Attachment B
City Council Resolution No. 2026-53
Overriding ALUC Determination
RESOLUTION NO. 2026-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, FINDING AN
AMENDMENT TO THE NEWPORT PLACE PLANNED
COMMUNITY DEVELOPMENT PLAN (PC-11) TO REVISE
THE MINIMUM INCLUSIONARY FOR-SALE HOUSING
PERCENTAGE REQUIRED WITHIN THE RESIDENTIAL
OVERLAY CONSISTENT WITH THE PURPOSES OF THE
STATE AERONAUTICS ACT AND OVERRIDING THE
ORANGE COUNTY AIRPORT LAND USE
COMMISSION'S DETERMINATION OF INCONSISTENCY
WITH THE 2008 JOHN WAYNE AIRPORT ENVIRONS
LAND USE PLAN (PA2025-0196)
WHEREAS , Section 200 of the City Charter, of the City of Newport Beach ("City") vests the City Council with the authority to make and enforce all laws, rules, and regulations with respects to municipal affairs subject only to the restrictions and limitations contained in the Charter and the State Constitution, and the power to exercise, or act pursuant to any and all rights, powers and privileges, or procedures granted or prescribed by any law of the State of California;
WHEREAS, Newport Place is a Planned Community ("PC-11 ") in the Airport Area, generally bounded by MacArthur Boulevard, Jamboree Road, Birch Street, and Bristol Street North, and originally designed in the early 1970s with clusters of office parks and industrial uses;
WHEREAS, the introduction of the Mixed Use - Horizontal 2 (MU-H2) General Plan Land Use classification in the Airport Area as a part of the 2006 General Plan Land Use Element created an opportunity for residential uses; WHEREAS, on July 24, 2012, the City Council adopted Ordinance No. 2012-14, amending PC-11 to create the Residential Overlay ("Overlay"), which was necessary to secure certification of the 4th Cycle Housing Element, as it had a greater potential to accommodate the City's Regional Housing Needs Assessment ("RHNA"); WHEREAS, the amendment to PC-11 implemented use and development standards for multi-unit residential projects including a requirement that 30% of the units in a residential development be affordable to lower-income households for a minimum of 30 years;
Resolution No. 2026-
WHEREAS, on September 13, 2022, the City adopted Resolution No. 2022-60, approving the 6th Cycle Housing Element for the 2021-2029 period, which was subsequently certified by the State Department of Housing and Community Development on October 5, 2022;
WHEREAS, the Airport Area Environs ("Airport Area") is one of the five focus areas of the 6th Cycle Housing Element where new housing opportunity sites are identified to satisfy the City's RHNA allocation of 4,845 new housing units; WHEREAS , at least 2,577 housing units are planned for the Airport Area, which comprises approximately 25% of the City's planned housing capacity; WHEREAS, on July 25, 2023, the City adopted Ordinance No. 2023-13, reducing the minimum inclusionary housing requirement of the Overlay from 30% to 15% for both for-sale and rental housing developments;
WHEREAS, on April 9, 2024, the City Council approved the necessary land use entitlements for the development of a 67-unit condominium project, the Residences at 1401 Quail Street, by lntracorp Homes (PA2023-0040);
WHEREAS, the lntracorp Homes project is located within the Overlay and includes the 15% inclusionary requirement;
WHEREAS, lntracorp Homes has since requested that the City consider lowering the required inclusionary percentage for for-sale housing, as the approved project is no longer financially feasible;
WHEREAS, on September 24, 2024, the City adopted Resolution No. 2024-73, amending portions of Sections 3 and 4 of the 6th Cycle Housing Element; WHEREAS , on November 4, 2025, the City adopted Resolution No. 2025-77, initiating an amendment to PC-11 to lower the minimum percentage of inclusionary for sale housing within the Overlay ("Amendment"), in accordance with Section 20.56.050(E) (Development Plan Amendments) and Section 20.56.050(8) (Development Plan) of the Newport Beach Municipal Code ("NBMC");
WHEREAS, a public hearing was held by the Planning Commission on March 19, 2026, in the City Council Chambers located at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the public hearing was given in accordance with Government Code Section 54950 et seq. ("Ralph M. Brown Act") and Chapter 20.62 (Public Hearings) of the NBMC. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this public hearing; Resolution No. 2026-
WHEREAS, at the hearing, the Planning Commission adopted Resolution No.
PC2026-009 ( 4 ayes, 1 recusal, and 2 absent), recommending the City Council approve the Amendment to reduce the minimum inclusionary for-sale housing percentage within the Overlay from 15% to 6% for lower-income households (i.e., very-low and low) and 8% for moderate-income households;
WHEREAS, California Public Utilities Code ("CPUC") Section 21676(b) requires the City to refer the Amendment to the Orange County Airport Land Use Commission ("ALUC") to review for consistency with the 2008 John Wayne Airport Environs Land Use Plan ("AELUP");
WHEREAS , on April 16, 2026, the ALUC conducted a public hearing and determined (5 ayes, 1 vacancy, 1 absent) that the Amendment is inconsistent with the AELUP as provided in ALUC's determination, which attached hereto as Exhibit "A," and incorporated herein by reference;
WHEREAS , pursuant to Sections 21670 and 21676 of the CPUC, the City Council may, after a public hearing, propose to overrule the ALUC with a two-thirds vote, if the City Council makes specific findings that the Amendment is consistent with the purpose of Section 21670 of the CPUC to protect 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; WHEREAS , the City Council held a duly noticed public hearing on May 12, 2026, in the City Council Chambers, located at 100 Civic Center Drive, Newport Beach, California. A notice of time, place, and purpose of the hearing was given in accordance with CPUC Section 21676(b) and the Ralph M. Brown Act. Evidence, both written and oral, was presented to, and considered by, the City Council at this hearing; WHEREAS , at the conclusion of this hearing, the City Council adopted Resolution No. 2026-27, by a unanimous vote (5 ayes, 2 recusals) to notify the ALUC and State Department of Transportation Aeronautics Program ("Aeronautics Program") of the City's intent to override the ALUC's inconsistency finding;
WHEREAS, notice of the City's intent to override the ALUC inconsistency determination, along with Resolution No. 2026-27 was sent via certified mail and emailed to ALUC and Aeronautics Program on May 13, 2026;
Resolution No. 2026-
WHEREAS , the City received two comment letters in response to the notice of the City's intent to override the inconsistency determination, from ALUC and the Aeronautics Program in accordance with CPUC Section 21676, which are attached hereto as Exhibits "B" and "C" respectively, and incorporated herein by reference consistent with CPUC Section 21676(a); and
WHEREAS, the City Council held a duly noticed public hearing on July 14, 2026, in the City Council Chambers, located at 100 Civic Center Drive, Newport Beach, California. A notice of time, place, and purpose of the hearing was given in accordance with CPUC Section 21676(b) and the Ralph M. Brown Act. Evidence, both written and oral, was presented to, and considered by, the City Council at this hearing.
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows:
Section 1: The City Council has evaluated the comments provided in Exhibits "B" and "C" from the reviewing agencies and does hereby make findings necessary to override the ALUC's determination that the Amendment is consistent with the purposes of Section 21670 of the CPUC and the AELUP to protect 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.
Finding Facts in Support of Findings:
A. The Amendment is consistent with the noise standards of the AELUP.
The AELUP guides development proposals to provide for the orderly development of John Wayne Airport ("JWA") and the surrounding area through implementation of the standards in Section 2 (Planning Guidelines) and Section 3 (Land Use Policies) of the AELUP.
Implementation of these standards are 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 that no structures or activities adversely affect navigable airspace.
Section 2.1 .1 of the AELUP sets forth the Community Noise Equivalent Level ("CNEL") standards, and Sections 3.2.3 and 3.2.4 of the AELUP define the noise exposure in the 60 dBA to 65 dBA CNEL noise contour (Noise Impact Zone 2) as "Moderate Noise Impact." Section 3, Table 1 (Limitations on Land Use Due to Noise) of the AELUP identifies residential uses as "normally consistent" for the 60 dBA CNEL noise contour.
Resolution No. 2026-
The Overlay is located within the 60 dBA and 65 dBA CNEL noise contours as shown on the City's updated noise contour maps as part of the 6th Cycle Housing Element Implementation Noise - Related Amendments and the 60 dBA and 65 dBA noise contours as shown on the AELUP. As currently set forth in the Overlay, residential development shall be limited to parcels wholly or partially outside the 65 dBA CNEL noise contour, unless and until the City determines, based on substantial evidence, that the sites wholly within the 65dBA contour area are needed for the City to satisfy its 6th Cycle RHNA mandate and shall be required to comply with the development standards set forth in Section 20.30.0S0(F) (Residential Use Proximate to John Wayne Airport) of the NBMC.
8. The Amendment is consistent with the safety standards of the AELUP.
Section 2.1.2 (Safety Compatibility Zones) of the AELUP sets forth zones depicting which land uses are acceptable in various portions of JWA environs. Allowed uses in Safety Zone 6 include residential and most nonresidential uses, except outdoor stadiums and similar uses with very high intensities. Uses that should be avoided include children's schools, large day-care centers, hospitals, and nursing homes. Risk factors associated with Safety Zone 6 generally include a low likelihood of accident occurrence.
The Overlay is located within Safety Zone 6 and residential uses are allowed in this zone.
The City's General Plan Safety Element Policy S 8.6 (John Wayne Airport Traffic Pattern Zone) demonstrates that the City acknowledges the importance of the JWA Safety Zones:
"Use the most currently available John Wayne Airport (JWA) Airport Environs Land Use Plan (AELUP) as a planning resource for evaluation of land use compatibility and land use intensity in areas affected by JWA operations. In particular, future land use decisions within the existing JWA Clear Zone/ Runway Protection Zone (Figure S5) should be evaluated to minimize the risk to life and property associated with aircraft operations ." The Amendment complies with the policies and regulations within the JWA Airport Planning Area and follows the safety standards of the AELUP as it is located within Safety Zone 6 and is not within the JWA Clear Zone/ Runway Protection Zone.
C. The Amendment is consistent with the purpose and intent of the AELUP and will not result in incompatible land uses adjacent to JWA.
The standards and policies set forth in AELUP Sections 2 and 3 were adopted to prevent the creation of new noise and safety problems and are also included in PC-11. The Amendment seeks to revise the minimum affordability housing percentage for for-sale residential development within the Overlay, from 15% to 6% for lower-income households Resolution No. 2026-
(i.e., very-low and low) and 8% for moderate-income households. No other changes are proposed.
Section 2: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution.
Section 3: If any section, subsection, sentence, clause or phrase of this resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this resolution. The City Council hereby declares that it would have passed this resolution, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.
Section 4: 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 because it has no potential for resulting in physical change to the environment, directly or indirectly.
Resolution No. 2026-
Section 5: This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution.
ADOPTED this 14th day of July 2026.
ATTEST:
Lena Shumway
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Aaron C.
City Attor
Lauren Kleiman
Mayor
Attachments : Exhibit "A" -ALUC Inconsistency Determination dated April 17, 2026 Exhibit "B" - Comment Letter from ALUC dated June 11 , 2026 Exhibit "C" - Comment Letter from Aeronautics Program dated May 20, 2026
Exhibit A
ALUC Inconsistency Determination dated April 17, 2026
AIRPORT LAND USE COMMI SSION
FOR ORANGE C OUNTY
3160 Airway Avenue • Costa Mesa, California 92626 • 949.252.5170 fax: 949.252.6012 Apiil 17, 2026
Rosalinh Ung, P1incipal Plam1er
City of Newport Beach
Community Development Department
100 Civic Center Drive
Newport Beach, CA 92660
Subject:
Dear Ms. Ung,
ALUC Determination for Newp01t Beach Newport Place Planned C01mnunity (PC- 11) Development Plan Amendment related to Affordable Housing Percentage in Residential Overlay (P A2025-0196)
During the public meeting held on April 16, 2026, the Airport Land Use Commission (ALUC) for Orange County considered the subject item. The matter was duly discussed and with a 5-0 vote (Bresnahan , Beverburg, Hibard, Klema, and Murphy), the Commission found the Newport Beach Newport Place Planned Community (PC-11) Development Plan Amendment related to Affordable Housing Percentage in Residential Overlay (P A2025-0196) to be inconsistent with the Airport Environs Land Use Plan for John Wayne Airport (AELUP). The inconsistent finding was based on Section 2.1.1 Aircraft Noise; Section 2.1.2 Safety Compatibility Zones; Section 2.1 .4, and PUC Section 21674; and 3.2.1 General Policy.
Please contact me at [email protected] or (949) 252-5170 if you have any questions regarding this proceeding. Thank you!
Sincerely,
'}~~
Julie Fitch, AICP
Executive Officer
cc: ALUC Commissioners
Exhibit B
Comment Letter from ALUC dated June 11, 2026
AIRPORT LAND USE COMMISSION
FOR ORANGE COUNTY
3160 Airway Avenue• Costa Mesa, Cali fornia 92626 • 949.252.5170 fax: 949.252.6012 June 11, 2026
Rosalinh Ung, Principal Planner
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
Subject:
Dear Ms. Ung,
Response to Notice of Intent to Overrule the Airport Land Use Commission Determination Regarding the Amendment to Newport Place Planned Community Development Plan (PC-11) (P A2025-0l 96)
We are in receipt of the City of Newport Beach (City) letter dated May 13, 2026, and City Council Resolution No. 2026-27 notifying the Airport Land Use Commission (ALUC) for Orange County of the City's intent to overrule the ALUC's inconsistency determination on the proposed Amendment to the Newport Place Planned Community Development Plan (PC-11) related to the minimum inclusionary for-sale housing percentage required within the Residential Overlay (PA2025-0l 96). In accordance with Section 21676 of the Public Utilities Code, the ALUC submits the following comments addressing the proposed overrule findings for the above-referenced project. These comments shall be included in the public record of a final decision to overrule the ALUC.
Please be advised that California Public Utilities Code (PUC) Section 21678 states: "With respect to a publicly owned airport that a public agency does not operate,if the public agency pursuant to Section 21676, 21676.5, or 21677 overrules a commission's action or recommendation, the operator of the airport shall be immune from liability for damages to property or personal injury caused by or resulting directly or indirectly from the public agency's decision to overrule the commission 's action or recommendation."
Background
On April 16, 2026, the ALUC for Orange County found the proposed Newport Place Planned Community Development Plan (PC-11) Amendment related to Affordable Housing Percentage in Residential Overlay (P A2025-0196) to be inconsistent with the Airport Environs Land Use Plan (AELUP) for John Wayne Airport (JWA). The inconsistency determination was based on AELUP Sections 2.1.1, 2.1.2, 2.1.4, PUC Section 21674, and Section 3.2.1.
City ofNewpo1i Beach Amendment to Newpoti Place (PC-I I) (PA2025--0l 96) June 11, 2026
Pursuant to Section 1.2 of the AELUP for JWA, the purpose of the AELUP is to safeguard the general welfare of the inhabitants within the vicinity of the airport and to ensure the continued operation of the airport. Specifically, the AELUP seeks to protect the public from the adverse effects of aircraft noise, to ensure that people and facilities are not concentrated in areas susceptible to aircraft accidents, and to ensure that no structures or activities adversely affect navigable airspace.
Additionally, Section 2.1.4 oftheAELUP forJWA and PUC Section 21674 charge the Commission to coordinate at the local level to ensure compatible land use planning. The current PC-11 Development Standards no longer contain the same airport noise compatibility limitation that supported the ALUC's prior consistency determination in July 2023. The proposed Amendment also relies on the 2014 Settlement Agreement/EIR 617 noise contours rather than the noise contours adopted in theAELUP forJWA. Because those contours have not been adopted by ALUC or incorporated into the AELUPjor JWA, the City's proposed actions are inconsistent with the AELUPforJWA.
ALUC has the following additional comments regarding the findings included in Resolution No. 2026-27 and the facts provided in support of those findings.
Response to Finding A - Regarding Noise Standards:
Finding A states that the Amendment is consistent with the noise standards of the AELUP because the Residential Overlay is located within the 60 dBA and 65 dBA CNEL noise contours and residential uses are identified as "n01111ally consistent" within the 60 dBA CNEL noise contour.
Finding A further provides that residential development shall be limited to parcels wholly or partially outside the 65 dBA CNEL noise contour unless and until the City detennines, based on substantial evidence, that sites wholly within the 65 dBA contour area are needed to satisfy the City's 6th Cycle RHNA mandate.
The ALUC acknowledges that residential uses may be identified as normally consistent within the 60 dB A CNEL noise contour. However, unlike the amendment considered by ALUC in July 2023, the current PC-11 Development Standards no longer contain the airport noise compatibility limitation that supported the prior consistency determination.
For purposes of ALUC review, the applicable noise contours are those contained in the adopted AELUP.for JWA. A consistency analysis cannot be based on different or updated noise contours unless those contours have been incorporated into theAELUP. Because the proposed Amendment relies on the 2014 Settlement Agreement/EIR 61 7 noise contours, and because the current PC-11 Development Standards no longer contain the prior airport noise compatibility limitation, the proposed Amendment remains inconsistent with the AELUPfor JWA.
Response to Finding B - Regarding Sa(~Y-
Pursuant to AELUP Section 2.1.2, "[ s ]afety and compatibility zones depict which land uses are acceptable and which are unacceptable in various portions of airport environs. The purpose of these zones is to support the continued use and operation of an airport by establishing compatibility City of Newpoti Beach Amendment to Newpmt Place (PC-I I) (PA2025-0 l 96) June l l, 2026
and safety standards to promote air navigational safety and to reduce potential safety hazards for persons living, working or recreating near JW A."
Finding B states that the Residential Overlay is located within Safety Zone 6, that residential uses are allowed in this zone, and that the Amendment is not within the JW A Clear Zone/Runway Protection Zone. The ALUC acknowledges that the Residential Overlay is located within Safety Zone 6 and outside Safety Zone 3. However, the fact that residential uses may be allowed in Safety Zone 6 does not end the compatibility analysis, particularly where aircraft overflight, proximity to JW A, and noise compatibility remain relevant considerations.
Newport Place Planned Community is located within Safety Zone 6 Traffic Pattern Zone, with a small portion also within Safety Zone 3 -- Inner Turning Zone. Flight tracks included in the ALUC staff report show numerous general aviation flights over the Newport Place Planned Community, including one day of Reverse Flow operations. Considering the applicable Safety Zones, proximity to JWA, and aircraft overflight activity, safety and land use compatibility remain relevant considerations for this Amendment.
Response to Finding C - Regarding Purpose and Intent of the AELUP and Compatibility with Adjacent Land Uses:
Finding C states that the Amendment is consistent with the purpose and intent of the AELUP and will not result in incompatible land uses adjacent to JW A because it would revise only the minimum affordability housing percentage for for-sale residential development within the Overlay, from 15 percent to 6 percent for lower-income households and 8 percent for moderate income households, and no other changes are proposed.
By virtue of AELUP for JWA Sections 1.2 "Purpose and Scope" and 2.0 "Planning Guidelines," the ALUC understands the complex legal charge to protect public airports from encroachment by incompatible land use development, while simultaneously protecting the health, safety and welfare of citizens who work and live in the airport's environs. To this end, and as also statutorily required, ALUC proceedings are benefited by several members having expe1iise in aviation.
Although the proposed Amendment is limited to the affordable housing percentage, it applies within a Residential Overlay that no longer contains the same airport noise compatibility limitation that suppmied the prior ALUC consistency detennination. Therefore, while the Amendment does not directly modify the Residential Overlay boundaries or other development standards, it would further facilitate for-sale residential development under standards that ALUC found inconsistent with the AELUP for JWA. Based upon careful consideration of all information provided, the applicable AELUP policies, the ALUC-adopted noise contours for JW A, and input from ALUC members with expertise in aviation, the ALUC found the proposed PC-11 Amendment to be inconsistent with the AELUPfor JWA.
We urge the City Council to take ALUC's concerns into consideration in its deliberations prior to deciding whether to overrule ALUC. Thank you for the opportunity to provide these comments.
Sincerely,
City of Newport Beach Amendment to Newport Place (PC-I I) (P A2025-0196) June 11 , 2026
~L (j_;J?. ~ , ____
Stephen Beverburg
Vice Chairman
cc: Airport Land Use Commission for Orange County
Caltrans/Division of Aeronautics
Exhibit C
Comment Letter from Aeronautics Program dated May 20, 2026
From: Akhtar, Ahmed@DOT <[email protected]>
Sent: May 20, 2026 11:28 AM
To: Ung, Rosalinh
Cc: Friedman, Matthew L@DOT; Tabshouri, Tarek I@DOT; [email protected] Subject: Caltrans Aeronautics Response – Newport Beach Overrule Intent (PA2025-0196)
Attachments: Aeronautics Response_ City of Newport Beach Overrule May 2026.pdf
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Dear Ms. Ung,
Attached is the Caltrans Division of Aeronautics response regarding the City of Newport Beach’s intent to overrule the Orange County ALUC’s inconsistency determination for the Newport Place Planned Community Development Plan (PC11) (Project PA2025-0196).
After reviewing Resolution No. 2026-27 and the associated Findings, Caltrans concurs with the ALUC’s April 16, 2026 determination that the Project is inconsistent with the John Wayne Airport AELUP and recommends revisions to ensure compliance with applicable statutory and policy requirements.
Please let me know if any additional information is needed.
Sincerely,
Ahmed Akhtar
Ahmed Akhtar
Planner
Office of Aviation Planning
Division of Aeronautics
(916) 917-3477
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May 20, 2026
Ms. Rosalinh 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 (ALUC) 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 May 13, 2026, Caltrans received an email that included Resolution No. 2026-27 declaring an intent to overrule the ALUC’s April 16, 2026, inconsistency determination for the proposed Newport Place Planned Community Development Plan (PC11) Project (PA2025-0196) (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 March 19, 2026, and the Inconsistency Determination letter dated April 16, 2026.
Based on the proposed Findings of Resolution No. 2026-27, Caltrans has determined that the Findings are not sufficient to warrant the proposed overrule. Specifically, the Findings do not appear to be consistent with the purposes of the statutes set forth in the California Public Utilities Code (PUC) sections 21670–21676.5, nor with the noise and safety criteria disseminated in the AELUP for the JWA. Caltrans concurs with the ALUC’s determination that the City’s Newport Place Planned Community (PC-11) Development Plan is inconsistent with the AELUP and recommends that the City revise its proposal to ensure full compliance with applicable statutory and policy requirements.
Ms. Rosalinh Ung, Principal Planner
May 20, 2026
“Provide a safe and reliable transportation network that serves all people and respects the environment” 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 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) 917-3477.
Sincerely,
Ahmed Akhtar
Aviation Planner
Caltrans Division of Aeronautics
c: Julie Fitch, Executive Director, ALUC Orange County, [email protected]