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HomeMy WebLinkAbout2014-40 - Notifying the Orange County Airport Land Use Commission and the State Division of Aeronautics of the City's Intention to Find that the General Plan Land Use Element Amendment is Consistant with the Purposes of the State Aeronautics Act and to OvRESOLUTION NO. 2014 -40 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH NOTIFYING THE ORANGE COUNTY AIRPORT LAND USE COMMISSION AND THE STATE DIVISION OF AERONAUTICS OF THE CITY'S INTENTION TO FIND THAT THE GENERAL PLAN LAND USE ELEMENT AMENDMENT IS CONSISTENT WITH THE PURPOSES OF THE STATE AERONAUTICS ACT AND TO OVERRIDE THE ORANGE COUNTY AIRPORT LAND USE COMMISSION'S DETERMINATION THAT THE LAND USE ELEMENT AMENDMENT IS INCONSISTENT WITH THE 2008 JOHN WAYNE AIRPORT ENVIRONS LAND USE PLAN (PA2013 -098) THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. On May 28, 2013, the Newport Beach City Council initiated an amendment to the 2006 General Plan Land Use Element to review its effectiveness in achieving the community's vision, and to update it to reflect legislative changes, emerging best practices, and changing economic markets. 2. The Land Use Element Amendment Advisory Committee (Committee), comprised of two council members, two planning commissioners, and five at- large members, was appointed by the Newport Beach City Council to receive public input, consider options, and develop the amendment to be evaluated in a Supplemental Environmental Impact Report (SEIR). 3. The Land Use Element Amendment (Project) considered by the Committee and evaluated in the draft SEIR includes land use changes and policy revisions. 4. Public Utilities Code Section 21676.b requires the City of Newport Beach to refer the proposed amendment to the Orange County Airport Land Use Commission (ALUC) for consistency with the 2008 John Wayne Airport Environs Land Use Plan (AELUP). 5. At a duly- noticed public hearing on April 17, 2014, the ALUC found the proposed Project to be inconsistent with the AELUP. The ALUC determined that the residential uses proposed in the Airport Area (Area 4) were not appropriate in this area based on the following: a. Airport noise impacts in the area; b. Significant overflight of General Aviation aircraft — the area is under the General Aviation flight path; Council Resolution No. 2014 -40 Page 2 c. The location of one property, a portion of which is within two safety zones (one of these safety zones limits residential uses to very low density (Safety Zone 3). 6. Pursuant to Public Utilities Code Sections 21670 and 21676, the City of Newport Beach may, after a public hearing, propose to overrule the ALUC with a two- thirds vote of the City Council, if the City of Newport Beach makes specific findings that the proposed Project is consistent with the purposes of Public Utilities Code Section 21670. 7. A public hearing was held on May 13, 2014 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 this meeting. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. The City Council finds that this Resolution is not subject to CEQA pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines because it has no potential for resulting in physical change to the environment, directly or indirectly. 2. Specifically, the resolution does not have the potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment because it is limited to the notification of the City's intent to overrule the ALUC determination; and it does not commit the City to approve the proposed Project. The Project will be independently reviewed and evaluated pursuant to CEQA. SECTION 3. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The City Council of the City of Newport Beach does hereby resolve as follows: The City Council directs staff to forward a letter to the ALUC and Caltrans Department of Transportation, Division of Aeronautics, indicating the City of Newport Beach's intent to find the Project consistent with the purposes of the State Aeronautics Act and to override any determination of the ALUC that the proposed Project is inconsistent with the AELUP. The letter shall include the proposed findings in support of the City's intended action as shown in Exhibit "A ", which is attached hereto and incorporated by reference. Council Resolution No. 2014 -40 Page 3 2. This resolution shall take effect immediately upon adoption. 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 13th day of May, 2014. Q—? Rush N. Hill, II Mayor ATTEST: O bol Leilani I. Brown City Clerk Council Resolution No. 2014 -40 Page 4 EXHIBIT "A" FINDINGS A. It is in the public interest to (1) provide for the orderly development of each public use airport in this state and the area surrounding these airports so as to (2) promote the overall goals and objectives of the California airport noise standards adopted pursuant to Public Utilities Code Section 21669 and to (3) prevent the creation of new noise and safety problems. 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 2008 Airport Environs Land Use Plan (AELUP) 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 in Section 2.1 (aircraft noise, safety compatibility zones, building height restrictions). 2. The ALUC staff report dated April 17, 2014, states that based on staffs review of the proposed Land Use Element Amendment (Project) with respect to compliance with the AELUP, including review of appropriate height restrictions, imaginary surfaces, safety zones and noise, the proposed Project may be found consistent with the AELUP. 3. The Project is consistent with the AELUP for the following reasons: a. The proposed land use changes are consistent with the noise standards of the AELUP. AELUP Section 2.1.1 sets forth the Community Noise Equivalent Level (CNEL) standards. The Project includes land use changes, three of which are located in the 65 CNEL and /or 60 CNEL contours for JWA. 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. The City's General Plan Land Use and Noise Elements require that residential development in the Airport Area be located outside of the 65 dBA CNEL noise contour (Policies LU 6.15.3 and N 3.2)'. A portion of the Saunders property is located within the 65 CNEL, therefore future development would be limited to office uses on the affected portion of the property. 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 Council Resolution No. 2014 -40 Page 5 CNEL contour for residential and commercial uses as "normally consistent" requiring "no special noise reduction requirements." The Newport Beach General Plan Noise Element additionally requires residential developers to notify purchasers or tenants of aircraft overnight and noise. The Project does not amend the City's Noise Element. Future developments will be subject to further review which will include consideration of compliance with the applicable Noise Element policies. Compliance with these policies and regulations will ensure that future development within the JWA Airport Planning Area will follow the noise standards of the AELUP. b. The proposed land use changes 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 land use changes proposed in the Airport Area (Area 4) fall within the Safety Zones for JWA. The Airport Area land use changes, with the exception of a portion of the Saunders property, are all within Safety Zone 6. Risk factors associated with Safety Zone 6 generally include a low likelihood of accident occurrence. Allowed uses in Safety Zone 6 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. A portion of the Saunders property is in Safety Zone 3. Safety Zone 3 limits residential uses to very low density (if not deemed unacceptable because of noise), and advises to avoid nonresidential uses having moderate or higher usage intensities. Safety Element Policy S 8.6 demonstrates that the City acknowledges the importance of the JWA Safety Zones which reads as follows: "S 8.6 John Wayne Airport Traffic Pattern Zone Use the most currently available John Wayne Airport (JWA) Airport Environs Land Use Plan (AELUP) as a planning resource for evaluation of land use compatibility and land use intensity in areas affected by JWA operations. In particular, future land use decisions within the existing JWA Clear Council Resolution No. 2014 -40 Page 6 Zone /Runway Protection Zone (Figure S5) should be evaluated to minimize the risk to life and property associated with aircraft operations." Compliance with these policies and regulations will ensure that future development within the JWA Airport Planning Area will follow the safety standards of the AELUP. C. The proposed land use changes are consistent with the height standards of the AELUP. Some of the proposed land use changes fall within the Federal Aviation Administration (FAA) Notification Area and the Federal Aviation Regulation (FAR) Part 77 Obstruction Imaginary Surfaces for JWA. The Newport Beach General Plan does not specify height limits. Height limits would be established in zoning code and planned community amendments. However, General Plan Policy LU 6.15.3 states that all development shall be required to conform with the height restrictions set forth by the FAA and FAR. Therefore through the project review process, compliance with Policy LU 6.15.3 would be demonstrated. 4. The standards and policies set forth in AELUP Sections 2 and 3 were adopted to prevent the creation of new noise and safety problems. As set forth above, the proposed land use changes comply with the noise criteria, safety standards and height requirements established in Sections 2 and 3. Furthermore, compliance with the AELUP standards will be evaluated and demonstrated at the time development projects are proposed in the future. B. It is the purpose of Article 3.5 of the State Aeronautics Act to protect the public health, safety, and welfare (1) by ensuring the orderly expansion of airports and (2) 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. 1. To protect the public health, safety and welfare by ensuring orderly expansion of airports, the ALUC adopted the AELUP. 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 and policies in AELUP Sections 2 and 3. As set forth above, the proposed land use changes are consistent with the AELUP noise, safety, and building height standards. 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 Council Resolution No. 2014 -40 Page 7 to excessive noise and safety hazards within areas around public airports to the extent these are not already devoted to incompatible uses. The AELUP provides land use policies in Section 3 that govern noise, safety and height. As set forth above, the proposed land use changes are consistent with AELUP noise, safety, and building heights standards. C. The 2006 General Plan includes the goal of establishing the Airport Area as a mixed -use community that provides jobs, residential, and supporting services in close proximity, with pedestrian- oriented amenities that facilitate walking and enhance livability. The proposed land use changes serve to further implement the goals of the 2006 General Plan. STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, Leilani 1. 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. 2014 -40 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 1P day of May, 2014, and that the same was so passed and adopted by the following vote, to wit: Ayes: Gardner, Petros, Selich, Curry, Henn, Daigle, Mayor Hill Nays: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 14'h day of May, 2014. 'aWY,16 �� City Clerk Newport Beach, California (Seal)