projected proceeds from taxes for Fiscal Year 2023-24 are $19,319,748, which is $6,216,491 or 24% below the appropriations limitation.
FISCAL IMPACT
None.
Attachment: 1. Resolution 2023-19 - FY23-24 Appropriations Limit
2. Exhibit A - State of California Price and Population Letter May 2023
3. FY23-24 Appropriations Limit Calculations
RESOLUTION NO. 2023-19
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LOS ALAMITOS, CALIFORNIA, APPROVING AND
ADOPTING THE ANNUAL APPROPRIATIONS LIMIT FOR
FISCAL YEAR 2023-24
WHEREAS, on November 6, 1979, the voters of California added Article XIII to the State Constitution placing limitations on the appropriations of State and local government; and,
WHEREAS, Article XIII B was amended by the voters in November 1990 through the passage of Proposition 111; and,
WHEREAS, Article XIII B requires the City Council to select population and inflation factors for the year’s appropriation limit calculation.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LOS ALAMITOS DOES RESOLVE AS FOLLOWS:
SECTION 1. The City Council of the City of Los Alamitos, California, finds that the above recitals are true and correct.
SECTION 2. The Fiscal Year 2023-24 appropriation limitation shall be $25,536,239 as documented in Exhibit A.
SECTION 3. The inflation factor being utilized to determine the 2023-24 appropriation limit is the percentage change in California per capita personal income.
SECTION 4. The population factor being utilized to calculate the 2023-24 appropriation limit is the County of Orange population growth.
SECTION 5. The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original resolutions.
PASSED, APPROVED AND ADOPTED this 17th day of July, 2023. ________________________________
Tanya Doby, Mayor
ATTEST:
____________________________________
Windmera Quintanar, MMC, City Clerk
CC RESO 2023-19
APPROVED AS TO FORM:
____________________________________
Michael S. Daudt, City Attorney
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF LOS ALAMITOS )
I, Windmera Quintanar, MMC, City Clerk of the City of Los Alamitos, do hereby certify that the foregoing Resolution was adopted at a regular meeting of the City Council held on the 17th day of July, 2023, by the following vote to wit:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
________________________________
Windmera Quintanar, MMC, City Clerk
City of Los Alamitos
CITY COUNCIL AGENDA REPORT
MEETING DATE: July 17, 2023 ITEM NUMBER: 11B
To: Mayor Tanya Doby & Members of the City Council
Presented By: Ron Noda, Development Services Director
Subject: Study Session Item: Airport Land Use Commission’s Determination of Inconsistency related to the City’s 6th Cycle Housing Element Update and the Airport Environs Land Use Plan for Joint Forces Training Base Los Alamitos
SUMMARY
On January 19, 2023, the Orange County Airport Land Use Commission (ALUC) found the City’s 6th Cycle (2021-2029) Housing Element Update to be inconsistent with the 2017 Joint Forces Training Base Los Alamitos Airport Environs Land Use Plan.
The City Council will conduct a Study Session in order to review information related to the ALUC’s finding of inconsistency. While no vote will take place at this meeting, it is important to note that should the City Council determine to override ALUC’s advisory opinion at a future meeting, it will require a four-fifths affirmative vote of the City Council.
RECOMMENDATION
1. Receive information related to the Study Session Item; and,
2. Open the public hearing, receive public testimony, and continue the public hearing to a date certain for consideration of a resolution overruling the ALUC determination.
BACKGROUND
The Orange County Airport Land Use Commission (“ALUC”) is an advisory committee established by State Law in 1969. (Public Utilities Code §§ 21670 et seq.) The ALUC is intended to assist local agencies in ensuring compatible land uses in the vicinity of civilian and military airports. For Los Alamitos, ALUC adopted a land use compatibility plan, known as the 2017 Airport Environs Land Use Plan (“AELUP”) for the Joint Forces Training Base Los Alamitos (“JFTB”), against which land use and planning proposals are compared and evaluated for consistency.
Public Utilities Code (“PUC”) Section 21676(b) requires the City to submit General Plans and General Plan amendments to the ALUC for an advisory consistency determination. In December, 2022, the City submitted the Housing Element to ALUC for review. On January 19, 2023, the ALUC determined that the Housing Element was “inconsistent” with the AELUP due to the following two reasons:
1. The ALUC asserted that noise levels in the 60 to 65 dBA range at Sites 6 (4655 Lampson Avenue) and 10 (5030-5084 Katella) were too high for residential development.
2. The ALUC asserted that Site 7 (Laurel Park) was adjacent to the Accident Potential Zone or Clear Zone for the airport.
The ALUC’s January 19, 2023 agenda report is included as Attachment 1.
On February 21, 2023, the City Council adopted Resolution 2023-04, a Notice of Intent to Overrule the Airport Land Use Commission (ALUC) for Orange County Finding of Housing Element Inconsistency (Attachment 2). As described in that staff report and Resolution, the City made draft findings, based on additional facts and research, that the ALUC’s determination was not appropriate, because the noise levels at Sites 6 and 10 are consistent with acceptable noise levels throughout the City for residential land uses; and because Site 7 is one mile from the nearest safety zone boundary for JFTB.
City staff sent the Notice of Intent to Overrule Resolution to both the ALUC and the California Department of Transportation Aeronautics Division (Caltrans), as required by PUC Section 21676(b), and provided them an opportunity to comment. Both ALUC and Caltrans provided comments, which are advisory only and are included in this report as Attachments 3 and 4.
On May 1, 2023, the California Department of Housing and Community Development (“HCD”) certified the City’s Housing Element, finding the adopted housing element to be in substantial compliance with State Housing Element Law and capable of accommodating the City’s Regional Housing Needs Allocation (“RHNA”) (Attachment 5).
DISCUSSION
The following discussion provides additional information stemming from additional research, which has been ongoing since February. This has been undertaken in consultation with the City’s Housing Element consultant, a certified noise engineer with Rincon Consultants, Inc., (who provided a technical report attached as Attachment 6), staff with the State’s Department of Housing and Community Development, and the Executive Officer of the Orange County Airport Land Use Commission.
As described above and in the background materials attached to this staff report, the ALUC determined the City’s Housing Element was inconsistent based on two issues: noise compatibility and safety. Each of these issues is discussed individually below.
Noise
In order to regulate the impacts of noise throughout the City, as indicated in the staff report of February 21 (Attachment 2), the City relies on its General Plan policies and the Building Code, which are all consistent with ALUC’s Land Use Plan. Specifically, the City allows residential development in areas where the noise levels are 65 dBA or less, based on Growth Management Element Policy 3.5; and requires that interior noise levels be 45 dBA consistent with the California Building Code. In order to assure that the City’s policies were not resulting in a negative impact to residents, the City consulted with a noise engineer
(Attachment 6), and considered other scientific sources of information that describe noise levels and their impacts on people.
Basics of Noise
Some basic information about noise levels frames the determination of significance relating to noise:
• Noise can be made by stationary sources (air conditioning units) or moving sources (street traffic).
• Noise levels are reduced by distance, and obstructions, such as buildings, berms or walls.
• Noise can be measured in several ways, but the most common measurement for noise levels in cities’ general plans is the Community Noise Equivalent Level (CNEL), which is the average noise level over a 24 hour period, which is weighted to account for the quieter noise environment which occurs in the evening and night time.
• The City’s acceptable exterior noise standard for residential uses is 65 dBA CNEL, or an average of 65 dBA over a 24 hour period.
• For comparison, typical conversation is about 60 dBA; a blender is 80-90 dBA; a leaf blower is 110 dBA; and a jet engine taking off is 150 dBA. • Continued exposure to high noise levels can damage people’s hearing and health.
ALUC Noise Standard
Although ALUC’s AELUP considers residential uses to be “Conditionally Consistent” in Zone 2, in which Sites 6 and 10 are located, it nevertheless finds the Housing Element inconsistent with its own policies. Based on ALUC’s analysis, the potential hazard is associated with interior noise levels, which must be 45 dBA CNEL in order to be acceptable. As described below, a reduction to 45 dBA CNEL is required and already established in the City of Los Alamitos by the City’s Building Code.
The ALUC standard is also consistent with the City’s, which already allows residential uses to occur in areas up to 65 dBA exterior, and 45 dBA interior. There is no evidence that the occasional overflights from JFTB result in excessive and incompatible noise levels, since by ALUC’s own findings, the sites occur in a Conditionally Consistent zone and do not exceed 65 dBA.
In addition, as pointed out in the Rincon letter (Attachment 6), other ALUCs have not included restrictions at all for the 60 to 65 dBA zone for smaller airports, such as the Torrance and Hawthorne Municipal Airports in Los Angeles County, and the Oxnard Airport in Ventura County.
Current Noise Environment in the City
Because of its urban environment, the City has high noise levels. Based on noise studies conducted for the General Plan, noise levels next to City streets where residential units already occur are higher than 60 to 65 dBA CNEL, as shown in the Table below.
City of Los Alamitos Ambient Noise Levels
Roadway Segment
Noise Level
(CNEL)
Los Alamitos
Boulevard
Farquhar Avenue to Orangewood Avenue 76.1
Katella
Avenue
I-605 to Los Alamitos Boulevard 78.3
Cerritos
Avenue
Los Alamitos Boulevard to Bloomfield Street 71.1
Source: Los Alamitos 2015.
These are not the only areas where noise levels are higher than 60 to 65 dBA. For example, the area around Site 10 is fully developed with residential units, homes along Bloomfield, north of Cerritos have noise levels of 68.6 dBA CNEL, and homes along Los Alamitos south of Katella have noise levels of 76.0 dBA CNEL.
As previously noted, these noise levels are reduced by distance and obstructions, such as walls, landscaping and homes, so that the living environment in back yards, and within the homes themselves, are lower. These and other locations in the City experience higher noise levels than either Site 6 or 10 will experience, which ALUC predicts will be between 60 and 65 DBA, prior to mitigation such as walls, landscaping or building construction.
Noise Reduction
As described above, the City’s noise standard is that residential uses should not be located in areas where the noise levels are over 65 dBA, unless these higher noise levels can be reduced. These reductions can be made by using setbacks and walls, which can reduce noise by 5 dBA. Standard home construction will reduce noise levels by 10 dBA with windows open, and 20 dBA with windows closed. So a home which is adjacent to a street that generates a noise level of 70 dBA would reduce its outdoor noise to 65 dBA by building a 6 foot solid wall, and its interior noise level to 45 dBA by building with standard construction which includes air conditioning, allowing windows to stay closed.
Attachment 6 also provides a list, on its page 8, of a number of mitigation measures which are available to assure that noise levels are reduced.
The City requires the preparation of noise impact analyses for all residential projects which are located in noisy environments, to demonstrate that noise levels can be reduced to 65 dBA CNEL exterior, and 45 dBA CNEL interior. As described above, these studies can reduce higher noise levels through mitigation to meet these requirements, and would need to be prepared for Sites 6 and 10 as part of any entitlement process. Therefore, the City already has mechanisms in place to assure that any development, including development at Sites 6 and 10, will have an acceptable noise environment for residents who move into potential projects at these sites.
Noise Summary
The City’s already adopted noise standards and requirements for mitigation assure that the impacts of noise associated with airport operations will remain consistent with both the ALUC’s and the City’s noise standards. As such the ALUC’s finding of inconsistency with the Airport Land Use Plan is not supported and the findings for overrule can be made.
Safety
With regard to safety, the only Housing Element Site identified by ALUC as having a safety hazard was Site 7 (Laurel Park). The ALUC identified it as being adjacent to the north departure path of JFTB. In its response of March 28, the ALUC further stated that Site 7 is under the flight path (“pink line”) for the airport.
These assertions or findings, however, are incorrect. Site 7 is located north of the accident safety zone for JFTB, which occurs entirely within the airport boundary. Furthermore, it is not located under the flight path, denoted by the pink line, as shown in the graphic (also see Attachment 7 for a larger version of this graphic), where the park is identified by the red dot.
The ALUC determined that Site 7 was inconsistent because it represented a safety hazard – because it was adjacent to a Clear Zone in its January agenda report (Attachment 1), and because it was below a flight path in its March response to the City’s Notice (Attachment 3). In both instances, as shown above, the findings are incorrect; Site 7, the only Site identified by ALUC as having a safety hazard, is neither in the accident safety zone nor under the flight path for the JFTB.
Therefore, the ALUC’s determination of incompatibility based on protecting the public from safety hazards is not supported and findings overruling ALUC’s determination can be made.
Conclusion
As described above, the Orange County ALUC based its determination that the City’s Housing Element was inconsistent with the AELUP on faulty assumptions. The City has provided extensive background and facts to support a determination of consistency with the
ALUC Land Use Plan as it relates to both noise and safety.
It is also important to note that several issues arise if the City does not overrule the ALUC:
1. The Department of Housing and Community Development (“HCD”) could de-certify the City’s approved Housing Element, because without the ability to effectively process and consider development proposals for Sites 6, 7 and 10, it can be demonstrated that the City has not identified sufficient sites to meet its RHNA. This could result in a number of undesirable consequences, such as:
A. If de-certified, the City would not be able to prevent the development of high-density affordable housing projects even if the proposed developments are inconsistent with the City’s Zoning Code under the so called “Builder’s Remedy” provisions of the Housing Accountability Act. This would not be limited to the sites identified in the Housing Element, but to any site in the City.
B. The City would need to find alternative locations for the 396 units assigned to Sites 6, 7 and 10. This would effectively upzoning other areas of the City for higher residential density that have already absorbed the remaining units that have been assigned to the City through the RHNA process.
2. Pursuant to PUC Section 21676.5, the City would be required to submit to all land use actions, regulations, and permits to ALUC for review and approval. This authorization extends beyond the Sites identified in the Housing Element and would substantially delay City processing of any land use entitlements or building permits. In effect, the City would be delegating its authority to make land use determinations to an outside body (see July 12, 2023 correspondence from ALUC, Attachment 8).
The Cities of Newport Beach, Irvine, Costa Mesa, and Seal Beach recently overruled the ALUC related to John Wayne Airport and JFTB respectively after the ALUC issued similar findings of inconsistency. An action overruling the ALUC inconsistency determination would allow the City to oversee local land use development to the maximum extent possible while retaining its Housing Element certification from the HCD. Failure to do so is likely to result in de-certification of the Housing Element, and in the loss of state grant funding, exposure to increased legal challenges, and loss of local control over land use decisions and building permits.
FISCAL IMPACT
None.
Attachment: 1. ALUC Staff Report, January 19, 2023
2. City Council Staff Report, February 21, 2023
3. ALUC Response, March 28, 2023
4. Caltrans Response, March 29, 2023
5. Housing and Community Development Housing Element Compliance Letter, May 1, 2023
6. Rincon Consultants, June 26, 2023
7. Site 7 Location Map
8. ALUC Correspondance, July 12, 2023
Regular City Council Agenda - July 17, 2023
Item 11B
ATTACHMENT 1
AIRPORT LAND USE COMMISSION
FOR ORANGE COUNTY
3160 Airway Avenue• Costa Mesa, California 92626 • 949.252.5170 fax: 949.252.6012 AGENDA ITEM 1
January 19, 2023
TO: Commissioners/ Alternates
FROM: Lea U. Choum, Executive Officer
SUBJECT: City of Los Alamitos Request for Consideration of Draft Housing Element Update (2021-2029)
Background
The City of Los Alamitos has submitted its 2021-2029 Housing Element Update (''Update") for a consistency review. The Update identifies and analyzes the City's existing and projected housing needs and contains goals, policies, objectives, and programs to address those needs. The City 's Housing Element. was last updated in February 2014, which covered the years 2014 to 2021. It was not submitted to ALUC for a consistency determination.
The Housing Element is one of the seven mandatory elements of the General Plan. Section 65583 ofthe Government Code sets forth the specific requirements ofajurisdiction·s housing element. Included in these requirements are obligations of local jurisdictions to provide for their "fair share" of the regional housing needs. This fair share is determined through the Regional Housing Needs Assessment (RHNA) process which in Orange County is facilitated by the Southern California Association ofGovernments (SCAG). For the 2021 to 2029 planning period, the City of Los Alamitos was allocated a total of 769 housing units, including 194 for very lowincome, 119 for low-income, 145 for moderate-income, and 311 for above-moderate income households.
The City of Los Alamitos surrounds and includes Joint Forces Training Base (JFTB) - Los Alamitos and the entire city is within the Notification/Planning Area (Attachment l ). The Draft Housing Element includes fourteen sites which could accommodate up to 1,295 units. The site locations and detailed information regarding each site is shown in Attachment 2. Sites one through four are existing Mixed Use sites and are currently zoned for Mixed Use. Sites 6 through 10 are currently in non-residential use and would require a change in General Plan Land Use designation as well as Zoning Code changes. Site 11 is currently designated as Multi-Family, but the Zoning would have to change to accommodate additional units. The two sites of most concern are Site 6 at 4655 Lampson A venue, and Site lOat 5030-5084 Katella. Both of these site are in close proximately to the Base and within the 60 CNEL contour.
Agenda Item I - City of Los Alamitos Housing Element Update January 19, 2023
Page2
The City has submitted the Draft Housing Element Update to California Housing and Community Development (HCD) and has held/scheduled the following public hearings:
Planning Commission December 14, 2022
City Council January 24, 2023
AELUP for JFTB Los Alamitos Issues
Regarding Aircraft Noise Impacts
As stated above, the Draft Housing Element Update includes two new housing sites within the 60 dB CNEL as defined in the Airport Environs Land Use Plan (AELUP) for JFTB Los Alamitos (See Attachment 3). Site 6 is located at 4655 Lampson Avenue and could accommodate up to 310 housing units, and Site l 0 located at 5030-5084 Katella could accommodate up to 108 units.
The AELUPfor JFTB Los Alamitos states that residential uses within the 60 dB CNEL/Noise Impact Zone 2 is "Normally Consistent," but that the "noise impact in this area is sufficient to require sound attenuation as set forth in the California Noise Insulation Standards, Title 25, California Code ofRegulations." The Commission strongly recommends that residential units be limited or excluded from this area unless sufficiently sound attenuated. The AELUP states, "the residential use interior sound attenuation requirement shall be a CNEL value not exceeding an interior level of45 dB. In addition, it is recommended that all designated outdoor common or recreational areas within Noise Impact Zone 2 provide outdoor signage informing the public of the presence of operating aircraft."
The City>s Public Facilities and Safety Element includes the following discussion regarding nmse:
"The Airport Environs Land Use Plan (AELUP) is a land-use compatibility plan that describes the effects ofaircraft noise on surrounding areas. Land uses within !he airport planning area boundaries are required to conform to noise restrictions established in the AELUP. Figure 6 shows the 60 and 65 dBA CNEL noise contours from the AELUP. "
In addition, the City's Growth Management Element includes the following polices:
Policy 3.5 New residential units. Do not approve the construction ofnew residential units within the 65 dBA CNEL noise contour for the JFTB.
Policy 3. 6 JFTB noise contours. Require the use ofJFTB noise contours to ensure new development is compatible with the noise environment.
Policy 3. 7 Deed disclosure notice. Provide notice ofaitport in the vicinity where residential development is being proposed within the 60 dBA CNEL noise contours
Agenda Item I - City of Los Alamitos Housing Element Update January 19, 2023
for the Growth Management Element March 2015 Los Alamitos General Plan 6 JFTB. Require that the following language be included as part of the Deed Disclosure Notice.
Please note that as part ofthe submittal to ALUC, the City included exhibits from the 2021 JFTB Los Alamitos noise assessment. Attachment 4 is the finalized JFTB Los Alamitos Aircraft Noise Zone exhibit which was incorporated into the California Installation Compatible Use Zone Study (ICUZ) in March of2022. The report assessed noise levels associated with both current and projected aircraft operations (including the California Army National Guard projected increase in aircraft operations over the next lOyears) and resulted in expanded noise contours. Please refer Attachment 5 which shows the JFTB Los Alamitos noise zones from the 2015 ICUZ study for comparison purposes.
Regarding Height Restrictions
All ofthe City's proposed housing sites are within the Federal Aviation Administration (FAA) Federal Aviation Regulations (FAR) Part 77 Obstruction Imaginary Surfaces for JFTB Los Alamitos (Attachment 6). The horizontal obstruction imaginary surface for JFTB Los Alamitos is at an elevation of 182.4 feet above mean sea level (AMSL). Transitional, approach and conical surfaces vary in elevation and are addressed below for the proposed Housing Element sites.
Proposed housing Sites 1 through 4B are designated as Town Center Mixed Use (TCMU) and will remain TCMU. According to the City's Zoning Code, the TCMU zone has a maximum height of 60 feet. Sites 6 through 10 are sites that would change from non-residential (Commercial & Institutional and Retail Business) to residential uses (R4), and Site 11 would remain in multi-family residential use but change from R3 to R4. The City's Draft Housing Element states that this would "require the creation ofa new zoning designation, R-4" ... and "the height limits would be increased to allow higher rise buildings." Current maximum building heights allowed by the City's Zoning Code for residential districts vary from 30 to 35 feet above ground level (AGL). The City has identified in its Update submittal that development heights are, and will continue to be, consistent with the JFTB imaginary surfaces restrictions to ensure public safety.
The City's Public Facilities and Safety Element includes height restrictions as follows:
"To ensure the safe operation ofaircraft activity al the JFTB, structures anywhere in Los Alamitos or Rossmoor should not exceed the applicable elevations defined in the Federal Aviation Regulations (FAR), Part 77 (Objects Affecting Navigable Air Space). This height restriction is 88 to 200 feet above ground level based on proximity to the runway.
Current zoning standards do not permit development higher than 70 feet in Los Alamitos or Rossmoor. Nevertheless, all developments are subject to FAR Part 77 noticing requirements andmust file the necessary form(s) with the City's Community
Agenda Item I - City ofLos Alamitos Housing Element Update January I 9, 2023
Page4
Development department, the Counly 's Planning division, and the Orange County Ailport Land Use Commission."
Additionally, the City's Growth Management Element includes the following policies:
Policy 3.1 Land use compatibility. Approve development and require mitigation measures to ensure existing and.future land use compatibility as shown in the City's Noise Ordinance, the Land Use and Noise Compatibility Matrix, the State Interior and Exterior Noise Standards, and the Airport Environs Land Use Plan (AELUP) for the JFTB.
Policy 3.2 Federal Aviation Regulation Part 77. Do not approve buildings and structures that would penetrate Federal Aviation Regulation (FAR) Part 77 Imaginary Obstruction Surfaces for JFTB, Los Alamitos unless found consistent by the Airport Land Use Commission (ALUC). Additionally, in accordance with FAR Part 77, required applicants proposing buildings or structures that penetrate the 100: 1 Notification Surface to file a Form 7460-1 Notice ofProposed Construction or Alteration with FAA andprovide a copy ofthe FAA determination to the City and the ALUCfor Orange County.
Policy 3.3 Structures above 200 feet. For development projects that include structures higher lhan 200 feet above existing grade, the City shall inform the ALUC and submit materials to the AL UC for review. Proposed projects !hat would exceed a height of200feet above existing grade shall be required to.fUe Form 7460-1 with the Federal Aviation Administration (FAA).
Provided below is the height review for the proposed sites. At their current maximum allowable heights, none ofthe proposed housing sites penetrate the imaginary surfaces for JFTB, Los Alamitos.
Sites 1-4B - Maximum Combined 467 Units
With approximate ground elevations of 21 feet, and horizontal and conical surfaces ranging from 182.4 feet to 225 feet AMSL, Sites 1 through 48 would not penetrate the imaginary surfaces with the zoning code maximum height of 60 feet for the TCMU zone.
Site 6 - Maxim um 310 Units
The approximate ground elevation for Site 6 is approximately 20 feet AMSL and the horizontal imaginary obstruction surface would be penetrated at 182.4 feet AMSL. The City's maximum building height of35 feet for residential zones would not penetrate the imaginary surface in this location. The property on Lampson A venue has been sold to a developer and is actively being planned for redevelopment for housing. The City has received a proposal from the developer for 248 residential units including 77 affordable units on the 12.4-acre property.
Site 7 - Maximum 72 Units
Laurel Park has an approximate ground elevation of approximately 23 feet AMSL and the horizontal imaginary obstruction surface would be penetrated at 182.4 feet AMSL. The City's
Agenda Item I - City of Los Alamitos Housing Element Update January 19, 2023
maximum building height of 35 feet for residential zones would not penetrate the imaginary surface in this location.
Site 8 - Maximum 115 Units
The 3191 Katella/City Hall property has an approximate ground elevation of 19 feet AMSL. The conical surface at this location would be penetrated at approximately 250 feet AMSL. The City's maximum building height of35 feet would not penetrate the imaginary surface in this location.
Site 9 - Maximum 180 Units
The 4142 Cerritos Avenue site has an approximate ground elevation of 19 feet AMSL. The conical surface at this location would be penetrated at approximately 191 feet AMSL. The City's maximum building height of35 feet would not penetrate the imaginary surface in this location.
Site 10 - Maximum 108 Units
Tue 5030-5084 Katella Laurel Park site has an approximate ground elevation of approximately 27 feet AMSL and the horizontal imaginary obstruction surface would be penetrated at 182.4 feet AMSL. The City's maximum building height of 35 feet for residential zones would not penetrate the imaginary surface in this location.
Regarding Safety
JFTB Los Alamitos has established Clear Zones (also referred to as a Runway Protection Zones).
These Clear Zones are trapezoidal areas located at each end of the runway (as shown on Attachment 3). Clear Zones are limited primarily to airport and open space uses. No buildings intended for human habitation are permitted in Clear Zones. The Clear Zones for JFTB Los Alamitos are completely within the JFTB boundaries.
Aircraft operations at JFTB include use of both fixed wing aircraft and helicopters. General flight route information for JFTB Los Alamitos is provided in Attachment 7. These exhibits were prepared for JFTB in conjunction with an Environmental Assessment in June 2021 and for ICUZ in 2022, and are included for informational purposes only. The Site 7 (Laurel Park) would be adjacent to the north departure path.
Regarding Heliports
The development ofheliports is not proposed within the Housing Element Update, therefore consistency with the AELUP for Heliports was not reviewed.
Environmental
On November 1, 2021, ALUC staff sent a comment letter to the City regarding the NOi to Adopt a Negative Declaration for the Housing Element Update. It is included as Attachment 8.
Conclusion
Agenda Item I - City of Los Alamitos Housing Element Update January 19, 2023
Attachment 9 to this report contains the submittal letter and Housing Element Submittal Form and Checklist received from the City of Los Alamitos. The Housing Element Update and supporting documents are also available on the City's website at:
http://cityoflosalamitos.org/375/Housing-Element
ALUC staff has reviewed this project with respect to compliance with the AELUP for JFTB Los Alamitos, including review of noise, height and safety. The locations ofSite 6 and Site 10 are in close proximately to JFTB-Los Alamitos, and the proposed land use designation ofthe two sites would allow for 418 new residential units, where there are currently none. These sites would be changing from the non-residential to residential uses and are both located within the 60 CNEL noise contour for JFTB-Los Alamitos. Site 7 would add up to 72 units adjacent to the north departure path subjecting future residents to noise and safety issues.
Recommendation
That the Commission find the proposed City of Los Alamitos 2021-2029 Housing Element Update Inconsistent with the AELUPfor JFTB Los Alamitos per:
1. Section 2.1.1 Aircraft Noise, that the "aircraft noise emanating from airports may be incompatible with general welfare ofthe inhabitants within the vicinity ofan airport.·•
2. PUC Section 21674, (as referenced in Section 1.2 of the AELUPfor JFTB Los Alamitos) which states that the Commission is charged by PUC Section 2 l 674(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."
3. General Land Use Policies in Section 3 .2. l which states that "within the boundaries of the AELUP, and land use may be found to be Inconsistent with the AELUP which (1) Places people so that they are affected adversely by aircraft noise and (2) Concentrates people in areas susceptible to aircraft accidents."
Respectfully submitted,
Lea U. Choum
Executive Officer
Attachments:
Agenda Item I - City of Los Alamitos Housing Element Update January 19, 2023
1. Notification Area for JFTB Los Alamitos
2. Site Inventory Map and Table
3. Impact Zones/Noise Contours for JFTB Los Alamitos
4. 2022 JFTB Los Alamitos Noise Zones
5. 2015 JFTB Los Alamitos Noise Zones
6. Housing Sites in relation to JFTB Obstruction Imaginary Surfaces
7. JFTB Los Alamitos Flight Patterns
8. ALUC November 1, 2001 Letter to Los Alamitos Regarding Negative Declaration
9. City ofLos Alamitos Letter and Submittal Form
i Los Alamitos Housing
Element 2021-2029
Approximate Site Locations
Note: County Unincorporated areas are shown in white.
FAR PART 77
Notification Area for JFTB Los Alamitos: 20,000' Radius at 100:1 Slope ,----- - ,_..,_
LEGEND
• • u 20,000 Radius
-•• CITY BOUNDARIES
Adopted t ATTACHMENT 1
Lea Choum, Executive Officer Dale
Housing Element
Residential Land Resources
Figure B+l. Location of Sites Inventory
ii. Realistic Capacity
The City has seen a significant interest in redevelopment for multi-family housing in various locations, including the Old Town West and Apartment Row neighborhoods as discussed below in subsection c. Additional Underutilized Landt-. The pressure for residential development in the region,. combined with older, under-utilized commercial projects, has resulted in considerable developer interest aAd-at multiple developed locations. including sites listed in Table 8-2 and elsewhere in the City:
• As described above. the City currently has an application in process for site 6, which includes 77 lower income units. In addition. the developer of this project is actively negotiating with the land owner of site 9, a church organization, for the purchase of the land for residential development.
• The City has met with an experienced housing developer who would like to develop a mixed use (housing and commercial) project on site 7. Negotiations ~re just City of Los Alamitos ATTACHMENT 2
Administrative Draft 2021-2029
Table 8-2
Sites Inventory and Projected Units
Sites Description
0 Site
ID APN Address Acres Existing GP Existing
zoning
Proposed
Zoning
Projected
Density
Max#
Units
1 242-203-27
242-203-28
10909 Los Alamitos Blvd
10877 Los Alamitos Blvd
o.as Mixed Use
Mixed Use
TCMU TCMU 60
86 0.58 TCMU TCMU 60
2a 242-171-02 109S6 Los Alamitos Blvd 0.68 Mixed Use TCMU TCMU 60 41 2b 242-171-07 10900 Los Alamitos Blvd 3.1 Mixed Use TCMU TCMU 60 186 2c 242-172-01 10900 Pine Street 0.48 Mixed Use TCMU TCMU 60 29 2d• 242-172-02 10902 Pine Street 0.17 Mixed Use TCMU TCMU 60 10 3 222-091-01
222-091·21
11021 Reagan Street 0.3S MfxedUse TCMU TCMU 60
63 3636 Katella Avenue 0.7 Mixed Use TCMU TCMU 60
4a 222·093•12 11182 Los Alamitos Blvd 0.74 Mixed Use TCMU TCMU 60 44 4b 222-093-13 11232 Los Alamitos Blvd 0.13 Mixed Use TCMU TCMU 60 8 * 6 130-012-3S 46S5 Lampson Ave 12.4
Community
&
Institutional
C•f Rl 20 310
7 241•241-35 Laucel Park 2 of 4
Community
&
Institutional
C-f R4 30 72
8 242-212 -11
242-212-08
242-212-10
3191 Katella/Clty Hall 3.2 Retail
Busmess ( .(j R4 .30 115
9 241-251,14 4142 Cerritos Ave 5
Community
&
Institutional
C-F R4 30 180
* 10 222-181-01.
222-181-02 5030-5084 Katella 3 Retail
Business C·G R4 30 108
11 242 222 06 3370 Cerritos Ave L2 Multl-Famlty R3 R4 30 43 Sites located within the 60 dB CNEL *
1,295
Total
Sites with proposed new land use designations (Zoning Code Change required) Table adapted from: City of Los Alamitos website January 2023 Administrative Draft Housing Element 2021-2029 Appendix B Residential Land Resources https:l/c1tyoflosalamitos.orgl375/Housing-EtqmBnf
... ...
1 ~Ai~;os Ho~~ing
O 1
Element 2021-2029
Approximate Site Locations
Note: County Unincorporated areas are shown in white.
Los Alamitos Impact Zones
Joint Forces Training Base
LEGEND
,unty -60- CNEL CONTOUR Adopted ATTACHMENT 3 -•-• RUNWAY PROTECTION ZONE '----- - II - I I Cl1Y BOUNDARIES Kani Rigoni Executive Officer Date
California ARNG Installation Compatible Use Zone Study I 2022 )>
~ (')
~
m
z
...,
~
l.&fil!it!
D C11llfoml11
c:J Los Alamitos JFTB
Los AlamJtos AAF
Noise Sensitive Area
Ocean
- lnletslllte Highway
LUPZ ( 60-65 A-welghled CNEL)
c:J ZoneU (65·75 A•welghled CNEL)
c:J Zone mt> 75 dB A-weighted CNEL)
~+·
'
' Scu..-c» CAARNGOPrM. ESRI
o... "-9,,112021
.~
APHC U.& MIMT......,.; "5M.ntCi.NTiR
Mt • • .,.,................ _..,.
t......... .,............ tl..... ....
-~................... .........l'lla~--....... ............ ,__,.,.., ·e 4-3 Los Alamuos JFTB A1rcrati No1s.: Zones {A-weighted CNEL) I
CAARNG Installation Compatible Use Zone Study 2015
(
LJ Los Alamitos JFTB 500 1,000 Meters
[:J Zone II - 65-75 dB ADNL :,;
LUPZ - 60-65 dB ADNL _A . Source; ESRI, U'iAl'llC'. "
, r f CAARNG GIS
s Date: April 2.0t5
!&uSAPHc
~ ...,...,,oa:dl •n.Sl"IICO(..:J 1-tllllliitr .. ceajlNIOllcM~Mwchl•l'"' ...tt'i.-.1-• .,.,._.w:-'tia&Mt'-a.. Tl,i,iaf---i• - 1i1r.-r fqr l'fP"-d.wT M..,i;c.
Figure 7-5. LAAAF Aircraft ADNL Noise Zones ( ATTACHMENT 5 7-9
AELUP Height Restriction Zone for JFTB, Los Alamitos
Los Alamitos Housing
Element 2021-2029
Approximate Site Locations
Note: County Unincorporated areas are shown
FAR PART 77
JFTB, Los Alamitos Obstruction Imaginary Surfaces
'===== I 1c.-aa,_. -
LEGEND
• 11 • 20,000 Radius
-•• CITY BOUNDARIES
ATTACHMENT 6
Adopted :0Ur'l1y
Lea Choum Executive Officer Date
Final EA for the Relocation of Detachment 1,
Company B, 6th Battalion, 52nd Aviation Unit June 2021
D Los Alamitos JFTB 0 1,850 3,700 Meters
FIW Outside Traffic Pattern
Katella ArrivaVDeparture .A_ Source: ESRI, USAPHC, W--VE CAARNG GIS North ArrivaI s Date: April 2015 North Departure
RNV Outside Traffic Pattern ~USAPHC
~ .....,.u_......,._., tdat::ailr,, 111 ..__,....._,r,1_,..,~,- South Arriva~Departure .,....., _ _.,.___"'·... .....-............. , ..____________,, :r• k,.t..__,.,. __ Figure 3-1. JFTB Los Alamitos Flight Routes
ATTACHMENT 7 ---------------------------':I
9 '----------------~
California ARNG Installation Compatible Use Zone Study I 2022 LEGEND
D Los Alamttos JFTB
::_~ Los Alamttos Army A11118ld
- Alght Tracks
·+•- So...,CII CAAAHG OPl"M. ESAI
O.• Al.ltu.. 2021
US.ARMY .......X ICM.l'NGWTl,111
......................_..., .
,~_........... ..,...._. ...,.._.......... __ ......l'frle ....................... ..,_....._,____, F•Jllf<: 4-2 Los /\lami10s Jom1 Forc.:s Flight Tracks
~-2
AIRPORT LAND USE COMMISSION
FOR ORANGE COUNTY
3160 Airway Avenue• Costa Mesa, California 92626 • 949.252.5170 fax: 949.252.6012 November 1, 2021
Tom Oliver, Associate Planner
City of Los Alamitos
3191 Katella Avenue
Los Alamitos, CA 90720-5600
Subject: NOi to Adopt Negative Declaration (ND) for Los Alamitos Housfng Element Update (2021-2029)
Dear Mr. Oliver:
Thank you for the opportunity to review the City of Los Alamitos Initial Study to adopt a Negative Declaration for the proposed Housing Element Update in relation to the Airport Environs Land Use Plan {AELUP) for Joint Forces Training Bose, Los Alamitos. The City of Los Alamitos Is located within the Federal Aviation Administration (FAA) Federal Aviation Regulation (FAR) Part 77 Notification Area (also known as the airport planning area) and within the Obstruction Imaginary Surfaces. Also, a part of the City is located within the noise contours for JFTB, Los Alamitos.
The Draft Housing Element includes a site inventory assessment, which identifies sites that can achieve the City's assigned 2021 Regional Housing Needs Assessment (RHNA) for the 2021-2029 planning period. The Draft Element identifies three focus areas for residential development:
•
• Lampson Site
• Arrowhead Site
Town Center Mixed Use Strategic Plan Area
The proposed site inventory includes new sites within the Notification Area, which requires submittal to the Airport Land Use Commission for a consistency review.
The Draft Housing Element also proposes new residential sites within the conical and horizontal obstruction imaginary surfaces for JFTB, Los Alamitos. The ND should discuss the maximum building heights allowed for the three focus areas. With respect to building height restrictions, development proposals, which include the construction or alteration of structures more than 200 feet above ground level, require filing with the Federal Aviation Administration (FAA) and ALUC notification. Projects meeting this threshold must comply with procedures provided by Federal and State law, with the ATTACHMENT 8
ALUC ND & Housing Element Update Comments
Page2
11/1 /21
referral requirements ofALUC, 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 per the proposed Housing Element Update, the City may wish to incorporate a mitigation and condition of approval specifying the 200 feet height threshold within the ND and proposed Housing Element.
As discussed in the ND, the Lampson site is partially within the 60 CNEL noise contour.
Per the AELUPfor JFTB, Los Alamitos it is strongly recommended that residential units be limited or excluded from this area unless the sound attenuation provided is sufficient to ensure that interior noise levels do not exceed 45 dBA.
In addition, the ND should identify if the project allows for the development of heliports as defined in the Airport Environs Land Use Pion (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 ofAeronautics. The ND should address whether the development of heliports will be allowed within the City's jurisdiction.
A referral by the City to the ALUC is required for this project due to the location of the proposal within an AELUP Planning Area and due to the nature ofthe required City approvals (i.e. Housing Element Update) under PUC Section 21676(b). With respect to project submittals, please note that the Commission requests that referrals be submitted to the ALUC for a determination between the Local Agency's Planning Commission and City Council hearings. Since the ALUC meets on the third Thursday afternoon of each month, complete submittals must be received in the ALUC office by the first of the month to ensure sufficient time for review, analysis, and agendizi ng. The Housing Element Submittal form can be found at:
https://www.ocair.com/about/admtnistration/airportgovernance/commisslons/airport-land-use-commission/ Thank you for the opportunity to comment on this Initial study. Please contact Julie Fitch at (949) 252-5284 or [email protected] if you have any questions.
Sincerely,
~
Lea Choum
~
Executive Officer
7 3191 Kate!la ,\,enue
Los A.lamitos. CA 90720·5600
Telephone: (562) 431-3538 / : ~ .~ LOS Ala~i_t~s
FAX: (562) 493-1255
wv.wc1tyoflosalamitos.org ~ :•J Ca&{ritnULJ
RECEIVED
December 8, 2022
DEC 1 3 2022
Lea Choum - Executive Officer AIRPOflTLANDUSEOOMMlSSiON Airport Land Use Commission for Orange County
3160 Airway Avenue
Costa Mesa, CA 92626
SUBJECT: Housing Element Update
Hi Lea,
It was great talking with you a few weeks back. Attached, is a copy of the City's draft Housing Element for your review. You saw a draft of this document that you responded to last year. I have attached the submittal form and ancillary documents as well. Thank you so much for having the Commlssion look over the document.
I thank you for the opportunity to work with you on this proposed project. If you have any questions, please contact me at (562) 431-3538, ext. 303 or via e-mail at:
[email protected].
Sincerely,
To liver
__..,_,.._ociate Planner
ATTACHMENT 9
AIRPORT LAND USE COMMISSION
FOR ORANGE COUNTY
HOUSING ELEMENT UPDATE - SUBMITTAL FORM
1. City/County: Los Alamitos/County
2. Contact information - Name/Title C rck or tap here to enter text Agency: City of LosAlamitos
Address: 3191 Katella Avenue
Phone/email: 562-431-3538
3. Airport Planning Area(s):
o John Wayne Airport D Fullerton Municipal Airport 181 Joint Forces Air Base Los Alamitos
4. Are there additional General Plan Element(s) being submitted for review: 181 No □ Yes - Name of Elements: Click or tap here to enter text
5. Scheduled date of Planning Commission Public Hearing: 1211412022
6. Tentative date of City Council Public Hearing: 1/24/2023
7. Requested month ofALUC Review: 1/19/2023
(Comp/et~ submittal must be receivedby the first day ofthe monthfor the next meeting on the third Thursday ofthe month}.
8. Does the Housing Element Update identify new housing sites within the airport Notification/Planning Area•? D No (skip items# 9-12). l8l Yes (continue below).
9. Does the Housing Element Update identify new housing sites within the: 18160 CNEL or D 65 CNEL Noise Contours of the airport(s)"'? Please attach an exhibit showing location(s) of proposed housing sites and number of units in relation to noise contours.
10. Are noise policies or mitigation measures identified in the Housing Element or elsewhere in the General Plan? D No ® Yes - Please attach pages with noise policies/mitigation measures highlighted.
11. Are any new housing sites identified within the Runway Protection Zone (RPZ), Clear Zone (CZ), or Airport Safety Zones of the airport•? 181 No □ Yes - Please attach exhibit showing location(s) of proposed housing site(s) and number of units in relation to the applicable zones.
12. Are any new housing sites identified within the Obstruction Imaginary Surfaces*? 1:81 No □ Yes - Please attach an exhibit showing location(s) of proposed housing sites and number of units in relation to the Obstruction Imaginary Surfaces.
13. Maximum height allowed for proposed housing. 35
{Please provide lmk and identify section(s) ofGeneral Plan and/or Zoning Code where housing maximum height is specifird.J Continued on reverse side.
HOUSING ELEMENT UPDATE - SUBMITTAL CHECKLIST
~ Cover letter on City/County letterhead.
181 Completed Submittal Form.
181 Copy of existing Housing Element (and any other applicable Elements). 181 Copy of proposed Housing Element Update attached (and any other proposed elements) with requested information highlighted.
~ Exhibit showing location(s) of proposed housing sites and number of units within the Notification Area/Planning Area for airport.
181 Exhibit showing location(s) of proposed housing sites, and how many units for each, in relation to noise contours for airport(s).
181 Noise policies/mitigation measures in Housing Element Update highlighted and/or pages from other elements attached.
181 Exhibit showing location(s) of proposed housing sites, and how many units for each, in relation to Airport Safety Zones,
181 Exhibit showing location(s) of proposed housing sites, and how many units for each, in relation to the Obstruction Imaginary Surfaces.
181. Pages ofGeneral Plan and/or Zoning Code which indicate height restrictions for each new housing site within Airport Notification/Planning Area. 181 Explanation of how the Housing Element Update (or other General Plan Elements) addresses the AELUP standards for noise impact, safety compatibility, and height restriction zones: It acknowledges the noise zones and explains the mitigation for that is in using appropriate building materials and construction practices.
*For airport planning/notification areas, noise contours, safety zones and obstruction imaginary surfaces see Appendix D of the applicable Airport Environs Land Use Plan (AELUP) at:
https://www.ocair.com/about/administration/a1rport-governance/commissions/a1rport-land-usecommission/ Mail or Email Submittal Form, Checklist and attachments to: Airport land Use Commission for Orange County, Attn: Executive Officer, 3160 Airway Avenue, Costa Mesa, CA 92626 I Phone: (949) 252-517D [email protected]
Puhl1C Foo Illies ond Safety Element
Figure 6JFTB Impart Zones
amLOS ALAMITOS
~B G E N E R A L P L A N
Huntington Beach ~
i W UI i i
u
[ J CNEL Contour C::J City Boundary
== JHB Clear Zone Rossmoor
@ ~""' ~Pl.ACEWORKS
t tJ rT, ~ ~ TI~D y 1-D(L
f-tD V1 ~ IN4- E[_€ r-,(Nl 3.13 NOISE
Background
The noise environment in the City is typical of an urban community, with primary noise sources including traffic on lnterstate-605, major arterials, mechanical equipment such as heating/ventilation/air conditioning (HVAC) units, commercial loading and unloading operations, and parking lot activity. In Los Alamitos, both fixed -wing aircraft and helicopters operate from The Joint Forces Training Base OFrB), which generate aircraft noise on areas immediately next to the base and flight paths.
Would the project result in:
a) Generation ofa substantial temporary or permanent increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or applicable standards ofother agencies? b) Generation ofexcessive ground borne vibration or ground borne noise levels? c) For a project located within the vicinity of a private airstrip or an airport land use plan or, where such a plan has not been adopted, within two miles ofa public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels?
No Impact. The adoption ofthe Housing Element Update will have no impact on noise. The future development of housing will be required to analyze noise impacts as part ofthe CEQA and building permit processes. All sites identified for future housing in the inventory are located in urban areas and adjacent to existing development. Typical noise sources include roadways and railroad, and stationary sources such as typical commercial and residential activities and landscaping equipment.
The City will require the preparation ofsite-specific noise studies to assess impacts from roadway noise, as appropriate. Should noise levels at future housing sites require mitigation, there are a variety of means such as noise attenuation walls, setback from roadways, and landscape buffers which the City imposes through the development review process.
Housing redevelopment projects in the future may create temporary noise sources. The City's Municipal Code imposes noise standards and limits construction hours to the less sensitive day time hours (Municipal Code Chapter 17.20). Individual projects will be reviewed under CEQA to determine whether their construction will have adverse noise impacts on neighboring land uses.
The nearest public-use airport to the City is Long Beach Airport, approximately 3.4 miles to the west. The City is outside ofthe noise contours ofLong Beach Airport (lACALUC 2017). The nearest private~use airport is the Joint Forces Training Base OFTB) on the southeast side ofthe City. Most sites in the Site Inventory are outside of the 60/65-CNEL noise contours established for JFTB (OCALUC 2017), except the Lampson site which is partially within the 60-CNEL noise contour but completely outside the 65-CNEL noise contour. The State of California provides noise standards through the California Building Code, which establishes standards for residential construction practices and building materials to ensure that interior noise levels do not exceed 45 dBA. Future housing projects will be subject to CBC requirements and thus meet the City noise standards of45 dBA at night and 55 dBA during the day for residential uses (General Plan Public Facilities and Safety Element Table 3). Therefore. the Housing Element Update would not subject people onsite to excessive noise levels from aircraft approaching or departing Long Beach Airport or JFfB.
Mitigation Measures and Monitoring: None required.
CMRNG Installation Compatible Use Zone Study 2015
LJ Los Alamitos JFTB
D Zone II •6~75dBADNL
LUPZ - 60-65 dB AONL
o 500 1,000 Meters
"+s C Source: l:.SRI. USAPIIC.
" ~ CAAll.~G GIS
~ Date. Apn l 2015
~USAPHC
lo:., • .,._,JU•·•lrll•._~• ul,..ilt.17 ,,. ,, • ..,..,,_, ((lli,ft.1,ft ...., ..-;,.-....•••IU.,,,....'""......._,f\,r ta, nn ri_.,i_,,_.,,.'1"•" ,...,~~...... ..,- Figure 7-5. LAAAF Aircraft ADNL Noise Zones
7-9
Environmental Health Sciences, Environmental Noise Consultation Update No. S.0064236b-20, 1 June 2020
Baseline Conditions
Los Alamitos Army Airfield Noise Zones
LUPZ(60-65dBA,1111!,ighradCNEL) Na.. SensillVeAroa
/OM II (65-1S dSA.1/'J&,gM•d (;NELJ D Loo Alarrito. Army Mfreld Joint Forces Tr1inmg 811eZone 11 (> 75 dB A,....,,.grrltd CNELI -
:-.,Uw~r.'} l, ~••l,\ lk1.;<cn..:y. ,cl,a'bttit\· ('(.;ur.,~!Cf!KU1,1flb.;\C4iltlo !N ,ad~~a.,huJ ..-,::\'t fUA'J.al~lllo< ,..,,hri\liu4.wa. Th1\l"'Mf"h• "h,n1 J.~:, · 11P.J a. Ma.h.i• m~tt•c'll.ll"ltC" ~ """ Ja,.at-c-cnm, 4\:ul.,.trilr '1t..:.:,r1, .,,111 1.,,Ak.'-'~ l,Sltl rt"'-
..~rf i·r.- - 7:::. J--.. ~
...
EnVironmental Noisfl Branch
Almy Publi: Heallh Cenlel
OetoDer 2020
Figure 1. Baseline Los Alamitos Army Airfield Noise Zones 4
-=lFT B t) u1 ~E
- A<; s~s <;: fv\(N \
Environmental Health Sciences, Environmental Noise Consultation Update No. S.0064236b-20, 1 June 2020
Projected Conditions
Los Alamitos Army Airfield Noise Zones
l UPZ (!!0~5 dB A-.,.-,ighted CNEl> Nase S.n,;,trve Alea lON> Ir (6>75 dBA-W.ogtrtod CNH) CJI.<>$ Alam tot Army A,rfield Joint F01c.e1 Trainmo Base Zor,e Ill (> 7!, dil A-Wetghled CNELJ SQ \\rn3n:') a, lt&N.: 111 fCt ti,.; ...:wa.). ,..-h.1hlitr. ,'f1'00~(DC1\ u!tboe daia i.... Uldt~iJ:u:al \H q,f &l~JAClro u.u Env110M?et1tal Noilt Branch ,111' Plll,r .Lita. Timm ,r 1. 4 ·1hU'I!( ..,c-,.au1u· .do!,.a. ,u,:h. i• .,,~-k,J -~~h111r,,:, nne-. ob••~'''"'" :;i;..a,l4'\W IYmyPubl:: Health Cenler October 2020
Figure 2. Projected Los Alamitos Army Airfield Noise Zones 5
---· ·- ---
HOU8l"1 Element jiil
Raldentlal Land RNourcea ~
Site 9Js currently ocCtiQlt!d b~hurch and _is for sale. The Cltv will apuly_.B_4 zoning_t.Q the 5 acre nr.oP-.~rty which would generate a mil( of affordable a_'!fi_C!lil!1<_~1..~te_i,!!lft$~ ln1.,;ly_Q!nf 20 units for lower Income hou.1eholds and 40 units for l'!\Oc.!_eg1e l_rico1g household~.: The_balan~f the protect would allow up to ~0_J_ml~Ql.b.9!!~l0f. ~V<tllE.~!t to above moderate Income househo ds.
Site 10 Is currenth· occupied by a~Qrnmerdal development. and consists of 3 f!U~s. The s!te wlll tie rezoned to R4 and ls_~~cted t.9_51.!l_velon_ ~$ a mJ?t~.ci.Jnccrr,~ oro1cct, JQ include 10 lowerJ.Qsom~ vn !Y. 15 _modera!e incom~ 1~n_tts an.fl_~~ above_ modenr!.e. nC01llf# units.
'.11te 11 is currently occupied llv ma,ket hovsin.~~uJ ls ulanne<lJcr r_g_~_Yrl9r~r.:D.t.!!l• , ti\? site wilt be rezoned from R3 to.R4. and :tti!LpJovfde unto 30 moderate inrnme units.
As se! torth In Poll.. y Action 4.4. t!lg__Qty wJJI enforce the units deste,nat~.d.J.ri..<-e& S~ Ettci ty .J!ffffit S~N~ pef Table 8-2 and Figure B-1 as fut.ire .ru:Qlects arc pro12osed on these sites. Pror;osals that include fewer untts than deslgnated will not be aeero~est .b.:i ~he_O.!r_ unless alternative~s are identifleg.__The C1tif A.as S~FI a sie,,iflEant-i~ ;--.;Hft ttw redE'\·elepR'!eAt ef ~l:iese site6 for the-aeY~~SfR-gr Table B-2
Sites Inventory and Projected Un ts
Sites Descrlotlon
Site APN Addraa Aaet Elds11ns GP Ellllll"I Proposed Projtcted m Zonlnl Zonlnl Dens1ty ·-
242-203-27 10909 LOI Alamltm 8ttd o.as Mbled Use TCMU TCMU 60 1 242-203-28 10177 Los Alamftm Blvd 0.58 Mixed Use TCMU TCMU 60 21 242·171-02 10!JS6 Los Ahlmltos Blvd 0.68 Mixed Use TCMU TCMU 60 2b 242·171-07 10900Los Allmitm 811/d 3.1 Mixed Use TCMU TCMU 60 :zc 242-172-01 10900 PIM5tl'Nl OA ~Use TIM.I TCMU 60
2d• 242-172-02 10902 PineStrNt 0.17 Mixed Use TCMU TCMU 60 222-G91-01 11021 RnpnStrNt 0.35 MlxedU. TCMU TCMU 60
3 222-G91-21 3636 IC.ltalla A-Ntue 0.7 Ml)cedUN TCMU TCMU 60 ··- .. 222-093-12 11182 t,asAlamltos Blvd 0.74 MbeedU• TCMU TCMU 60 --- .., 222-Cm-13 112321.asAlamltos Blvd 0.13 Muc!Uu TCMU TCMU 60 Community
I & 130-012-35 4655Llmpson Ava 12.4 & C-F R3 20
lnstitutlOnal
·-.. --------------------------------
HouelngEI!~
Realdentlal Land Resources
SIie
ID APN Address Aaes Exlstlr11GP Emtlns
Zonlna
Propoeed
Zonfna
Projec:tad
Density
7 241-241-35 Laurel Park 2of4
Corrmunlty
a
rnstltutlonat
C-f R4 30
8 242-212-11
242-212-'>8
242-212-10
3191 KataU1/C1ty Hall 3.2 Retall
Business CG R4 30
9 241-251-14 4142 Cerrllm Ave s
Community
a
InstltutlonaI
C-F R4 30
10 222-181-01.
222+181-02 5030-5084 Katel1 3 Rltlll
Bl.Uinta CG RA 30
11 242-222•06 3370Cerritos Ave 1.2 Multl-Famlly R3 R4 30 Projected Units
I
I
I
I
I
I
MHlrnwn Ver,Low
Site ID Unlls Income
l 86 7
2a 41 2
2b 186 32
2c 29 11
2d 10 4
3 63 3
4a 44 2
4b 8 1
6 248 38
7 60 30
8 96 so
9 150 10
10 90 10
11 36
Total 1147 200
RHNA 769 l.94
SUrplus capacity . 6
Low Moel•~ Abova Unltafor
Income Income Moderate RHNA Income
4 5 16
2 2 6
9 22 63
8 9 28
3 3 10
4 4 11
3 2 7
1 2
39 171 248
20 10 60
30 16 96
10 40 90 1S0
15 65 -
90 30 30
132 1S9 326 817
119 145 311 769
13 14 15 48
~ Cllr of Loa Almnl...
Adlllllutratlve Draft 1011-4QH
Housing Element
Housing Resources and Constraints
iv. Fire Hazards
The City of Los Alamitos contracts with the Orange County Fire Authority for fire protection and emergency medical services. The local fire station in Los Alamitos is located at 3642 Green Avenue. The fire station houses house three Fire Captains, three Engineers, and three Firefighters. Additional resources are also available from 77 Orange County Fire Stations, the City of Long Beach, and Los Angeles County. Due to the low density character of the community and sparse wildland areas in the City, the wildland fire hazard is considered to be insignificant or low. The inventory sites are not located in or near state responsibility areas or Very High Fire Hazard Severity Zones as classified by the California Department of Forestry and Fire Protection. v. Noise
The existing noise environment surrounding the City of Los Alamitos is Influenced primarily by transportation related noise sources. These transportation related noise sources include traffic noise from nearby roadways (i.e., 1·605, Katella Avenue and Los Alamitos Boulevard) and aircraft noise from the Joint Forces Training Base (JFTB).
Stationary noise sources include air conditioning units, power generators, air i:
compressors, school bells, and power equipment. The City of Los Alamitos General Plan has traffic noise contours for assessing the compatibility of residential uses with transportation related noise sources. The City has also adopted a Noise Ordinance that sets criteria for residential areas impacted by stationary noise sources, including "not to exceed" noise levels for various periods of time and regulations for special activities.
Most sites listed in the Sites Inventory are outside of the 60/65-CNEL noise contours established for JFTB, except the Site 6 which is partially within the 60-CNEL noise contour but completely outside the 65-CNEL noise contour. The City enforces California Building Code's standards for residential construction practices and building materials to ensure that interior noise levels do not exceed 45 dBA. Future housing projects will be subject to CBC requirements and thus meet the City noise standards of 45 dBA at night and 55 dBA during the day for residential uses as set forth in the General Plan. b. Infrastructure Constraints
i. Water
The Golden State Water Company owns and operates the extensive network of water lines that serves Los Alamitos. The water system supply sources include a mixture of groundwater from the Orange County Groundwater Basin and imported water from the City of Lo. Alamltos
Administrative Draft 2014-2021
Growth Management Element March LO 15
Goal 3: Development that is consistent with the Airport Environs Land Use Plans for the Joint Forces Training Base and Orange County Heliports.
Policy 3.1 can also be found in the Public Facilities and Safety Element as Policy 4.1.
Policy 3.1 Land use compatibility. Approve development and require mitigation measures to ensure existing and future land use compatibility as shown in the City's Noise l Ordinance, the Land Use and Noise Compatibility Matrix, the State Interior and \ Exterior Noise Standards, and the Airport Environs Land Use Plan (AELUP) for the \ JFTB.
I
Policy 3.2 Federal Aviation Regulation Part 77. Do not approve buildings and structures that would penetrate Federal Aviation Regulation (FAR) Part 77 Imaginary Obstruction Surfaces for JFTB, Los Alamitos unless found consistent by the Airport Land Use Commission (ALUC). Additionally, in accordance with FAR Part 77, required applicants proposing buildings or structures that penetrate the 100:1 Notification Surface to file a Form 7460-1 Notice of Proposed Construction or Alteration with FAA and provide a copy of the FAA determination to the City and the ALUC for f Orange County . •
Policy 3.3 Structures above 200 feet. For development projects that include structures higher than 200 feet above existing grade, the City shall inform the ALUC and submit materials to the ALUC for review. Proposed projects that would exceed a height of 200 feet above existing grade shall be required to file Form 7460-1 with the Federal Aviation Administration (FAA).
'Policy 3.4 Heliport/helistop approval and requirements. Approve the development of a heliport or helistop only if it complies with the AELUP for Heliports. Ensure that each applicant seeking a conditional use permit or similar approval for the construction or operation of a heliport or helistop complies fully with the state permit procedure provided by law and with all conditions of approval imposed or recommended by the FAA, by Orange County ALUC, and by Caltrans/Division of Aeronautics. This requirement shall be in addition to all other City development requirements.
Policy 3.5 New residential units. Do not approve the construction of new residential units within the 65 dBA CNEL noise contour for the JFTB.
Policy 3.6 JFTB noise contours. Require the use of JFTB noise contours to ensure new 1 development is compatible with the noise environment.
Policy 3.7 Deed disclosure notice. Provide notice of airport in the vicinity where residential development is being proposed within the 60 dBA CNEL noise contours for the I os ,\l,11111\"os Gener,ll PIJ.n
Grnwth Manc1gcmcnt Elcml'lll M.trch 2015
JFTB. Require that the following language be included as part of the Deed Disclosure Notice:
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 with the property before you complete your purchase and determine whether they are acceptable to you.
Los Alamitos General Pl.in 6
Regular City Council Agenda - July 17, 2023
Item 11B
ATTACHMENT 2
City of Los Alamitos
CITY COUNCIL AGENDA REPORT
MEETING DATE: February 21, 2023 ITEM NUMBER: 10M
To: Mayor Tanya Doby & Members of the City Council
Presented By: Michael Daudt, City Attorney
Subject: Resolution No. 2023-04 - Notice of Intent to Overrule the Airport Land Use Commission (ALUC) for Orange County Finding of Housing Element Inconsistency
SUMMARY
On January 19, 2022, the Orange County Airport Land Use Commission (“ALUC”) reviewed the City’s General Plan Housing Element Update 2021-2029 6th Cycle and found the Housing Element Update to be inconsistent with the Airport Environs Land Use Plan for the Joint Forces Training Base Los Alamitos. The City Council will consider initiating the two-step process to overrule the ALUC determination in accordance with State Law.
RECOMMENDATION
1. Adopt Resolution No. 2023-04 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LOS ALAMITOS, 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 UPDATE 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” and,
2.Authorize the City Manager to submit Resolution No. 2023-04 to the Orange County Airport Land Use Commission and the State Division of Aeronautics and schedule a public hearing pursuant to Public Utilities Code Section 21676.
BACKGROUND
The Orange County Airport Land Use Commission (“ALUC”) is an advisory committee established by State Law. (Public Utilities Code §§ 21670 et seq.). The ALUC is intended to assist local agencies in ensuring compatible land uses in the vicinity of civilian and military airports. This is done primarily through their adoption of a land use compatibility plan, known as the Airport Environs Land Use Plan (“AELUP”) for the Joint Forces Training Base Los Alamitos (“JFTB”), against which land use and planning proposals are compared and evaluated for consistency. The AELUP includes a variety of information designed to help development surrounding the JFTB be compatible with the airport use, including heights, noise, and general safety.
Public Utilities Code (“PUC”) Section 21676(b) requires the City to submit General Plans and General Plan amendments to the ALUC for a consistency determination. On December 14, 2023, following a duly noticed public hearing, the Planning Commission voted to recommend City Council approval of the General Plan Housing Element Update 2021-2029 6th Cycle (“Housing Element Update”). Thereafter, City staff submitted the Housing Element Update to ALUC for a consistency determination.
DISCUSSION
ALUC Determination
The ALUC reviewed the proposed Housing Element Update on January 19, 2022. A copy of the ALUC agenda report is included as Attachment 1. City staff attended the meeting, and answered questions from the ALUC commissioners, primarily related to the potential housing sites identified at 4655 Lampson Avenue (Site 6) and 5030-5084 Katella (Site 10). After review and discussion, the ALUC voted 5-1 to find the Housing Element Update inconsistent with the AELUP based on noise, safety, and general concerns of land use incompatibility with the ALUC’s purposes and responsibilities, which are more broadly described below. The ALUC’s determination letter is included as Attachment 2.
Aircraft Noise Impacts
The AELUP uses the Community Noise Equivalent Level (CNEL) system for measuring noise impacts, which is a weighted average of noise over time. The potential housing sites identified at 4655 Lampson Avenue (Site 6) and 5030-5084 Katella (Site 10) are within the 60-65 dBA CNEL noise contour. The AELUP defines the noise exposure in the 60-65 dBA CNEL noise contour (Noise Impact Zone 2) as “Moderate Noise Impact” and in the 65-70 dBA CNEL noise contour (Noise Impact Zone 1) as “High Impact.” (AELUP Sections 3.2.3, 3.2.4.) Residential uses are identified as “conditionally consistent” for the 60-65 dBA CNEL noise contour and “normally inconsistent” for the 65-70 dBA CNEL noise contour (AELUP Section 3, Table 1 “Limitations on Land Use Due to Noise”). The City’s established policy is that residential units are not to be approved within the 65-70 dBA CNEL noise contour of the airport (Growth Management Element, Policy 3.5). Therefore, the City’s policy and the AELUP are consistent, and allow development of residential units in the 60-65 dBA CNEL noise contour. In addition, the AELUP states residential uses in the 60-65 dBA CNEL noise contour must use sound attenuation to ensure that the interior CNEL value does not exceed 45 dBA. This requirement is consistent with the California Building Code requirements enforced by the City to ensure that interior noise levels do not exceed 45 dBA. Furthermore, the General Plan Growth Management Element Policy 3.7 requires a notice of airport be included as part of the Deed Disclosure Notice for any residential development proposed within the 60 dBA CNEL noise contour for the JFTB, which is consistent with the AELUP.
Safety
AELUP Section 2.1.2 (Safety) describes accident potential zones and clear zones at the JFTB.
Accident potential and clear zones were set in 1994 and based on Department of Defense criteria. Prior to 1995, the ALUC utilized a 10-year accident history which found that the accident potential zone was located completely within the boundaries of JFTB, and no
additional accident potential zones are identified beyond the clear zones. No development is proposed by the Housing Element Update within the clear zones. The potential housing site identified as Laurel Park is not adjacent to the north departure path; it is located 1 mile northwest of the north end of the north departure runway and will not be impacted by noise or by aircraft operations.
Overrule Process
As a final review authority on legislative acts, the City Council may choose to overrule the ALUC's determination by following a two-step process, which is set forth in PUC Sections 21676 and 21676.5. The first step in the process is to adopt a resolution of intention to overrule, a copy of which would be sent to the ALUC and the Division of Aeronautics of the Department of Transportation to provide formal notification of the City's intent. A decision on overruling the ALUC cannot take place less than forty-five (45) days after notice of the City Council’s proposed action. The ALUC and Division of Aeronautics may provide comments to the City Council within 30 days of receiving the resolution of intention.
If comments from the ALUC and/or the Division of Aeronautics are not made available within this time frame, the City Council may act without them. Any comments by the ALUC and Division of Aeronautics are advisory to the Council and must be included in the public record of any final decision by the City Council to overrule the ALUC’s determination.
The second step in the process is that, not less than 45-days after notification has been sent to the ALUC and Division of Aeronautics, the City Council must conduct a public hearing, after which the City Council may decide whether to adopt a resolution to overrule the ALUC and make specific findings that the Housing Element Update is consistent with the purposes of the State Aeronautics Act, as set forth in PUC Section 21670.
If the City Council fails to overrule the ALUC’s inconsistency determination based on specific findings or fails to revise the Housing Element in accordance with the ALUC comments, then the ALUC may, pursuant to PUC Section 21676.5(a), require the City to submit all subsequent actions, regulations, and permits to the ALUC for review until the City overrules the determination or revises the Housing Element. If the ALUC then finds that an action, regulation, or permit is inconsistent with the AELUP, the City must then hold a hearing to reconsider. The City may then go through a similar overrule process.
However, under PUC Section 21676.5(b), if the City Council has overruled the ALUC or revised its Housing Element, the proposed action of the City shall not be subject to further ALUC review, unless the ALUC and the City agree that individual projects shall be reviewed by the ALUC.
The attached resolution notifies the ALUC and the Division of Aeronautics of the City's intent to conduct a public hearing and consider whether to adopt a resolution overruling the ALUC inconsistency determination. If the resolution of intention is adopted, the City Council would conduct the public hearing at a later date, at which time the City Council would consider all comments received, including from the ALUC and the Division of Aeronautics, and then make a decision. The resolution to overrule the ALUC at the future hearing must be adopted by a two-thirds vote of the City Council.
FISCAL IMPACT
None.
Attachment: 1. Resolution No. 2023-06 - Notice of Intent to Overrule ALUC
2. ALUC Agenda Item 1_Jan 19, 2022
3. Housing Element ALUC Determination Letter (002)
CC RESO 2023-04
1752784.1
RESOLUTION NO. 2023-04
A RESOLUTION OF CITY COUNCIL OF THE CITY OF
LOS ALAMITOS, 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 UPDATE 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, the State Housing Element Law, Article 10.6 of the California Government Code (Sections 65580 et seq.) requires each local jurisdiction to update its General Plan Housing Element every eight (8) years to reflect new statutory requirements and accommodate its share of the Regional Housing Needs Assessment Allocation (RHNA); and,
WHEREAS, the City of Los Alamitos prepared General Plan Amendment 21-01, an update to the Housing Element for the 2021-2029 period in accordance with the guidelines and requirements of State Housing Element Law (the “Housing Element Update”); and,
WHEREAS, on December 14, 2022, the Planning Commission conducted a duly noticed public hearing and recommended to the City Council the adoption of the Housing Element Update; and,
WHEREAS, in accordance with Public Utilities Code Section 21676(b), the City referred the Housing Element Update 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 January 19, 2022, the ALUC, acting pursuant to Public Utilities Code Section 21670, determined that the Housing Element Update 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 Housing Element Update is consistent with the purposes of Public Utilities Code Section
CC RESO 2023-04
1752784.1
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 overrule 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 set forth in Section 2 of this resolution do not constitute the final findings of the City with regard to the Housing Element Update’s consistency with the purposes of Public Utilities Code Section 21670 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 declaring its intent to consider overruling the ALUC determination that the Housing Element Update 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 LOS
ALAMITOS DOES RESOLVE AS FOLLOWS:
SECTION 1. The City Council finds that the above recitals are true and correct.
SECTION 2. The City Council declares its intent to conduct a public hearing and its intent to consider overruling the ALUC’s determination that the Housing Element Update is inconsistent with the AELUP based on the following draft findings:
CC RESO 2023-04
1752784.1
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 Housing Element Update includes the identification of two (2) opportunity sites within the 60 dB CNEL contour for JFTB. No Housing Element Update opportunity sites are within the 65 dB CNEL noise contour.
c. Sections 3.2.3 and 3.2.4, respectively, of the AELUP define the noise exposure in the 60-65 dBA CNEL noise contour (Noise lmpact Zone 2) as “Moderate Noise lmpact” and in the 65-70 dBA CNEL noise contour (Noise lmpact Zone 1) as “High lmpact.” Section 3, Table 1 (Limitations on Land Use Due to Noise) of the AELUP identifies residential as “conditionally consistent” with the 60-65 dBA CNEL noise contour and “normally inconsistent” with the 65-70 dBA CNEL noise contour. The City’s established policy is that residential units are not to be approved within the 65-70 dBA CNEL noise contour of the airport (Growth Management Element, Policy 3.5). Therefore, the City’s policy and the AELUP are consistent, and allow development of residential units in the 60-65 dBA CNEL noise contour. In addition, the AELUP states residential uses in the 60-65 dBA CNEL noise contour must use sound attenuation to ensure that the interior CNEL value does not exceed 45 dBA. This requirement is consistent with the California Building Code requirements enforced by the City to ensure that interior noise levels do not exceed 45 dBA. Furthermore, the General Plan Growth Management Element Policy 3.7 requires a notice of airport be included as part of the Deed Disclosure Notice for any residential development proposed within the 60 dBA CNEL noise contour for the JFTB, which is consistent with the AELUP.
d. The AELUP Section 2.1.2 (Safety) sets forth zones identified as accident potential zones and clear zones. No Housing Element Update opportunity sites are located within these identified areas. The opportunity site identified as Laurel Park is not adjacent to the north departure path; it is located 1 mile northwest of the north end of the north departure runway and will not be impacted by noise or by aircraft operations.
CC RESO 2023-04
1752784.1
e. The Housing Element Update 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 Element Update opportunity sites will comply with the noise criteria and safety standards established in Sections 2 and 3 of the AELUP.
SECTION 3. 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 Housing Element Update 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 4. The City Council hereby further directs City staff to take all other actions necessary to effectuate the purpose and intent of this resolution.
SECTION 5. The City Council finds the adoption of this resolution is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (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 Housing Element Update has been independently reviewed and evaluated pursuant to CEQA.
SECTION 6. The City Clerk shall certify as to the adoption of this Resolution.
PASSED, APPROVED, AND ADOPTED this 21st day of February 2023. ________________________________
Tanya Doby, Mayor
ATTEST:
CC RESO 2023-04
1752784.1
______________________________
Windmera Quintanar, MMC, City Clerk
APPROVED AS TO FORM:
_______________________________
Michael S. Daudt, City Attorney
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF LOS ALAMITOS )
I, Windmera Quintanar, MMC, City Clerk, of the City of Los Alamitos, do hereby certify that the foregoing Resolution was adopted at a regular meeting of the City Council held on the 21st day of February, 2023, by the following vote, to wit:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
________________________________________
Windmera Quintanar, MMC, City Clerk
Regular City Council Agenda - July 17, 2023
Item 11B
ATTACHMENT 3
Regular City Council Agenda - July 17, 2023
Item 11B
ATTACHMENT 4
“Provide a safe and reliable transportation network that serves all people and respects the environment”
DIVISION OF AERONAUTICS
P.O. BOX 942874, MS–40 | SACRAMENTO, CA 94274
(916) 654-4959 | FAX (916) 653-9531 TTY 711
www.dot.ca.gov
March 29, 2023
Mr. Ron Noda Electronically Sent
City of Los Alamitos
[email protected]
3191 Katella Ave,
Los Alamitos, CA 90720
Dear Mr. Noda,
Thank you for notifying the California Department of Transportation, Division of Aeronautics (Division), of the proposed overrule by the City of Los Alamitos (City).
The Division has reviewed the proposed findings provided by the City and has determined the findings are insufficient to warrant this proposed overrule.
Specifically, the findings are inconsistent with the purposes of the statutes set forth in the California Public Utilities Code (PUC) section 21670. These findings do not provide substantial evidence that the proposed Project will meet the requirements of PUC statutes set forth in PUC section 21670. These findings do not provide substantial evidence that the proposed Project will meet the requirements of PUC, section 21670(a) (1) and (2).
The Division received an email notification that included City Resolution 2023-04 and draft findings, declaring an intent to consider overruling the Airport Land Use Commission’s (ALUC) inconsistency determination of the City’s Draft 2021-2029 Housing Element Update. The City presented a number of findings to demonstrate substantive compliance with the Joint Forces Training Base Los Alamitos Airport Environs Land Use Plan. The Division concurs with the ALUC’s determination that the Draft 2021-2029 Housing Element Update is inconsistent with the Airport Environs Land Use Plan.
The Division recognizes that the city is facing affordable housing supply shortages and is looking for new areas to accommodate residential developments. However, environmental justice and equity concerns should also be reviewed for consistency with goals identified in the California Transportation Plan of 2050 and the California Aviation System Plan of 2020. The Division notes that new laws regarding the provision of housing do not supersede existing laws, including Section 21670 of the California Public Utilities Code, which requires counties to establish ALUCs and compatibility plans to protect public health, safety, and welfare.
In addition, Section 21675.1(f) provides: If a city or county overrules the commission pursuant to subdivision(d) with respect to a publicly owned airport that the city or county does not operate, the operator of the airport is not liable for damages to
Mr. Ron Noda
March 29, 2023
“Provide a safe and reliable transportation network that serves all people and respects the environment” property or personal injury resulting from the city’s or county’s decision to proceed with the action, regulation, or permit.
Please note: The Division comments are to be included in the public record of any decision to overrule the ALUC. If you have questions or if we may be of further assistance, please contact me by email at [email protected] or call (916) 879-6528
Sincerely,
Originally signed by
Jonathan Huff
Associate Transportation Planner
Division of Aeronautics
c: Julie Fitch, Land Use Manager, John Wayne Airport, Orange County, [email protected]
Matt Friedman, Chief, Office of Aviation Planning, Division of Aeronautics [email protected]
Attachment: ALUC Comments on Los Alamitos NOI Overrule.pdf
Regular City Council Agenda - July 17, 2023
Item 11B
ATTACHMENT 5
STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
DIVISION OF HOUSING POLICY DEVELOPMENT
2020 W. El Camino Avenue, Suite 500
Sacramento, CA 95833
(916) 263-2911 / FAX (916) 263-7453
www.hcd.ca.gov
May 1, 2023
Chet Simmons, City Manager
City of Los Alamitos
3191 Katella Ave.
Los Alamitos, CA, 90720
Dear Chet Simmons:
RE: City of Los Alamitos’ 6th Cycle (2021-2029) Adopted Housing Element Thank you for submitting the City of Los Alamitos’ housing element that was adopted February 21, 2023 and received for review on March 6, 2023. Pursuant to Government Code section 65585, subdivision (h), the California Department of Housing and Community Development (HCD) is reporting the results of its review. In addition, HCD considered comments from Carol A. Churchill pursuant to Government Code section 65585, subdivision (c).
HCD is pleased to find the adopted housing element in substantial compliance with State Housing Element Law (Article 10.6 of the Gov. Code). The adopted element was found to be substantially the same as the revised draft element that HCD’s November 23, 2022 review determined met statutory requirements. HCD’s finding was based on, among other reasons, a completed rezone (Ordinance 2023-01) to accommodate the City’s Regional Housing Needs Allocation (RHNA).
Additionally, the City must continue timely and effective implementation of all programs including but not limited to the following:
• Policy Action 1.3 (Rehabilitation of Multifamily Dwellings): This program commits, by December 2022, to establish an incentive package to encourage the acquisition and rehabilitation of multifamily units.
• Policy Action 3.1 (Housing for Persons with Special Needs): This program commits, by June 30, 2023, to develop and publish a menu of incentives to support the development of housing for persons with special housing needs. • Policy Action 3.5 (Residential Care Facilities for Seven or More Persons): This program commits, by December 2022, to remove the conditional use permit requirement for residential care facilities in the R-3 zone and include another zone for by-right approval.
• Policy Action 4.1 (Incentives for Development of Housing): This program commits, by June 30, 2023, to provide incentive information to developers,
Chet Simmons, City Manager
annually meet with property owners to discuss available incentives, and identify development opportunities.
• Policy Action 4.4 (Create R-4 Zoning and Rezoning to Allow Higher Density):
This program committed, by October 15, 2022, to create the R-4 zone and rezone all properties designated in Table B-2.
• Policy Action 4.5 (Modify TCMU Zoning to Allow Higher Density): This program committed, by October 15, 2022, to modify the TCMU zone to allow up to 60 dwelling units per acre.
• Policy Action 4.9 (City-owned Parcels): This program commits to issue a request for proposals and secure contracts for City-Owned parcels. • Policy Action 4.11 (Multifamily Parking Requirements): The program commits to reduce parking requirements by 2024.
The City must monitor and report on the results of this and other programs through the annual progress report, required pursuant to Government Code section 65400. Please be aware, Government Code section 65585, subdivision (i) grants HCD authority to review any action or failure to act by a local government that it determines is inconsistent with an adopted housing element or housing element law. This includes failure to implement program actions included in the housing element. HCD may revoke housing element compliance if the local government’s actions do not comply with state law.
Several federal, state, and regional funding programs consider housing element compliance as an eligibility or ranking criteria. For example, the CalTrans Senate Bill (SB) 1 Sustainable Communities grant; the Strategic Growth Council and HCD’s Affordable Housing and Sustainable Communities programs; and HCD’s Permanent Local Housing Allocation consider housing element compliance and/or annual reporting requirements pursuant to Government Code section 65400. With a compliant housing element, the City now meets housing element requirements for these and other funding sources.
HCD appreciates the hard work and responsiveness the City’s housing element team provided throughout the housing element update and review. HCD wishes the City success in implementing its housing element and looks forward to following its progress through the General Plan annual progress reports pursuant to Government Code section 65400. If HCD can provide assistance in implementing the housing element, please contact Jose Ayala, of our staff, at [email protected].
Sincerely,
Paul McDougall
Senior Program Manager
Regular City Council Agenda - July 17, 2023
Item 11B
ATTACHMENT 6
Rincon Consultants, Inc.
2 5 0 E a s t 1 s t S t r e e t , S u i t e 1 4 0 0
Los Angeles, California 90012
213 7 8 8 4 8 4 2
i n f o @ r i n c o n c o n s u l t a n t s . c o m
w w w . r i n c o n c o n s u l t a n t s . c o m
June 26, 2023
Project No: 23-14681
Nicole Sauviat Criste
Principal
Terra Nova Planning & Research
42635 Melanie Place, Ste. 101
Palm Desert, CA 92211
760-341-4800
Via email: [email protected]
Subject: Los Alamitos Housing Element Aircraft Noise Study, Los Alamitos, California Dear Nicole:
Rincon Consultants, Inc. (Rincon) has prepared this technical memorandum to provide noise background and evaluation of potential aircraft noise exposure from the Joint Forces Training Base (JFTB) to future residents with implementation of the Los Alamitos 2021 – 2029 Housing Element (herein referred to as “proposed project” or “project”) in the City of Los Alamitos (City).
Description of Project
The 2021 – 2029 Housing Element Update identifies and analyzes the City’s existing and projected housing needs and contains goals, policies, objectives, and programs to address those needs. The Housing Element is one of seven mandatory elements of the General Plan. Section 65583 of the Government Code sets forth the specific requirements of a jurisdiction’s housing element. Included in these requirements are obligations of local jurisdictions to provide for their “fair share” of the regional housing needs. This fair share is determined though the Reginal Housing Needs Assessments (RHNA) process which, in Orange County, is facilitates by the Southern California Association of Governments (SCAG). For the 2021 to 2029 planning period, the City was allocated a total of 769 housing units, including 194 for very-low income, 119 for low-income, 145 for moderate-income, and 311 for abovemoderate income households. The Draft Housing Element includes fourteen sites which are assigned 817 units to meet the City’s RHNA.
Fundamentals of Noise
Sound is a vibratory disturbance created by a moving or vibrating source, which is capable of being detected by the hearing organs. Noise is defined as sound that is loud, unpleasant, unexpected, or undesired and may therefore be classified as a more specific group of sounds. The effects of noise on people can include general annoyance, interference with speech communication, sleep disturbance, and, in the extreme, hearing impairment (California Department of Transportation [Caltrans] 2013).
Human Perception of Sound
Noise levels are commonly measured in decibels (dB) using the A-weighted sound pressure level (dBA).
The A-weighting scale is an adjustment to the actual sound pressure levels so that they are consistent with the human hearing response. Decibels are measured on a logarithmic scale that quantifies sound intensity in a manner similar to the Richter scale used to measure earthquake magnitudes. A doubling of the energy of a noise source, such as doubling of traffic volume, would increase the noise level by 3 dB; dividing the energy in half would result in a 3 dB decrease (Caltrans 2013).
Human perception of noise has no simple correlation with sound energy: the perception of sound is not linear in terms of dBA or in terms of sound energy. Two sources do not “sound twice as loud” as one source. It is widely accepted that the average healthy ear can barely perceive changes of 3 dBA, whether an increase or decrease (i.e., twice the sound energy); that a change of 5 dBA is readily perceptible; and that an increase (or decrease) of 10 dBA sounds twice (half) as loud (Caltrans 2013).
Sound Propagation and Shielding
Sound changes in both level and frequency spectrum as it travels from the source to the receiver. The most obvious change is the decrease in the noise level as the distance from the source increases. The manner by which noise reduces with distance depends on factors such as the type of sources (e.g., point or line), the path the sound will travel, site conditions, and obstructions.
Sound levels are described as either a “sound power level” or a “sound pressure level,” which are two distinct characteristics of sound. Both share the same unit of measurement, the dB. However, sound power (expressed as Lpw) is the energy converted into sound by the source. As sound energy travels through the air, it creates a sound wave that exerts pressure on receivers, such as an eardrum or microphone, which is the sound pressure level. Sound measurement instruments only measure sound pressure, and noise level limits are typically expressed as sound pressure levels.
Noise levels from a point source (e.g., construction, industrial machinery, air conditioning units) typically attenuate, or drop off, at a rate of 6 dBA per doubling of distance. Noise from a line source (e.g., roadway, pipeline, railroad) typically attenuates at about 3 dBA per doubling of distance (Caltrans 2013).
Noise levels may also be reduced by intervening structures; the amount of attenuation provided by this “shielding” depends on the size of the object and the frequencies of the noise levels. Natural terrain features, such as hills and dense woods, and man-made features, such as buildings and walls, can significantly alter noise levels. Generally, any large structure blocking the line of sight will provide at least a 5-dBA reduction in source noise levels at the receiver (Federal Highway Administration [FHWA] 2011). Structures can substantially reduce exposure to noise as well. The FHWA’s guidance indicates that modern building construction generally provides an exterior-to-interior noise level reduction of 10 dBA with open windows and an exterior-to-interior noise level reduction of 20 to 35 dBA with closed windows (FHWA 2011).
Descriptors
The impact of noise is not a function of loudness alone. The time of day when noise occurs and the duration of the noise are also important factors of project noise impact. Most noise that lasts for more than a few seconds is variable in its intensity. Consequently, a variety of noise descriptors have been developed. The noise descriptors used for this study are the equivalent noise level (Leq), Day-Night Average Level (DNL; may also be symbolized as Ldn), and the community noise equivalent level (CNEL; may also be symbolized as Lden).
Leq is one of the most frequently used noise metrics; it considers both duration and sound power level.
The Leq is defined as the single steady-state A-weighted sound level equal to the average sound energy over a time period. When no time period is specified, a 1-hour period is assumed. The Lmax is the highest noise level within the sampling period, and the Lmin is the lowest noise level within the measuring period.
Normal conversational levels are in the 60 to 65-dBA Leq range; ambient noise levels greater than 65 dBA Leq can interrupt conversations (Federal Transit Administration [FTA] 2018).
Noise that occurs at night tends to be more disturbing than that occurring during the day. Community noise is usually measured using Day-Night Average Level (Ldn), which is the 24-hour average noise level with a +10 dBA penalty for noise occurring during nighttime hours (10:00 p.m. to 7:00 a.m.). Community noise can also be measured using Community Noise Equivalent Level (CNEL or LDEN), which is the 24-hour average noise level with a +5 dBA penalty for noise occurring from 7:00 p.m. to 10:00 p.m. and a +10 dBA penalty for noise occurring from 10:00 p.m. to 7:00 a.m. (Caltrans 2013).1 The relationship between the peak-hour Leq value and the Ldn/CNEL depends on the distribution of noise during the day, evening, and night; however noise levels described by Ldn and CNEL usually differ by 1 dBA or less. Quiet suburban areas typically have CNEL noise levels in the range of 40 to 50 CNEL, while areas near arterial streets are in the 50 to 60+ CNEL range (FTA 2018).
Sensitive Receptors
Sensitive land uses are uses that have associated human activities that may be subject to stress or significant interference from noise, such as residences, schools, childcare facilities, religious institutions, hospitals, libraries, parks and recreational facilities, health care facilities, convalescent centers, and retirement homes. Various standards have been developed to address the compatibility of land uses with noise levels. The standards place special emphasis on land uses that are considered sensitive to high noise levels. Sensitive land uses in the City of Los Alamitos includes residential, churches, hospitals, institutional and recreational uses, and open space areas. Two housing sites of the Housing Element, Site 6 at 4655 Lampson Avenue and Site 10 at 5030 – 5084 Katella Avenue, are within the JFTB 60 CNEL contour according to the Airport Land Use Commission (ALUC) Airport Environs Land Use Plan (i.e., the ambient noise environment is 60 to 64 CNEL), as shown in Figure 1. 1 Because Ldn and CNEL are typically used to assess human exposure to noise, the use of A-weighted sound pressure level (dBA) is implicit. Therefore, when expressing noise levels in terms of Ldn or CNEL, the dBA unit is not needed.
Figure 1 Joint Forces Training Base Noise Contours and Housing Sites 6 and 10
Regulatory Setting
City of Los Alamitos
The City’s General Plan Public Facilities and Safety Element contains the following goals and policies which are relevant to the project:
▪ Policy 4.1 Land use compatibility - Approve development and require mitigation measures to ensure existing and future land use compatibility as shown in the City’s Noise Ordinance, the Land Use and Noise Compatibility Matrix, the State Interior and Exterior Noise Standards, and the Airport Environs Land Use Plan for the JFTB.
▪ Policy 4.6 Aircraft noise - Work with the JFTB and the Long Beach Airport (LGB) to minimize the noise impact of small aircraft and helicopters on residential neighborhoods.
For the purposes of assessing the compatibility of noise-sensitive land uses and their surrounding noise environment, the City uses the Land Use and Noise Compatibility Matrix from the General Plan, which shows that residential uses are Normally Compatible up to 65 CNEL (Los Alamitos 2015). In this area, new construction or development should be undertaken only after detailed analysis of the noise reduction requirements are made and needed noise insulation features in the design are determined.
Orange County Airport Land Use Commission
The Orange County Airport Land Use Commission (ALUC) Airport Environs Land Use Plan for Joint Forces Training Base Los Alamitos contains noise standards pursuant to the suitability of noise-sensitive land uses exposed to aircraft noise. Table 1 shows the ALUC noise standards.
Table 1 ALUC Noise Standards
LAND USE CATEGORY
COMMUNITY NOISE EQUIVALENT LEVEL dB
55 60 65 70 75 80
Residential (all types):
Single and Multi-Family Residences
Community Facilities:
Churches, Libraries, Schools,
Preschools, Day-Care Centers,
Hospitals, Nursing/Convalescent
Homes, & Other noise sensitive uses
Commercial:
Retail, Office
Industrial:
NORMALLY CONSISTENT
Conventional construction methods used. No special noise reduction requirements.
CONDITIONALLY CONSISTENT
Must use sound attenuation as required by the California Noise Insulation Standards, Title 25, California Code of Regulations.
Residential use sound attenuation required to ensure that the interior CNEL does not exceed 45 dB. Commercial and industrial structures shall be sound attenuated to meet Noise Impact Zone “1” criteria (refer to Section 3.2.3).
NORMALLY INCONSISTENT
All residential units are inconsistent unless sound attenuated to ensure that the interior CNEL does not exceed 45 dB, and that all units are indoor oriented so as to preclude noise impingement on outdoor living areas.
As show in Table 1, residential uses are considered Conditionally Consistent up to 65 CNEL and must use sound attenuation to meet the State interior noise requirement of 45 CNEL.
California Building Code
California Code of Regulations Title 24, Building Standards Administrative Code, Part 2, Chapter 12, and the California Building Code codify the State noise insulation standards. These noise standards apply to new construction in California to control interior noise levels as they are affected by exterior noise sources and interior noise sources from separate areas. The regulations specify that interior noise levels shall not exceed 45 CNEL in any habitable room.
Existing Noise Setting
The Los Alamitos JFTB is an active military installation and airfield that provides support and training facilities for military units and other national, state, and local organizations, including emergency operations. The Los Alamitos JFTB is home to an Army Aviation Support Facility and the California Army National Guard, as well as other units not related to aviation. The Los Alamitos JFTB may cause occasional noise intrusion from military aircraft at proposed Housing Sites 6 and 10. As discussed above, Housing Sites 6 and 10 are within the JFTB 60 CNEL contour. For comparison, existing noise levels along major roadways in the city are shown in Table 2. In all three cases, residential units are located on these roadways, and are experiencing noise levels substantially higher than the 60 – 64 CNEL identified by ALUC.
Table 2 City of Los Alamitos Ambient Noise Levels
Roadway Segment Noise Level (CNEL)
Los Alamitos Boulevard Farquhar Avenue to
Orangewood Avenue
76.1 Katella Avenue I-605 to Los Alamitos
Boulevard
78.3 Cerritos Avenue Los Alamitos Boulevard to
Bloomfield Street
71.1 Source: Los Alamitos 2015.
In addition, based on a noise survey conducted for the General Plan where aircraft overflights were present, short-term noise measurements indicate that at approximately 1,300 feet from the JFTB runway, noise levels were 52 dBA Leq and up to 70.3 dBA Lmax (Los Alamitos 2014). At another site approximately 1,400 feet from the JFTB runway, noise levels were 48.3 dBA Leq and up to 61.2 dBA Lmax.
For perspective, Housing Sites 6 and 10 are approximately 1,825 feet and 1,650 feet from the nearest runway, respectively.
As discussed, Housing Sites 6 and 10 are within the JFTB 60 CNEL contour, according to the ALUC Airport Environs Land Use Plan. Therefore, future residential development in these areas would be considered Normally Compatible by the City and Conditionally Consistent by the ALUC. It is worth noting that existing noise levels along major roadways in the City, as shown in Table 2, are substantially greater than noise levels expected at future residences of Housing Sites 6 and 10 of up to 64 CNEL due to aircraft noise. It should also be noted that there are already existing residences located closer to the JFTB south of proposed Housing Site 10, which are exposed to higher aircraft noise levels than would be experienced at Housing Site 10. It is also worth noting that some smaller airports do not include 60 CNEL in their noise contour maps; they begin with 65 CNEL (e.g., Torrance Municipal Airport, Hawthorne Municipal Airport, and Oxnard Airport). The City is not aware of extensive aircraft noise complaints and, “the current activities of the base generally do not disturb the surrounding civilian areas” (Los Alamitos 2015). While JFTB activity and related noise may increase on the weekends, individual overflight events are intermittent and, according to the ALUC Airport Environs Land Use Plan for Joint Forces Training Base Los Alamitos, current and projected airfield operations at the JFTB are less than 10 jets or 25 propeller-driven aircraft on an average busy day (ALUC 2017). Therefore, aircraft noise exposure at Housing Sites 6 and 10 would be periodic and intermittent in nature, and future residents would not be exposed to constant aircraft overflight noise. Finally, it is worth noting that both the 2022 and 2015 JFTB noise contour figures (Attachments 4 and 5 to the City of Los Alamitos Request for Consideration of Draft Housing Element Update (2021 – 2029) from January 19, 2023, by the ALUC), appear to show that neither Housing Site 6 nor Housing Site 10 are located within the 60 CNEL contour, with the contours from 2022 being more recent than those contained in the ALUC Airport Environs Land Use Plan from 2017.
Aircraft Noise Mitigation
Since Housing Sites 6 and 10 would be considered Normally Compatible by the City and Conditionally Consistent by the ALUC, a design-level acoustical study should be prepared for any future residential development at these sites to demonstrate that interior noise levels do not exceed 45 CNEL in habitable rooms. However, based on the noise attenuation described above, a reduction of 20 to 35 dBA with
windows closed would mean that interior noise levels on Sites 6 and 10 would be expected to reduce interior noise levels below 45 CNEL if the following design considerations are implemented:
1. Provide mechanical ventilation so that windows may be left closed by occupants. This can be achieved passively with z-ducts, fresh air ducts, or an approved equal.
2. Exterior walls shall meet a Sound Transmission Class (STC) rating of at least 46. One method to achieve this would be standard exterior walls with 6-inch studs, R-13 insulation or thicker, a minimum 7/8-inch exterior surface stucco plaster, and interior finish with 5/8-inch drywall.
3. All windows shall be rated STC 26 (assumed to be standard dual-pane windows required per Title 24 energy standards) or higher.
4. All exterior balcony doors shall be rated STC 26 or higher.
5. All entry doors shall be insulated against weather and sound with nonporous seals. Caulk entry door thresholds as they are placed.
6. Use permanently nonhardening sealant around perimeters of window frames.
7. Window assemblies shall be constructed with effective nonporous gaskets or weatherstripping to minimize air infiltration and sound leakage.
8. Provide airtight construction at all exterior walls with acoustical or other nonhardening sealant at floor plates.
9. Use door jamb and head gasketing and door bottom gasketing at entry doors to seal the solid core doors against weather and sound.
The acoustical study shall also specify any additional roof construction material specifications beyond standard roofing, truss or joists, insultation and gypsum board that may be necessary to ensure an interior noise environment of 45 CNEL or less.
Finally, it is recommended that future tenants and prospective buyers at Housing Sites 6 and 10 be notified in the rental, lease, or purchase agreement and disclosures that the area may be subject to elevated aircraft noise levels at times and that it is within the 60 CNEL contour of the JFTB. * * *
This concludes our findings of aircraft-related noise from the JFTB affecting proposed Housing Sites 6 and 10 and our recommendations for aircraft noise mitigation at future housing developments in these areas. Please do not hesitate to let us know if you have any questions about the findings of this letter report.
Sincerely,
Rincon Consultants, Inc.
Josh Carman, INCE-USA
Director
References
California Department of Transportation (Caltrans). 2013. Technical Noise Supplement to the Traffic Noise Analysis Protocol. (CT-HWANP-RT-13-069.25.2).
Federal Highway Administration (FHWA). 2011. Highway Traffic Noise: Analysis and Abatement Guidance (FHWA-HEP-10-025).
Federal Transit Administration (FTA). 2018. Transit Noise and Vibration Impact Assessment Manual.
Los Alamitos, City of. 2014. Los Alamitos General Plan Update Draft EIR.
Los Alamitos, City of. 2015. Los Alamitos General Plan.
Orange County Airport Land Use Commission. 2017. Airport Environs Land Use Plan for Joint Forces Training Base Los Alamitos.
United States Environmental Protection Agency. 1974. Information on levels of environmental noise requisite to protect public health and welfare with an adequate margin of safety. Report No. 550/9-74-004 March 1974.
Regular City Council Agenda - July 17, 2023
Item 11B
ATTACHMENT 7
Site 7 Location
Relationship to Flight Paths
Regular City Council Agenda - July 17, 2023
Item 11B
ATTACHMENT 8
City of Los Alamitos
CITY COUNCIL AGENDA REPORT
MEETING DATE: July 17, 2023 ITEM NUMBER: 12A
To: Mayor Tanya Doby & Members of the City Council
Presented By: Irving Montenegro Jr., Manager
Subject: Pine StrEATs Grant Program
SUMMARY
This item for Council's consideration is an Economic Development driven grant program, Pine strEATs. This program is a supplementary feature to the highly anticipated citywide special event, Celebrate Los Al.
RECOMMENDATION
1. Review the Pine strEATs Grant Program; and,
2. Authorize Staff to launch the Pine strEATs Grant Program in conjunction with the Celebrate Los Al event; and,
3. Appropriate funding in the amount of $110,000 from the American Rescue Plan Act (ARPA) funds towards the Pine strEATs Grant Program.
BACKGROUND
The City of Los Alamitos is set to launch the MemorialCare Miller's Children's & Women's Hospital, Long Beach Celebrate Los Al event on Saturday, September 16, 2023. This event includes a multitude of features including Serve Los Al, Universal Waste Systems (UWS) Race Los Al, My City My Los Al Street Fair, a public safety fair, and Pine strEATs.
As a component of this event, the Pine strEATs program is aimed at promoting Los Alamitos' local restaurants. Each participating restaurant will be allotted a serving station/booth in order to offer sample tastings to the public and promote their restaurant to those in attendance. The Pine strEATs Grant Program will provide assistance to 20 City-based restaurants to cover the cost of participating in the event, such as food, labor, and promotional materials.
DISCUSSION
The Pine strEATs Grant Program is intended to promote local restaurants and create new ways for them to connect with the Los Alamitos community. As proposed, the program will cover reimbursable costs of up to $5,000 for expenses related to personnel, supply costs, and promotional materials necessary for participation in the event. The program is designed to assist up to 20 restaurants. Eligible Los Alamitos-based restaurants interested in participating in the program are required to complete the Pine strEATs Grant Application.
Each restaurant will receive a copy of the grant program’s guidelines, which explain in detail the specific criteria for reimbursable costs and the participation guidelines. Below are some of the program’s guidelines:
• Restaurant must hold an active Los Alamitos Business License with no outstanding code violations.
• Restaurant must be a permanent establishment in the City of Los Alamitos and under the five main categorical restaurant types: quick service, fast casual, catering, casual dining, and fine dining. Home-based food related businesses are encouraged to apply and may be considered for approval. Examples of home-based food related businesses may consist of gourmet cookies, cake pops, and Charcuterie service. • Restaurant must be available for the entirety of the event, including set-up and tear down.
• Participating restaurants will have a specific allotted time period, before the date of the event and after the event, to submit Reimbursement Forms for all appropriate expenses, along with the sales report or receipts with line items. The described items must be submitted during the allotted time period to secure reimbursement. • Restaurants are able to submit the required documentation for reimbursement at three different phases during the grant program. Restaurants with appropriate documentation may receive partial reimbursement prior to and after the event. If requested, a restaurant may request reimbursement up front to cover the initial purchase of food supplies. Draft program information has been provided for the Council's review as attachments. Program documentation will be finalized after the Council's discussion this evening.
The grant's goal is to provide Los Alamitos-based restaurants with an opportunity to market their businesses directly to the thousands of event attendees. The tickets or wristbands will be sold at a minimal charge to event attendees so they may sample the variety of food options, similar to the City's past practice with the Los Alamitos' Bites and Bikes program. The money collected from ticket sales will benefit the Los Alamitos Community Foundation.
FISCAL IMPACT
The maximum number of eligible restaurants will be twenty (20) and each may receive up to $5,000 in reimbursable expenses for a total projected cost of $100,000. Outreach, marketing, event related equipment at the City’s expense outside the grant monies is estimated to be an additional $10,000 for a total of $110,000. The City is in receipt of funding from the American Rescue Plan Act (ARPA), which will be utilized for the Pine strEATs Grant Program.
Attachment: 1. PinestrEATs Grant Application (Draft)
2. Pine strEATS Grant Program Guidelines (Draft)
3. Pine StrEATS Grant Reimbursable Form (Draft)
1 Pine strEATs Grant Application
September 16, 2023
The City of Los Alamitos’ Economic Development Division is offering Los Alamitos based businesses a grant opportunity of up to $5,000 for participation in Pine strEATs program as part of Celebrate Los Al event. Grant funding may be used to cover event related personnel and supply costs, including marketing expenses to help promote participating businesses at the event. The objective is to showcase some of the hidden gems in Los Alamitos for all in attendance and encourage residents to sample each of the participating businesses’ selected food items.
Applications will be accepted beginning
Tuesday, July 18, 2023, at 8:00 a.m. through Thursday, September 7, 2023, by 5:00 p.m.
APPLICANT/BUSINESS OWNER
Name of Applicant
Street
City State ZIP
Phone Number Email Address
BUSINESS
Name of Business
Street
City Zip Cell Phone #
Business Phone # Email Address
Website
EXHIBITOR REQUIREMENTS
Exhibitor is required to operate throughout the entire program of the event which will consist of arrival/set up time beginning at 2:00 p.m., ready for business from 4:30p.m. through 8:30p.m., tear down from 8:30p.m. through 10:00p.m. Booths are limited. Exhibitor may not sell any items at any time during the event. Exhibitor is strongly encouraged to bring flyers, menus, coupons, awards, business cards, banners, and pictures which may help attendees decide to visit their restaurant after the event. Must be a permanent establishment in the City of Los Alamitos with an active Business License and under the five main categorical restaurant types: quick service, fast casual, catering, casual dining, and fine dining. Home-based, food related business may apply (examples of such businesses may consist of gourmet cookies, cake pops, charcuterie service, etc.). Subject to staff discretion.
Must be clear of any active code violations.
BOOTH SPACE
Booth will consist of one (1) 1O' x 1O' private canopy with lights, one (1) 6’ table, table linen, and two (2) chairs.
2 Pine strEATs Grant Application
September 16, 2023
If an additional 6' table is needed, you must make the request in writing via email to [email protected] no later than 5:00 p.m., September 7, 2023. Additional equipment will not be provided the day of the event.
Exhibitor will be provided with a map and booth number prior to the event date. The space contracted for is to be used solely for the name that appears on the application and it is agreed that no portion will be sublet or used by any other organization or business. Exhibitors and their exhibits are limited to their assigned booth space.
Marketing displays and material cannot block or interfere with booth space of other Exhibitors.
Exhibitor agrees to indemnify, defend and hold harmless the City of Los Alamitos from any liability that arises as a result of operation of said booth. Exhibitor guarantees payment to the City of Los Alamitos for the replacement cost of unreturned and/or damaged rental items.
ELECTRICITY
An electricity outlet is available for a very limited number of booths and is limited to 15 amps only. Electricity must be requested by 5:00 p.m. on September 7, 2023. No extensions cords will be provided. All extension cords used must be in safe, operable working condition.
SET-UP AND TEAR DOWN
Pine StrEATs is open to the public from 5:30 p.m. – 8:30 p.m. Every exhibitor booth must be staffed and operational during the entire duration of this event. Exhibitors will not be allowed to leave before the end of event.
Exhibitors will have access to the area starting at 2:00 p.m. There will be no early check-in. Carts, hand trucks and dollies are not supplied by the City of Los Alamitos and will not be available for exhibitor use for set-up and tear down. Exhibitor booth must be completely set up and ready to serve the public no later than 4:30p.m.
FOOD AND BEVERAGES
Food exhibitors will need to provide plates, napkins, and utensils. Exhibitors will need to provide staff and table decorations for their space and their selected taste serving menu item(s) in advance for City approval by the application deadline. This is intended to avoid duplicate taste serving menu item(s) by multiple food exhibitors.
Exhibitor agrees to provide taste size servings of an item(s) from your menu for approximately 3,000 people. This number is subject to change. A “taste” is defined as a serving of approximately 3 ounces and/or small enough to be placed in one’s mouth whole. Attendees may return for additional servings, but each serving should be no more than a “taste”.
Open flames or other devices emitting flame, fire, or heat or any flammable or combustible liquids, gas, charcoal, or other cooking devices or any other unapproved devices shall not be permitted inside or located within 20’ of the tent or membrane structure while open to the public. Food warmers will be permitted in the canopies. If there is a need for a BBQ, grill, hibachi, or other form of cooking on site, the request must be made by 5:00 p.m. on September 7, 2023, to provide logistical arrangements. The request is not guaranteed due to limited space.
PUBLICITY
Exhibitor name and/or logo will be included on select event advertising, which may include website, flyers, email blasts, social media advertising, posters, etc. Exhibitors are strongly encouraged to apply early for maximum publicity. The name for advertising will be what was completed on the application and the City will not be responsible for producing replacement advertising materials.
3 Pine strEATs Grant Application
September 16, 2023
ACKNOWLEDGMENT, AGREEMENT AND CERTIFICATION
Acknowledgment: I/We understand that this grant is being provided by the City of Los Alamitos based solely upon the information that I/we have provided in this application. I am also verifying that there are no outstanding tax liens or legal judgments against the business.
By signing below, I/we certify that the above information and statements are true and correct to the best of my/our knowledge. I/we understand that a false statement may disqualify me/us from benefits.
Owner Signature
Owner Printed Name
Date
Co-Owner Signature
Co-Owner Printed Name
Date
PINE STREATS GRANT PROGRAM GUIDELINES
In a continued effort to support our City of Los Alamitos based restaurants, the City of Los Alamitos’ Economic Development Division will be offering a grant up to $5,000 per participating restaurant for their commitment at the upcoming Celebrate Los Al event on Saturday, September 16, 2023, at Pine Street.
The conditions of appropriate event related expenses and approval for their awarded grant will be contingent on the following eligibility guidelines:
Event Related Expenses
• Personnel costs with verification of employment and detailed labor hours dedicated for the event only. Exclusions will be anything unrelated to the event. • Supply costs includes any of the following:
o Food supplies with a “taste” from the menu serving a minimum of 3,000 people. A “taste” is defined as a serving of approximately 3 ounces and/or small enough to be placed in one’s mouth whole.
o Additional food supplies must include sufficient quantities of plates, napkins, and utensils.
• Marketing Costs includes any of the following intended to be used at the event:
o Vinyl banners with 2’ x 10’ dimensions for canopy display with bronze grommets at each corner.
o Business cards, flyers, menu, coupons, and pop-up banners.
Grant will not cover any additional items and all purchases are subject to City Staff approval.
Participation Guidelines
• Must hold an active City of Los Alamitos Business License with no outstanding code violations.
• Must be a permanent establishment in the City of Los Alamitos under the following categorical restaurant types: quick service, fast casual, catering, casual dining, and fine dining. Home-based, food related business may apply (examples of such businesses may consist of gourmet cookies, cake pops, charcuterie service, etc.). Subject to staff discretion.
• Must submit the Grant Application in order to become a participant of the program. • Participating restaurants will have a designated time period before the date of the event and after the event to submit Reimbursement Forms for all appropriate expenses, along with the sales report or receipts with line items. The described items must be submitted during the allotted time period to secure reimbursement. • Must be available for the entirety of the event, including set-up and tear down. • Minors must be accompanied by an adult and only restaurant staff may be in the space provided.
• Additional guidelines may be found on the Pine strEATs Grant Application.
Date
Business Name
Address
RE: PINE STREATS GRANT PROGRAM – REIMBURSEMENT FORM
The City of Los Alamitos announces its inaugural Pine strEATs Grant Program. Participating restaurants will be eligible for a grant up to $5,000 for their commitment to be present at the City’s Celebrate Los Al event. Each restaurant will be reimbursed for event related expenses such as personnel costs, supply expenses including food supplies and marketing materials, all of which are directly used for the event. Additional conditions may apply and may be found in the Pine strEATs Grant Program Guidelines.
To process reimbursements, please fill out the attached form with a sales report or receipts with line items. The described items must be submitted during the allotted time period of Monday, July 24, 2023 through October 16, 2023, to secure reimbursement. The reimbursement of purchases will only be made in three payment cycles during this period. All labor related expenses must be presented with detailed representation of hours worked and verification of employment with the restaurant.
Failure to present all required documentation may result in non-reimbursable action.
The City’s Finance staff will process reimbursement and mail a check to the name and mailing address provided on the application. Please allow up to three weeks of reimbursement to occur from the moment the form was submitted to City Hall. City Hall operating hours are Monday through Thursday from 7:30 a.m. to 5:30 p.m. (exception of Federal Holidays). City Hall is closed on Fridays.
The City of Los Alamitos thanks you for your interest and participation.
Sincerely,
CITY OF LOS ALAMITOS
NAME
Please fill out the form completely and attach all associated receipts.
Attn: Development Services Department
Los Alamitos City Hall
3191 Katella Avenue
Los Alamitos, CA 90720
Submitted by (print) _________________________________________________________ Phone Number ______________________________________________________________ Email _____________________________________________________________________ Check will be made out to the applicant name and mailed to the address provided on the Original Application.
Business Name as Listed on Application:
Business Address ____________________________________________________ ___________________________________ __________________________ Signature Date
**REMEMBER TO ATTACH A COPY OF THE RECEIPTS OR A SALES REPORT* Pine strEATS Reimbursement Form
s Alamitos – Los Al Bucks Reimbursement Form
amitos – Los Al Bucks Reimbursement Form