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Written Comments

Newport Beach City Council
April 28, 2026

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Written Comments
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April 28, 2026
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From: Jim Mosher
To: City Clerk"s Office
Cc: Dept - City Council
Subject: Comments on Council agenda items (4/28/2026 meeting) Date: April 27, 2026 4:07:29 PM
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Madam Clerk,
Please find attached some written comments regarding selected items on tomorrow's Newport Beach City Council agenda.

Yours sincerely,
Jim Mosher
April 28, 2026
Written Comments
April 28, 2026, City Council Agenda Comments The following comments on items on the Newport Beach City Council agenda are submitted by: Jim Mosher ( [email protected] ), 2210 Private Road, Newport Beach 92660 (949-548-6229) Item II. STUDY SESSION: Introducing the Newport Beach 2050 General

Plan

(PA2022-080)
The last comprehensive General Plan update, in 2000-2006, 1 included revisions to the Housing
and

Circulation

Elements

as

integral

parts

of

the

effort.

While the present effort differs in that those elements were regarded as separate matters approved

in

2022,

the

difference

in

Council

and

public

interest

in

the

remainder

of

the

proposed

new

General

Plan

is

stunning.

The preamble to the former General Plan Update adopting Resolution No. 2006-76 lists 15 Planning Commission meetings and 17 Council meetings as it progressed through the GPAC process,

and

another

10 Planning

Commission

hearings

and

8 Council

hearings

after

the

GPAC

wrapped

up

its

work

with

a

recommendation

at

its

March

13,

2006,

meeting.
2 The

Planning

Commission

and

Council

meetings

went

over

every

Element

and

most

policies

in

depth,

and
video records of the last 12 months of Council meetings, which were generally long and well-attended, survive. By contrast, this first Council study session, to be followed by a single hearing on June 23, was preceded

by

a

brief

Planning

Commission

review

of

the

Land

Use

and

Safety

Elements,

followed

by

a

single

Planning

Commission

study

session

and

hearing

on

the

complete

final

GPAC

recommendation,

each

lasting

barely

15 minutes.

For what it may be worth, I submitted some written comments at the April 23 Planning Commission hearing, at which I believe I was the only member of the public in attendance. I have

not

had

time

to

expand

on

them

since.

PUBLIC COMMENTS ON AGENDA AND NON-AGENDA ITEMS I continue to miss the CIty providing printed copies of Council agenda materials for the public to study,

and

have

to

refer

to

at

the

meetings,

as

most

other

City

bodies

continue

to

do.

The experience of seeing materials in printed form is quite different from that of seeing them only

on

electronic

devices.

In

my

experience,

the

latter

discourages

relevant

participation

in

the

meetings.

It

certainly

complicates

preparing

these

comments,

which

are

significantly

less

thorough

than

they

would

formerly

have

been.

2 Unfortunately,

as

often

happens

with

limited

term

committees,

minutes

of

the

final

meeting

do

not

seem

to

exist.

1 Records of the meetings of the earlier General Plan Advisory Committee from 2002-2006 are part of the City’s

Boards

&

Commissions

archive.

If

the

meetings

of

the

General

Planning

Update

Committee,

which

began

“steering”

the

process

before

that

(see
Resolution No. 2000-45), are archived, it is not obvious where.

April 28, 2026, City Council agenda comments - Jim Mosher Page 2 of 5 Item 4. Resolution No. 2026-23: Undergrounding Utility Assessment Loan

Program
It is surprising to me that this significant new program does not come to the Council with a recommendation

from

the

Finance

Committee.

And given the Council’s recent interest in having more public discussion of financial matters, it is even

more

surprising

it

is

scheduled

on

the

Consent

Calendar,

where,

if

it

proceeds

as

planned,

it

will

be

approved

with

no

discussion

at

all,

and

not

even

the

item

title

will

be

publicly

announced.

Regarding the proposed program, on page 2, it does not seem to me that the sorts of documentation

described

would

be

adequate

to

establish

an

applicant’s

assets.

For

example,

a

tax

return

would

not

reveal

stock

ownership

unless

the

stock

paid

dividends.

Item 5. Resolution No. 2026-24: Approving a Legislative Platform Many of the planks in the current and proposed legislative platforms support legislation that enhances

local

control

and

oppose

legislation

that

reduces

it.

While I’m sure the state and federal legislative bodies will be interested in hearing this, are there really

a

lot

of

California

cities

that

take

the

opposite

position,

seeking

to

have

bills

passed

that

will

reduce

their

power?

Item 13. Planning Commission Agenda for the April 23, 2026, Meeting The Council may notice from the Planning Division’s Tentative Agenda (which does not seem to be part of the currently posted single-file Agenda Packet) that between now and when it will be asked to approve a comprehensively revised General Plan on June 23, only two of their four meetings

have

any

items

scheduled.

One

might

wonder

why

the

Council

would

not

want

them

to

use

some

of

that

downtime

to

more

carefully

review

the

proposed

General

Plan

revisions,

especially

since

two

of

the

Commissioners

were

absent

from

the

one

17-minute

long

review

they

did

conduct

on

April

23. Item 14. Resolution No. 2026-26: 300 Newport Center Drive Condominiums

Appeal

(PA2025-0102)
I think the public’s consternation is understandable regarding the Planning Commission’s approval

of

a

project

very

similar

to

the

Council’s

approval

of

the

same

developer’s

“Museum

House,”

which

was

rescinded

by

the

Council

in

2017

in

response

to

a

voter

initiative

against

it
(see Item 15 from February 28, 2017). Since, like that, it involves a drastic change in land use, one might have expected the entire proposal

for

land

use

change

and

project

approval

to

have

come

before

the

Council

for

public

consideration

as

a

complete

package.

Instead,

it

has

been

pursued

in

a

piecemeal

fashion

evading

proper

public

knowledge

or

close

environmental

scrutiny

of

what

might

change.

April 28, 2026, City Council agenda comments - Jim Mosher Page 3 of 5 That tortured history is only partially disclosed in the March 5 Planning Commission staff report, which is only linked to in the present one. In particular, it seems important to note this property has never, to the best of my knowledge, been

recognized

in

our

General

Plan

as

a

site

needed

to

meet

our

RHNA

requirements.

It

is

not

recognized

as

a

“Housing

Opportunity”

site

in

the

Housing

Element.

Instead, when the “Housing Overlay Districts” implementing the opportunity sites were added by ordinance

to

the

Zoning

Code,

it

and

a

couple

of

other

sites

were

rather

surreptitiously

included

–

even

though

there

was

no

prediction

of

how

many

units

in

what

income

categories

it

was

intended

to

support,

making

a

“no

net

loss”

evaluation

of

the

present

approval

difficult,

if

not
impossible. One had to dive deep into the map accompanying Ordinance No, 2024-16 to discover that sites not in the Housing Element, including the Edwards Cinema property, had been

slipped

into

the

EIR

and

added

to

the

overlay

map

being

approved.
3 Then last year (see Item 18 from the June 10, 2025, Council meeting) the height limit for the property was drastically increased from 32 to 270 feet, not as a project-specific consideration, but

as

part

of

a

more

generalized

change

to

height

limits

on

a

variety

of

properties

in

Newport

Center

and

other

locations,

said

to

be

necessary

to

make

feasible

construction

of

the

housing

being

required

by

the

state.

However,

what

the

height

increase

made

possible

was

the

large

luxury

units

presently

being

proposed,

which

are

not

being

required

by

the

state.Keeping

the

original

height

limit

would

actually

have

served

as

an

incentive

for

the

affordable

workforce

housing

that

is

being

required

by

the

state,

because

only

if

affordable

(as

opposed

to

luxury)

housing

was

being

proposed

could

a

height

waiver

sufficient

to

make

it

feasible

have

been

demanded.

Because of the large number of properties potentially impacted by these overlays and height increases,

notices

of

these

meetings

were

not

mailed

to

surrounding

neighbors.

Instead,

notice

was

confined

to

an

obscure

ad

in

the

print

edition

of

the

Daily

Pilot
.

These little-noticed Council pre-approvals left the full project needing only a Planning Commission

sign-off,

and

I

believe

it

is

this

lack

of

any

clear

and

transparent

airing

of

major

land

use

changes

that

is

the

source

of

much

of

the

public’s

current

frustration

–

being

told,

now,

that,

unknown

to

them,

what

they

might

object

to

was

previously

approved,

leaving

no

further

recourse.

Regarding the adequacy of the CEQA analysis, the Council may wish to be aware of the recently California Court of Appeals opinion in SAVE OUR ACCESS v. City of San Diego , 115 Cal. App. 5th, 388, which found a generalized program environmental impact report was not an adequate substitute for a more substantial review of the potential impacts of major height limit increases.

3 I could have missed it, but I am unable to find anything in the July 23, 2024, staff presentation warning that

the

overlay

maps

being

presented

for

approval

included

opportunity

sites

not

identified

in

the

previously-approved

Housing

Element.

Likewise,

I

see

nothing

about

new

sites

being

added

in

the
September 24, 2024, staff presentation, when the ordinance returned for adoption. Instead, the presentations

focused

on

what

was

claimed

to

have

been

an

extraordinary

amount

to

public

engagement.

April 28, 2026, City Council agenda comments - Jim Mosher Page 4 of 5 Item 15. Resolution No. 2026-25: Notice of Intent to Override Orange County

Airport

Land

Use

Commission's

Determination

of

Inconsistency

for

the

Comprehensive

General

Plan

Update

(PA2022-080)
It is unusual, as is the case here, for the Airport Land Use Commission to review an item before the

local

Planning

Commission

has

made

a

recommendation

about

it.

It is also unusual that the staff report spends some time on the history and process for overriding

the

ALUC’s

finding

of

inconsistency

with

the

AELUP

for

JWA,

but

as

best

I

can

tell,

does

not

disclose

what

they

found

inconsistent.

I believe, as explained in the accompanying Resolution of Intention, the controversy centers around

the

City’s

insistence

on

using

for

planning

purposes

noise

contours

that

differ

from

those

specified

in

the

AELUP.

The

City’s

preferred

contours

are

those

shown

in

Figure

N-3

of

the

proposed

General

Plan

Update

that

is

the

subject

of

today’s

Council

study

session.

The City’s skepticism about the AELUP contours is justified, since they were computed in around

1985

to

project

what

conditions

would

be

like

in

2005.

Any

resemblance

to

the

current

or

future

reality

might

be

expected

to

be

largely

coincidental.

On the other hand, the CIty’s preferred contours also have their problems. For one, they are not compliant

with

state

law
4 which

requires

General

Plan

Noise

Elements

to

identify

both

current

and

projected

future

contours.

Figure

N-3

is,

without

further

explanation,

labeled

“2014

Settlement

Agreement

Airport

Noise

Contours.”

ALUC

staff

assumed

it

represented

the

contours

observed

in

2014.

I

believe

it

shows

the

contours

projected

in

2014

for

when

the

Agreement

ends

on

December

31,

2030.

Additionally, the footnote at the bottom of page 5 of 11 of the proposed resolution, quoting from the

EIR

containing

the

contours

and

saying

“
Airport

noise

contours

were

generated

using

the

INM

Version

7.0d.

The

latest

version,

INM

Version

7.0d,

was

released

for

use

in

May

2013

and

is

the

state-of-the-art

in

airport

noise

modeling
”

is

misleading.

The

INM

modeling

software

is

no
longer the state of the art. It was superseded in 2015 by something called AEDT, which has itself gone through many generations since. Additionally, since the 2014 Agreement and EIR related

to

commercial

jets,

it

is

unclear

if

the

modeling

included

the

effects

of

the

smaller

piston

planes,

which

are

frequently

a

matter

of

controversy

regarding

noise

in

what

the

City

calls

“the

Airport

Area”

(and

where

neither

JWA

nor

the

City

collect

actual

measurements

to

verify

the

predictions).

Also,

for

reasons

unknown

to

me,

City

staff

refuses

to

include

in

the

Noise

Element
the current JWA noise contours, even though they are publicly posted by the airport and including them is a requirement of state law. By shear coincidence, when the actual measured 2025 contours are compared to the disputed planning contours, the 1985 projections for the location of the 65 db CNEL contour in the vicinity of

Mesa

Drive

are

much

closer

to

the

current

reality
5 there

than

the

2014

projection,

which

5 The

agreement

is

unique

to

that

contour

and

that

area.

At

other

locations

and

other

noise

levels,

the

1985

projections

are

a

poor

match

to

the

current

reality

as

reported

by

the

airport.

4 Government Code Section 65302(f)

April 28, 2026, City Council agenda comments - Jim Mosher Page 5 of 5 underestimates the aircraft impacts there, but overestimates them in the area to the east of the runway.

In short, neither agency (the ALUC or the City) has an easily defensible reason for basing planning

decisions

on

the

aviation

noise

contours

it

uses

(which

may

change

significantly

when

alternate

modes

of

air

transportation

become

common).

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