Agenda Item 1 ~ June 20, 2012 FileNo. Z’iO~’1O AGENDA BILL Subject: Town Council Direction on the Submission of the Revised Mammoth Yosemite Airport Layout Plan Update Narrative (ALPUN) to the Federal Aviation Administration for Review and Comment Initiated by: Jen Daugherty, Associate Planner Ray Jarvis, Public Works Director Mark Wardlaw, Community Development Director BACKGROUND The purpose of this agenda item is for the Town Council to consider the recommendations from the Airport and Planning Commissions and provide direction to staff regarding the formal submission of the Airport Layout Plan Update Narrative (ALPUN) to the Federal Aviation Administration (FAA) for review and comment. Since the reintroduction of air service in 2008, the Town of Mammoth Lakes in partnership with Mammoth Mountain Ski Area (MMSA) and the FAA have made significant progress in securing air service contracts; completing required planning, design, and environmental analyses; and in capital facility improvements. Over time, the partnership has been expanded to include Mono County, and efforts are now underway, with the Eastern Sierra Air Alliance, to broaden the scope of participation and involvement to continue enhancement of commercial air service serving the community. On May 22nd, after completing extensive review and holding four public meetings on the subject, the Airport Commission recommended that the revised ALPUN, with modifications, be submitted to the FAA following consideration by the Planning Commission and Town Council. The Airport Commission’s modifications are incorporated into the ALPUN errata sheet. On June 13th, the Planning Commission found that the ALPUN is consistent with the General Plan and also recommended that the ALPUN be submitted to the FAA after Town Council consideration. Page 1 of 5 The staff reports for both Commissions are attached for Town Council reference. A meeting is also being scheduled for the Airport Land Use Commission’s review of the ALPUN for consistency with the Airport Land Use Plan’, but has not been scheduled at the time of this report’s publication. The Airport Land Use Plan was prepared in 1986 and established land use regulations for land surrounding the airport. The County will move forward with updating this Plan after the ALPUN process is completed and the FAA has approved the Airport Layout Plan (ALP). ANALYSIS/DISCUSSION The ALPUN describes the development criteria and rationale for the existing and proposed facilities necessary for the operation and development of the airport. The draft ALPUN was prepared by the Town’s Consulting Airport Engineer in July 2011 and has undergone extensive public input, including a peer review by Mead & Hunt, Inc. The draft ALPUN has been substantially revised to incorporate Federal Aviation Administration (FAA) comments and direction, peer review report recommendations, Airport Commission direction, a revised air service forecast, and public comments. The Airport and Planning Commissions have considered substantial public input and technical information (e.g., 283 comments and Mead & Hunt’s Peer Review Report) in developing their recommendations. Please see attached Airport and Planning Commission staff reports for additional information (Attachments 2 and 3). OPTIONS ANALYSIS Option 1: That the Town Council direct staff to formally submit the revised Airport Layout Plan Update Narrative (ALPUN) to the Federal Aviation Administration (FAA) for review and comment, with or without any modifications as directed by the Town Council. Option 2: That the Town Council provides different direction to staff. Option 3: That the Town Council takes no action on the matter. Option 1 would allow the ALPUN to be formally submitted to the FAA for review. Option 2 and 3 would delay the formal submittal of the revised ALPUN to the FAA. The Airport Land Use Plan applies to the area and land uses surrounding the airport. Page 2 of 5 VISION CONSIDERATIONS This effort implements the Town’s General Plan Community Vision, Economy Element, and Policy E. 1 .G. — “Develop facilities that support commercial and charter air carrier service.” Air service is in of itself a strategic initiative of the Town towards achieving a premier year-round resort community with increased visitation and resident and visitor satisfaction. The ALPUN also supports the Vision statement of offering a variety of transportation options that emphasize connectivity, convenience, and alternatives to the use of personal vehicles with a strong pedestrian emphasis. FINANCIAL CONSIDERATIONS Staff related costs of this work effort are funded by Airport and General funds. The update of the ALP is a one-time effort. Future improvements identified on the updated and FAA-approved ALP will be eligible for financial assistance from the FAA. STAFFING CONSIDERATIONS Community Development, Airport, and Public Works staff have been directed to work on the ALP Update Narrative. ENVIRONMENTAL CONSIDERATIONS According to State CEQA Guidelines section 15378(a), a “project” means “the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, and that is any of the following: [SI] (1) An activity directly undertaken by any public agency...” Here, the Town — a public agency — proposes to submit a request to the Federal Aviation Administration (“FAA”) to approve the Airport Layout Plan Update Narrative (“ALPUN”) for the Mammoth Yosemite Airport (the “Airport”). The activities and projects contemplated in the ALPUN could result in a direct physical change in the environment. Furthermore, the Town’s actions taken in connection with the ALPUN are discretionary actions that require the exercise of judgment and deliberation on behalf of the Town. Thus, the Town’s request that the FAA approve the ALPUN is considered a “project” as defined by the California Environmental Quality Act (“CEQA”) and the State CEQA Guidelines. Once a lead agency determines that an activity it proposes to undertake is a “project” subject to CEQA, the next step is to determine whether the “project” is exempt from CEQA review. (State CEQA Guidelines, § 15061(a).) According to the State CEQA Guidelines, a project is exempt from CEQA if “[t]he project is exempt by statute. .“ (State CEQA Guidelines, § 15061(b)(1).) Page 3 of 5 Staff has reviewed the “project” (i.e., the Town’s request that the FAA approve the ALPUN) in light of the existing statutory exemptions outlined in State CEQA Guidelines section 15260 et seq. Staff has determined that the Town Council’s decision to formally submit the ALPUN to FAA for consideration is statutorily exempt from CEQA pursuant to State CEQA Guidelines section 15262. Specifically, State CEQA Guidelines section 15262 provides that: A project involving only feasibility or planning studies for possible future actions which the agency, board, or commission has not approved, adopted, or funded does not require the preparation of an EIR or negative declaration but does require consideration of environmental factors. This section does not apply to the adoption of a plan that will have a legally binding effect on later activities. Here, the ALPUN is, by definition, a feasibility and planning study for possible future actions at the Airport. The ALPUN outlines possible improvement projects that could be undertaken by the Town at the Airport if (1) the FAA finds that the projects are consistent with its goals and policies for the Airport and (2) there is funding available for the proposed improvements. By submitting the ALPUN to the FAA for consideration, the Town is in no way approving, adopting, or funding any of the conceptual improvements outlined in the ALPUN. The ALPUN does not have a legally binding effect on later activities because any improvements to the Airport would be required to undergo design review, site planning, and environmental review. Indeed, as reflected on the face of the ALPUN, even if the FAA accepts the ALPUN, the FAA’s acceptance in no way constitutes “a commitment on the part of the United States to participate in any development depicted” in the ALPUN. The ALPUN will not have regulatory effect and is intended to guide and inform recommendations for improvements to the Airport. Finally, the Town has considered environmental factors in connection with its request that the FAA approve the ALPUN. Specifically, the ALPUN includes a discussion of utilities, drainage, and soil movement. Environmental analysis of any development project proposed at the Airport will be fully compliant with the requirements of both the National Environmental Policy Act (NEPA) and CEQA. The FAA’s consideration of the ALPUN is considered categorically excluded under the NEPA Implementing Instructions for Airport projects because Categorical Exclusions, Table 6-1, lists “Conditional Airport Layout Plan (ALP) approval” as a categorical exclusion unlikely to involve extraordinary circumstances. Page 4 of 5 Thus, for the foregoing reasons the Town’s submission of the ALPUN to the FAA for consideration is statutorily exempt pursuant to State CEQA Guidelines section 15262. LEGAL CONSIDERATIONS The Town Attorney has been involved in relevant legal questions that arose during the ALPUN process. RECOMMENDATION Therefore, it is recommended that the Town Council: Choose Option 1 and direct staff to formally submit the revised Airport Layout Plan Update Narrative (ALPUN) to the Federal Aviation Administration (FAA) for review