AIRPORT LAND USE COMMISSION FOR ORANGE COUNTY 3160 Airway Avenue Costa Mesa, CA 92626 (949) 252-5170 Fax (949) 252-6012

MINUTES OF REGULAR MEETING

November 17, 2016

PLACE: John Wayne Airport Administration Building Airport Commission Hearing Room 3160 Airway A venue Costa Mesa, California 92626

TIME: Regular Meeting called to order at 4:00 p.m. by Chairman Bresnahan

COMMISSIONERS PRESENT: Gerald Bresnahan, Gary Miller, Diane Dixon, Stephen Beverburg, Jeff Mathews, Brendan OReilly

COMMISSIONERS ABSENT:

STAFF PRESENT:

PLEDGE:

Alternate Commissioners Present: Patricia Campbell, Tony Khoury, Schelly Sustarsic

Mark Monin

Kari Rigoni, Executive Officer Lea Cho um, Staff Planner Mat Miller, County Counsel

Chairman Gerald Bresnahan led all present in the Pledge of Allegiance.

ALUC Minutes November 17, 2016 Page 2

APPROVAL OF MINUTES:

The motion to approve the August 18, 2016 ALUC meeting minutes was made by Commissioner Stephen Beverburg and seconded by Commissioner Jeff Mathews. The Commission voted in favor of the motion with four yes votes by Commissioners Beverburg, Bresnahan, Mathews and OReilly and two abstentions by Commissioners Miller and Dixon.

NEW BUSINESS:

1. City of Newport Beach Request for Consistency Review of Museum House Residential Project:

Staff Planner Lea Choum presented the agenda item and explained that the project proponent, Related California Urban Housing, LLC is proposing a I 00-residential unit condominium tower titled the Museum House project. The proposed project includes demolition of the existing 23,632 square foot Orange County Museum of Art building. The proposed tower consists of 25-floors totaling approximately 295 feet from finished grade to the top of the roof-mounted equipment and two levels of subterranean parking. The project site is approximately two acres (86,942 square feet) and is located between Santa Cruz Drive to the east and Santa Barbara Drive to the west. The project site is in Newport Center, which includes residential, hospitality, and high- and low-rise office buildings surrounding the Fashion Island regional mall. The project requires a General Plan Amendment and Zone Change.

The project was reviewed for consistency with the John Wayne Airport (JWA) AELUP. The project is within the Airport Planning Area and Obstruction Imaginary Surfaces for JW A and outside of JW A noise contours. The project applicant filed a 7460-1 form with the FAA and received a Determination of No Hazard from the FAA.

Public speaker Jim Mosher, a Newport Beach resident, raised concerns that while the FAA determined the project would not be a hazard because of other similar height buildings in Fashion Island, he pointed out that the proposed project is significantly closer to the designated air paths for the jets from JW A. He also stated that while the Staff Report refers to the Environmental Impact Report (EIR) for this project it does not refer to the Final EIR where the public made comments and where a concern was raised about two existing Heliports near the project site. Mr. Mosher was concerned that the FAA did not mention that there was an emergency Heliport operated by the Newport Beach Police Department 720 feet away from the proposed high rise building and was also concerned that the City did not bring the comment letter to the attention of ALUC staff.

Kim Brandt, Newport Beach Director of Community Development, discussed that the Newport Beach Police Department no longer has a helicopter stationed at this location, and now primarily operates out of a shared police facility in Huntington Beach. Helicopters would only fly to or from the Newport Beach Police Department facility in emergencies, as needed. Additionally, the comment regarding this heliport was addressed in the City's EIR responses to comments and indicated that the Police Department reviewed the proposed project and had no concerns related to facility operations.

Patrick Stradter, Project Consultant, noted that the 7460-1 determination request to the FAA was filed for each of the proposed building's four corners and four Determinations of No Hazards were received back from the FAA. Mr. Stradter asked if this is relevant to the discussion of heliports and consistency with the

ALUC Minutes November 17, 2016 Page 3

2.

3.

4.

JW A AELUP. Chairman Bresnahan affirmed that it is because it is the Commission's responsibility to protect heliports and the public.

Staff Planner Lea Choum pointed out that the FAA Determination of No Hazard letter did state that the aeronautical study included the consideration and analysis of any impact that the proposed structure would have on existing and planned aeronautical facilities.

After Commission discussion regarding the type of documentation needed to verify if FAA's Determination included review of heliports, it was decided that some form of FAA written documentation should be provided. The City suggested that the consultant could provide that documentation, based upon discussions with FAA, and that it might not be practical to expect a written response from FAA in a short period of time. It was also discussed that the Newport Beach City Council could make its decision based upon evidence provided at its upcoming City Council meeting and that if written FAA verification were to come later, it would be added to the project file . The project applicant indicated that they believed they could get documentation from FAA.

Commissioner Dixon made the motion to find the proposed Museum House Residential Project consistent with the A EL UP.for JWA with the added condition that, prior to this project being presented to the Newport Beach City Council, the applicant provide documentation from FAA confirming that the Newport Beach Police Department heliport was included in its review. The motion was seconded by Commissioner Mathews and passed unanimously 6 - 0.

Chairman Bresnahan asked staff to follow up confirming if the Newport Beach Police Department heliport is listed in the AELUP for Heliports as well as confirming that ALUC staff should review each future project for consistency with the AELUP.for Heliports .

Administrative Status Report:

Executive Officer Kari Rigoni called the Commission's attention to various pieces of correspondence as well as John Wayne Airport statistics for June 2016. In addition she noted that the Draft AELUP for Joint Forces Training Base, Los Alamitos was sent out for public review by ALUC staff and will have a 30 day review. Ms. Rigoni also provided a reminder for the commissioners on ethics training due by the end of 2016.

Proceedings with Consistent Agencies:

Commissioner Beverburg asked about the procedure for reviewing each of the cities for consistency with applicable AELUPs. Executive Officer Kari Rigoni explained that at the time of each AELUP update, each of the cities will be notified and asked to review and submit their General Plans to ALUC for verification of consistency with the AELUPs. The revision is currently underway for the AELUP.for Joint Forces Training Base, Los Alamitos and once completed, the ALUC will then begin an update of the AELUP.for Fullerton Municipal Airport.

Proceedings with Inconsistent Agencies:

Nothing new to report.

ALUC Minutes November 17, 2016 Page 4

5. Items of Interest to the Commissioners:

Commissioner Miller noted that his term on the Seal Beach City Council will end in December of 20 I 6 and committed to staying on the Commission until he is replaced by the City Selection Committee in May of 2017.

6. Items of Interest to the Public:

No one from the public addressed the Commission.

ADJOURNMENT:

There being no further business before the Commission, the meeting was adjourned at approximately 5:00 p.m.

Respectfully submitted,

Kari A. Rigoni Executive OfTicer