1. Voter approval is required for any major amendment to the Newport Beach General Plan. A "major amendment" is one that significantly increases the maximum amount of traffic that allowed uses could generate, or significantly increases allowed density or intensity. "Significantly increases" means over 100 peak hour trips (traffic), or over 100 dwelling units (density), or over 40,000 square feet of floor area (intensity).
2. The thresholds apply to the total of: 1) Increases resulting from the amendment itself, plus 2) 80% of the increases resulting from other amendments affecting the same neighborhood and adopted within the preceding 10 years. As the proposed amendment is considered a major amendment, it will not take effect if City Council decides to approve it, unless it has been accessed to registered voters and has been approved by a majority of those voting on it.
3. Should the City not implement the 6th Cycle Housing Element by February 2025, the City may be considered non -compliant with State Housing Laws and developers of affordable housing projects will be entitled to have their residential projects approved as a "builder's remedy" in accordance with Senate Bill 35, effectively ignoring height limits, density limits and other regulations designed to ensure development is consistent with the City's Vision Statement of the General Plan.
Tribal Consultation
Pursuant to Senate Bill 18, the City requested a Sacred Lands File (SLF) search on the project location from the Native American Heritage Commission (NAHC) on March 5, 2023. On March 22, 2023, the NAHC responded that the findings of the search were positive and identified 19 Native American tribal representatives to contact for further information on potential tribal resources. To comply with both the requirements of SB 18 and Assembly Hill 52, the City mailed and emailed notices regarding the proposed project to all of the listed tribes. The City received a response from only one representative of the Gabrieleno Band of Mission Indians — Kizh Nation expressing no concerns on the project given its programmatic nature, but also expressing a desire to be consulted on future individual projects.
Zoninq Code Amendment
An amendment to Title 20 (Planning and Zoning) of the NBMC is a legislative act. Neither Title 20 itself nor California Government Code Section 65000 et seq., set forth any required findings for either approval of such amendments. However, Section 20.66.040 of the NBMC requires the Planning Commission to make and file a report of its findings and recommendations with the Council.
Findings and Facts in Support of Finding:
The Zoning Code is a tool designed to implement the General Plan. Since the 611 Cycle Housing Element Implementation involves an amendment to the General Plan, it is necessary to also amend Title 20 (Planning and Zoning) to achieve its goals and policies.
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DocuSign Envelope ID: 624586F6-4D69-4101-9D3A-300ECCE30F20 Planning Commission Resolution No. PC2024-006
Page S of 62
2. The ZCA, attached to this resolution as Exhibits "B" and "C," and incorporated herein, including the Housing Opportunity (HO) Overlay Zoning Districts with associated development standards, and the Multi -Unit Objective Design Standards, are consistent with the implementation program in the Housing Plan of the Housing Element, as discussed above under the Findings for the General Plan Amendment. The ZCA will enable the implementation of the Housing Element's key objective, which is to accommodate the development of housing projects to fulfill City's "fair share" of regional housing need and demand.
Local Coastal Program Amendment
An amendment to Title 21 (Local Coastal Program Implementation Plan) of the NBMC is a legislative act. Neither Title 21 of the NBMC itself nor California Government Code Section 65000 et seq., set forth any required findings for either approval of such amendments.
Findings and Facts in Support of Finding:
1. The 6th Cycle Housing Element includes the Housing Plan, which sets forth programs and strategies to facilitate and encourage the development of the City's "fair share" of regional housing demand. Appendix B of the 6th Cycle Housing Element has identified several sites to be rezoned with the Housing Overlay (HO) Zoning District. A number of these sites are within the Coastal Zone. As the Zoning Code needs to be amended to add the new HO Overlay Zones, and the associated development standards, similarly, the Local Coastal Program needs to be amended to add the new Overlay Zones along with the development standards, for properties that are within the Coastal Zone.
2. The proposed amendments, attached to this resolution as Exhibit "D," and incorporated herein, fulfill the Housing Plan, as the amendments will facilitate the development of housing consistent with the 6th Cycle Housing Element as shown below:
6th Cycle Housing Element Implementation
Measures
Amendments to the Local Coastal Policy in
Support of Housing Element's
Implementation Measures
Housing Goal #1. Provision of adequate sites to
New Policy LU 2.1.11-1 calls for accommodating
accommodate projected housing unit growth
housing opportunities through the adoption of
needs within the following identified housing
housing opportunity overlay zoning districts for
opportunity sites:
the following opportunity sites:
• Airport Area Environs
• Airport Environs
• West Newport Mesa
• West Newport Mesa
• Dover/Westcliff
• Newport Center
• Newport Center
• Dover/Westcliff
• Banning Ranch
• Coyote Canyon
This new policy is consistent with Housing Goal
Housing Goal #2. Quality residential
#1.
development and preservation, conservation and
New Policies LU 2.1.11-2, LU 2.1.11-3 and LU
appropriate redevelopment of housing stock.
2.1.11-4 establish procedures regarding density
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Docusign Envelope ID: 624686F6-4D69-4101-9D3A-300ECCE30F20 Planning Commission Resolution No. PC2024-006
6th Cycle Housing Element implementation
Measures
Amendments to the Local Coastal Policy in
Support of Housing Element's
Implementation Measures
limits and clarify that residential opportunities
Housing Goal #3. A variety of housing types,
are in addition to existing uses allowed by the
designs, and opportunities for all social and
Coastal Land Use Plan and must be consistent
economic segments,
with applicable overlay or implementation plan
requirements unless modified consistent with
Housing Goal #4. Housing opportunities for as
established procedures to grant relief from
many renter- and owner -occupied households as
standards (e.g. Coastal Modification or Variance
possible in response to the market demand and
or the application of Density Bonus regulations).
RHNA obligations for housing in the City.
These policies fulfill Housing Goals #1 and #2,
as they set parameters for the overlay zones and
allow for uses permitted by underlying zones.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
The above recitals are true and correct and incorporate herein.
2. The Planning Commission declares that despite the potential for significant environmental effects that cannot be substantially lessened or avoided through the adoption of feasible mitigation measures or feasible alternatives, there exist certain overriding economic, social and other considerations for approving the proposed Project.
3. The Planning Commission hereby recommends the City Council certify the Final EIR (SCH#2023060699) attached as Exhibit "A," including the forthcoming draft findings.
4. The Planning Commission has read and considered the amendments to the General Plan, amendments to the Zoning Code, and the Local Coastal Program, as contained in Exhibits "B" through "E," as part of the consideration of the adopted Oh Cycle Housing Element implementation programs and recommends adoption of the General Plan Amendment, Zoning Code Amendments, and Local Coastal Program Amendment under PA2022-0245.
PASSED, APPROVED, AND ADOPTED THIS 18T" DAY OF APRIL, 2024.
AYES: Barto, Ellmore, Harris, Lowrey, and Salene
NOES: None
RECUSED: Langford and Rosene
ABSENT: None
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DocuSign Envelope ID: 624586F6-4D69-4101-9D3A-300ECCE30F20 Curtis Ellmore, Chair
BY: 6w i«'i'iS
Tristan Harris, Secretary
Planning Commission Resolution No. PC2024-006
Pa - 10 of 62
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Explanation of Housing Element Implementation Program in Relation to AELUP As discussed in the cover letter to this submittal, the very high Regional Housing Needs Assessment (RHNA) allocation of 4,345 new units has required the City to look citywide for new housing opportunity sites. While several sites have been identified in the AirportArea and its proximity, there arefive otherfocus areas where most new housing opportunity sites are being listed: Banning Ranch, West Newport Mesa, Dover -Westcliff/Mariner's Mile, Newport Center, and Coyote Canyon.
The complete breakdown is viewable in Section 4 and Appendix B of the adopted and certified Housing Element.
The City's Housing Element was reviewed by ALUC on September 16, 2021. The City Council adopted the Housing Element in February 2022; however, subsequent revisions were required based on feedback from HCD. After multip€e iterations and responsive revisions, the City Council re -adopted a revised Housing Element on September 13, 2022. The adopted Housing Element was then certified as being statutorily compliant by HCD on October 5, 2022. Section 4 (Housing Plan) of the Housing Element is the City's strategy to meet the RHNA allocation and includes several policy actions for implementation.
The proposed amendments serve to simply implement the City's adopted and certified Housing Element. The following sections further analyze the Housing Element Implementation Program Amendments' compatibility and consistency with the 2008 AELUP, as well as with the City's own adopted policies and ordinances. For ALUC's ease of review, the City is including a partial Housing opportunity Sites Inventory that inventories the various sites, their noise exposure, and their safety zones, as Appendix A to this narrative.
Noise Policies and Mitigation
There are no proposed policies or mitigation measures related to this proposal that are related to noise from John Wayne Airport. Instead, the City relies on its General Plan Land Use Element and Noise Element to provide pertinent goals and policies. The City also relies on its Title 20 (Planning and Zoning) of the Newport Beach Municipal Code (NBMC).
In November 2023, the City amended the Land Use and Noise Elements, as well as Title 20 of the NBMC to accommodate housing units identified by the adopted and certified 61' Cycle Housing Element, as follows:
Adopted updated noise contours (shown in Noise Element Figures N4 and N5) to reflect the noise contours identified by the 2014 John Wayne Airport Settlement Agreement Amendment Environmental Impact Report No. 617 (EIR No. 617),
Updated Land Use and Noise Element Policies, Land Use Element Figures LU11, LU22, and LU23, as well as Title 20 to modify and incorporate the updated noise contours identified by EIR No. 617 and to implement additional noise attenuation measures for future housing units proximate to John Wayne Airport; and Allowed residential units identified by the certified 611 Cycle Housing Element to be located within the 65 dBA CNEL noise contour area as identified in the updated noise contour maps identified by EIR No. 617. Parcels bisected by the updated 65 dBA CNEL noise contour could support future housing; whereas parcels located wholly within the updated 65 dBA CNEL noise contour could support housing, if deemed necessary to satisfy the Regional Housing Needs Assessment (RHNA) mandate.
The City's cited General Plan Policies and Title 20 regulations will help to ensure that appropriate noise considerations are made and that mitigation is included in the design. All current policies and regulations are all listed within Table 1 and Table 2 below.
Goal LU 6.15
A mixed -use community that provides jobs, residential, and supporting services in close proximity, with pedestrian - oriented amenities that facilitate walking and enhance livability.
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Policy LU 6.15.3 (Current General Plan Page 3-101) —Airport Compatibility Require that all development be constructed in conformance with the height restrictions set forth by the Federal Aviation Administration (FAA), Federal Aviation Regulations (FAR) Part 77, and Caltrans Division of Aeronautics, and that residential development shall be allowed only on parcels with noise levels of less than John Wayne Airport 65 dBA CNEL noise contour area as shown in Figure N5 of the Noise Element of the General Plan, unless and until the City determines, based on substantial evidence, that the sites wholly within the 65 dBA CNEL noise contour shown in Figure N5 are needed for the City to satisfy its Sixth Cycle RHNA mandate. Nonresidential uses are, however, encouraged on parcels located wholly within the 65 dBA CNEL contour area.
Goal N 1 (Current General Plan Page 12-25) — Noise Compatibility Minimized land use conflicts between various noise sources and other human activities.
Policy N 1.1 (Current General Plan Page 12-26) — Noise Compatibility of New Development Require that all proposed projects are compatible with the noise environment through use of Table N2 and enforce the interior noise standards shown in Table N3.
Policy N 1.2 (Current General Plan Page 12-26) — Noise Exposure Verification for New Development Applicants for proposed residential or mixed -use projects located in areas projected to be exposed to 65-70 dBA CNEL or greater, as shown on Figure N5 must conduct a noise study to provide evidence that the depicted noise contours do not adequately account for local noise exposure circumstances due to such factors as, topography, variation in traffic speeds, and other applicable conditions. These findings shall be used to determine the level of exterior or interior noise attenuation needed to attain an acceptable noise exposure level and feasibility of such mitigation when other planning considerations are taken into account, consistent with Title 21 of the California Code of Regulations.
Policy N 1.3 (Current General Plan Page 12-26) — Remodeling and Additions of Structures Require that all remodeling and additions of structures comply with the noise standards shown in Table N3.
Policy N 1.4 (Current General Plan Page 12-26) — New Development in Urban Areas Require that applicants of residential portions of mixed -use projects and high -density residential developments in urban areas (such as the Airport Area and Newport Center) demonstrate that the design of the structure will adequately isolate noise between adjacent uses and units (common floor/ceilings) in accordance with the California Building Code.
Policy N 1.5 (Current General Plan Page 12-26) — Infill Projects Allow a higher (above 65 dBA CNEL) exterior noise level standard for Will projects in existing residential areas adjacent to major arterials if it can be shown that there are no feasible mechanisms to meet the exterior noise Levels. The interior standard of 45 dBA CNEL shall be enforced for any new residential project or mixed -use project containing a residential component, consistent with Title 21 of California Code of Regulations.
Policy N 1.5A (Current General Plan Page 12-26) —Airport Area Infill Projects Allow infill residential projects proximate to John Wayne Airport to have a higher exterior noise level standard (65- 70 dBA CNEL) if it can be shown that there are no practical mechanisms or designs to meet the exterior noise levels. The interior standard of 45 dBA CNEL shall be enforced for any residential component of projects. No residential units may be located on parcels wholly within the John Wayne Airport 65 dBA CNEL noise contour area as shown in Figure N5, of the Noise Element of the General Plan, unless and until the City determines, based on substantial evidence, that the sites wholly within such contour area are needed for the City to satisfy its Sixth Cycle RHNA mandate. Nonresidential uses are encouraged on parcels located wholly within the 65 dBA CNEL contour area, shown in Figure N5.
Policy N 1.6 (Current General Plan Page 12-27) — Mixed -Use Development Encourage new mixed -use developments to site loading areas, parking lots, driveways, trash enclosures, mechanical equipment, and other noise sources away from the residential portion of the development.
Goal N 3 (Current General Plan Page 12-29)
Protection of Newport Beach residents from adverse noise impacts of commercial air carrier operations at John Wayne Airport as provide in the City Council Airport Policy.
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Policy N 3.1 (Current General Plan Page 12-29) — New Development Ensure new development is compatible with the noise environment proximate to John Wayne Airport by not allowing residential units on parcels located wholly within the John Wayne Airport 65 dBA CNEL noise contour, as shown in Figure N5 of the Noise Element of the General Plan, unless and until the City determines, based on substantial evidence, that the sites wholly within such contour area are needed for the City to satisfy its Sixth Cycle RHNA mandate.
Policy N 3.2 (Current General Plan Page 12-29) —Residential Development Require that residential development proximate to John Wayne Airport shalt not be located on parcels wholly within the John Wayne Airport 65 dBA CNEL noise contour shown in Figure N5 of the Noise Element of the General Plan, unless and until the City determines, based on substantial evidence, that the sites wholly within such contour area are needed for the City to satisfy its Sixth Cycle RHNA mandate. Require developers of residential or mixed -use land uses with a residential componentto notify prospective purchasers or tenants of aircraft noise.
Additionally, require outdoor common areas or recreational areas of residential or mixed -used developments to be posted with signs notifying users regardingthe proximity to John Wayne Airport and the presence of operating aircraft and noise.
Policy N 3.3 (Current General Plan Page 12-29)—Avigation Easement Consider requiring the dedication 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 Airport Environs Land Use Plan (AELUP).
20.30.080 (Noise)
F. Residential Use Proximate to John Wayne Airport. Residential uses, including mixed -use residential, shall be allowed on parcels or sites wholly or partially outside the John Wayne Airport 65 dBA CNEL noise contour as shown in Figure N5 of the Noise Element of the General Plan, as identified in the 2014John Wayne Airport Settlement Agreement Amendment Environmental Impact Report (EIR No. 617) and consistent with Title 21 of the California Code of Regulations, subject to the following conditions that apply to all residential projects within the John Wayne Airport 60 dBA CNEL or higher CNEL noise as shown in Figures N4 and N5 of the Noise Element of the General Plan:
1. Prior to the issuance of any building permits for such development, a noise study shall be prepared by a City - approved qualified acoustical consultant and submitted to the Community Development Directorfor approval;
2. All new residential structures or the residential units within a mixed -use development shall be attenuated to provide an interior noise level of 45 dBA CNEL or less;
3. The design of the residential portions of mixed -use projects and residential developments shalt have adequate noise attenuation between adjacent uses and units (common floor/ceilings) in accordance with the California Building Code;
4. New mixed -use developments shall incorporate designs with loading areas, parking lots, driveways, trash enclosures, mechanical equipment, and other noise sources away from the residential portion of the development;
5. Use of watts, berms, interior noise insulation, double -paned windows, advance insulation systems, orother noise mitigation measures as deemed appropriate shall be incorporated in the design of new residential to bring interior sound attenuation to 45 dBA CNEL or less;
6. Residential uses shall be indoor -oriented to reduce noise impingement on outdoor living areas;
7. On -site indoor amenities, such as fitness facilities or recreation and entertainment facilities, shall be encouraged;
8. Advanced air filtration systems for buildings shalt be considered to promote cleaner air; and
9. Residential development shall be limited to parcels or sites wholly or partially outside the 65 dBA CNEL noise contour, unless and until the City determines, based on substantial evidence, that the parcels or sites wholly within such contour area are needed for the City to satisfy its 6th Cycle RHNA mandate. Nonresidential uses are encouraged on parcels or sites located wholly within the 65 dBA CNEL contour area.
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Community Noise Equivalent Levels (CNEL) Compatibility
The adopted Section 4 (Housing Plan) and the Draft Program Environmental impact Report (DEIR) include a total of 75 new sites within the area of the Noise Impact Zones using contours identified in the 1986 JWA Master Plan. Of those sites, 27 are proposed within the 60-to-65 dBA CNEL contour and 11 are proposed outside of a noise impact zone in areas less than 60 dBA CNEL. The remaining 37 new sites fallwithin the 65-to-70 dBA CNEL contours As discussed in Subsection 3.2.3 (Noise Impact Zone "1" — High Noise Impact [65 dB CNEL and above]) and Subsection 3.2.4 (Noise Impact Zone "2" — Moderate Noise Impact [60 dB CNEL or greater, less than 65 dB CNEL]), residential units may be consistent with proper sound - attenuation and careful design considerations. For any residential sites and uses within Noise Impact Zone "1" or "2," the City will ensure future development is consistent with the AELUP considerations and Noise Element policies cited above to ensure compatibility.
Table 1 (Airport Land Use Commission for Orange County Airport Environs Land Use Plan Limitations on Land Use Due to Noise) of the AELUP shows all types of residential land uses in this noise area as "Normally inconsistent" unless sound attenuated to ensure that the interior CNEL does not exceed 45 dB, and that all units are indoor oriented so as to preclude noise impingement on outdoor livingareas. This is further explained in Subsection 3.2.3 (Noise Impact Zone "'I "— High Noise Impact [65 dB CNEL and above]). The City's recent changes in November 2023, listed in Tables 1 and 2 above, will help to ensure that appropriate noise considerations are made and that mitigation measures are included in the design.
Despite the above mentioning of the proposed Housing Element Implementation Program Amendments' consideration of the 1985 JWA Master Plan contours, the City believes that these existing noise contours identified in Appendix D of the ALEUP are no Longer accurate. This is demonstrated in the technical analysis provided as park of the 2014 John Wayne Airport Settlement Agreement Amendment Environmental Impact Report No. 617 (2014 EIR No. 617) that was certified by the County of Orange. Furthermore, the identified noise contours, which were last reviewed in 2008, no longer reflect the best available science regarding noise impacts in the vicinity of the airport and do not reflect the actual levels of noise experienced by inhabitants at the property. Therefore, the City believes that the noise contours identified in Appendix D of the AEUEP are outdated and are no longer relevant for the basis of environmental analysis and consistency with the intent of the ALEUP. Nonetheless, the City has provided the enclosed Exhibit B1 showing the location of the sites in relation to the existing ALEUP identified noise contours, as well as Exhibit B2 showing the location of the sites in relation to the 2014 EIR No. 617 contours recognized by the City's Noise Element.
Of the 75 new housing opportunity sites identified in the Airport Area, 56 are located wholly or partially outside the 65 dBA CNEL contour identified by the 2014 EIR No. 617. 19 new housing opportunity sites are located wholly within the updated 65-70 dBA CNEL contour area boundary.
It should be made clear that in no case is the City is prioritizing housing within the 70-to-75 dBA CNEL contour or above.
Safety Compatibility
As part of the site selection process, the City made it a point to avoid sites in the following runway safety zones:
• Safety Zone 1— Runway Protection Zone "RPZ";
• Safety Zone 2— Inner Approach/Departure Zone; and
• Safety Zone 5 — Sideline Zone
69 of the 75 new sites identified within the vicinity of JWA are completely within Safety Zone 6 —Traffic Pattern Zone with the remaining 6 being only partially within Safety Zones 3 — inner Turning Zone or 4 — Outer Approach/Departure Zone.
As provided in Appendix D of the AELUP, Table 9B (Safety Compatibility Qualities), residential uses are allowed in Safety Zone 6. Residential uses are allowed in Safety Zone 4 as infill in urban areas and in Safety Zone 3 as a very low density use with special consideration for noise.
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Zone 3: Inner Turning Zone
{risk Factors / Runway Proximity Basic Compatibility Qualities �► Zone primarily applicable to general aviation airports r Limit residential uses to very lovv densities (if not deemed k Encompasses locations where aircraft are typically turn- unacceptable because of noise) ing from the base to final approach legs of the standard } Avoid nonresidential uses having moderate or higher usage traffic pattern and are descending from traffic pattern intensities (e.g., major shopping centers, fast food restau- altitude rants, theaters, meeting halls, buildings with more than three > Zone also includes the area where departing aircraft aboveground habitable floors are generally unacceptable) normally complete the transition from takeoff power s Prohibit children's schools, large day care centers, hospitals, and flap settings to a climb mode and have begun to nursing homes turn to their en route heading > Avoid hazardous uses (e.g. aboveground bulk fuel storage) Zone 4: Outer Approach/Departure Zone
Risk Factors I Runway Proximity
> Situated along extended runway centerline beyond
Zone 3
> ;approaching aircraft usually at less than traffic pattern altitude
r Particularly applicable for busy general aviation runways (because of elongated traffic pattern), runways with
straight -in instrument approach procedures, and other
runways %-vhere straight -in or straight-out flight paths are common
> Zone can be reduced in size or eliminated for runways with very -low activity levels
Zone 6: Traffic Pattern Zone
Risk Factors I Runway Proximity
s Generally law likebhcod of accident occurrence at most airports, risk concern primarily is with uses for which potential consequences are severe
s Zone includes all other portions of regular traffic pat- terns and pattern entry routes
Height Restriction Zones
Basic Compatibility Qualities
s In undeveloped areas, limit residential uses to very low densi- ties (if not deemed unacceptable because of noise); if alter- natiw uses are impractical, allow higher densities as infill in urban areas
s Limit nonresidential uses as in Zone 3
> Prohibit children's schools, large day care centers, hospitals, nursing hornes
Basic Compatibility Qualires
s Allow residential uses
s Allow most nonresidential uses; prohibit outdoor stadiums and similar uses with very high intensities
> Avoid children's schools, large day care centers, hospitals, nursing homes
As presently drafted, all sites within the Housing Opportunity (HO) Overlay Zones will be subject to the current heights allowed by the base zoning district with exception of four parcels that are subject to an unduly restrictive 18-foot height [imitation. These are being granted new heights of 35 and 60 feet. However, in no event will the City's rezoned height limits be inconsistent with the parameters outlined in Subsection 3.2.6 (Height Restriction Zone) of the AELUP and FAA standards.
In addition, future updates to the Land Use Element and rezoning wit[ be subject to future Airport Land Use Commission (ALUC) review, consistent with Public Utilities Code Section 21676. See the draft Housing Opportunity (HO) Overlay Zoning Map for HO-1 Airport Area Environs Area below.
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City of Newport Beach Housing Element Implementation Program Amendments ALUC Submittal, April 26, 2024
EXHIBIT B1 - 2008 AELUP Noise Contours
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Noise Contours '--, Airpurt Area Housing Sites
0 60 0 0.07 0.15 0.3 Mar:
65 17-160
City of Newport Beach Housing Element Implementation Program Amendments ALUC Submittal, April 26, 2024
EXHIBIT B2 - City Noise Element Noise Contours
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Noise Contours Oily Boundary
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© 65 F-_7 Alvort +area Housing Sites
® 70 0 0.07 4.15 0.3 Miles
I♦ 75 I 1 1 i „f.
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Attachment F
ALUC Determination Letter
17-162
/ AIRPORT LAND USE COMMISSION
ORANGE COUNTY
FOR ORANGE COUNTY
.4LUC 3160 Airway Avenue • Costa Mesa, California 92626 - 949.252.5170 fax: 949.252.6012 May 23, 2024
Ben Zdeba, Principal Planner
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
Subject: ALUC Determination for Housing Element Implementation Program Amendments (Proposed Amendments to the General Plan Land Use Element, Title 20 (Planning and Zoning) of the Newport Beach Municipal Code (NBMC), and Local Coastal Program Dear Mr. Zdeba:
During the public meeting held on May 16, 2024, the Airport Land Use Commission (ALUC) for Orange County considered the subject item. The matter was duly discussed, and with a 7-0 vote, the Commission found the Housing Element Implementation Program Amendments (Proposed Amendments to the General Plan Land Use Element, Title 20 (Planning and Zoning) of the Newport Beach Municipal Code (NBMQ, and Local Coastal Program to be Inconsistent with the Airport Environs Land Use Plan for John Wayne Airport (AELUP for JWA) per:
1. Section 2.1.1 Aircraft Noise that the "aircraft noise emanating from airports maybe incompatible with general welfare of the inhabitants within the vicinity of an airport."
2. Section 2.1.2 Safety Compatibility Zones in which "the purpose of these zones is to support the continued use and operation of an airport by establishing compatibility and safety standards to promote air navigational safety and to reduce potential safety hazards for persons living, working or recreating near JWA."
Section 2.1.4, and PUC Section 21674 which state that the Commission is charged by PUC Section 21674(a) "to assist local agencies in ensuring compatible land uses in the vicinity of ... existing airports to the extent that the land in the vicinity of those airports is not already devoted to incompatible uses," and PUC Section 21674(b) "to coordinate planning at the state, regional and local levels so as to provide for the orderly development of air transportation, while at the same time protecting the public health, safety and welfare."
4. 3.2.1 General Policy of the AELUP which states that the General Land Use policy of the Airport Land Use Commission for Orange County shall be "Within the boundaries of the AEL UP, any land use may be found to be Inconsistent with the AELUP which... places people so that they are affected adversely by aircraft noise..." 17-163
Please contact me if you have any questions regarding this proceeding. Thank you.
Sincerely,
Julie Fitch
Interim Executive Officer
cc: ALUC
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