HomeMy WebLinkAbout2013-23 - Overrule OC Airport Land Use Commission's Determination regarding Uptown NewportRESOLUTION NO. 2013 -23
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH OVERRULING THE ORANGE COUNTY
AIRPORT LAND USE COMMISSION'S DETERMINATION THAT
THE UPTOWN NEWPORT PROJECT IS INCONSISTENT WITH
THE AIRPORT ENVIRONS LAND USE PLAN FOR THE JOHN
WAYNE AIRPORT AND FINDING THE UPTOWN NEWPORT
PROJECT IS CONSISTENT WITH THE PURPOSES OF PUBLIC
UTILITIES CODE SECTION 21670 (PA2011 -134)
THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
An application was filed by Uptown Newport LP ( "Uptown Newport" or "Applicant ")
with respect to a 25.05 -acre property generally located on the west side of
Jamboree Road between Birch Street and the intersection of Von Karman
Avenue and MacArthur Boulevard, legally described as Lots 1 and 2 of Tract No.
7953 and incorporated herein by reference, (the "Property "), requesting approval
for the development of up to 1,244 residential dwelling units, 11,500 square feet
of retail commercial uses and two acres of parklands (the 'Project'). The
following approvals are requested or required in order to implement the project
as proposed:
a. Planned Community Development Plan Amendment No. PD2011 -003, An
amendment to Planned Community Development Plan #15 (Koll Center
Planned Community) to remove the subject property from the Koll Center
Planned Community, pursuant to Chapter 20.66 (Amendments) of the
Newport Beach Municipal Code.
b. Planned Community Development Plan Adoption No. PC2012 -001. A
Planned Community Development Plan adoption to establish the allowable
land uses, general development regulations, and implementation and
administrative procedures, which would serve as the zoning document for
the construction of up to 1,244 residential units, 11,500 square feet of retail
commercial, and 2.05 acres of park space to be built in two separate phases
on a 25.05 -acre site, pursuant to Chapter 20.56 of the Newport Beach
Municipal Code.
C. Tentative Tract Map No. NT2012 -002. A tentative tract map to establish lots
for residential development purposes pursuant to Title 19 of the Newport
Beach Municipal Code.
Traffic Study No. TS2012 -005. A traffic study pursuant to Chapter 15.40
(Traffic Phasing Ordinance) of the Newport Beach Municipal Code.
City Council Resolution No. 2013 -23
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e. Affordable Housing Implementation Plan No. AH2012 -001. A program
specifying how the proposed project would meet the City's affordable
housing requirements, pursuant to Chapter 19.53 (Inclusionary Housing)
and Chapter 20.32 (Density Bonus) of the Newport Beach Municipal Code.
f. Development Agreement No. DA2012 -003. A Development Agreement
between the applicant and the City of Newport Beach describing
development rights and public benefits, pursuant to Section 15.45.020.A.2.a
of the Newport Beach Municipal Code and Newport Beach General Plan
Land Use Policy LU6.15.12.
g. Environmental Impact Report No. ER2012 -001 (SCH #2010051094). An
environmental impact report (EIR) to evaluate the environmental impacts
resulting from the proposed project, in accordance with the California
Environmental Quality Act of 1970 (CEQA), as amended (Public Resources
Code Section 21000 at seq.), and the State CEQA Guidelines for
Implementation of CEQA (California Code of Regulations, Title 14, Section
15000 et seq.).
2. The Property's General Plan designation is Mixed -Use District Horizontal 2 (MU-
H2), and the Property is located within the Airport Business Area, for which the
Airport Business Area Integrated Conceptual Development Plan (ICDP) has been
implemented. The ICDP allocates a maximum of 1,244 residential units and up
to 11,500 square feet of retail to be developed on the Property.
3, The Property is currently located within the Koll Center Newport Planned
Community (PC -15) and is designated as Industrial Site 1. The applicant is
proposing to remove the subject property from the PC -15 zoning designation by
adopting a separate Planned Community Development Plan (PCDP) to
accommodate the proposed mixed -use residential development. The proposed
Uptown Newport PCDP would be the zoning document for the project where land
use and development standards would be specified.
4. Due to the proposed amendments to the Property's zoning regulations, Public
Utilities Code Section 21676(b) requires the City of Newport Beach to refer the
Project to the Orange County Airport Land Use Commission (ALUC) for a
determination of the Project's consistency with the Airport Environs Land Use
Plan (AELUP) for the John Wayne Airport.
5. On October 18, 2012, ALUC determined by a voteo of four (4) to one (1) to find the
Project inconsistent with the AELUP. One ALUC Commissioner recused himself
and did not vote.
6. Pursuant to Public Utilities Code Sections 21670 and 21676, the City of Newport
Beach may, after a public hearing, overrule ALUC by a two- thirds vote of the City
Council, if it makes specific findings that the Project is consistent with the purposes
City Council Resolution No. 2013 -23
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of Public Utilities Code Section 21670, which are stated to be to protect public
health, safety, and welfare by ensuring the orderly expansion of airports and the
adoption of land use measures that minimize the public's exposure to excessive
noise and safety hazards within areas around public airports to the extent that
these areas are not already devoted to incompatible uses.
7. On January 8, 2013, following a duly - noticed public hearing, the City Council of the
City of Newport Beach adopted Resolution No. 2013 -03 and notifying ALUC and
the State Division of Aeronautics of the City Council's intent to overrule the ALUC's
determination of inconsistency for the Uptown Newport.
8. Pursuant to Public Utilities Code Section 21676(b), the City provided notice of a
public hearing on the City Council's intent to overrule the ALUC determination to be
held on February 26, 2013, in the City Hall Council Chambers, 100 Civic Center
Drive, Newport Beach, California. A notice of time, place, and purpose of the
meeting was given in accordance with the Newport Beach Municipal Code.
Evidence, both written and oral, was presented to, and considered by, the City
Council at the public hearing.
9. In correspondence dated February 5, 2013, ALUC Chairman Gerald Bresnahan
submitted comments in response to receiving notice of the City Council's intent to
overrule ALUC's inconsistency determination.
10. On February 14, 2013, the City received correspondence from the Department of
Transportation, Division of Aeronautics (Division), confirming the Division's receipt of the
City of Newport Beach's Notice of Intent to Overrule the Orange County Airport Land
Use Commission and the proposed overrule findings that were included City Council
Resolution No. 2013 -3. The Division acknowledged that the Project was revised to
remain within the established AELUP height restrictions and that the FAA has identified
similarly situated structures in the area. The Division concluded that the City's stated
facts support the findings were consistent with the purposes of Public Utilities Code
Section 21670 and encouraged the City of Newport Beach to take into consideration
cumulative effects of horizontal surface penetration with this and future projects in the
City.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. The Uptown Newport Final Environmental Impact Report No. ER2012 -001 (SCH
No. 2010051094) was prepared for the Project in compliance with the California
Environmental Quality Act (CEQA), the State CEQA Guidelines, and City Council
Policy K -3. By Resolution No. 2013 -21, the City Council, having final approval
authority over the Project, adopted and certified as complete and adequate the
Uptown Newport Final Environmental impact Report (SCH No. 2010051094),
and adopted "Findings and Facts in Support of Findings for the Uptown Newport
Project Final Environmental Impact Report" ( "CEQA Findings "). Resolution No.
2013 -21 is hereby incorporated by reference.
City Council Resolution No. 2013 -23
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SECTION 3. DECISION.
The City Council of the City of Newport Beach does hereby resolve as follows:
The City Council has considered the comments received from the Airport Land Use
Commission and the California Department of Transportation's Division of
Aeronautics' in their entirely prior to rendering a final decision to overrule the ALUC
determination.
2. The City Council does hereby overrule the ALUC determination that the proposed
Project is inconsistent with the Airport Environs Land Use Plan for John Wayne
Airport, finds the Project is consistent with the purposes of Public Utilities Code
21670, and adopt the required findings in support of the City's overrule of the ALUC
determination, as shown in Exhibit "A ", and incorporated herein by this reference.
3. This resolution was approved, passed and adopted at a regular meeting of the
City Council of the City of Newport Beach, held on the 26th day of February,
2013.
Keith D. Curry, Mayor
ATTEST:
City Council Resolution No. 2013 -23
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*AMII --Ib
FINDINGS OF THE CITY OF NEWPORT BEACH W SUPPORT OF THE CITY'S
DECISION TO OVERRULE THE AIRPORT LAND USE COMMISSION
DETERMINATION THAT THE UPTOWN NEWPORT PROJECT IS INCONSISTENT
WITH THE AIRPORT ENVIRONS LAND USE PLAN FOR THE JOHN WAYNE
AIRPORT
Public Utilities Code Section 21676(b) provides that the City of Newport Beach may
overrule the determination by the Airport Land Use Commission that the Project is
inconsistent with the Airport Environs Land Use Plan for the John Wayne Airport, by a two -
thirds vote of the City Council, if it makes specific findings that the Project is consistent
with the purposes of in Public Utilities Code Section 21670.
The purposes of Public Utilities Code Section 21670 are included is subsection (a)(2),
which reads as follows:
It is the purpose of this article to protect public health, safety, and welfare by
ensuring the orderly expansion of airports and the adoption of land use measures
that minimize the public's exposure to excessive noise and safety hazards within
areas around public airports to the extent that these areas are not already devoted
to incompatible uses.
The Project is consistent with the legislative purpose set forth in California Public Utilities
Code Section 21670(a)(2) to protect public health, safety, and welfare by ensuring the
orderly expansion of airports.
Facts in Support
To provide for the orderly development of John Wayne Airport (JWA) and the area
surrounding the airport, the Airport Land Use Commission (ALUC) adopted the
Airport Environs Land Use Plan (AELUP) for the John Wayne Airport, which was
most recently amended on April 17, 2008. The AELUP guides development
proposals to provide for orderly development of the airport and the area
surrounding the airport through implementation of the standards for aircraft noise,
safety compatibility zones, and building height restrictions in AELUP Section 2.1.
2. The ALUC staff report dated October 18, 2012, reflects that ALUC's staff reviewed
the Project with respect to compliance with the AELUP, including review of
appropriate noise standards, height restrictions, imaginary surfaces, safety zones,
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and environmental compliance, and recommended that ALUC find the Project
consistent with the AELUP.
3, The Project is consistent with the noise, height and safety standards set forth in the
AELUP, and therefore provides for the orderly development of the airport and the
area surrounding the airport, based on the following:
a. The residential and commercial land uses for the Project are consistent with
the noise standards of the AELUP.
AELUP Section 2.1.1 sets forth the Community Noise Equivalent Level
(CNEL) standards, A small portion of the Project on the eastern boundary
fronting Jamboree Road is located within the 60 dB CNEL noise contour for
JWA, with the remainder falling within the 55 dB CNEL contour. AELUP
Section 3.2.4 defines the noise exposure to be "Moderate Noise Impact" in
the 60 -65 dBA CNEL noise contour, which is Noise Impact Zone 2. Per the
AELUP, noise impact in this area is sufficient to require sound attenuation.
As outlined in the AELUP, the residential use interior sound attenuation
requirement in this noise impact zone is required to be a CNEL value not
exceeding an interior level of 45 dBA. The small portion of the Project area
that falls within the 60 dBA CNEL triggering an interior level of 45 dBA would
not include residential units. This area would be developed with a
landscaped parkway and sidewalk. Future Project- related residential units
that would fall within Noise Impact Zone 2 would be conditioned to achieve
compliance with the 45 dBA CNEL interior noise standard. in addition, the
Newport Beach General Plan Noise Element requires that residential
development in the Airport Business Area be located outside of the 65 dBA
CNEL noise contour (Policies LU 6.15.3 and N 3.2), and requires residential
developers to notify prospective purchasers or tenants of aircraft overflight
and noise (Policy N 3.2). The Project would be developed in accordance
with these General Plan policies. The AELUP also identifies land uses that
are "normally consistent" and "conditionally consistent" in each noise impact
zone delineated by the CNEL noise contour. AELUP Section 3 Table 1
(Limitations on Land Use Due to Noise) identifies the 60 dB CNEL contour
for residential and commercial uses as "normally consistent' requiring "no
special noise reduction requirements."
b. The residential and commercial land uses for the Project are consistent with
the safety standards of the AELUP.
AELUP Section 2,1.2 sets forth Safety Compatibility Zones to support the
continued use and operation of an airport by establishing compatibility and
safety standards to promote air safety and reduce potential safety hazards
for persons living, working, or recreating near JWA. The Property is within
Safety Zone 6: Traffic Pattern Zone of JWA. Risk factors associated with
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Safety Zone 6 generally include a low likelihood of accident occurrence.
Allowed uses in this safety zone include residential and most nonresidential
uses, with the exception of outdoor stadiums and similar uses with very high
intensities. Uses that should be avoided include children's schools, large
day -care centers, hospitals, and nursing homes. The residential and
commercial land uses of the Project would be consistent with those outlined
in Safety Zone 6 and its applicable land use restrictions.
The comment letter dated February 5, 2013, does not change the City
Council's conclusion that the Project is consistent with the safety
standards set forth in the AELUP. ALUC's inconsistency determination
was based on, in part, on ALUC's claim that the Project "may put at risk
both general aviation operations and future residents of the high rise
building." But the statements are speculative and provide no facts
explaining how the Project places aviation operations or future residents at
risk given building heights below the one definitive standard available.
Furthermore, ALUC's comment referenced other high rise buildings near
the airport and concluded that such buildings are ill- advised and, therefore,
inconsistent with the AELUP. However, Public Utilities Code Section 21670
provides the purpose of the State Aeronautics Act and references an intent
to minimize the public's exposure to excessive noise and safety hazards
within areas around airports to the extent that these areas are not already
devoted to incompatible uses (Public Utilities Code Section 21670,
emphasis added.) ALUC acknowledges that the areas surrounding the
Property are already devoted to incompatible uses, and ALUC appears to
set a new arbitrary standard that all high -rises in the area are inconsistent
with the AELUP.
C, The residential and commercial land uses for the Project are consistent with
the height standards of the AELUP.
AELUP Section 2.1.3 sets forth building height restrictions. This Section
provides that ALUC consider only one standard, Title 14 CFR Part 77.
AELUP Section 2.1.3 provides that these regulations "are the only definitive
standard available and the standard most generally used." AELUP Section
2.1.3 indicates that ALUC recognizes the Federal Aviation Administration
(FAA) as the single "Authority" for analyzing project impact on airport or
aeronautical operations, or navigational -aid siting, including interference with
navigational -aids or published flight paths and procedures. The AELUP also
indicates that the Commission considers the FAA as the "Authority" for
reporting results of such studies and project analyses.
The FAA conducted an aeronautical study for the Project consistent with
FAA Part 77 Regulations. The FAA issued a "No Hazard Determination"
and found that the structures would have no substantial adverse effect on
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the safe and efficient utilization of the navigable airspace. The FAA
reviewed the following heights: 59 feet site elevation (SE); 150 feet above
ground level (AGL); and 206 feet above mean sea level (AMSL). Three of
the eleven points that represent the building heights were identified as
obstacles under the obstruction standards of Title 14 CFR Part 77, Section
77.19(a) (which is 206 feet AMSL) by between 1 to 3 feet.
The FAA stated that the adverse effect of these three building points are
known, and that similarly situated structures of equal or greater height exist
in the area between the Property and the John Wayne Airport runways. The
FAA concluded that three building points do not result in any significant
adverse effect on the aeronautical operations or on the utility of the
navigable approach and departure Terminal Procedures for John Wayne
Airport. The FAA further concluded that existing obstacles and terrain
control the development of future instrument approach and departure
procedures for John Wayne Airport.
Subsequent to the FAA's aeronautical study and No Hazard Determination,
and to ensure that the Project's building heights would be within the limits
established by the Orange County Board of Supervisors for John Wayne
Airport, the applicant amended the Project's proposed zoning regulations.
The amendment limited heights for buildings and any appurtenances to no
greater than the 206 feet AMSL established for John Wayne Airport, by the
Orange County Board of Supervisors. Therefore, the heights of the Project's
residential towers will not penetrate John Wayne Airport's Horizontal
Surface. Additionally, the Project's proposed Planned Community
Development Plan specifies that all development must be constructed in
conformance with FAA Part 77 height restrictions, the Division of
Aeronautics, and height restrictions in the AELUP. Therefore, the Project is
consistent with the height standards contained in the AELUP.
The ALUC comment letter dated February 5, 2013, does not change City
Council's conclusion that the Project is consistent with the height
standards contained in the AELUP. ALUC states its responsibility to
consider the public's wellbeing and viability of aviation facilities and states
that constructing in conformance with FAA Part 77 height restrictions does
not mean that it is prudent to build a residential structure up to the 206'
above mean sea level ( "AMSL") elevation. Although ALUC acknowledges
that air traffic patterns were modified previously to accommodate buildings
in this area, ALUC did not provide any other facts in support of the
statement that more buildings will cause additional modifications to air
traffic patterns and/or lead to an unsafe environment. ALUC did not
provide any information as to why adjustments may be necessary at this
time but simple relies on the fact that adjustments were previously made
to accommodate buildings in the area.
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The Project is consistent with the legislative purpose set forth in California Public Utilities
Code Section 21670(a)(2) to ensure the adoption of land use measures that minimize the
public's exposure to excessive noise and safety hazards within areas around public
airports to the extent that these areas are not already devoted to incompatible uses.
Facts in Support
1. To protect the public health, safety and welfare by ensuring orderly expansion of
airports, the ALUC adopted the AELUP, which serves as a land use compatibility
plan to "safeguard the general welfare of the inhabitants within the vicinity of the
airport and to ensure the continued operations of the airport" (AELUP, Section 1.2,
p. 2.). The AELUP standards guide development proposals to provide for the
orderly development of the airport and the area surrounding the airport through
implementation of the standards in AELUP Sections 2 (Planning Guidelines) and 3
(Land Use Policies). Implementation of these standards "seeks to protect the
public from the adverse effects of aircraft noise, to ensure that people and facilities
are not concentrated in areas susceptible to aircraft accidents, and to ensure that
no structures or activities adversely affect navigable airspace. " As set forth above
in the Facts in Support of Finding A, the proposed project is consistent with the
AELUP noise, safety standards, and building heights. Because, the land use
measures proposed as part of the Project are consistent with the AELUP, the
Project serves the purpose of Public Utilities Section 21670(a)(2) to minimize the
public's exposure to excessive noise and safety hazards to the extent the area is
not already devoted to incompatible uses.
2. To protect the public health, safety and welfare the ALUC adopted the AELUP to
outline land use measures that minimize the public's exposure to excessive noise
and safety hazards within areas around public airports to the extent these are not
already devoted to incompatible use. The AELUP provides land use policies in
AELUP Section 3 (Land Use Policies) that govern noise, safety, and building
height. As set forth above, the Project is consistent with AELUP noise, safety
standards, and building heights.
3. The land use measures proposed by the Project were included in the City of
Newport Beach 2006 General Plan, which ALUC found to be consistent with the
AELUP on July 20, 2006. The 2006 General Plan provided the following goal: "re-
use of underperforming industrial and office properties and development of
cohesive residential neighborhoods in proximity to jobs and services in the John
Wayne Airport Area" (LU Policy 3.3). The General Plan also designated properties
located in the Airport Business Area as Mixed -Use Horizontal -2 (MU -112), which
allows for the intermixing of uses that include regional commercial office, multi-
family residential, vertical mixed -use buildings, industrial, hotel rooms, and ancillary
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commercial uses. A maximum of 2,200 residential units were allocated for the MU-
H2 properties. The Project is consistent with this General Plan Land Use
designation as it would provide a mix of residential and neighborhood - serving
uses and park and open space to the City's Airport Business Area.
4. The Newport Beach General Plan Noise Element additionally specifies that
residential development in the Airport Business Area be outside of the 65 dBA
CNEL noise contour and requires residential developers to notify purchasers or
tenants of aircraft overflight and noise. The proposed project is outside the 65 dBA
and prospective purchasers and tenants will be notified. The proposed project is
consistent with these policies, which are the same policies that ALUC deemed
consistent with the AELUP on July 20, 2006.
5. On August 19, 2010, ALUC found the City of Newport Beach 2010 Zoning Code
Update consistent with the AELUP, which included Map H -1 High Rise and
Shoreline Height Limit Areas (Exhibit 1). The Project is located in the Newport
Beach Zoning Code 300 -foot High Rise Height Area. Furthermore the Project is
subject to review by ALUC and the Federal Aviation Administration (FAA) as
specified in Section 20.30.060.E of the Newport Beach Zoning Code. The Project
is in compliance with the Newport Beach Zoning Code's permitted building height
as the residential buildings would range from 30 feet to 75 feet in height, with
several residential towers up to 150 feet high. The Project received a
determination of "No Hazard to Air Navigation" from the FAA on August 6, 2012,
6. In correspondence dated February 14, 2013, the California Department of
Transportation, Division of Aeronautics (Division) confirmed the Division's receipt
of the City of Newport Beach's Notice of Intent to Overrule the Orange County
Airport Land Use Commission and the proposed overrule findings that were
included City Council Resolution No, 2013 -3. The Division acknowledged that
the Project was revised to remain within the established AELUP height
restrictions and noted that the FAA has identified similarly situated structures in
the area. Therefore, the Division concluded that the City's stated facts support
the findings were consistent with the purposes of Public Utilities Code Section
21670 and encouraged the City of Newport Beach to take into consideration
cumulative effects of horizontal surface penetration with this and future projects
in the City.
The City Council finds the ALUC's determination that the proposed project was
inconsistent is not based on substantial evidence that was introduced, commented on, or
identified in support of the inconsistency finding.
City Council Resolution No. 2013 -23
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Facts in Support
1. The ALUC meeting minutes for October 18, 2012, reflect that a motion to find the
Project inconsistent with AELUP was based upon AELUP Section 2.1.3 (Planning
Guidelines, Building Height Restrictions). The AELUP Section 2.1.3 does state that
a FAA Determination of No Hazard to Air Navigation does not automatically equate
to a project consistency determination by ALUC. Section 2.1.3 further states that
the ALUC may find a project inconsistent based on an obstruction determination by
the FAA. However this criterion is not applicable to this Project, since the FAA
concluded that the three obstacles, as defined under the Title 14 obstruction
standards, do not result in any significant adverse effect on the aeronautical
operations or on the utility of the navigable approach and departure Terminal
Procedures for John Wayne Airport. Additionally, subsequent to the FAA's No
Hazard Determination, the applicant reduced the Project's building and
appurtenances height limit to no greater than the 206 feet AMSL consistent with the
horizontal surface established for John Wayne Airport, by the Orange County
Board of Supervisors.
The City Council acknowledges ALUC's responsibility to protect existing air traffic
pattern and ALUC's contention that ALUC proceedings are benefited by
members with expertise in aviation who are aware of the complex legal charge to
protect public airports from incompatible land use and to protect the health,
safety and welfare of citizens. However, the comment letter provided by ALUC
includes conclusory statements which do not amount to substantial evidence to
support its inconsistency determination. In particular, facts have not been
provided to show how, if at all, the Project will interfere with established, planned,
airport flight procedures, patterns or navigational systems. Instead, conclusory
statements are made that the Project "may" interfere. However, the FAA
aeronautical study states the Project structure "would have no effect on any
existing or proposed [instrument Flight Rules or Visual Flight Rules]
arrival /departure routes, operations, or procedures.... The structure would have
no effect on any existing or proposed [Instrument Flight Rules] minimum flight
altitudes.... The structure would not penetrate those altitudes normally
considered available to airmen for [Visual Flight Rules] en route flight." AELUP
Section 3.2.6 also states the "standards, criteria, and procedures promulgated by
the FAA for the thorough evaluation of development projects are designed to
ensure the safe and efficient use of the navigable airspace." The Project is
consistent with FAA building heights and safety zones.
The 3 building points identified by the FAA as penetrating the imaginary surfaces
have been amended and are now below the threshold. The FAA also concluded
that the 3 points, prior to their amendment, do not result in any significant
adverse effect on the aeronautical operations or on the utility of the navigable
approach and departure Terminal Procedures for JWA. The FAA further
concluded that existing obstacles and terrain already control development of
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future instrument approach and departure procedures for JWA. The Project's
construction of two residential towers up to 150' above ground level is consistent
with City, FAA and AELUP requirements.
2. AELUP Section 2.1.3 allows the ALUC to utilize criteria for protecting aircraft traffic
patterns which is different than FAA Part 77 should evidence of health, welfare, or
air safety surface sufficient to justify such an action. The ALUC's statement of
evidence contained in the meeting minutes of October 18, 2012, is limited to "this
area directly under the general aviation flight path is not a good place for residential
and noted that if buildings this tall were built, there would eventually be a wall of
building that a pilot would need to navigate through ".
This statement is contrary to the ALUC's two previous determinations of AELUP
consistency (General Plan and Zoning Code Updates) that allows residential uses
in the Airport Business Area with a maximum building height of 300 feet above
grade.
Section 20.30.060C(2)(e) and Section 20.30.060E of the Municipal Code governing
the height requirement and AELUP. These sections were provided to the ALUC
during the 2010 Zoning Code Update, along with Map H -1 High Rise and
Shoreline Height Limit Areas. The Zoning Code Update was deemed consistent
with the AELUP.
1 The City Council has considered the FAA No Hazard Determination, the proposed
relevant Project conditions, the AELUP standards, and the ALUC Inconsistency
determination and finds the Project is consistent with the stated purposes of Public
Utilities Code Section 21670 because (1) the Project is consistent with the AELUP
and therefore ensures the orderly expansion of airports; and (2) the Project's
proposed land use measures are intended to minimize the public's exposure to
excessive noise and safety hazards.
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
1, Leilani L Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the
whole number of members of the City Council is seven; that the foregoing resolution, being Resolution
No. 2013 -23 was duly and regularly introduced before and adopted by the City Council of said City at a
regular meeting of said Council, duly and regularly held on the 26t' day of February, 2013, and that the
same was so passed and adopted by the following vote, to wit:
Ayes: Gardner, Hill, Selich, Henn, Daigle, Mayor Curry
Nays: None
Recused: Petros
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 27'h day of February, 2013.
City Clerk
Newport Beach, California
(Seal)