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HomeMy WebLinkAbout19 - General Plan Land Use Element Amendmentr TO: FROM: PREPARED BY: PHONE: TITLE: CITY OF NEWPORT BEACH City Council Staff Report May 13, 2014 Agenda Item No. 19. HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL Kimberly Brandt, Community Development Director — (949) 644 -3226, kbrandt @newportbeachca.gov Brenda Wisneski, AICP, Deputy Community Development Director 949 - 644 -3297 General Plan Land Use Element Amendment - Notice of Intent to Override the Orange County Airport Land Use Commission's Determination of Inconsistency (PA2013 -098) ABSTRACT: The City Council may adopt a resolution that provides notification of their intent to overrule the Orange County Airport Land Use Commission's (ALUC) determination that the General Plan Land Use Element Amendment ( "Project ") is inconsistent with the 2008 John Wayne Airport Environs Land Use Plan ( AELUP). RECOMMENDATION: a) Conduct a public hearing; and b) Adopt Resolution No. 2014 -40 (Staff Report Attachment No. CC -1), 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, and finding the adopting of this Resolution is not subject to the California Environmental Quality Act. FUNDING REQUIREMENTS: No fiscal impact. DISCUSSION: On April 17, 2014, the ALUC found the proposed Project to be inconsistent with the AELUP on a 3 -2 -2 vote. The letter of determination is provided as Exhibit CC -2. During the meeting, ALUC expressed their specific concerns with the proximity of the residential uses proposed in the Airport Area (Area 4) to the airport and based their decision on Section 2.1.3 of the AELUP, which states "the ALUC may utilize criteria for protection of aircraft traffic patterns at individual airports which may differ from those contained in FAR Part 77, should evidence of health, welfare or air safety surface sufficient to justify such an action." As a final review authority on legislative acts, Council may, after a public hearing, choose to overrule the ALUC's decision by following the procedure established in Public Utilities Code Sections 21676 and 21676.5. This two -step procedure requires Council to conduct two separate public meetings. The initial step is to notify ALUC and the State Division of Aeronautics of the City's intention to override the ALUC's determination by adopting a resolution of intent at least 45 days in advance of the overruling. In turn, ALUC may provide comments to Council within 30 days of receiving the resolution of intention. If ALUC's comments are not available within this time limit, the City Council may act without them. ALUC comments are advisory to Council and Council must include the ALUC comments in the public record of any final decision to overrule ALUC. At the second meeting, Council would be required to make specific findings that the proposed overruling is consistent with the purposes stated in Public Utilities Code Section 21670. The Council's adoption of the notification resolution does not constitute the approval of Project nor does it predispose the City Council's future action. The Planning Commission is scheduled to hold study sessions on May 8, and May 22, 2014, and is scheduled to conduct a public hearing to consider the Project on June 5, 2014. A public hearing before the City Council is tentatively scheduled for July 8, 2014. Should Council desire to proceed with the process to overrule ALUC's decision, a draft resolution of intent with specific findings is included in Attachment CC -1. The Project, as proposed, is consistent with the noise and safety building height standards of the AELUP. The City will not lose its consistency status by completing the override process and the City will not bear any liability from completing the overrule process. ENVIRONMENTAL REVIEW: Staff recommends that Council find that the adoption of this Resolution is not subject to the California Environmental Quality Act (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. NOTICING: Public notice of the meeting has been provided in the following manner: 1) all property owners of proposed land use changes; 2) posting at each site; 3) mailing to property owners within 300 feet of each affected property and to project interest groups; 4) publication in Daily Pilot; and 5) noticing through the City's Select Alert system. The mailing, publication, and notification occurred at a minimum 10 days in advance of the City Council meeting. In addition the agenda BOO] for this meeting was posted at City Hall and on the City's website (72 hours in advance of the meeting). ATTACHMENTS: Description Attachment CC -1 - Resolution of Intent to Override Attachment CC -2 - ALUC Letter of Determination 410 FAar_Cd:h�d=I011 rt1 RESOLUTION NO. 2014- 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; 411 Council Resolution No. 2014 - 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. 412 Council Resolution No. 2014 - 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 13`h day of May, 2014, by the following vote, to wit: AYES, COUNCIL MEMBERS NOES, COUNCIL MEMBERS ABSENT, COUNCIL MEMBERS MAYOR ATTEST: Leilani Brown, City Clerk APPROVED AS TO FORM, OFFICE OF CITY ATTORNEY: Aaron Harp, City Attorney for the City of Newport Beach 413 Council Resolution No. 2014 - 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. 1. 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 staff's 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 60 414 Council Resolution No. 2014 - 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 overflight 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 415 Council Resolution No. 2014 - 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 416 Council Resolution No. 2014 - 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. 417 ORANGE COUNTY April 22, 2014 ATTACHMENT B AIRPORT LAND USE COMMISSION FOR ORANGE COUNTY 3160 Airway Avenue • Costa Mesa, California 92626 • 949.252.5170 fax: 949.252.5178 Gregg Ramirez City of Newport Beach 100 Civic Center Drive P.O. Box 1768 Newport Beach, CA 92658 Subject: City of Newport Beach General Plan Land Use Element Amendment Dear Mr. Ramirez: During the meeting held on April 17, 2014 the Airport Land Use Commission (ALUC) for Orange County considered the subject project. The matter was duly discussed, moved and seconded. The Commission voted 3 to 2 to find the City of Newport Beach General Plan Land Use Element Amendment inconsistent with the Commission's Airport Environs Land Use Plan (A EL UP) for John Wayne Airport (JWA) and with the AEL UP for Heliports. The Commission's concerns centered primarily around one of the Planning Areas in the City's proposal — designated Area 4 "Airport Area" in the City's proposed General Plan Land Use Element Amendment. The Commission stated that residential uses are not appropriate in this area because of: • Aircraft noise impacts in the area, • Significant overflight of General Aviation (GA) aircraft — the area is right under the GA flight path, 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). Please contact ALUC staff at (949) 252 -5123 or via email at lchoumnae ocair.com if you require additional information or have questions regarding this proceeding. Sincerelly.y--,� Kari A. Rigoni Executive Officer EM CITY OF NEWPORT BEACH NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that on Tuesday, May 13, 2014, at 7:00 p.m., or soon thereafter as the matter shall be heard, a public hearing will be conducted in the City Council Chambers at 100 Civic Center Drive, Newport Beach. The City Council of the City of Newport Beach will consider the following request: General Plan Land Use Element Amendment — Notice of Intent to Override the Airport Land Use Commission's Determination of Inconsistency - The consideration of adopting a resolution of intent to notify the Orange County Airport Land Use Commission and the State Division of Aeronautics of the City's intention to override the Airport Land Use Commission's determination that the proposed Land Use Element Amendment is inconsistent with the 2008 John Wayne Airport Environs Land Use Plan. NOTICE IS HEREBY FURTHER GIVEN that the City Council finds that this resolution is not subject to California Environmental Quality Act (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. All interested parties may appear and present testimony in regard to this application. If you challenge this project in court, you may be limited to raising only those issues you raised at the public hearing or in written correspondence delivered to the City, at, or prior to, the public hearing. Administrative procedures for appeals are provided in the Newport Beach Municipal Code Section 20.64. The application may be continued to a specific future meeting date, and if such an action occurs additional public notice of the continuance will not be provided. Prior to the public hearing the agenda, staff report, and documents may be reviewed at the Planning Division, 100 Civic Center, Newport Beach, California, 92660 or at the City of Newport Beach website at www.newoortbeachca.gov. Individuals not able to attend the meeting may contact the Planning Division or access the City's website after the meeting to review the action on this application. For questions regarding this public hearing item please contact Gregg Ramirez, Senior Planner, at (949) 644 -3219, gramirz @newportbeachca.gov. Project File No.: PA2013 -098 Zone: Various Location: Citywide W ,+'"cE �kjaM1 ,c94ronP r Activity No.: GP2013 -001 General Plan: Various Applicant: City of Newport Beach k *L �� Leilani I. Brown, City Clerk City of Newport Beach a wrnnv uruun c wiuu -uve woyw di Adffl a, --a —sues ®0915 ®AN3Ad uegeo al zasllln w031U9A8 MA A aP uye amyaeg eI a zalldaN jelad @ salpe; sauanbll� Property Owners — REGULAR U G l • 1 NOA ` ?—L S flvn 4 Beacon Bay Enterprises Inc. Steven W. Legere Lebata Inc. 150 Newport Center Drive 2884 Miguel Lane 4621 Teller Avenue, #1040 Newport Beach, CA 92660 Costa Mesa, CA 92626 Newport Beach, CA 92660 CNB -15 CNB -15 CNB -15 Beachwood Partners LLC Lyon Housing LLC 4750 Von Karman LLC 4770 Von Karman Avenue 4901 Birch Street 5 Park Plaza, #1150 Newport Beach, CA 92660 Newport Beach, CA 92660 Irvine, CA 92614 CNB -15 CNB -15 CNB -15 KCN LTD Edition Owners Limited Edition PTNRS I2B Newport Beach LLC 5030 Campus Drive 4920 Campus Drive 1901 Newport Boulevard, #350 Newport Beach, CA 92660 Newport Beach, CA 92660 Costa Mesa, CA 92627 CNB -15 CNB -15 CNB -15 Catherine M. Shattuck Kim Kao Lambeau Properties LLC 4770 Von Karman Avenue 22803 Seaway Drive 3921 Birch Street, #1 Newport Beach, CA 92660 Laguna Niguel, Ca 92677 Newport Beach, CA 92660 CNB -15 CNB -15 CNB -15 Bridgestone Properties Beachwood Partners LLC 5015 Birch Street 4910 Campus Drive 5000 Campus Drive Newport Beach, CA 92660 Newport Beach, CA 92660 Newport Beach, CA 92660 CNB -15 CNB -15 CNB -15 Dekk Associates George Katcherian Stonewood Birch LLC 640 N. Tigertail Road 4263 Birch Street 4229 Birch Street, #150 Los Angeles, CA 90049 Newport Beach, CA 92660 Newport Beach, CA 92660 CNB -15 CNB -15 MO-15 4321 Birch Partners LTD 4400 Campus LLC Christine S. Johnson 412 N. Coast Highway, #B -370 2150 E. Tahquitz Canyon Way, #9 4300 Campus Drive Laguna Beach, CA 92651 Palm Springs, CA 92262 Newport Beach, CA 92660 CNB -15 CNB -15 CNB -15 L P APC Pacific Medical Innovations LLC Huu N. Pham 1600 Dove Street, #480 1640 Newport Boulevard, #310 3 Via Burrone Newport Beach, CA 92660 Costa Mesa, CA 92627 Newport Beach, CA 92657 CN13-15 CNB -15 CNB -15 Rockefeller LTD Rockefeller LTD Segelman 4525A MacArthur Boulevard 1600 Dove Street, #480 3893 Aldo Court Newport Beach, CA 92660 Newport Beach, CA 92660 Soquel, CA 95073 CNB -15 CNB -15 CNB -15 ► �®6p3 dn- dodesedxa ® jaded peag @09LS alelduja1 Qk8AV asn I e09LS ®AH3A%f 5 of gull Bucle Pugs V stage, elaad ilse3 c i � wwdaaae•NUAM 3 Newport Retail Center LLC 3146 Red Hill Avenue, #200 Costa Mesa, CA 92626 iw1m1 -UWd WWaa a[JUJUA W --- - --s-- ap We QU1100q el g aalldell - APC LP 4525 MacArthur Boulevard, #A Newport Beach, CA 92660 CNB -15 CNB -15 ®0915 ®Aa3AV lllege6 al zesnan salad q selpe; senanblq Birch & Campus LP 636 Harbor Island Drive Newport Beach, CA 92660 CNB -15 E W Spinney Jr. WF Quail LLC TN Toed LLC 712 Harbor Island Drive 12 Fair Elms 9092 McBride River Avenue Newport Beach, CA 92660 Laguna Niguel, CA 92677 Fountain Valley, CA 92708 CNB -15 CNB -15 CNB -15 Sa Abanoub LLC JRJ Investments LP Orange County Bar Association 7029 Martano Place 1835 Newport Boulevard, #D263 PO Box 6130 Alta Loma, CA 91701 Costa Mesa, CA 92627 Newport Beach, CA 92658 CNB -15 CNB -15 CNB -15 Pacific Newport Investment LLC RU Investments LLC Harbor Day School 1801 Dove Street 2350 Bristol Street 3443 Pacific View Drive Newport Beach, CA 92660 Newport Beach, CA 92660 Newport Beach, CA 92625 CNB -15 CNB -15 CNB -15 Jirair Poladian 1526 Placentia Avenue Newport Beach, CA 92660 CNB -15 T i ®0915 ®/��3/�� vuafp3 do -dod asodxa �� jaded peas ► ®0915 aleldwaj ®IOanv asn i 01 awl 6uole PUBS . i slageq ®laad Ase3 IL • . 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STATE OF ILLINOIS County of Cook I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the action for which the attached notice was published. I am a principal clerk of the Daily Pilot, which was adjudged a newspaper of general circulation on September 29,1961 and June 11,1963, Cases A6214 and A24831 for the City of Costa Mesa, County of Orange, and State of California. Attached to this Affidavit is a true and complete copy as was printed and published on the following date(s): May 03, 2014 I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Dated at Chicago, Illinois on this ' day of (JM . 20 1`Y . [signature] 435 N. Michigan Ave. Chicago, IL 60611 2351980 - Daily Pilot a r f Sold To: City Of Newport-City Clerk's Office (Key) - CU00064829 PO Box 1768 Newport Beach,CA 92658 Bill To: City Of Newport-City Clerk's Office (Key) - 0000064829 PO Box 1768 Newport Beach,CA 92658 anoFm�m� sr✓.� Nnn�aFweuc NfnwHa' NOTKf IS HFAEBV GIV4H Nil C1 i�ad�Vi Mum s'M pNM Mb nCw ia8 EP 1nM z tG#. lmugvrYkarmu.Mmki(m/ cwrcmmroamim�nm.r Larv4P44e(kf «Map'.BhwA e@WR{141Rf 40nnal Piav tnM Uw Musa �a xt :a4 �nMry Mti R[[tm lmim. Wh6 (tpGl ,.; tU ?rtfi "!A I ? AM s .I. 114 prql , !?r 2351980 - Daily Pilot ME R Q V t PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF ILLINOIS County of Cook I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the action for which the attached notice was published. I am a principal clerk of the Daily Pilot, which was adjudged a newspaper of general circulation on September 29,1961 and June 11,1963, Cases A6214 and A24831 for the City of Costa Mesa, County of Orange, and State of California. Attached to this Affidavit is a true and complete copy as was printed and published on the following date(s): May 03, 2014 I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Dated at Chicago, Illinois on this 5 day of ME/ . 20 IL4 . [signature] 435 N. Michigan Ave. Chicago, IL 60611 2351980 - Daily Pilot A Sold To: City Of Newport-City Clerk's Office (Key) - C000064829 PO Box 1768 Newport Beach,CA 92658 Bill To: City Of Newport-City Clerk's Office (Key) - CU00064829 PO Box 1768 Newport Beach,CA 92658 p}YOPNfiWPNR BGOF Nmt��PUmK IIFAFLtlG NBTKE 6 HEAEBY GtV'Jt M o� NgavYi MvY 1f. ]uf¢ vt S.ap wM1.a �:.u�•xax runr 42 #'rcrt. a.Mk Idmy n4tratLE¢`atP(q &mikYrtM�aui9ilri:atw fw�A Vn�WUivaf'm�yx xfl�vrmhF5cevgreata' r-,r ��1\ IpFl ? !ii "'Alt 12 A ! i; IEtj r• r-, nr " P ��L vi 2351980 - Daily Pilot PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF ILLINOIS County of Cook I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the action for which the attached notice was published. I am a principal clerk of the Daily Pilot, which was adjudged a newspaper of general circulation on September 29,1961 and June 11,1963, Cases A6214 and A24831 for the City of Costa Mesa, County of Orange, and State of California. Attached to this Affidavit is a true and complete copy as was printed and published on the following date(s): May 03, 2014 I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Dated at Chicago, Illinois on this day of J1� 20�. [signature] 435 N. Michigan Ave. Chicago, IL 60611 2351980 - Daily Pilot AFFIDAVIT OF PUBLICATION STATE OF CALIFORNIA, ) ) SS. County of Orange ) I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of The Orange County Register, a newspaper of general circulation, published in the city of Santa Ana, County of Orange, and which news- paper has been adjudged to be a newspaper of general circulation by the Superior Court of the County of Orange, State of California, under the date of November 19, 1905, Case No. A- 21046, that the notice, of which the annexed is a true printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit: May 3, 2014 "I certify (or declare) under the penalty of perjury under the laws of the State of California that the foregoing is true and correct": Executed at Santa Ana, Orange County, California, on Date: May 3, 2014 S' nature The Orange County Register 625 N. Grand Ave. Santa Ana, CA 92701 (714) 796 -2209 7 711 PROOF OF PUBLICATION r n� rx r , _, AFFIDAVIT OF PUBLICATION STATE OF CALIFORNIA, ) ) ss. County of Orange ) I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of The Orange County Register, a newspaper of general circulation, published in the city of Santa Ana, County of Orange, and which news- paper has been adjudged to be a newspaper of general- circulation by the Superior Court of the County of Orange, State of California, under the date of November 19, 1905, Case No. A- 21046, that the notice, of which the annexed is a true printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit: May 3, 2014 "I certify (or declare) under the penalty of perjury under the laws of the State of California that the foregoing is true and correct ": Executed at Santa Ana, Orange County, California, on Date: May 3, 2014 ? lgn Signature The Orange County Register 625 N. Grand Ave. Santa Ana, CA 92701 (714) 796 -2209 n Ef is `1 _0 "u, PROOF OF PUBLICATION r