HomeMy WebLinkAbout06-93 - Proposed High-Rise Residential Projects/2002 John Wayne Airport Environs Land Use PlanRESOLUTION NO. 06-93
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF COSTA MESA, CALIFORNIA, NOTIFYING THE
AIRPORT LAND USE COMMISSION OF THE CITY'S
INTENTION TO ADOPT PROPOSED FINDINGS AND
ACTION TO OVERRIDE THE ORANGE COUNTY
AIRPORT LAND USE COMMISSION'S
DETERMINATION THAT THE PROPOSED NORTH
COSTA MESA HIGH-RISE RESIDENTIAL PROJECTS
(INCLUDING GENERAL PLAN AMENDMENT AND
SPECIFIC PLAN AMENDMENT) ARE INCONSISTENT
WITH THE 2002 JOHN WAYNE AIRPORT ENVIRONS
LAND USE PLAN.
WHEREAS, the City Council of the City of Costa Mesa adopted the 2000
General Plan on January 22, 2002;
WHEREAS, the Planning Commission of the City of Costa Mesa adopted the
North Costa Mesa Specific Plan by Resolution No. 94-67 in July 1994;
WHEREAS, by its very nature, the General Plan and North Costa Mesa Specific
Plan need to be updated and refined to account for current and future community
needs;
WHEREAS, the proposed North Costa Mesa High Rise Residential projects
analyzed in Final Program EIR Number 1052 involve the construction of high-rise
residential buildings by five different developers at the following development sites: (a)
3400/3420 Bristol Street (Site 1 — Segerstrom Town Center by South Coast Plaza
Partners); (b) 605 Town Center Drive (Site 2 — Orange County Museum of Art by
Orange County Performing Arts Center); (c) 580 Anton Boulevard (Site 3 — The
Californian at Town Center by Fifield Properties); (d) 585 Anton Boulevard (Site 4 —
Symphony Towers by Sakioka/Stockbridge/South Coast/AMS Craig); and (e) 675 Anton
Boulevard (Site 5 — Pacific Arts Plaza by Maguire Properties);
WHEREAS, the proposed North Costa Mesa High Rise Residential projects
include the following discretionary approvals: (a) General Plan Amendment GP -06-02,
(b) Zoning Code Amendment CO -06-05; (c) North Costa Mesa Specific Plan
Amendment SP -06-02, (d) Preliminary Master Plan PA -05-53 for Segerstrom Town
Center, (e) Preliminary Master Plan PA -05-52 for Orange County Museum of Art, (f)
Preliminary Master Plan PA -05-47 for Symphony Towers, (g) Preliminary Master Plan
PA -05-50 for Pacific Arts Plaza, (h) Final Master Plan PA-05-45/Vesting Map VT -17017
for The Californian at Town Center;
WHEREAS, Public Utilities Code Section 21676(b) requires the City of Costa
Mesa to refer the proposed project to the Orange County Airport Land Use Commission
(ALUC) for consistency with the Airport Environs Land Use Plan;
WHEREAS, at a duly -noticed public hearing on November 16, 2006, the ALUC
found the proposed project to be inconsistent with the AELUP on a 4-2 vote;
WHEREAS, pursuant to Public Utilities Code Sections 21670 and 21676, the City
of Costa Mesa may, after a public hearing, propose to overrule the ALUC by a four-fifths
vote of the City Council, if the City of Costa Mesa makes specific findings that the
proposed project is consistent with the purposes of Section 21670;
WHEREAS the Costa Mesa City Council intends to override any Determination of
Inconsistency for the proposed North Costa Mesa High -Rise Residential projects by the
Orange County Airport Land Use Commission;
NOW, THEREFORE, the Costa Mesa City Council DOES HEREBY RESOLVE
as follows: The City Council directs staff to forward a letter to the Airport Land Use
Commission and Caltrans Department of Transportation, Division of Aeronautics
indicating the City of Costa Mesa's intent to override any determination of the ALUC that
the proposed North Costa Mesa High -Rise Residential projects (inclusive of General
Plan Amendment GP -06-02 and North Costa Mesa Specific Plan Amendment SP -06-
02) are inconsistent with the 2002 John Wayne Airport Environs Land Use Plan. The
letter shall include the proposed findings in support of the City's intended action as
shown in Exhibit "A", FINDINGS.
PASSED AND ADOPTED this 21St day of November, 2006.
ATTEST:
�4� -
J�flie Folcik, C ty Clerk
Allan R. Mansoor, Mayor
APPROVED AS TO FORM:
Kimberly Hall Barlow, City Attorney
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
I, JULIE FOLCIK, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY
that foregoing is the original of Resolution No. 06-93 and was duly passed and adopted
by the City Council of the City of Costa Mesa at a regular meeting held on the 21St day
of November, 2006, by the following roll call vote, to wit:
AYES: COUNCIL MEMBERS: MANSOOR, BEVER, DIXON, FOLEY, MONAHAN
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the
City of Costa Mesa this 22"6 day of November, 2006.
(SEAL)
JAit
,CITY
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WI:RI
FINDINGS
The Costa Mesa City Council makes the following findings as stated in Section 21670
and required by Section 21676 of the Public Utilities Code as follows:
A. Section 2.1.3 of the John Wayne Airport Environs Land Use Plan (AELUP)
indicates that the Airport Land Use Commission recognizes the Federal Aviation
Administration (FAA) as the single "Authority" for analyzing project impact on
airport or aeronautical operations, or navigational -aid siting, including
interference with navigational -aids or published flight paths and procedures. The
AELUP also indicates that the Commission considers the FAA as the "Authority"
for reporting results of such studies and project analyses. The FAA No Hazard
Determinations are described in Table A.
Table A
FAA NO HAZARD DETERMINATIONS
Project Site
Height Limit
Segerstrom Town Center buildings (Site 1)
308' AMSL
3400 and 3420 Bristol Street
271'-275' AGL
Orange County Museum of Art (Site 2)
306' AMSL
605 Town Center Drive
275' AGL
The Californian at Town Center (Site 3)
306' AMSL
580 Anton Boulevard
271' AGL
Symphony Towers (Site 4)
306'& 206' AMSL
585 Anton Boulevard
272' & 172' AGL
Pacific Arts Plaza (Site 5)
320' AMSL
675 Anton Boulevard
287' AGL
B. 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 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 ALUC adopted the 2002 Airport Environs
Land Use Plan (AELUP) on December 19, 2002. AELUP Section 2.2.1 sets
standards and criteria based on the continuing operation of John Wayne
Airport as a commercial and general aviation airport. The AELUP standards
guide development proposals to best provide for orderly development of the
airport and the area surrounding the airport through implementation of the
standards in Section 2.2.1 for CNEL CONTOURS, ACCIDENT POTENTIAL
El
ZONES/RUNWAY PROTECTION ZONES AND BUILDING HEIGHT
RESTRICTIONS.
The ALUC staff report dated November 16, 2006, and prepared for the ALUC
during its review of the proposed application included discussion of the
AELUP standards and finds that the proposed North Costa Mesa High -Rise
Residential projects, at modified building heights pursuant to the Federal
Aviation Administration's No Hazard Determinations and subject to
conditions, would be technically consistent with the John Wayne AELUP. The
projects' compliance with Section 2.2.1 is established as follows:
CNEL CONTOURS —The North Costa Mesa High -Rise Residential
projects are outside the AELUP's Noise Impact Zone No. 1 (65 dB
CNEL) and No. 2 (60 dB CNEL) noise contours, however the City
project approval requires that the applicant meet City noise
standards, which are consistent with the sound attenuation level of
45 dB CNEL included in the AELUP Section 3.3.6.
ACCIDENT POTENTIAL ZONES/RUNWAY PROTECTION ZONES
— The North Costa Mesa High -Rise Residential projects are
outside of John Wayne Airport (JWA) Runway Protection Zones as
depicted in Appendix D of the AELUP; the ALUC has not adopted
any Accident Potential Zones for this airport because none could be
justified with the available data.
BUILDING HEIGHT RESTRICTIONS — As evidenced by a Federal
Aviation Administration (FAA) Determination of "No Hazard to
Navigation" issued for each of the proposed projects, the North
Costa Mesa High -Rise Residential projects do not represent a
hazard to air navigation. The FAA No Hazard Determinations
modified the building heights as follows: (a) Maximum 308' above
mean sea level for both Segerstrom Town Center buildings at
3400/3420 Bristol Street; (b) Maximum 306' above mean sea level
for Orange County Museum of Art building at 605 Town Center; (c)
Maximum 306' above mean sea level for The Californian at Town
Center at 580 Anton Blvd.; (d) Maximum 306' and 206' above mean
sea level for Symphony Towers at 585 Anton Blvd; (e) Maximum
320' above mean sea level for Pacific Arts Plaza at 675 Anton Blvd.
Section 2.2.1 also allows the ALUC to "consider utilization of criteria for
protecting aircraft traffic patterns at the airport which may differ from those
contained in FAR Part 77, should evidence of health, welfare, or air safety
surface sufficient to justify such action." The ALUC "will utilize the results of an
Aeronautical Study, conducted by the FAA pursuant to FAR Part 77.13, in order
to determine if a structure will have an adverse effect on the airport or on
aeronautical operations."
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There was no evidence presented by or to the ALUC at its hearing(s) to support
its finding as related to the above standard regarding criteria or an aeronautical
study. The letter dated November 17, 2006, written to the City reporting the
ALUC action on that date states only, "The Commission may utilize criteria for
protecting 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." No such evidence was introduced,
commented on, or identified in support of the incompatibility finding.
(2) The City of Costa Mesa requires that all development proposals meet the
City's noise standards of 45 d6 CNEL for the interior of residential uses, which is
consistent with the standards established to promote the overall goals and
objectives of the California airport noise standards. A condition has been placed
on the project to demonstrate compliance with the City's noise standards before
the City will issue each building permit for the project. Through implementation
of the City's noise standards, the project meets the AELUP standards for
California airport noise standards.
(3) The standards established in Section 2.2.1 of the AELUP were adopted to
prevent the creation of new noise and safety problems. The proposed project
complies with the standards established in Section 2.2.1 of the AELUP through
compliance with the noise criteria for CNEL noise contours, and the proposed
project is outside the 60 dB CNEL noise contour and accident potential
zones/runway protection zones. The FAA has completed its review of the
proposed buildings which are penetrating the Part 77 horizontal imaginary
surface of 206' above mean sea level, and the FAA has determined the proposed
buildings do not represent a hazard to air navigation. Section 2.2.1 of the
AELUP also states that the ALUC has not adopted any Accident Potential Zones
for this airport because none could be justified with the available data. By
requiring project adherence to the established standards in the AELUP, the City
has taken measures to assure risks to people and property on the ground, and to
the occupants of aircraft, are held to a minimum.
C. It is the purpose of Chapter 3.5 of the State Aeronautics Act to (1) protect public
health, safety, and welfare by ensuring the orderly expansion of airports and the
(2) 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.
D. The Airport Environs Land Use Plan (AELUP) is based on the continuing
operation of John Wayne Airport as a commercial and general aviation airport
facility. The ALUC's authority to formulate land use plans is embodied in the
John Wayne AELUP, which includes criteria in Section 2.2.1 to protect the public
health, safety, and welfare by ensuring the orderly expansion of airports. The
proposed North Costa Mesa High -Rise Residential projects, including General
n.
Plan Amendment and North Costa Mesa Specific Plan Amendment, meet the
criteria set forth in the AELUP Section 2.2.1 as the standards and criteria for
development in the airport environs area. Thus, the proposed projects provide a
development plan for property that will protect the public health, safety, and
welfare and ensure the orderly expansion of the airport.
E. The standards and criteria established in Section 2.2.1 of the AELUP are
adopted by the ALUC to minimize the public's exposure to excessive noise and
safety hazards. The proposed project is consistent with the standards and
criteria established in Section 2.2.1 of the AELUP. By meeting the criteria in
Section 2.2.1 of the AELUP including criteria for noise, runway protection zones
and building height restrictions, the proposed development will minimize the
public's exposure to excessive noise and safety hazards within areas around
public airports through subjection of the projects to conditions identified by the
ALUC. The conditions require sound attenuation of noise impacts to meet City
and California airport minimum standards, obstruction lighting and marking
consistent with the FAA Advisory Circular 70/7460-1, "Notice of Airport in vicinity"
to future occupants, outdoor signage depicting the presence of operating aircraft
in community areas of the project, and the requirement to obtain an
encroachment permit for the construction activities.
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