Attachment E
Agency Comment Letters Regarding Intent to Override ALUC 18-139
Docusign Envelope ID: EA7BA6C2-B420-4CD6-87F1-37687EE22CF5 18-140
Docusign Envelope ID: EA7BA6C2-B420-4CD6-87F1-37687EE22CF5 18-141
Docusign Envelope ID: EA7BA6C2-B420-4CD6-87F1-37687EE22CF5 18-142
Docusign Envelope ID: EA7BA6C2-B420-4CD6-87F1-37687EE22CF5 18-143
Docusign Envelope ID: EA7BA6C2-B420-4CD6-87F1-37687EE22CF5 18-144
“Provide a safe and reliable transportation network that serves all people and respects the environment” DIVISION OF AERONAUTICS - M.S. #40
1120 N STREET
P. O. BOX 942874
SACRAMENTO , CA 94274-0001
PHONE (916) 654- 4959
FAX (916) 653-9531
TTY 711
www.dot.ca.gov
May 14, 2025
Ms. Rosalihn Ung Electronically Sent: [email protected] Principal Planner
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
Dear Ms. Ung,
The California Department of Transportation, Division of Aeronautics (Caltrans), supports cities, counties, and Airport Land Use Commissions (ALUCs) in developing land use policies that promote public health, safety, and welfare near airports. We appreciate the opportunity to provide input on the City’s proposed overrule of the Orange County ALUC determination.
On April 16, 2025, Caltrans received an email that included Resolution No. 2025-13 declaring an intent to overrule the ALUC’s March 20, 2025, inconsistency determination for the proposed Housing Opportunity (HO) Overlay Zoning and Coastal Zoning Districts Project (PA2024-0205) (Project) with the Airport Environs Land Use Plan (AELUP) for the John Wayne Airport (JWA).
Caltrans has reviewed the proposed Findings and Facts in Support (Findings) provided by the City of Newport Beach (City) and the Staff Report from ALUC dated February 20, 2025, and the Inconsistency Determination letter dated March 20, 2025.
Caltrans has reviewed the proposed Findings of Resolution No. 2025-13 and has determined the Findings are sufficient to warrant the proposed overrule. Specifically, the Findings appear to be consistent with the purposes of the statutes set forth in the California Public Utilities Code (PUC) section 21670-21676.5, as well as noise and safety certain criteria disseminated in the AELUP for the JWA.
PUC Section 21675.1(f) states: “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 property or personal 18-145
Ms. Ung, Principal Planner
May 14, 2025
“Provide a safe and reliable transportation network that serves all people and respects the environment” injury resulting from the city’s or county’s decision to proceed with the action, regulation, or permit.”
Pursuant to PUC Section 21676(a), Caltrans and ALUC comments shall be included in the public record of any decision to overrule the ALUC. If you have questions or we may be of further assistance, please contact me at [email protected] or I can be reached at (916) 907-2219.
Sincerely,
Vincent Ray,
Aviation Planner
Caltrans Division of Aeronautics
c: Julie Fitch, Executive Director, ALUC Orange County, [email protected] 18-146