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Home My WebLink AboutCC Res 7273 2022-04-11 RESOLUTION 7273 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, MAKING DRAFT FINDINGS AND NOTIFYING THE ORANGE COUNTY AIRPORT LAND USE COMMISSION AND THE STATE DIVISION OF AERONAUTICS OF THE CITY'S INTENTION TO FIND THAT THE GENERAL PLAN 2021-2029 HOUSING ELEMENT IS CONSISTENT WITH THE PURPOSES OF THE STATE AERONAUTICS ACT AND OVERRULE THE ORANGE COUNTY AIRPORT LAND USE COMMISSION'S DETERMINATION THAT THE HOUSING ELEMENT IS INCONSISTENT WITH THE 2017 JOINT FORCES TRAINING BASE LOS ALAMITOS AIRPORT ENVIRONS LAND USE PLAN WHEREAS, Section 200 of the City of Seal Beach (" City") Charter vests the City Council with the authority to make and enforce all laws, rules and regulations with respect to municipal affairs subject only to the restrictions and limitations contained in the Charter and the State Constitution, and the power to exercise, or act pursuant to any and all rights, powers, and privileges, or procedures granted or prescribed by any law of the State of California; and, WHEREAS, the City worked with its consultants, the community, Planning Commission and City Council to prepare its General Plan 2021-2029 Housing Element ("Project") as required by Government Code Section 65580 et seg. (Housing Element Law); and, WHEREAS, in accordance with Public Utilities Code Section 21676(b), the City referred the Project to the Orange County Airport Land Use Commission ("ALUC") to review for consistency with the 2017 Joint Forces Training Base Los Alamitos Airport Environs Land Use Plan ("AELUP"); and, WHEREAS, on February 17, 2022, the ALUC, acting pursuant to Public Utilities Code Section 21670, determined that the Project is inconsistent with the AELUP; and, WHEREAS, as the final review authority under Public Utilities Code Sections 21670 and 21676, the City Council may, after a public hearing, overrule the ALUC by a two-thirds vote, if it makes specific findings that the Project is consistent with the purposes of Public Utilities Code Section 21670 regarding the protection of 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; and by providing the ALUC and the Division of Aeronautics of the California Department of Transportation ("Division") with notice of the City's intent to consider overruling the ALUC determination along with specific findings at least 45 days prior to the City's action to overrule the ALUC; and, WHEREAS, the Public Utilities Code provides that the ALUC and the Division shall respond to the notification of the findings of proposed override within 30 days of receiving the proposed resolution and findings; and, WHEREAS, in the event the ALUC or Division's comments are not available within this timeframe, the City may act without them; and, WHEREAS, the comments by the ALUC and Division are advisory to the City under state law; and, WHEREAS, the City Council shall include any comments from the ALUC and the Division in the final record of any final decision by the City Council to overrule the ALUC, which may only be adopted by a two-thirds vote of the City Council; and, WHEREAS, the draft findings attached as Exhibit A to this resolution do not constitute the final findings of the City with regard to the Project's consistency with the purposes of Public Utilities Code Section 21676 and such draft findings may be revised, amended, and/or supplemented as part of any final decision to overrule the ALUC's determination; and, WHEREAS, should the City Council adopt this resolution making the draft findings and declaration an intent to consider overruling the ALUC determination that the Project is inconsistent with the AELUP and directing staff to transmit the required notice to the ALUC and the Division, a public hearing will be required in order for the City Council to make a final decision whether to overrule the ALUC inconsistency determination. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The foregoing recitals are true and correct and are incorporated herein by this reference. Section 2. Declares its intent to conduct a public hearing and its intent to consider overruling the ALUC's determination that the proposed General Plan 2021- 2029 Housing Element is inconsistent with the AELUP based on the following draft findings: a. The 2017 Joint Forces Training Base Los Alamitos Airport Environs Land Use Plan ("AELUP") of the Orange County Airport Land Use Commission ("ALUC") guides the orderly development of the Joint Forces Training Base Los Alamitos ("JFTB") and the surrounding area through implementation of the standards in AELUP Section 2 (Planning Guidelines) and Section 3 (Land Use Policies). Implementation of these standards is intended to protect the public from the adverse effects of aircraft noise, ensure that people and facilities are not concentrated in areas susceptible to aircraft accidents, and ensure no structures or activities adversely affect navigable airspace. b. AELUP Section 2.1 .1 sets forth the Community Noise Equivalent Level ("CNEL") standards. The Project includes the identification of two (2) opportunity sites within the 60 dB CNEL contour for JFTB. No opportunity sites are within the 65 dB CNEL. c. Sections 3.2.3 and 3.2.4, respectively, of the AELUP define the noise exposure in the 60-65 dB CNEL noise contour (Noise Impact Zone 2) as "Moderate Noise Impact" and in the 65-70 dB CNEL noise contour (Noise Impact Zone 1) as "High Impact." Section 3, Table 1 (Limitations on Land Use Due to Noise) of the AELUP identifies residential as "conditionally consistent" with the 60-65 dB CNEL noise contour and "normally inconsistent" with the 65-70 dB CNEL noise contour. However, residential uses are not outright prohibited. Instead, AELUP Section 3.2.3 requires residential uses to be developed with advanced insulation systems to bring the sound after attenuation to no more than 45 dB inside. The City's General Plan Noise Element page N-30 states that indoor noise levels for residential living spaces shall not exceed 45 dB LDN/CNEL. The Noise Element page N-9 further states that exterior noise up to 70 dB LDN/CNEL is conditionally acceptable for multi-family residential. d. The AELUP Section 2.1 .2 (Safety) sets forth zones identified as accident potential zones and clear zones. No Housing Element opportunity 11 sites are located within these identified areas. e. The Project is consistent with the purpose and intent of the AELUP and will not result in incompatible land uses adjacent to the JFTB. The standards and policies set forth in Sections 2 (Planning Guidelines) and 3 (Land Use Policies) of the AELUP were adopted to prevent the creation of new noise and safety problems. As set forth above, any development on the proposed housing opportunity sites will comply with the noise criteria and safety standards established in Sections 2 and 3 of the AELUP. Section 4. The City Council hereby directs City staff to provide notice, in accordance with Sections 21676(b) and 21676.5(a) of the Public Utilities Code, to the ALUC and Caltrans Department of Transportation, Division of Aeronautics, of the City's intent to overrule the ALUC's determination of inconsistency for the Project based on the above findings, at least 45 days prior to the scheduled public hearing date for consideration of the proposed overruling action by the City Council. Section 5. The City Council hereby further directs City staff to take all other actions necessary to effectuate the purpose and intent of this resolution. Section 6. The City Council finds the adoption of this resolution is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(cX2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Specifically, the resolution does not have the potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment because it is limited to the City's proposal to overrule the ALUC's determination. The Project has been independently reviewed and evaluated pursuant to CEQA. Section 7. This resolution shall take effect immediately upon its adoption. PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 11th day of April. 2022 by the following vote: AYES: Council Members: Kalmick, Massa-Lavitt, Moore, Varipapa NOES: Council Members: Sustarsic ABSENT: Council Members: None ABSTAIN: Council Members: None 411/62f44/6C-A. (//) W Joe Kalmick, Mayor ATTEST: �OF.SEAL d�c ;\acoaaoRQlF,,9� Gloria D. Harper, City Clerk e<`C;�%,;., �;CP��cO /NT`I STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution 7273 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 11th day of April, 2022. Gloria D. Harper, City Clerk I I I