Administrative Status Report
Transcription
Administrative Status Report
AIRPORT LAND USE COMMISSION FOR COUNTY ORANGE 3160 Airway Avenue Costa Mesa, CA 92626 (949) 252-5170 Fax (949) 252-6012 AGENDA ITEM 2 March 17,2016 TO: Commissioners/Alternates FROM: Kari A. Rigoni, Executive Officer SUBJECT: Administrative Status Report The following attachments are for your review and information: • Email communication from the California Pilots Association • Comment letter to the City of Newport Beach on the proposed Museum House Residential Project • Comment letter to the City of Newport Beach on the initial study for the Residences at Newport Place • Comment letter to the City ofNewport Beach on the proposed 150 Newport Center Residential Project • Comment letter to the City of Santa Ana on the proposed Overrule Action on the proposed Heritage Project • Comment letter to the City of Anaheim on the proposed Olson Manchester Townhomes • Comment letter to the City of Westminster on the General Plan Update • Comment letter to the City of Costa Mesa on the General Plan Amendment • Comment letter to the City of Anaheim on the proposed La Palma Village Project • Comment letter to the City of Irvine on the proposed Masimo Corporation Zone Change • JWA Statistics for January 2016 • JW A Statistics for December 2015 • JW A Statistics for November 2015 • JW A Statistics for October 2015 Respectfully submitted, ~/~· Kari A. Rigoni , Executive Officer Ochoa, Elizabeth [JWA] Subject: FW: California Pilots Association Region VI Representative From: Kurt Knepper [mailto:kurt.knepper@calpilots.org] Sent: Sunday, March 6, 2016 2:34PM To: Rigoni, Kari [JWA] <KRigoni@ocair.com>; jguerin@rctlma.org; ajamison@san.org; armandovilla@co.imperial.ca.us Subject: California Pilots Association Region VI Representative Dear ALUC Members, my name is Kurt M. Knepper and I represent the California Pilots Association and I am the Regional Vice President for Region VI. Our non-profit organization's mission is to help keep airports open and to assist local groups, ALUC's and other interested parties in matters that may effect airport operations and/or safety. We have a team of both technical and legal experts that can assist in essentially any situation that may effect a local airport. We also work closely with the CaiTrans Division of Aeronautics, FAA, AOPA and other aviation organizations. Please keep us in mind if you have any situation that you may need assistance with, because we are happy to help and we have a lot of expertise to share. Thank you. With Best Regards, Kurt M. Knepper , Esq. California Pilots Association Vice President Region VI Orange County 1 Riverside County 1 San Diego County !Imperial County www.calpilots.org 11-800-319-5286 Aviation Attorney I Gold Seal CFI MEl Cell J;, Phone: (949) 395-969 1 I \\\\\\ .amnenla\\.com l'ic<tl< '"' no!Jll'/111 lht' e-ttwt! unle'·' tl<'<, .\Sdt.\ /h,mA ) nu Th1s transmiSSIOn is mtended by the sender and proper recipient(s) to be confidential, intended only for the proper recipient(s) and may contain information that is pnvtleged. attorney work product or exempt from disclosure under applicable law. If you are not the intended recipient(s) you are notified that the dtssemination, d1stnbut1on or copying of this message is stnctly prohibited. If you receive this message m error, or are not the proper recipient(s), please notify the sender at e1ther the email address or telephone number above and delete this email from your computer. Receipt by anyone other than the proper recipient(s) IS not a waiver of any attorney-client, work product, or other applicable pnvilege. Thank you. Unless expressly stated to the contrary herein, (a) Nothing contained in this message was intended or written to be used, can be used, nor may be relied upon or used, by any taxpayer for the purpose of avoiding penalties that could be imposed upon the taxpayer under the Internal Revenue Code of 1986, as amended; and (b) Any wntten statement contained herein relating to any federal tax transaction or issue may not be used by any individual or entity to recommend or support the promotion or marketing of any such transaction or issue. 1 AIRPORT LAND USE COMMISSION FOR ORANGE COUNTY 3160 Airway Avenue • Costa Mesa, California 92626 • 949.252.5170 fax: 949.252.6012 March 4, 2016 Gregg Ramirez, Senior Planner City ofNewport Beach, Community Development Dept. 100 Civic Center Drive Newport Beach, CA 92660 Subject: Museum House Residential Project NOP of DEIR Dear Mr. Ramirez: Thank you for the opportunity to review the initial for the proposed Museum House Residential Project in the context of the Airport Land Use Commission's (ALUC) Airport Environs Land Use Plan (AELUP) for John Wayne Abport (JWA). The proposed project consists of the demolition of the existing Orange County Museum of Art building to accommodate the development of a 26-story 100-unit residential condominium tower with two levels of subterranean parking located at 850 San Clemente Drive in Newport Center. The proposed project is located outside of the 60 dBA and 65 dBA CNEL noise contours for JW A and would not be subject to any special noise reduction requirements. The proposed project is located within the Federal Aviation Regulation (FAR) Part 77 Notification Area for JWA. The initial study states that the proposed maximum height for the residential tower is 295 feet with an additional 20 feet for rooftop equipment. We recommend that the project proponent utilize the Notice Criteria Tool on the Federal Aviation Administration (FAA) website https: ocaaa.faa.gov/oeaaalexternal/portal.jsp to determine if the proposed project penetrates the notification surface and requires filing Form 7460-1 Notice of Proposed Construction or Alteration with the FAA. The results from the Notice Criteria Tool should be included in the DEIR. Additionally, ifthe project requires Form 7460-1 tiling, the resulting FAA airspace determination should be included in the project submittal package to ALUC. The proposed project is also located within the Transitional Obstruction Imaginary Surfaces for JW A. We recommend that the DEIR discuss what the maximum height will be for the site since a General Plan Amendment and a Planned Community Development Plan Amendment is required from the City ofNewport Beach. ALUC Comments- l'vluseum House Residential Tower 3/4/16 Page 2 J\ referral by the City to the ALUC may be required for this project due to the location of the proposal within an AELUP Planning Area and due to the nature of the required City approvals (i.e. General Plan Amendment and Planned Community Development Plan Amendment) under PUC Section 21676(b ). In this regard, please note that the Commission wants such referrals to be submitted and agendized by the ALUC staff between the Local Agency's expected Planning Commission and City Council hearings. Since the ALUC meets on the third Thursday afternoon of each month, submittals must be received in the ALU C office by the first of the month to ensure sufficient time for review. analysis, and agendizing. Thank you again for the opportunity to comment on the initial study. Please contact Lea Choum at (949) 252-5123 or via email at lchoum@ocair.com should you have any questions related to the Airport Land Use Commission for Orange County. Kari A. Rigoni Executive Ofticer AIRPORT LAND USE COMMISSION FOR ORANGE COUNTY 3160 Airway Avenue • Costa Mesa, California 92626 • 949.252.5170 fax: 949.252.6012 February 22, 2016 Rosalinh Ung, Associate Planner City of Newport Beach Planning Division 100 Civic Center Drive Newport Beach, CA 92660, CA 92628 Subject: The Residences at Newport Place Dear Ms. Ung: Thank you for the opportunity to review the initial study for the Residences at Newport Place Project in the context of the Airport Land Use Commission's (ALUC's) Airport Environs Land Use Plan for John Wayne Airport (JWA AELUP). The proposed project includes demolition of an existing shopping center to accommodate the development of a mixed-use residential development located at 1701 Corinthian Way. The proposed project is within the Federal Aviation Regulation (FAR) Part 77 Imaginary Surfaces obstruction area for JWA and is in the FAR Part 77 Notification Area for JWA as noted in the initial study. As stated in the initial study, the proposed project received a Determination ofNo Hazard to Air Navigation from the Federal Aviation Administration (FAA) on November 25,2014 and includes the Newport Beach Zoning Code Policy stating that the proposed project shall not penetrate FAR Part 77 Obstruction Imaginary Surfaces for JWA unless approved by the ALUC. We appreciate that the Draft Mitigated Negative Declaration (MND) addresses these imaginary surfaces given the close proximity of the proposed project to JWA (approximately 1,000 feet from JWA). The initial study states that the proposed project would not exceed 83 feet in height. The proposed project site is located within the horizontal surface for JW A. The Airport Land Use Commission continues to recommend that buildings be kept to a height not greater than 206 feet [using North American Vertical Datum 1988 (NAVD88)] and has strongly discouraged buildings in the vicinity of JW A that penetrate this imaginary horizontal surface. The MND discusses maximum building heights and ground elevation and states that the proposed project will remain below the imaginary surfaces for JW A. However, we recommend that the Draft MND also include discussion ofthe City's maximum allowable building height for the proposed project area as permitted through the City's General Plan or Zoning Code. The proposed project falls within the 60 dbA CNEL noise contour for JW A. Per the AELUP for JWA, residential development located within the 60 dBA CNEL noise contour should be sound attenuated to ensure that the interior CNEL does not exceed 45 ALUC Comments Residences at Ne\\ port Place 2/22/16 Page 2 dB. The initial study states that the proposed project will meet this criteria and the applicant will be required to submit an acoustical report showing that the noise level will be achieved prior to the issuance of a building permit. The proposed project has been designed to include several recreational amenities such as open space areas. courtyard gardens and children"s play areas. Per the JWA AELUP, we recommend that designated outdoor common or recreational areas within the 60 dB CNEL noise contour provide outdoor signage informing the public of the presence of operating aircraft. Because of the project" s proximity to a noise impacted area, any prospective resident should be notified of the presence of aircraft overflight. The initial study does state, and we concur, that any residential development in the JWA airport influence area would be notified of potential aircraft overflight as follows: ··NOTICE OF AIRPORT IN VICINITY: This property is presently located in the vicinity of an airport, ·within what is kno·wn as an airport influence area. For that reason, the property may be subject to some of the annoyances or inconveniences associated -..vith proximity to airport operations (for example: noise, vibration or odor.\). Individual sensitivities to those annoyances can vwy.fi·um person to person. You may wish to consider what airport annoyances, if any, are associated with the property before you complete your purchase and determine whether they are acceptable to you." In addition, the Draft MND should identify 1) if the project will be impacted by helicopter overflight due to the close proximity of helicopter arrival and departure OP.erations at JWA, and 2) if the project allows for heliports as defined in the Orange County AELUP.for Heliports. Should the development of heliports occur within your jurisdiction, proposals to develop new heliports must be submitted through the City to the ALUC for review and action pursuant to Public Utilities Code Section 21661.5. Proposed heliport projects must comply fully with the state permit procedure provided by law and with all conditions of approval imposed or recommended by FAA, by the ALUC for Orange County and by Caltrans/Division of Aeronautics. Thank you again for the opportunity to comment on the initial study. Please contact Lea Choum at (949) 252-5123 or via email at lchoum@ocair.com should you have any questions related to the ALUC for Orange County . Kari A. Rigoni Executive Officer AIRPORT LAND USE COMMISSION FOR ORANGE COUNTY 3160 Airway Avenue • Costa Mesa, California 92626 • 949.252.5170 fax: 949.252.6012 February 11, 2016 Makana Nova, Associate Planner City of Newport Beach, Community Development Department 100 Civic Center Drive Newport Beach, CA 92660 Subject: NOP of DEIR for 150 Newport Center Residential Project Dear Ms. Nova: Thank you for the opportunity to review the Notice of Preparation (NOP) of an Environmental Impact Report (EIR) for the proposed 150 Newport Center Project. The proposed project is not located within the Airport Planning Area for John Wayne Airport (JWA). Therefore, the Airport Land Use Commission (ALUC) for Orange County has no comment on the NOP related to land use, noise or safety compatibility with the Airport Environs Land Use Plan (AELUP)jorJWA. Although the proposed development is located outside of the Airport Planning Area, please be aware that development proposals which include the construction or alteration of a structure more than 200 feet above ground level, require filing with the Federal Aviation Administration (FAA). Structures meeting this threshold must comply with procedures provided by Federal and State law, with the referral requirements of ALUC, and with all conditions of approval imposed or recommended by the FAA and ALUC including filing a Notice of Proposed Construction or Alteration (FAA Form 7460-1 ). We recommend you utilize the FAA notice criteria tool on the FAA website at https :l/oeaaa.faa.gov/oeaaa/external/portal.jsp to determine if a Notice of Proposed Construction or Alteration would be required for your project. The proposed project does not include the development of heliports or helistops. For your information, should the development of heliports occur within your jurisdiction, proposals to develop new heliports must be submitted through the City to the ALUC for review and action pursuant to Public Utilities Code Section 21661.5. Proposed heliport projects must comply fully with the state permit procedure provided by law and with all conditions of approval imposed or recommended by FAA, by the ALUC for Orange County and by Caltrans/Division of Aeronautics. Thank you again for the opportunity to comment on this NOP. Please contact Lea Choum at (949) 252-5123 or via email at lchoum@ocair.com should you have any questions related to the ALUC for Orange County. Sincerely, ~/R-,~ . 1gom. K an. AR' Executive Officer AIRPORT LAND USE COMMISSION FOR ORANGE COUNTY 3160 Airway Avenue • Costa Mesa, California 92b26 • 949.2525170 fax: 949.252.6012 January 15, 2016 Ms. Sonia Carvalho, City Attorney City of Santa Ana 20 Civic Center Plaza P.O. Box 1988 Santa Ana, CA 92702 SUBJECT: City of Santa Ana - Proposed Overrule Action on the proposed Heritage Project Dear Ms. Carvalho: The Airport Land Use Commission for Orange County (ALUC) is in receipt of your Jetter dated December 16, 2015 and City Council Resolution No. 20 15-XXX containing proposed overrule findings for the above-referenced project located at 2001 East Dyer Road. Regarding the subject Proposed City Overrule Action, the ALUC provides the following comments. Please be advised that California Public Utilities Code Section 21678 states: "With respect to a publicly owned airport that a public agency does not operate, if the public agency pursuant to Section 21676, 21676.5 or 21677 overrules a commission's action or recommendation, the operator of the airport shall be immune from liability for damages to property or personal injury caused by or resulting directly or indirectly from the public agency's decision to overrule the commission's adion or recommendation." On October 15, 2015, the ALUC found the proposed Heritage Project to be inconsistent with the Airport Environs Land Use Plan (AELUP) for John Wayne Airport (JWA) with a vote of 5 to 1 in accordance with AELUP Sections 1.2 and 2.1.4, and PUC Section 21674 which state that the commission is charged by PUC Section 2167 4( 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," and PUC Section 21674(b) "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." The Findings Section (A) of the City's resolution on page 3 states that the City Council of the City of Santa Ana hereby finds and determines that the propqsed project does not create new nois9 and safety issues and, thus, meets the purposes of Publif Utilities Code Section 21670 (a). It is important to note that by changing the site's General Plan designation from Professional and Administrative Office (PAO) to District Center (DC), new residential uses would now be ALUC Heritage Overrule Response January 15, 2016 Page 2 allowed in an area that has historically been only office and industrial uses. The proposed Heritage project would now be placing residential uses directly under the aircraft approach corridor for JWA, subjecting residents to overflight of both commercial and general aviation aircraft (See Attachment 1). The Findings Section (D) of the City's resolution on page 4 discusses that the proposed Heritage Project is not located within the John Wayne Airport ("JWA") 60 or 65 dBA Cumulative (Please note this should be Community not Cumulative) Noise Equivalent Level ("CNEL") noise contours indicating areas of significant noise impact as set forth in the JW A Master Plan. The City's resolution Findings Section (E) goes on to state that the proposed Heritage Project is not within the safety zone areas for JW A within which limitations on development and occupancy apply to protect surrounding occupants from adverse airport impacts. Although the proposed project is not within the 60 and 65 CNEL noise contours and is located outside the safety zones for JW A, the proposed Heritage Project is located under the aircraft approach centerline for JW A. and residential uses in this area would not coexist well with constant overflight of aircraft. On October 8. 2015 JW A provided the City of Santa Ana Planning Commission with flight track exhibits showing flight tracks over the proposed project site (see Attachments 2 and 3). ALUC staff also presented the same flight track information at the October 15, 2015 ALUC meeting. Attachment 2 shows a day's worth of normal aircraft arrival operations and has a corresponding table listing each flight, the time of day and elevation above the proposed project site. The table shows that the majority of flights over the property are in range of 500 to 700 feet above ground level and arrive in very close intervals. (This is also graphically depicted in Attachment 4 which is an exhibit from County ofOrange/JWA Final EIR 617.) As an example, the table shows aircraft arrivals from 9:00a.m. to 10:00 a.m. when aircraft flew over the property, on average, every 3.7 minutes with the longest interval being 8 minutes between flights and the shortest being I minute. In the 8:00p.m. to I 0:30p.m. timeframe on the same day, planes flew over the property, on average, every 5.2 minutes, with the longest interval between flights being 22 minutes and the shortest interval being 1 minute. Attachment 3 has also been included for your information and shows a day's worth of reverse !low departure flight tracks. The reverse departure flow occurs approximately 5% of the time, primarily due to weather factors. During reverse flow circumstances, departing aircraft may be higher in altitude, but louder over the project area. Based upon these aircraft arrival, departure and altitude statistics, future residents ofthe proposed Heritage Project will experience significant aircraft overflight and single event noise. It has been the ALUC's experience that residential uses located under aircraft approach and departure corridors generate a significant number of noise complaints from the affected residents. The City should give consideration as to how these noise complaints will be addressed should the City Council overmle the ALUC and approve the proposed project. Because of the frequency of the overflights, the ALUC does not agree with Finding Section (F) ofthe City's draft resolution stating that the aircraft overflights rill be mitigated by the existing curfew at JWA . ALUC Heritage Overrule Response Januar) 15, 2016 Page 3 Also, please be advised that California Business & Professions Code Section 11010 requires the following statement to be included on sale/lease disclosure documents for developments within an ALUC's "Airport Influence Area:" "NOTICE OF AIRPORT IN VICINITY This property is presently located in the vicinity of an airport, within what is known as an airport influence area. For that reason, the property may be subject to some of the annoyances or inconveniences associated with proximity to airport operations (For example: noise, vibration, or odors). Individual sensitivities to those annoyances can vary from person to person. You may wish to consider what airport annoyances, if any, are associated \Vith the property before you complete your purchase and determine whether they are acceptable to you." Regarding the proposed residential component of the project, please refer to Attachment 5, which shows existing residential land uses in the project area. Note that the land uses on both sides of Red Hill A venue from the JW A area northward to beyond the project site are comprised of non-residential uses. Such non-residential uses are clearly more compatible than residential uses under the JW A aircraft approach corridor. As stated in the JWA AELUP, the ALUC has the responsibility to consider the broader perspective in matters affecting the public's well being and the viability of public aviation facilities . The ALUC accomplishes these overall goals by applying its discretion to evaluate individual projects based upon a wide range of facts and factors gathered through public testimony and Commissioners' knowledge, in addition to informative analysis provided by staff. By virtue of being clearly stated in JWA AELUP Sections 1.2 '·Purpose and Scope" and 2.0 .. Planning Guidelines,'' every Commissioner understanqs the complex legal charge to protect the public airport environs from encroachment by incompatible land use development, while simultaneously protecting the health, safety and welfare of citizens who work and live in the airpo11's environs. To this end, and as also statutorily required, our ALUC proceedings are benetited by several members ' ·having expertise in aviation." Based upon our careful consideration of all information provided, and input from our members with expertise in aviation, a majority of the ALUC found the proposed Heritage Project to be inconsistent with the JWA AELUP. We urge the City Council of the City of Santa Ana to take all these matters into consideration in their deliberations prior to deciding whether to overrule the ALUC. Thank you for the opportunity to provide these comments. Sincerely, . /' q~ ') ~ U'?«t~. ~d J ''L r' Gerald A. Bresnahan Chairman r;'fic.l.lh·ve 0/Jir..er I ALUC Heritage Overrule Response January 15,2016 Page 4 cc: Members of the Airport Land Use Commission for Orange County Members of City of Santa Ana City Council Gary Cathey, Chief/Division of Aeronautics AIRPORT LAND USE COMMISSION FOR ORANGE COUNTY 3160 Airway Avenue • Costa Mesa, California 92626 • 949.252.5170 fax: 949.252.6012 January 15,2016 Amy Vazquez, Contract Planner City of Anaheim Planning Department 200 S. Anaheim Boulevard Anaheim, CA 92805 Subject: Olson Manchester Townhomes Dear Ms. Vazquez: Thank you for the oppm1unity to review the Mitigated Negative Declaration (MND) for the proposed Olson Manchester Townhomes. The proposed project is not located within the Noise Impact Zones, Clear Zone, OL)-feight Restriction Zone for Fullerton Municipal Airport (FMA) or Joint Forces Training Base Los Alamitos. Therefore, the Airport Land Use Commission (ALUC) for Orange County has no comment on the MND related to land use, noise or safety compatibility with the Ailport Environs Land Use Plan (AELUP) for FMA or Joint Forces Training Base, Los Alamitos. Although the proposed development i~ ).P~ated outside of the ~irport Plann~ng Areas, please be aware that development proposals whiCh mclude the constructiOn or alteration of a structure more than 200 feet above ground level, require filing wit11 the Federal Aviation Aaministration (FAA). Structures meeting this threshold must comply with procedures provided by Federal and State law, with the referral requirements of ALUC, and ith all conditions of approval imposed or recommended by the FAA and ALUC including filing a Notice of Proposed Construction or Alteration (FAA Form 7460-1 ). The proposed project does not i elude the development of heliports or helistops. For your information, should the development of heliports occur within your jurisdiction, proposals to develop new heliports must be submitted1hrough the City to the ALUC for review and action pursuant to Public Utilities Code Section 21661.5. Proposed heliport projects must comply fully with the state permit procedure provided by law and with all conditions of approval imposed or recommended by FAA, by the ALUC for Orange County and by Caltrans/Division of Aeronautics. Thank you again for the opportunity to comment on this MND. Please contact Lea Choum at (949) 252-5123 or via email at lchoum@ocair.com should you have any questions related to the Airport Land Use Commission for Orange County. ~/.~~~ KariA. Rigoni Executive Officer AIRPORT LAND USE COMMISSION FOR ORANGE COUNTY 3160 Airway Avenue • Costa Mesa, California 92626 • 949.252.5170 fax: 949.252.6012 January 14, 2016 Art Bashmakian, Planning Manager City of Westminster 8200 Westminster Boulevard Westminster, CA 92683 Subject: NOP of DEIR for the City of Westminster General Plan Update Dear Mr. Bashmakian: Thank you for the opportunity to review the Notice of Preparation (NOP) for the City of Westminster General Plan pdate in the context of the Airport Environs Land Use Plan (AELUP) for Joint Forces Training Base (JFTB), Los Alamitos. We wish to offer the following comments and respectfully request consideration of these comments as you proceed with your DEIR and General Plan (GP) Update. The City of Westminster is located within the AELUP Notification Area for JFTB, Los Alamitos. The DEIR and GP should address height restrictions and imaginary surfaces by discussing Federal Aviation Administration (FM) Federal Aviation Regulation (FAR) Part 77 as the criteria for determining height restrictions for projects located within the airport planning area. To ensure the safe operation of ai craft at JFTB, Los Alamitos, structures any here in the airport planning area should not exceed the applicable elevations defined in FAR P~rt 77 (Objects Affecting Navigable Air Space). As noted in the initial study, the City of Westminster's building height limits are in the City's zoning gode, not the General Plan. We recommend the General Plan include height policy language and a mitigation measure in the EIR that states that no buildings will be allowed to penetrate the FAR Part 77 imaginary surfaces for JFTB, Los Alamitos to ensure the protection of its airspace. Also, with respect to building heights, development proposals within the City, which include the construction or alteration of structures more than 200 feet above ground level, require filing with the FAA and Airport Land Use Commission (ALUC) notification. Projects meeting this threshold must comply with procedures provided by Federal and State law, and with all conditions of approval imposed or recommended by FAA and ALUC including filing a Notice of Proposed Construction or Alteration (FAA Form 7460-1). Depending on the maximum building heights that will be allowed within the General Plan, the City may wish to consider a mitigation and condition of approval specifying this 200 feet above ground level height threshold. In addition, an~ project that penetrates the Notification Surface for JFTS, Los Alamitos is required to file FAA Form 7460-1. ALUC Comm~nls- NOP Westmmst.:r GP Update January 14.2016 Page 2 No portions ofthe City of Westminster fall within the 60 or 65 dBA CNEL noise contours for JFTB, Los Alamitos. However, we agree with the discussion in the initial study stating that the proposed project is within the AELUP area for JFTB, Los Alamitos and that future development in accordance with the General Plan Update would increase or intensify development in that area. Therefore, buildout of the proposed project would potentially expose residents or workers in the project area to excessive noise levels related to aircraft movement and will be further discussed in the EIR. This is important to note since the GP Update will be designating the current Planned Development (PO) designation to mixed-use. We also recommend that the DEIR and the GP Update identify ifthe development of heliports is allowed within your jurisdiction. Should the development of heliports occur within your jurisdiction, proposals to develop new heliports may be submitted through the City to the ALUC for review and action pursuant to Public Utilities Code Section 21661.5. Proposed heliport projects must comply fully with the state permit procedure provided by law and with all conditions of approval imposed or recommended by FAA, by the ALUC for Orange County and by Caltrans/Division of Aeronautics. To address consistency with the AELUP for Heliports we suggest adding the following language to your GP Update and inclusion as a mitigation measure in the EIR: .. The City will ensure that development proposals including the construction or operation of a heliport or helistop comply fully with permit procedures under State law, including referral of the project to the ALUC by the applicant, and with all conditions of approval imposed or recommended by the Federal Aviation Administration (FAA), ALUC, and Cal trans, including the filing of a Form 7480-1 (Notice of Landing Area Proposal) with the FAA. This requirement shall be in addition to all other City development requirements." Section 21676(b) of the PUC requires that prior to the amendment of a general plan or specific plan, or the adoption or approval of a zoning ordinance or building regulation within the planning boundary established by the Airport Land Use Commission pursuant to Section 21675, the local agency shall first refer the proposed action to the ALUC. To ensure land use compatibility with JFTB, Los Alamitos, we recommend that the City include policy in its General Plan and a mitigation measure in the EIR, that states that the City shall refer projects to the Airport Land Use Commission (ALUC) for Orange County as required by Section 21676 of the California Public Utilities Code to determine consistency of projects with the AELUP for .JFTB. Los Alamitos. With respect to project submittals, please note that the Commission wants such referrals to be submitted to the ALUC for a determination, between the Local Agency's expected Planning Commission and City Council hearings. Since the ALUC meets on the third Thursday afternoon of each month, submittals must be received in the ALUC office by the first of the month to ensure sufti.cient time for review, analysis, and agendizing. ' TJank you again for the opportunity to comment on the NbP. Please contact Lea Choum at (949) 252-5123 or via email at lchoum@ocair.com should any questions arise. ALUC Comments-NO!' Costa Mesa Gl' Amendment January 14. :!0 16 Page 3 ::;;;/£' ~ '. K an' A .R 1gom Executive Officer AIRPORT LAND USE COMMISSION FOR ORANGE COUNTY 3160 Airway Avenue • Costa Mesa, California 92626 • 949.252.5170 fax: 949.252.6012 December 15,2015 Claire Flynn Assistant Development Services Director City of Costa Mesa 77 Fair Drive Costa Mesa, CA 92626 Subject: NOP of DEIR for the City of &osta Mesa General Plan Amendment Dear Ms. Flynn: Thank you for the opportunity to review the Notice of Preparation (NOP) for the City of Costa Mesa General Plan Amendment in the context of the Airport Environs Land Use Plan (AELUP) for John Wayne Airport (JWA). We wish to offer the following comments and respectfully request consideration of these comments as you proceed with your DEIR and General Plan (GP) Amendment. The City of Costa Mesa is located within the AELUP Notifioation Area for JW A. llhe DEIR and GP should addn~ss height restrictions and imaginary surfaces by discussing Federal Aviation Administration qF AA) Federal Aviation egulation (FAR) Part 77 as the criteria for determining height restrictions for projects located within the airport planning area. To ensure the safe operation of aircr:;ffl activity at JW A, structures anywhere in the JW A airport planning area should not exceed the ap Iicable elevations (iefined in FAR Part 77 ( bjects Affecting Navigable Air Space). The General Plan should includ~height policy language and a mitigation measure in the EIR tbat states that no buildings will be allowed to penetrate the FAR Part 77 imaginary surfaces for JWA to en·sure the protection of its airspace. Also with respect to building heights, development proposals within the City, which include the construction or alteration of structures more than 200 feet above ground level, require filing with the FAA and Airport Land Use Commission (ALUC) notification. Projects meeting this threshold must comply with procedures provided by Federal and State law, and with all conditions of approval imposed or recommended by FAA and ALUC including filing a Notice of Proposed Construction or Alteration (FAA Form 7460-1). Depending on the maximum building heights that will be allowed within the General Plan, the City may wish to consider a mitigation and condition of approval specifying this 200 feet above ground level height threshold. In addition, any project that penetrates the Notification Surface for JW A is required to file FAA Form 7460-1. ALUC Comm~nts- o~ccmbcr NOP Costa Mesa GP Update 15. 2015 Page 1 Portions of the City of Costa Mesa fall within the 60 and 65 dB( A) CNEL noise contours for JWA. The DEIR and GP Update should include policies and mitigations for development within these contours, especially if residential development is permitted. Per the AELUP for JWA, all residential units within the 65 db CNEL contour are typically inconsistent in this area unless it can be shown conclusively that such units are sufficiently sound attenuated for present and projected noise exposure so as not to exceed an interior standard of 45 dB CNEL. However, the ALUC recommends that residential uses not be permitted within the 65 dB CNEL contour. As for residential development within the 60 db CNEL contour, the ALUC may not find residential units incompatible in this area, but would strongly recommend that residential units be limited or excluded from this area unless sufficiently sound attenuated not to exceed an interior level of 45 dB. We also recommend that the DEIR and the GP Update identify if the development of heliports is allowed within your jurisdiction. Should the development of heliports occur within your jurisdiction, proposals to develop new heliports may be submitted through the City to the ALUC for review and action pursuant to Public Utilities Code Section 21661.5 . Proposed heliport projects must comply fully with the state permit procedure provided by law and with all conditions of approval imposed or recommended by FAA, by the ALUC for Orange County and by Caltrans/Division of Aeronautics. To address consistency with the AELUP for Heliports we suggest adding the following language to your GP Update and inclusion as a mitigation measure in the EIR: "The City will ensure that development proposals including the construction or operation of a heliport or helistop comply fully with permit procedures under State law, including refeiTal of the project to the ALUC by the applicant, and with all conditions of approval imposed or recommended by the Federal Aviation Administration (FAA), ALUC, and Cal trans, including the filing of a Form 7480-1 (Notice of Landing Area Proposal) with the FAA. This requirement shall be in addition to all other City development requirements." Section 21676(b) of the PUC requires that prior to the amendment of a general plan or specific plan, or the adoption or approval of a zoning ordinance or building regulation within the planning boundary established by the Airport Land Use Commission pursuant to Section 21675, the local age~cy shall first refer the proposed action to the ALUC. To ensure land use compatibility with JWA, we recommend that the City include policy in its General Plan and a mitigation measure in the EIR, that states that the City shall refer projects to the Airport Land Use Commission (ALUC) for Orange County as required by Section 21676 of the California Public Utilities Code to determine consistency of projects with the AELUP for JWA. With respect to project submittals, please note that the Commission wants such refeiTals to be submitted to the ALUC for a determination, between the Local Agency's expected Planning Commission and City Council hearings. Since th~ ALUC meets on the third Thursday afternoon of each month, submittals must be received in the ALUC office by the first of the month to ensure sufficient time for review, analysis, and agendizing. AI UC Comm~nts-NOP D~cembcr Costa Mesa GP Amendment 15. 2015 Page 3 Thank you again for the opportunity to comment on the NOP. Please contact Lea Choum at (949) 252-5123 or via email at lchoum@ocair.com should any questions arise. Sincerely, ~~~ Kari A. Rigoni Executive Officer AIRPORT LAND USE COMMISSION FOR ORANGE COUNTY 3160 Airway Avenue • Costa Mesa, California 92626 • 949.252.5170 fax: 949.252.6012 December 7, 2015 Mr. G. Scott Koehm, Senior Planner City of Anaheim Planning Department 200 S. Anaheim Boulevard Anaheim, CA 92805 Subject: La Palma Village Dear Mr. Koehm: Thank you for the opportunity to review the Mitigated Negative Declaration (MND) for the proposed La Palma Village Project. The proposed project is not located within the Noise Impact Zones, Clear Zone, or Height Restriction Zone for Fullerton Municipal Airport (FMA) or Joint Forces Training Base Los Alamitos. Therefore, the Airport Land Use Commission (ALUC) for Orange County has no comment on the MND related to land use, noise or safety compatibility with the Airport Environs Land Use Plan (AELUP) for FMA or Joint Forces Training Base, Los Alamitos. Although the proposed development is located outside of the Airport Planning Areas, please be aware that development proposals whicb include the construction or alteration of a structure more than 200 feet above ground level, require filing with there eral Aviation Administration (FAA). Structures meeting this threshold must comply wit procedures provided by Federal and State law, with the referral requirements of ALUC, anlJ ith all conditions of approval imposed or recommended by the FAA and A~U inalyding filing a Notice of Proposed Construction or Alteration (FAA Form 7460-1 ). The proposed project ·does not include the development of heliports or helistops. For your information, should the development of heliports occur Wtithin your jurisdiction, proposals to develop new heliports must be submitted through the Citytothe ALUC for review and action pursuant to Public Utilities Gode Section 21661.5. Proposed heliport projects must comply fully with the state permit procedure provide(i by law and with all conditions of approval imposed or recommended by FAA, by the ALUC for Orange County and by Caltrans/Division of Aeronautics. Thank you again for the opportunity to comment on this MND. Please contact Lea Choum at (949) 252-5123 or via email at lchoum@ocair.com should you have any questions related to the Airport Land Use Commission for Orange County. Sincerely, ~e:::~ ~... K an A. Rtgont Executive Officer AIRPORT LAND USE COMMISSION FOR ORANGE COUNTY 3160 Airway Avenue • Costa Mesa, California 92626 • 949.252.5170 fax: 949.252.6012 November 17, 2015 Melissa Chao, Senior Planner City of Irvine P.O. Box 19575 Irvine, CA 92623-9575 Subject: Masimo Corporation Zone Change Dear Ms. Chao: Thank you for the opportunity to review the Notice oflntent (NO I) to adopt a Mitigated Negative Declaration (MND) for the proposed Zone Change for Planning A.rea 31, Masimo Corporation. The proposed project area is not located within the Airport Planning Area fo John Wayne Ail]) rt (JWA). Therefore,,the Orange County Airport Land Use Commission ALUC) ha no comment on this proposed project related to land use, noise or safety compatibility with the AirRort Environs Land Use Plan (ABLUP) for JWA. Although the proposed development is \ocated outside of the Airport Planning Area for JWA, please be. aware that development proposals which include the construction or alteration of a Stlit cture.-more than 200 feet above ground leyel require filing 'Y-":ith the Federal A viaf on Administration {FAA). "Projects meeting this threshold must comply with procedures provided b):: Fede-ral and State law, with the notification requirements of the ALUC, and with all Gonditions of approval imposed or recomm®ded by the FAA and ALUC including filing a Notice of Proposed Cons UGtion or Alteration (f;AA Form 7460-1 ). The MND should address these requirements if building heights in excess of 200 feet above ground level are to be permitted under the proposed Zoning designations for this Planning Area. In addition, the MND should identify if the project allows for heliports as defined in the Orange County AELUP for Heliports. Should the development of heliports occur within your jurisdiction, proposals to develop new heliports must be submitted through the city to the ALUC for review and action pursuant to Public Utilities Code Section 21661.5. Proposed heliport projects must comply fully with the state permit procedure provided by law and with all conditions of approval imposed or recommended by FAA, by the ALUC for Orange County and by Caltrans/Division of Aeronautics. ALUC Comnwnts P/\31 Zone Chang.: II 1711 5 Pag.: 2 Thank you again for the opportunity to comment on the proposed MND. Please contact Lea Choum at (949) 252-5123 or via email at lchoum@.ocair.com should you have any questions related to the Airport Land Use Commission for Orange County. Kari A. Rigoni Executive Officer JOHN WAYNE AIRPORT POSTS JANUARY 2016 STATISTICS I John Wayne Airpor ... Page 1 of2 March 9, 2016 JOHN WAYNE AIRPORT POSTS JANUARY 2016 STATISTICS SANTA ANA, Calif.- Airline passenger traffic at John Wayne Airport increased in January 2016 as compared with January 2015. In January 2016, the Airport served 812,760 passengers, an increase of 10.3% when compared with the January 2015 passenger traffic count of 736,666. Commercial aircraft operations increased 13.5% and commuter aircraft operations decreased 57.2% when compared with January 2015 levels. Total aircraft operations increased in January 2016 as compared with the same month in 2015. In January 2016, there were 21,197 total aircraft operations (takeoffs and landings), a 2.5% increase compared to 20,679 total aircraft operations in January 2015. General aviation activity, which accounted for 65.8% of the total aircraft operations during January 2016, decreased 0.9% when compared with January 2015. http://www .ocair.com/newsroom/news/?nr=nr-20 16-03-09&tr=no JOHN WAYNE AIRPORT POSTS JANUARY 2016 STATISTICS I John Wayne Airpor ... Page 2 of2 John Wayne Airport Monthly Airport Statistics- January 2016 January January 2016 2015 Total Passengers 812,760 736,666 10.3% 812,760 736,666 10.3% Enplaned Passengers 405,594 368,215 10.2% 405,594 368,215 10.2% Deplaned Passengers 407,166 368,451 10.5% 407,166 368,451 10.5% Total Aircraft Operations 21 '197 20,679 2.5% 21,197 20,679 2.5% General Aviation 13,883 14,005 -0.9% 13,883 14,005 -0.9% Commercial 7,140 6,290 13.5% 7,140 6,290 13.5% Commuter1 122 285 -57.2% 122 285 -57.2% 52 99 -47.5% 52 99 -47.5% 2,166 1,623 33.5% 2,166 1,623 33.5% %Change Year-to-Date Year-to-Date %Change 2016 2015 Military Air Cargo Tons 2 %Change Year-to-Date Year-to-Date 2016 2015 %Change 3 International Statistics (included in totals above) January January 2016 2015 Total Passengers 32,579 17,988 81.1% 32,579 17,988 81.1% Enplaned Passengers 15,290 8,662 76.5% 15,290 8,662 81.1% Deplaned Passengers 17,289 9,326 85.4% 17,289 9,326 85.4% 318 188 69.1% 318 188 69.1% Total Aircraft Operations 1 Aircraft used for regularly scheduled air service, configured with not more than seventy (70) seats, and operating at weights not more than ninety thousand (90,000) pounds. 2 All-Cargo Carriers: 1,932 tons Passenger Carriers (incidental belly cargo): 234 tons (Current cargo tonnage figures in this report are for December 2015) 3 Includes all Canada and Mexico Commercial passengers and operations. http://www .ocair.com/newsroom/news/?nr=nr-20 16-03-09&tr=no JOHN WAYNE AIRPORT POSTS DECEMBER 2015 STATISTICS <em>*REVISED* ... Page I of2 February 2, 2016 JOHN WAYNE AIRPORT POSTS DECEMBER 2015 STATISTICS *REVISED* SANTA ANA, Calif.- Airline passenger traffic at John Wayne Airport increased in December 2015 as compared with December 2014. In December 2015, the Airport served 888,156 passengers, an increase of 10.5% when compared with the December 2014 passenger traffic count of 803,492. Total passenger traffic for 2015 was 10,180,258, reflecting an 8.5% increase over 2014, and setting a new record for passengers served in a year at John Wayne Airport. Commercial aircraft operations increased 11.9% and commuter aircraft operations decreased 3.5% when compared with December 2014 levels. Total aircraft operations increased in December 2015 as compared with the same month in 2014. In December 2015, there were 21,970 total aircraft operations (take-offs and landings), a 16.8% increase compared to 18,806 total aircraft operations in December 2014. General aviation activity, which accounted for 65.8% of the total aircraft operations during December 2015, decreased 6.3% when compared with December 2014. http://www. ocair. com/newsroom/news/?nr=nr-2 0 16-02 -02&tr=no JOHN WAYNE AIRPORT POSTS DECEMBER 2015 STATISTICS <em>*REVISED* ... Page 2 of2 John Wayne Airport Monthly Airport Statistics - December 2015 *REVISED* Year-to-Date 2015 2014 December 2015 2014 Total Passengers 888,156 803,492 10.5% 10,180,258 9,386,033 8.5% Enplaned Passengers 440,822 396,936 11 .1% 5,082,461 4,681,292 8.6% Deplaned Passengers 447,334 406,556 10.0% 5,097,797 4,704,741 8.4% Total Aircraft Operations 21,970 18,806 16.8% 260,689 269,189 -3.2% General Aviation 14,448 12,045 20.0% 174,989 187,137 -6.5% Commercial 7,185 6,422 11.9% 81,288 77,615 4.7% Commuter1 278 288 -3.5% 3,556 3,638 -2.3% 59 51 15.7% 856 799 7.1% 1,458 1,284 13.6% 17,679 17,127 3.2% %Change Year-to-Date Year-to-Date %Change 2015 2014 Military Air Cargo Tons 2 %Change Year-to-Date December %Change 3 International Statistics (included in totals above) December December 2015 2014 Total Passengers 36,026 20,652 74.4% 324,229 276,733 17.2% Enplaned Passengers 18,680 10,822 72.6% 164,164 139,285 17.9% Deplaned Passengers 17,346 9,830 76.5% 160,065 137,448 16.5% 326 196 66.3% 3,053 2,705 12.9% Total Aircraft Operations 1 Aircraft used for regularly scheduled air service, configured with not more than seventy (70) seats, and operating at weights not more than ninety thousand (90,000) pounds. 2 All-Cargo Carriers: 1 ,259 tons Passenger Carriers (incidental belly cargo): 199 tons (Current cargo tonnage figures in this report are for November 2015) 3 Includes all Canada and Mexico Commercial passengers and operations. http:/lwww .ocair.com/newsroom/news/?nr=nr-20 16-02-02&tr=no JOHN WAYNE AIRPORT POSTS NOVEMBER 2015 STATISTICS I John Wayne Airp ... Page 1 of2 December 28, 2015 JOHN WAYNE AIRPORT POSTS NOVEMBER 2015 STATISTICS SANTA ANA, Calif. -Airline passenger traffic at John Wayne Airport increased in November 2015 as compared with November 2014. In November 2015, the Airport served 876,748 passengers, an increase of 14.3% when compared with the November 2014 passenger traffic count of 767,315. Commercial aircraft operations increased 11.5% and commuter aircraft operations increased 1.8% when compared with November 2014 levels. Total aircraft operations decreased in November 2015 as compared with the same month in 2014. In November 2015, there were 22,391 total aircraft operations (take-offs and landings), a 0.9% decrease compared to 22,591 total aircraft operations in November 2014. General aviation activity, which accounted for 67.1% of the total aircraft operations during November 2015, decreased 5.8% when compared with November 2014. http://www.ocair.com/newsroom/news/default?nr=nr-20 15-12-28 JOHN WAYNE AIRPORT POSTS NOVEMBER 2015 STATISTICS I John Wayne Airp ... Page 2 of2 John Wayne Airport Monthly Airport Statistics - November 2015 November November %Change Year-to-Date Year-to-Date 2015 2014 %Change 2015 2014 Total Passengers 876,748 767,315 14.3% 9,292,102 8,582,541 8.3% Enplaned Passengers 437,321 382,040 14.5% 4,641,639 4,284,356 8.3% Deplaned Passengers 439,427 385,275 14.1% 4,650,463 4,298,185 8.2% Total Aircraft Operations 22,391 22,591 -0.9% 239,169 250,383 -4.5% General Aviation 15,033 15,956 -5.8% 160,991 175,092 -8.1% Commercial 6,980 6,258 11.5% 74,103 71 '193 4.1% Commuter1 283 278 1.8% 3,278 3,350 -2.1% 95 99 -4.0% 797 748 6.6% 1,596 1,588 0.5% 16,221 15,843 2.4% November November %Change Year-to-Date Year-to-Date %Change 2015 2014 Military Air Cargo Tons 2 3 International Statistics (included in totals above) 2015 2014 Total Passengers 33,852 18,707 81.0% 288,203 256,081 12.5% Enplaned Passengers 16,989 9,576 77.4% 145,484 128,463 13.2% Deplaned Passengers 16,863 9,131 84.7% 142,719 127,618 11.8% 312 188 66.0% 2,727 2,509 8.7% Total Aircraft Operations 1 Aircraft used for regularly scheduled air service, configured with not more than seventy (70) seats, and operating at weights not more than ninety thousand (90,000) pounds. 2 All-Cargo Carriers: 1,400 tons Passenger Carriers (incidental belly cargo): 196 tons (Current cargo tonnage figures in this report are for October 2015) 3 Includes all Canada and Mexico Commercial passengers and operations. http://www.ocair.com/newsroom/news/default?nr=nr-20 15-12-28 JOHN WAYNE AIRPORT POSTS OCTOBER 2015 STATISTICS <em>*REVISED*</... Page 1 of2 November 30, 2015 JOHN WAYNE AIRPORT POSTS OCTOBER 2015 STATISTICS *REVISED* SANTA ANA, Calif.- Airline passenger traffic at John Wayne Airport increased in October 2015 as compared with October 2014. In October 2015, the Airport served 913,321 passengers, an increase of 12.4% when compared with the October 2014 passenger traffic count of 812,298. Commercial aircraft operations increased 7.0%, while commuter aircraft operations decreased 3.5% when compared with October 2014 levels. Total aircraft operations decreased in October 2015 as compared with the same month in 2014. In October 2015, there were 22,874 total aircraft operations (takeoffs and landings), a 6.3% decrease compared to 24,405 total aircraft operations in October 2014. General aviation activity, which accounted for 67.4% of the total aircraft operations during October 2015, decreased 11.1% when compared with October 2014. http://www.ocair.com/newsroom/news/?nr=nr-2015-11-30 JOHN WAYNE AIRPORT POSTS OCTOBER 2015 STATISTICS <em>*REVISED*</... Page 2 of2 John Wayne Airport Monthly Airport Statistics - October 2015 *REVISED* October October 2015 2014 Total Passengers 913,321 812,298 Enplaned Passengers 456,106 Deplaned Passengers Year-to-Date Year-to-Date 2015 2014 12.4% 8,415,354 7,815,226 7.7% 403,343 13.1% 4,204,318 3,902,316 7.7% 457,215 408,955 11 .8% 4,211,036 3,912,910 7.6% Total Aircraft Operations 22,874 24,405 -6.3% 216,328 227,792 -5.0% General Aviation 15,410 17,340 -11 .1% 145,508 159,136 -8.6% Commercial 7,126 6,657 7.0% 67,123 64,935 3.4% Commuter1 299 310 -3.5% 2,995 3,072 -2.5% 39 98 -60.2% 702 649 8.2% 1,509 1,366 10.5% 14,625 14,255 2.6% %Change Year-to-Date Year-to-Date %Change 2015 2014 Military Air Cargo Tons 2 %Change %Change 3 International Statistics (included in totals above) October October 2015 2014 Total Passengers 30,161 14,748 104.5% 254,351 237,374 7.2% Enplaned Passengers 16,047 7,774 106.4% 128,495 118,887 8.1% Deplaned Passengers 14,114 6,974 102.4% 125,856 118,487 6.2% 282 158 78.5% 2,415 2,321 4.0% Total Aircraft Operations 1 Aircraft used for regularly scheduled air service, configured with not more than seventy (70) seats, and operating at weights not more than ninety thousand (90,000) pounds. 2 All-Cargo Carriers : 1,347 tons Passenger Carriers (incidental belly cargo): 162 tons (Current cargo tonnage figures in this report are for September 2015) 3 Includes all Canada and Mexico Commercial passengers and operations. http://www .ocair.com/newsroom/news/?nr=nr-20 15-11-30