Loading...
HomeMy WebLinkAbout55A - GENERAL PLANREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 16, 2020 TITLE: IF STAFF REPORTS THAT THE ORANGE COUNTY AIRPORT LAND USE COMMISSION HAS FOUND THE PROPOSED COMPREHENSIVE UPDATE TO THE GENERAL PLAN IS NOT CONSISTENT WITH THE 2008 AIRPORT ENVIRONS LAND USE PLAN FOR JOHN WAYNE AIRPORT, STAFF RECOMMENDS THAT THE CITY COUNCIL AUTHORIZE THE PLANNING DIVISION TO PROVIDE THE AIRPORT LAND USE COMMISSION AND THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION DIVISION OF AERONAUTICS A NOTICE OF INTENT OF THE POTENTIAL FOR THE CITY COUNCIL TO OVERRULE THE DETERMINATION OF THE COMMISSION /s/ Kristine Ridge CITY MANAGER CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 1"Reading ❑ Ordinance on god Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER RECOMMENDED ACTION Adopt a resolution authorizing the Planning Division to provide the Orange County Airport Land Use Commission (ALUC) and the State of California Department of Transportation Division of Aeronautics a notice of intent of the potential for the City Council to overrule the determination of the Commission regarding the proposed Comprehensive Update to the General Plan. BACKGROUND AND DISCUSSION The Planning Division is finalizing work on General Plan Amendment No. 2020-06 (GPA No. 2020- 06) for the comprehensive update to the City's General Plan. Eleven of the 12 elements of the General Plan have been completed and released for public review. The Housing Element will be separately updated in 2021 awaiting the final housing allocation by the State. Additionally, the draft program environmental impact report (PEIR) for the project has also been released for public review, with the comment period extended by 20 days to October 6, 2020, to provide additional time for the public to provide comments on the document. Since the comprehensive General Plan Update requires a General Plan amendment application, the General Plan Update is required to be referred to the ALUC for a determination of consistency with the Airport Environs Land Use Plan (AELUP) for the John Wayne Airport pursuant to Public Utility Code Section 21676(b). Sections 1.2 and 2.1.4 of the AELUP for John Wayne Airport and Public Utilities Code (PUC) Section 21674 empower the ALUC "to assist local agencies in ensuring compatible land uses in the vicinity of existing airports to the extent that the land in the vicinity of those airports is not already devoted to incompatible uses," and "to coordinate planning at the state, regional and local levels so as to provide for the orderly development of air transportation, while at the same time protecting the public health, safety and welfare." However, the input from ALUC is advisory, and as a final review authority on legislative acts, the City Council may, after a public hearing, choose to overrule the ALUC's decision by following the procedure established in PUC Sections 21676 and 21676.5. 55A-1 Comprehensive General Plan Update October 16, 2020 Page 2 The first step is to provide notice to ALUC and the Division of Aeronautics of the City's intention to overrule the ALUC's determination by providing them with a Notice of Intent at least 45 days in advance of the overruling action by the City Council. In turn, ALUC may provide comments to the City Council within 30 days of receiving the Notice of Intent. If ALUC's comments are not available within this time limit, the City Council may act without them. The comments by ALUC are advisory to the City Council. However, should comments be received, the City Council must include comments from ALUC in the public record of any final decision to overrule ALUC. The second step is to conduct a public hearing through which the City Council needs to make specific findings that the proposed overruling is consistent with the purposes stated in PUC Section 21670. The City Council's adoption of this resolution is procedural and does not constitute the approval for the comprehensive update to the General Plan nor does it predispose the City's future action on the Plan or the decision to overrule or not. ENVIRONMENTAL REVIEW The City Council finds that the adoption of this resolution is not subject to the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines as the proposed action will not have a significant effect on the environment. Environmental Impact Report No. 2020-03 (SCH No. 202020029087) has been prepared for the proposed project as a whole and will be presented to the City Council for consideration, along with the General Plan amendment, at a future hearing date. FISCAL IMPACT There is no fiscal impact associated with approval of this action. Submitted By: Minh Thai, Executive Director/Planning and Building Agency Exhibits: 1. Resolution 2. Proposed Findings of Fact 55A-2 LS 10.16.20 RESOLUTION NO. 2020- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA NOTIFYING THE ORANGE COUNTY AIRPORT LAND USE COMMISSION AND THE STATE DIVISION OF AERONAUTICS OF THE CITY'S INTENTION TO FIND THAT THE CITY OF SANTA ANA COMPREHENSIVE GENERAL PLAN UPDATE, GOLDEN CITY BEYOND (2045) IS CONSISTENT WITH THE PURPOSES OF THE STATE AERONAUTIC ACT AND TO OVERRULE THE ORANGE COUNTY AIRPORT LAND USE COMMISSION'S DETERMINATION THAT THE PROPOSED GENERAL PLAN UPDATE IS INCONSISTENT WITH THE 2008 JOHN WAYNE AIRPORT ENVIRONS LAND USE PLAN BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The City has prepared a comprehensive update to its existing General Plan. The "Golden City Beyond: A Shared Vision" General Plan will guide the City's development and conservation for the next 25 years through 2045. The update will provide long-term policy direction and communicate the vision, values, and goals for the City's physical development, fiscal and environmental sustainability, and overall quality of life. The new General Plan will serve to identify areas of opportunity and provide options to enhance development potential in key areas of the City while ensuring the City's compliance with recent State laws. The new General Plan will also reflect updates to current conditions and input from the general public, City staff, and other stakeholders. B. Because the Project is an update to the City's General Plan, Public Utilities Code Section 21676(b) requires the City of Santa Ana to refer the proposed Project to the Orange County Airport Land Use Commission ("ALUC") for consistency with the 2008 John Wayne Airport Environs Land Use Plan ("AELUP"). C. At a duly noticed public hearing on October 15, 2020, the ALUC found the proposed Project to be inconsistent with the AELUP. Resolution No. 2020-xx Page 1 of 3 55A-3 D. As a final review authority on legislative acts, the City Council may, after a public hearing, choose to overrule the ALUC decision with a two-thirds vote of the City Council, if the City of Santa Ana makes specific findings that the proposed project is consistent with the purposes of Public Utilities Code Sections 21670, 21676, and 21676.5. This two-step procedure requires the City Council to conduct two public meetings. At least 45 days prior to the decision to overrule ALUC, the governing body shall provide the ALUC and the State Division of Aeronautics ("Caltrans") a copy of the proposed decision to overrule along with supportive findings. The ALUC and Caltrans may provide written comments to the City Council within 30 days of receiving the proposed decision and findings. If comments by the ALUC or Caltrans are not available within this time limit, the City Council may act without them. The comments by ALUC and Caltrans are advisory to the City Council. Should comments be received from the ALUC or Caltrans, the City Council must include such comments in the public record of any final decision to overrule ALUC. The second meeting shall be a public hearing to make the specific findings that the proposed overruling is consistent with the purposes stated in Public Utilities Code Section 21670. E. The Council's adoption of this resolution is procedural and does not constitute the proposed project's approval nor does it predispose the City's future action on the project or the decision to overrule or not. Section 2. The City Council finds that this Resolution is not subject to the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines as the proposed action will not have a significant effect on the environment. The proposed project will be independently reviewed and evaluated pursuant to CEQA. Environmental Impact Report No. 2020-03 (SCH No. 2020020987) has been prepared for the project as a whole and will be presented to the City Council for consideration, along with the requested general plan amendment, at a future hearing date. Section 3. The City Council directs staff to forward a letter to the ALUC and Caltrans, indicating the City of Santa Ana's intent to overrule the ALUC's determination that the Project is inconsistent with the 2008 John Wayne Airport Environs Land Use Plan. Section 4. The City Council directs staff to forward this resolution and the City's Proposed Findings of Fact to the ALUC and Caltrans, in support of the City's intent to overrule the ALUC's determination that the Proposed Project is inconsistent with the 2008 John Wayne Airport Environs Land Use Plan. Resolution No. 2020-xx Page 2 of 3 55A-4 Section 5. This resolution was approved, passed and adopted at a special meeting of the City Council of the City of Santa Ana, held on the 16th day of October, 2020. ADOPTED this 16th day of October, 2020. Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney Lisa Storck Assistant City Attorney /G\'/X.�erey1R.71I Taii1T NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, DAISY GOMEZ, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2020-xx to be the original resolution adopted by the City Council of the City of Santa Ana on 12020. Date: Clerk of the Council City of Santa Ana Resolution No. 2020-xx Page 3 of 3 55A-5 EXHIBIT 2 [PROPOSED] FINDINGS OF FACT SUBJECT: CITY OF SANTA ANA NOTICE OF INTENT TO OVERRULE THE ORANGE COUNTY AIRPORT LAND USE COMMISSION'S DETERMINATION OF INCONSISTENCY FOR THE CITY OF SANTA ANA COMPREHENSIVE GENERAL PLAN UPDATE, GOLDEN CITY BEYOND (2045) I. INTRODUCTION The City of Santa Ana (City) is required to provide findings supporting the overrule of the Orange County Airport Land Use Commission's ("ALUC") determination of inconsistency as required in the California Public Utilities Code ("PUC") Section 21676(b). Based on the following Findings of Fact and the associated substantial evidence in the public record, the proposed action by the City on the General Plan Update, Golden City Beyond (2045) ("Project") is consistent with the purposes of the State Aeronautics Act as stated in PUC Section 21670, which provides, in relevant part: "It is the purpose of this article to protect 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." Specifically, the City's proposed action on the Project provides for the orderly development of John Wayne Airport ("JWA"), and its surrounding area and promotes the overall goals and objectives of the State noise standards by avoiding new noise and safety problems, and protecting the public health, safety and welfare through the adoption of land use measures that minimize the public's exposure to excessive noise and safety hazards to the extent that this area is not already devoted to incompatible uses. II. FRAMEWORK 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 PUC Section 21669 and to (3) prevent the creation of new noise and safety problems. A. To provide for the orderly development of JWA and the area surrounding the airport, the ALUC adopted the 2008 Airport Environs Land Use Plan for John Wayne Airport ("JWA AELUP") on April 17, 2008. The JWA AELUP guides development proposals to provide for orderly development of the airport and the area surrounding the airport through implementation of the standards in Section 2.1 (aircraft noise, safety compatibility zones, building height restrictions). B. The ALUC also adopted a separate Airport Environs Land Use Plan for Heliports ("Heliports AELUP") on June 19, 2008. C. The ALUC is required to use the California Airport Land Use Planning Handbook ("Handbook") that was updated by the California Department of Transportation, Division of Aeronautics ("Caltrans") in 2011. Neither the JWA AELUP nor the Heliports AELUP have been updated to incorporate the Handbook's guidance. Likewise, the JWA AELUP Page 1 of 6 55A-6 has not been updated with information about the operation and environmental effects of JWA as reflected in its most recent Final Environmental Impact Report ("EIR"), certified by the Orange County Board of Supervisors on June 25, 2019 for the General Aviation Improvement Program ("GAIP"). D. On September 17, 2020, the City of Santa Ana presented the Project to the ALUC for a determination of consistency with the JWA AELUP. E. The ALUC staff report dated October 15, 2020, recommends that the ALUC find the Project inconsistent with the JWA AELUP per Sections 1.2, 2.4.1, and 3.2.1 of the JWA AELUP, and per PUC Section 21674, due to 1) proffered aircraft "noise and safety issues" relative to the allowed placement of residential units "within the flight corridor" in the 55 Freeway/Dyer Road Focus Area; and 2) proffered building height issues in a portion of the South Bristol Street Focus Area (between MacArthur Boulevard and Sunflower Avenue). F. The ALUC staff report recommends that the ALUC find the Project consistent with the Heliports AELUP, with the condition that the City include a statement in the General Plan Update (Safety Element Policy S-4.4) that any proposals for heliports/helipads within the City be submitted through the City to ALUC for a consistency determination. G. On October 15, 2020, the ALUC held a public hearing and adopted a resolution finding the Project inconsistent with the JWA AELUP for the stated reasons set forth in the staff report, and further finding the Project consistent with the Heliports AELUP on the condition set forth in the staff report. H. The City of Santa Ana has the general police power to control land use within its territorial jurisdiction. (Cal. Const., art. XI 11, § 7). This constitutional authority is acknowledged in State law (PUC §§ 21670, 21676) and the ALUC process (JWA AELUP §4.11) allowing for overrule of an ALUC finding of inconsistency. I. Pursuant to PUC Section 21676(b), the City may overrule the commission by a two-thirds vote of the City Council if it makes specific findings that the Project is consistent with the purposes of the State Aeronautics Act, as stated in PUC Section 21670. J. The City finds that the Project is consistent with the JWA AELUP and with the purposes of the State Aeronautics Act based on the following Findings of Fact and substantial evidence. III. FINDINGS OF FACT A. General Plan Update. The Project encompasses the entire City of Santa Ana. However, the General Plan Update set forth in the Project will only change zoning and land use within five (5) geographic Focus Areas within the City. 1. Both the Grand Ave/17th Street Focus Area and the West Santa Ana Boulevard Focus Area fall completely outside of the JWA AELUP planning area, which is defined as "the furthest extent of the 60 CNEL Contour, the FAR Part 77 Notification Surface and the runway safety zones associated with the airport." 2. The 55 Freeway/Dyer Road Focus Area and South Bristol Focus Area are both located entirely within the JWA AELUP planning area. Page 2 of 6 55A-7 3. The South Main Focus Area is located partially within the JWA AELUP planning area. B. Noise. The residential and commercial land uses under the proposed Project are consistent with the aircraft noise standards of the JWA AELUP and the requirements of PUC Section 21670. 1. The majority of the Project falls outside of the 60 dBA CNEL aircraft noise contour. a. Per the JWA AELUP, all land uses are normally consistent within the 60 dBA CNEL aircraft noise contour using conventional construction methods. No special noise reduction methods are required. See JWA AELUP at 23, Table 1. 2. The vast majority of the Project is located outside of the JWA 65 dBA CNEL aircraft noise contour. a. Per the JWA AELUP, commercial (e.g. retail and office), community facilities (e.g. churches, libraries, schools, preschools, day-care centers, hospitals, nursing/convalescent homes, & other noise sensitive uses), and industrial uses are all normally consistent within the 65 dBA CNEL aircraft noise contour. See JWA AELUP at 23, Table 1. b. Per the JWA AELUP, single and multifamily residential uses are conditionally consistent within the 65 dBA CNEL aircraft noise contour. 3. Of the five (5) Focus Areas that will include a change in zoning and land use designation under the Project, only the 55 Freeway/Dyer Road Focus Area lies partially within the 60 dBA CNEL aircraft noise contour. 4. Per the Draft PEIR, the "proximity of the plan area to an airport or airstrip would not result in exposure of future residents and/or workers to excessive airport -related noise. [Threshold N-3]." 5. The General Plan Update states, as Policy N-1.3, that it shall be City policy to "[c]ollaborate with local and regional transit agencies and other jurisdictions to minimize regional traffic noise and other sources of noise in the City." 6. Consistent with the JWA AELUP, the General Plan Update states, as Policy N-3.3, that it shall be City policy to "[r]equire all residential land uses in 60 dB(A) CNEL or 65 dB(A) CNEL Noise Contours to be sufficiently mitigated so as not to exceed an interior standard of 45 Db(A) CNEL." 7. Based on the foregoing, the Project will not result in the exposure of City residents to excess noise within the meaning of PUC Section 21670. C. Safety. The residential and commercial land uses under the proposed project are consistent with the safety standards of the JWA AELUP. 1. The Project is not in the JWA runway protection zones (RPZ). Page 3 of 6 55A-8 2. None of the Project Focus Areas are in any of the JWA AELUP safety zones. JWA AELUP Safety Zone 6 overlays a small portion of the City south of MacArthur Boulevard, however the Project does not propose any change in land use or zoning in this area. 3. Accordingly, no part of the Project will be inconsistent with the policies set forth in Section 2.1.2 of the JWA AELUP regarding Safety Compatibility Zones. D. Height. The residential and commercial land uses under the proposed project are consistent with the height standards of the JWA AELUP, which are stated in the Federal Aviation Regulations, 14 C.F.R. Part 77. 1. The General Plan Update states, as Policy S-4.1 Structures above 200 feet, "[p]roposed projects that would exceed a height of 200 feet above existing grade shall be required to file a Form 7460-1 with the Federal Aviation Administration ("FAA"). 2. In response to Recommendation 1.b. from the ALUC Staff Report, the General Plan Update is revised to state, as Policy S-4.2 Federal Aviation Regulation Part 77, "[d]o not approve buildings and structures that would penetrate Federal Aviation Regulation (FAR) Part 77 Imaginary Obstruction Surfaces, unless, consistent with PUC Section 21240, such building or structure is determined by the FAA to pose "no hazard" to air navigation." Additionally, under this Policy, applicants proposing buildings or structures that penetrate the 100:1 Notification Surface will be required to file a Form 7460-1 Notice of Proposed Construction or Alteration with FAA and provide a copy of the FAA determination to the City and the ALUC. This is because: a. "The United States Government has exclusive sovereignty of airspace of the United States" (49 U.S.C. § 40103(a)(1)). b. In order to use this airspace, the FAA Administrator is responsible for: (1) Plans and policy for the safe use of the navigable airspace (49 U.S.C. § 40103(b)(1); and (2) "[R]egulations on the flight of aircraft (including regulations on safe altitudes) for (A) navigating, protecting and identifying aircraft; (B) protecting individuals and property on the ground; (C) using the navigable airspace efficiently; and (D) preventing collision between aircraft, between aircraft and land or water vehicle, and between aircraft and airborne objects" (49 U.S.C. § 40103(b)(2)). c. The FAA's aeronautical studies under FAR Part 77 are the definitive standard for assessing compliance with federal aviation safety laws and regulations (49 U.S.C. § 77.1(c)). This federal authority is recognized in State law (Cal. PUC §21240). 3. The maximum allowable building heights in the zoning and land use designations proposed in the 55 Freeway/Dyer Road Focus Area range between 6 and 10 stories, or about 60 and 100 feet above ground level ("AGL"). These maximum allowable building heights would not exceed the FAR Part 77 imaginary obstruction surfaces for JWA, including the sloping, three-dimensional 50:1 Departure Surface, the sloping, Page 4 of 6 55A-9 three-dimensional 20:1 conical surface, and the 206' above mean sea level ("AMSL") horizontal surface. 4. The maximum allowable building heights in the zoning and land use designations proposed in the South Bristol Street Focus Area range between 10 and 25 stories, or about 100 to 250 feet AGL. Proponents of future structures exceeding 200 feet AGL and/or structures penetrating the 100:1 Notification Surface will be required to file a Form 7460-1 Notice of Proposed Construction or Alteration with FAA and provide a copy of the FAA determination to the City. Per Policy S-4.2, the applicant would be required to obtain an FAA determination of no obstruction or no hazard to air navigation before seeking City approval. 5. The maximum allowable building heights in the zoning and land use designations proposed in the South Main Street Focus Area range between 2 and 3 stories, or about 20 to 30 feet AGL. These maximum allowable building heights would not exceed the FAR Part 77 imaginary obstruction surfaces for JWA, including the sloping, three- dimensional 20:1 conical surface, and the 206' AMSL horizontal surface. 6. The Project's requirement that future construction and development comply with the FAA's 7460-1 process ensures that building heights within the Project area will not pose a hazard to air navigation. This is consistent with and furthers the purposes of PUC Section 21670 by minimizing the public's exposure to safety hazards. 7. The Project is an approval only as to land use designation and zoning. No specific structures are contemplated as part of the Project. Therefore, nothing in the Project will create an obstruction or hazard to air navigation within the meaning of 14 C.F.R. Part 77, and no part of the Project involves the proposed construction or alteration of any structure. Accordingly, no aeronautical study is required as part of the Project. See 49 U.S.C. § 44718; 14 C.F.R. Part 77; FAA Order JO 7400.2M. 8. The Project does not create a safety hazard pursuant to PUC Section 21670. E. Heliports. Heliports are not permitted in any residential (R1, R2, R3, or R4) District pursuant to Santa Ana Municipal Code section 41-621. Outside of residential Districts, heliports are only allowed with a conditional use permit ("CUP"). 1. The General Plan Update states, as Policy S-4.4 Heliport/helistop approval and requirements, "Approve the development of a heliport or helistop only if it complies with the ALUP for heliports." Policy S-4.4 further makes it City policy to "[e]nsure that each applicant seeking a conditional use permit or similar approval for the construction or operation of a heliport or helistop complies fully with the state permit recommended by the FAA, by Orange County ALUC, and by Caltrans/Division of Aeronautics. This requirement shall be in addition to all other City development requirements." 2. As described in Draft PEIR Section 5.8, any applicant proposing a heliport "shall undergo review by the ALUC, obtain an Airspace Analysis from the FAA as specified in Section 2.1.5 of the JWA AELUP, and confirm consistency with the JWA AELUP prior to construction, as specified in Section 4.7 of the JWA AELUP." Page 5 of 6 55A-10 3. The Project and existing provisions within the Santa Ana Municipal Code restrict the establishment of heliports within the City. Heliports are only allowed in non-residential districts, and only once the applicant obtains a CUP following FAA Airspace analysis and other review procedures. These restrictions minimize the public's exposure to excessive noise and safety hazards, in furtherance of the purposes of PUC Section 21670. 4. ALUC has determined that the Project is consistent with the Heliports AELUP on condition that the City include a statement in the General Plan Update (Safety Element Policy S-4.4) that any proposals for heliports/helipads within the City be submitted through the City to ALUC for a consistency determination. Page 6 of 6 55A-11