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CITY ATTORNEY’S OFFICE
3900 MAIN STREET
RIVERSIDE, CA 92522
(951) 826-5567
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIVERSIDE,
CALIFORNIA, DECLARING ITS INTENT TO OVERR ULE THE
RIVERSIDE COUNTY AIRPORT LAND USE COMMISSION’S FINDING
OF INCONSISTENCY WITH THE RIVERSIDE COUNTY AIRPORT
LAND USE COMPATIBILITY PLAN REGARDING THE ANTON
MISSION GROVE APARTMENTS PROJECT, LOCATED AT 375
ALESSANDRO BOULEVARD, GENERALLY SITUATED ON THE
NORTHWEST CORNER OF MISSION GROVE PARKWAY AND
MISSION VILLAGE DRIVE, SOUTH OF ALESSANDRO BOULEVARD,
RIVERSIDE, CALIFORNIA ASSESSOR’S PARCEL NUMBER 276- 110- 018.
WHEREAS, an application was submitted by Regional Properties, Inc. (“Applicant”) for PR- 2022-001359 (General Plan Amendment, Specific Plan Amendment , Zoning Code Amendment , Tentative Parcel Map, Design Review for site design and building elevations , and an Environmental Impact Report) (collectively “Project”) on 9.92 acres of land l ocated at 375 Alessandro Boulevard, generally situated on the nort hwest corner of Mission Grove Parkway and Mission Village Drive, south of Alessandro Boulevard, in the City of Riverside, California , Assessor’s Parcel No. 276- 110- 018; and
WHEREAS, the Project is located within the land use compatibility plan area of the March Air Reserve Base/Inland Port Authority (“MARB”), as designated by the 2014 March Air Reserve Base/Inland Port Authority Land Use Compatibility Plan (“ALUCP”); and WHEREAS, the Project is located in Airport Compatibility Plan Zone C2; and WHEREAS, the primary focus of the ALUCP is for noise and safety impacts, as well as to make compatibility determinations for compliance of all proposed development around an airport; and WHEREAS, on September 14, 2023, the Riverside County Airport Land Use Comm ission (“ALUC”) determined that the Project was inconsistent with the ALUCP in that the Project's residential density is inconsistent with the Zone C2 maximum residential density criteria; and WHEREAS, on September 25, 2023, the Applicant filed an appeal of ALUC’s determination with the City Council, a copy of which is attached hereto as Exhibit “A” and incorporated herein by reference; and
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28 CITY ATTORNEY’S OFFICE
3750 UNIVERSITY AVENUE
RIVERSIDE, CA 92507
(951) 826-5567
WHEREAS, on July 18, 2024, the Planning Commission of the City of Riverside reviewed the Project and on a vote of 7-2, the Project was deemed approved; and WHEREAS, the City Council of the City of Riverside, by a two-thirds vote, has the authority to overrule the ALUC’s decision based on specific findings that the proposal is consistent with the purposes of ALUC law to protect public health, safety and welfare ensuring (1) the orderly expansion of airports, and (2) 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.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Riverside, California, as follows:
Section 1: The above recitals are hereby found and determined to be true and correct and are hereby incorporated herein as if stated in full.
S ection 2 : The City Council hereby finds that:
1. The Project will not affect the orderly expansion of the March Air Reserve Base (“MARB”). a. The Project is consistent with residential development surrounding the MARB, specifically in Zone C2 and will not result in the encroachment of incompatible residential densities affecting current or future MARB operations. The Project involves the redevelopment of an underutilized commercial parcel with a multi-family residential development. The Project’s proposed General Plan designation and zoning designation of Mixed Use-Urban, are consistent with surrounding development, and would assist in transitioning land use between commercial and single-family residential uses. b. The Project site is located within the Mission Grove Plaza shopping center and is bordered on the north, west, and east (across Mission Grove Parkway) by shopping centers, which have a General Plan Land Use Designations of C – Commercial and is zoned CR-SP – Commercial Retail and Specific Plan (Mission Grove) Overlay Zones and is developed with retail uses. Multi -family residences are located further north (across Alessandro Boulevard), which have a General Plan Land Use Designation of
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28 CITY ATTORNEY’S OFFICE
3750 UNIVERSITY AVENUE
RIVERSIDE, CA 92507
(951) 826-5567
HDR – High-Density Residential and are zoned R -3-3000-SP – Multi-Family Residential and Specific Plan (Mission Grove) Overlay Zones. The project site is bordered on the south by a single -family residential neighborhood (across Mission Village Drive), which has a General Plan Land Use Designation of Medium High - Density Residential (MHDR) and is zoned R -1-7000-SP – Single-Family Residential and Specific Plan (Mission Grove) Overlay Zones).
c. The surrounding residential uses exceed the 6.0 dwelling units per acre requirement of Zone C2. Of note, several multi-family residential uses are located in Zone C2, near the Project. Mission Villas Condominium complex (located at 200 E. Alessandro Boulevard), Mission Grove Park Apartments (located at 7450 Northrop Drive), and Estancia (located at 787 1 Mission Grove Parkway South) are within proximity to the Project Site; Mission Grove Park Apartments and Estancia are both located closer to MARB than the project site. Mission Grove Park consists of 432 units and has a density of 16 dwelling units per acre; Estancia consists of 208 units and has a density of 17.3 dwelling units per acre. The project is consistent with other multi -family residential developments in the C2 Zone.
d. Additionally, the Project consists of infill development of an underutilized commercial site. The vast majority of properties within Zone C2 have been built out, largely by single-family residences . Few infill sites, such as the Project, are available for development. As such, the Project would not encourage other developments to exceed Zone C2 density standards or encroach upon MARB operations.
2. The project minimizes the public’s exposure to excessive noise and safety hazards within areas around the Airport.
a. The Project is consistent with the aircraft noise standards of the ALUCP and the requirements of PUC Section 21670.
i. The MARB ALUCP provides the CNEL considered normally acceptable for new residential uses in the vicinity of MARB is 65 dBA. (ALUCP, § 2.3(a)).
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28 CITY ATTORNEY’S OFFICE
3750 UNIVERSITY AVENUE
RIVERSIDE, CA 92507
(951) 826-5567
The Project site is approximately 3.3 miles from the end of Runway 14- 30 at MARB. The MARB ALUCP depicts the site as being below the 60 CNEL range from aircraft noise. Therefore, ALUC found no special measures were required to mitigate aircraft-generated noise. Because the Project is consistent with the noise standards in the MARB ALUCP, the Project also complies with the noise standards in the City of Riverside General Plan. (General Plan Noise Element, Figure N-10.) While multifamily or mixed uses are n ot defined in the City’s General Plan Noise Element, the “normally acceptable” noise level for an infill single family residential use is between 55 and 65 dBA CNEL. Accordingly, noise exposure from MARB would not exceed normally acceptable levels for the Project site.
ii. The Project will comply with Riverside Municipal Code requirements regarding construction noise and will not compound noise related to MARB operations. All construction would take place between 7:00 a.m. and 7:00 p.m. on weekdays, 8:00 a.m. and 5:00 p.m. on Saturdays, and would not take place at any time on Sunday or a federal holiday. (RMC, § 7.35.020). The Project will utilize standard construction techniques to ensure interior noise levels from aviation-related sources are no more than CNEL 40 dB (ALUC, § 2.3(b)(1)). iii. The Project will also comply with ALUC noticing conditions and will provide a “Notice of Airport in Vicinity” to all prospective purchasers and occupants of the property.
3. The Project does not propose any uses specifically prohibited or discouraged in Compatibility Zone C2 (highly noise-sensitive outdoor nonresidential uses or hazards to flight), such as major spectator-oriented sports stadiums, amphitheaters, concert halls and drive-in theaters.
4. The Project will have no impact on Federal Aviation Administration Federal Aviation Regulations (FAA FAR) Part 77.
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28 CITY ATTORNEY’S OFFICE
3750 UNIVERSITY AVENUE
RIVERSIDE, CA 92507
(951) 826-5567
a. The FAA FAR Part 77 Surface Map is a map used by the FAA and the ALUC to identify potential obstructions and hazards to aviation traffic. The ALUC uses the map as a height restriction boundary for purposes of making consistency determinations with its ALUCP. The elevation of Runway 14-32 at its northerly terminus is 1,535 feet above mean sea level (“AMSL”). At a distance of approximately 17,464 feet from the project to the nearest point on the runway, FAA review would be required for any structures with top of roof exceeding 1,710 feet AMSL. The site’s highest finished floor elevation is approximately 1,595 feet AMSL with the highest proposed building height at 56 feet, resulting in a top point elevation of roughly 1,651 feet AMSL. Therefore, review of the building for height/elevation reasons by the FAA Obstruction Evaluation Service (“FAAOES”) is not required.
5. The Project will not impose a safety hazard due to height. a. The Project proposes to develop five, 4 -story residential apartment buildings with a maximum height of 56 feet. This is below the Mixed- Use – Urban Zone maximum height of 60 feet (RMC § 19.120.050) and well below the current CR - Commercial Retail Zone max imum height of 75 feet (RMC § 19.110.030). Development of the Project, as well as the proposed General Plan Amendment and change of zone, will result in a reduced maximum height than what currently exists for the site and for any project that could potenti ally be developed onsite if the current zoning is maintained.
Thus, the Project will not create an obstruction or hazard to air navigation within the meaning of 14 C.F.R. Part 77 nor does it create a safety hazard pursuant to PUC Section 21670.
6. The Project is consistent with non-residential density calculations. a. The project proposes to construct a 347- unit multi- family development with recreational amenities including 2,963 square feet of leasing office area, 1,001 square feet of pool area, 1,293 square feet of club area, and 2,386 square feet of fitness area.
ALUC found this non- residential square footage accommodates a total occupancy of
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28 CITY ATTORNEY’S OFFICE
3750 UNIVERSITY AVENUE
RIVERSIDE, CA 92507
(951) 826-5567
311 people, resulting in an average intensity of 31 people per acre, which is consistent with Zone C2 average intensity criterion of 200 people per acre. b. The project is also consistent with non- density residential requirements calculated by using the parking spaces provided by the Project. ALUC calculated average intensity by multiplying the number of parking spaces provided or required (whichever is greater) by average vehicle occupancy (assumed to be 1.5 persons per vehicle). ALUC misstated the number of spaces provided by the project and found that based on the number of parking spaces provided (misstated as 347 standard vehicles), the total occupancy would be estimated at 521 people for an average intensity of 53 people per acre, which is consistent with the Zone C2 intensity criterion of 200 people per acre.
However, the project actually provides 604 parking spaces. As such, using ALUC’s methodology, the total occupancy would be estimated at 906 people, for an average intensity of 91 people per acre. This remains considerably lower than Zone C2 average intensity criterion of 200 people per acre. Thus, while the unit count may exceed ALUC’s residential density requirements, the actual number of people onsite would be much lower than what ALUC would allow in Zone C2 if this were a commercial development, and accordingly would not impose a safety impact due to the intensity of people onsite in the event of an emergency.
7. The Project will not utilize equipment that would interfere with aircraft communications. a. There are no radar transmission or receiving facilities within the site. The Project’s solar panels are low profile and present little risk of interfering with radar transmission.
In addition, solar panels do not emit electromagnetic waves over distances that could interfere with radar signal transmissions, and any electrical facilities that do carry concentrated curren t will be buried beneath the ground and away from any signal transmission.
8. The Project site is currently a part of the Mission Grove Plaza Shopping Center and will continue to share parking spaces with the commercial development upon Project
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28 CITY ATTORNEY’S OFFICE
3750 UNIVERSITY AVENUE
RIVERSIDE, CA 92507
(951) 826-5567
implementation. As such, ample open space is provided adjacent to the Project in the even an aircraft requires an emergency landing.
9. While ALUC deemed the project inconsistent with the ALUC Compatibility Plan, Conditions of Approval were provided in the event the City Council approved the project and overrule request. The Project will comply with all feasible recommended ALUC conditions, as outlined below:
a. The Project will comply with the recommended ALUC conditions of approval, including restrictions on outdoor lighting, prohibited uses, and notices and informational brochures for prospective purchasers and tenants. b. The Project will also comply with recommended conditions related to light and glare with minor modifications to continue to ensure safety but allow for flexibility in the ultimate design of the Projects required solar panels.
i. Condition 7 Solar Arrays – The applicant is seeking to modify this condition to allow annual daylight minutes to deviate from the provided solar glare study up to a maximum of 20 percent, consistent with ALUC policy. If the updated solar glare study results in a) more than 20 percent of annual solar glare limits, b) any glare impacting the traffic control tower, or c) creation of any “yellow” or “red” level glare in flight paths, then the amended project shall require a new hearing by the Airport Land Use Commission.
Section 3: Based on the above findings, as well as the facts and findings set forth in the Applicants appeal letter attached hereto as Exhibit “A” the City Council hereby declares its intention to overrule the ALUC determination and approve the Project. / /
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28 CITY ATTORNEY’S OFFICE
3750 UNIVERSITY AVENUE
RIVERSIDE, CA 92507
(951) 826-5567
ADOPTED by the City Council this _________ day of _____________, 2024.
___________________________
PATRICIA LOCK DAWSON
Mayor of the City of Riverside
Attest:
_____________________________
DONESIA GAUSE
City Clerk of the City of Riverside
I, Donesia Gause, City Clerk of the City of Riverside, California, hereby certify that the foregoing resolution was duly and regularly adopted at a meeting of the City Council of said City at its meeting held on the _________ day of _____________, 2024, by the following vote, to wit:
Ayes:
Noes:
Absent:
Abstain:
IN WITNESS WHEREOF , I have hereunto set my hand and affixed the official seal of the City of Riverside, California, this ________ day of ______________, 2024.
_________________________________
DONESIA GAUSE
City Clerk of the City of Riverside
CA24-1163 ALB 07/23/24
EXHIBIT "A"