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HomeMy WebLinkAbout22 - General Plan UpdateCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 22 April 25, 2006 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM:. City Manager's Office Sharon Wood, Assistant City Manager 949 - 644 -3222, swood @city.newport- beach.ca.us SUBJECT: General Plan Update: Land Use and Circulation Elements APPLICANT NAME: City of Newport Beach RECOMMENDATIONS: 1. Receive public comments on the referenced elements of the draft General Plan. 2. Provide directions to staff on revisions to the referenced elements of the draft General Plan. 3. Continue public hearing to May 9, 2006. DISCUSSION: Background: The City Council held a public hearing on the following elements of the draft General Plan on April 11, 2006: Harbor and Bay, Historical Resources, Recreation, Arts and Cultural, Natural Resources, 'Safety and Norse. This is the first public hearing on the Land Use and Circulation Elements. The Planning Commission held their first public hearing on these elements on April 20, and their comments and recommendations are summarized in this report. Areas of Change and Development Potential: The draft General Plan includes land use change and development potential in several areas of the City. The attached Plan Capacity table shows the quantities of use, by major land use category, that are existing as of 2005, permitted in the existing General Plan, proposed in the draft General Plan, and studied in the General Plan environmental impact report (EIR). The last column in the table indicates the differences between the existing and draft General Plans. It shows that, while increases in residential, commercial and hotel land uses are proposed, these are offset by proposed decreases in office and industrial land uses. General Plan Update April 25, 2006 Page 2 Some of this change and development potential is included in the existing General Plan, and most of that has been carried forward to the proposed plan. In some cases, the City has no or limited ability to change this development potential. For example, Newport Coast and Newport Ridge have potential for the development of approximately 1,170 residential units. This development potential is "vested," or protected, through a development agreement approved by the County of Orange and a pre- annexation agreement between the City and The Irvine Company. The City may not reduce this entitlement without the agreement of The Irvine Company. The Irvine Company has agreed to reduce entitlement by approximately 370 units, and this is reflected in the draft Land Use Element. Also reflected in the draft General Plan is The Irvine Company's agreement to reduce residential development potential by approximately 300 units in Bonita Canyon, Upper Castaways, Newporter North, and the freeway reservation parcel. Another area where the City is not likely to change development potential is Santa Ana Heights. Both the existing and draft General Plans allow the development of 200,000 square feet of office and retail space. This is consistent with the Specific Plan for this area, which was in place at the time of annexation. Our experience with this neighborhood is that the residents are very happy with the Specific Plan, and are not interested in any changes. The potential for additional housing units in various other areas is in both the existing and draft General Plans. This potential includes approximately 530 units on the Balboa Peninsula, 960 units on Balboa Island and 360 units in Corona del Mar as a result of two - family zoning designations, as well as 300 units on Lido Isle due to underlying lots. Much of this development potential has existed since 1988 or longer without being exercised, and staff does not expect it to be fully exercised during the life of the updated General Plan. While the potential of this development occurring is low, it has been included in the environmental analysis to show worst case impacts and to allow for flexibility in decisions on the final land use plan. And while unlikely to be exercised, this development potential is important to some property owners as a "nest egg" or for flexibility to upgrade or expand as needs change over time. Staff and the General Plan Advisory Committee (GPAC) have suggested the following areas where residential development potential could be reduced. ■ West Newport, Balboa Beacon Bay — Change land use designation from duplex to single - family residential (reducing development potential by approximately 1,500 units) to reflect current development trends and strengthen owner occupancy in West Newport. Staff suggested this change for the Balboa Peninsula as well, but GPAC did not recommend it, in response to public input on this proposal. ■ Lido Isle — Reduce residential potential existing lot and ownership patterns, undersized lots. General Plan Update April 25, 2006 Page 3 by approximately 300 units to reflect and require mergers of underlying, It is in the subareas selected for special study as part of the General Plan update that City Council decisions regarding land use, development and traffic generation will be the most significant. General Plan Subareas: The Planning Commission discussed three subareas on April 20, 2006, the Airport Area, Newport Center /Fashion Island, and West Newport Mesa. Part of their discussion included the traffic generation impacts of land use changes, and staff and the traffic consultant used basic model formulas. to estimate trip generation changes, and displayed them on a screen during' the discussion. This report includes as an attachment the Daily Trip Generation Summary from the traffic study, showing the number of trips with existing landr use as of 2002 by subarea (and as of 2005 Citywide), and projected trips by subarea with full buildout of the existing and draft General Plans. The "With Project" numbers, based on buildout of the General Plan proposals analyzed in the EIR, is the starting point for this exercise. Also attached is a copy of the spreadsheet showing the reductions in trip generation resulting from the land use changes on which the Planning Commission reached preliminary agreement. (The Commission understands that information in the EIR and additional public input may lead to different recommendations at the conclusion of their public hearings.) The Planning Commission recommendations so far result in 9,425 fewer trips than analyzed in the EIR. Airport Area: The Planning Commission considered whether this is an area of Newport Beach in which more housing opportunities should be; provided, including the City's responsibility to meet our share of regional housing needs, the potential for housing affordable to people who work locally'the,;likelihood that people would live and work in the same area, and the potential traffic benefits — not only from people living near their jobs, but also from people commuting in the opposite direction at peak hours and reducing impacts on intersections in the area. The Commission then took straw votes on the following items: 1. Number of units -- None of the Commissioners supported 4,300 units, the number analyzed in the EIR. The majority felt that 3,300 units is appropriate, and two Commissioners felt that the number should be lower, primarily because of their concern that the Airport Area should continue to be the primary office center in Newport Beach. General Plan Update April 25, 2006 Page 4 2. Residential use in 65 CNEL contour -- A majority recommended that the mixed used designation allowing residential development not be used within this noise contour, to assist Newport Beach in being deemed a consistent agency by the Airport Land use Commission (ALUC), to avoid the need for the City Council to override ALUC denials of residential projects, and to avoid the need for a statement of overriding considerations on the General Plan approval due to significant environmental impacts resulting from permitting residential development within this noise contour. Two Commissioners felt that the possibility for residential use in this area should remain in the plan to provide greater flexibility, especially as aviation technology may reduce noise levels during the life of the General Plan. This reduction in mixed use land area did not change the Commission's recommendation on number of units. The Commission asked staff to prepare a recommendation on the boundary between the mixed use and office designations (e.g., follow the noise contour exactly, follow property lines approximating the contour, a combination of the two). 3. Minimum land area and density for 1St phase of development -- The Commission was unanimous in supporting the plan as drafted in these areas. 4. Designated residential sites vs. broad permission for residential -- Commissioners were concerned about the fairness of a system in which the amount of land designated for mixed use could accommodate more residential units than the number allowed, which would be administered on a "first come, first served" basis. To provide flexibility for property owners over time, and after hearing that the existing. office entitlement is administered on that basis, the Commission agreed to retain the mixed use designation across a large part of the Airport Area (except the 65; CNEL as discussed above), rather than limiting it to the residential neighborhoods illustrated in the concept diagram prepared by ROMA Design Group. 5. Additive Residential Use — The residential concept developed by ROMA and the recommendations from GPAC assumed that residential development would replace office and industrial development on the west side of MacArthur Boulevard, but could be in addition to those uses in Koll Center Newport. The Commission had some concerns about the fairness of this difference, but their conclusion was to support additive residential in Koll Center because the surface parking lots have the potential to be good residential sites and there are amenities in Koll Center that could form the framework for open space, pedestrian connections, etc. as part of a residential village. The Commission asked staff to include the reasons for allowing additive residential in the General Plan, and to add policy that allows it only if there is no loss of significant landscaped areas and,other amenities. General Plan Update April 25, 2006 Page 5 Newport Center /Fashion Island The Planning Commission took straw votes on the following items. 1. Number of residential units -- There was discussion of the origins of the two numbers considered during the update process, 450 units being the request of the primary property owner, The Irvine Company, and 600 having been recommended by GPAC. Staff noted that other property owners are interested in residential development, and an application for 16 units is on file. A majority recommended reducing the number to 450, while two Commissioners supported 600 units, believing that Newport Center is a desirable residential area and additional office space is not likely to be developed here. Commissioners also compared Newport Center to the Airport Area as opportunity areas for housing development, and noted that the Airport Area is more likely to support housing affordable to first -time buyers and people who work in Newport Beach. 2. Size of mixed used land area - The Commission considered whether the mixed use designation allowing residential development is applied to too many sites in the draft land use plan, and recommended the following changes: a. Designate Corporate Plaza West CO -R, Regional Commercial Office b. Designate Newport Beach Country Club parking lot PR, Parks and Recreation c. Designate the landscape arcs at the corners of Coast Highway and Newport Center Drive OS, Open Space (This is a map correction.) The Commission considered removing the hotel sites from the mixed use designation, but instead recommended an additional policy that would prohibit using the residential entitlement to convert hotel rooms to full -time residential use. West Newport Mesa The Commission was concerned about the amount of development the draft General Plan would allow in this subarea, and the resulting trip generation, especially in light of traffic concerns at intersections in the area.,: At the same time, the Commission was interested in accommodating the reuse of Newport Technology Center for medical uses. They recommended that the residential designation be changed to the lower density classification of RM -B, Medium Density Residential (which allows a maximum of 20 units per acre), and that the maximum floor area ratio (FAR) for medical office be reduced to .75. Circulation Element: Staff suggests that the City Council not make recommendations on circulation improvements and policies until a recommended land use plan begins to emerge and the traffic generation consequences of that plan are known. Environmental Review: A Draft EIR has been completed and provided to the State clearinghouse, beginning the 45 day public review period on April 21, 2006. Copies of the Draft EIR will be available to the City Council and the public on approximately April 25. The remaining public hearings on the General Plan will also be hearings on the EIR. Public Notice: Notice of this public hearing, and subsequent public hearings on the General Plan update and EIR, was provided by a quarter page display advertisement in the Daily Pilot on April 8, 2006. Government Code Section 65091 provides that, when the number of property owners to whom notice would be required to be mailed is greater than 1,000 (which is the case with a comprehensive General Plan update), notice may be provided by placing a one - eighth page advertisement in the local newspaper. Submitted by: Sharon Wood Assistant City Manager Attachments: 1. Plan Capacity Table 2. Daily Trip Generation Summary — Table ES -1 3. 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W w LL 12 a f w oI_wi - E G0 U' Q 0 Q ¢ mz000.0 i J Q M N M Q Z Cl) N U C F- I- a O S W IL a a N Q z U z g Contents (Land Use Element) CHAPTER 3 Land Use Element ...................................................................................... 3-1 Introduction.................................................................................................................. 3-2 Our Starting Point—Newport Beach's Existing Land Uses ......... ............................3 -4 Goalsand Policies ....................................................................................................... 3-5 Role and Character of Newport Beach ("Who We Are") ............................3 -5 Uses to Be Accommodated ("What Uses Contribute to Our Community?") .............................................................................................. 3-6 Organization and Form of Uses ("How Are Land Uses Distributed?") ......... 3-8 LandUse Diagram ........................................................................................ 3-11 Community Character ("Maintaining the Character of Our Neighborhoods and Districts") .................................................................. 3-11 Residential Neighborhoods .................................................................... 3-12 Multi-Family Neighborhoods ................................................................... 3-49 Commercial Districts ................................................................................ 3-51 Mixed-Use Districts and Neighborhoods ............................................... 3-53 All Commercial and Mixed-Use Districts ............................................... 3-55 Office and Business Parks ........................................................................ 3-56 All Neighborhoods, Districts, and Corridors ..................... ...........................3 -58 Neighborhoods, Districts, and Corridors ("Places That Distinguish NewportBeach") ....................................................................................... 3-58 Public and Institutional Uses and Districts ............................................. 3-58 Residential Neighborhoods .................................................................... 3-60 Districts....................................................................................................... 3-63 BanningRanch ........................................................................................... 3-63 WestNewport Mesa .................................................................................. 3-73 BalboaPeninsula ........................................................................................ 3-76 LidoVillage ................................................................................................. 3-76 CanneryVillage ......................... . ............................................................. 3-79 McFaddenSquare .................................................................................... 3-80 BalboaVillage.......- ................................................................... . ............. 3-80 Areawide.................................................................................................... 3-82 LidoVillage ................................................................................................. 3-83 CanneryVillage ......................................................................................... 3-84 InteriorParcels ................................................................................ .......... 3-84 BoyfrontParcels ........................................................................................ 3-87 McFadden Square, West and East of Newport Boulevard ....................3 -87 BalboaVillage ............................................................................................ 3-88 Newport Center /Fashion Island ................................................................ 3-91 AirportArea ................................................................................................ 3-95 Business Park Districts ............................................................................... 3-97 CampusTract ........................................................................................... 3-97 CommercialNodes .................................................................................. 3-98 Residential Villages .......................................................................... . ....... 3-98 Corridors................................................................................................... 3-107 WestNewport ........................................................................................... 3-108 Old Newport Boulevard .......................................................................... 3-110 Mariner's Mile 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RINKEA April 21, 2006 TO: COUNCIL MEMBERS CITY OF NEWPORT BEACH RE: April 25te City Council Hearing Circulation Element of the General Plan Of Santa Ana Heights "IiECEI U F AGENDA PRI;J7EG:" I am a resident of 2342 Mesa Drive, having built our home and moved in 39 years ago in 1967. The enclosed photographs graphically illustrate the conditions of the Mesa Drive properties in the event the two fences are approved to accommodate an additional horse trail along Mesa Drive. The routing of the existing trail and proposed additional trail is shown on the enclosed plan entitled "Santa Ana Heights Recreation Plan". The existing trail (marked green) runs from north to south on Cypress, dead - ending at Mesa Drive then turns west for a short distance to the Santa Ana Wash and then continues down the Santa Ana Wash where there are no houses to the Back Bay. The few horse owners in Santa Ana Heights want to have an alternative trail (marked blue) to turn left on Mesa Drive "to circulate their ride" to go to the east side of the Back Bay so that they would not have to retrace their ride back up the Wash, etc. All of our neighbors on Mesa Drive are most alarmed at the possibility of this horse trail being installed to the devastation of our landscaping and property. My next -door neighbor John Crean is most concerned; however, at this time he is in poor health and was not sure that he would be able to write a letter to your Council. However, he did request that I express his dissatisfaction along with the others to the trail being approved. Specifically, it is our request that at this meeting you "delete the proposed equestrian trail along Mesa Drive from the plans being approved ". While we respect the equestrian heritage of the community, although it is small, we believe that the EXISTING trail is sufficient to meet their needs without the impact on our homes and properties of additional trails. Thank you for your consideration; I plan to attend your Council meeting to answer any questions. Mr. Buck Johns, another neighbor who is vitally concerned is in Europe and may be unable to make the iI Meeting and John Crean will not be at the meeting. Encls. POST OFFICE BOX 7260 • NEWPORT BEACH. CALIFORNIA 82938 -7250 TEL: 714/970 -8300 • FAX: 714/970 -3327 W,7 I lam. % Ll _N .. t. 441 IL 10 •11 07 LLJ F_ C3) 0 Q) -0 LLJ cu Q) C: 0, 0 .-T-- E 'CL T) -0 -0 x Lij < 4J, 441 IL 4J, 441 10 •11 - .... .. - # V •� I i Y J_� 1 R� f >A'r �i �� :� � __ -t. i ,' s.. ,. '' 3� { ±`�.^ =` *e r ... .. � ' JOAIIRRPORT 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 i- hP 41�F0R� "RECEIVED AFTER AGENDA 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 Gregg Ramirez, City of Newport Beach C'3 z; o m zi rs e� M 0 rF 4 M rSrr N a) C-) 111 Q" M M C') nrn =� — M N 1 AIRPM MAYM 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 J ;A OAZ O M �911P08�¢• 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 -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. 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 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 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: 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 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 krigonikocair.com. Sincerely, Alan L. Murphy Airport Director cc: Airport band Use Commission Greg Ramirez, City of Newport Beach 9 AIRPORT LAND USE COMMISSION ORANGE COUNTY 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 "RECEI D AFTER A ENDA PrV'fv' ED:" p Subject: Comment on Draft General Plan Update — Land Use Element M -[ c-1 Q� '+1 n z" �m CD C-> rn C-> Dm 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 Village Illustrative Concept Diagram shows both the Settlement Agreement 65 dB CNEI and the 1985 JWA Master Plan 65 dB CNEL contour. The Settlement Agreemer contour was not adopted for planning purposes around JWA, nor included in the AEL UP. In order to be consistent with the AEL UP for JWA, the General Plan sh reference the JWA Master Plan 65 dB CNEL contour contained in this AEL UP. The Draft L� designation) CNEL comr: and -o A IV contour A MU -B2 5 dB al Villages Illustrative Concept Diagram) We request that the proposed land uses within the contour be revised to reflect only non-residential uses. Table LU 1: 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 1 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 AEL UP 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, e goni t CJ' Executive Officer cc: Airport Land Use Commissioners Alan L. Murphy, Director, JWA Gregg Ramirez, City of Newport Beach v a AIRPORTS Orange County, California Alan L. Murphy Airport Director 3160 Airway Avenue Costa Mesa, CA 92626 -4608 949.252.5171 949.2525178 fax www.ocair.com . Q9ec "RE EIVED AFTE AGENDA LUC:, 'LANNINC Dtt NU&f I' MEN CITY OF vElNPORT BEACH April 20, 2006 AM APR 2 0 2006 PIS City of Newport Beach Planning Commission 718191I0111 112IlI2I;?I4I5IE 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 ti Airport Environs Land Use Plan (AEL UP) for JWA, California Public Utilii Code Section 21670, and the "Height Restriction Zone" and "Obstruction Imaginary Surfaces" as defined by the Federal Aviation Administration (FA 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 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 band 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 -IK. 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 signagc 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 krigoninn.ocair.com. Sincerely, Alan L. Murphy Airport Director cc: Airport Land Use Commission Greg Ramirez, City of Newport Beach 3 GRANGE COUNTY AIRPORT LAND USE COMMISSION FOR ORANGE COUNTY 3160 Airway Avenue • Costa Mesa, California 92626 - 949.252.5170 fax: 949.252.6012 rrtc i,t t:u �, April 20, 2006 1 LA[VNlhl`x 1'.. f ?Fi dUiFdU CITY OF N!PAIP+ -1Ff BEACH City of Newport Beach Planning Commission APR 2 0 2006 AM PM of Newport Beach 7 $ lO l 1 12 G P;(i 3300 Newport Boulevard (� l{ l l 3 1 9 t, 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: 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 Land Use Element that is agendized for the April 20, 2006 Planning Commission hearing. Additional comments on other Elements will follow based upon your hearingschedule for these Elements._ Figure LU23 Airport 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 'Vas not adopted for planning purposes around JWA, nor included in the JWA AELUP. To remain consistent with the AEL UP for JWA, the 1985 JWA Master Plan contours should be used in the General Plan;Update. The Draft Land Use Element shows planned residential (allowed'withtn 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). We request that the proposed land uses within the contour be revised to reflect only non - residential uses. Table LU1: 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 AEL UP. 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, g:e6 Kari A. Rigoni d Executive Officer cc: Airport Land Use Commissioners Alan L. Murphy, Director, JWA Greg Ramirez, City of Newport Beach