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HomeMy WebLinkAbout07-06 - Overrule the OC Airport Land Use Commission's DeterminationRESOLUTION NO. 07-6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, TO OVERRULE 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 Saki oka/Stockbrid ge/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, the proposed North Costa Mesa High Rise Residential projects include the following building height limits for the master plans and overall Specific Plan areas as shown in Table 1: Table 1 HEIGHT LIMITS Project Site Master Plan Specific Plan Building Height Height Limits Limit Segerstrom Town Center 308' AMSL 315' AGL buildings (Site 1) 271'-275' AGL 3400 and 3420 Bristol Street Orange County Museum of Art 306' AMSL 315' AGL (Site 2) 275' AGL 605 Town Center Drive The Californian at Town Center 306' AMSL 280' AGL (Site 3) 271' AGL 580 Anton Boulevard Symphony Towers (Site 4) 306'& 206' AMSL 306' AGL 585 Anton Boulevard 272'& 172' AGL Pacific Arts Plaza (Site 5) 320' AMSL 315' AGL 675 Anton Boulevard 287' AGL WHEREAS, California 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, at a duly -noticed public hearing on November 21, 2006, the Costa Mesa City Council took action by a 5-0 to notify the ALUC of the Council's intent to overrule the ALUC's Determination of Inconsistency for the proposed North Costa Mesa High -Rise Residential projects by adoption of Resolution No. 06-93. WHEREAS, pursuant to California Public Utilities Code Section 21676, the City provided 45 -day advance notice to the Department of Transportation Division of Aeronautics and the ALUC of the Council's intent to overrule the ALUC Determination in a letter dated November 27, 2006; WHEREAS, on December 15, 2006, Chairman Gerald Bresnahan on behalf of the ALUC sent a comment letter to the City within the State mandated 30 -day period to receive comments. This letter provided additional comments and information related to the ALUC Determination of inconsistency; WHEREAS, on December 29, 2006, Chris Ferrell of the California Department of Transportation (Caltrans) Division of Aeronautics sent a comment letter to the City 2 within the State mandated 30 -day period to receive comments. The Caltrans Division of Aeronautics' letter described the agency's responsibility to examine the Council's findings for the overrule action and to make a determination of consistency of those findings with the purposes of the statute as set forth in Public Utilities Code Section 21670; WHEREAS, Caltrans Division of Aeronautics determined that the City Council's proposed overrule findings adequately met the criteria of Public Utilities Code Section 21670; WHEREAS, the City Council considered the ALUC's and Department of Transportation's Division of Aeronautics' comment letters in their entirety prior to rendering a final decision to overrule the ALUC Determination, and these letters are included in the City Council staff report of January 16, 2007 and are retained as part of the final administrative record; NOW, THEREFORE, the Costa Mesa City Council DOES HEREBY RESOLVE to overrule the ALUC Determination 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. BE IT FURTHER RESOLVED that the City Council DOES HEREBY ADOPT the required findings in support of the City's overrule of the ALUC Determination, as shown in Exhibit "A", FINDINGS. PASSED AND ADOPTED this 16th day of January, 2007. ATTEST: Ju, City Clerk Allan R. Mansoor, Mayor APPROVED AS TO FORM: Kimberly Hall Barlow, City Attorney 3 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 the above and foregoing is the original of Resolution No. 07-6 and was duly passed and adopted by the City Council of the City of Costa Mesa at a regular meeting held on the 16th day of January, 2007, by the following roll call vote, to wit: AYES: COUNCIL MEMBERS: MANSOOR, BEVER, DIXON, FOLEY, LEECE 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 17th day of January, 2007. (SEAL,) "�i� 4�-el JUI E FOLCIK, CITY CLERK 2 EXHIBIT "A" 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 Building 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 5 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, indicated that there is a basis for finding the proposed projects as conditionally consistent with the JWA AELUP. The ALUC staff report indicated that "ALUC staff has reviewed this project with respect to compliance with the JWA AELUP, including review of noise, height restrictions, imaginary surfaces, flight track information and environmental compliance. Based upon staff's review of the North Costa Mesa High -Rise Residential Projects, including review of the FAA Determinations of No Hazard and review of past Consistency actions by the ALUC for projects in this area, there is a basis for finding the currently proposed projects, at the reduced maximum building heights, conditionally consistent with the Commission's JWA 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. 2T60 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." The Council acknowledges that 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. However, the Council considered the FAA No Hazard Determination that the proposed buildings would not present a hazard to air navigation. In addition, Alan Murphy, Airport Director of John Wayne Airport, submitted a letter dated November 9, 2006 which expressed support that the Commission seriously consider a finding of Consistency for the proposed projects. Therefore, the City Council finds the ALUC's belief that the proposed projects would increase public exposure to safety hazards was not based on substantial evidence that 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 dB 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. 7 C. The Council considered Chairman Gerald Bresnahan's letter on behalf of the ALUC, dated December 15, 2006, in its entirety prior to rendering the final overrule decision. This letter provided additional comments, justifications, and information related to the ALUC Determination of inconsistency. As recommended in the ALUC's comment letter, Council has included a condition of approval requiring a buyer's notice of an airport in the vicinity of the proposed projects. However, the City Council finds that there was no substantial evidence presented in the ALUC comment letter or by or to the ALUC at its hearing(s) to support the ALUC's Determination of inconsistency as related to the above standard regarding criteria or aeronautical study. D. 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. E. The Council considered the California Department of Transportation Division of Aeronautics comment letter, dated December 29, 2006, in its entirety prior to rendering the final overrule decision. The Caltrans Division of Aeronautics must find and determine that the overrule findings are in accordance with State law. Specifically, the Caltrans Division of Aeronautics must determine that the findings show evidence that the the city is minimizing the public's exposure to excessive noise and safety hazards within areas around public airports. In summary, Caltrans Division of Aeronautics concluded that the proposed overrule findings "adequately meet the criteria of Public Utilities Code Section 21670." Therefore, Caltrans Division of Aeronautics has determined that the City is in compliance with State law in its action to overrule the ALUC Determination, and the Council findings show evidence that the City of Costa Mesa is minimizing the public's exposure to excessive noise and safety hazards within the North Costa Mesa area around John Wayne Airport . Furthermore, as recommended by the Caltrans Division of Aeronautics letter, Council has conditioned the proposed projects to comply with conditions of the FAA No Hazard Determinations. F. 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 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. As acknowledged in the December 15, 2006 comment letter from the ALUC, the criteria in Section 2.2.1 E�3 would likely not be met for the proposed projects only "if other buildings were not present." Other buildings are present in the area in question which are as high or higher than those proposed in the projects. Thus, the criteria are met. Moreover, the ALUC's determination was apparently based on the speculative basis that that FAA could in the future modify the traffic pattern around the airport because of the project buildings. However, no such modification has occurred, and the FAA has not announced the intention to make such modification(s). This speculation cannot provide the basis for a determination of non-compliance. G. 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. H. Alan Murphy, Airport Director of John Wayne Airport, submitted a letter dated November 9, 2006 to the Orange County ALUC. The letter indicated that the City of Costa Mesa and JWA have reached agreement with respect to a general form for a Grant of Avigation Easement that will be dedicated to the County of Orange as proprietor of JWA, in connection with project approvals by the City. The letter also expressed support that the ALUC would seriously consider a finding of Consistency for the North Costa Mesa High Rise Residential projects. The City Council has imposed the recommended conditions of approval as suggested in the JWA Airport Director's letter of November 9, 2006, with the exception of a condition requiring that the City refer revised projects which request additional building height to the ALUC for review. Given the ALUC's finding of inconsistency for the currently proposed buildings, the City shall not impose this condition requiring future ALUC referral; however, the City shall continue to refer projects involving General Plan and Specific Plan amendments to the ALUC for review, as required by the JWA AELUP. Therefore, future revisions in building height that do not exceed the North Costa Mesa Specific Plan limits (as shown in Table B below), that do not require a General Plan amendment, and that are submitted with a valid/current FAA No Hazard Determination, shall not require ALUC referral. R Table B NORTH COSTA MESA SPECIFIC PLAN HEIGHT LIMITS Project Site Specific Plan Height Limit Segerstrom Town Center buildings (Site 1) 315' AGL 3400 and 3420 Bristol Street Orange County Museum of Art (Site 2) 315' AGL 605 Town Center Drive The Californian at Town CenteSit r ( e 3) 280' AGL 580 Anton Boulevard Symphony Towers (Site 4) 306' AGL 585 Anton Boulevard Pacific Arts Plaza (Site 5) 315' AGL 675 Anton Boulevard IC