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HomeMy WebLinkAbout10-21-2014 ph2 TefftKremke, Kate From: Mejia, Anthony Sent: Monday, October 20, 2014 8:57 AM To: Kremke, Kate Subject: FW: Proposed Overrule of ALUC Determination of Inconsistency Agenda Correspondence 10/21/14 Item PH2. Anthony J. Mejia, MMC I City Clerk c-li'v 111 SAn Wis 01')Ispo 990 Palm Street Sari Luis Ohispc7, CA 93401 tel 1805,/81,71,02 AGENDA CORRESPgNDENCE Date �o `3�° Ytem# 1 F _EIVED OCT 2 0 2014 From: Dr. Robert Tefft [tb30486 @aim.coml Sent: Saturday, October 18, 2014 9:30 PM To: Marx, Jan; Christianson, Carlyn; Ashbaugh, John; Carpenter, Dan; Smith, Kathy; Murry, Kim; Johnson, Derek Cc: xfowler @co.slo.ca.us; brobeson @co.slo.ca.us; estuckey @co.sio.ca.us; rogero @prcity.com Subject: Proposed Overrule of ALUC Determination of Inconsistency For convenience in reading and printing, the following text is also attached as a pdf file. Memorandum Date: October 18, 2014 To: City of San Luis Obispo; Jan Marx - Howell ,Mayor; Carlyn Christianson, Vice - Mayor; John Ashbaugh, Council Member; Dan Carpenter, Council Member; Kathy Smith, Council Member; Derek Johnson, Community Development Department; Kim Murray, Community Development Department From: Robert G. Tefft, MD Re: Proposed Overrule of the Airport Land Use Commission's Determination that the Draft Proposed Land Use and Circulation of the City of San Luis Obispo is Inconsistent with the Airport Land Use Plan for the San Luis Obispo County Regional Airport On July 16 of this year, the Airport Land Use Commission of San Luis Obispo County (ALUC) reached a unanimous determination that the that the currently - proposed Land Use and Circulation Element of the City's General Plan (LUCE) is inconsistent with the duly adopted Airport Land Use Plan for the San Luis Obispo County Regional Airport. At its upcoming meeting on October 21, the City Council (Council) will be asked to overrule that determination of inconsistency. Such action on the part of the Council would, at this time, be both unfortunate and premature. The negative impacts of an overrule at this time can be considered in three broad areas: exposure of residents of San Luis Obispo to excessive noise and safety hazards related to airport operations, potential adverse legal and regulatory actions against the City, and foreclosure of current efforts to achieve consistency between the Airport Land Use Plan and the City's General Plan. a. Exposure of residents to undue noise and safety hazards The proposed LUCE calls for the extensive residential development in areas that are subject to unprecedented levels of aircraft noise and overflight. In one instance, single family housing would replace rural open land at a distance as little as 2500 feet from an active runway and directly under the arrival and departure path. In some planned residential areas, single -event noise levels related to aircraft operations can be expected to exceed 85 decibels — more than ten times the maximum exterior single -event noise level allowed by the City's Noise Element. The Council is urged to consider carefully whether an action to overrule the determination of inconsistency would serve to adequately safeguard the safety and peace of mind of the residents of San Luis Obispo. b. Potential adverse litigation and regulatory actions • The ALUC has been diligent in advising the City that the Johnson Report and the proposed findings for an overrule based on that document are fundamentally flawed, not accurately reflective of the requirements and guidance provided in the California Airport Land Use Planning Handbook, and inadequate to support an overrule. The Division of Aeronautics of the California Department has also reviewed the proposed findings and, in its letter of September 7, 2014, has noted that: "The Division has reviewed the proposed findings provided by the City and has determined the findings are legally insufficient to support the overrule. Specifically, the findings are not consistent with the purposes of the statutes set forth in California Public Utilities Code (PUC), section 21670. The City's findings do not provide substantial evidence that the proposed LUCE will meet the requirements of PUC section 21670(a)(1) &(2)." While your current agenda packet contains a voluminous document prepared by the Community Development Department (CDD) in an attempt to "rehabilitate" its findings, the fact remains that the Division of Aeronautics, the highest authority in the State of California with regard to airport land use planning, has found them to be legally insufficient. If the City proceeds with an overrule without findings adequate to demonstrate consistency with the purposes of the State Aeronautics Act (SAA), the City may be obligated to refer all future individual projects within the airport planning area to the ALUC for a mandatory determination of consistency. Such an outcome would not be optimal nor efficient for either the City or the ALUC. • The Division of Aeronautics has also indicated to the City that the provisions of the LUCE and Airport Overlay Zone (AOZ) are so extensive and specific that they constitute a de facto airport land use compatibility plan for the San Luis Obispo County Regional Airport and that "the proposed LUCE and its implementing zoning regulations do, in fact, usurp the ALUC's authority." In light of this notification, a Council decision to proceed with an overrule may expose both the City and individual council members to a quo warranto action through the office of the Attorney General of the State of California. Such an action could be initiated by the Attorney General's office itself, by the Division of Aeronautics, or by any citizen of the state. • Under the provisions of the State Aeronautics Act, an action by the City to overrule the ALUC's determination of inconsistency will relieve the airport operator of liability for future injury or annoyance related to aircraft operations in the area affected by the overrule. Although not specified by the SAA, it can reasonably be anticipated that such liability will fall upon the City and /or upon potential developers of projects within the area encompassed by the LUCE. The spectre of such liability may well have a chilling effect on future development, even for projects that would otherwise be compatible with the ALUP. c. Foreclosure of efforts to achieve consistency between the LUCE and the Airport Land Use Plan The ALUC is currently nearing completion of a revision to the Airport Land Use Plan for the San Luis Obispo County Regional Airport. This revision has been prepared very thoughtfully and with careful attention to the needs of the City. Some of the proposed changes include: • A reduction of more than 2400 acres in the size of the airport planning area • Relaxation of airport noise standards within areas already occupied by suburban land uses • Expanded provisions relating to infill development It is unfortunate, in contrast to the above, that the Community Development Department has chosen to develop its draft proposed LUCE without input from the ALUC, relying instead on the advice of a highly -paid outside "expert" with no history or experience in airport land use planning in San Luis Obispo County. Recently, however, following input from the California Division of Aeronautics, the CDD appears to be taking a more flexible stance toward achieving consistency between the LUCE and the ALUP. Finding a way forward that meets the goals of both the City and the ALUC would be a highly desirable outcome, as it would reduce the likelihood of future determinations of inconsistency and potential overrules, avert the possibility of litigation, minimize the City's liability, and provide landowners and project proponents a degree of assurance regarding the approval process for future developments. A decision by the Council to overrule the determination of inconsistency and adopt the draft proposed LUCE at this time, however, will make future collaboration between the City and the ALUC vastly more difficult. In particular, the adoption of specific performance standards for individual properties within the airport planning area will eliminate the flexibility needed to reach a middle ground that will allow development to proceed in a manner that is truly consistent with current and future airport operations. It is clear that the citizens of San Luis Obispo will be best - served by a Council decision to defer any overrule of the inconsistency determination. Instead, the Council is urged to instruct the CDD to work collaboratively with the ALUC to bring forward a revised LUCE and an amended ALUP that are mutually compatible and are acceptable to both the Council and the ALUC. Note: Dr. Tefft is an Alternate Commissioner for the Airport Land Use Commission of San Luis Obispo County. The comments contained in this memorandum, however, are his alone, and are not intended, in any way, to represent the views or position of the Airport Land Use Commission. Transmitted electronically on October 18, 2014, with hard copy to follow via United States Postal Service.