Loading...
HomeMy WebLinkAboutc6johnsonaviation FROM: Derek Johnson, Community Development Director Prepared By: Kim Murry, Deputy Director, Long Range Planning SUBJECT: AMEND SCOPE OF WORK WITH JOHNSON AVIATION TO PROVIDE TECHNICAL ASSISTANCE THROUGH ENVIRONMENTAL REVIEW PROCESS AND AIRPORT LAND USE COMMISSION REFERRAL PROCESS FOR THE LAND USE AND CIRCULATION ELEMENTS UPDATE. RECOMMENDATION Authorize the Community Development Director to increase the scope of work and execute a contract amendment in an amount not to exceed $80,000 under an existing agreement with Johnson Aviation in order to provide technical assistance during the update of the Land Use and Circulation Elements. DISCUSSION Background Nick Johnson of Johnson Aviation has been assisting the City in developing technical information and analysis related to update of the San Luis Obispo County Airport Land Use Plan and constraints that may impact the Land Use Element update. With consideration of land use scenarios that place residential development on the Avila Ranch, San Luis Ranch, and Madonna (off Los Osos Valley Road) sites, it was necessary for the City Council to have technical information that defines adequate safety zones and addresses noise considerations associated with continued and expanded operation of the San Luis Obispo County Regional Airport (Airport) as shown in the adopted Airport Master Plan. Johnson Aviation has been providing that support and developed an airport compatibility report that addresses safety and noise constraints associated with build-out and activity anticipated in the Airport Master Plan. There are three main work efforts for which the City needs assistance from Johnson Aviation: 1. Technical input and review associated with the Environmental Impact Report (EIR). 2. Developing the Land Use and Circulation Element (LUCE) update referral package for the Airport Land Use Commission determination process. 3. Assisting with developing standards and regulations that would accompany the General Plan update. On January 28, 2014, the City Council endorsed further evaluation of new policies and programs in the Airport Chapter of the Land Use Element as part of the update process as well as changed development scenarios that require review through the EIR process. Many of these development scenarios fall within the area covered by the adopted San Luis Obispo County Airport Land Use Plan and the EIR must address issues related to airport compatibility. Meeting Date Item Number 3-4-14 C6 - 1 Johnson Aviation Agreement Amendment #2 Page 2 EIR work The LUCE EIR must address potential impacts associated with land use changes being considered. The physical areas of change include Avila Ranch, San Luis Ranch, Madonna at Los Osos Valley Road, Residential near Los Verdes Park, Sunset/Prado area, and Broad Street Area - all of which are located within the area covered by the adopted San Luis Obispo County Airport Land Use Plan. Johnson Aviation assistance is needed to assist in the environmental review process for both the initial analysis and in the response to comments. This is a highly technical field and one in which the EIR team needs additional professional guidance. ALUC Referral The City is required to refer the LUCE update to the ALUC for a consistency determination. The comprehensive list of referral requirements and detailed analysis listed in Attachment 2 represents a significant work effort that requires technical evaluation of any proposed land use changes. Some of the referral application requirements are fairly simply (albeit onerous) such as, provision of the assessor’s parcel numbers and ownership information for all properties affected by the LUCE update, while other submittal requirements are fairly involved and technical. In order to meet the grant deadline, City staff requires assistance in developing these referral materials. Since this is an undertaking that requires a special expertise, additional services from Johnson Aviation will be required. Development Standards/Regulations In order to implement draft land use concepts and the draft Airport Chapter guidance in the Land Use Element, the City must have companion implementation standards to address airport safety and noise considerations. The technical data and airport operational projections used in the Airport Compatibility Report produced by Johnson Aviation will be used to inform development of overlay zone requirements that describe appropriate land use restrictions for each safety zone, as well as address standard responses to noise associated with current and future operations of the airport. Aeronautical and airport land use planning is a highly specialized field of land use planning. The City will need to meet the standards established in the State Aeronautics Act and all provisions of the CA Airport Land Use Planning Handbook in order to achieve a responsible approach to standards or code amendments. If the City Council determines it wishes to pursue the draft land use concepts in the LUCE update, the Public Utilities Code §21676.5b authorizes a local jurisdiction to adopt land use regulations that are consistent with the objectives of the State Aeronautics Act, but are not consistent with an adopted Airport Land Use Plan within an airport area through a statutory overrule process. If done at the General Plan level, subsequent review by the ALUC of individual development projects consistent with the plan considered as part of the overrule process is not required. While this approach is not typical, it will provide the City with the ability to establish safety zones that have a rational nexus to operational, noise and safety data, and future land use decisions would be made solely by the City. It would also provide a method for aligning the appropriate safety zones and land use considerations with the City’s zoning maps and designations, thereby providing more accurate information and certainty for the community. Next Steps Johnson Aviation estimates the cost of support for the three efforts listed above to be $66,940, not including any of the “on call” services called out in the proposal. Staff is recommending an C6 - 2 Johnson Aviation Agreement Amendment #2 Page 3 additional $13,000 be authorized for these on-call services to be used if needed for a total of $80,000. Johnson Aviation was originally selected through a proposal process. The consultant provided a quality and responsive proposal based upon the understanding of the required work from the City. The consultant has demonstrated ongoing competence in the area of aeronautical and airport planning and the necessary professional qualifications. The consultant began work with the City in 2010 and has provided ongoing guidance related to airport issues and is uniquely familiar with the City’s General Plan, the San Luis Obispo County Airport Land Use Plan (ALUP), Airport Master Plan, and State and Federal Guidelines governing the operations and planning of airports. There are a limited number of qualified consultants that provide these services that have the professional background and experience to work on complex regulation of land uses affected by airport operations. CONCURRENCES The City Attorney concurs with this approach to address airport planning. FISCAL IMPACT Johnson Aviation has been paid approximately $94,000 for services to date. The proposal entails an additional $80,000 in costs for consultant services. Funding was identified in the 2013-2015 Financial Plan for consultant services. General Funds in the amount of $30,000 are being requested from consultant services and project expense funds from the 2013-14 budget. Since two of the land use sites under consideration for residential development will be impacted by, and benefit from, any change that accommodates residential development on these sites, City staff has requested that both applicants reimburse the City for a portion of the additional consultant costs. The San Luis Ranch and Avila Ranch developments will each contribute $25,000 to this effort. The contract amendment for Johnson Aviation will not be executed until these developers have signed agreements to cover their share of the costs. ALTERNATIVES 1. The City Council could opt not to authorize additional work from Johnson Aviation. This is not recommended because the evaluation of airport safety and noise as part of the LUCE update EIR involves technical data for which skilled assistance is required. Whatever action the City Council determines is appropriate for the LUCE update needs to be a fully informed choice. In addition, the consistency determination process through the ALUC will require expert assistance in developing the comprehensive materials for the application submittal and in responding to input from the Airport Land Use Commission. 2. The City Council could determine that the two projects that are most impacted by this effort pay the full cost of consultant assistance. While staff recommends these developers assist in paying for this service, the larger issue of airport safety zones, noise information, and land use restrictions currently impacts over 11,000 acres in the City and the Land Use Element needs to incorporate approaches to airport land use planning that address more than just these two developments. C6 - 3 Johnson Aviation Agreement Amendment #2 Page 4 ATTACHMENTS 1. Proposal from Johnson Aviation 2. San Luis Obispo County Airport Land Use Commission bylaws T:\Council Agenda Reports\2014\2014-03-04\JohnsonAviation\CAR-JohnsonAviation.docx C6 - 4 Page 1 of 4 February 11, 2014 Ms. Kim Murry Deputy Director, Long Range Planning Community Development Department City of Perris San Luis Obispo 919 Palm Street San Luis Obispo, CA 93401 Subject: Proposed Amendment 3 to June 23, 2010 Agreement (100-40400-7227) Airport Land Use Planning Consulting Services, San Luis Obispo County Airport Land Use Plan Update Dear Ms. Murry: Thank you for the opportunity to provide this Proposed Amendment 3 to the existing subject Agreement to assist the City of San Luis Obispo (“City”) with airport land use planning for the San Luis Obispo County Regional Airport (“Airport” or “SBP”). The purpose of this Amendment 3 to the Agreement is to support the environmental document development for the Land Use and Circulation Element (“LUCE”) Update of the City’s General Plan, related technical work and conformity determination process with the San Luis Obispo Airport Land Use Commission. We are immediately available to begin work on the project. Proposed Amendment 3 Scope of Work The following is a list of tasks necessary for the project based upon our discussions. These tasks are followed by a preliminary schedule and budget for each task.  Task 3.1: Revise Draft Airport Compatibility Chapter – LUCE Update: Consultant has prepared and submitted to City staff a draft written and graphic report under previous tasks that covers airport land use compatibility within the City of San Luis Obispo. This report is an appendix that supports draft policies and programs in the Airport chapter of the City’s Land Use Element. Additional focus areas will include development of specific zoning regulations within a defined airport overlay zone, use restrictions within the overlay zone and associated development standards. Consultant will revise the report as requested for review and comment by City staff. This task assumes that there will be coordination with both City staff and the LUCE EIR consultant as directed by City staff. The schedule for and completion of this task will be in conjunction with the schedule for the LUCE Update. Task 3.1 Meetings: Assumes 4 Conference Calls for coordination with City staff and LUCE EIR consultant. Deliverable: Two (2) revisions of Airport Compatibility Chapter – LUCE Update.  Task 3.2: Support LUCE Draft EIR Development (Due May 1, 2014): Consultant will work with City staff and the LUCE EIR consultant to address airport land use issues, impacts analysis and related documentation in support of the LUCE EIR consultant’s development of the Draft C6 - 5 Page 2 of 4 EIR for the LUCE Update to the City’s General Plan. This task assumes that there will be coordination with both City staff and the LUCE EIR consultant as directed by City staff. Task 3.2 Meetings: Assumes 6 Conference Calls with City staff and LUCE EIR consultant. Deliverable: Two (2) revisions to airport land use-related sections of the Draft EIR.  Task 3.3: Support LUCE FEIR Development: Consultant will work with City staff and the LUCE EIR consultant to respond to comments provided during the Draft EIR public review period. Responses will need to address airport land use issues, impacts analysis and related documentation and may require assistance with developing mitigation measures in support of the LUCE EIR consultant’s development of the FEIR for the LUCE Update to the City’s General Plan. This task assumes that there will be coordination with both City staff and the LUCE EIR consultant as directed by City staff. Task 3.3 Meetings: Assumes 3 Conference Calls with City staff and LUCE EIR consultant. Deliverable: Written review and comment on airport land use-related sections and potential mitigation measures for the FEIR.  Task 3.4: Prepare Application Submittal of LUCE General Plan Update to ALUC (Due May 20th): Consultant will prepare a complete application, project referral forms and all related supporting information for the LUCE Update to the City’s General Plan. The Consultant will use the forms and checklists provided by the ALUC and will follow the directions provided by the ALUC in its Adopted Bylaws, as amended, in preparing a complete application and project referral. The Consultant will coordinate with City staff and ALUC staff to ensure that all required information and analysis is included and revised (as requested or required by the ALUC staff) until such time as the ALUC staff determines in writing that the application and project referral is complete. Task 3.4 Meetings: Assumes 6 conference calls to coordinate with City staff and ALUC staff. Deliverables: Complete ALUC Application and referral forms as determined in writing by the ALUC Staff. On-Call Tasks The following additional tasks are included for the City’s planning and budgeting purposes only and would be requested and authorized on an on-call, as-needed basis. City staff would coordinate with the Consultant to request specific assistance within a defined scope, schedule and budget. The Consultant will make every reasonable effort to assist the City with these efforts. An estimated cost per in-person meeting and conference call or web conferencing is included to assist the City with planning and budgeting these potential services.  Task 3.5: Coordinate with City Staff, GIS, City Council (On-Call): Consultant will meet with the City staff and the San Luis Obispo City Council to address airport land use planning, LUCE Update requirements as requested. This task would likely include meeting preparation, C6 - 6 Page 3 of 4 development of presentation materials, technical findings development, public hearings and related consultation. City staff will provide guidance and authorization for any services performed under this task.  Task 3.6: Coordinate with ALUC Subcommittee (On-Call): Consultant would likely meet with the ALUP Subcommittee of the SBP ALUC to cover specific technical airport land use planning and LUCE Update requirements. These meetings may also cover the ALUP Update that is currently underway by the ALUC Subcommittee as directed by the ALUC. City staff will provide guidance and authorization for any services performed under this task.  Task 3.7: Coordinate with ALUC (On-Call): Consultant would likely meet with the ALUC to cover airport land use planning, LUCE Update requirements. These meetings may also cover the ALUP Update that is currently underway by the ALUC Subcommittee as directed by the ALUC. This task will include meeting preparation, development of presentation materials, public hearings and related consultation. City staff will provide guidance and authorization for any services performed under this task. Proposed Amendment 3 Schedule and Budget This Project is assumed to start in February 2014 and continue for approximately 10 months. Figure 1 provides an overview of the Proposed Amendment 3 Project Schedule for each of the tasks outlined above. Figure 1: Proposed Amendment 3 Project Schedule FebMarAprMayJunJulAugSepOctNovDec Task Task Name Task 3.1Revise Airport Compatibility Chapter - LUCE Update Task 3.2Support LUCE Draft EIR Development Task 3.3Support LUCE FEIR Development Task 3.4Prepare Application Submittal of LUCE Update to ALUC On-Call Tasks Task 3.5Coordinate with City Staff, GIS, City Council Task 3.6Coordinate with ALUC Subcommittee Task 3.7Coordinate with ALUC 2014 The estimated budget for this project is based upon the foregoing scope of work and schedule. It is also based upon our discussions and the City’s planning schedule for the LUCE Update process. Figure 2 provides an outline of the Estimated Amendment 3 Project Budget. C6 - 7 Page 4 of 4 Figure 2: Estimated Amendment 3 Project Budget Task Task Name Estimated Labor Hours Estimated Labor Cost Estimated Expenses Estimated Total Budget Task 3.1Revise Airport Compatibility Chapter - LUCE Update 75 $17,625 Task 3.2Support LUCE Draft EIR Development 45 $10,575 Task 3.3Support LUCE FEIR Development 60 $14,100 Task 3.4Prepare Application Submittal of LUCE Update to ALUC 90 $21,150 On-Call Tasks (See per meeting estimate) Task 3.5Coordinate with City Staff, GIS, City Council Task 3.6Coordinate with ALUC Subcommittee Task 3.7Coordinate with ALUC Estimated Total Budget 270 $63,450 $3,490 $66,940 On-Call Tasks costs would be undertaken on a time and materials basis for specific assignments as directed by City staff. Johnson Aviation has been serving the airport land use planning needs of the City for several years and has made extensive use of web conferencing capabilities to provide high quality and cost-effective consultation to the City for these services. We would continue to provide services in this manner as long as the City is comfortable with this approach. We would also make our staff available for in-person meetings, hearings and briefings when the City staff think that this level of consultation is necessary. Below is a list of hourly and daily costs for these types of services to aid the City with planning and budgeting for these types of on-call services. Web Conferencing/Conference Call Consulting Services:  Nick Johnson hourly rate - $235 per hour  Dorota Skrzypek hourly rate - $180 per hour  Internet/Phone Services provided - $5 per hour In-Person Meeting Consulting Services (1-day trip):  Nick Johnson daily rate - $1,880 maximum  Mileage @ 2014 IRS Rate - $188.70  ME&I Per Diem @ 0.75 of GSA Rate for San Luis Obispo - $49.50  Lodging (2 or more day trip) – at cost (GSA Rate ranges between $105 and $126/night) Our firm looks forward to continuing work with you on this project and we are ready to serve your needs. If you have any questions about this Proposed Amendment 3 to our existing Agreement, please call me. Sincerely, Nick Johnson, Owner Johnson Aviation C6 - 8 ALUC Submittal Checklists 2-14-2014 1 ALUC Submittal Checklist - General Plan or General Plan Amendment  Indication, in writing, that the proposed general plan or general plan amendment is referred to the Airport Land Use Commission for mandatory review, as required by the Public Utilities Code of the State of California.  The full text of the proposed general plan or general plan amendment. If a proposed general plan amendment consists solely of modification of existing land use maps or other existing planning instruments and includes no textual component, the referring agency shall so state.  The identities of all property owners within the land area encompassed by the proposed general plan or general plan amendment, and, if any development or development application has been proposed to the local agency or is known by the local agency to be in preparation in conjunction with the referred plan or amendment, the identities of the applicant or applicants and of the representative(s) thereof.  A full description and map of the geographic area to be included in the general plan or general plan amendment. The map and description must indicate: a. the geographic area encompassed by the proposed local action b. the assessor's parcel number of all properties affected by the proposed action c. the relationship of the land area encompassed by the proposed action to the airport whose land use plan shall form the basis for the consistency determination d. the relationship of the land area encompassed by the proposed action to the airport land use zones as defined by the Airport Land Use Plan in force e. the relationship of the land area encompassed by the proposed action to the projected 55 dB CNEL airport noise contour and the projected 60 dB CNEL airport noise contour, as defined by the Airport Land Use Plan f. the relationship of the land area encompassed by the proposed action to the imaginary airport surfaces defined in FAR, Part 77, Section 77.25 g. the relationship of the land area encompassed by the proposed action to the designated flight path of all planned and published instrument approaches and instrument departure procedures for the airport whose land use plan shall form the basis for the consistency determination h. the location and dimensions of all emergency aircraft landing sites (as defined in the Airport Land Use Plan) within the land area encompassed by the proposed local action i. the location and dimensions of all unobstructable emergency aircraft landing sites (as defined in the Airport Land Use Plan) within 1 /4 mile of the perimeter of the land area encompassed by the proposed local action.  A full indication of permissible land uses, maximum land use density (persons/acre), maximum residential density (dwelling units/acre), and minimum usable open space specified by the current general plan or other applicable land use designation.  A full indication of permissible land uses, maximum land use density (persons/acre), maximum residential density (dwelling units/acre), and minimum usable open space specified by the proposed general plan land use designation. C6 - 9 ALUC Submittal Checklists 2-14-2014 2  An analysis of the maximum elevation of improvements (i.e., site elevation plus height of improvements) which would be permissible under the terms and conditions of the proposed general plan or general plan amendment, and of the relationship of the maximum allowable elevation of improvements to the applicable imaginary airport surfaces as defined in Part 77 of the Federal Aviation Regulations and the minimum instrument approach altitudes, as specified by the U. S. Standards for Terminal Instrument Procedures (TERPS) of any instrument approaches which entail overflight of the property affected.  An analysis of the location and dimensions of emergency aircraft landing sites (as defined herein) which would be preserved if development were to occur to the maximum extent permitted under the terms and conditions of the proposed general plan or general plan amendment.  A copy of any environmental assessment, environmental impact statement, noise study, or other environmental evaluation prepared or required in conjunction with the general plan or general plan amendment. When a general plan or general plan amendment may permit development which will expose people to existing noise levels or projected noise levels under conditions of maximum build-out and/ or airport operation at full capacity which exceed acceptable limits, and when airport-related noise is contributory to such exposure, either as the sole noise source or as a component of a cumulative noise impact, a noise study shall be required for Airport Land Use Commission review of the proposed action.  A copy of the avigation easement to be recorded for each parcel within the general plan area, together with a written assurance that such easements will be required as a condition of any building or use permit issued within the general plan area.  A copy of the required real estate disclosure document, together with a written assurance that a. Proof of such disclosure will be required as a condition for recording any sale or transfer of title b. Any person renting, leasing, or otherwise providing for occupancy real property within the land area encompassed by the general plan or general plan amendment shall provide to the occupant or potential occupant a copy of the required real estate disclosure document.  A statement of acknowledgment and recognition on the part of the referring local agency that any finding on the part of the Airport Land Use Commission that the proposed general plan or general plan amendment is compatible with the Airport Land Use Plan does not constitute a finding that any specific plan or specific plan amendment, zoning ordinance, or building code involving the same area is compatible, nor does a finding of compatibility obviate or diminish the requirement for review of such actions by the Airport Land Use Commission. C6 - 10 ALUC Submittal Checklists 2-14-2014 3 ALUC Submittal Checklist - Review of Proposed Zoning Ordinance  Indication, in writing, that the proposed zoning ordinance is referred to the Airport Land Use Commission for mandatory review, as required by the Public Utilities Code of the State of California.  The full text of the proposed zoning ordinance. If a proposed zoning ordinance consists solely of modification of existing land use maps or other existing planning instruments and includes no textual component, the referring agency shall so state.  The identities of all property owners within the land area encompassed by the proposed zoning ordinance, and, if any development or development application has been proposed to the local agency or is known by the local agency to be in preparation in conjunction with the referred ordinance, the identities of the applicant or applicants and of the representative(s) thereof.  A full description and map of the geographic area to be included in the zoning ordinance. The map and description must indicate: a. the geographic area encompassed by the proposed local action b. the assessor's parcel number of all properties affected by the proposed action c. the relationship of the land area encompassed by the proposed action to the airport whose land use plan shall form the basis for the consistency determination d. the relationship of the land area encompassed by the proposed action to the airport land use zones as defined by the Airport Land Use Plan in force e. the relationship of the land area encompassed by the proposed action to the projected 55 dB CNEL airport noise contour and the projected 60 dB CNEL airport noise contour, as defined by the Airport Land Use Plan f. the relationship of the land area encompassed by the proposed action to the imaginary airport surfaces defined in FAR, Part 77, Section 77.25 g. the relationship of the land area encompassed by the proposed action to the designated flight path of all planned and published instrument approaches and instrument departure procedures for the airport whose land use plan shall form the basis for the consistency determination h. the location and dimensions of all emergency aircraft landing sites (as defined in the Airport Land Use Plan) within the land area encompassed by the proposed local action i. the location and dimensions of all unobstructable emergency aircraft landing sites (as defined in the Airport Land Use Plan) within 1/4 mile of the perimeter of the land area encompassed by the proposed local action.  A full indication of permissible land uses, maximum land use density (persons/acre), maximum residential density (dwelling units/acre), and minimum usable open space specified by the current zoning ordinance or other applicable land use designation.  A full indication of permissible land uses, maximum land use density (persons/acre), maximum residential density (dwelling units/acre), and minimum usable open space specified by the proposed zoning ordinance.  An analysis of the maximum elevation of improvements (i.e., site elevation plus height of improvements) which would be permissible under the terms and conditions of the proposed C6 - 11 ALUC Submittal Checklists 2-14-2014 4 zoning ordinance, and of the relationship of the maximum allowable elevation of improvements to the applicable imaginary airport surfaces as defined in Part 77 of the Federal Aviation Regulations and the minimum instrument approach altitudes, as specified by the U. S. Standards for Terminal Instrument Procedures (TERPS) of any instrument approaches which entail overflight of the property affected.  An analysis of the location and dimensions of emergency aircraft landing sites (as defined herein) which would be preserved if development were to occur to the maximum extent permitted under the terms and conditions of the proposed zoning ordinance.  A copy of any environmental assessment, environmental impact statement, noise study, or other environmental evaluation prepared or required in conjunction with the zoning ordinance. When a zoning ordinance may permit development which will expose people to existing noise levels or projected noise levels under conditions of maximum build-out and/or airport operation at full capacity which exceed acceptable limits, and when airport-related noise is contributory to such exposure, either as the sole noise source or as a component of a cumulative noise impact, a noise study shall be required for Airport Land Use Commission review of the proposed action.  A copy of the avigation easement to be recorded for each parcel within the area encompassed by the zoning ordinance, together with a written assurance that such easements will be required as a condition of any building or use permit issued within the specific plan area.  A copy of the required real estate disclosure document, together with a written assurance that a. roof of such disclosure will be required as a condition for recording any sale or transfer of title of property within the planning area and b. any person renting, leasing, or otherwise providing for occupancy real property within the land area encompassed by the zoning ordinance shall provide to the occupant or potential occupant a copy of the required real estate disclosure document.  A statement of acknowledgment and recognition on the part of the referring local agency that any finding on the part of the Airport Land Use Commission that the proposed zoning ordinance is compatible with the Airport Land Use Plan does not constitute a finding that any general plan or general plan amendment, specific plan or specific plan amendment, or building code involving the same area is compatible, nor does a finding of compatibility obviate or diminish the requirement for review of such actions by the Airport Land Use Commission. C6 - 12