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HomeMy WebLinkAbout17 - CC-8 - Grant of Avigation Easement for Bridge - 7/20/20211 CITY COUNCIL AGENDA REPORT MEETING DATE: JULY 20, 2021 ITEM NUMBER: CC-8 SUBJECT: GRANT OF AVIGATION EASEMENT FOR BRIDGE SHELTER AT 3175 AIRWAY AVENUE DATE: JUNE 24, 2021 FROM: ECONOMIC AND DEVELOPMENT SERVICES DEPARTMENT/PLANNING DIVISION PRESENTATION BY: WILLA BOUWENS-KILLEEN, ZONING ADMINISTRATOR FOR FURTHER INFORMATION CONTACT: WILLA BOUWENS-KILLEEN willa.bouwens-killeen@costamesaca.gov RECOMMENDATION: Staff recommends the City Council: 1. Approve the Grant of Avigation Easement. 2. Authorize the City Manager or her designee to sign the final document on the City’s behalf. BACKGROUND: On September 17, 2019, City Council gave second reading of Code Amendment CO-19-01 to amend the citywide Land Use Matrix to allow emergency shelters to be located in the Industrial Park (MP) zone. Additionally, CO-19-01 amended the emergency shelters development standards contained in the Chapter IX (Special Land Use Regulations) of Title 13 of the Costa Mesa Municipal Code; included was the adoption of an Initial Study/Mitigated Negative Declaration for the City’s Bridge Shelter at 3175 Airway Avenue. September 17, 2019 City Council Staff Report: http://ftp.costamesaca.gov/costamesaca/council/agenda/2019/2019-09-17/CC-5.pdf September 17, 2019 City Council meeting video: http://costamesa.granicus.com/player/clip/3451?view_id=10&redirect=true September 17, 2019 City Council meeting minutes: https://www.costamesaca.gov/home/showpublisheddocument/44005/6372910408423700 00 2 Because of the location of the Bridge Shelter in proximity to John Wayne Airport, the proposed code amendment was required to be presented to the Airport Land Use Commission (ALUC) for its determination as to the project’s consistency with the John Wayne Airport Environs Land Use Plan (AELUP); this review is required by Public Utilities Code section 21676. The ALUC considered the project at its regular meeting on August 15, 2019 and voted 5 to 2 to find the project consistent with the AELUP for John Wayne Airport. The ALUC determination included three conditions: one required the recordation of an Avigation Easement in favor of airport operations (airport noise and flights of aircraft over the property) to ensure the airport will not be negatively impacted by a use which may include some sensitive receptors (i.e. people sleeping at the Bridge Shelter), albeit for a limited duration of stay. The two remaining conditions required submittal of a post-construction noise study as well as an agreement that other CUPs for shelters in the MP zone would be required to be submitted to the ALUC for review. These conditions are described in the ALUC staff report and meeting minutes of August 15, 2019 (links below):  Airport Land Use Commission for Orange County, August 15, 2019 Regular Meeting Agenda (ocair.com)  August 15, 2019 - ALUC Meeting Minutes (ocair.com) Staff is in the process of having the post-construction noise study prepared and any future CUPs for shelters in the area under the purview of the ALUC will be forwarded for their review. As the Avigation Easement would be recorded on a City-owned property, City Council approval of the easement is required. ANALYSIS: The City Attorney’s office, in conjunction with the Development Services Department and representatives of the County of Orange/John Wayne Airport, prepared the proposed Grant of Avigation Easement which, as required by the ALUC, to protect John Wayne Airport from any negative effects due to use of the City’s new Bridge Shelter. The Avigation Easement (commonly known as an air, flight or noise easement) grants the County airport the perpetual right to use the airspace above the shelter property without liability for aircraft and airport operations including navigation, aircraft sound and noise, and other effects of airport operations. The Avigation Easement is proposed to run with the land unless and until an emergency shelter is no longer operated at this property. The draft Avigation Easement has been approved on behalf of the County by the County Counsel’s Office. Once the City Council approves the Avigation Easement, and it is signed by the City Manager or her designee, it will be recorded with the County and will thereafter run with the land until the property ceases to be utilized as an emergency shelter (or other noise sensitive use) and the Easement is terminated. 3 ENVIRONMENTAL DETERMINATION: The project has been reviewed for compliance with the California Environmental Quality Act (CEQA), the CEQA guidelines, and the City’s environmental procedures, and has been found to be exempt pursuant to CEQA Guidelines Section 15061(b)(3) (general rule), in that it can be seen with certainty that there is no possibility that the proposed Avigation Easement will have a significant effect on the environment, as this document serves only to protect certain rights of the airport; it does not permit any type of construction at the subject property. ALTERNATIVES CONSIDERED: 1. Approve the Avigation Easement with modification. The City Council may suggest specific changes that are necessary to alleviate concerns regarding the proposed easement. If the requested changes are material, the item should be continued to a future meeting to allow for additional analysis and discussion with the County of Orange. FISCAL REVIEW: There are no costs associated with the proposed Avigation Easement. LEGAL REVIEW: This report and the Avigation Easement have been reviewed and approved as to form by the City Attorney’s Office. PUBLIC NOTICE: Public notice, with the exception of inclusion within the City Council agenda, is not required for this request. CITY COUNCIL GOALS & PRIORITIES: Diversify, stabilize and increase housing to reflect community needs. CONCLUSION: Approval by City Council of the Avigation Easement and directing the City Manager or her designee to complete the processing of the easement will allow the City to satisfy one of the conditions of the Airport Land Use Commission that was included as part of their finding of conformity for the City’s Bridge Shelter located at 3175 Airway Avenue. ________________________________ _________________________________ WILLA BOUWENS-KILLEEN, AICP JENNIFER LE Zoning Administrator Director of Economic and Development Services 4 ________________________________ _________________________________ CAROL MOLINA KIMBERLY HALL BARLOW Finance Director City Attorney Attachment: 1. Grant of Avigation Easement