will be revised to only reference the 65 dBA CNEL line specified in the AELUP Master Plan. The Settlement Agreement line and any references to it will be removed. 2. The plan will be revised to address ALUC's comment on Policy N3.1. The revised draft language reads as follows: N 3.1 New Development Ensure new development is compatible with the noise environment by using the airport noise contour maps defined by the JWA AELUP as guides to future planning and development decisions. (Imp 2.1, 3.1, 4.1 12.1) 3. The Plan will be revised to include a policy that restricts residential development within the 65 dBA CNEL noise contour specified in the AELUP. The revised draft language reads as follows: N 3.2 Residential Development Require that residential development in the Airport Area be located outside of areas exposed to the 65 dBA CNEL noise contour specified by the Airport Environs Land Use Plan (AELUP), unless the City 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658-8915 Telephone: (949) 644-3200 • Fax: (949) 644-3229 • www.city.newport-beach.ca.us Council makes appropriate findings for an override in accordance with applicable law. Similar language will be incorporated in the Land Use Element and the land use designation will be changed from Mixed -Use to a non-residential designation on the land use maps. The elimination of residential uses from these areas appears to negate the need for a policy regarding the dedication of avigation easements for such uses. 4. The Plan will be revised to include polices that achieve the following: • Building height in accordance with FAA Regulations • All development in accordance with FAA, Caltrans and ALUC policies Lighting and marking on residential development comply with applicable FAA regulations. • Developments will include deed disclosure notice, disclosure of JWA proximity notification and park signage indicating the presence of operating aircraft, in accordance with AELUP polices. In closing, we believe that by incorporating the changes outlined in this letter that the City's General Plan addresses the issues raised by the ALUC in the letters dated April 10 2006 and April 24, 2006. Thank you for your continued cooperation during this process and please let me know if you have any questions regarding the General Plan Update. Sincerely, Gregg Ramirez Senior Planner 949-644-3219 gramirez@city.newport-beach.ca.us AIRPORT LAND USE COMMISSION GRANGE COUNTY FOR ORANGE COUNTY 3160 Airway Avenue • Costa Mesa, California 92626 - 949.2S2.5170 fax: 949.252.6012 FILE COPY April 20, 2006 City of Newport Beach Planning Commission City of Newport Beach 3300 Newport Boulevard P.O. Box 1768 Newport Beach, CA 92658-8915 OtUb to t ) PLANNING DtPAR THEN ; CITY OF NRIPORT BEACH APR 2 0 2006 71819110111,12,1121314I516 Subject: Comment on Draft General Plan Update — Land Use Element Dear Members of the Planning Commission: The Orange County Airport Land Use Commission (ALUC) offers thefollowing comments on the City of Newport Beach Draft General Plan Update for your consideration. Our comments focus primarily on the Draft General Plan Land Use Element that is agendized for the April 20, 2006 Planning Commission hearing. Additional comments on other Elements will follow, based;upon.your:hearing,schedule for these Elements. Figure LU23; Airport Residential Villages Illustrative -Concept Diagram, shows ;both the Settlement Agreement 65 dB CNEL contour and the 1985 Master Planr•65 dB CNEL contour. The Settlement Agreement contour was not adopted for planning purposes around JWA, nor included in the JWA AELUP: To remain consistent with the AELUP for JWA, the 1985 JWA Master Plan contours should be used in the General PlanUpdate. The Draft Land Use Element shows planned residential'(all'owe&-withiri'tlie MU-B2 designation) and open -space development within the JWA Master Plan 65-dB CNEL contour (Figures LU22-Airport Area and -LU23-Airport Area Residential Villages Illustrative Concept Diagram). We request that the proposed land uses within the contour be revised to reflect only non-residential uses. Table LUI: Land Use Plan Classifications found on page 3-46 of the Land Use Element should be updated to incorporate building height restrictions, as specified by the Federal Aviation Administration (FAA) Part 77 regulations, for the land use category Mixed Use B2. The majority of the Airport Area is within this Mixed Use B2 designation. The Airport Area also contains General Commercial (CG-D) land use designations. We recommend that Table LU 1 on page 3-44 of the Land Use Element be updated to incorporate building height restrictions, as specified by FAA Part 77 regulations, for development in this area. Policy LU 5.3.4: Districts Integrating Residential and Nonresidential Uses, states that Airport Area standards for integrating residential and nonresidential uses are specified by Policy 6.5.10. However, Policy 6.5.10 could not be found within the Land Use Element. On page 3-96 of the Land Use Element there is a Policy Overview section for the Airport Area. Within the overview section the document states that "Housing and mixed -use buildings would be restricted from areas exposed to noise levels of 65 dBA CNEL and higher." When discussing noise contours, specify the 1985 JWA Master Plan 65 dB CNEL contour referenced in the JWA AELUP. We also suggest stating in this section that development within the Airport Area must be in compliance with Federal Aviation Administration, Caltrans Division of Aeronautics and ALUC policies and procedures in addition to any City requirements. Reference to these policies, procedures and regulations should also be included within the LU 6.15 Goals on pages 3-97 through 3- 107 where applicable to Airport Area development. Within the Implementation Program (Imp) of the General Plan (Chapter 13) under Uses and Density policy (c) of Imp 2.1 on page 13-7, when discussing development standards for the Airport Area and amending the Zoning Code for Consistency with the approved General Plan, we suggest that both documents address height restrictions and the need for the ALUC, Caltrans Division of Aeronautics and the FAA to review projects in this area. Throughout the Implementation Program of the General Plan, we recommend referencing building height restrictions as specified in the FAA Federal Aviation Regulations (FAR) Part 77, for the Airport Area. The Airport Area discussions on page 13-11 within Imp 3.1: Preparation of New Specific Plans and within Implementation Plan 4.1: New "Planned Community" Plans should contain such references. Thank you for considering these comments on the Draft General Plan Update. We request that these changes be included in your Draft General Plan Update prior to action by your City Council. Should you require additional information please contact me at 949.252.5170 or via email at krigoni@ ocair.com. Sincerely, �i�zejt Kari A. Rigoni � Executive Officer cc: Airport Land Use Commissioners Alan L. Murphy, Director, JWA Greg Ramirez, City of Newport Beach AIRPORT LAND USE COMMISSION FOR ORANGE COUNTY 3160 Airway Avenue • Costa Mesa, California 92626 - 949.252.5170 fax: 949.252.6012 MINUTES OF MEETING April 20, 2006 PLACE: John Wayne Airport Administration Building Airport Commission Hearing Room 3160 Airway Avenue Costa Mesa, California 92626 TIME: Regular Meeting called to order at 4:00 p.m. by Chairman Bresnahan PRESENT: Herman Beverburg, Jerry Bresnahan, Melody Carruth, Jon Dumitru, Leonard Kranser, and Don Webb Commissioner Absent: Commissioners R. Propst and T. O'Malley Alternate Commissioner Present: S. Beverburg STAFF PRESENT: Kari A. Rigoni, Executive Officer Lea Umnas, Admin. Manager — Planning Sue Tanner - Secretary PLEDGE: Chairman Bresnahan led all present in the Pledge of Allegiance APPROVAL OF MINUTES: On the motion and second of Commissioners Dumitru and Webb, the March 16, 2005 regular meeting minutes were approved, as written, by Commissioners H. Beverburg, Carruth, Dumitru, and Webb with Commissioner Bresnahan abstaining. ALUC Minutes Page 2 April 20, 2006 NEW BUSINESS: 1. City of Newport Beach — Request for Consideration of Proposed Land Rover Newport Beach Service Center located at 2101 Dove Street (between Campus Drive and Birch Streetl: Staff Planner Lea Umnas presented this item and outlined the physical attributes of the project. She introduced Miguel Ibarra, present in the audience to represent Land Rover/Jaguar, the organization that is leasing the subject property. Chairman Bresnahan commented that while the current building height is 24 ft., he is concerned about the long-term use of the property and the possibility that if the height would increase in the fixture, the City of Newport Beach may or may not send the project back to the Commission for a Consistency finding. After further discussion by the Commission, and on the motion and second of Commissioners Webb and Caxruth, the recommended action was approved by a vote of 5 to 1, with Commissioners Bresnahan, Carruth, Dumitru, Kranser and Webb voting yes and Commissioner Beverburg voting no. 2. City of Irvine — Workshop on Consistency with the Airport Environs Land Use Plan (AELUP) for John WavneAiraort: Ms. Lea Umnas reviewed the analysis by staff of the City of Irvine General Plan for consistency with the Airport Environs Land Use Plan (AELUP) for John Wayne Airport. A summary of each element of the City's General Plan was presented to the Commission and comments made by Ms. Umnas regarding staff recommendations to be made to the Plan. After discussion by the Commission, the recommendation was made to change the wording regarding noise contours to read: "That the noise contours must be those that are specified in the -most currently approved, applicable AELUP for JWA." While the Chairman questioned the Commission voting in a workshop environment, the Commission voted 4 to 2 to accept the changed wording. Commissioner Webb motioned to accept the staff recommendation with the amended wording and the motion was seconded by Commission Carruth. The Commission voted 5 to 1 to approve the motion with Commissioner Beverburg voting no. Chairman Bresnahan discussed recent issues related to a project in the Irvine Business Center (IBC), the Maguire project, that because of the City of Irvine's process for IBC projects, did not come to the ALUC for review. This current project building height is substantially higher than the original development -proposal and yet was not submitted to the ALUC for review. David Law, the representative from the City's Community Development Department was present at the meeting. ALUC Minutes Page 3 April 20, 2006 3. Revisions to Rules of Procedures (Bylaws): Executive Officer Rigoni discussed the proposed Bylaws revisions distributed to the Commissioners for review. After a discussion and suggestions for changes were made, the Commission agreed to send the Bylaws to County Counsel for review. With a motion by Commissioner Dumitru and a second by Alternate Commissioner Kranser to continue the item to the next meeting, the motion passed unanimously. ONGOING BUSINESS: 4. Administrative Status Report Executive Officer Rigoni discussed the various items included in this Agenda Item. Alternate Commission Kranser commented on the need for revisions to the current AELUP for JWA. 5. Proceedings With Consistent Agencies: The Executive Officer reported no changes. 6. Proceedings With Inconsistent Agencies: The Executive Officer reported no changes. 7. Items of Interest to the Commissioners: Commissioner Kranser questioned the formation of the sub -committee for the amendment to the AELUP for JWA and read a prepared statement. Chairman Bresnahan stated that the sub -committee had now been constituted and the updates of the meetings of this sub -committee would be presented under "Items of Interest to the Commissioners." Commissioner Carruth questioned the selection of the member on the sub -committee and if there was a conflict of interest. Chairman Bresnahan stated that he felt that the presentation of the proposed AELUP amendment to the Commission would not occur before November and encouraged all of the Commissioners to submit their positions, suggestion and concerns to any of the sub -committee members for consideration. 7. Items of Interest to the Public: No one else from the public wished to address the Commission. ADJOURNMENT: There being no further business before the Commission, the meeting was adjourned at 5:00 p.m. Respectfully submitted �^ , Kan A. Rigoni Executive Officer April 28, 2006 Airport Land Use Commission Karl Rigoni 3160 Airway Avenue Costa Mesa, CA 92626 Ms. Rigoni, PLANNING DEPARTMENT Patricia L. Temple, Director F/It C apY The City of Newport Beach requests that the Airport Land Use Commission place the City's draft general plan on their May agenda. As you know, the Planning Commission and City Council have begun holding public hearings which will continue through July 2006. Both bodies have reviewed the comments submitted by John Wayne Airport and the ALUC and have directed staff to modify the plan to address concerns related to noise, building height and residential land uses located within the 1985 AELUP 65 dB CNEL noise contour. However, public hearings have not yet been completed and more changes may be made at future hearings. We will provide you with a written update that outlines the changes made to date in the next several working days. Will also keep you apprised of any changes made prior to the May 18, 2006 ALUC hearing. We have attached a copy of the draft general plan for your use. Please let me know if any additional information is required to be placed on the May 18, 2006 agenda or if I can be of further assistance. SinceZ Icy/ " -47 Gregg Ramirez Senior Planner 949-644-3219 gramirez@city.newport-beach.ca.us 3300 Newport Boulevard • Post Office Boa 1768 • Newport Beach, California 92658-8915 Telephone: (949) 644-3200 • Fax: (949) 644-3229 • www.city.newport-beach.ca.us ORANGE COUNTY AIRPORT LAND USE COMMISSION FOR ORANGE COUNTY 3160 Airway Avenue • Costa Mesa, California 92626 - 949.252.5170 fax: 949.252.6012 R909W96 Olt PLANNING BEPARiMENT MAY 22 2007 May 17, 2007 CITY OF NEWPORT BEACH Mr. Greg Ramirez, Senior Planner City of Newport Beach Planning Department 3300 Newport Boulevard PO Box 1768 Newport Beach, CA 92658-8915 Dear Mr. Ramirez: At the May 18, 2006 Airp6rt Land Use Commission meeting, the Commission voted to approve the staff recommendation to: 1) Direct staff to submit additional comments to the City of Newport Beach based upon the Commission's direction; and 2) Continue theitiem to the regular ALUC meeting of J,'une 15, 2006 for final action on Consistencyllnconsistency of the City of Newport Beach G/eneral Plan. P t;' , -r.; \, At the June 15, 2006 meeting, the City of Newport Beach requested to withdraw the request to review the Newport Beach General Plan.atthat tune.,.The item was agendized for the July 20, 2006 meeting and the Commission found the CityoNewport,Beach-Ggneral•Plan Consistent with the AELUP'for JWA and the ABEUPP�p I eliports;,jsubjecfto General Plan approval by the city of Newport'Beach. The General Plan,,was approved by the -voters of Newport Beach in the General Election of the City of Newport F Consistent agency rrNn-oernher-9'-20�6" Therefore-the'City' fi ewnort-Beach is now a Sincerely, 4KiA. Rigom Executive Officer Attachment > JRANGE COUNTY AIRPORT LAND USE COMMISSION FOR ORANGE COUNTY 3160 Airway Avenue • Costa Mesa, California 92626 - 949.252.5170 fax: 949.252.6012 REGULAR MEETING OF THE AIRPORT LAND USE COMMISSION FOR ORANGE COUNTY Thursday, May 18, 2006 TIME: 4:00 p.m. PLACE':"'"JAii'Wayne Airport Administration Bldg. 3160 Airway Avenue SUBJECT: Regular Meeting Costa Mesa, CA ' . Airport Commission Hearing Room NOTICE PERSONS ADDRESSING THE COMMISSION ARE.REQUESTED,TQ GIVE THEIRNAMES AND ADDRESSES FOR THE RECORD. EXCEPT AS OTHERWISE PROVIDED BY LAW, NO ACTION WILL BE TAKEN ON ANY ITEM NOT APPEARING IN THE FOLLOWING AGENDA. THE REG,OWI TENDED ACTIONS STATED jN THE AGENDA ITEM OR UNDERLYING STAFF REPORTS SIMPLY REFLECT THE RECOMMENDATION OF THE COMMISSION STAFF AND THE DISCUSSION AND ACTION TAKEN BY THE COMMISSION MAY DEVIATE THEREFROM. AT THE CONCLUSION OF THE MEETING ONITEMS LISTED IN TWS AGENDA, MEMBERS OF THE PUBLIC MAY ADDRESS THE COMMISSION ON ITEMS' OF INTEREST TO THE PUBLIC THAT ARE WITHIN THE SUBJECT MATTER JURISDICTION -OF THE COMMISSION. AGENDA ORDER: PLEDGE: APPROVAL OF MINUTES: Regular Meeting of April 20, 2006: (Commissioners Present: Jerry Bresnahan, Herman Beverbutg, Melody Carruth, Don Webb and Jon Dumitru) (Commissioners Absent: Rod Propst, Tom O'Malley) (Alternate Commissioners Present: S. Bevetburg, Leonard Kranser) I ✓ ALUC Agenda Page 2 May 18, 2006 NEW BUSINESS: 1. City of Irvine — Request for Consideration of the Proposed Residential Condominium Proiect located at 2323 Main Street: The City of Irvine has requested consideration of a Consistency determination with the JWA AELUP, pursuant to Section 21676(b) of the CALIFORNIA PUBLIC UTILITIES CODE (PUC), for the Residential Condominium Project located at 2323 Main Street. The proposed project includes the adoption of a General Plan amendment, zone change, and conditional use permit. The General Plan amendment would increase the residential unit cap in the IBC by 445 dwelling units, and decrease nonresidential square footage by 240,014 square feet. The zone change would change the designation of the project site from 5.1 IBC Multi -Use to 5.3C IBC Residential. Recommendation. That the Commission find the City of Irvine 2323 Main Street residential condominium project to be Consistent with the JWA AELUP, 2. City of Irvine — Request for Consideration of the Proposed Avalon Jamboree Villaue.Proiect located at 2701 Alton Parkway: The City of Irvine has requested consideration of a Consistency determination with the JWA AEL UP, pursuant to Section 21676(b) of the CALIFORNIA PUBLIC UTILITIES CODE (PUC), for the development of 280 residential condominium dwelling units located at 2701 Alton Parkway within the Irvine Business Complex (IBC), Planning Area 36. The ,proposed project includes the adoption of a Subsequent Draft Environmental Impact Report (DEIR), general plan amendment, zone change, conditional use permit, tentative tract map, and park plan. The general plan amendment is required to increase the residential cap in the General Plan for the IBC and increase the density within the ,Urban and Industrial land use category. The zone change will rezone the site from 5.1 IBC Multi -Use to 5.3D IBC Residential and will also increase the number of residential units in the IBC and increase the density of units per acre. Recommendation: That the Commission find the City of Irvine 2701 Alton Parkway residential project to be Consistent with the JWA AELUP. 3. City of Irvine — Request for Consideration of the Proposed Martin Street Condominium Proiect located at 18831 Von Karman Avenue: The City of Irvine has requested consideration of a Consistency determination with the JWA AEL UP, pursuant to Section 21676(b) of the CALIFORNIA PUBLIC UTILITIES CODE (PUC), for the 18831 Von Karman Avenue Condominium project. The proposed project consists of the development of 82 multifamily residential units located in Planning Area 36 of the Irvine Business Complex (IBC). The proposed project includes the adoption of a General Plan amendment, zone change, conditional use permit, park plan, tentative tract map, shared parking agreement and transfer of development rights (TDR). The General Plan amendment would increase the residential unit cap in the IBC by 82 dwelling units, and decrease nonresidential square footage by 87,991 square feet. The zone change would change the designation of the project site from 5.1 IBC Multi -Use to 5.3C IBC Residential. _ (0h ALUC Agenda Page 3 ef ,A�(01- May 18,2006 Recommendation: C� U. That the Commission find the City of Irvine Martin Street Residential Project to be Consistent with the JWAAELUP. 4. City of Newport Beach — reviewed for Consistency with Applicable Airport Environs Land Use Plans (AELUPs). Per Public Utilities Code (PUC) 21676(a) the City of Newport Beach has requested that the Airport Land Use Commission (ALUC) review its general plan update for consistency with the AELUP for JWA and the AEL UP for Heliports. Recommendation: That the Commission: 1) Direct staff to submit additional comments to the City of Newport Beach based upon the Commission's direction; and 2) Continue the item to the regular ALUC meeting of June 15, 2006 for final action on Consistency/Inconsistency of the City of Newport Beach General Plan. 5. Revisions to Rules of Procedure (Bylaws): Request for Airport Land Use Commission to consider proposed update/revisions to Bylaws (last amended in April 1999). Recommendation: That the Commission 1) review the proposed changes, 2) provide any additional revisions, and 3) approve proposed amendments to the Rules of Procedure (Bylaws). 6. Election of Officers: In accordance with Article IV, Section 4.1 of the Rules of Procedure (Bylaws) of the Airport Land Use Commission for Orange County, the members of the Commission shall elect a Chairman and Vice Chairman annually at the first regular meeting of the Commission held in May. Recommendation: Select Airport Land Use Commission Chairman and Vice Chairman. 7. Administrative Status Report Receive and file memo regarding various administrative activities/issues, Commission correspondence sent/received, and pending project reviews. 8. Proceedines with Consistent Agencies: Aliso Viejo (April 15, 2004), Anaheim, Buena Park, Costa Mesa (October 17, 2001), Cypress (August 16, 2001), Fullerton (June 17, 2004), Garden Grove, Huntington Beach, Irvine, Laguna Hills, Los Alamitos, Mission Viejo, Stanton, Tustin, Westminster, and County of Orange. 9. Proceedings with Inconsistent Agencies: Laguna Woods (April 19, 2001), Lake Forest (January 17, 2002), Newport Beach, Santa Ana, and Seal Beach. ALUC Agenda Page 4 May 18, 2006 10. Items of Interest to the Commissioners: Commissioners may comment on agenda or non -agenda matters, and ask questions of or give directions to staff, provided that no action may be taken on off - agenda items. 11. Items of Interest to the Public: Members of the public may address the Commission regarding any item within the subject matter jurisdiction of the Airport Land Use Commission provided that no action may be taken on off -agenda items unless authorized by law. ADJOURNMENT: Next Regular Meeting: June 15, 2006 7RANGE CCs.INTI April 24,2006 AIRPORT LAND USE COMMISSION FOR ORANGE COUNTY 3160 Airway Avenue • Costa Mesa, California 92626 - 949,252.SI70 fax: 949.252.6012 City of Newport Beach City Council 3300 Newport Boulevard P.O. Box 1768 Newport Beach, CA 92658-8915 "RECE17Ah7ER AG NDA Pii'iAra. Z , D(� Subject: Comment on Draft General Plan Update — Land Use Element Honorable Mayor and City Council Members: The Orange County Airport Land Use Commission (ALUC) offers the following comments on the City of Newport Beach Draft General Plan Update for your consideration. Our current comments focus primarily on the Draft General Plan Land Use Element that is agendized for your April 25, 2006 City Council meeting. As noted in prior comments to the City, Figdre LU23 Airport Residential Villages Illustrative Concept Diagram shows both the Settlement Agreement 65 dB CNEL contour and the 1985 JWA Master Plan 65 dB CNEL contour. The Settlement Agreement contour was not adopted for planning purposes around JWA, nor included in the JWA AEL UP. In order to be consistent with the AELUP fog• JWA, the General Plan should reference the JWA Master Plan 65 dB CNEL contour contained in this AEL UP. -W a d k'Vs The Draft L an d Use Element shows planned residential (contained within the MU-B2 designation) and open space development within the 1985 JWA Master Plan 65 dB CNEL contour (Figures LU22-Airport Area and LU23-Airport Area Residential Villages Illustrative Concept Diagram). We request that the proposed land uses within the contour be revised to reflect only non-residential usesm wk v,' Table LUI: Land Use Plan Classifications found on page 3-46 of the Land Use Element should be updated to incorporate building height restrictions, as specified by the Federal Aviation Administration (FAA) Federal Aviation Regulations (FAR) Part 77, for the land use category Mixed Use B2. The majority of the Airport Area is within this Mixed Use B2 designation. The Airport Area also contains General Commercial (CG-D) land use designations. We recommend that Table LU I on page 3-44 of the Land Use Element be updated to incorporate building height restrictions, as specified by FAA FAR Part 77, for development in this area. City of Newport Beach April 24, 2006 Page 2 Policy LU 5.3.4: Districts Integrating Residential and Nonresidential Uses, states that Airport Area standards for integrating residential and nonresidential uses are specified by Policy 6.5.10. However, Policy 6.5.10 could not be found within the Land Use Element. On page 3-96 of the Land Use Element there is a Policy Overview section for the Airport Area. Within the overview section the document states that "Housing and mixed -use buildings would be restricted from areas exposed to noise levels of 65 dBA CNEL and higher." When discussing noise contours, specify the CNEL contour referenced in the AELUP for JWA. We also suggest stating in this section that development within the Airport Area must be in compliance with Federal Aviation Administration, Caltrans Division of Aeronautics and ALUC policies and procedures in addition to any City requirements. Reference to these policies, procedures and regulations should also be included within the LU 6.15 Goals on pages 3-97 through 3-107 where applicable to Airport Area development. Within the Implementation Program (Imp) of the General Plan (Chapter 13) under Uses and Density Policy (c) of Imp 2.1 on page 13-7, when discussing development standards for the Airport Area and amending the Zoning Code for consistency with the approved General.Plan, we suggest that both documents address height restrictions and the need for ALUC, Caltrans Division of Aeronautics and FAA to review projects in this area. Throughout the Implementation Progratri of the General Plan, we recommend referencing building height restrictions as specified in the FAA. FAR Part 77, for the Airport Area, The Airport Area discussions on page 13-11 within Imp 3.1, Preparation of New Specific Plans, and within Implementation Plan 4.1, New "Planned Community" Plans, should contain such references. Thank you for considering these comments on the Draft General Plan Update Land Use Element. We request that these changes be included in your future revisions to the Draft General Plan Update prior to your approval of the document. Should you require additional information please contact me at 949.252.5170 or via email at krigoni® ocair.com. Sincerely, Karl A. igo i Executive Officer cc: Airport Land Use Commissioners Alan L. Murphy, Director, JWA Gregg Ramirez, City of Newport Beach A RMRT Orange County, California Alan L. Murphy Airport Director 3160 Airway Avenue Costa Mesa, CA 92626-4608 949.252.5171 949.252.5178 fax www.ocaircom "RECEIVED AFTER AGENDA PRINTED:" 22 U-N. April 24, 2006 City of Newport Beach City Council 3300 Newport Boulevard P.O. Box 1768 Newport Beach, CA 92658-8915 Subject: Comment on Draft General Plan Update (Agenda Item 22) Honorable Mayor and City Council Members: Thank you for the opportunity to provide input on the City of Newport Beach General Plan Update. Attached for your consideration are John Wayne Airport's comments on the Draft Land Use Element, previously submitted to the City's Planning Commission on April 20, 2006. These comments include suggestions for revising portions of the Draft Land Use Element to ensure airport compatibility. It is important that John Wayne Airport and the City continue to work together to protect the operation of the airport, as well as protect the public from the adverse affects of airport noise, by carefully considering compatible land uses within the 65 dB CNEL aircraft noise contour. Should you have any questions or require additional information related to JWA operations, please do not hesitate to contact me. Sincerely, Alan L. Murphy Airport Director cc: James W. Silva, Supervisor, District 2 Airport Land Use Commission C'�® Gregg Ramirez, City of Newport Beach = T co0 m 0o m rn-1--t t,= N in c" a� l!i ti� O m0 P c�M N wx OrangeCounry, California AknL.Murphy Airport Director 3160 Airway Avenue Costa Mesa, CA 92626.4608 949.252.5171 949.252.5178 fax www,ocaircom April 20, 2006 City of Newport Beach Planning Commission City of Newport Beach 3300 Newport Boulevard P.O. Box 1769 Newport Beach, CA 92658.8915 Subject: Comment on Draft General Plan Update — Land Use Element Dear Members of the Planning Commission: Thank you for the opportunity to provide comments on the City of Newport Beach Draft General Plan Update. The County of Orange/John Wayne Airport (JWA) respectfully requests consideration of the following comments on the Draft Land Use Element of the General Plan Update to be reviewed at your Planning Commission meeting scheduled for April 20, 2006. Additional comments on Draft Elements may follow when the Commission considers these elements at future meetings. As stated in prior correspondence, the ability of JWA to ensure the continued safe operation of the airport and to protect the public from the adverse affects of airport noise is of primary importance. Therefore, it is important for JWA to work with surrounding cities, including the City of Newport Beach, to ensure compatible land uses in the vicinity of the airport. In our review of the Draft Land Use Element, we have identified several areas where revisions can be made to ensure compatibility between the airport and City land uses in the area surrounding JWA. We offer comments on the following specific areas that we believe need clarification within the Draft Land Use Element: 1) Figure LU23, Airport Area Residential Villages Illustrative Concept Diagram, shows both the Settlement Agreement 65 dB CNEL contour and the 1985 Master Plan 65 dB CNEL contour. The Settlement Agreement contour was not adopted for planning purposes around JWA. The 1985 JWA Master Plan contours should be used in the City's General Plan Update. 2) The Draft Land Use Element shows planned residential (allowed within the MU-132 designation) and open space development within the JWA Master Plan 65 dB CNEL contour (Figures LU22-Airport Area and LU23- Airport Area Residential Villages Illustrative Concept Diagram). The County of Orange and JWA oppose new residential development within this 65 dB CNEL contour and we request that the proposed land use within the contour be revised to reflect only non-residential uses. Mi rf 3) The City's General Plan Land Use Element should incorporate language related to airport compatibility based upon criteria and policies defined in the Airport Environs Land Use Plan (AELUP) for JWA, California Public Utilities Code Section 21670, and the "Height Restriction Zone" and "Obstruction Imaginary Surfaces" as defined by the Federal Aviation Administration (FAA) Federal Aviation Regulations (FAR) Part 77. 4) Table LUl (page 3-44) and the Land Use Plan Classifications found on page 3- 46 of the Land Use Element should be updated to incorporate building height restrictions, as specified by the FAA FAR Part 77 regulations, for the land use categories designated Mixed Use B2 and General Commercial (CG-D) in the designated Airport Area. 5) Policy LU 5.3.4, Districts Integrating Residential and Nonresidential Uses, states that Airport Area standards for integrating residential and nonresidential uses are specified by Policy 6.5.10. However, Policy 6.5.10 could not be found within the Land Use Element. 6) On page 3-96 of the Land Use Element there is a Policy Overview section for the Airport Area, Within the overview section the document states that "Housing and mixed -use buildings would be, restricted from areas exposedto noise levels of 65 dBA CNEL and higher." When discussing noise contours related to these land use restrictions, the 1985 JWA Master Plan 65 dB CNEL contour as referenced in the JWA AELUP should be specified. We also suggest stating in this section that development within the Airport Area must be in compliance with FAA, Caltrans Division of Aeronautics and ALUC policies and procedures in addition to any City requirements. Reference to these policies, procedures and regulations should also be included within the LU 6.15 Goals on pages 3-97 through 3-107 where applicable to Airport Area development. 7) Within the Implementation Program (Imp) of the General Plan (Chapter 13) under Uses and Density Policy (c) of Imp 2.1 (page 13-7), when discussing development standards for the Airport Area and amending the Zoning Code for Consistency with the approved General Plan, we suggest that both documents address building height restrictions and the need for ALUC, Caltrans Division of Aeronautics and FAA review of projects in this area. 8) Building height restrictions as specified in FAA FAR Part 77 should be included in the Implementation Program of the General Plan, for land uses within the Airport Area. Specifically, on page 13-11 within Imp 3.1, Preparation of New Specific Plans, and within Implementation Plan 4.1, New "Planned Community" Plans. More specific policies are recommended as follows for the City to consider incorporating into the Land Use Element: 2 Height Limitations: Include General Plan policies addressing height limitations on all John Wayne Airport Area development to limit the height of any permanent or temporary structure, to a height under 203.68 feet Above Mean Sea Level ("AMSL"), reference National Geodetic Vertical Datum of 1929 (NGVD 29), consistent with current Orange County Surveyor Adjustment Datum and under the imaginary surfaces as defined by FAA FAR Part 77. Obstruction Lighting and Marking: Include policies addressing lighting and marking on all John Wayne Airport residential development to comply with the conditions and recommendations by the Federal Aviation Administration ("FAA") with respect to obstruction lighting and/or marking consistent with the criteria provided in FAA Advisory Circulars 70/7460-1 and 70/7460-1K. Disclosure of JWA Proximity: Include policy for occupancy disclosure to be provided in future sales literature and sales/rentaNease agreements for the residential developments stating that the property is located in the vicinity of JWA. ' .deed Disclosure Notice: Include policy for deed disclosure notification on all John Wayne Airport Area residential development units that require a "Deed Disclosure Notice" of the avigation easement. This disclosure notice must be submitted to the City and signed as a part of each sales/rental/lease agreement. Signage: Include policy for signage on all "John Wayne Airport Area" parks and recreational development that requires every local park, recreational area, and private recreational facility to place appropriate signage indicating the presence of operating aircraft. Thank you for considering these comments and requested revisions to the Draft Land Use Element prior to action by your City Council. Should you require additional information please contact Karl Rigoni at 949.252.5284 or via email at kriRonina.ocair.com. Sincerely, Alan L. Murphy Airport Director cc: Airport Land Use Commission Greg Ramirez, City of Newport Beach 3 CITY OF NEWPORT BEACH PLANNING DEPARTMENT Patricia L. Temple, Director June 8, 2006 Airport Land Use Commission Kari Rigoni 3160 Airway Avenue Costa Mesa, CA 92626 Subject: City of Newport Beach General Plan Update Ms. Rigoni, The purpose of this letter is officially withdraw our application for ALUC review of our draft General Plan. The City is currently working on revisions to the plan that will address the written comments received by the ALUC and those made at the ALUC public hearing of May 18, 2006. The City intends to resubmit the draft General Plan for reconsideration by the ALUC at their July meeting. Thank you for your continued cooperation during this process and please let me know if you have any questions regarding the General Plan Update. Sincerely, X, xe, Gregg Ramirez Senior Planner 949-644-3219 gramirez@city.newport-beach.ca.us 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658-8915 Telephone: (949) 644-3200 • Fax: (949) 644-3229 • www.city.newport-beach.ca.us AIRPORT LAND USE COMMISSION FOR ORANGE COUNTY 3160 Airway Avenue • Costa Mesa, California 92626 - 949.2S2.5170 fax: 949.252.6012 June 13, 2006 City of Newport Beach City Council and Planning Commission 3300 Newport Boulevard P.O. Box 1768 Newport Beach, CA 92658-8915 Subject: Comments on Draft General Plan Update Honorable Mayor, City Council Members and Planning Commissioners: In accordance with Public Utilities Code (PUC) 21676(a), the City of Newport Beach requested that the Airport Land Use Commission ("ALUC") review its draft general plan update for Consistency with both the Airport Environs Land Use Plan for John Wayne Airport ("AELUP for JWA" or, "JWA AELUP ") and the Airport Environs Land Use Plan for Heliports ("AELUP for Heliports'). Please accept the detailed comments attached to this letter resulting from comments i considered at the May 2006 ALUC meeting. On May 18, 2006, the Airport Land Use Commission conducted a review of the idraft general plan,,as submitted to the A -UC on May 1,-2006. Also included in the review materials was the city's letter dated May 10, 2006 (attached) noting additional changes to be made to the plan. However, since the actual revisions to the draft general plan reflecting these changes were not available, the attached ALUC comments were'based upon the draft general plan document as published at the time of the ALUC meeting. Since the City ofNewp6 f.Beacliis currently an Inconsistent.oity va'tlisespect to the Airport Environs Land Use Plan for JWA, the purpose of ALUC review of this project at its May meeting was to provide additional comments to assist the city in achieving a status of general plan Consistency w'th the AELUP for JWA, as well as with the AELUP for Heliports, since heliports are a permitted use within the city. The attached ALUC comments are offered for consideration as you proceed with final revisions to the general plan document. The outcome of the May 18, 2006 ALUC meeting was to: 1) Direct staff to transmit the comments contained in this letter; and 2) Continue the item to the regular ALUC meeting of June 15, 2006 for final action on Consistency/Inconsistency of the City of Newport Beach General Plan. However, on June 8, 2006, the city requested that the project be withdrawn from the June 15`h ALUC agenda and re-submitted/re-agendized for the July 20, 2006 ALUC meeting because the state ALUC requirement for a consistency ALUC Letter to City of Newport Beach June 13, 2006 determination within 60 days could not be met otherwise. Please forward the draft general plan revisions to ALUC staff by July 10, 2006 so that the item can be agendized for the July 20, 2006 ALUC meeting. Thank you for considering these comments on the draft general plan update. We request that these changes be included in your revisions to the document. Should you require additional information please contact me at 949.252.5170 or via email at krijzoni(@,ocair.com. Sincerely, ��}� !� `� Kari A. Rigoni Executive Officer cc: Airport Land Use Commissioners Alan L. Murphy, Director, JWA Gregg Ramirez, City of Newport Beach Attachment: Letter from City of Newport Beach dated May 10, 2006 2 ' ALUC Letter to City of Newport Beach June 13, 2006 Airport Land Use Commission for Orange County Detailed Comments on City of Newport Beach Draft General Plan Update (All Elements) BACKGROUND The city's draft general plan update was reviewed by the Airport Land Use Commission for inclusion of the following information: • Reference to the AEL UP for JWA • Compliance with Federal Aviation Administration (FAA), Caltrans/Division of Aeronautics, and the Airport Land Use Commission with regard to policies and procedures associated with development within an airport planning area. • Inclusion of the City referral policy to the ALUC • Reference to the AELUP for Heliports • Specify if Heliports%Helistops are permitted within the City's jurisdiction, and if permitted, include development criteria • Address building height restrictions imposed by the FAA based upon Part 77 of the Federal Aviation Regulations • Development of noise criteria for protection from aircraft noise • Discussion of safety impacts related to airport operation Vision Statement The "Airport" section of general plan Vision Statement (page 2-5) states that the city remains "united in its efforts to control and contain noise, air, and traffic pollution associated with operation of the Airport" and that the city "uses the political process to control the impact of the Airport" on its community, resulting in a level of Airport operations that preserves the city's unique character and land values. 1. The Vision Statement should be revised to specifically reference John Wayne Airport (JWA) by name. ALUC Letter to City of Newport Beach June 13, 2006 Land Use Element Land Use Element Goal LU 3 under Organization and Form of Uses ("How Are Land Uses Distributed") promotes: "A development pattern that retains and complements the City's residential neighborhoods, commercial and industrial districts, open spaces and natural environment." Policy LU 3.3, Opportunities for Change, addresses development in the John Wayne Airport Area and suggests: "re -use of underperforming industrial and office properties and development of cohesive residential neighborhoods in proximity to jobs and services." The following Land use Element revisions are suggested: 2. Add language to Policy LU 3.3 (page 3-9) specifying development of residential neighborhoods will not be located within the 65 dB CNEL JWA Master Plan contour as defined in the AEL UP for JWA. 3. Revise Figure LUI to eliminate Mixed Use designation within the 65 dB CNEL and replace with uses containing no residential components. The 65 dB CNEL JWA Master Plan contour as defined in the JWA AELUP should be shown on this figure. 4. Table LU1, Land Use Classifications, describes each land use category contained in the general plan. The Mixed Use B2 (MU-B2) classification allows high density residential (RH-D) within this mixed use category (page 3-46). Since this classification comprises the majority of the area designated "John Wayne Airport Area," it is important that a specific restriction excluding residential uses within the 65 dB CNEL contour, as defined by the JWA AEL UP, be incorporated in this classification, or another non-residential land use designation be assigned to the area. 5. Multi -Family Neighborhoods Policy LU 5.1.9 (page 3-49) contains policy related to building elevations (architectural character and facades), however there is no policy guidance related to building height. Policy should be added to all land use districts that may be within the airport environs of JWA. Such policy should state that building heights would conform to height restrictions set forth by Federal Aviation Administration (FAA) Federal Aviation Regulations (FAR) Part 77, Caltrans Division of Aeronautics and the AEL UP for JWA. 6. The Multi -Family Neighborhoods Policy for Open Space and Amenity (page 3- 51), should include notification of aircraft noise and overflight if within the noise impact zones of JWA as defined in the JWA AELUP. 7. Land Use Element Policy LU 5.3.4, Districts Integrating Residential and Nonresidential Uses (page 3-54), refers to minimum standards for parcel sizes and refers to an exception for the Airport Area where the standards specified by Policy 6.5.10 are to be used. However, Policy 6.5.10 is not included in the general plan document. (The policy reference is likely Policy 6.15.10.) 8. Office and Business Park Policy LU 5.4.2, Development Form and Architecture (page 3-57), should also include policy that building heights would conform to height restrictions set forth by Federal Aviation Administration (FAA) Federal Aviation Regulations (FAR) Part 77, Caltrans Division of Aeronautics and the AELUP for JWA. El ALUC Letter to City of Newport Beach June 13, 2006 9. The Airport Area discussion on page 3-96 of the Land Use Element states, "Development in the Airport Area is restricted due to the noise impacts of John Wayne Airport. Much of the southwestern portion of the area is located in the 65 dBA CNEL, which is unsuitable for residential and other "noise -sensitive" uses. Additionally, building heights are restricted for aviation safety." This description is appropriately placed in this section, but should be included as an overarching policy rather than in the introductory text. The remainder of the general plan document should be internally consistent with this language. 10. The Policy Overview on page 346 states that "Housing and mixed —use buildings would be restricted from areas exposed to noise levels of 65 dBA CNEL and higher." This language should also be included as a specific policy within section LU 6.15 with additional language added to define the 65 dB CNEL contour as that defined in the AELUP for JWA. 11. Policies included under Airport Area Residential Villages (Subareas B and C), beginning on page 3-98, should be revised to eliminate all residential uses within the 65 dB CNEL contour as defined by the JWA AEL UP, and Figures LU 22 and LU 23 should be revised to reflect nonresidential uses. These figures should also clearly show the JWA 65 dB CNEL Master Plan contour as defined by the AELUP for JWA. It is also recommended that these figures show the JWA AELUP 60 dB CNEL contour. 12. Policies for Neighborhood Parks (page 3-103) and On -Site Recreation and Open Space (page 3-105) should include the provision of notification of noise and overflight within the noise impact zones, as defined in the JWA AELUP. Additionally, policy should be, added to restrict the use of major water features within Airport Area parks and open space that may become a safety hazard for aircraft by attracting birds. 13.On Figures LUl, LUl1 and LU16 it would be helpful to those using the general plan to show the JWA 65 dB and 60 dB CNEL contours, as defined in the AELUP for JWA. 14. Policy LU 6.15.24, Airport Compatibility, appropriately requires "that all development be constructed within the height limits and residential be located outside of the area exposed to the 65 dBA CNEL noise contour specified by the Airport Environs Land Use Plan (AELUP), unless the City Council makes appropriate findings for an override in accordance with applicable law." Reference should also be made to FAA FAR Part 77 and Caltrans Division of Aeronautics height limits. Additionally, the wording, "unless the City Council makes appropriate findings for an override in accordance with applicable law" should be removed and replaced with a reference to Public Utilities Code (PUC) Section 21676, which specifies the process for a local jurisdiction to override the ALUC. 15. Policy LU 6.15.25, Sustainable Development Practices, suggests strategies that integrate residential with jobs -generating uses. It should be specified that any residential uses should remain outside the 65 dB CNEL contour as defined in the JWA AELUP. L a 1 ALUC Letter to City of Newport Beach Junel3,2006 Housing Element The Housing Element discusses the unsuitability of residential and other noise -sensitive uses within the JWA 65 dB CNEL contour (page 5-34). However, this Element also identifies the Airport Area as one of the greatest opportunities in the community to create new residential neighborhoods through the replacement of existing uses (page 5-35). 16. The discussion of land use designation MU-B2 on page 5-36 should clarify that residential uses are not permitted within the 65 dB *CNEL contour as defined by the JWA AEL UP. Figure Hl should be revised to remove the MU-B2 designation within this 65 dB CNEL contour, and this contour and the JWA AELUP 60 dB CNEL contour should be shown on this figure. 17. The unsuitability of residential and other noise -sensitive uses within the 65 dB CNEL contour as defined in the AELUP for JWA should be included as a policy within the Housing Element, perhaps in Policy H 3.2 which addresses construction of new housing units. 18. The language on page 5-34 should be revised to reference the 65 dB CNEL contour as defined in the AEL UP for JWA. Recreation Element The Recreation Element does not currently provide policy for notification of overflight and noise for recreational outdoor locations within or adjacent to the Airport Area. 19. Within Park and Recreation Facilities R 1 policies (page 8-17), add a policy requiring notification of aircraft overflight and noise for any outdoor recreation areas within noise impact zones as defined in the AELUP for JWA. Safety Element Goal S 8 in the Safety Element is to ensure that "Residents, property, and the environment are protected from aviation -related hazards." However, the policies identified to achieve the goal primarily address emergency response and preparedness and mutual aid agreements and not aviation hazards. 20. To reduce the risk to life and property associated with aircraft operations adjacent to the City, a policy should be added to S 8 in the Safety Element that addresses restrictions within the existing JWA Clear Zone/ Runway Protection Zones and Accident Potential Zones. Reference should be made to the most currently available JWA AEL UP as a planning resource for evaluation of aircraft operations, land use compatibility and land use intensity in areas affected by JWA operations. An Aviation Hazards figure should be added to the Aviation Hazards section of this Element. 0 ALUC Letter to City of Newport Beach June 13,2006 Noise Element 21. Policies under Goal N 1 related to noise compatibility, specifically Policies N 1.3 and N 1.4 (page 12-26), should specify that notification of aircraft overflight and noise will be required for areas within the noise impact zones as defined in the JWA AELUP. 22. Policy N 3.1, New Development (page 12-27), should specifically reference the contour maps contained in the AELUP for JWA, should provide for dedication of avigation easements, and require notification of aircraft operations and overflight. 23. Policy N 3.3, Airport Contours (page 12-27), should specifically use the JWA noise contours identified in the AELUP for JWA. Implementation Program The Implementation Program of the general plan contains the principal set of actions and procedures necessary to carry out the goals and policies of the city's general plan. 24. Under Section Imp 2.1, Uses and Density, item "c." (page 13-7) should be revised to include wording for the Airport Area that acknowledges development will be in conformance with FAA, Caltrans Division of Aeronautics and ALUC policies. Additionally, the term "high noise impact areas" should be defined. 25. Under Development Standards (page 13-8), a paragraph should be added to address height restrictions in the Airport Area in accordance with FAA, Caltrans Aeronautics and ALUC height criteria. 26. Under Section Imp 3.1 (page 13-11), paragraph "c." it is important that developers and the public know the constraints associated with development surrounding John Wayne Airport. It should be stated that all Airport Area development will be in accordance with FAA, Caltrans Division of Aeronautics and ALUC criteria for building height, safety and noise. 27. Implementation Section 15, Development Agreements Overview (page 13-21), should be revised to include consistency with the AELUP for JWA when applicable. 28. A reference to residential villages within the Airport Area is included in Imp 15.1. Residential uses within the JWA AELUP 65 dB CNEL are not compatible with JWA operations. 29. Imp 19.3, g., the third bullet, should be revised to refer to the County of Orange and Airport Land Use Commission, rather than Airport Authority. Additionally, the end of the sentence in this bullet needs editing. 30. Imp 19.11 should also refer to the PUC authority related to Airport Land Use Commissions. General Comments 31. The general plan was not clear in the City's policy of referring development projects to ALUC and that it would abide by the Public Utilities Code Procedure. ALUC Letter to City of Newport Beach June 13, 2006 According to the Caltrans Airport Land Use Planning Handbook cities must delineate a mechanism or process for ensuring that individual land use proposals comply with ALUC criteria and the general plan must indicate the city's procedure for referring projects to the ALUC. 32. The general plan does contain a discussion of heliport facilities but only with regard to Hoag Hospital. Since Heliports/Helistops are permitted in the City of Newport Beach, the general plan should address compliance with the AELUP for Heliports by incorporating the following language into the document: "The City will ensure that each applicant seeking a Conditional Use Permit or similar approval for the construction or operation of a heliport or helistop, complies fully with the state permit procedure provided by law and with all conditions of approval imposed or recommended by the Federal Aviation Administration (FAA), by the Airport Land Use Commission for Orange County (ALUC) and by Caltrans/Division of Aeronautics. This requirement shall be in addition to all other City development requirements." 33. The city's letter dated May 10, 2006 contains language stating that Section N 3.2 would be revised to read as follows: "Require that residential development in the Airport Area be located outside of areas exposed to the 65 dBA CNEL noise contour specified by the Airport Environs Land Use Plan (AELUP), unless the City Council makes appropriate findings for an override in accordance with applicable law." The wording, "unless the City Council makes appropriate findings for an override in accordance with applicable law" should be removed and replaced with a reference to Public Utilities Code (PUC) Section 21676, which specifies the process for a local jurisdiction to override the ALUC. AIRPORT LAND USE COMMISSION FOR ORANGE COUNTY 3160 Airway Avenue • Costa Mesa, California 92626 - 949.252.5170 fax: 94.9.252.6012 AGENDA ITEM 3 June 15, 2006 TO: Commissioners/Alternates FROM: Kari A. Rigoni, Executive Officer SUBJECT: City of Newport Beach —Request for Withdrawal of Request to review City of Newport Beach"General Plan Update for Consistency with Applicable Airport Environs Land Use Plans (AELUPs) Per Public Utilities Code (PUC) 21676(a) the City of Newport Beach has requested that the Airport Land Use Commission (ALUC) review its general plan update. The general plan should be evaluated for consistency with both the AELUP for JWA and the AELUP for Heliports. BACKGROUND The City of Newport Beach is currently an Inconsistent city with respect to the Airport Environs Land Use Plan for JWA. The City has recently completed a draft general plan update and has begun holding public hearings before the city Planning Commission and City Council, which will continue through July 2006, The City requested that the ALUC consider its draft general plan at the May meeting, although it was anticipated that changes may be made as part of the City's public hearing process. Both the ALUC and John Wayne Airport have already submitted comments which may contribute to further revisions to the draft general plan. The City of Newport Beach requests withdrawal of its request for Consistency review of the Newport Beach General Plan at this time. The City intends to resubmit the request for next month's ALUC meeting. Recommendation: Receive and file. Respectfully submitted, /r� Kari A. Rigoni Executive Officer Attachment 1: Letter from'City of Newport Beach dated June 8, 2006 CITY OF NEWPORT BEACH PLANNING DEPARTMENT Patricia L. Temple, Director June 8, 2006 Airport Land Use Commission Kari Rigon( 3160 Airway Avenue Costa Mesa, CA 92626 Subject: City of Newport Beach General Plan Update Ms, Rigoni, The purpose of this letter is officially withdraw our application for ALUC review of our draft General Plan. The City is currently working on revisions to the plan that will address the written comments received by the ALUC and those made at the ALUC public hearing of May 18, 2006. The City intends to resubmit the draft General Plan for reconsideration by the ALUC at their July meeting. Thank you for your continued cooperation during this process and please let me know if you have any questions regarding the General Plan Update. Sincerely, A� Gregg Ramirez Senior Planner 949-644-3219 gramirez@city.newport-beach.ca.us 3300 Newport Boulevard • Post Office Box 1768 - Newport Beach, California 92658-8915 Telephone: (949) 644-3200 • Fax: (949) 644-3229 - www.city.newport-beach.ca.us JIw RT Orange County, California Alan L Murphy Airport Director 3160 AinvayAvenue Costa Mesa, CA 92626-4608 949.252.5171 949.252.5178 fax www.ocaircom July 11, 2006 City of Newport Beach City Council 3300 Newport Boulevard P.O. Box 1768 Newport Beach, CA 92658-8915 Subject: Comment on Draft General Plan Update (Agenda Item 12) Honorable Mayor and City Council Members: The County of Orange, John Wayne Airport (JWA) appreciates the cooperative work effort that has taken place between JWA staff and City of Newport Beach staff as part of the City's General Plan Update process. Yesterday, July 10, 2006, we received a transmittal from the City containing revisions to the proposed General Plan document. The accompanying letter outlined various changes that have been made to the General Plan as a result of this cooperative review process. It appears that many of our concerns and comments have been addressed. However, since we just received the proposed revisions yesterday, we are still in the process of reviewing these changes and request that our future comments, when completed, will be given consideration by your Honorable Council. Thank you for the opportunity to provide input on the City of Newport Beach General Plan Update. We look forward to continued coordination on this important project as it nears completion. Should you have any questions, or require additional information related to JWA, please do not hesitate to contact me. Sinc er, an L. Murphy Airport Director cc: James W. Silva, Supervisor, District 2 Airport Land Use Commission Sharon Wood, City of Newport Beach Gregg Ramirez, City of Newport Beach (+NcI ®R7 GRANGE COUNTY July 11, 2006 AIRPORT LAND USE COMMISSION FOR ORANGE COUNTY 3160 Airway Avenue • Costa Mesa, California 92626. 949.252,5170 fax: 949.252.6012 City of Newport Beach City Council 3300 Newport Boulevard P.O. Box 1768 Newport Beach, CA 92658-8915 Subject: Comments on Draft General Plan Update (Agenda Item 12) Honorable Mayor and City Council Members: The Orange County Airport Land Use Commission (ALUC) received proposed revisions to the City of Newport Beach Draft General Plan Update on July 10, 2006. We are in the process of reviewing these recent revisions and intend to provide comments to the City Council and Planning Commission. However, we were not able to complete our review between the time we received the revised document and your Council meeting today, July 11, 2006. We will transmit our comments as soon as possible for your consideration. Thank you for the cooperative work effort on the part of your staff to ensure that the Airport Land Use Commission comments are -addressed in the General Plan Update document in•an effort to achieveZity consistency with the Airport Environs Land Use Plan for John Wayne Airport. We are committedto continuing our coordination efforts with the City as this General Plan Update moves forward. Should you or your staff require additional ALUC information please contact me at 949.252.5170 or via email at ktigoni@ocair.com Sincerely, Kari A. Rigoni ' Executive Officer cc: Airport Land Use Commissioners Alan L. Murphy, Director, JWA Sharon Wood, City of Newport Beach Gregg Ramirez, City of Newport Beach CITY OF NEWPORT BEACH July 10, 2006 Ms. Karl A. Rigoni Executive Officer Airport Land Use Commission for Orange County 3160 Airway Avenue. Costa Mesa, CA 92626 Dear Ms. Rigoni: With this letter, I am pleased to submit revisions to Newport Beach's proposed General Plan, included in the draft dated July 7, 2006 and accompanying figures. This draft shows changes from the draft you received in March in stfikeeut/underline. Probably most important to your Commission, the City Council has directed that the Land Use Element be revised so that residential use is not permitted within the 65 dBA CNEL contour as shown. on the John Wayne Airport (JWA) Airport Environs Land Use Plan (AELUP). The Housing Element has also been revised to reflect this change. In addition, following is a summary of policies that have been revised or added in response to review by the Airport Land Use Commission (ALUC) on May 18, 2006, and your letter of June 13, 2006. LU 3.8 Requires referral of land use regulations and development projects that include buildings with a height greater than 200 feet above ground level to ALUC for review. LU 5.6.5 Requires that applicants for heliports or helistops comply with all applicable permit requirements and conditions of approval. LU 6.15.3 Requires all development FAA and Caltrans Division development be outside AELUP. in the Airport Area to be in conformance with of Aeronautics height limits, and that residential the 65 dBA CNEL noise contour in the JWA LU 6.16.16 Requires that neighborhood parks in the Airport Area be posted with notifications regarding aircraft overflight and noise. City Hall • 3300 Newport Boulevard • Post Office Box 1768 Newport Beach California 92658-8915 • www.citynewport-beach.ca.us µ` Kari A. Rigoni July 10, 2006 Page 2 H 3.2 Disallows residential development within the 65 dBA CNEL noise contour in the JWA AELUP. R 1.12 Requires that public parks in the noise impact zone identified in the JWA AELUP be posted with notifications regarding aircraft overflight and noise. S 8.7 Requires use of the JWA AELUP for evaluation of land use compatibility in areas impacted by JWA operations, specifically the existing JWA Clear Zone/Runway Protection Zone, shown on new Figure S5. N 3.1 Requires use of JWA AELUP noise contours to ensure new development is compatible with the noise environment. N 3.2 Disallows residential development within the 65 dBA CNEL noise contour in the JWA AELUP. N 3.3 Requires consideration of avigation easements in favor of Orange County when noise sensitive uses are proposed in the JWA planning area. In your letter of June 13, 2006, you also commented on several sections of the Implementation Program. Although revisions to that section of the General Plan are included in the latest draft, and some of your comments are addressed, please note that the Implementation Program is still undergoing revision. It is likely that this section will not be finalized by the time the City Council takes action on the General Plan elements, which contain all the plan's regulatory provisions. I will send you the final Implementation Program when it is complete. I believe that the revisions to policies and figures in this submittal address all of the comments in your letter of June 13, 2006, and upon adoption of this General Plan, the City of Newport Beach should be considered a "consistent agency." I would like to extend my thanks to your Commission for their courtesy in accommodating the City's schedule for the General Plan update, and to you for your guidance in responding to comments from the ALUC. If you have any questions or concerns with the revisions to the draft General Plan, please call me at 644-3222. Sincerely, Sharon Wood Assistant City Manager cc: Mayor and City Council Homer Bludau, City Manager Robin Clauson, City Attorney I -/ GRANGE COUNTY AIRPORT LAND USE COMMISSION FOR ORANGE COUNTY 3160 Airway Avenue • Costa Mesa, California 92626 - 949.252.5170 fax: 949.252.6012 RECEIVED BY REGULAR MEETING OF THECITY D1.,PA-, (TMENI CITY OF W:kA1n•:')FiT BEACH AIRPORT LAND USE COMMISSION JUL 1 7 2006 PM FOR ORANGE COUNTY 7Ig19110111112111213141316 Thursday, July 209 2006 LEASE NOTE LOCATIO TIME: 4:00 p.m. PLACE:' Jbhri Wayne Airport Administration Bldg. 3160 Airway Avenue SUBJECT: Regular Meeting Costa Mesa, CA Airport Commission Hearing Room NOTICE PERSONS ADDRESSING THE•COMMISSION BARE REQUESTED TO GIVE THEIRNAMES AND ADDRESSES FOR THE RECORD. Y EXCEPT AS OTHERWISE PROVIDED BY LAW, NO ACTION WILL BE TAKEN ON ANY ITEM NOT APPEARING IN THE FOLLOWING AGENDA. THE RECOMMENDED'ACTIONS"STATED IN THE AGENDA ITEM OR UNDERLYING STAFF REPORTS' SIMPLY REFLECT THE RECOMMENDATION`OF THE COMMISSION STAFF AND THE DISCUSSION AND ACTION TAKEN BY THE COMMISSION MAY DEVIATE THEREFROM. AT THE CONCLUSION OF TI�IMEETING ON ITEMS LISTED IN THIS AGENDA,, MEMBERS OF THE PUBLIC MAY ADDRESS THE COMMISSION ON ITEMS OF INTEREST TO THE PUBLIC THAT ARE WITHIN THE SUBJECT MATTER JURISDICTION-OF-THE•COMMISSION. ORDER: PLEDGE: APPROVAL OF MINUTES: Regular Meeting of June 15, 2006: - AGENDA (Commissioners Present: Herman Beverburg, Jerry Bresnahan, Melody Carruth, Tom O'Malley, Rod Propst, Don Webb and Jon Dumitru) (Alternate Commissioner Present: None) ALUC Agenda Page 2 July 20, 2006 NEW BUSINESS: 1. City of Newport Beach — Policy Discussion: This item addresses the issue of the referral of specific projects from an Inconsistent Agency to the Commission for reviews of Consistency or Inconsistency with the AELUP. Recommendation: That the Commission 1) Receive Staff Report, 2) Receive input from the City, the project proponent and others as appropriate, 3) Provide direction to staff to: a) Comment on the Mitigated Negative Declaration but take no further action on this project, or b) Draft a letter to the City of Newport Beach indicating that under PUC Section 21676.5, the ALUC requests that the Our Lady Queen of Angels project be referred to the Airport Land Use Commission, once the Form 7460 Determination has been received from the FAA for a Finding of Consistency/Inconsistency, or c) Take other action as the Commission deems appropriate. 2. City of Newport Beach — Public Utilities Code (PUC) 21676(a) the City of Newport Beach has requested that the Airport Land Use Commission (ALUC) review its general plan update for consistency with the AELUP for JWA and the AELUP for Heliports. Recommendation: That the Commission finds the City of Newport Beach General Plan Consistent with the AEL UP for JWA and the AELUP for Heliports. 3. Ratify Executive Officer Designation: Per Article VI., Section 6.1 of the Rules of Procedure (Bylaws) for the ALUC, the Executive Officer is hired by the County of Orange under the provisions of the State Aeronautics Act (Public Utilities Code Section 21671.5(c) and (d)) and may be subsequently ratified by the Commission. Recommendation: That the Commission ratifies Kari A. Rigoni as the Executive Officer for the Airport Land Use Commission for Orange County. 4. Administrative Status Report Receive and file memo regarding various administrative activities/issues, Commission correspondence sent/received, and pending project reviews. 5. Proceedings with Consistent Agencies: Aliso Viejo (April 15, 2004), Anaheim, Buena Park, Costa Mesa (October 17, 2001), Cypress (August 16, 2001), Fullerton (June 17, 2004), Garden Grove, Huntington Beach, Irvine, Laguna Hills, Lake Forest (June 15, 2006) Los Alamitos, Mission Viejo, Stanton, Tustin, Westminster, and County of Orange. 6. Proceedings with Inconsistent Agencies: Laguna Woods (April 19, 2001), Newport Beach, Santa Ana, and Seal Beach. ALUC Agenda Page 3 July 20, 2006 7. Items of Interest to the Commissioners: Commissioners may comment on agenda or non -agenda matters, and ask questions of or give directions to staff; provided that no action may be taken on off - agenda items. S. Items of Interest to the Public: Members of the public may address the Commission regarding any item within the subject matter jurisdiction of the Airport Land Use Commission provided that no action may be taken on off -agenda items unless authorized by law. ADJOURNMENT: Next Regular Meeting: August 17, 2006 AIRPORT LAND USE COMMISSION FOR ORANGE COUNTY 3160 Airway Avenue • Costa Mesa, California 92626 - 949.252.SI70 fax: 949.252.6012 AGENDA ITEM 2 July 20, 2006 TO: Commissioners/Alternates FROM: Kari A. Rigoni, Executive Officer SUBJECT: City of Newport Beach General.Plan —Review for Consistency with Airport Environsl ariitUse Plan (AEL"UP) Jbr John Wayne Airport (JW.4) and AELUP for"Heliports Per Public Utilities Code (PUC) 21676(a) the City of Newport Beach has requested that the Airport Land Use Commission (ALUC) review its general plan update. The general plan should be evaluated for consistency with both the AEL UP for JWA and the AEL UP for Heliports. BACKGROUND The City of Newport Beach is currently -an Inconsistentcity with respect to the Airport Environs Land Use Plan for. -JW.._ The city recently prepared a draft general plan update and has held public hearings before the cityPlanning Commission and City Council over the last few months. The city initialfy submitted the'general plan update project to the ALUC for review in May,2006; but withdrew theproject in.June 2006;because "revisions to the document were notyetcompleted. The city is -now requesting that.the ALUC consider its draft general plan for. Consistency withtfie AEL UP for JW,A and AELUP for Heliports (heliports are a permitted use within this city) at this time. The Newport Beach Planning Commission is completing its review and the�City Council has not yet taken action on the project. Both the ALUC and John Wayne Airport have submitted numerous comments over the past two months and have worked closely with city staff to incorporate changes to the general plan which might allow the city to achieve a status of general plan Consistency with the AELUP for JWA, as well as with the AELUP for Heliports. In a letter dated July10, 2006 (Attachment 1) city, staff provided a written summary of the changes made to date in response to ALUC and JWA comments. These changes address many of staffs primary concerns. The remainder of this staff report addresses the changes that have been incorporated and a few remaining items suggested for revision. Agenda Item 2 Page 2 July 20, 2006 The city's scheduled public hearings on the draft general plan update began in May 2006. The remaining public hearings are scheduled as follows: July 20, 2006 Planning Commission July 25, 2006 Newport Beach City Council ALUC staff has reviewed the city's draft general plan update for inclusion of the following information: • Reference to the AEL UP for JWA • Compliance with Federal Aviation Administration (FAA), Caltrans/Division of Aeronautics, and the Airport Land Use Commission with regard to policies and procedures associated with development within an airport planning area. • Inclusion of the City referral policy to the ALUC • Reference to the AELUP for Heliports • Specify if Heliports/Helistops are permitted within the City's jurisdiction, and if permitted, include development criteria • Address building height restrictions imposed by the FAA based upon Part 77 of the Federal Aviation Regulations • Development of noise criteria for protection from aircraft noise • Discussion of safety impacts related to airport operation GENERAL PLAN ANALYSIS The primary revisions to the City of Newport Beach General Plan are as follows: Land Use Element: This element now requires the following: 1) Referral of General Plan, Zoning Code, specific plans and Planned Community regulations and amendments, and development projects that include buildings with a height greater than 200 feet above ground level, to ALUC for review. 2) Applicants for heliports or helistops must comply with all applicable FAA, Caltrans Division of Aeronautics and ALUC requirements and procedures. 2 Agenda Item 2 Page 3 July 20, 2006 3) All development in the Airport Area must be in conformance with FAA and Caltrans Division of Aeronautics height limits, and residential development must be located outside the 65 dB CNEL noise contours, as identified in the December 19, 2002 AELUP for JWA. Comment: Staff recommends that the city remove the date of the AELUP since the document may be revised once each year if the Commission deems it appropriate to do so. 4) Neighborhood parks in the Airport Area must post notifications regarding aircraft overflight and noise. Housing Element: This element'now disallows development of new housing "within the JWA 65 dB CNEL contour, no larger than that shown on the JWA AELUP dated December 19, 2003" Comment: The date of the current AELUP is December 19, 2002, rather than 2003. However, staff recommends that the city remove the date of the AELUP since the document may be revised once each year if the Commission deems it appropriate to do so. If the city desires to identify that this is the largest contour outside which residential development would be located, then it may be advisable to specifically reference the 1985 JWA Master Plan 65 dB CNEL contour. Recreation Element: This element now requires that public parks in the noise impact zone identified in the JWA AELUP be posted with notifications to users regarding aircraft overflight and noise. Safety Element: This element now requires use of the JWA AELUP for evaluation of land use compatibility in areas impacted by JWA operations, in particular land use decisions within the existing JWA Clear Zone/Runway Protection Zone. Comment: Staff recommends that the city also evaluate safety hazards for proposed land uses within the Inner Turning Zone and Traffic Pattern Zone as defined in the existing JWA Airport Layout Plan. These zones will be suggested for inclusion in the next JWA AELUP update. These zones are shown on the new Figure S5 included in the Safety Element. Noise Element: This element now requires the following: Agenda Item 2 Page 4 July 20, 2006 1) Ensures that new development is compatible by using airport noise contours "no larger that those contained in the JWA AELUP dated December 19, 2002." Comment: As stated above, staff recommends that the city remove the date of the AELUP since the document may be revised once each year if the Commission deems it appropriate to do so. If the city desires to identify that this is the largest contour outside which residential development would be located, then it may be advisable to specifically reference the 1985 JWA Master Plan 65 dB CNEL contour rather than the 2002 AELUP. 2) Disallow residential development within the 65 dB CNEL noise contour contained in the JWA AELUP. 3) Consideration of dedications of avigation easements in favor of the County of Orange when noise sensitive uses are proposed in the JWA Planning Area, as established in the JWA AELUP. Comment: Staff recommends that the language require dedication of avigation easements for proposed development of noise -sensitive land uses. This would protect both the City and County from future noise complaints. CONCLUSION: The City of Newport Beach has engaged in a very cooperative work effort with ALUC staff throughout the General Plan Update process. It appears that the majority of our significant concerns and comments have been addressed. There are a few more minor changes that the city may want to consider, which ALUC staff can transmit to the city with the comments noted above, prior to final Council action. ALUC staff will continue to coordinate with the city on this important project as it nears completion and report back to the Commission should any significant further changes be made. RECOMMENDATION: That the Commission find the City of Newport Beach General Plan Consistent with the AELUP for JWA and the AELUP for Heliports. Respectfully submitted, Kari A. Rigoni Executive Officer Attachment 1: Letter from City of Newport Beach dated July 10, 2006 Attachment 2: Excerpts from Draft General Plan CITY OF NEWPORT BEACH July 10,2006 RECEIVED Ms. Karl A. Rigoni JUL, 10 2006 Executive Officer AIRPOkTLANDUSE COMMISSION Airport Land Use Commission for Orange County 3160 Airway Avenue Costa Mesa, CA 92626 Dear Ms. Rigoni: With this letter, I am pleased to submit revisions to Newport Beach's proposed General Plan, included in the draft dated July 7, 2006 and accompanying figures. This draft shows changes from the draft you received in March in s#ikeew underline. Probably most important to your Commission, the City Council has directed that the Land Use Element be revised so that residential use is not permitted within the 65 dBA CNEL contour as shown on the John Wayne Airport (JWA) Airport Environs Land Use Plan (AELUP). The Housing Element has also been revised to reflect this change. In addition, following is a summary of policies that have been revised or added in response to review by the Airport Land Use Commission (ALUC) on May 18, 2006, and your letter of June 13, 2006. LU 3.8 Requires referral of land use regulations and development projects that include buildings with a height greater than 200 feet above ground level to ALUC for review. LU 6.6.5 Requires that applicants for heliports or helistops comply with all applicable permit requirements and conditions of approval. LU 6.15.3 Requires all development in the Airport Area to be in conformance with FAA and Caltrans Division of Aeronautics height limits, and that residential development be outside the 65 dBA CNEL noise contour in the JWA AELUP. LU 6.15.16 Requires that neighborhood parks in the Airport Area be posted with 6* notifications regarding aircraft overflight and noise. City Hall • 3300 Newport Boulevard • Post Office Box 1768 Newport Beach Ca Att$chment 1 vport-beach.ca.us Karl A. Rigoni July 10, 2006 Page 2 H 3.2 Disallows residential development within the 65 dBA CNEL noise contour in the JWA AELUP. R 1.12 Requires that public parks in the noise impact zone identified in the JWA AELUP be posted with notifications regarding aircraft overflight and noise. S 8.7 Requires use of the JWA AELUP for evaluation of land use compatibility in areas impacted by JWA operations, specifically the existing JWA Clear Zone/Runway Protection Zone, shown on new Figure S5. N 3.1 Requires use of JWA AELUP noise contours to ensure new development is compatible with the noise environment. N 3.2 Disallows residential development within the 65 dBA CNEL noise contour in the JWA AELUP. N 3.3 Requires consideration of avigation easements in favor of Orange County when noise sensitive uses are proposed in the JWA planning area. In your letter of June 13, 2006, you also commented on several sections of the Implementation Program. Although revisions to that section of the General Plan are included in the latest draft, and some of your comments are addressed, please note that the Implementation Program is still undergoing revision. It is likely that this section will not be finalized by the time the City Council takes action on the General Plan elements, which contain all the plan's regulatory provisions. I will send you the final Implementation Program when it is complete. I believe that the revisions to policies and figures in this submittal address all of the comments in your letter of June 13, 2006, and upon adoption of this General Plan, the City of Newport Beach should be considered a "consistent agency." I would like to extend my thanks to your Commission for their courtesy in accommodating the City's schedule for the General Plan update, and to you for your guidance in responding to comments from the ALUC. If you have any questions or concerns with the revisions to the draft General Plan, please call me at 644-3222. Sincerely, n ���"� Sharon Wood Assistant City Manager cc: Mayor and City Council Homer Bludau, City Manager Robin Clauson, City Attorney Excerpts from City of Newport Beach Draft General Plan (July 7, 2006) Attachment 2 Land Use Element LU 3.4 Banning Ranch Prioritize the of Banning Ranch as an open space amenity for the C—itcommunity and region, consolidating oil operations, enhancing wetland and other habitats, and providing paxkland amenities to serve nearby neighborhoods. If the property cannot be acquired in a timely manner, allow for the development of a compact residential village that preserves the majority of the site as open space and restores critical habitat in accordance with Policies 6.3.1 through 6.5.5. (Imp 1.1, 2.1, 5.1, 19.7, 19.11) LU 3.5 Coastal -Dependent and Related Businesses Design and site new development to avoid impacts to existing coastal dependent and coastal -related developments. When reviewing proposals for land use changes, give full consideration to the impact on coastal -dependent and coastal - .related land uses, including not only the proposed change on the subject property, but also the potential to limit existing coastal -dependent and coastal - related land uses on adjacent properties. (Imp 12.1,12.3) LU 3.6 Waterfront Access Use public beaches for public recreational uses and prohibit uses on beaches that interfere with public access and enjoyment of coastal resources. Encourage the expansion and improvement of access to the waterfront and water -uses that provide important links to waterfront uses such as beaches, launching facilities, public docks, and other similar public water area uses. (Imp 1.1, 5.1) LU 3.7 Natural Resource or Hazardous Areas Require that new development is located and designed to protect areas with high natural resource value and protect residents and visitors from threats to life or property. (Imp 2.1, 6.1) Newport Beach General Plan F' Land;. Use Element. LU 5.5A, Neighborhoods, districts, and corridors containing a diversity of uses and buildings that are mutually compatible and enhance the quality of the City's environment. P P'oilc4es LU 5.5-.1 Compatible Development Require that buildings and properties be designed to ensure compatibility within and as interfaces between neighborhoods, districts, and corridors. (Imp 2.1, 12.1) LU 5.5-4.2 Form and Environment Require that new and renovated buildings be designed to avoid the use of styles, colors, and material's that unusually impact the design character and quality of their location such as abut -=besot changes in scale, building form, architectural style, and the use of surface materials that raise local temperatures result in 'are tn�e%jy�jllumination 2f adi9inmg lZrQp-exties�lndAtzenskaces• or adversely modify wind patterns. (Imp 2.1,12.1) LU 5.5b.3 Ambient Lighting Require that outdoor lighting be located and designed to prevent spillover onto adjoining properties or significantly increase the overall ambient illumination of their location. (Imp 2.1,12.1) LU 5.5¢.4 Conformance with the Natural Environmental Setting Require that sites be planned and buildings designed in consideration of the property's topography, landforms, drainage patterns natural vegetation, and relationship to the Bay and coastline, maintaining the environmental character that distinguishes Newport Beach. (Imp 2.1, 8.1, 11.1, 12.1) SU 5 6 5 Helinort/Helistoo Comnatibili R �jxP har all ap ji to s or tons r�i ion or nneLa in f h�1t_gr-rt_or ehsto+ comp1j, with Srate permit procedures fil 1 Fo�(Nntice of Landing Air a_y^rap9saj) s ^ h th�F�dPr,�dyiati�n Admtn,strat�n__(1 A.A1=and Newport Beach General Plan Land Use Element Business -fixed Use Districts f(Subarea C, "MU-821i2" designalionD WA EV:4 WIRI0 ; ► LU 6.15.24 Priority Uses Accommodate office, research and development, and similar uses that, support the primary office and business park functions such as. retail and financial services, as prescribed for the "CO-G" designation, while allowing for the re -use of properties for the development of cohesive residential villages that are integrated with business park uses. (Imp 2.1, 12.1) RESIDENTIAL VILLAGES borea 8, " " LAND USES LU 6.15.3tfi Residential and Supporting Uses Accommodate the development of amasimum4£2_ 2, 9-multi-family residential units, including work force housing, and mixed -use buildings that integrate residential with ground level office or retail uses, in afeas supporting retail, grocery stores, and parklands. This may-e- a Residential units may_lz eve(o qd—mix as .the_repiacement of nnderl}nng=permnnn- munher«�trig� that_ � �ulsLcesult_frumsiev�lQpment �,f the ur�de_ xluing lzesmisced_nQu_rssidentiaLuss._�til*s�vcs_er�a.tu�i�m of 550 units maLbt.Aey6awd-er as infill on_siufase parking lotsszn_gxn�ersi within provided that the parking is replaced hi steaeEtive leea, ' -n-site. (Imp 12.1,12.2) MINIMUM SIZE AND DENSITY LU 6.15.44A #�i Slze of Residential Villages (refer to Figure LU23) Allow development of mixed use residential villages, t each cnntaininm ate__ mnimuix�f ]0 acramd-centered on a neighborhood park • Newport Beach General Plan Land Use Element DESIGN AND DEVELOPMENT Neighborhood Parks LU 6.15.441IStandards To provide a focus and identity for the entire neighborhood and to serve the daily recreational and commercial needs of the community within easy walking distance of homes, vri dedicatiQne and improve meaLof at least eight percent of the gross land area (exclusive, of existing rights -of -way) of the first phase development in each neighborhood or one half 1cr�. a whichever is greater s a neighborhood park. T is requirement may he waive chesty where it can be demonstrates In every case; the' neighborhood' park shall beat least e� to sere ie��t r n of the total Residential Village Area or one acre in area whichever-ic orea�and shall have a minimum dimension of 150 feet. Park acreage shall be exclusive of existing or new rights -of -way, development sites, or setback areas. A neighborhood park shall satisfy some or all of the requirements of the Parklax4 Dedication Ordinance, as prescribed by the Recreation Element of the General Plan. �l�l�5l�!�win�t�e�w�reenn!�- LU 6.15.UlALocation Require that each neighborhood park is clearly public in character and is accessible to all residents of the neighborhood. Each park shall be surrounded by public streets on at least two sides (preferably with on -street parking to serve the park), and shall be linked to residential uses in its respective neighborhood by streets or pedestrian ways. (Imp 2.1, 3.1, 4.1,12.1, 12.2) 1-01 Newport Beach General Plan Housing Element Policy H 3.2 Enable construction of new housing units sufficient to meet City quantified goals by identifying adequate sites for their construction.�etel�nmepr of nexv housin€. xvill not he1't11au't:sl ftp.ktw%u thin the lohn Wayne Aimnrr illit�Zi25d,13—Cl�l�.l.._C9111S21SL._L7.jugCr t'l.]£U1_Sh9ti i�nSll bS;_•� t*'StEifif t�}F Programs Housing Program 3.2.1 Identify the following sites as adequate, which will be made available through appropriate zoning and development standards and with public services and facilities needed to facilitate and encourage development of a variety of housing types to meet City housing goals as identified pursuant to Government Code Section §65583(b): Banning Ranch, Airport Area, Newport Center, West Newport Ak- a, Mariner's Mile, West Newpopt 1, lighVv-.*j-=—,and the Balboa Peninsula areas. (Imp 2.1, 35.1) Responsibility for achieving this program is tbat of the Planning Department and City Coancil. Housing Program 3.2.2 Update Zoning Code to reflect housing opportunities provided in the Land Use Element. (Imp 2.1) Responsibility: Planning Department, Planning Commission and City Cotmcil. Housing Program 3.2.3 When requested by property owners, the City shall approve rezoning of developed or vacant property from non-residential to residential uses when appropriate. These rezoned properties shall be added to the list of sites for residential development. (Imp 2.1) Responsibility: Planning Department, Planning Commission and City Council. GogL H4 Preservation and increased affordability of the City's housing stock for very low—, low-, and moderate -income households. Newport Beach General Plan Recreation Element 2. Renovate the Oasis Senior Center to continue to function as a multipurpose senior center that meets the needs of the senior population 3. Renovate the existing recreation facilities to ensure they are a safe environment and offer quality programs and services R 1.44) Q Update of Priority for Facility Provision Review the list of identified community park and recreation needs on a regular basis, and update them as priorities for facilities change. (Imp 33.1) R 1.4211 Update of Priority Usage Review policies regularly for priority usage of facilities to ensure fair and balanced assignments. Priority hierarchy shall be weighted for programs that are inclusive in nature and provide for the recreational enrichment of community's youth, adults, groups, and businesses. Scheduling shall be done in a manner that accommodates both the needs of organized activities as well as casual use by residents. Consideration shall also be given to the proper maintenance and tevitalization of facilities when scheduling programs and activities, (Imp 33.1) R2 Maintenance and Preservation —Maintenance and preservation of existing parks and recreation facilities. M Policiesa R 2.1 Enhancement of Facilities Use funding from the City's Park Dedication Fee Ordinance to enhance existing parks and recreation facilities. (Imp 44.3) R 2.2 Preservation of Public Parkland Protect public parkland from non -recreational uses; any loss of parkland through governmental action shall be replaced in -kind. (Imp 33.1) R 2.3 Preservation of Public Beaches Preserve all public beaches for public only purposes. (Imp 33.1) Newport Beach General Plan Ems • < i_ ! , . - ,� - - CITY of NEWPORT BEACH GENERAL PLAN JWA CLEAR ZONEIRUNWAY y/. •-�. j' COSTA MP'SA, PROTECTION ZONES AND • .- ' - - " - '�' `ACCIDENT POTENTIAL ZONES b ✓ Legend __T-1� Safety CompaHbliyzm for -� \ '„ - ♦♦ '-r parway7Lmd19R(a madam O,�a fir' 0390.110 Anortla�!Use '•�' " i Bafety OarpaiWiNZpsex for %3{-°-C. ♦ i ♦ !'� `♦,. _/� Iit+wRf 7Rand 19LCaNM c ` _i AELLIPNolse Cw,tows s r 1 1/ _�- - - ' i ='i>✓ '-�--_ Water - A 2 a 3 I s r" %' ^r Highway Ieghtofwdv saefy CortlpaNbiBy Ztxles �N EWPO RT _ SAV -- _ \ l •�_f '� 3: MarTarYnC Znna GOuterAGProodUDopwhleZone ,_ j 6.TmlAa Palfem7me �"-0 71 _mil, - gw.e - ,' / ♦ �� , % t �,'' �`•u; -'.:i ;iiir� l` IRVINE r; _ ♦ i ( -f a>�crw.ec tmtvnf 1 Noise Element TPolicy N 3.1 New Development Ensure new development is compatible with the noise environment by using tie a,.a_..a �... airport noise coitour-no larger than those n3R� - '-ecnntai� in r to future planning and development decisions. 1, 3.1, 4.1 12.1) N_ 3 2 _RestctetuiARCY-_elota—M Require tha reeidehtial d=loj2-ment in the Aimort Area U. tnrnrrri outside of theSxS_cll _rNFI aoase saxl�xr o_lat eLtkuansboxm.tn -- _ti_ _ 1 L r.. r i n n• _ t��7A' ARI I R4- Ind reouire t_rs3clexxtia �deyelppets,to xi-Mz'pxQspxc�ir t]zehassg .,es^t�rgtnts_U sircraf� N_U A.Ldeation aaxment Consider_recuirineth-cAedi9I ioiiofayjgadoa &asemeacs_ia-faorgf.chg-Cann N 3.4 Existing Noise Restrictions Oppose any attempt to modify the existing noise restrictions, including the existing curfew and the General Aviation Noise Ordinance, unless the modifications benefit City residents. (Imp 9.1) i = Newport Beach General Plan JW 7 i v4t AI[tI'aRT Orange County, Cahlornia Alan t. Murpiry Airport Director 3160 Airway Avenue ONte Mesa, CA 92626-4606 949 252.5171 949.252.5178 hx www ocaircom July 20, 2006 City of Newport Beach City Council and Planning Commission 3300 Newport Boulevard P.O, Box 1768 Newport Beach, CA 92658-8915 Subject: Comments on Draft General Plan Update Honorable Mayor, City Council Members and Planning Commissioners: John Wayne Airport (JWA) staff has completed review of the City of Newport Beach Draft Revised General Plan dated July 7, 2006 and respectfully requests that you consider the comments offered below prior to the approval of this document. We appreciate the time you and your staff have devoted to preparing this document and working with JWA and Airport Land Use Commission (ALUC) staff over the past three months. In a letter dated July 10, 2006 (Attachment 1) the city provided a written summary of the changes made to date in response to ALUC and JWA comments. These changes address many of our previous comments and concerns. The comments below suggest clarifications in just a few areas. 1) Land Use Element: The Land Use, Housing and Noise Elements have been revised to require that all development in the Airport Area must be in conformance with FAA and Caltrans Division of Aeronautics height limits, and residential development must be located outside the 65 dB CNEL noise contours, as identified in the December 19, 2002 AELUP for JWA. It is recommended that the city remove the date of the AELUP since the document may be revised once each year if the Airport Land Use Commission deems it appropriate to do so. If the city desires to identify that this is the largest contour outside which residential development would be located, then it may be advisable to specifically reference the 1985 JWA Master Plan 65 dB CNEL contour. Additionally, it is recommended that Exhibits LU 11 and LU22 show the 65 dB CNEL contour for reference purposes. 2) Safety Element: The Safety Element has been revised to require use of the JWA AELUP for evaluation of land use compatibility in areas impacted by JWA operations, in P Page 2 July 20, 2006 particular land use decisions within the existing JWA Clear Zone/Runway Protection Zone. It is recommended that the city also evaluate safety hazards for proposed land uses within the Inner Turning Zone and Traffic Pattern Zone as defined in the existing JWA Airport Layout Plan. These zones are shown on the new Figure S5 included in the Safety Element. On Page 11-18 under the heading Aviation Hazards, the reference to 300 commercial flights should be changed to 300 commercial and commuter flights. The reference to 20 regional flights should be deleted since these are included in the total 300 flights. 3) Housing Element: It is recommended that the city consider a policy under H 3.2 to address sound attenuation for housing within the 60 dB CNEL and buyer notification of airport in the vicinity. 4) Noise Element: The Noise Element has been revised to include "consideration" of dedications of avigation easements in favor of the County of Orange when noise sensitive uses are proposed in the JWA Planning Area, as established in the JWA AELUP. It is recommended that the language require dedication of avigation easements for proposed development of noise -sensitive land uses. This would protect both the City and County from future noise complaints. Table N2 shows Residential Single Family, Two Family Multiple Family and Mixed Use as being in Zone B, Normally Compatible, except for JWA impact zones. It should be clarified that these uses within the JWA impact zone are considered "Normally Incompatible." It is recommended that additional wording be added to the double asterisk (") note as follows: "Except for JWA impact zones, in which the uses are "Normally Incompatible." 5) Implementation Program: It is recommended that as development agreements are processed through the city (Imp 15.1) these agreements include a requirement for dedication of avigation easements for proposed development of noise -sensitive land uses around John Wayne Airport. Thank you for considering these recommendations. We will continue to coordinate with the city on this important project as it nears completion. Should 2 M Page 3 July 20, 2006 you have any questions, please contact Kari Rigoni, JWA Planning Manager, at 949.252.5284. Sincerely, in G-Ot' Alan L. Murphy Airport Director cc: James W. Silva, Supervisor, District Airport Land Use Commission Sharon Wood, City of Newport Beach Gregg Ramirez, City of Newport Beach CITY OF NEWPORT BEACH July 10,2006 RECEIVED Ms. Kari A. Rigoni JUL,i Q 20w Executive Officer AIHPMT(.ANDU$ECOMMIS M Airport Land Use Commission for Orange County 3160 Airway Avenue Costa Mesa, CA 92626 Dear Ms. Rigoni: With this letter, I am pleased to submit revisions to Newport Beach's proposed General Plan, included in the draft dated July 7, 2006 and accompanying figures. This draft shows changes from the draft you received in March in stdkeew /underline, Probably most important to your Commission, the City Council has directed that the Land Use Element be revised so that residential use is not permitted within the 55 dBA CNEL contour as shown on the John Wayne Airport (JWA) Airport Environs Land Use Plan (AELUP). The Housing Element has also been revised to reflect this change. In addition, following is a summary of policies that have been revised or added in response to review by the Airport Land Use Commission (ALUC) on May 18, 2006, and your letter of June 13, 2006. LU 3.8 Requires referral of land use regulations and development projects that include buildings with a height greater than 200 feet above ground level to ALUC for review. LU 5.6.5 Requires that applicants for heliports or helistops comply with all applicable permit requirements and conditions of approval. LU 6.15.3 Requires all development in the Airport Area to be in conformance with FAA and Caltrans Division of Aeronautics height limits, and that residential development be outside the 65 dBA CNEL noise contour in the JWA AELUP. LU 6.15.16 Requires that neighborhood parks in the Airport Area be posted with notifications regarding aircraft overflight and noise. City Hall • 3300 Newport Boulevard • Post Office Box 1768 Newport Beach California 9265E-8915 • www.citynewport-beach.ca.us L Karl A. Rigoni July 10, 2006 Page 2 H 3.2 Disallows residential development within the 65 dBA CNEL noise contour in the JWA AELUP. R 1.12 Requires that public parks in the noise impact zone identified in the JWA AELUP be posted with notifications regarding aircraft overflight and noise. 58.7 Requires use of the JWA AELUP for evaluation of land use compatibility in areas impacted by JWA operations, specifically the existing JWA Clear Zone/Runway Protection Zone, shown on new Figure S5. N 3.1 Requires use of JWA AELUP noise contours to ensure new development is compatible with the noise environment, N 12 Disallows residential development within the 65 dBA CNEL noise contour In the JWA AELUP. N 3.3 Requires consideration of avigation easements in favor of Orange County when noise sensitive uses are proposed in the JWA planning area. In your letter of June 13, 2006, you also commented on several sections of the Implementation Program, Although revisions to that section of the General Plan are included in the latest draft, and some of your comments are addressed, please note that the Implementation Program is still undergoing revision. It is likely that this section will not be finalized by the time the City Council takes action on the General' Plan elements, which contain all the plan's regulatory provisions. I' will send you the final Implementation Program when it is complete. I believe that the revisions to policies and figures in this submittal address all of the comments in your letter of June 13, 2006, and upon adoption of this General Plan, the City of Newport Beach should be considered a "consistent agency." I would like to extend my thanks to your Commission for their courtesy in accommodating the City's schedule for the General Plan update, and to you for your guidance in responding to comments from the ALUC. If you have any questions or concerns with the revisions to the draft General Plan, please call me at 644-3222. Sincerely, Sharon Wood Assistant City Manager cc: Mayor and City Council Homer Bludau, City Manager Robin Clauson, City Attorney GRANGE COUNTY July 25, 2006 AIRPORT LAND USE COMMISSION FOR ORANGE COUNTY 3160 Airway Avenue • Costa Mesa, California 92626.949:252.5170 fax: 949.252.6012 City of Newport Beach City Council 3300 Newport Boulevard P.O. Box 1768 Newport Beach, CA 92658-8915 Subject: Comments on Draft General Plan Update Honorable Mayor and During its regular for Orange Count, 7, 2006) for Conn! Wayne Airport.0 of Newport Beacf. subject to final ap request that & fo Members: Ting of July 20, 2006, the Airport Land Use Commission (ALUC) isidered the City of Newport Beach draft General Plan (dated July cy with the Airport Environs Land Use Plan (AEL&F) for John and AEL UP for Heliports. The ALUC tools action to�f nd the City be +a 1) Land Use,-Housing,and Noise Element; These elements now require -that -:all development in the Airport Area must be in confo'rinancei. with FAA -and Caltrans,Division 6f Aeronauticshei& limits, and residential develgptnent must bbe'located outside the 65 dB CN13L noise contours, as identifrd-in tlie'DDecew r- - -2002 AELXT-t JWA. It is recommended-that.the sit' femove, %6 date.of the AEL-UP%since the document may tie revised once:each year if the ALUC deems it appropriate to do so. If the city desires to identify that this is the largest contour outside which residential development would be located, then it may be advisable to specifically reference the 1985 JWA Master Plan 65 dB CNEL contour. 2) Safety Element: This element now requires use of the JWA AEL UP for evaluation of land use compatibility in areas impacted by JWA operations, in particular land use decisions within the existing JWA Clear Zone/Runway Protection Zone. 4 Page 2 July 25, 2006 It is recommended that the city also evaluate safety hazards for proposed land uses within the Inner Turning Zone and Traffic Pattern Zone as defined in the existing JWA Airport Layout Plan. These zones are shown on the City's new Figure S5 included in the Safety Element. The City of Newport Beach has engaged in a very cooperative work effort with ALUC staff throughout the General Plan Update process. We greatly appreciate the work of City staff throughout this process. It appears that the majority of the ALUC concerns and comments have been addressed. Please notify the ALUC should any significant further changes be made as a result of your Council action. Sincerely, Karl A. Rigoni Executive Officer cc: Airport Land Use Commissioners Alan L. Murphy, Director, JWA Sharon Wood, City of Newport Beach Gregg Ramirez, City of Newport Beach 2