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HomeMy WebLinkAbout2016-013 - Heritage Mixed Use Development ProjectLS 1.26.16 RESOLUTION NO. 2016 -013 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA OVERRULING THE DETERMINATION BY THE AIRPORT LAND USE COMMISSION OF THE COUNTY OF ORANGE OF INCONSISTENCY OF THE PROPOSED HERITAGE MIXED USE DEVELOPMENT PROJECT, 2001 EAST DYER ROAD, WITH THE CURRENT ORANGE COUNTY AIRPORT LAND USE PLAN, WITH SUPPORTIVE FINDINGS 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 ( "City ") hereby finds, determines and declares as follows: BACKGROUND A. The Proposed Protect 1. The City is being asked to approve a General Plan Amendment and Amendment Application ( "Zone Change ") for a proposed project to be located on an 18.84 acre site at 2001 East Dyer Road, at the northwest corner of Dyer Road and Redhill Avenue ( "Heritage Mixed Use Development Project") and to overrule the finding by the Orange County Airport Land Use Commission ( "ALUC) of inconsistency with the Airport Environs Land Use Plan ( "AELUP ") for John Wayne Airport. 2. The project includes public and private (for residents) open space recreational facilities on the project site, a 1.26 acre public central park, including various amenities, that will be developed and would connect to open space areas along the northern and eastern boundaries. In addition, approximately 327,302 square feet of private open space, as well as other private recreational amenities, would be provided for residents. 3. The following approvals are requested or required in order to implement the project as proposed: a. General Plan Amendment. To allow the construction of a mixed -use development on this parcel, a General Plan amendment is required. Currently, the land use designation for this site is Professional and Administrative Office (PAO), which allows office development and ancillary commercial uses. This project will require an amendment to the Land Use Element to amend the General Plan Land Use designation of the site to District Center (DC). b. Vesting Tentative Tract Map. A tentative tract map to establish lots Resolution No. 2016 -013 Page 1 of 8 for residential development purposes pursuant to Chapter 34 of the Santa Ana Municipal Code. c. Affordable Housing Implementation Plan. A program specifying how the proposed project would meet the City's affordable housing requirements. d. Development Agreement. A Development Agreement between the Applicant and the City of Santa Ana describing development rights and public benefits, pursuant to Government Code Sections 65864 through 65869.5 to enter into development agreements with persons having legal or equitable interests in real property for the purpose of establishing certainty for both City and owner in the development process. e. Environmental Impact Report. An environmental impact report (EIR) to evaluate the environmental impacts resulting from the proposed project, in accordance with the California Environmental Quality Act of 1970 (CEQA), as amended (Public Resources Code Section 21000 et seq.), and the State CEQA Guidelines for Implementation of CEQA (California Code of Regulations, Title 14, Section 15000 et seq.). 4. The General Plan Amendment would change the current Professional and Administrative Office ( "PAO ") designation to District Center ( "DC "). The DC designation would allow the construction of mixed -use development. The Zone Change would change the zoning designation to Specific Development ( "SD "), from the current zoning designation of Light Industrial ( "M-1 ") which allows uses such as warehouses, wholesale operations and manufacturing uses as well as support commercial businesses. B. The ALUC and Its Requirements 1. The ALUC is charged with the adoption of an AELUP, establishing guidelines for compatible development in the vicinity of an airport within the jurisdiction of the County of Orange. California Public Utilities Code § 21670(a) sets forth the fundamental purpose of the AELUP as: (a) ". . . to promote the overall goals and objectives of the California airport noise standards adopted pursuant to section 21669 and to prevent the creation of new noise and safety problems;" and (b) "... protect public health, safety, and welfare 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 the areas around public airports to the extent that these areas are not already devoted to incompatible uses." 2. Public Utilities Code § 21676(b) requires the City to submit to the ALUC all proposed general and specific plans adoptions and amendments that will have an effect within the planning boundary of the AELUP so that the ALUC can determine whether the proposed action is consistent with the provisions of the AELUP. Public Utilities Code § 21676(b) also provides that, if the ALUC determines that a proposed Resolution No. 2016 -013 Page 2 of 8 action is inconsistent with the AELUP, the local agency may, after a public hearing, propose to overrule the Commission by a two - thirds vote of its governing body if it makes specific findings that the proposed action is consistent with the purposes set forth in section 21670 of the Public Utilities Code. 3. Public Utilities Code § 21676(b) also requires that a public agency making a decision to overrule shall give notice to the California Department of Transportation, Aviation Division, and ALUC at least 45 days prior to the final decision to overrule. After that notification, the ALUC and Caltrans have 30 days from the receipt of the proposed decision to send advisory comments. C. Actions Taken To Date 1. On October 12, 2015, the City's Planning Commission met and recommended approval of the project with certain conditions. 2. On October 15, 2015, the ALUC met and reviewed the proposed amendments to the General Plan and Zoning Code and determined that those changes would be inconsistent with the standards set forth in the AELUP after having evaluated the project for conflicts with respect to aircraft noise, building heights, flight tracks, safety zones and development of heliports, thus giving rise to the City Council's notice of intent to overrule. 3. On November 3, 2015, the City Council of the City of Santa Ana met and (1) approved issuing a Notice of Intent to overrule; and (2) determined to give notice to the ALUC of its decision to overrule as required by Public Utilities Code § 21676(b). 4. On December 16, 2015, the City gave proper notice to the ALUC of its intention to overrule the ALUC's October 15, 2015 determination of inconsistency. 5. On January 15, 2016, the City received a comment letter from the ALUC on the overrule findings. The letter affirmed earlier comments from the ALUC and their staff stating that residential uses under an aircraft approach centerline for the airport would not coexist with the overflight of aircraft and that noise complaints would be generated from affected residents. As of this date no comments have been received from Caltrans. Section 2. The City Council of the City of Santa Ana hereby makes the following findings to overrule the Orange County ALUC's determination that the Heritage Mixed Use Development Project is inconsistent with the Orange County AELUP. FINDINGS: A. Based on the ALUC's evaluation, relevant sections of the City's General Plan, and other applicable ordinances and regulations, the City Council of the City of Santa Ana hereby finds and determines that the proposed project does not create new Resolution No. 2016 -013 Page 3 of 8 noise and safety issues and, thus, meets the purposes of Public Utilities Code § 21670(a) where: B. The proposed project does not interfere with the orderly expansion of John Wayne Airport ( "JWA ") in that the ALUC determined that the project does not penetrate the approach corridor imaginary surfaces reserved for air navigation; C. The proposed project is located within the Federal Aviation Regulation Part 77 "imaginary surface" within which the surface level for notification to the FAA of the project is 152.8 feet Above Mean Sea Level ( "AMSL ") and the maximum height of any structure within the project is 124 feet AMSL. The project proponent submitted the required notification to the FAA in the form of a Form 7460 -1, and the FAA determined and the ALUC confirmed that no structure within the project would penetrate the surfaces set forth in Part 77, exceedance of which would constitute an obstruction to air navigation; D. The proposed project is not located within the John Wayne Airport 60 or 65 dBA Cumulative Noise Equivalent Level ( "CNEL ") noise contours indicating areas of significant noise impact as set forth in the John Wayne Airport Master Plan. While a small portion of the property is within the existing JWA 60 CNEL contour, the Final Environmental Impact Report ( "FEIR ") for the project includes mitigation measure LU -1 which provides that all prospective residents of the project site shall be notified of airport related noise (via a notice of airport in vicinity language in the lease /rental agreements pursuant to Civil Code § 1102.6(a)), and mitigation measure LU -2 which requires outdoor signage informing the public of the presence of operating aircraft consistent with AELUP Policy 3.2.4 which requires that notice be provided within the outdoor common or recreational areas of the project site; E. The proposed project is not within the safety zone areas for John Wayne Airport, within which limitations on development and occupancy apply to protect surrounding occupants from adverse airport impacts. Thus, the proposed project is not limited by the restrictions on density of residential use and intensity of commercial use applicable to safety zones within the AELUP; and F. The impact of aircraft overflights of the proposed project will be mitigated by proposed construction and other noise mitigation measures in the FEIR; and by the existing curfew at JWA during which arriving flights cease between the hours of 11:00 p.m. and 7:00 a.m. on weekdays and 11:00 p.m. and 8:00 a.m. on Sunday, and departing flights cease between the hours of 10:00 p.m. and 7:00 a.m. on weekdays and 10:00 p.m. and 8:00 a.m. on Sundays. Section 3. Based on the above evidence and further Findings made attached hereto and incorporated herein as Exhibit A, as well as the remainder of the record in this case, the City Council of the City of Santa Ana hereby resolves to overrule the Orange County ALUC's determination that the Heritage Mixed Use Development Project is inconsistent with the Orange County AELUP. Resolution No. 2016 -013 Page 4 of 8 Section 4. City Council and Resolution. This resolution shall take effect immediately upon its adoption by the the Clerk of the Council shall attest to and certify the vote adopting this ADOPTED this 2nd day of February, 201 E APPROVED AS TO FORM: Sonia R. Carvalho,,�City Attorney By: Lisa Storck Assistant City Attorney AYES: Councilmembers: Amezcua, Benavides Pulido Reyna Sarmiento, Tinalero (6) NOES: Councilmembers: None (0) ABSTAIN: Councilmembers: NOT PRESENT: Councilmembers: Martinez (1) CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify that the attached Resolution No. 2016 -012 to be the original resolution adopted by the City Council of the City of Santa Ana on February 2, 2016 and that said resolution was published in accordance with the Charter of the City of Santa Ana. Date: 2 %601 Clerk of the Council City of Santa Ana Resolution No. 2016 -013 Page 5 of 8 EXHIBIT A FURTHER FINDINGS A. It is in the public interest to: provide for the orderly development of each public use airport in this state and the area surrounding these airports so as to promote the overall goals and objectives of the California airport noise standards adopted pursuant to Public Utilities Code Section 21669 and to 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 Airport Land Use Commission (ALUC) adopted the 2008 Airport Environs Land Use Plan (AELUP) on April 17, 2008. The 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). 2. On October 15, 2015, the City of Santa Ana presented The Heritage, a mixed -use residential and commercial development to the ALUC for a determination of consistency with the Airport's AELUP. The ALUC staff report dated October 15, 2015, states that based on staff's review of the proposed Project with respect to compliance with the AELUP, including review of appropriate height restrictions, imaginary surfaces, safety zones and environmental compliance, the proposed Project may be found inconsistent with the AELUP. 3. The Project is consistent with the AELUP for the following reasons: a. Lack of evidence of inconsistency by the ALUC There was no evidence presented by or to the ALUC at its hearing of October 15, 2015, to support its finding of inconsistency, nor was there a request to provide supplemental information such as an aeronautical study. The letter submitted to the City on October 16, 2015 by the ALUC staff states only "The Commission is charged by PUC Section 21674(a) 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." Further, the letter stated that "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." b. The residential and commercial land uses under the proposed project are consistent with the noise standards of the AELUP: The proposed project is not completely located within the JWA Master Plan 60 or 65 Resolution No. 2016 -013 Page 6 of 8 dBA CNEL noise contours. The Final Environmental Impact Report (FEIR) for the proposed project identifies that the western portion of the property is within the existing JWA 60 CNEL contour. Therefore, the FEIR includes Mitigation Measure LU -1 stating that all prospective residents of the project site shall be notified of airport related noise (via Notice of Airport in Vicinity language in lease /rental agreements). The FEIR also includes Mitigation Measure LU -2 which requires outdoor signage informing the public of the presence of operating aircraft consistent with AELUP Policy to be provided within outdoor common or recreational areas on the project site. C. The residential and commercial land uses under the proposed project are consistent with the safety standards of the AELUP. AELUP Section 2.1.2 sets forth Safety Compatibility Zones to support the continued use and operation of an airport by establishing compatibility and safety standards to promote air safety and reduce potential safety hazards for persons living, working, or recreating near JWA. The proposed project site is not within the safety zone areas for JWA. d. The residential and commercial land uses under the proposed project are consistent with the height standards of the AELUP. In Section 2.1.3 of the JWA AELUP, the Commission has incorporated the standards for height limits for determining obstructions and has incorporated the definitions of "imaginary surfaces" for airports as defined in Federal Aviation Regulations (FAR) Part 77. The proposed project is located within the FAR Part 77 "imaginary and notification surfaces" referral area. The proposed maximum height for the project is 124 feet above mean sea level (AMSL) and does not penetrate the notification surface which begins at 152.8 feet AMSL. The proposed project is located within the approach corridor for JWA which would be penetrated at 270 feet AMSL. The proposed maximum building height at this site is 124 feet AMSL. Because the project does not penetrate the approach corridor imaginary surface, the project will not impact areas reserved for air navigation. The project applicant filed Form 7460 -1 with the Federal Aviation Administration (FAA) and has received a "Determination of No Hazard to Air Navigation" as documented in FAA Aeronautical Study No. 2015 -AWP- 1655 -0E. 2. The City is requiring the proposed project to 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. The City is also proposing a condition to demonstrate compliance with noise standards prior to each building permit. Through implementation of the City's noise standards and project conditions, the proposed project meets the AELUP standards for California airport noise. Resolution No. 2016 -013 Page 7 of 8 3. The standards set forth in AELUP Sections 2 and 3 were adopted to prevent the creation of new noise and safety problems. As set forth above, the proposed project complies with the noise criteria, safety standards and height requirements established in Sections 2 and 3. B. It is the purpose of the State Aeronautics Act 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. 1. To protect the public health, safety and welfare by ensuring orderly expansion of airports, the ALUC adopted the 2008 AELUP, The AELUP standards guide development proposals to provide for the orderly development of the airport and the area surrounding the airport through implementation of the standards in AELUP Sections 2 and 3. As set forth above, the proposed project is consistent with the AELUP noise standards, safety standards and building heights. 2. To protect the public health, safety and welfare the ALUC adopted the 2008 AELUP to outline land use measures that minimize the public's exposure to excessive noise and safety hazards within areas around public airports to the extent these are not already devoted to incompatible use. The AELUP provides land use policies in AELUP Section 3 that govern noise, safety and height. As set forth above, the proposed project is consistent with AELUP noise, safety standards and building heights. C. AELUP Section 2.1.3 permits ALUC to 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. The Council considered the FAA No Hazards Determination, proposed relevant project conditions and AELUP standards and finds the proposed project does not present a health, welfare or air safety problem to warrant an inconsistency finding. The City Council finds the ALUC's belief that the proposed project was inconsistent is not based on substantial evidence that was introduced, commented on, or identified in support of the incompatibility finding. D. The Santa Ana General Plan Noise Element additionally specifies that residential development in the Airport Area be outside of the 65 dBA CNEL noise contour and requires residential developers to notify purchasers or tenants of aircraft overflight and noise. The proposed project is outside the 65 dBA and prospective tenants will be notified in writing and the property will be posted. The proposed project is consistent with these policies. Resolution No. 2016 -013 Page 8 of 8