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Home My WebLink About04 DRAFT EIR FOR JWA SETTLEMENT AGREEMENT MODIFICATION AND EXTENSION1�� O AGENDA REPORT t%S�1 MEETING DATE: TO: FROM: JULY 1, 2014 JEFFREY C. PARKER, CITY MANAGER Agenda Item Reviewed. City Manager Finance Director COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: TUSTIN RESPONSE TO DRAFT ENVIRONMENTAL IMPACT REPORT FOR JOHN WAYNE AIRPORT SETTLEMENT AGREEMENT MODIFICATION AND EXTENSION SUMMARY: City Council concurrence is requested for the City of Tustin's response to the Draft Environmental Impact Report (DEIR) for the proposed modification and extension of the John Wayne Airport Settlement Agreement. The proposed project would extend the existing arrival and departure curfews through 2035, while allowing for a phased increase in the maximum number of annual passengers from 10.8 to 12.5 million. An increase in average daily departures of the noisiest (Class A) aircraft from 85 to 95 departures is also proposed. RECOMMENDATION: That the City Council direct staff to forward the attached response letter to the County of Orange. FISCAL IMPACT: There are no fiscal impacts associated with this action. CORRELATION TO THE STRATEGIC PLAN: Staff's review of the DEIR for the John Wayne Airport Settlement Agreement Amendment falls under Goal D of the Strategic Plan pertaining to strong community and regional relationships. The City of Tustin strives to work collaboratively with agencies both within and outside Tustin on issues of mutual interest and concern, and in this instance, on matters of airport noise and other potential impacts to the community. City Council Agenda Report JWA Settlement Agreement Extension July 1, 2014 Page 2 BACKGROUND: In 1985, the County of Orange adopted a Master Plan for development of facilities at JWA and an increase in previously imposed limits on certain aircraft operation. Following the adoption, litigation was initiated by the County of Orange, the City of Newport Beach, and two community groups (the Airport Working Group and Stop Polluting Our Newport Beach). In summer of 1985, the group settled the litigation through an agreement that set limitations on the facilities, number of flights and passengers, and the hours of operation at John Wayne Airport. This agreement was subsequently amended and extended and now is set to expire on December 31, 2015. In anticipation of the expiration, the signatories to the original settlement agreement have begun the process of further modifying and extending the agreement. PROJECT DESCRIPTION: There are six (6) principal restrictions in the Settlement Agreement: 1. Term of the Agreement 2. Curfew 3. Annual passengers limit or "MAP Cap" or Million Annual Passengers Cap 4. Number of Class A Average Daily Departures (ADDs) allocated for passenger services 5. Number of Class A Average Daily Departures (ADDs) allocated for all -cargo service 6. Number of passenger loading bridges. The project proposes to extend the terms of the Settlement Agreement through December 31, 2030, extend the existing curfews through December 31, 2035, and to gradually increase the annual passenger limit and the number of Class A passenger flights. The project does not propose any physical improvements to the Airport facilities. The following table shows the existing and proposed principal terms of the project: Principal Restrictions Current Limit Proposed Project Tenn Through December 31, 2015 Through December 31, 2030 Curfew Through December 31, 2015 Through December 31, 2035 Annual Passenger Limit (MAP) Phase 1 10.8 MAP 10.8 MAP Jan 1, 2016 — Dec 31, 2015 Phase 2 10.8 MAP 11.8 MAP Jan 1, 2021 — Dec 31, 2025 Phase 3 10.8 MAP 12.5 MAP Jan 1, 2026 - Dec 31 -2030 Passenger Flights (Class A AD4s) Phase 1 85 Class A ADDs 85 Class A ADDs Jan 1, 2016 — Dec 31, 2015 Phase 2 Jan 1, 2021 — Dec 31, 2025 85 Class A ADDs 95 Class A ADDs City Council Agenda Report JWA Settlement Agreement Extension July 1, 2014 Page 3 Phase 3 Jan 1, 2026 - Dec 31 -2030 85 Class A ADDS 95 Class A ADDS Cargo Flights (Class A ADDS).. Jan 1, 2016 — Dec 31, 2030 4 Class A ADDS 4 Class A ADDS Passenger Loading Bridges 2 Jan 1, 2016 —Dec 31, 2020 20 20 Jan 1, 2021 — Dec 31, 2030 20 No Limit The project objectives include: 1) increased air transportation opportunities, 2) protection of environmental interests and quality of life, 3) preservation of grandfathered restrictions established by the 1985 Settlement Agreement, 4) providing certainty regarding the level of aviation activity at John Wayne Airport, and 5) consideration of the current aviation environment, the needs of affected communities, and the industry interests at John Wayne Airport. City staff has reviewed the subject DEIR, copies of which may be obtained upon request from the Community Development Department. Based on concerns related to noise, hazards, and air quality, staff believes that it is in the City's interest to be on record regarding this matter and has prepared correspondence expressing the City's concerns regarding the DEIR (Attachment). The comments requested the County to address potential increase in noise affecting Tustin; mitigate any significant increase in CNEL of 3 dB or more; and evaluate any potential impact on historical resources. Staff requests that the Tustin City Council review and consider these comments and, if acceptable, concur with their formal transmittal to the County of Orange. o• Sco Ree t Principal Planner Attachment: Draft Comment Response Letter Elizabeth A. Binsack Community Development Director July 2, 2014 Ms. Lea Choum JWA Project Manager John Wayne Airport 3160 Airway Avenue Costa Mesa, CA 92626 SUBJECT: REVIEW OF THE JOHN WAYNE AIRPORT SETTLEMENT AGREEMENT AMENDMENT DRAFT ENVIRONMENTAL IMPACT REPORT Dear Ms. Choum: Thank you for the opportunity to provide comments on the Draft Environmental Impact Report (DEIR) for the proposed extension and amendment of the existing John Wayne Airport (JWA) Settlement Agreement between the County of Orange, the City of Newport Beach and two (2) citizens groups. The proposed project would extend the existing arrival and departure curfews through 2035, while allowing for a phased increase in the maximum number of annual passengers from 10.8 to 12.5 million. An increase in average daily departures of the noisiest (Class A) aircraft from 85 to 95 departures is also proposed. The City of Tustin (COT) would prefer no expansion of JWA based on the significant noise, hazard, and air quality impacts associated with additional aircraft arriving at, and departing from, the airport. However, the phased increases in the annual passenger limit and the daily number of Class A passenger flights under the proposed project are preferable to Alternatives A, B, and C, and are better than the loss of the protections and limitations currently provided by the Settlement Agreement. The City of Tustin offers the following comments on the DEIR: 1. The DEIR should analyze the increase in noise levels and potential hazards related to the change in air traffic patterns resulting from the increase in the number of flights arriving into JWA. As the number of flights increases, the flight patterns over Tustin will likely become more dispersed, thereby creating noise disturbances and posing potential safety risks where none may presently exist. In addition, the City would suggest additional noise monitoring stations be placed in Old Town Tustin and the vicinity. We would appreciate working with the JWA and the County of Orange on the locations. 2. The DEIR should recognize a significant increase in CNEL of 3dB or more, regardless of the CNEL level. Such increases should be appropriately mitigated. 3. The project may negatively impact historical resources that may require sound attenuation as a result of increased aircraft noise levels in Old Town Tustin. For example, the window openings on many historical buildings cannot be effectively sound proofed without removing the original County of Orange JWA Settlement Agreement Extension July 2, 2014 Page 2 windows, thereby altering the historical significance of the buildings. The DER should evaluate these potential impacts to historical resources. Thank you again for the opportunity to provide comments on the DEIR. The COT would appreciate receiving a copy of the Final EIR, with responses to comments, when it becomes available, and all future public hearing notices with respect to this project. If you have any questions regarding the COT's comments, please contact me at (714) 573 -3031. Sincerely, Elizabeth A. Binsack Community Development Director cc: Supervisor Todd Spitzer Jeffrey C. Parker Doug Stack Justina Willkom Scott Reekstin Xerni�4mnenU eJ WA N14 W.e lAgreement A.eM .M DEIR L, e- a[