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HomeMy WebLinkAbout7/16/2014 - STAFF REPORTS - 1.E. i AIRPORT LAND USE COMMISSION RIVERSIDE COUNTY 2014 JR124 PA 7' 5 l June 19, 2014 CHAIR Simon Housman Mr. James Thompson, City Clerk Rancho Mlrags City of Palm Springs vlcE cmRmm 3200 East Tahquitz Canyon Way Rod BBe�llaace Palm Springs CA 92262 COMMISMONIEFIS RE: City Planning Case Nos. 5.1321 (Conditional Use Permit) and 6.533(Variance) Arthur Buder Dear Mr. Thompson: Riverside John Lyon Thank you for providing the Riverside County Airport Land Use Commission(ALUC)with a Riverside copy of the Notice of Public Hearing before the City's Planning Commission for this project, which proposes two wireless telecommunications facilities consisting of sixty-six foot tall Glen Holmes monopoles disguised as palm trees. This project is located within Airport Compatibility Zone HerrW C of the Palm Springs International Airport Land Use Compatibility Plan (PSIALUCP). Greg Pet is Cad'a"al Or" The City of Palm Springs has not applied for, or received, a determination from this Richard Stewart Commission that its General Plan is consistent with the Compatibility Plan, as adopted in Moreno valley 2005. Consequently, pursuant to Section 21676.5(a) of the California Public Utilities Cade, this project is subject to ALUC review. Accordingly, please advise the applicant for this STAFF project to submit this project to ALUC for a determination as to consistency with the Palm Director Springs international Airport Land Use Compatibility Plan. Application forms are available at Ed Cooper www.rcaluc.orr , click Forms. The ALUC determination must occur prior to the City's final discretionary action on the proposed project. Jahn Guerin Russell Brady EI,,h,,Samos Additionally, notification to the Federal Aviation Administration Obstruction Evaluation Service through the online Form 7460-1 process is required for projects when the elevation at the highest point(top of structures)would exceed the elevation of the nearest runway Rwrdde,cA 925in greater than 3,200 feet in length by more than one foot for every 100 feet of distance from 1931195"132 the runway to that structure. The elevation of the primary runway at Palm Springs International Airport at its northerly terminus is 474.4 feet above mean sea level. The project site is approximately 7,200 feet-- from the runway. At that distance, any structure whose top point exceeds 546 feet in elevation above mean sea level would require such notice to the FAA. Based on an approximate site elevation range of 540 to 544 feet above mean sea level, it would appear that these structures at top point would be approximately 610 feet in elevation above mean sea level and would, therefore, require FAA notice.. Please note that the above is simply a rough estimate in regard to the site's elevation and distance from the runway. However, the structures clearly will require FAA notification. While completion of the FAA aeronautical study is not required at the time of receipt of the ALUC application, we would require completion of the study and an FAA determination of "No Hazard to Air Navigation"as a necessary(but not necessarily sufficient)step toward a determination of consistency and, consequently, would not issue such a determination until the FAA review process has been completed. i AIRPORT LAND USE COMMISSION June 19, 2014 Please be advised that the FAA notification requirement Is Independent of ALUC action and whether or not an Airport Influence Area has been established pursuant to California state law. Thank you for the opportunity to provide comments. If you have any questions, please contact John Guerin of ALUC staff at(951) 955-0982. Sincerefy, RIVERSIDE CO UN RPORT LAND USE COMMISSION . Coope ire or JJGJG cc: David A. Newell, City of Palm Springs Planning Services Department Thomas Nolan, Executive Director, Palm Springs International Airport ALUC Staff Y:\ALUC%Airport Case Files\Palm Springs\CUP 5.1321 VAR 6.533 66foot antennas—Itr to Plm Spgs.doc 2 CHATTEN-BROWN& CARSTENs LLP 2200 PACFIC COAST HIGHwAY TELEPHONE:(310)798-2400 SUITE 318 &MAIL: FACSIMILE: (310)798-2402 HERMOSA BEACH,CALIFORNIA 90254 ACM@CBCEARTHLAW.COM www.cbcearthlawxom July 2, 2014 Via Email Original to follow Honorable City Council City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, CA 92263 Re: Proposed Palm Springs International Airport Master Plan Update Honorable Councilmembers: On behalf of the Palm Springs Modern Committee, please find the enclosed expert comments regarding the historic resource impacts of the proposed Palm Springs International Airport Master Plan Update ("Airport Master Plan Update")prepared by Peter Moruzzi in his capacity as a professional architectural historian. Mr. Moruzzi concludes that the expansion of the ticketing area included in the Airport Master Plan Update would have a significant adverse impact on the Class 1 Historic Site designated fagade of the Airport because it would enclose the existing open- air canopy where travelers enter the ticketing area. The enclosure of this area would alter a character-defining feature of the terminal building and result in a significant adverse impact. The mitigation measures included in the mitigated negative declaration(HIND) prepared for the Airport Master Plan Update fail to address this significant impact. (See attached comments from Peter Moruzzi.) The California Environmental Quality Act("CEQA") requires preparation of an EIR whenever a project may have a significant adverse impact on the environment. (Public Resources Code section 21151.) We have submitted expert evidence that enclosure of the open-air canopy adjacent to the ticketing area would have a significant historic resources impact. If the enclosure of the open-air canopy is not eliminated from the Airport Master Plan Update, an environmental impact report ("EIR") must be prepared before this project can be approved. Palm Springs City Council July 2, 2014 Page 2 of 3 CEOA's Requirements An EIR must be prepared instead of a MND when there is substantial evidence to support a fair argument that the project may have significant adverse environmental impacts. "The fair argument standard is a "low threshold" test for requiring the preparation of an EIR." (Pocket Protectors v. City Of Sacramento (2004) 124 Cal.AppAth 903, 928.) "If there is substantial evidence of a significant environmental impact, evidence to the contrary does not dispense with the need for an EIR when it can still be `fairly argued' that the project may have a significant impact." (Friends of"B" Street v. City of Hayward(1980) 106 Cal.App.3d 988, 1001; see also CEQA Guidelines § 15064.) CEQA section 21084.1 mandates that "[a] project that may cause a substantial adverse change in the significance of an historical resource is a project that may have a significant effect on the environment." A substantial adverse change in the significance of an historical resource means "physical demolition, destruction, relocation, or alteration of the resource or its immediate surroundings such that the significance of an historical resource would be materially impaired." (CEQA Guidelines § 15064.5(b)(1), emphasis added.) Material impairment includes altering those physical characteristics of an historical resource that convey its historical significance. (CEQA Guidelines § 15064.5(b)(2).) Expert Evidence of Significant Adverse Impact Mr. Moruzzi has found that the informal, welcoming feel provided by the open-air canopy at the entrance to the ticketing area is a character-defining feature of the Palm Springs Airport. In addition, he found that the mirror image open-air canopies of the ticket and baggage claim areas form the beautiful symmetry of architect Donald Wexler's original design. His expert opinion that enclosing this area would materially impair the historically significant Palm Springs Airport provides substantial evidence to support a fair argument that, as proposed, the Airport Master Plan Update would have a significant adverse impact on the historically significant Pahn Springs Airport. Thus, reliance upon a MND is improper, Conclusion The Palm Springs Modern Committee urges you to reconsider the proposed alteration of the ticketing area. The enclosure of the open-air canopy in the ticketing area is the only portion of the Airport Master Plan Update to which we object. If the enclosure were eliminated from the Airport Master Plan Update, the Palm Springs Modern Palm Springs City Council July 2, 2014 Page 3 of 3 Committee would have no objection with the project and use of an MND would be appropriate. Thank you for your time and consideration in this matter. Sincerely, Amy Minteer Attorney at Law Attachments: (1) Expert analysis of historic resource impacts by Peter Moruzzi with resume attached cc: Palm Springs Modern Committee Margo Wheeler, AICP, Director of Planning James Thompson, City Clerk E'ALM <3PRINOS h,(,..)ERN( O1 MITTEE June 30, 2014 Amy Minteer Chatten-Brown&Carstens 2200 Pacific Coast Highway, Suite 318 Hermosa Beach, CA 90254 Re: Historic Resource Impacts of Palm Springs International Airport Master Plan Update PrP P Dear Ms. Minteer, I am providing the following comments regarding the potential impacts to the historic Palm Springs Airport that would result from the proposed Airport Master Plan Update on behalf of the Palm Springs Modem Committee. As a full-time Architectural Historian with over ten years of experience with cultural resource issues who meets the Secretary of the Interior's professional qualification standards for Architectural History, I am qualified to provide experts analysis of this issue. My knowledge encompasses history, architectural history, and historic preservation. I have extensive experience in the preparation of historic resource assessment reports, CEQA-related and Section 106 documentation, historic resources surveys, landmark nominations, and Historic American Buildings Surveys(HABS). I am also a recognized expert in the history of twentieth century Modern architecture. My resume is attached. (Attachment 1.) These comments are based on my expertise and my familiarity with the Palm Springs Airport. My comments are limited to the impacts of the Airport Master Plan Update on the Airport terminal, where the fagade of the Palm Springs Airport has been designated a Class 1 Historical Site. The proposed Airport Master Plan Update would include several alterations to the terminal area. The public ticketing area would be expanded by relocating the fayade of the ticketing wing of the terminal toward the curb, thus enclosing the existing open-air canopy. The baggage claim area would also be expanded and the baggage claim handling units would be reconfigured. The City has prepared a mitigated negative declaration (MND)to analyze the impacts associated with the Airport Master Plan Update. It is my expert opinion that the enclosure of the open-air canopy along the ticketing area would result in a significant adverse impact to a character-defining feature of the historic Palm Springs Airport. The visual simulation of the altered ticketing area included in the cultural resource assessment demonstrates the dramatic difference the enclosure of the canopy within this area would have on the fagade of the Airport terminal. (Attachment 2, Cultural Resources Assessment, Figure 17.) Enclosure of the entire length of the canopy Palm Springs Modern Committee, PO Box 4738, Palm Springs, CA 92263 within the ticketing area would substantially alter the original appearance of the building, destroying its casual character and architectural symmetry.The open-air entrance canopy was a character-defining feature of smaller regional airports in vacation destinations throughout the I950s and 60s. At the Palm Springs Airport, the informal, welcoming feel of the open-air canopy allows visitors a final chance to embrace the Valley's marvelous views and warm desert air before departure. Architecturally, the open-air canopy complements the baggage claim arrival area—a mirror image of the ticketing area—that together form the stunning symmetry of architect Donald Wexler's design. The airport fagade's overall balance and symmetry is a key character-defining feature of the Palm Springs Airport and a significant factor in its designation as a Class One Historic Site. The Cultural Resource Assessment prepared as part of the MND acknowledges that the proposed alteration to the ticketing area would result in a substantial adverse change to the significance of the historic Palm Springs Airport. (Cultural Resources Assessment, p. 31.) However,the assessment incorrectly concludes that mitigation measures included in the MND would reduce this impact to a less than significant level. (Cultural Resources Assessment, p. 32.) The MND includes two mitigation measures to address the impacts of the Airport Master Plan Update on historic resources. Mitigation measure MM CUL-2 is intended to address impacts of the expansion of the ticketing area, but fails to do so. This measure requires: "Design the ticketing area expansion to incorporate the natural stone walls and 6-inch steel tube columns. If the services enclosed in the boxes around the columns prior to 2009 are being relocated as part of this project,the boxes shall be removed to reveal the original columns." (MND p. 35.) This mitigation measure fails to address the significant alteration of the ticketing area that would change the current open-air canopy into an enclosed area. Thus, this impact remains significant and use of a mitigated negative declaration is inappropriate. Further,the MND has failed to provide facts that support the need for the proposed enclosure. The MND also includes mitigation measure MM CUL-1, which requires the use of historically accurate materials and compatible design for the baggage claim area expansion. (MND p. 35.) I agree that this mitigation measure adequately addresses the impacts associated with the expansion of the baggage claim area. I also agree that expansion of this area is necessary and should be included in the Airport Master Plan Update. Thank you for considering these comments. Sincerely, Peter Moruzzi Architectural Historian Advocacy Chair, Palm Springs Modern Committee Palm Springs Modern Committee, PO Box 4738, Palm Springs, CA 92263 ATTACHMENT 1 Peter Moruzzi I Resume PETER MORUZZI Architectural Historian Peter Moruzzi, an Architectural Historian with over 10 years of years of Experience experience with cultural resource issues, meets the Secretary of 0 Total: 10 the Interior's professional qualification standards for History. ■ ICF: 5 Peter has significant experience in the preparation of historic resource assessment reports for governmental agencies and Education private parties, CEQA-related and Section 106 documentation, ■ BA, Economics, History historic resources surveys, and landmark nominations. He is subspecialty, university of also an expert in the history of twentieth century Modern California, Berkeley, 1983 architecture. As an Architectural Historian, utilizing Access database technology, Peter has managed historic resources professional Memberships surveys in the California cities of Riverside, Santa Monica, Los ' Board Member, Los Angeles Conservancy, 1994-2000 Angeles, Beverly Hills, Long Beach, Rancho Mirage, Pasadena, 8 Chairman, Los Angeles South Pasadena, and Santa Ana.Tasks included fieldwork, Conservancy's Modern research, evaluation, documentation, and public presentation Committee, 1992-1997 of findings. He has written historic resources assessments and ' Track Chair, California Preservation Foundation technical reports for clients throughout Southern California. For Conference.2009 the City of Santa Monica, Peter provides on-call historic ■ Member, Society of Architectural resources services including landmark assessments and design Historians, Southern California Chapter reviews.Additionally, he has authored several National Register ■ Founding President, Palm and California Register nominations. Peter has experience in Springs Modern Committee the application of the Secretary of the Interior's Standards for ■ Member, National Trust for the Treatment of Historic Properties and its applicable Historic Preservation guidelines. Key Skills Environmental Compliance. Peter has been a contributor to and preparer of numerous documents for Environmental Impact Reports/Statements specific to cultural resources under CEQA and Section 106 guidelines. These tasks include defining the areas of potential effect (APE); identifying, researching, and evaluating cultural resources; and analyzing potential impacts/effects of proposed projects including the recommendation of mitigation measures for project implementation. Project locations include Los Angeles (numerous areas), Pasadena, and Santa Monica. to Page 1 Peter Moruzzi I Resume Project Experience On-Call Historic Resources Consulting Services—City of Santa Monica Architectural Historian.ICF has been an on-call cultural resources consultant for the City of Santa Monica since 2009. As such, he conducts research and prepares evaluations for properties under consideration for designation by the City's Landmarks Commission, reviews discretionary applications submitted to the City Planning Division that may impact a potential or designated historic resource, and serves as a general consultant for cultural resource questions. Los Angeles County METRO Gold Line Eastside Extension Phase H—Los Angeles County Principal Investigator. Responsible for NHPA Section 106 historic properties surveys for the Metro East Side Transit Corridor Phase II project. Conducted and managed cultural surveys of buildings (1970 and older) along two alternative routes for a future light-rail extension. As a subconsultant, ICF's scope of work includes a database inventory of approximately 800 properties, as well as documentation of DPR 523 forms for each property. California High-Speed Rail Authority, Los Angeles County Segment of the California High Speed Train Project Principal Investigator. Under Section 106 requirements, conducted field surveys, researched, and documented 239 properties in the APE that required evaluation for National Register eligibility. Managed the Access database utilized for storing all property information and generating DPR forms. page la Peter Moruzzi I Resume Citywide Historic Resources Survey—City of Santa Monica Principal Investigator.ICF has completed an intensive-level citywide historic survey of structures built through 1968. The project involved completing a reconnaissance-level survey of the entire City and Historical Context Statements for the city as a whole, as well as for specific areas.There are approximately 13,600 properties with structures constructed prior to 1968 within the City that were surveyed.The project included a more intensive survey of relevant properties following the initial reconnaissance, resulting in a DPR primary record and/or continuation sheet for each such property. In addition, 11 new historic districts were identified and documented. The project goal was to achieve a uniform level of evaluation for the entire City. Downtown Long Beach Cultural Resources Survey—City of Long Beach, Project Manager and Principal Investigator.Completed an intensive-level historic resources survey, which focused on newly identified properties in commercial and residential areas.A Historic Context Statement specifically targeted to the area was prepared under the project scope. Managed the entire project, including field survey team, property research, context report, writing of DPR records, and final assessments. Customized Access database and publicly presented findings to Landmarks Commission. California Adelante/Eastside Historic Resources Survey—CRA/LA, Los Angeles Principal Investigator. Completed an intensive level historic resources survey of the Adelante/Eastside (Boyle Heights) redevelopment area of the City of Los Angeles. The focus was on the area's important industrial areas and its primary commercial thoroughfares. Newly identified properties and potential historic districts were documented utilizing DPR forms.The preparation of a comprehensive Historical Context Statement was an integral part of the project. Exposition/University Park Historic Resources Survey—CRA/LA, Los Angeles Principal Investigator. Completed an intensive level historic resources survey of the Exposition/University Park Redevelopment Project Area (formerly Hoover Redevelopment Area) of the City of Los Angeles.The project—an update of a previous historic resources survey—also involved the documentation of numerous properties not previously identified. Page 3 ATTACHMENT 2 ,i III IU a I a) 1 qr X a, ,—,TICKETING-EbSTING PHOTOGRAPH z ,TICKETING-REVISED STOREFRONT COMMON L S A FIGURE 17 Pdm spnrlgr faermatmadNrpart Culwdgriouruselommmt souace.e.Isss,.n1..�.1.mluYon,)ol) E fisting and Proposed Views tVIX1IXO1Mlgaru'Coluf.�l]YmsQl}/IYI)1 1.E. APPROVAL OF THE PALM SPRINGS INTERNATIONAL AIRPORT MASTER PLAN UPDATE AND MITIGATED NEGATIVE DECLARATION: RECOMMENDATION: 1) Continue the public hearing with no public testimony at this time; and 2) Direct the City Clerk to re-notice the Public Hearing pursuant to law. ITEM NO. PALM U;' City of Palm Springs Office of the City Cleric '200 E. Cahyuicz Canyon Way Palm Springs, Califbmi a 92260 TeL (760)320 820i • Fav (760)322-53.2 • Wcb www.pa l mapi i nigs—cal 10v NOTICE OF CONTINUANCE NOTICE IS HEREBY GIVEN that the Regular Meeting held on June 18, 2014, the City Council continued Public Hearing Item No. 1.C. to July 16, 2014: APPROVAL OF THE PALM SPRINGS INTERNATIONAL AIRPORT MASTER PLAN UPDATE AND MITIGATED NEGATIVE DECLARATION: ACTION: 1) Receive the Palm Springs International Airport Master Plan and associated environmental documents; 2) Continue the public hearing to the regular City Council meeting of July 16, 2014, with no public testimony at this time; and 3) Direct the City Clerk to post a Notice of Continued Public Hearing pursuant to law. Motion by Councilmember Lewin, seconded by Councilmember Mills. and carried unanimously. I, Kathie Hart, Chief Deputy City Clerk of the City of Palm Springs, California, certify this Notice of Continuance was posted at or before 7:45 p.m. on June 19, 2014, as required by established policies and procedures. KATHIE HART, CMC Chief Deputy City Clerk 02 Post Office Box 2743 0 Palm Sprints, California 92263-2743