CHAPTER 12 Noise Element

Noise Element

NOISE
Protecting Newport Beach Residents
Introduction
The Noise Element of a General Plan is a tool for including noise control in the planning process inorder to maintain compatible land use with environmental noise levels. This Noise Element identifies
noise sensitive land uses and noise sources, and defines areas of noise impact for the purpose ofdeveloping policies to insure that Newport Beach residents will be protected from excessive noise
intrusion.
The Noise Element follows the revised state guidelines in Section 46050.1 of the Health and Safety
Code. The element quantifies the community noise environment in terms of noise exposure contours
for both near and long-term levels of growth and traffic activity. The information contained in thisdocument provides the framework to achieve compatible land uses and provide baseline levels andnoise source identification for local noise ordinance enforcement.

BackgroundSound is created when objects vibrate and produce pressure variations that move rapidly outward into
the surrounding air. The main characteristics of these air pressure waves are amplitude, which we
experience as a sound’s “loudness” and frequency, which we experience as a sound’s “pitch.” The
standard unit of sound amplitude is the decibel (dB), which is a measure of the physical magnitude of
the pressure variations relative to the human threshold of perception. The human ear’s sensitivity tosound amplitude is frequency-dependent and thus a modification is usually made to the decibel to12-2 N e w p o r t B e a c h G e n e r a l P l a n

Noise Element

account for this; A-weighted decibels (dBAs) incorporate human sensitivity to a sound’s frequency aswell as its amplitude.
Noise is generally defined as unwanted sound, aspects of which can negatively affect the physiologicalor psychological well-being of individuals or communities. A typical noise environment consists of abase of steady ambient noise that is the sum of many distant and indistinguishable noise sources.
Superimposed on this background noise is the sound from individual local sources. These can varyfrom an occasional aircraft or train passing by to virtually continuous noise from, for example, traffic
on a major highway. Noise in excessive levels can affect our living environment and quality of life.
Several quantitative indicators are commonly used to gauge the likelihood that environmental noise
would have an adverse effect on a community. These indicators consider that the most disruptive
aspects of noise are strongly associated with the average acoustical energy content of the sound over

ELEMENT
from Excessive Noise Intrusion
the time it occurs and/or with the time of day when the sound occurs. The indicators used in the
Noise Element are as follows:■ Leq, the equivalent energy noise level, is the average acoustic energy content of noise for a statedperiod of time. Thus, the Leq of a time-varying noise and that of a steady noise are the same ifthey deliver the same acoustic energy to the ear during exposure. For evaluating community
impacts, this indicator is not affected by whether the noise occurs during the day or the night.
■ CNEL, the Community Noise Equivalent Level, is a 24-hour average Leq with a 10 dBA“weight” added to noise during the hours of 10:00 P.M. to 7:00 A.M., and a 5 dBA “weight”
added during the hours of 7:00 P.M. to 10:00 P.M. to account for increased noise sensitivity inthe evening and nighttime.
Noise environments and consequences of human activities are usually well represented by mediannoise levels during the day, night, or over a 24-hour period. Environmental noise levels are generally
considered low when the CNEL is below 55 dBA, moderate in the 55 to 70 dBA range, and highabove 70 dBA. Examples of low daytime levels are isolated natural settings that can provide noiselevels as low as 20 dBA, and quiet suburban residential streets that can provide noise levels around 40
dBA. Noise levels above 45 dBA at night can disrupt sleep. Examples of moderate level noise
environments are urban residential or semi-commercial areas (typically 55 to 60 dBA) and commercial
locations (typically 60 dBA). People may consider louder environments adverse, but most will accept
the higher levels associated with more noisy urban residential or residential-commercial areas (60 to
75 dBA) or dense urban or industrial areas (65 to 80 dBA). Additional examples of sound levels andloudness in indoor and outdoor environments are shown in Table N1.
Table N1

Representative Environmental Noise Levels

Common Outdoor Activities

Noise Level (dBA)Common Indoor Activities

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Table N1

Representative Environmental Noise Levels

Common Outdoor Activities

Noise Level (dBA)—110—

Common Indoor Activities

Rock Band

Jet Fly-over at 100 feet—100—
Gas Lawnmower at 3 feet
—90—
Food Blender at 3 feet
Diesel Truck going 50 mph at 50 feet—80—

Garbage Disposal at 3 feet—70—

Vacuum Cleaner at 10 feet

Noisy Urban Area During Daytime
Gas Lawnmower at 100 feet
Commercial Area
Heavy Traffic at 300 feet

Normal Speech at 3 feet—60—
Large Business Office

Quiet Urban Area During Daytime—50—

Dishwasher in Next Room

Quiet Urban Area During Nighttime—40—

Theater, Large Conference Room (background)—30—

Library

Quiet Suburban Area During Nighttime
Quiet Rural Area During Nighttime

Bedroom at Night, Concert Hall (background)—20—
Broadcast/Recording Studio—10—

Threshold of Human Hearing
SOURCE:—0—

Threshold of Human Hearing

California Department of Transportation 1998

Context
TRANSPORTATION NOISE SOURCES
The most common sources of noise in urban areas are transportation-related. These include
automobiles, trucks, motorcycles, boats, and aircraft. Motor vehicle noise is of concern because it ischaracterized by a high number of individual events which often create a sustained noise level and its
proximity to areas sensitive to noise exposure. Residential land uses and other sensitive receptors
should be protected from excessive noise from these sources.

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Freeway/Highway
Newport Beach has the Corona Del Mar Freeway (State Route 73) and San Joaquin Hills
Transportation Corridor (SJHTC) within its borders. State Route 73 runs in a northwest/southeast
direction through the City’s northern section. The portion of State Route 73 that cuts through thenorthern portion of the City is below grade from the adjacent land uses. There are a few residences inclose proximity to this freeway.
The SJHTC runs in a northwest/southeast direction through the City’s northeastern boundary
connecting with the State Route 73 at Jamboree Road. SJHTC is considered a highway from Jamboree
Road south to Bonita Canyon, and then it becomes a toll road. At various locations, the highway will
be at grade with or elevated above the adjacent land uses. There are existing residences that are inclose proximity to this highway; however, these residences have already included noise mitigation
measures to sufficiently attenuate the noise from SJHTC.

Major and Minor Arterial Roadways
Traffic noise on surface streets is a significant source of noise within the community. The major
sources of traffic noise in Newport Beach are Coast Highway, Jamboree Road, and MacArthur
Boulevard. Many of the residential uses located along these roadways include some level of noise
attenuation, provided by either a sound barrier or grade separation. Other residential uses, primarily
older units, built near these arterial roadways do
not have any attenuation from noise other thanthe distance between the roadway and theresidential structure. The noise attenuation
features for new residences are reviewed on a
project-by-project basis. This means that as
residential projects are proposed near the major
roadways within Newport Beach, future noiselevels are evaluated and noise mitigation
strategies are developed as necessary to meet
City standards.
Noise levels along roadways are determined by anumber of traffic characteristics. Most importantis the average daily traffic (ADT). Additional factors include the percentage of trucks, vehicle speed,
the time distribution of this traffic and gradient of the roadway.
Traffic is a source of noise within Newport Beach

Water Vehicles
Newport Beach has the largest small boat harbor in Southern California. Thousands of boats operate
near noise-sensitive residential uses that border much of Newport Bay, and noise associated withthese boats can be a problem to these residences. Of particular concern are the charter boats which
generate engine noise and noise from the occupants, as well as use loudspeakers or live entertainment.

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Aircraft Operations
Many residents of Newport Beach are impacted by noise generated by commercial and generalaviation aircraft departing John Wayne Airport (JWA). Owned and operated by Orange County, JWA
serves both general aviation and scheduled commercial passenger airline and cargo operations. JWA
experienced a total of 349,936 aircraft operations (arrivals and departures) in 2005 and of those,
246,920 were general aviation operations, 87,130 were air carrier operations, 15,729, were air taxi
(commuter) operations and 157 were military operations. Newport Beach is located immediately southof JWA and is under the primary departure corridor. Although aircraft noise can be heard throughout
Newport Beach, the highest noise levels are experienced just south of JWA, in the Airport Area, Santa
Ana Heights Area, Westcliff, Dover Shores, the Bluffs, and Balboa Island, and are generated byaircraft departures.
Newport Beach has, since the mid-1970s, actively engaged in efforts to minimize the impact of the
airport on our residents and their quality of life. The City’s initial efforts focused on involvement inroute authority proceedings conducted by the Civil Aviation Board and litigation challenging County
decisions that could increase the level or frequency of noise events. In 1985, the City, County, Stop
Polluting Our Newport (SPON), and the Airport Working Group (AWG) entered into an agreement(1985 JWA Settlement Agreement) to resolve Federal Court litigation initiated by the County. The
1985 JWA Settlement Agreement required the County to reduce the size of the terminal, cap thenumber of parking spaces, limit the number of “average daily departures,” and limit the number ofpassengers served each year at JWA (expressed in terms of “million annual passengers” or “MAP”) to
8.4 MAP after construction of the new terminal.
After two years of discussion among the parties to the Settlement Agreement, the City Council andCounty Board of Supervisors approved Settlement Agreement amendments that eliminated noisieraircraft, increased the maximum number of noise regulated and air cargo average daily departures,increased the service level limit from 8.4 to 10.3 MAP until January 1, 2011, and then 10.8 MAP
afterwards, and increased the maximum number of passenger loading bridges from 14 to 20. The
2002 Amendments also eliminated the floor area restrictions on the terminal and the “cap” on public
parking spaces.
City Council approval of the 2002 Amendments was contingent on receipt of a letter from the FAA
confirming that the 2002 Amendments were consistent with the Airport Noise and Capacity Act (ANCA)
and other relevant laws, regulations and grant assurances made by the County. In December 2002, the
FAA sent a letter confirming compliance and in January 2003, a judge approved the stipulation of theparties reflected by the 2002 Amendments. The FAA letter confirming the validity of the 2002
Amendments is a precedent for future amendments that increase air transportation service without
impacting airport safety or the quality of life of residents in Newport Beach and other affected
communities.
Other aircraft operations related to helicopter operations at Hoag Hospital are also a concern.
Helicopter flights are noisy, and there are residential uses located in close proximity to the hospital.
The helipad is located on the roof of the emergency area of the hospital. Finally, Newport Beach is
exposed to noise from airplanes towing banners along the beach.

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NONTRANSPORTATION NOISE SOURCES (STATIONARYNOISE SOURCES)
There are many stationary noise sources within the boundaries of Newport Beach. Some of thesestationary noise sources include restaurant/bar/entertainment establishments, mixed-use structures,
mechanical equipment, and use of recreational facilities. The impacts of nontransportation noise
sources are most effectively controlled through the enforcement and application of City stationary
noise ordinances or regulations.

Restaurant/Bar/Entertainment Establishments
Numerous restaurants, bars, and entertainment establishments in Mariners’ Mile, Corona del Mar, thePeninsula, and Balboa Island have been subject to noise complaints in the past. Noise complaints
have been made due to the close proximity of these establishments to residential uses, the potentiallyhigh noise levels that these establishments are able to produce, and the late hours of operation.

Mixed Use Developments (Commercial/Residential)
In a mixed use building, a portion of it may be used as commercial (i.e. office space, restaurant,
market, dry cleaner, etc.) and the remaining portion may be used for residential purposes. Such mixed
uses can range from a small retail structure with a residence unit on the second floor (as seen on partsof Balboa Island and the Balboa Peninsula) to larger commercial properties that include a residential
component. Requiring that the commercial portion conform to the more strict residential noise
standards would make operating the commercial facility difficult. However, applying the commercial
noise standards to the entire project would make the noise exposure levels at the residential portion of
the building potentially too high. Mixed use projects represent a unique noise environment and it isimportant that a program be developed that allows mixed use to operate with a minimum amount ofconflict.

Mechanical Equipment Noise
Various Heating Ventilating and Air Conditioning (HVAC) installations and occasional pool and spa
pumps can be noise intrusions. Noise intrusions from HVAC equipment has been a problem in thepast, especially in areas such as Balboa Island, Lido Island, and the Peninsula where the homes arevery close together, and in commercial areas as well when abutting residential areas. However, theCity’s Municipal Code now requires a permit before installation of new HVAC equipment. Permits
are only granted when a sound rating of the proposed equipment does not exceed standards, or isinstalled with a timing device that will deactivate the equipment during the hours of 10:00 P.M. to
7:00 A.M. if the standards are exceeded.
Just because HVAC equipment sound ratings are reviewed during plan check, as well as tested in thefield after installation, it can still be problematic over time. As equipment ages and sometimes suffersfrom lack of maintenance, noise from the equipment can increase. Because of this, the City still deals
with HVAC equipment noise on a complaint basis, in order insure ongoing compliance with thestandards of the Code.

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Recreational Activities
Another source of stationary noise in Newport Beach is recreational activities such as league andyouth sporting games, as well as recreational rowers in Newport Harbor. These activities are
sometimes scheduled during early morning hours on the weekends and can be a source of noise
intrusion on nearby residences. Types of noise generated include people shouting and whistles/horns
blowing. Some sporting events also utilize loudspeakers.

Noise DisturbanceResidential party noise, boat party noise, barking dogs, and landscape maintenance tools are disturbing
to residents, but are difficult to attenuate, and difficult to control. Complaints about noise
disturbances are typically dealt with through code enforcement.
■ Residential Party Noise—Residential party noise, particularly on Balboa Peninsula and in theWest Newport area has been an ongoing problem. There are many difficulties in trying tocontrol party noise. If a noise limit is established for enforcement using a quantitative measure,the code enforcer would be required to make noise measurements of the intrusive noise. Often,
the disturbing levels of noise that were generated by a party are reduced once a code enforcer
arrives on the premises to make measurements. Therefore, party noise level measurements may
be an impractical means of party noise enforcement since it is often not possible to accurately
capture the loud noise levels being generated by the party. Historically, police officers use their
judgment for identifying and controlling party noise problems. Additionally, a recently adopted
ordinance addressing police services has been effective in curbing party-related noise.
■ Boat Party Noise—Charter boats, generally larger in size and carrying large numbers of paid
passengers, have also been a source of noise. These boats can control on-deck noise by meansof eliminating outside loudspeakers. The City recently amended its Municipal Code to provide
greater regulations of charter boat operations.
■ Barking Dogs—Dog barks can be characterized as being impulsive and startling or continuousand sustained. In either event, it can be a major source of noise disturbance. When dogs are
outdoors, it is very difficult to attenuate the noise.
■ Landscape Maintenance Tools—Tools used to maintain landscaping in Newport Beach canalso be a source of noise. The most commonly-used tools, which are very difficult to attenuate
the noise from, include edgers, blowers, and lawn mowers.

NOISE-SENSITIVE RECEPTORS
Newport Beach has a number of public and private educational facilities, hospitals, convalescenthomes, day cares, and other facilities that are considered noise sensitive. However, the primary noisesensitive use within the City is residential use. The noise exposure of these sensitive uses varies fromlow, in quiet residential areas, to high, in areas adjacent to the freeway.

COMMUNITY NOISE CONTOURS
Noise contours for all of the major noise sources in Newport Beach, which include motor vehicles onroadways and freeways, and aircraft at JWA, were developed for existing conditions and future
conditions. Existing noise contours were determined from the 2003 traffic levels and existing aircraft
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Noise Elementlevels for these sources, and are expressed in terms of the CNEL. Existing noise contours are shownin Figure N1 through Figure N3.
Future noise conditions for roadways are presented for the 20 year time period ending 2025 and were
derived from projected traffic levels for that horizon year. These noise contours are based oncomplete buildout of the General Plan, and are shown in Figure N4 through Figure N6. These futurenoise contours will assist in setting policies for establishing new land uses and appropriate mitigation
for properties that will continue to be exposed to higher noise levels.
The aircraft noise contours that are used for planning purposes by the County of Orange and Airport
Land Use Commission are found in the Airport Environs Land Use Plan (AELUP) and are derived
from the 1985 Master Plan for JWA and the accompanying EIR 508. These noise contours are basedon fleet mix and flight level assumptions developed in EIR 508 and are shown in Figures N1 and N2.
The Noise Chapter within 2014 John Wayne Airport Settlement Agreement Amendment
Environmental Impact Report EIR No. 617 illustrated how the dBA CNEL noise contours have
reduced in size compared to the 1985 AELUP Master Plan CNEL noise contours, in which the
General Plan policies and maps are based on. The noise contours in EIR No. 617 are based on more
contemporary noise modeling programs. Airport noise contours generated in this noise study using
the INM Version 7.0d which was released for use in May 2013, and is the state-of-art in airport noisemodeling. Consequently, Figures N4 and N5 are updated to reflect the noise contours identified by
the 2014 John Wayne Airport Settlement Agreement Amendment Environmental Impact Report No.
617.
Noise contours represent lines of equal noise exposure, just as the contour lines on a topographic
map are lines of equal elevation. The contours shown on the maps are the 60, 65, and 70 dB CNEL
noise levels. The noise contours represent the maximum possible traffic noise levels at locations
within them (i.e., they do not account for building placement or traffic speeds, nor the attenuating
effects of walls, structures, and terrain features that might intervene between the roads and any
location of interest) and should be used as a guide for land use planning. The 60 dB CNEL contour
defines the Noise Referral Zone. This is the noise level for which noise considerations should be
included when making land use policy decisions that affect existing and proposed noise-sensitive
developments. The 65 dB CNEL contour area describes the area for which new noise-sensitive
developments, including residential uses, will be conditionally permitted only if appropriate measures
are included such that the standards contained in this Noise Element are achieved. Noise-sensitive
uses shall not be located on parcels that are wholly within the John Wayne Airport 65 dBA CNEL
contour as shown in Figure N5.
Furthermore, residential units should be sufficiently indoor-oriented, consistent with Title 21 of the
California Code of Regulations, so as to reduce noise impingement on outdoor living areas. The JWA
AELUP also strongly recommends that all designated outdoor common or recreational areas provide
outdoor signage informing the public of the presence of operating aircraft.

TYPICAL NOISE ATTENUATION METHODS
Noise impacts can typically be abated using four basic methods: (1) reducing the sound level of thenoise generator, (2) interrupting the noise path between the source and receiver, (3) increasing the
distance between the source and receiver, and (4) insulating the receiver with building materials andconstruction methods more resistant to noise intrusion.
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Quieting certain noise sources may often be successfully achieved through design or the use of
mufflers. However, a local government has limited direct control of transportation noise at the source.
This control lies with the state and federal agencies that have this responsibility. The most effective
method available to the City to mitigate transportation noise and reduce the impact of the noise onto
the community is through comprehensive planning that includes noise as planning criteria, theinclusion of noise mitigation in project planning and design, and improved building noise reduction
characteristics.
Noise may also be minimized by strategically placing a noise barrier (wall, berm, or combination
wall/berm), the most common way of alleviating traffic noise impacts. Generally, effective noise
shielding requires a continuous, solid barrier with a mass which is large enough to block the line ofsight between source and receiver. Variations may be appropriate in individual cases based on
distance, nature, and orientation of buildings behind the barrier, and a number of other factors.
Garage or other structures may be used to shield dwelling units and outdoor living areas from nonaircraft noise.
The effects of noise may also be minimized by separating or isolating the noise source from thepotential receiver. Wide buffers along freeways, for example, may reduce the noise level affecting
adjacent noise sensitive land uses. These buffer areas may be developed with less sensitive uses.
Building interior noise levels can also be reduced by protecting the receiver with acoustical structures,
enclosures, or construction techniques. Windows and doors are the most important paths for soundto enter a structure. Use of sound insulating doors and double paned windows can provide substantial
reductions of interior noise levels. Because these features have little effect in reducing noise when they
are left open, installation of air conditioning for adequate ventilation may be required.
Noise exposure criteria should be incorporated into land use planning to reduce future noise and land
use incompatibilities. This is achieved by specifying acceptable noise exposure ranges for various land
uses throughout the City. These criteria are designed to integrate noise considerations into land use
planning to prevent noise/land use conflicts. Table N2 presents criteria used to assess thecompatibility of proposed land uses with the noise environment.
The noise/land use compatibility matrix presented in Table N2 presents broad ranges of compatibility
and are intended to be flexible enough to apply to a wide range of projects and environments. For
example, a project in a large undeveloped area may be evaluated differently than an infill project in adensely developed area of the City. But in no case would it be desirable for any land use to have noise
exceeding the highest “normally compatible” noise level shown in the matrix. This matrix is intended
to be used as one of the many factors used in the land use planning process. It should be noted that
California requires that interior noise levels in multi-family residential uses not exceed 45 LDN (daynight noise level); it is commonly used as an interior standard for all residential uses, but is not
required under the California Administrative Code, Title 24, and Part 2.
In addition to the noise/land use compatibility guidelines contained in the General Plan Noise
Element, the City of Newport Beach has adopted Community Noise Control policies and standards
as part of its Municipal Code in order to limit unnecessary, excessive and annoying noise in the City.
These noise standards are displayed in Table N3.
The most effective method to control community noise impacts from non-transportation noise
sources is through application of Municipal Code standards. The noise levels established by the

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Municipal Code assure that noise from mechanical equipment, and other types of non-transportationnoise are not excessive in residential and other noise-sensitive areas.

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Figure N1

Existing Noise Contours (1)Pg 1—11x17 color

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Pg 2—11x17 color

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Figure N2

Existing Noise Contours (2)Pg 1—11x17 color

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Pg 2—11x17 color

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Figure N3

Existing Noise Contours (3)Pg 1—11x17 color

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Pg 2—11x17 color

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Figure N4

Future Noise Contours (1)Pg 1—11x17 color

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Pg 2—11x17 color

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Figure N5

Future Noise Contours (2)Pg 1—11x17 color

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Pg 2—11x17 color

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Figure N6

Future Noise Contours (3)Pg 1—11x17 color

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Pg 2—11x17 color

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Table N2

Land Use Noise Compatibility Matrix
55–60

60–65

65–70

70–75

75–80

>80

Community Noise Equivalent Level (CNEL)<55

Land Use Categories

Residential

Single Family, Two Family, Multiple Family

A

A

B

C

C

D

D

Residential

Mixed Use

A

A

A

C

C

C

D

Residential

Mobile Home

A

A

B

C

C

D

D

Commercial
Regional, District

Hotel, Motel, Transient Lodging

A

A

B

B

C

C

D

Commercial
Regional, Village
District, Special

Commercial Retail, Bank, Restaurant, Movie Theatre

A

A

A

A

B

B

C

Commercial Industrial
Institutional

Office Building, Research and Development,
Professional Offices, City Office Building

A

A

A

B

B

C

D

Commercial
Recreational
Institutional
Civic Center

Amphitheatre, Concert Hall Auditorium, Meeting Hall

B

B

C

C

D

D

D

Commercial
Recreation

Children’s Amusement Park, Miniature Golf Course,
Go-cart Track, Equestrian Center, Sports Club

A

A

A

B

B

D

D

Commercial
General, Special
Industrial, Institutional

Automobile Service Station, Auto Dealership,
Manufacturing, Warehousing, Wholesale, Utilities

A

A

A

A

B

B

B

Institutional

Hospital, Church, Library, Schools’ Classroom

A

A

B

C

C

D

D

Open Space

Parks

A

A

A

B

C

D

D

Open Space

Golf Course, Cemeteries, Nature Centers Wildlife
Reserves, Wildlife Habitat

A

A

A

A

B

C

C

Agriculture

Agriculture

A

A

A

A

A

A

A

Categories

SOURCE:

Uses

Newport Beach, 2006

Zone A: Clearly Compatible—Specified land use is satisfactory, based upon the assumption that any buildings involved are of normal conventional
construction without any special noise insulation requirements.
Zone B: Normally Compatible**—New construction or development should be undertaken only after detailed analysis of the noise reduction
requirements and are made and needed noise insulation features in the design are determined. Conventional construction, with closed windows andfresh air supply systems or air conditioning, will normally suffice.
Zone C: Normally Incompatible—New construction or development should generally be discouraged. If new construction or development does proceed,a detailed analysis of noise reduction requirements must be made and needed noise insulation features included in the design.
Zone D: Clearly Incompatible—New construction or development should generally not be undertaken.

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Table N3

Noise Standards
Land Use Categories

Categories

Residential

Commercial
Industrial
Institutional
SOURCE:

Uses

Allowable Noise Levels (dBA)
Interior a,bExterior a,bInterior NoiseInterior Noise
Exterior Noise
Exterior NoiseLevel (Leq)
Level (Leq)
Level (Leq)
Level (Leq)
7am to 10pm
10 pm to 7 am
7am to 10pm
10 pm to 7 am

Single Family, Two Family,
Multiple Family (Zone I)

45

40

55

50

Residential Portions of MixedUse Developments (Zone III)

45

40

60

50

Commercial (Zone II)

N/A

N/A

65

60

Industrial or Manufacturing (Zone
IV)

N/A

N/A

70

70

Schools, Day Care Centers,
Churches, Libraries, Museums,
Health Care Institutions (Zone I)

45

40

55

50

EIP Associates, 2006

If the ambient noise level exceeds the resulting standard, the ambient shall be the standard.
b It shall be unlawful for any person at any location within the incorporated area of the City to create any noise or to allow the creation of any noise on
property owned, leased, occupied or otherwise controlled by such a person which causes the noise level when measured on any other property, toexceed either of the following:• The noise standard for the applicable zone for any fifteen-minute period;• A maximum instantaneous noise level equal to the value of the noise standard plus twenty dBA for any period of time (measured using Aweighted slow response).
• In the event the ambient noise level exceeds the noise standard, the noise standard applicable to said category shall be increased to reflect the
maximum ambient noise level.
• The noise standard for the residential portions of the residential property falling within one hundred feet of a commercial property, if the intruding
noise originates from that commercial property.
• If the measurement location is on a boundary between two different noise zones, the lower noise level standard applicable to the noise zone shallapply.
a

Goals and Policies
Noise and Land Use Compatibility
Goal
N1

Noise Compatibility—Minimized land use conflicts between various noise sources and other humanactivities.

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Policies
N 1.1

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 and exterior noise standards
shown in Table N3. (Imp 2.1)

N 1.2

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 applicableconditions. These findings shall be used to determine the level of exterior orinterior noise, attenuation needed to attain an acceptable noise exposure level
and the feasibility of such measures when other planning considerations aretaken into account, consistent with Title 21 of the California Code ofRegulations. (Imp 2.1)

N 1.3

Remodeling and Additions of Structures
Require that all remodeling and additions of structures comply with the noise
standards shown in Table N3. (Imp 7.1)

N 1.4

New Developments in Urban Areas
Require that applicants of residential portions of mixed-use projects and highdensity 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) inaccordance with the California Building Code. (Imp 7.1)

N 1.5

Infill Projects
Allow a higher (above 65 dBA CNEL) exterior noise level standard for infill
projects in existing residential areas adjacent to major arterials if it can be shownthat there are no feasible mechanisms to meet the exterior noise levels. Theinterior standard of 45 dBA CNEL shall be enforced for any new residential
project or mixed-use project containing a residential component, consistent withTitle 21 of California Code of Regulations. (Imp 2.1, 7.1)

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Noise Element

N 1.5A

Airport Area Infill Projects

Allow infill residential projects proximate to John Wayne Airport to have ahigher 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 suchcontour 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.
N 1.6

Mixed-Use Developments
Encourage new mixed-use developments to site loading areas, parking lots,
driveways, trash enclosures, mechanical equipment, and other noise sourcesaway from the residential portion of the development. (Imp 7.1, 8.1)

N 1.7

Commercial/Entertainment Uses
Limit hours and/or require attenuation of commercial/entertainment operations
adjacent to residential and other noise sensitive uses in order to minimize
excessive noise to these receptors. (Imp 2.1, 8.1, 8.2)

N 1.8

Significant Noise Impacts
Require the employment of noise mitigation measures for existing sensitive uses
when a significant noise impact is identified. A significant noise impact occurs
when there is an increase in the ambient CNEL produced by new development
impacting existing sensitive uses. The CNEL increase is shown in the tablebelow. (Imp 2.1, 7.1)
CNEL (dBA)dBA increase

55

3

60

2

65

1

70

1

Over 75

Any increase is considered significant

Transportation-Related Noise
Goal
N2

Minimized motor vehicle traffic and boat noise impacts on sensitive noise receptors
N e w p o r t B e a c h G e n e r a l P l a n 12-27

Noise Element

Policies
N 2.1

New Development
Require that proposed noise-sensitive uses in areas of 60 dBA and greater, as
determined the analyses stipulated by Policy N1.1, demonstrate that they meetinterior and exterior noise levels. (Imp 2.1)

N 2.2

Design of Sensitive Land Uses
Require the use of walls, berms, interior noise insulation, double paned
windows, advanced insulation systems, or other noise measures, as appropriate,in the design of new residential developments to attenuate noise levels to not
exceed 45 dBA CNEL interior. Other new noise sensitive land uses that are
adjacent to major arterials and located proximate to John Wayne Airport (e.g.,
infill residential) and within the 65-70 dBA CNEL noise contour area are
required to be indoor-oriented to reduce noise impacts on outdoor living or
recreational areas. Application of the Noise Standards in Table N2 shall govern
this requirement. (Imp 7.1)

N 2.3

Limiting Hours of Truck Deliveries
Limit the hours of truck deliveries to commercial uses abutting residential uses
and other noise sensitive land uses to minimize excessive noise unless there isno feasible alternative. Any exemption shall require compliance with nighttime(10:00 P.M. to 7:00 A.M.) noise standards. (Imp 2.1, 8.1)

N 2.4

Interagency Coordination to Enforce Standards
Encourage the enforcement of State Motor Vehicle noise standards for cars,
trucks, and motorcycles through coordination with the California Highway
Patrol and Newport Beach Police Department. (Imp 14.16, 14.17)

N 2.5

Boating Activities
Enforce compliance of all boating activities with the noise standards defined in
the Municipal Code. (Imp 26.1)

N 2.6

Barrier Construction Funding
Establish a program to secure funding for the construction of noise barriers toprotect private outdoor yard areas along arterial roadways where existing homes
are exposed to noise levels above the City noise standards and develop a priority
program for the construction of such barriers. A potential source of suchfunding may be a fee for new projects, which generate new traffic within theCity, as well as road improvement funds where road improvements are made.
The amount of these fees should be proportional to the amount of the newtraffic that is caused by the new project. It should be recognized that noisebarriers will not always be feasible mitigation to roadway noise. Noise barriers
are most feasible for single-family homes where the rear yards are adjacent to

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Noise Element

the roadway. The feasibility of other situations should be evaluated on a case-bycase basis. (Imp 30.2)
Goal
N3

Protection of Newport Beach residents from the adverse noise impacts of commercial air carrier
operations at John Wayne Airport as provided in the City Council Airport Policy.
PolicyN 3.1

New Development
Ensure new development is compatible with the noise environment proximate
to John Wayne Airport by not allowing residential units on parcels locatedwholly within the John Wayne Airport 65 dBA CNEL noise contour, as shownin Figure N5 of the Noise Element of the General Plan, unless and until theCity determines, based on substantial evidence, that the sites wholly within suchcontour area are needed for the City to satisfy its Sixth Cycle RHNA mandate.
(Imp 2.1, 3.1, 4.1)

N 3.2

Residential Development
Require that residential development proximate to John Wayne Airport shall 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 witha residential component to notify prospective purchasers or tenants of aircraft
noise. Additionally, require outdoor common areas or recreational areas ofresidential or mixed-used developments to be posted with signs notifying users
regarding the proximity to John Wayne Airport and the presence of operating
aircraft and noise. (Imp 2.1, 3.1, 4.1)

N 3.3

Avigation Easement
Consider requiring the dedication of avigation easements in favor of the Countyof Orange when noise sensitive uses are proposed in the JWA planning area, asestablished in the JWA Airport Environs Land Use Plan (AELUP). (Imp 2.1, 3.1,
4.1)

N 3.4

Existing Noise Restrictions
Take any action necessary to oppose any attempt to modify the existing noise
restrictions, including the existing curfew and the General Aviation Noise
Ordinance. (Imp 9.1)

N e w p o r t B e a c h G e n e r a l P l a n 12-29

Noise Element

N 3.5

Additional Facilities at John Wayne Airport
Take any action necessary to oppose any attempt to construct a second air
carrier runway including the acquisition of land necessary to provide required
separation of the existing air carrier runway and any proposed facility. (Imp 9.1)

N 3.6

Existing Level of General Aviation Operations
Support any plan or proposal that maintains, and oppose any plan or projectthat proposes any significant changes to the existing level of general aviation
operations and general aviation support facilities. (Imp 9.1)

N 3.7

Remote Monitoring Systems
Support preservation or enhancement of the existing remote monitoring
systems (RMS) and the public reporting of the information derived from theRMS. (Imp 9.1)

N 3.8

Meeting Air Transportation Demand
Support means of satisfying some of Orange County’s air transportation
demand at airports other than John Wayne Airport or through alternative meansof transportation. (Imp 14.3)

N 3.9

John Wayne Airport Amended Settlement Agreement
Take all steps necessary to preserve and protect the validity of the John Wayne
Airport Amended Settlement Agreement, including the following:■ Oppose, or seek protection from any federal legislative or regulatory actionthat would or could affect or impair the County's ability to operate John
Wayne Airport consistent with the provisions of the John Wayne Airport
Amended Settlement Agreement or the City's ability to enforce the Amended
Settlement Agreement.
■ Approving amendments of the John Wayne Airport Settlement Agreement
to ensure continued validity provided amendments are consistent with theCity Council Airport Policy, do not materially impair the quality of life, andare in the long-term best interests of Newport Beach residents.
■ Continuing to monitor possible amendment of the Airport Noise and Capacity
Act of 1990 as well as various FAA Regulations and Advisory Circulars that
relate to aircraft departure procedures. (Imp 14.3)

N 3.10Community and Public Agency Support
Take steps necessary to secure broad-based support for all aspects of the City
Council Airport Policy. (Imp 14.3, 29.1)

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Noise Element

Nontransportation-Related Noise
Goal
N4

Minimization of Nontransportation-Related Noise—Minimized nontransportation-related noise
impacts on sensitive noise receptors.
PolicyN 4.1

Stationary Noise Sources
Enforce interior and exterior noise standards outlined in Table N3, and in theCity’s Municipal Code to ensure that sensitive noise receptors are not exposed
to excessive noise levels from stationary noise sources, such as heating,ventilation, and air conditioning equipment. (Imp 7.1)

N 4.2

New UsesRequire that new uses such as restaurants, bars, entertainment, parking facilities,
and other commercial uses where large numbers of people may be present
adjacent to sensitive noise receptors obtain a use permit that is based oncompliance with the noise standards in Table N3 and the City’s Municipal Code.
(Imp 2.1)

N 4.3

New Commercial Developments
Require that new commercial developments abutting residentially designatedproperties be designed to minimize noise impacts generated by loading areas,parking lots, trash enclosures, mechanical equipment, and any other noise
generating features specific to the development to the extent feasible. (Imp 2.1)

N 4.4

Limiting Hours of Recreational Activities
Limit hours when recreational activities in parks and the harbor can take place.
(Imp 9.1, 23.4)

N 4.5

Sound-Amplifying Equipment
Regulate the use of sound-amplifying equipment through the City’s Municipal
Code. (Imp 2.1, 8.2)

N 4.6

Maintenance or Construction Activities
Enforce the Noise Ordinance noise limits and limits on hours of maintenanceor construction activity in or adjacent to residential areas, including noise that
results from in-home hobby or work related activities. (Imp 7.1, 8.1)

N e w p o r t B e a c h G e n e r a l P l a n 12-31

Noise Element

N 4.7

Nuisances
Regulate the control of nuisances, such as residential party noise, boat party
noise, private fireworks, and barking dogs, through the City’s Municipal Code.
(Imp 8.1, 26.1)

N 4.8

Mechanized Landscaping Equipment
Regulate the use of mechanized landscaping equipment. (Imp 8.1)

Construction Noise
Goal
N5

Minimized excessive construction-related noise.
Policies
N 5.1

Limiting Hours of Activity
Enforce the limits on hours of construction activity. (Imp 8.1)

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