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22 - Adopting Housing Element Implementation Noise-Related Amendments, and Overriding OC ALUC's Determination of Inconsistency - Correspondence

Newport Beach City Council
November 14, 2023

Document
22 - Adopting Housing Element Implementation Noise-Related Amendments, and Overriding OC ALUC's Determination of Inconsistency - Correspondence
Meeting
November 14, 2023
Body
Newport Beach City Council
Pages
15
Text extracted from the city's file for reading and search. Open the original on ecms.newportbeachca.gov. That file is the official record.

Received After Agenda Printed
November 14, 2023
Agenda Item No. 22
-----Original Message -----
From: William Cope
Sent: November 10, 2023 6:49 PM
To: Dept - City Council
Subject: Newport Beach Golf Course
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe.

VOTE NO TO NEW DEVELOPMENT IN THE AREA OF MESA/BIRCH.

Think about it as if it were your neighborhood getting destroyed by more noise and crowding.

Sent from my iPhone

Received After Agenda Printed
November 14, 2023
Agenda Item No. 22
From: Jim Auster
Sent: November 13, 2023 5:44 AM
To: Jurjis, Seimone ; Dept - City Council
Cc: Linda Gledt ; M. Smith
Subject: 11/14 NBCC agenda
Seimone Jurgis, City Council
In 11/14 agenda, pg. 15 copied below, noise map revision is "Necessary to Implement the 6th Cycle Housing Element". Does "6th Cycle Housing Element" mean permit applications for housing in 65db zone will be processed only after 1,2,3,4,5th Cycles are developed?
Or, if'6th Cycle' does not mean a postponed schedule for 65 db sites can City Council commit and include language in the resolution that housing applications in 65 db zone will not be processed until all other lower impact sites outside 65 db zone are developed first and only as last resort to satisfy the Element required number of units? Also, is rezoning of NB Golf Course from Recreational Open Space for Element housing a change in General Plan that requires approval by public vote? Thanks
Jim

City Council Meeting
November 14, 2023

Page 15 ends

22. Ordinance Nos. 2023-20 and 2023-21 and Resolution No. 2023-72: Adopting Housing Element Implementation Noise -Related Amendments, and Resolution No. 2023-73: Overriding Orange County Airport Land Use Commission's Determination of Inconsistency (PA2022-0201) a) Conduct a public hearing;
b) Find the Amendments are exempt and not subject to further environmental review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15183 because the Amendments would not allow development of greater intensity than is allowed under the 2006 General Plan, including the Newport Airport Village Planned Community, as amended. The updated noise contours, and impacts associated therewith, were also fully analyzed in the 2014 John Wayne Airport (JWA) Settlement Agreement Amendment Environmental Impact Report No. 617;
c) Adopt Resolution No. 2023-72, A Resolution of the City Council of the City of Newport Beach, Califomia, Approving Amendments to the Land Use and Noise Elements of the General Plan, Related to Noise in the Airport Area Necessary to Implement the 6th Cycle Housing Element (PA2022-0201);
d) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance No. 2023-20, An Ordinance of the City Council of the City of Newport Beach, California, Approving An Amendment to Title 20 (Planning and Zoning) of the Newport Beach Municipal Cade Related to Noise in the Airport Area Necessary to Implement the 6th Cycle Housing Element (PA2022-0201), and pass to second reading on November 28, 2023;
e) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance No. 2023-21, An Ordinance of the City Council of the City of Newport Beach, California, Approving Amendments to Newport Place Planned Community Development Plan (PC-11) and Newport Airport Village Planned Community Development Plan (PC-60) Related to Noise in the Airport Area Necessary to Implement the 6th Cycle Housing Element (PA2022-0201), and pass to second reading on November 28, 2023; and
f) Adopt Resolution No. 2023-73, A Resolution of the City Council of the City of Newport Beach, California, Finding Amendments to the Noise and Land Use Elements of the General Plan, Title 20 (Planning and Zoning) of the Newport Beach Municipal Code, Newport Place Planned Community Development Plan (PC11) and Newport Airport Village Planned Community Development Plan (PC- 60), Related to Noise in the Airport Area Necessary to Implement the 6th Cycle Housing Element are Consistent with the Purposes of the State Aeronautics Act and Overriding the Orange County Land Use Commission's Determination that the Amendments are Inconsistent with the 2008 John Wayne Airport Environs Land Use Plan (PA2022-0201).

Received After Agenda Printed
November 14, 2023
Agenda Item No. 22
From: City Clerk"s Office
To: Mulvey, Jennifer; Rieff, Kim
Subject: FW: Item 22 at Tonight's Council Meeting - Noise Contours Date: November 14, 2023 1:21:07 PM
From: [email protected]
Sent: Tuesday, November 14, 2023 1:20:42 PM (UTC-08:00) Pacific Time (US & Canada) To: City Clerk's Office
Cc: [email protected] ; [email protected]

Subject: Item 22 at Tonight's Council Meeting - Noise Contours [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the coiSafe.

Dear City Councilmembers:

In anticipation of tonight's Item 22 regarding the proposed revision to the City's adopted noise contours, I will keep it short and sweet and please just ask that you consider the following:

1. Take a look at those agency comment letters to tonight's action; they are all opposed. Of particular concern they: caution the City to not take the proposed approach for increased liability / airport operator immunity (see second paragraph of ALUC letter dated 10/11/23), and inadequate findings supporting Safety Zone 6 of the AELUP (all letters), and importantly, the inappropriate reliance on past EIR's and piecemealing proposed future ones to satisfy CEQA (John Wayne Airport letter dated 10/9/23).

2. How is a CEQA analysis NOT warranted for this action??

3. Although this is about noise, what about exhaust and emissions from these planes? Should we really put housing and expose residents to such close flight proximity? Have you seen the soot on the houses under the current flight paths?

4. Does this not undermine the City's position with the airport in maintaining our settlement agreement? It seems like we'd be giving JWA the ability to further impinge on the City.

5. Has the Aviation Committee studied or weighed in on this?

6. Are we truly serving the residents of Newport Beach, regardless of their income, by allowing residential development in these areas? Seems ripe for a lawsuit.

7. Should the City be basing any policies or standards of development that will govern and guide development for possibly decades, based around trying to achieve RHNA numbers that may be revised in the future?

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