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HomeMy WebLinkAbout2024-64 - Finding the Residences at 1600 Dove Street 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 WaynRESOLUTION NO. 2024-64 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, FINDING THE RESIDENCES AT 1600 DOVE STREET 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 (PA2022-0297) 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 The Picerne Group ("Applicant"), with respect to the property located at 1600 Dove Street and legally described in Exhibit "A," which is attached hereto and incorporated by reference ("Property"), WHEREAS, the Applicant is requesting approval to allow the development of a multi -unit residential project consisting of up to 282 dwelling units ("Project"), which require the following approvals: • General Plan Amendment ("GPA") -A request to add 49 dwelling units above the current General Plan allowance for the Airport Area, and amend Anomaly Number 12 of the General Plan Table LU2 (Anomaly Locations) allocating 49 residential dwelling units to the Property; • Affordable Housing Implementation Plan ("AHIP") - A plan specifying how the Project would meet the City's affordable housing requirements, in exchange for a 50% increase in density including a request for three development standard waivers related to height, park dedication requirements, and overall residential density along with two development concessions related to the payment of park in -lieu fees and affordable unit mix pursuant to Chapter 20.32 (Density Bonus) of the Newport Beach Municipal Code ("NBMC") and Government Code Section 65915 et seq. ("State Density Bonus Law"), Resolution No. 2024-64 Page 2 of 8 • Development Agreement ("DA") -A development agreement, pursuant to Section 15.45.020 (Development Agreement. Required) of the NBMC, which would provide the vested right to develop the Project for a term of 10 years and provide negotiated public benefits to the City; • Traffic Study - A traffic study pursuant to Chapter 15.40 (Traffic Phasing Ordinance) of the NBMC; and • Addendum No. 9 to the 2006 General Plan Update Program Environmental Impact Report and the 2008-2014 City of Newport Beach Housing Element Update and Initial Study/Negative Declaration ("Addendum No. 9") - An addendum which addresses reasonably foreseeable environmental impacts resulting from the Project; WHEREAS, the Property is designated Mixed -Use Horizontal 2 (MU-H2) by the General Plan Land Use Element and located within the Newport Place Planned Community (PC-11) Zoning District Professional and Business Office Site 7 with a residential overlay; WHEREAS, the Property is not located within the coastal zone, therefore amending the Local Coastal Program or obtaining a coastal development permit is 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; WHEREAS, on November 14, 2023, the City Council approved Resolutions Nos. 2023-72 and 2023-73 and Ordinances Nos. 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) (6th Cycle 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 ("JWA" ); Resolution No. 2024-64 Page 3 of 8 WHEREAS, the Property is located within the 60 dBA noise contour CNEL as a shown in the updated noise contour maps adopted as part of the 6th Cycle Housing Element Implementation Noise -Related Amendments; WHEREAS, a public hearing was held by the Planning Commission on May 23, 2024, in the Council Chambers at 100 Civic Center Drive, Newport Beach, California. A notice of the time, place, and purpose of the hearing was given in accordance with Government Code Section 54950 et seq. ("Ralph M. Brown Act"), and Chapters 15.45 (Development Agreements) and 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. PC2024-008 by a majority vote (4 ayes, 1 nay) 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"); WHEREAS, on June 20, 2024, the ALUC determined (6 ayes, 0 nays) 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 JWA"; 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 ... "; Resolution No. 2024-64 Page 4 of 8 WHEREAS, the ALUC's determination is attached hereto as Exhibit "B," and incorporated herein by reference; WHEREAS, pursuant to Sections 21670 and 21676 of CPUC, the City Council may, after a public hearing, propose to overrule the ALUC with 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 July 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 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. 2024-45 by unanimous vote (5 ayes, 2 recusals) to notify the ALUC and State Department of Transportation Aeronautics Program ("Aeronautics Program") of the City's intent to override the ALUC's inconsistency finding; WHEREAS, a notice of the City's intent to override the ALUC inconsistency determination, along with Resolution No. 2024-45 was sent via certified mail and emailed to the ALUC and the Aeronautics Program on July 10, 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 "C" and "D" respectively, and incorporated herein by reference; and WHEREAS, a public hearing was held by the City Council on August 27" 2024, in the City Council Chambers located at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the public hearing was given in accordance with the Ralph M. Brown Act, Chapters 15.45 (Development Agreements) and 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. Resolution No. 2024-64 Page 5 of 8 NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows.. Section 1: The City Council finds the Project 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 JWA 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. 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 CNEL noise contour (Noise Impact Zone 2) as "Moderate Noise Impact". Section 3, Table 1 (Limitations on Land Use Due to Noise) of the AELUP identifies residential uses as "normally consistent" for the 60 dBA CNEL noise contour. The Project is located within the 60 dBA CNEL noise contour as shown on the updated noise contour maps as part of the 6th Cycle Housing Element Implementation Noise -Related Amendments and the 60 dBA CNEL noise contour as shown on the AELUP. As a result, the Project will be required to comply with the development standards set forth in Section 20.30.080(F) (Residential Use Proximate to John Wayne Airport) of the NBMC. Additionally, as part of the future Site Development Review, the Project will be 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 clearer air without the opening of windows. These conditions of approval mitigate noise issues for the Project and are consistent with the 45 dBA interior noise standards, pursuant to Section 3.2.3 of the AELUP. Resolution No. 2024-64 Page 6 of 8 B. The proposed Amendments are 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." 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 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 along with reporting results of such studies and project analyses. The FAA conducted an aeronautical study for the Project consistent with the Federal Aviation Regulations. The FAA issued a Determination of No Hazard to Air Navigation on October 24, 2023, thereby finding the development does not exceed obstruction standards and would not be a hazard to air navigation. The FAA reviewed the proposed Resolution No. 2024-64 Page 7 of 8 height of the project assuming an existing site elevation ("SE") of 54 feet, with a proposed building that is 100 feet above ground level ("AGL"), and 154 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 100-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 adjacent building at 4100 Newport Place Drive that is approximately 234 feet AMSL and the nearby building at 4545 MacArthur (Hyatt Regency) that is approximately 225 feet AMSL. Section 2: Environmental Impact Report Addendum No. 9 was prepared for the Project in compliance with CEQA set forth in California Public Resources Code Section 21000 et seq.; CEQA's implementing regulations set forth in California Code of Regulations ("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 2008-2014 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 2008-2014 City of Newport Beach Housing Element Update 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 either the PEIR, 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. Resolution No. 2024-64 Page 8of8 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. 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 27th day of August, 2024. ATTEST: 404,. Leilani I' :. City Clerk APPROVED AS TO FORM: CITY TTORNEY'S OFFICE AaWUi C. Harp City Attorney ro k;:1-/-1;:0a© Will O'Neill Mayor Attachments: Exhibit A — Legal Description Exhibit B — Orange County Airport Land Use Commission Inconsistency Determination dated June 25, 2024 Exhibit C — Comment Letter from Orange County Airport Land Use Commission dated August 8, 2024 Exhibit D — Comment Letter from California Department of Transportation, Aeronautics Program dated August 7, 2024 Exhibit "A" Legal Description THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF NEWPORT BEACH, IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: LOT 3 OF TRACT NO. 7770, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 299, PAGES 15 AND 16 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA. EXCEPTING THEREFROM THE FULL RIGHTS AND ALL MINERALS, PETROLEUM, GAS AND OTHER HYDROCARBON SUBSTANCES EXISTING BELOW 500 FEET FROM THE SURFACE OF SAID REAL PROPERTY DESCRIBED ABOVE; PROVIDED, HOWEVER, THAT GRANTOR HEREBY EXPRESSLY WAIVES THE RIGHT TO ENTER UPON THE SURFACE OF SAID REAL PROPERTY OR THE PURPOSE OF EXPLORING FOR, OR PRODUCING THE MINERALS, PETROLEUM, GAS AND OTHER HYDROCARBON SUBSTANCES AS RESERVED BY DEED RECORDED IN BOOK 10328, PAGE 506 OF OFFICIAL RECORDS. Exhibit "B" Orange County Airport Land Use Commission Inconsistency Determination dated June 25, 2024 ORANGE I COUNTY June 25, 2024 AIRPORT LAND USE COMMISSION FOR ORANGE COUNTY 3160 Airway Avenue • Costa Mesa, California 92626 - 949.252.5170 fax: 949.252.6012 Liz Westmoreland, Senior Planner City of Newport Beach Community Development 100 Civic Center Drive Newport Beach, CA 92660 Subject: ALUC Determination for the Residences at 1600 Dove Street - City of Newport Beach General Plan (Land Use) Amendment Dear Ms. Westmoreland: During the public meeting held on June 20, 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 (Bresnahan, Monin, Murphy, Beverburg, Sustarsic, Klema), the Commission found the Residences at 1600 Dove Street - City of Newport Beach General Plan (Land Use) Amendment to be Inconsistent with the Airport Environs Land Use Plan, for John Wayne Airport (AELUP 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 ifitcli@ocair.com if you have any questions regarding this proceeding. Sincerely, Julie Fitch Executive Officer cc: ALUC Exhibit "C" Comment Letter from Orange County Airport Land Use Commission dated August 8, 2024 ORANGE COUNTY AIRPORT LAND USE COMMISSION FOR ORANGE COUNTY �1LUC. 3160 Airway Avenue • Costa Mesa, California 92626 e 949.252.5170 fax: 949.252.6012 August 8, 2024 Liz Westmoreland, Senior Planner Conununity 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 Residences at 1600 Dove Street Dear Ms. Westmoreland, We are in receipt of the City of Newport Beach (City) letter dated July 10, 2024, and City Council Resolution No. 2024-45 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 1600 Dove Street Residences'. In accordance with Section 21676 of the Public UtilitiesCode, the ALUC submits the following comments addressing the` proposed overrule findings for the above - referenced project. These comments shall be included in the public record of a final decision to override 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, 216765, 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 June 20, 2024, the ALUC for Orange County found the proposed Residences at 1600 Dove Street to be inconsistent with the Airport Environs Land Use Plan (AELUP) fof. John Wayne Airport (JWA) 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 susceptible to aircraft accidents, and to ensure that no structures or activities adversely affect navigable airspace. t600 Dove Sheet Residences August 8,2024 Page 2 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 increase the maximum height and density of residential uses within the 60 dBA Community Noise Equivalent Levels (CNEL), and within Safety Zone 6. This 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. 2024-45, Response to Findinu and Fact in SuUnort A - Reaardina Noise Standards: Finding of Fact A correctly states that the CNEL standards are set forth in the AELUP and that the AELUP identifies residential uses as " normally consistent" for the 60 dBA CNEL noise contour. The ALUC appreciates that, "as part of the future Site Development Review, the Project will be 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." However, Section 2.1.1 of the AELUP states "... aircraft noise emanating from airports may be incompatible with the general welfare of the inhabitants within the vicinity of an airport," and the ALUC believes that increasing the intensity and height of residential uses in the proposed location would subject future residents to excessive noise, Response to Fact in Support B - Regarding Safetyl Pursuant to AELUP Section 2.1.2, "[saafety 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 adjacent to the proposed project site. Considering the proposed density, increased height, and 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 AELUP for JWA Sections 1.2 "Purpose and Scope" and 2.0 "Planning 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 careful consideration of all inforination provided, and input from ALUC t600 Dove Street Residences August 8, 2024 Page 3 members with expertise in aviation, the ALUC unanimously found the proposed 1600 Dove Street Residences to be inconsistent with the AELUP for JWA. We urge the City Council to take ALUC's concerns into consideration in its deliberations prior to deciding whether to overrule ALUC. Thatulc you for the opportunity to provide these comments. Sincerely, Gerald Bresnahan Gerald Bresnahan Chairman cc: Airport Land Use Commission for Orange County Jonathan Huff, Caltrans/Division of Aeronautics Signature: ` Geraldel-all (Aug �G'z lahak ) Exhibit "D" Comment Letter from California Department of Transportation, Aeronautics Program dated August 7, 2024 CALIFORNIA STATE TRANSPORTATION AGENCY GAVIN NEWSOM, GOVERNOR California Department of Transportation ya:' >y� DIVISION OF AERONAUTICS v� P.O. BOX 942873, MS-40 SACRAMENTO, CA 94273-0001 (916) 654-4959 www.dot.ca.aov August 7, 2024 Liz Westmoreland, Senior Planner Electronically Sent City of Newport Beach<Iwestmoreland@newportbeachca.gov> Community Development Department 100 Civic Center Drive Newport Beach, CA 92660-3267 Dear Ms. Westmoreland: California Department of Transportation (Caltrans) Division of Aeronautics (Division) thanks the City of Newport Beach (City) for providing the Notice of Intent, dated July 10, 2024, to overrule a determination of the Orange County Airport Land Use Commission (ALUC). The ALUC has reported that the Residences at 1600 Dove Street Project (Project) is inconsistent with the Airport Environs Land Use Plan (AELUP) for the John Wayne Airport (JWA). The Notice of Intent concerns the City's Resolution (No.) 2024-45 (Resolution), and specific "Facts in Support" related to the AELUP. In advance of a public hearing on the Resolution to consider overruling the ALUC's determination, the Division is providing the following comments pursuant to California Public Utilities Code (PUC) Section 21676. The Division supports the position of the ALUC in noting that the City has provided insufficient support for an overrule. The ALUC has noted the following reasons this Project update is incompatible with the AELUP: 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." 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." Section 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 ... " The Division notes that the intent of the California Airport Lane Use Planning Handbook (Handbook) guidance aims to ensure the safety of both the aviation community and the community members surrounding an airport. Within this framework, the ALUC has determined that the City has inadequately addressed the safety concerns related to the proposed significant increase of housing density within airport safety zones. "Provide a safe and reliable transportation network that serves all people and respects the environment" Liz Westmoreland, Senior Planner August 7, 2024 Page 2 The Division notes of the 282 proposed units on the 2.49 acre parcel, all are within the 60 CNEL noise contour. While this is nominally allowed by the AELUP, the Division strongly recommends that the Lead Agency or authority having jurisdiction require developers to adequately design structures to ensure interior noise levels below 45 dB and to hold final permitting until the developer can demonstrate adequate interior noise attenuation. Separate from interior noise reduction is exterior noise, which cannot be mitigated, and must be addressed through avigation easements to ensure that airport operations are not adversely impacted by noise complaints from new residents. The Division concurs with the ALUC's determination that the Housing Element Implementation Program Amendments Project is inconsistent with the Airport Environs Land Use Plan for John Wayne Airport. This conclusion is based on insufficient findings by the City and the safety concerns for public health and welfare posed by allowing housing in incompatible safety zones and noise contours. The Division also notes that this is the seventh proposed overrule since 2020 for a component of a larger redevelopment development program in Newport Beach. This ongoing pattern of overrules raises concerns about the cumulative impact on safety. Each overrule potentially compromises the safety of both aviation users at John Wayne Airport (JWA) and the new residents of Newport Beach, by allowing developments that may not fully account for the necessary safety and noise considerations. In addition, 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. Please note: These comments are to be included in the public record of any decision to overrule the ALUC. If you have questions or if we may be of further assistance, please contact me by email at jonathan.huff@dot.ca.gov or call (916) 879-6528. Sincerely, Originally signed by Jonathan Huff Associate Transportation Planner Caltrans Aeronautics c: Julie Fitch, Executive Officer, Orange County Airport Land Use Commission <JFitch@ocair.com>; Matthew Friedman, Chief of Aviation Planning, Caltrans Aeronautics <matthew.friedman@dot.ca.gov> "Provide a safe and reliable transportation network that serves all people and respects the environment" 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. 2024-64 was duly introduced before and adopted by the City Council of said City at a regular meeting of said Council held on the 27th day of August, 2024; and the same was so passed and adopted by the following vote, to wit: AYES: Councilmember Brad Avery, Councilmember Noah Blom, Councilmember Robyn Grant, Councilmember Lauren Kleiman, Councilmember Erik Weigand NAYS: None RECUSED: Mayor Will O'Neill, Mayor Pro Tem Joe Stapleton IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 281h day of August, 2024. dibil- Leilani I. Brown City Clerk 4E.Ra