HomeMy WebLinkAbout2024-27 - Finding the Residences at 1401 Quail Project is Consistent With the Purposes of the State Aeronautics Act and Overriding the Orange County Airport Land Use Commission's Determination that the Project is Inconsistent With the 2008 John Wayne AirpRESOLUTION NO. 2024-27
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, FINDING THE
RESIDENCES AT 1401 QUAIL PROJECT IS
CONSISTENT WITH THE PURPOSES OF THE STATE
AERONAUTICS ACT AND OVERRIDING THE ORANGE
COUNTY AIRPORT LAND USE COMMISSION'S
DETERMINATION THAT THE PROJECT IS
INCONSISTENT WITH THE 2008 JOHN WAYNE
AIRPORT ENVIRONS LAND USE PLAN (PA2023-0040)
WHEREAS, Section 200 of the City of Newport Beach ("City") Charter vests the
City Council with the authority to make and enforce all laws, rules, and regulations with
respect to municipal affairs subject only to the restrictions and limitations contained in the
Charter and the State Constitution, and the power to exercise, or act pursuant to any and
all rights, powers, and privileges, or procedures granted or prescribed by any law of the
State of California;
WHEREAS, an application was filed by Intracorp Homes ("Applicant"), with respect
to the property located at 1401 Quail Street and legally described as Parcel 1 of
Resubdivision No. 341 ("Property");
WHEREAS, the Applicant is requesting approvals to demolish an existing office
building and develop 67 for -sale condominium units, including a 146-space parking structure
("Project"), which requires the following approvals:
• General Plan Amendment ("GPA") — A request to amend the General Plan Land
Use Designation of the Property from General Commercial Office (CO-G) to
Mixed -Use Horizontal (MU-H2);
• Planned Community Development Plan Amendment ("PCDP Amendment") — An
amendment to the Newport Place Planned Community (PC-11) Development
Plan to include the Property within the Residential Overlay;
• Major Site Development Review ("SDR") - A site development review in
accordance with the Newport Place Planned Community (PC-11) and Section
20.52.080 (Site Development Reviews) of the Newport Beach Municipal Code
("NBMC") to construct the Project;
Resolution No. 2024-27
Page 2 of 9
• Tentative Vesting Tract Map (VTM) — A Vesting Tentative Tract Map No. 19261
pursuant to Title 19 (Subdivisions) of the NBMC for 67 condominium dwelling
units,
• Affordable Housing Implementation Plan (AHIP) — A plan specifying how the
Project would meet the City's affordable housing requirements, in exchange for
a request of 27.5% increase in density including a request for four development
standard waivers related to park land dedication, building setbacks, and
building height along with two development concessions related to the mix of
affordable units and a partial payment of the park in -lieu fees pursuant to
Chapter 20.32 (Density Bonus) of the NBMC and Government Code Section
65915 et seq. ("State Density Bonus Law");
• Development Agreement ("DA") — A development agreement, between the
Applicant and the City, pursuant to Section 15.45.020 (Development Agreement
Required) of the NBMC, which would provide the Applicant with vested right to
develop the Project for a term of ten years and provide negotiated public benefits
to the City; and
• Addendum No. 8 to the 2006 General Plan Update Program Environmental
Impact Reports and the 2008-2014 City of Newport Beach Housing Element
Update and Initial Study/Negative Declaration ("Addendum No. 8") — An
addendum which addresses reasonably foreseeable environmental impacts
resulting from the Project;
WHEREAS, the Property is designated General Commercial Office (CO-G) by the
General Plan Land Use Element and located within the Newport Place Planned Community
(PC-11) Zoning District in the Industrial Site 3A sub -area;
WHEREAS, the Property is not located within the coastal zone, therefore, amending
the Local Coastal Program and obtaining a coastal development permit are not required,
WHEREAS, the Property is located in the Airport Area Environs ("Airport Area") and
is one of the 62 new housing opportunity sites allocated in the certified 6t" Cycle Housing
Element;
Resolution No. 2024-27
Page 3 of 9
WHEREAS, on November 14, 2023, the City Council approved Resolutions 2023-
72 and 2023-73 and Ordinances 2023-20 and 2023-21, authorizing amendments to the
Noise Element and Land Use Element of the General Plan, Title 20 (Planning and Zoning)
of the NBMC, Newport Place Planned Community Development Plan (PC-11), and
Newport Airport Village Planned Community Development Plan (PC-60) ("Housing
Element Implementation Noise -Related Amendments") to update the noise contours
identified by the 2014 John Wayne Airport Settlement Agreement Amendment
Environmental Impact Report No. 617 EIR No. 617"), allowing residential units identified
by the certified 6th Cycle Newport Beach Housing Element to be located within the 65
decibel ("65 dBA") Community Noise Equivalent Level ("CNEL") noise contour maps
analyzed in EIR No. 617, and incorporating additional noise attenuation measures for
future housing units proximate to John Wayne Airport ("6th Cycle Housing Element
Implementation Noise — Related Amendments");
WHEREAS, the Property is located within the 60 dBA noise contour as a shown
in the updated noise contour maps adopted as part of the Housing Element
Implementation Noise -Related Amendments;
WHEREAS, a public hearing was held by the Planning Commission on December
21, 2023 in the Council Chambers at 100 Civic Center Drive, Newport Beach, California. A
notice of time, place and purpose of the hearing was given in accordance with
Government Code Section 54950 et seq. ("Ralph M. Brown Act"), and Chapter 15.45
(Development Agreements), Chapter 19.20 (Vesting Tentative Map), Chapter 20.56
(Planned Community District Procedures), and Chapter 20.62 (Public Hearings) of the
NBMC. Evidence, both written and oral, was presented to, and considered by, the
Planning Commission at this hearing;
WHEREAS, at the hearing, the Planning Commission adopted Resolution No.
PC2023-047 by a majority vote (6-0 with one Commissioner absent) recommending the
City Council approve the Project;
WHEREAS, California Public Utilities Code ("CPUC") Section 21676(b) requires
the City to refer the Project to the Orange County Airport Land Use Commission ("ALUC")
to review for consistency with the 2008 John Wayne Airport Environs Land Use Plan
("AELUP");
Resolution No. 2024-27
Page 4 of 9
WHEREAS, on January 18, 2024, the ALUC determined the Project is
inconsistent with the following provisions of the AELUP:
A. Section 2.1.1 (Aircraft Noise), which provides that the "aircraft noise emanating
from airports may be incompatible with the general welfare of the inhabitants
within the vicinity of an airport";
B. Section 2.1.2 (Safety Compatibility Zones), which provides "the purpose of
these zones is to support the continued use and operation of an airport by
establishing compatibility and safety standards to promote air navigational
safety and to reduce potential safety hazards for persons living, working or
recreating near JWX, and
C. Section 3.2.1 (General Policy), which provides that "[w]ithin the boundaries of
the AELUP, any land use may be found to be Inconsistent with the AELUP [if
it] ... (1) [p]laces people so that they are affected adversely by aircraft noise [or]
(2) concentrates people in areas susceptible to aircraft accidents ... "
WHEREAS, pursuant to Sections 21670 and 21676 of CPUC, the City Council
may, after a public hearing, propose to overrule the ALUC by a two-thirds vote, if it makes
specific findings that the Project is consistent with the purpose of Section 21670 of the
CPUC to protect the 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;
WHEREAS, a public hearing was held by the City Council on February 13, 2024,
in the City Council Chambers located at 100 Civic Center Drive, Newport Beach,
California. A notice of time, place, and purpose of the hearing was given in accordance
with CPUC Section 21676(b) and the Ralph M. Brown Act. Evidence, both written and
oral, was presented to, and considered by, the City Council at this hearing;
WHEREAS, at the conclusion of the hearing, the City Council adopted Resolution
No. 2024-10 by unanimous vote (7 ayes, 0 nays) to notify the ALUC and State Department
of Transportation Aeronautics Program ("Aeronautics Program") of the City's intent to
override ALUC's inconsistency finding;
Resolution No. 2024-27
Page 5 of 9
WHEREAS, a notice of the City's intent to override the ALUC inconsistency
determination, along with Resolution No. 2024-10 was sent via certified mail and emailed
to the ALUC and the Aeronautics Program on February 14, 2024;
WHEREAS, the City received timely comments in response to the notice of the
City's intent to override the ALUC inconsistency determination from the ALUC, and the
Aeronautics Program in accordance with CPUC Section 21676 which are attached hereto
as Exhibits "B" and "C" respectively, incorporated herein by reference; and
WHEREAS, a public hearing was held by the City Council on April 9, 2024, in the
City Council Chambers located at 100 Civic Center Drive, Newport Beach, California. A
notice of time, place and purpose of the public hearing was given in accordance with the
Ralph M. Brown Act, Chapter 15.45 (Development Agreements), Chapter 19.20 (Vesting
Tentative Maps), Chapter 20.56 (Planned Community District Procedures), and Chapter
20.62 (Public Hearings) of the NBMC, and CPUC Section 21676(b). Evidence, both
written and oral, was presented to, and considered by, the City Council at this meeting.
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows..
Section 1: The City Council finds the Project is consistent with the purposes of
Section 21670 of the CPUC and the AELUP to protect the 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 and hereby overrides ALUC' s determination that the Project is
inconsistent with the AELUP.
Findings and Facts in Support of Findings
A. The Project is consistent with the noise standards of the AELUP.
The AELUP guides development proposals to provide for the orderly development of John
Wayne Airport and the surrounding area through implementation of the standards in
Section 2 (Planning Guidelines) and Section 3 (Land Use Policies). Implementation of
these standards are intended to protect the public from the adverse effects of aircraft
noise, ensure that people and facilities are not concentrated in areas susceptible to
aircraft accidents, and ensure that no structures or activities adversely affect navigable
airspace.
Resolution No. 2024-27
Page 6 of 9
Section 2.1.1 of the AELUP sets forth the CNEL standards, and Sections 3.2.3 and 3.2.4
of the AELUP define the noise exposure in the 60 dBA to 65 dBA CNEL noise contour
(Noise Impact Zone 2) as " Moderate Noise Impact" and in the 65 dBA to 70 dBA CNEL
noise contour (Noise Impact Zone 1) as "High Impact." Section 3, Table 1 (Limitations on
Land Use Due to Noise) of the AELUP identifies residential uses as "conditionally
consistent" within the 60 dBA to 65 dBA CNEL noise contour and "normally inconsistent"
within the 65 dBA to 70 dBA CNEL noise contour. However, residential uses are not
outright prohibited. Instead, Section 3.2.3 of the AELUP requires the residential uses be
developed with advanced insulation systems to bring the sound attenuation to no more
than 45 dBA within the interior of the building. In addition, residential uses within the 65
dBA CNEL noise contour area are required to be " indoor -oriented" to preclude noise
impingement on outdoor living areas.
The Project is located within the updated 60 dBA CNEL contour, consistent with the
approved 6t" Cycle Housing Element Implementation Noise -Related Amendments.
Additionally, the Project has been conditioned to provide an acoustical report which
describes the best design features of the structure that will satisfy noise standards, be
attenuated to provide a maximum interior noise level of 45 dBA and provide advanced air
filtration systems to promote cleaner air without the opening of windows. These conditions
of approval mitigate noise issues for the Project and is consistent with the 45 dBA interior
noise standards of the AELUP.
B. The Project is consistent with the safety standards of the AELUP.
Section 2.1.2 (Safety Compatibility Zones) of the AELUP sets forth zones depicting which
land uses are acceptable in various portions of JWA environs. Allowed uses in Safety
Zone 6 include residential and most nonresidential uses, excepting 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. Risk factors associated
with Safety Zone 6 generally include a low likelihood of accident occurrence.
The Project is located within Safety Zone 6 and residential uses are allowed in that zone.
The City's General Plan Safety Element Policy S 8.6 demonstrates that the City
acknowledges the importance of the JWA Safety Zones in providing, "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 Zone/Runway Protection Zone
(Figure S5) should be evaluated to minimize the risk to life and property associated with
aircraft operations."
Resolution No. 2024-27
Page 7 of 9
The Project complies with the policies and regulations within the JWA Airport Planning
Area and follows the safety standards of the AELUP as it is located within Safety Zone 6
and is not within the JWA Clear Zone/Runway Protection Zone.
C. The Project is consistent with the height standards of the AELUP.
Section 2.1.3 (Building Height Restrictions) of the AELUP sets forth building height
restrictions. Section 2.1.3 provides that ALUC consider only one standard as provided in
14 Code of Federal Regulations ("C.F.R.") Part 77 (also referred to as the Federal
Aviation Regulations). Section 2.1.3 provides that the Federal Aviation Regulations are
the only definitive standard available and the standard most generally used. Section 2.1.3
identifies the FAA as the single authority for analyzing project impacts on airport or
aeronautical operations, or navigational -aid siting, including interference with navigational
aids or published flight paths and procedures along with reporting results of such studies
and project analysis.
The FAA conducted an aeronautical study for the Project consistent with the Federal
Aviation Regulations. The FAA issued a Determinations of No Hazard to Air Navigation
on August 21, 2023, thereby finding the development does not exceed obstruction
standards and would not be a hazard to air navigation. The FAA reviewed the proposed
building height of the Project assuming an existing site of 51 feet, with a proposed building
that is 81 feet above ground level, and 132 feet above mean sea level ("AMSL"). The FAA
further found that marking and lighting of the Project are not necessary for aviation safety.
Any increase in height of the structure above the proposed 81-foot building height would
require a revised Determination of No Hazard to Air Navigation from the FAA. Additionally,
there are other buildings in the vicinity of the Project that are taller than the Project
including the building located at 1500 Quail Street that is approximately 144 feet AMSL.
Resolution No. 2024-27
Page 8 of 9
Section 2: Environmental Impact Report Addendum No. 8 was prepared for the
Project in compliance with the California Environmental Quality Act ("CEQA") set forth in
California Public Resources Code Section 2100 et seq.; CEQA's implementing
regulations set forth in CCR Title 14, Division 6 Chapter 3 ("CEQA Guidelines") and City
Council Policy K-3 (Implementation Procedures for the California Environmental Quality
Act) to ensure that the Project will not result in new or increased environmental impacts.
On the basis of the entire environmental record, the Project will not result in any new
significant impacts that were not previously analyzed in the PEIR for the General Plan
2006 Update (SCH No. 2006011119) and the City of Newport Beach Housing Element
Initial Study/Negative Declaration. The potential impacts associated with this Project
would either be the same or less than those described in the PEIR and the City of Newport
Beach Housing Element Initial Study/Negative Declaration. In addition, there are no
substantial changes to the circumstances under which the Project would be undertaken
that would result in new or more severe environmental impacts than previously addressed
in the PEIR or the City of Newport Beach Housing Element Initial Study/Negative
Declaration, nor has any new information regarding potential for new or more severe
significant environmental impacts been identified.
The City Council finds that judicial challenges to the City's CEQA determinations
and approvals of land use projects are costly and time consuming. In addition, project
opponents often seek an award of attorneys' fees in such challenges. As project
applicants are the primary beneficiaries of such approvals, it is appropriate that such
applicants should bear the expense of defending against any such judicial challenge, and
bear the responsibility for any costs, attorneys' fees, and damages which may be awarded
to a successful challenger.
Section 3: The recitals provided in this resolution are true and correct and are
incorporated into the operative part of this resolution.
Section 4: If any section, subsection, sentence, clause or phrase of this
resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not
affect the validity or constitutionality of the remaining portions of this resolution. The City
Council hereby declares that it would have passed this resolution, and each section,
subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses or phrases be declared invalid or
unconstitutional.
Resolution No. 2024-27
Page 9 of 9
Section 5: This resolution shall take effect immediately upon its adoption by the
City Council, and the City Clerk shall certify the vote adopting the resolution.
ADOPTED this 9th day of April, 2024.
Will O Neill
Mayor
ATTEST:
Leilani I: -Brown
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Aaro C. Harp
City Attorney
Attachment(s): Exhibit "A" — Airport Land Use Commission Inconsistency Determination
dated January 23, 2024
Exhibit "B" — Comment Letter from Airport Land Use Commission
dated March 12, 2024
Exhibit "C" — Comment Letter from State Department of Transportation
Aeronautics Program dated March 15, 2024
Exhibit "A"
Airport Land Use Commission Inconsistency Determination
dated January 23, 2024
AIRPORT LAND USE COMMISSION
ORANGE I COUNTY
FOR ORANGE COUNTY
3160 Airway Avenue o Costa Mesa, California 92626 - 949.252.5170 fax: 949.252.6012
January 23, 2024
David Lee, Senior Planner
City of Newport Beach Community Development
100 Civic Center Drive
Newport Beach, CA 92660
Subject: ALUC Determination for The Residences at 1401 Quail Street, General Plan
(Land Use) Amendment and Newport Place Planned Community Amendment
Dear Mr. Lee:
During the public meeting held on January 18, 2024, the Airport Land Use Commission (ALUC)
for Orange County considered the subject item. The matter was duly discussed, and with a 6-0
vote, the Commission found The Residences at 1401 Quail Street, General Plan (Land Use)
Amendment and Newport Place Planned Community Amendment to be Inconsistent with the
Airport Environs Land Use Plan for John Wayne Airport (AEL UP for JWA) per:
1. Section 2.1.1 Aircraft Noise that the "aircraft noise emanating from airports may be
incompatible with general welfare of the inhabitants within the vicinity of an airport."
2. Section 2.1.2 Safety Compatibility Zones in which "the purpose of these zones is to
support the continued use and operation of an airport by establishing compatibility and
safety standards to promote air navigational safety and to reduce potential safety hazards
for persons living, working or recreating near JWA."
3. 3.2.1 General Policy (in pertinent part): "Within the boundaries of the AELUP, any land
use may be found to be Inconsistent with the AELUP which: (1) Places people so that
they are affected adversely by aircraft noise, [or] (2) Concentrates people in areas
susceptible to aircraft accidents..."
You may contact us at (949) 252-5170 or at alucinfo0mocair.com if you have any questions
regarding this proceeding.
Sincerely,
t�` t
Lea U. Choum Po r
Executive Officer
cc: ALUC
Exhibit "B"
Comment Letter from Airport Land Use Commission
dated March 12, 2024
DocuSign Envelope ID: C9F60E46-3286-4E70-A43A-1482986AA3B7
AIRPORT LAND USE COMMISSION
ORANGE COUNTY
FOR ORANGE COUNTY
3160 Airway Avenue • Costa Mesa, California 92626. 949.252.5170 fax: 949.252.6012
March 12, 2024
David Lee, Senior Planner
Community Development Department
City of Newport .Beach
100 Civic Center Drive
Newport Beach, CA 92660
Subject: Response to Notice of Intent to Overrule the Airport Land Use Commission
Determination Regarding the Residences at 1401 Quail Street
Dear Mr. Lee,
We are in receipt of the City of Newport Beach (City) letter dated February 14, 2024, and
Citv Council Resolution No. 2024-10 notifying the Airport Land Use Commission (ALUC)
for Orange County of the City's intent to overrule the ALUC's inconsistency determination
on the proposed Residences at 1401 Quail Street. In accordance with Section 21676 of the
Public Utilities Code, the ALUC submits the following conurrents addressing the proposed
overrule findings for the above -referenced project. These comments shall be included in the
public record of a final decision to overrule the ALUC.
Please be advised that California Public Utilities Code (PUC) Section 21678 states: "With .
respect to a publicly owned airport that a public agency does not operate, if the public agency
pursuant to Section 21676, 21676.5, or 21677 overrules a commission's action or
recommendation, the operator of the airport shall be immune from liability for damages to
property or personal injury caused by or resulting directly or indirectly from the public
agency's decision to overrule the commission's action or recommendation."
Background
On January 18, 2024, the ALUC for Orange County found the proposed Residences at 1401
Quail Street to be inconsistent with the Airport Environs Land Use Plan (AELUP) fior John
I-Vayne Airport (AVA) on a 6-0 vote. The inconsistent finding was based on AELUP Sections
2.1.1, 2.1.2, and 3.2.1.
Pursuant to Section 1.2 of the AELUP for JWA, the purpose of the AELUP is to safeguard the
general welfare of the inhabitants within the vicinity of the airport and to ensure the continued
operation of the airport. Specifically, the AELUP seeks to protect the public from the adverse
effects of aircraft noise to ensure that people and facilities are not concentrated in areas
DocuSign Envelope ID: C9F60E46-3286-4E70-A43A-1482986AA3B7
Residences at 1400 Quail Street Overrule Response
March 12, 2024
Page 2
susceptible to aircraft accidents, and to ensure that no structures or activities adversely affect
navigable airspace. Additionally, Section 2.1.4 of the AELUP for JWA and PUC Section
21674 charge the Commission to coordinate at the local level to ensure compatible land use
planning. The City's proposed project would place residential uses within the 65 dBA
Community Noise Equivalent Levels (CNEL) and Safety Zones 4 and 6, which would result
in exposure to significant risks, noise and aircraft overflight, the City's proposed actions are
inconsistent with the AELUP.
ALUC has the following additional comments regarding the findings and facts of support
included in Resolution No. 2024-10.
Response to Finding and Fact in Support A - Regarding Noise Standards:
Pursuant to AELUP Section 2.1.1, "... aircraft noise emanating from airports may be
incompatible with the general welfare of the inhabitants within the vicinity of an airport..."
As noted in the City's discussion, the CNEL standards are set forth in the AELUP. As part of
the review of the proposed Residences at 1401 Quail Street, it was noted that the project site
is within the JWA 65 dBA noise contour. The ALUC believes that the proposed residential
uses would be highly affected by airport noise due to the close proximity to the airport and
that the past and current land use designation of General Commercial Office (CO-G) is the
appropriate designation for this site.
Finding of Fact A states that "the project is located within the updated 60 dBA CNEL contour
consistent with the approved 6th Cycle Housing Element Implementation Noise -Related
Amendments." This "updated 60 dBA CNEL contour" was included as part of the Housing
Element Implementation/Noise Related Amendments which was found inconsistent by the
ALUC on August 17, 2023 and overruled by the City on November 14, 2023. With the 2023
Noise Amendments, the City replaced the existing noise contours which are currently
consistent with the adopted AEL UP for• JIJI'A, with more narrow noise contours which were
included in 2014 Settlement Agreement EIR 617, which did not provide an analysis of the
potentially significant impacts of placing future residential uses within the 65 dB CNEL
contour.
As stated in our December 5, 2023 letter to you, and in the August 17, 2023 ALUC
Staff Report for Item 1: Housing Implementation/Noise-Related Amendments, "the
AELUP continues to reflect the EIR 508 noise contours for• purposes of'deterinining
1•Phether a project is consistent with the AEL UP noise policies and provisions.
Therefore, for purposes of the AELUP consistency analysis, the City and ALUC are
required to utilize the noise contours that are provided in the AELUP. Neither the
Cio) nor the ALUC can provide a consistency analysis based on different and
updated noise contours unless and until those noise contours have been included in
the AELUP. Rather, any submittal must be based on the policies and contours
currently in the existing AEL UP. "
The proposed Housing Element Implementation - Noise Related Amendments would allow
residential uses which are not suitable and would subject the future residents to excessive
DocuSign Envelope ID: C9F60E46-3286-4E70-A43A-1482986AA3B7
Residences at 1400 Quail Street Overrule Response
March 12. ?024
Page 3
noise regardless of which noise contours are utilized. The ALUC has historically found
residential uses in the vicinity of JWA to be inconsistent with the AELUP for Jki II .
Response to Fact in Support B - Regarding Safety:
Pursuant to AELUP Section 2.1.2, "[s]afety and compatibility zones depict which land uses
are acceptable and which are unacceptable in various portions of airport environs. The
purpose of these zones is to support the continued use and operation of an airport by
establishing compatibility and safety standards to promote air navigational safety and to
reduce potential safety hazards for persons living, working or recreating near JWA."
The proposed project is located in Safety Zone 6 — Traffic Pattern Zone. According to the
California Airport Land Use Planning Handbook, noise and overflight should be considered in
Safety Zone 6. Flight tracks for the property were included in the ALUC staff report which
show a high number of flights over the proposed project site. Considering the proposed
density, proximity to JWA and the number of flights over the property, this project is an
inappropriate use for the site.
Response to Fact in Support C - Regarding "Intent of the AELUP":
By virtue of being clearly stated in AEL UP, for JTVA Sections 1.2 "Purpose and Scope" and
2.0 "Planming Guidelines," the ALUC understands the complex legal charge to protect public
airports from encroachment by incompatible land use development, while simultaneously
protecting the health, safety and welfare of citizens who work and live in the airport's
environs. To this end, and as also statutorily required, ALUC proceedings are benefited by
several members having expertise in aviation. Based upon carefiil consideration of all
information provided, and input from ALUC members with expertise in aviation, the ALUC
unanimously found the proposed Residences at 1401 Quail Street to be inconsistent with the
.4 EL UP for• JWA.
We urge the City Council to take ALUC's concerns into consideration in its deliberations
prior to deciding whether to overrule ALUC. Thank you for the opportunity to provide these
comments.
Sincerely,
DocuSigned by:
09C77A2D7F24488...
Mark Monin
Vice -Chairman
cc: Airport Land Use Commission for Orange County
Jonathan Huff, Caltrans/Division of Aeronautics
Exhibit "C"
Comment Letter from State Department of Transportation Aeronautics Program
dated March 15, 2024
STATE OF CALIFORNIA--CALIFORNIA STATE TRANSPORTATION AGENCY Gavin Newsom Governor
DEPARTMENT OF TRANSPORTATION
AERONAUTICS Program- M.S. #40
1 120 N STREET
P. O. BOX 942874
SACRAMENTO, CA 94274-0001
PHONE (916) 654-4959
FAX (916) 653-9531
TTY 711
www.dot.ca.gov
March 15, 2024
David Lee
City of Newport Beach
Community Development Department
100 Civic Center Drive
Newport, CA 92660-3267
Dear Mr. Lee:
Dear Mr. Lee
e
Making Conservation
a California Way of Life.
Electronically Sent
dlee@newportbeachca.gov
One of the goals of the California Department of Transportation (Caltrans), Division of
Transportation Planning, Aeronautics Program (Aeronautics), is to assist cities, counties,
and Airport Land Use Commissions (ALUC) in the development and implementation of
policies that protect the safety and general welfare of their communities where
aeronautical activities take place. We encourage collaboration with our partners in the
planning process and thank you for including us in the review of the proposed overrule of
the Orange County ALUC.
On February 13, 2024, the Aeronautics received an email that included City Resolution
No. #2024-10 declaring an intent to overrule the ALUC's January 18, 2024, inconsistency
determination for the proposed Residences at 1401 Quail Street Project (Project) with the
Airport Environs Land Use Plan for John Wayne Airport (ALEUP for JWA)).
The Project includes the construction of 67 for -sale condominium units and a 146-corner
space parking structure at the northwest of Quail Street and Spruce Street.
Implementation of the proposed project would require demolition of the existing 22,956-
square-foot office building and surface parking on the 1.71-acre site. The proposed multi-
unit residential building consists of six stories including one level of on -grade parking and
one level of subterranean parking. The building height would be approximately 132 feet
above ground level, including architectural elements, parapet, rooftop mechanical
equipment, and roof access.
The proposed Project, Lot 1 Parcel 1 PMB 44 / 38, is in the airport influence area of the
John Wayne Airport at 18601 Airport Way, Santa Ana, CA 92707. The approximate
distance from the runway nearest to the Project is 0.41 miles, or 2,156 feet.
Aeronautics shares the same concerns as the ALUC for this Project as notes below:
Provide a safe, sustainable, integrated, and efficient transportation system
to enhance California's economy and livability"
Ms. Liz Westmoreland
March 15, 2024
Page 2
1. Section 2.1.1 Aircraft Noise that the "aircraft noise emanating from airports
may be incompatible with general welfare of the inhabitants within the vicinity of
an airport."
2. General Policy (in pertinent part): "Within the boundaries of the AELUP, any
land use may be found to be Inconsistent with the AELUP which: (1) Places people
so that they are affected adversely by aircraft noise, [or] (2) Concentrates people
in areas susceptible to aircraft accidents ... "
Aeronautics also share's the same concerns as Charlene V. Reynolds Director of John
Wayne Airport in her letter to the city of Newport Beach dated October 9, 2023,
regarding "Newport Beach Housing Element Noise -Related Amendments". Specifically,
the comments from this letter noted below:
"The City's proposed Housing Element Noise Update has the potential to increase
incompatible land use within the 65 dB CNEL noise contour, which could result in
significant land use compatibility, noise, safety, and overflight impacts and
additional encroachment of incompatible land uses within the airport environs ... In
addition, the City's proposed Housing Element Noise Update is inconsistent with the
2006 Cooperative Agreement entered into between the City and the County.
Revisions are required to the Update to remove any residential uses within the 65
and 60 dB CNEL noise contours to ensure continued compliance with this
important Agreement."
Aeronautics strongly encourages the City to work with both the ALUC and the Airport to
address their concerns and work together to ensure the development of this area is
one that is consistent with the ALEUP for JWA.
It should also be noted that new laws regarding the provision of housing do not
supersede existing laws, including Section 21670 of the California Public Utilities Code,
which requires counties to establish ALUCs and compatibility plans to protect public
health, safety, and welfare.
PUC Section 21675.1(f) provides: If a city or county overrules the commission pursuant to
subdivision(d) with respect to a publicly owned airport that the city or county does not
operate, the operator of the airport is not liable for damages to property or personal
injury resulting from the city's or county's decision to proceed with the action, regulation,
or permit.
Pursuant to PUC Section 21676(a), the Division and ALUC comments shall be included in
the public record of any decision to overrule the ALUC. If you have questions or we may
be of further assistance, please contact me at Vincent.Ray@dot.ca.gov or I can be
reached at (916) 907-2219.
"Provide a safe, sustainable, integrated, and efficient transportation system
to enhance California's economy and livability"
Ms. Liz Westmoreland
March 15, 2024
Page 2
Sincerely,
Vincent Ray
Aviation Planner
c: Matt Friedman, Senior Transportation Planner, Division of Aeronautics
Julie Fitch, Planner, Airport Land Use Commission for Orange County
Lan Zhou, Deputy District Director, Caltrans District 12
"Provide a safe, sustainable, integrated, and efficient transportation system
to enhance California's economy and livability"
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, Leilani I. 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; the foregoing resolution, being Resolution
No. 2024-27 was duly introduced before and adopted by the City Council of said City at a regular meeting
of said Council held on the 91h day of April, 2024; and the same was so passed and adopted by the
following vote, to wit:
AYES: Mayor Will O'Neill, Mayor Pro Tem Joe Stapleton, Councilmember Brad Avery,
Councilmember Noah Blom, Councilmember Robyn Grant, Councilmember
Lauren Kleiman
NAYS: None
ABSENT: Councilmember Erik Weigand
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 10th day of April, 2024.
Leilani I. Brown
City Clerk
Newport Beach, California
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